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DICTIONARY 


OV 


GREEK    AND  ROMAN  ANTIQUITIES. 


0 


DICTIONARY 


GREEK  AND  ROMAN  ANTIQUITIES 


kditbd  bt 


TV  I L  LI  AM    SMITH,    LL.D. 

KDITOK  OF  THK   *' DICTION  A  ET  OF  ORBSK  AND   ROMAN   BIOORAPHT  AND   MYTHOLOeV.' 


*•  * 


ILLUSTRATED    BY    NUMEROUS    ENGRAVINGS    ON    WOOD. 


IMPSOTBD  Aia>  BITLABGED. 


'BOSTON: 
LITTLE,     BROWN,    AND    COMPANY. 

1859. 


rr 


J7^„^tk-<^rt  S  y     4/  V«^»^  '^  • 


LIST    OF    WRITERS. 


nnnAi^s.  mambs. 

A.  A.  Alkxattdeb  Allen,  Ph.  D. 

W.  F.  I>.  l^ILXIAM  FiSHBURN  DONKIN,  1£  A. 

Fellow  of  University  CoU^e,  Oxford. 
W.  Au  G.  WiLUAM  Alexander  GBEENHiLLy  M.D. 

Trinity  CoUege,  Oxford. 

B.  J.  Benjamin  Jowett,  M.A. 

FeUow  of  Baliol  CoUege,  Oxford. 

C.  R.  K.  Chables  Rann  Eennedt,  M.  A. 

Late  Fellow  of  Trinity  College,  Cambridge. 

T.  H.  K.  Thomas  Hewitt  Key,  M.A. 

Professor  of  Comparative  Grammar  in  University  Col- 
lege, London. 

H.  G.  L».  Hembt  Geobge  Liddell,  M.A. 

Head  Master  of  Westminster  SchooL 
G.  L.  Geobge  Long,  M.A. 

Late  Fellow  of  Trinity  College,  Cambridge. 
C.  P.  M.  Chables  Peteb  Mason,  B.  A. 

Fellow  of  University  College,  London. 
J.  S.  M.  John  Smith  Mansfield,  M.A. 

Fellow  of  Trinity  College,  Cambridge. 
W.  R.  William  Ramsat,  M.A, 

Professor  of  Humanity  in  the  University  of  Glasgow 

A.  B.  Anthony  Rich,  Jun.  B.  A. 

Late  of  Cains  College,  Cambridge. 
L.  S.  Leonhabd  ScHMiTz,  Ph.D.,  F.R.S.E. 

Rector  of  the  High  School  of  Edinbuigh. 
P.  S.  Philip  Smith,  B.A. 

Of  the  University  of  London. 

B.  W.  Bobebt  Whiston,  M.  A. 

Fellow  of  Trinity  College,  Cambridge* 
B.  N.  W.         Ralph  Nicholson  Wobnum,  Esq. 
J.  X.  James  Yates,  M.  A.,  P.  R.  S. 

The  Articles  which  have  no  initials  attached  to  them  are  written  by  the  Editor. 


PREFACE 


THE    SECOND   EDITION, 


It  was  inevitable  that  many  defects  should  be  fonnd  in  the  first  Edition  of  a 

vork  Uke  tVie  Dictionary  of  Greek  and  Roman  Antiquities,  embracing  a  great 

variety  of  subjects,  written  by  different  persons,  and  published  periodically. 

Of  these  no  one  was  more  fully  aware  than  the  Editor;  and  accordingly, 

when  the  sale  of  a  very  large  impression  rendered  the  preparation  of  a  second 

Edition  necessary,  he  resolved  to  spare  no  pains  and  exertions  to  render  the 

work  still  more  worthy  of  the  approbation  with  which  it  had  been  already 

received.     The  following  will  be  found  to  be  the  principal  improvements  in 

the  present  Edition. 

1.  Many  of  the  most  important  articles  are  rewritten.  This  is  especially 
the  case  in  the  earlier  portion  of  the  work,  since  it  was  originally  intended  to 
complete  it  in  a  much  smaller  compass  than  was  afterwards  found  advisable  ; 
and  accordingly  many  subjects  in  the  earlier  letters  of  the  alphabet  were  treated 
in  the  first  Edition  with  a  brevity  which  prevented  the  writers  from  giving  a 
full  and  satisfactory  explanation  of  several  important  points. 

2.  Many  subjects  which  were  entirely  omitted  in  the  first  Edition  are  here 
supplied.  Any  one  who  has  had  experience  in  the  arrangement  of  a  work  in 
alphabetical  order  will  not  be  surprised  that  there  should  be  many  omissions 
in  the  first  Edition  of  such  a  work.  Some  idea  may  be  formed  of  the  exten- 
sive additions  made  to  the  work,  when  it  is  stated  that,  including  the  articles 
which  have  been  rewritten,  the  present  Edition  contains  upwards  of  three 
hundred  pages  of  entirely  new  matter. 

3.  Those  articles  which  have  not  been  rewritten  have  been  carefully  revised, 
and  in  many  of  them  errors  have  been  corrected,  extraneous  matter  omitted, 
and  much  additional  information  given.  In  this  part  of  his  labours  the  Editor 
has  received  the  most  valuable  assistance  from  Mr.  George  Long,  Dr.  Schmitz, 
and  Mr.  Philip  Smith. 

4.  Additional  iUustrations  have  been  given  by  means  of  new  woodcuts, 
wherever  the  subjects  appeared  to  require  them.     Many  of  these  new  wood- 


Vm  PREFACE   TO   THE    SECOND   EDITION. 

cuU  are  of  considerable  importance,  as  the  reader  maj  see  hj  referring  to 
the  articles  Amphitheatrumy  Aquaeductus^  Columnar  Templum,  and  many 
others. 

6.  An  alteration  has  been  made  in  the  arrangement  of  the  work,  which  will 
tend  to  facilitate  its  use.  In  the  former  Edition  there  was  some  inconsistency 
in  the  use  of  Greek,  Latin,  and  English  words  for  the  names  of  articles.  In 
the  present  Edition  the  Latin  language  has  been  always  employed  for  the 
heading  of  the  articles,  except  in  those  subjects  connected  with  Greek  Anti- 
quities where  no  corresponding  words  existed  in  Latin;  as,  for  instance,  in  legal 
terms,  and  in  the  names  of  magistrates.  In  these  cases  the  Greek  language  has 
been  necessarily  employed ;  but,  in  compliance  with  a  wish  expressed  by  many 
persons,  the  Greek  words  are  given  in  Latin  letters,  with  the  Greek  characters 
subjoined. 

In  conclusion,  the  Editor  has  to  express  his  regret  that  he  is  unable  in  any 
way  to  make  the  additions  and  alterations  in  the  present  Edition  available  to 
the  purchasers  of  the  former  one.  He  had  at  one  time  thought  of  publishing 
them  in  a  separate  form;  but  he  found,  as  the  work  proceeded,  that  this  was  quite 
impossible,  on  account  of  their  great  number  and  lengtli.  In  fact,  the  present 
Edition  must  be  regarded,  to  a  considerable  extent,  as  a  new  work. 

WILLIAM  SMITH. 

London,  A^ugust  Ist,  1848. 


PREFACE 


THE    FIRST   EDITION. 


Ths  Btady  of  Greek  and  Eoman  Antiquities  has,  in  common  with  all  other 
philological  studies,  made  great  progress  in  Europe  within  the  last  fifty  years. 
The  earlier  writers  on  the  suhject,  whose  works  are  contained  in  the  collections 
of  GronoYius  and  GraeTias,  display  little  historical  criticism,  and  give  no  com 
preheDsiTe  view  or  living  idea  of  the  public  and  private  life  of  the  ancients. 
They  were  contented,  for  the  most  part,  with  merely  collecting  facts,  and  arrang- 
ing them  in  some  systematic  form,  and  seemed  not  to  have  felt  the  want  of  any 
thing  more :  they  wrote  aboat  antiqaity  as  if  the  people  had  never  existed ; 
they  did  not  attempt  to  realise  to  their  own  minds,  or  to  represent  to  those  of 
othyerB,  the  living  spirit  of  Greek  and  Roman  civilisation.    But  by  the  labours 
of  modem  scholars  life  has  been  breathed  into  the  study :  men  are  no  longer 
satisfied  with  isolated  facts  on  separate  departments  of  the  subject,  but  endea- 
Toor  to  form  some  conception  of  antiquity  as  an  organic  whole,  and  to  trace 
the  relation  of  one  part  to  another. 

There  is  scarcely  a  single  subject  included  under  the  general  name  of  Greek 
and  Boman  Antiquities,  which  has  not  received  elucidation  from  the  writings 
of  tbe  modem  scholars  of  Germany.  The  history  and  political  relations  of  the 
nations  of  antiquity  have  been  placed  in  an  entirely  different  light  since  the 
publication  of  Niebuhr's  Roman  History,  which  gave  a  new  impulse  to  the 
^udy,  and  has  been  succeeded  by  the  works  of  Bockh,  K  O.  Miiller,  Wachs- 
muth.  El  F.  Hermann,  and  other  distinguished  scholars.  The  study  of  the 
Roman  law,  which  has  been  unaccountably  neglected  in  this  country,  has  been 
prosecuted  with  extraordinary  success  by  the  great  jurists  of  Germany,  among 
whom  Savigny  stands  preeminent,  and  claims  our  profoundest  admiration. 
The  subject  of  Attic  law,  though  in  a  scientific  point  of  view  one  of  much 
less  interest  and  importance  than  the  Roman  law,  but  without  a  competent 
knowledge  of  which  it  is  impossible  to  understand  the  Greek  orators,  has  also 
received  much  elucidation  from  the  writings  of  Meier,  Schomann,  Bunsen,  - 
Fktner,  Hudtwalcker,  and  others.  Nor  has  the  private  life  of  the  ancients 
been  neglected.      The  discovery  of  Herculaneum  and  Pompeii  has  supplied 


X  PREFACE   TO   THE   FIRST  EDITION. 

us  with  important  information  on  the  subject,  which  has  also  been  dis- 
cussed with  ability  by  several  modem  writers,  among  whom  W.  A.  Becker,  of 
Leipzig,  deserves  to  be  particularly  mentioned.  The  study  of  ancient  art  like- 
wise, to  which  our  scholars  have  paid  little  attention,  has  been  diligently  cul- 
tivated in  Germany  from  the  time  of  Winckelmann  and  Lessing,  who  founded 
the  modem  school  of  criticism  in  art,  to  which  we  are  indebted  for  so  many 
valuable  works. 

While,  however,  so  much  has  been  done  in  every  department  of  the  subject, 
no  attempt  has  hitherto  been  made,  either  in  Germany  or  in  this  country,  to 
make  the  results  of  modern  researches  available  for  the  purposes  of  instruction, 
by  giving  them  in  a  single  work,  adapted  for  the  use  of  students.  At  present, 
correct  information  on  many  matters  of  antiquity  can  only  be  obtained  by 
consulting  a  large  number  of  costly  works,  which  few  students  can  have  access 
to.  It  was  therefore  thought  that  a  work  on  Greek  and  Roman  Antiquities, 
which  should  be  founded  on  a  careful  examination  of  the  original  sources,  with 
such  aids  as  could  be  derived  from  the  best  modern  writers,  and  which  should 
bring  up  the  subject,  so  to  speak,  to  the  present  state  of  philological  learning, 
would  form  a  useful  acquisition  to  all  persons  engaged  in  the  study  of  antiquity. 

It  was  supposed  that  this  work  might  fall  into  the  hands  of  two  different  classes 
of  readers,  and  it  was  therefore  considered  proper  to  provide  for  the  probable 
wants  of  each,  as  far  as  was  possible.  It  has  been  intended  not  only  for  schools, 
but  also  for  the  use  of  students  at  universities,  and  of  other  persons,  who  may 
wish  to  obtain  more  extensive  information  on  the  subject  than  an  elementary 
work  can  supply.  Accordingly  numerous  references  have  been  given,  not  only 
to  the  classical  authors,  but  also  to  the  best  modem  writers,  which  will  point 
out  the  sources  of  information  on  each  subject,  and  enable  the  reader  to  extend 
his  inquiries  further  if  he  wishes.  At  the  same  time  it  must  be  observed, 
that  it  has  been  impossible  to  give  at  the  end  of  each  article  the  whole  of  the 
literature  which  belongs  to  it.  Such  a  list  of  works  as  a  full  account  of 
the  literature  would  require,  would  have  swelled  the  work  much  beyond  the 
limits  of  a  single  volume,  and  it  has  therefore  only  been  possible  to  refer  to  the 
principal  modem  authorities.  This  has  been  more  particularly  the  case  with 
such  articles  as  treat  of  the  Koman  constitution  and  law,  on  which  the  modern 
writers  are  almost  innumerable. 

A  work  like  the  present  might  have  been  arranged  either  in  a  systematic  or 
an  alphabetical  form.  Each  plan  has  its  advantages  and  disadvantages,  but  many 
reasons  induced  the  Editor  to  adopt  the  latter.  Besides  the  obvious  advantage 
of  an  alphabetical  arrangement  in  a  work  of  reference  like  the  present,  it 
enabled  the  Editor  to  avail  himself  of  the  assistance  of  several  scholars  who  had 
made  certain  departments  of  antiquity  their  particular  study.  It  is  quite  im- 
possible that  a  work  which  comprehends  all  the  subjects  included  under  Greek 
and  Roman  Antiquities  can  be  written  satisfactorily  by  any  one  individual.  As 
it  was  therefore  absolutely  necessary  to  divide  the  labour,  no  other  arrangement 
offered  so  many  facilities  for  the  purpose  as  that  which  has  been  adopted ;  in 
addition  to  which,  the  form  of  a  Dictionary  has  the  additional  advantage  of 
enabling  the  writer  to  give  a  complete  account  of  a  subject  under  one  head, 
which  cannot  so  well  be  done  in  a  systematic  work.  An  example  will  illustrate 
whdt  is  meant.    A  liistory  of  the  patrician  and  plebeian  orders  at  Rome  can 


PRteFACB    TO   THE  FIBST  EDITION.  Xl 

only !»  gained  from  a  systematic  work  by  putting  together  the  sUtements  con- 
tuned  in  many  different  parts  of  the  work,  while,  in  a  Dictionary,  a  connected 
view  of  their  history  is  given  from  the  earliest  to  the  latest  times  under  the 
respectiTe  words.     The  same  xexnark  will  apply  to  numerous  other  subjects. 

SoQie  subjects  have  heen  included  in  the  present  work  which  have  not  usually 
\ieeQ  tieated  of  in  works  on   Greek  and  Roman  Antiquities.     These  subjects 
haTe  been  inserted  on  account  of  the  important  influence  which  they  exercised 
upon  the  public  and  private  life  of  the  ancients.     Thus,  considerable  space  has 
been  giren  to  the  articles   on  Painting  and  Statuary,  and  also  to  those  on  the 
diferent  departments  of  the  I>raina.    There  may  seem  to  be  some  inconsistency 
and  apparent  capricionsness  in  the  admission  and  rejection  of  subjects,  but  it  is 
rerj  difficult  to  determine  at  what  point  to  stop  in  a  work  of  this  kind.    A 
Dictionary  of  Greek  and  Roman  Antiquities,  if  understood  in  its  most  eztendye 
flgnificatioD,  would  comprehend  an  account  of  every  thing  relating  to  antiquity* 
In  its  narrower  sense,  however,  the  term  is  confined  to  an  account  of  the  public 
a!]d  priyate  life  of  the  Greeks  and  Romans,  and  it  is  convenient  to  adhere  to 
this  signification  of  the  w^ord,  however  arbitrary  it  may  be.     For  this  reason 
seTeral  articles  have  heen  inserted  in  the  work  which  some  persons  may  regard 
as  out  of  place,  and  others  have  been  omitted  which  have  sometimes  been  im- 
properly included  in  writings  on  Greek  and  Roman  Antiquities.    Neither  the 
names  of  persons  and  divinities,  nor  those  of  places,  have  been  inserted  in  the 
present  work,  as  the  former  will  be  treated  of  in  the  "  Dictionary  of  Greek  and 
Boman  Biography  and  Mythology,"  and  the  latter  in  the  "  Dictionary  of  Greek 
and  Roman  Geography." 

The  subjects  of  the  woodcuts  have  been  chosen  by  the  writers  of  the  articles 
Kbich  they  illustrate,  and  the  drawings  have  been  made  under  their  superinten- 
dence.* Many  of  these  have  been  taken  from  originals  in  the  British  Museum, 
and  others  from  the  different  works  which  contain  representations  of  works  of 
andoit  art,  as  the  Mnseo  Borbonico,  Museo  Capitolino,  Millings  Peintures  de 
Vases  Antiques,  Tiachhein's  and  D'Hancarville's  engravings  from  Sir  William 
HamiUon*9  Vases,  and  other  simikr  works.  Hitherto  little  use  has  been  made  in 
this  country  of  existing  works  of  art,  for  the  purpose  of  illustrating  antiquity.  In 
many  cases,  however,  the  representation  of  an  object  gives  a  far  better  idea  of 
the  purposes  for  which  it  was  intended,  and  the  way  in  which  it  was  used,  than 
any  explanation  in  words  only  can  convey.  Besides  which,  some  acquaintance 
with  the  remains  of  ancient  art  is  almost  essential  to  a  proper  perception  of  the 
spirit  of  antiquity,  and  would  tend  to  refine  and  elevate  the  taste,  and  lead  to  a 
just  appreciation  of  works  of  art  in  general. 

Mr.  Greorge  Long,  who  has  contributed  to  this  work  the  articles  relating  to 
Roman  Law,  has  sent  the  Editor  the  following  remarks,  which  he  wishes  to 
make  respecting  the  articles  he  has  written,  and  which  are  accordingly  subjoined 
in  his  own  words. 

"  The  writer  of  the  articles  marked  with  the  letters  G.  L.  considers  some 
"  apology  necessary  in  respect  of  what  he  has  contributed  to  this  work.  He  has 
**  never  had  the  advantage  of  attending  a  course  of  lectures  on  Roman  Law,  and 
'^  he  has  written  these  articles  in  the  midst  of  numerous  engagements,  which  left 

•   The  woodcuts  have  been  executed  by  Mr.  John  Jackson. 


Xll  PBBFACB  TO  THE  FIBST  EDITION. 

*^  little  time  for  other  labour.  The  want  of  proper  materials  also  was  often  felt, 
*'  and  it  would  have  been  sufficient  to  prevent  the  writer  from  venturing  on 
**  such  an  undertaking,  if  he  had  not  been  able  to  avail  himself  of  the  library 
*'  of  his  friend,  Mr.  William  Wright^  of  Lincoln's  Inn.  These  circumstances 
"  wil],  perhaps,  be  some  excuse  for  the  errors  and  imperfections  which  will  be 
**  apparent  enough  to  those  who  are  competent  judges.  It  is  only  those  who 
''  have  formed  an  adequate  conception  of  the  extent  and  variety  of  the  matter 
'*  of  law  in  general,  and  of  the  Roman  Law  in  particular,  who  can  estimate  the 
*'  difficulty  of  writing  on  such  a  subject  in  England,  and  thej  will  allow  to  hizn 
**  who  has  attempted  it  a  just  measure  of  indulgence.  The  writer  claims  such 
**  indulgence  from  those  living  writers  of  whose  labours  he  has  availed  himself, 
*^  if  any  of  these  articles  should  ever  fall  in  their  way.  It  will  be  apparent 
**  that  these  articles  have  been  written  mainly  with  the  view  of  illustrating 
*^  the  classical  writers ;  and  that  a  consideration  of  the  persons  for  whose  use 
**  they  are  intended,  and  the  present  state  of  knowledge  of  the  Roman  Law  in 
**  this  country,  have  been  sufficient  reasons  for  the  omission  of  many  important 
**  matters  which  would  have  been  useless  to  most  readers  and  sometimes  unin* 
« telligible.' 

'^  Though  few  modem  writers  have  been  used,  compared  with  the  whole 
**  number  who  might  have  been  used,  they  are  not  absolutely  few,  and  many  of 
**  them  to  Englishmen  are  new.  Many  of  them  also  are  the  best,  and  among 
*^  the  best,  of  the  kind.  The  difficulty  of  writing  these  articles  was  increased  by 
*'  the  want  of  books  in  the  English  language ;  for,  though  we  have  many  writera 
**  on  various  departments  of  the  Roman  Law,  of  whom  two  or  three  have  been 
**  referred  to,  they  have  been  seldom  used,  and  with  very  little  profit" 

It  would  be  improper  to  close  these  remarks  without  stating  the  obligations 
this  work  is  under  to  Mr.  Long.  It  was  chiefly  through  his  advice  and  en- 
couragement that  the  Editor  was  induced  to  undertake  it,  and  during  its 
progress  he  has  always  been  ready  to  give  his  counsel  whenever  it  was 
needed.  It  is  therefore  as  much  a  matter  of  duty  as  it  \?  of  pleasure,  to  make 
this  public  acknowledgment  to  him* 

WILLIAM  SMITH. 

LondoD,  April  Sad,  184S. 


DICTIONARY 


GREEK    AND    ROMAN    ANTIQUITIES. 


ABACUS. 

AFACUS  (ItCop  denoted  primarilj  a  square 
talilet  of  anj  material ;  and  waa  hence  implied  in 
tite  following  ngnificatioiia  :  — 

1.  la  Aithitectore  it  denoted  the  flat  square 
stooe,  vhich  conititiited  the  highest  member  of  a 
ealimiB,  being  placed  immediately  under  the  archi- 
tnre.  The  annexed  figure  is  drawn  from  that  in 
tike  British  Museunk,  which  was  taken  from  the 
^^Btheoon  at  Athenm,  and  is  a  perfect  specimen  of 
tiie  capital  of  a  Doiric  column. 


In  the  wan  ornamented  orders  of  architectnre, 
*tth  as  the  Corinthian,  the  sides  of  the  abacas 
vere  anred  inwards,  and  a  rose  or  some  other 
decooliea  was  frequently  placed  in  the  middle  of 
<*ch  side  ;  but  the  name  Abacus  was  given  to  the 
Mane  thua  direnified  and  enriched,  as  well  as  in 
in  or%inal  fonn.     (VitruT.  iii  3,  iv.  1.  §  7.) 

2.  A  painted  panel,  ooflfier,  or  square  compart- 
Bent  in  the  wall  or  ceiling  of  a  chamber.  (Plin. 
ff.  N,  mriJL  56,  zzzr.  1,  13  ;  VitruT.  yii  3. 
1 10  ;  Letranne,  Petnim',  nmr.  ^  476.) 

S.  A  wooden  tray,  used  for  a  Tariety  of  por- 
poies  in  domestic  economy.  It  was,  for  instance, 
the  name  given  to  the  maeira  (jidxTpa),  ortray  for 
koeadii^ dough.  (Cradn.  Frag.^  27,ed.  Runkel; 
Pi^uz.  Ti  90,  X.  105  ;  Cato,  IL  R.  10 -,  Hesych. 
i.  a  ftimr^  I  SchtL  ia  Titoer.  ir.  61.) 

4.  A  board,  eoTered  with  sand  or  dust,  used  by 
mathemataciana  for  drawing  diagrams  (EustatL  m 
Od.  i  107),  and  by  arithmeticians  for  the  purposes 
of  cakulalion.  (Pern  Sat  I  131.)  For  the  latter 
nupose  perpendicnlar  lines  or  channels  seem  to 
oare  been  dawn  in  the  sand  upon  the  board  ;  but 
■«****«■*•?  the  board  had  perpendicular  wooden  di- 
rinooa,  the  space  oo  the  right  hand  being  intended 
for  mnts,  the  next  space  for  tens,  the  next  for 
hmdredi,  md  to  on.    Thus  was  constructed  the 


ABACUS. 
h^dntow^  i^'  cZ  rlm<^i(owritf^  «  the  abacus  on  which 
they  calculate,**  i,  «.  reckon  by  the  use  of  stones 
(i|4^«,  ealaUi).  (Comp.  Pol.  t.  26.)  The  figure 
following  represents  the  probable  form  and  appear- 
ance of  such  an  abacus.  The  reader  will  observe, 
that  stone  after  stone  might  be  put  into  the  right- 
hand  partition  until  they  amounted  to  10,  when  it 
would  be  necessary  to  take  them  all  out  as  repre- 
sented in  the  figure,  and  instead  of  them  to  put 
one  stone  into  ^e  next  partition.  The  stones  in 
this  division  might  in  like  manner  amount  to  10, 
thus  representing  10  k  10m  100,  when  it  would  be 
necessary  to  take  out  the  10,  and  instead  of  them 
to  put  one  stone  into  the  thixd  partition,  and  so  on. 
On  this  principle  the  stones  in  the  abacus,  as  de- 
lineated in  the  figure,  would  be  equivalent  to 
359,310. 


5.  A  board  adapted  for  playing  with  dice  or 
countors,  resembling  a  draught-board  or  back- 
gammon-board. (Caryst  ap,  Ath,  x.  p.  435,  d  ; 
Suet  Nor,  22  ;  Macrob.  SaL  L  5.)  The  Greeks  had 
a  tradition  ascribing  this  contrivance  to  PaUimedes, 
hence  they  called  it  **  the  abacus  of  Palamedes.** 
(Jh  UaXaintfitutp  iuSdjcior,  Eustath.  inOd.l  107.) 
[Latbunculi.] 

6.  A  table  or  sideboard,  chiefly  used  for  the 
display  (exponere)  of  gold  and  silver  cups.  The 
tops  of  such  tables  were  sometimes  made  of  silver, 
but  more  usuaUy  of  marble,  and  appear  in  some 
cases  to  have  had  numerous  cells  or  partitions  be- 
neath, in  which  the  plate  was  likewise  placed.  The 
use  of  abaci  was  first  introduced  at  Rome  from  Asia 
Minor  after  the  victories  of  Cn.  Manlius  Vulso, 
B.  c.  187,  and  their  introduction  was  r^arded  as 
one  of  the  marks  of  the  growing  luxury  of  the  age.. 

B 


2  ABORTIO. 

(Cic  VwT,  IT.  16,  Tvac,  y.  21  ;  Liv.  xxxiz.  6 ; 
PliiL  H.N,  xxxviL  6 ;  Petron.  73 ;  Sid.  ApolL  xvii. 
7,  8.)  These  abaci  are  Bometimes  called  meaiaae 
Ddphicae.  (Cic  Verr.  iv.  59;  Mart  zii.  67; 
Becker,  GaUus^  vol  I  p.  140.) 

7.  A  part  of  the  theatre  on  or  near  the  stage. 

8.  The  diminutire  Abaculus  (igaicfiricoj)  de- 
noted a  tile  of  marble,  glass,  or  any  other  substance 
used  for  making  ornamental  pavements.  They  were 
of  various  colours.  (Plin.  H.  N,  xxxvL  67  ;  Mos- 
chion,  ap.  Ath.  v.  207,  d.)  [J.  Y.J 

ABACTUS  VENTER.    [Abortio.] 
ABALIENATIO.    [Mancipium.] 
ABDICA'TIO.    [MAOISTRATU&] 
ABOLLA,  the  Latin  form  of  ijie6?iXay  i,  e. 
iyaeoX'fi,  a  loose  woollen  cloak.     Nonius  quotes  a 
passage  o(  Vano  to  show  that  it  was  a  garment 
worn  by  soldiers  (vegtit  miUtaris\  and  thus  op- 
posed to  the  toga.     Its  form  and  the  mode  of 
wearing  it  are  seen  in  the  figures  annexed,  taken 
from  the  bas-reliefs  on  the  triumphal  arch  of  Sep- 
timius  Severus  at  Rome. 


It  was,  however,  not  confined  to  military  occa- 
sions, but  was  also  worn  in  the  city,  (Suet  OaL 
35.)  It  was  especially  used  by  the  Stoic  philoso- 
phers at  Rome  as  the  pallium  jAUoiophicum^  just  as 
the  Greek  philosophers  were  accustomed  to  dis- 
tinguish themselves  b^  a  particular  dress.  (Juv. 
iv.  75;  Mart  iv.  58,  viii.  48.)  Hence  the  expres- 
sion of  Juvenal  (iv.  75)  /acinu»  tnajoria  aboUae 
merely  signifies,  **  a  crime  committed  by  a  very 
deep  philosopher.^  (Heinrich,a(f«7tM7.  Le,;  Becker, 
Oalktt,  vol  il  p.  99.) 

ABO'RTIO.  This  word  and  the  cognate  word 
tAortivus,  abortus,  were  applied  to  a  child  pre- 
maturely bom,  whence  it  appears  that  they  were 
also  ap^ied  to  signify  a  premature  birth  brought 
about  designedly.  The  phrase  abactus  venter  in 
Paulus  (<SM  Reoq>,  iv.  9)  simply  means  a  pre- 
mature birth.  That  abortion  in  the  secondary  sense 
of  the  word  was  practised  among  the  Romans, 
appears  from  various  passages  and  from  there  being 
an  enactment  against  it  (Dig.  48.  tit  19.  s.  38.) 
It  is  not  stated  at  what  time  a  penalty  against  pro- 
curing abortion  was  established.  It  is  maintained 
by  some  modem  writers  that  the  practice  of  abor- 
tion became  so  common  among  the  Romans,  that 
combined  with  celibacy  and  other  causes  it  mate- 


ACCEPTILATIO. 

rially  diminished  the  population  of  Rome.  But  this 
general  assertion  is  not  sufficiently  proved.  The 
practice  of  abortion  appears  not  to  have  been  vie-wed 
in  the  same  light  by  the  Greeks  and  Romans  aa 
by  the  Christian  nations  of  modem  times.  Aria- 
totle  in  his  PoUHk  (viL  14),  recommends  it  on  the 
condition  that  the  child  has  not  yet  got  senaatioTi 
and  life,  as  he  expresses  it  In  Plato*s  Republic 
(v.  p.  25),  it  is  also  permitted.  At  Athena,  a  per- 
son who  had  caused  the  abortion  of  a  child  by 
means  of  a  potion  {iif*SKD»$pi9iov\  was  liable  to  an 
action  (ifie^^tc^s  ypa^\  but  we  do  not  know 
what  was  the  penalty  in  case  of  conviction :  it  x^-as 
certainly  not  death.  There  was  a  speech  of  Lysias 
on  this  subject,  which  is  lost  (Frag.  p.  8.  ed. 
Reiske.)  [G.L.J 

ABROGA'TIO.    [Lbx.] 

ABSOLU'TIO.    [JuDBx.] 

ABSTINENDI  BENEFI'CIUM.   [Hbrbs.J 

ABU'SUS.    [Usus  FRUCTU&] 

ACAENA  CAxaiyri,  Jdcoiva,  or  in  later  Greek 
&ie€ya,in  one  place  ^aivov)  is  a  very  ancient  Greek 
word,  for  it  is  said  to  have  been  derived  from  the 
Thessalians  or  from  the  Pelasgians.  It  seems  ori- 
ginally to  have  meant  a  point^  stick :  thus  it  was 
applied  both  to  a  goad  and  to  a  shepherds  staff. 
Afterwards  it  came  (like  our  pole  and  perck,  and 
the  German  stanffe)  to  mean  a  measuring  rod  of  the 
length  of  ten  Greek  feet,  or,  according  to  Hesychius, 
9|  ^X«f^9  which  is  the  same  thing.  It  was  used 
in  measuring  land,  and  thus  it  resembles  the  Ro- 
man decempeda.  It  is  doubtfiil  whether  there 
was  a  corresponding  square  measure.  (Schol.  ta 
ApoU.  Rhod,  liL  1326  ;  Suid.  s.  v. ;  Hesych.  s.  v. ; 
Schow,  Hesych.  Restit.  p.  648  ;  Olympiodor.  ad 
Aristot  MeteoroUtg.  p.  25  ;  Heron,  qp.  Salmas.  €ul. 
Solin.  p.  481  ;  Wurm,  de  Pond.  p.  93.)  Compare 
ACNA.  [P.  5.J 

ACA'TIUM.     [NAVI8.] 

ACCENSI.  1.  Public  officers  who  attended  on 
several  of  the  Roman  magistrates.  They  sum- 
moned the  people  to  the  assemblies,  and  those  who 
had  lawsuits  to  court ;  they  preserved  order  in  the 
assemblies  and  the  courts,  and  proclaimed  the  time 
of  the  day  when  it  was  the  third  hour,  the  sixth 
hour,  and  the  ninth  hour.    An  acoensus  anciently 

Preceded  the  consul  who  had  not  the  fasces,  and 
Ictors  without  fasces  walked  behind  him,  which 
custom  alter  being  disused  was  restored  by  Julius 
Caesar  in  his  first  consulship.  (Varr.  L.L.'vn.  58, 
ed.  MuUer  ;  Plin.  H.  N.  viL  60 ;  Suet  Jul  20  ; 
Liv.  iiL  S3.)  Accensi  also  attended  on  the  governors 
of  provinces  (Cic  ad  Fratr.  LI.  §  4),  and  were 
commonly  freedmen  of  the  magistrate  on  whom  they 
attended. 

2.  A  body  of  reserve  troops,  who  followed  the 
Roman  army  without  having  any  military  duties  to 
perform,  and  who  were  taken  one  by  one  to  supply 
any  vacancies  that  might  occur  in  the  legions. 
They  were  according  to  the  census  of  S^ius 
Tullius  taken  from  the  fifth  class  of  citizens.  They 
were  placed  in  battle  in  the  rear  of  the  army,  be- 
hind the  triarii,  and  seem  to  have  acted  sometimes 
as  orderiies  to  the  officers.  They  were  also  called 
AdscripticU  and  in  later  times  Supentumerarii. 
(Fest  s.  V.  Aeoensi,  Adacriptidi;  Liv.L  43,  viii. 
8,  10 ;  Veget  iL  19  ;  Niebuhr,  Rom,  HisL  voLL 
p.  449,  &c.) 

ACCEPTILA'TIO  is  defined  to  be  a  release  by 
mutual  interrogation  between  debtor  and  creditor, 
by  which  each  party  is  exonerated  from  the  same 


ACCBSSia 

In  other  vwds  aeeepdiatb  is  tbe  fetm 
•i  ««sds  by  which  a  cnditor  rImim  hia  debtor 
fsma  m  debt  tx*  obligation,  aaid  adcnowledgea  he  has 
RceHvd  that  which  in  fret  he  hat  not  reoeired 
(Tehiti  iaoaginaria  aolntiD).  This  release  of  debt  by 
acoeptilatio  applieB  oaly  to  nch  debts  as  have  been 
coooacted  bj  stipalatio,  cuufonnably  to  a  rale  of 
KaouB  lav,  that  only  ooBtzacts  made  by  woids 
can  be  pat  an  cad  toby  words.  Bat  the  astateness 
d  the  Roman  lawyets  foaad  a  mode  of  oomplyin^ 
vith  the  rale,  and  at  the  same  time  extendiag  the 
aceeptilatio  to  all  kinds  and  to  any  nomber  of  oon- 
txacta.  This  waa  the  invention  of  QaOus  Aqailias, 
who  derised  m  fionanla  far  redndng  all  and  every 
kind  of  ooDtncts  to  the  stipalatio.  This  being 
done,  the  aeeepdlatio  wonld  immedartely  apply, 
iBascDoch  as  the  mattter  waa  by  ooch  ftniala 
bnm^t  within  the  general  rale  of  law  above  men- 
tkmed.  The  aocepdhdo  most  be  absolote  and  net 
coaditienal.  A  part  of  a  debt  or  obligation  might 
be  released  as  weQ  as  the  whole^  provided  the 
thine  was  in  its  natoie  cspaUe  of  divisifln.  A 
popmos  ooold  not  zdeose  a  debt  by  aooeptilatiQ, 
witboot  the  aaelaritas  of  his  tutor,  bat  he  eoald  be 
njtnacd  from  a  debt.  A  wonam  also  coald  not 
ideaae  a  debt  by  stipalatio  witboot  the  snctoiitas 
ofatotoc  Tfaephiasebyvriiieh  a  creditor  is  said 
to  release  his  ddiior  by  aceeptilatb  is^  M&ori  ao- 
tif/rfasi,  or  gpcspte  Jvoen  or  jbn^  or  owoyfaat  mo^ 
Lere^  When  anything  vHiieh  was  done  on  the  behalf 
of  or  for  the  state,  soch  as  a  bailding  fas  instance, 
was  iqipnyved  by  the  eompeteat  aathorities,  it  was 
said,  m  ouoeyrfai  ydrn,  oc  fiQ^irrl  (Dig.  46.  tit 
4  ;  4&  tiL  11.  S.7 ;  Gains,  iL  84,  &&  iiL  169, 
&c)  [O.L.1 

ACCE'SSIO  is  a  legal  tena  which  signifies  that 
two  things  are  nnited  in  soch  wise  that  one  is 
ooosidcred  to  beeome  a  component  pait  ef  the  other ; 
one  thing  is  considered  the  piincipid,  and  the  other 
is  conaidered  to  be  an  aooeosion  or  addition  to  it 
Sometinies  it  may  be  doabtfnl  which  is  to  be  con- 
uia«d  the  principal  thing  and  which  the  accession. 
Bat  the  owner  of  the  principal  thing,  whichever  it 
is,  became  the  owner  of  the  accession  alsoi  The 
raost  nndispnted  kind  of  aoeesrio  is  that  which 
sris»  from  the  onion  of  a  thing  with  the  groond ; 
and  what  the  onion  between  tiie  gnmnd  and  the 
thing  is  cem^lete^  the  thing  bdoogs  to  him  who  is 
the  owner  of  the  graond.  Thns  if  a  man  bnilds 
o&  the  gnnnd  of  another  man,  the  building  bdongs 
to  the  owner  of  the  gnmnd,  anless  it  is  a  bailding 
of  a  BBoreabfe  natore,asa  tent ;  for  the  role  of  law 
k  '^saperiicies  solo  cedit**  A  tree  belonging  to 
oae  man,  if  planted  in  the  ground  of  another  man, 
bdongs  to  the  owner  of  tlw  ground  as  soon  as  it 
bss  token  root  The  same  rule  af^lies  to  seeds 
sodplantik 

If  one  man  wrote  on  the  papynis  (chartolae)  or 
psrchmcnt  (membrsnae)  of  another,  the  matnial 
VIS  eonaidered  the  principal,  end  of  oomse  the 
viitiqg  bekngedtotfaeownerof  the  paper  or  pareh- 
moit  If  a  man  painted  a  pieton  on  another  man*s 
wood  (tabola)  or  whatever  ih»  materials  might  be, 
the  pasting  was  censidcnd  to  be  the  prindpsl 
(tabda  pietane  eedit).  The  prinripk  which  do- 
tmnined  the  acquisition  of  a  new  property  by  ae- 
eeno  was  this — the  intimBteand  inseparable  union 
of  the  aeeessocy  with  the  principal.  Accordingly, 
there  might  be  aeeessb  by  pun  acddeat  without 
tbe  infeerveBtion  of  any  rational  agent  If  a  pieoe 
of  tend  was  tom  away  by  a  strenn  from  one  man^s 


ACERRA.  8 

land  and  attached  to  the  land  of  another,  it  became 
the  property  of  the  man  to  whose  land  it  was  at- 
tached after  it  was  firmly  attached  to  it,  but  not 
before^  This  must  not  be  confounded  with  the  case 
of  Alluvio. 

The  person  who  lost  his  property  by  accessio 
had  as  a  genend  rale  a  right  to  be  indemnified 
for  his  loss  bv  the  person  who  acquired  the  new 
property.     The  exceptions  were  cases  of  nuUa  fides. 

The  tern  accessio  is  aIsoa]^ied  to  things  which 
are  the  products  of  other  thmgs,  and  not  added  to 
them  externally  as  in  the  esse  just  mentioned. 
Every  accessio  of  this  kind  belongs  to  the  owner 
of  the  principal  thing :  the  produce  of  a  beast,  the 
pndttce  of  a  field,  and  of  a  tree  belongs  to  the 
owner.  In  some  cases  one  man  may  have  a  right 
to  the  produce  (finictas)  of  a  thing,  though  the 
thmg  belongs  to  another.  [Usua  raucTV&j 

Ine  tenn  aeoessaones  was  also  applied  to  those 
who  were  soreties  or  bound  for  others  as  fidejussores. 
(])^4£.  titl.  il91.  :  Pachta,CbrMtdb-/aitfite. 
AwasM,  iL  p.  861 ;  I>ig.41.  tit  I  ;  Gairai,  ii.  73, 
dLc    CoNvusia)  [G.  L.] 

AGCLAMATIO  was  the  pablic  expression  of 
aj^robation  or  disapprobation,  pleasure  or  dis- 
pleasure, Ac.  by  load  arrhunationa  On  many  oc- 
casions, there  appear  to  have  been  certain  forau  of 
acclamations  always  used  by  the  Bomaas  ;  as,  for 
instanoe,  at  marriages,  lo  Hymm,  HymmoM,  or 
Talataio  (explained  by  Lhr.  i  9.)  ;  at  triumphs,  lo 
tnmmpie,  Jo  iriMn^ka ;  at  the  conclusion  of  plays 
the  last  actor  called  oat  PUiudiU  to  the  spectaton ; 
orators  were  usually  praised  by  such  expresrions  as 
Beaettpraedare^BdU  ttJttUve^Ntm  poiMl  meUuty 
&c  (Cic.  De  Orat.  iii.  26.)  Under  the  empire 
the  name  of  aeelamalume$  was  given  to  the  pnuses 
and  flatteries  which  the  senate  bestowed  upon  the 
emperor  and  his  family.  These  acdamationes, 
which  are  frequently  quoted  by  the  Scnplon$  HU- 
torias  AvgudaSj  vrere  often  of  considerable  length, 
and  seem  to  have  been  chanted  by  the  whole  body 
of  senators.  There  were  regular  aodamatUmeM 
shouted  by  the  people,  of  which  one  of  the  most 
common  was  DU  ie  servmL  (Capitol  Mamim,  cfao, 
16,  26,  Gordian,  tm,  11 ;  Lamprid.  Alett,  Setm. 
6—12 ;  Vopisc  7b&  4,  5,  7,  Prob,  11.)  Other 
instances  of  aeekunaiiones  are  given  by  Fenarius, 
De  VetermmAocla$iuUi<mibtuetPlau9Uy  inGraerius, 
TWtMir.  Rom,  Antiq.  vol  vi. 

ACCUBA'TIO,  the  act  of  zeeliniag  at  meab. 

[COBNA.] 

ACCU'BITA,  the  name  of  couches  which  werb 
used  in  the  time  of  the  Ronum  emperors,  instead 
of  the  triclinium,for  reclining  upon  at  meals.  The 
mattresses  and  foather-beds  were  softer  and  higher, 
and  the  supports  (Jkbra)  of  them  lower  m  pro- 
portion,  than  in  the  tridmium.  The  clothes  and 
pillows  spread  over  them  were  called  aeeuMalaa, 
(Lamprid.  HtUoff.  19,  25  ;  SchoL  ad  Jut.  Sat.  v. 
17.)  [J.Y.] 

ACCUSA'TIO.    [Judex.] 

ACERRA  (Xi8av«rfMs),  the  incense  box  used 
in  sacrifices.  (Hor.  Oarm,  iii.  6.  2  ;  Virg.  Aen.  v. 
745.)  The  inoense  was  taken  out  of  the  acerra 
and  let  foil  upon  the  burning  altar :  hence,  we  have 
the  expression  ds  atarra  libare.  (Ov.  se  Pont  iv. 
a  39 ;  Pen.  iL  6.)  [Totubulum.]  The  acerra 
represented  briow  is  taken  from  a  tas-relief  in  the 
museum  of  the  CapitoL 

The  acerra  was  also,  according  to  Festns  («.  «.\ 
a  F«^^  altai^  placed  before  the  dead,  on  which 
B  2 


ACHAICUM  FOEDtTS. 


^^Jt^ 


perfumes  were  buint.  There  was  a  law  in  the 
Twelve  Tables,  which  restricted  the  use  of  aoerrae 
at  funemls.     (Cia  <ULeg.u,  24)  [J.  Y.] 

ACETABULUM  {^is,  Al^o^ir,  i^ved^tov), 
a  vinegar-cap,  which,  from  the  fondness  <^  the 
Greeks  and  Romans  for  vinegar,  was  probably 
always  placed  on  the  table  at  meals  to  dip  the  food 
in  before  eating  it  The  vessel  was  wide  and 
open  above,  as  we  see  in  the  annexed  cat,  tsken 
from  Panof  ka^i  work  on  Greek  vases ;  and  the 
name  was  also  given  to  all  cups  resembling  it  in 
size  and  form,  to  whatever  use  they  might  be  ap- 
plied. They  were  commonly  of  earthenware,  but 
sometimes  of  silver,  bronse,  or  gold.  (Aristoph. 
jiv.  361  ;  Athen.  vl  p.  230,  zi  p.  494  ;  QuintiL 
viiL  6.)  The  cups  used  by  jugglers  in  their  per- 
formances were  also  called  by  this  name.  (Sen. 
iS^.46.) 


ACETA'BULUM,  a  Roman  measure  of  capa- 
city, fluid  and  dry,  equivalent  to  the  Greek  6^6€aifoy. 
It  was  one-fourth  of  the  hemina;  and  UierdTore 
one-eighth  of  the  seztarius.  It  contained  the 
weight  in  water  of  fifteen  Attic  drachmae.  (Plin. 
H.  M  xxi.  34.  s.  109.)  [P.  S.] 

ACHAICUM  FOEDUS,  the  Achaean  league. 
In  treating  of  the  Achaean  leeffue  we  most  dis- 
tingnish  Iwtween  two  periods,  ue  earlier  and  the 
later ;  the  character  of  the  former  was  pre-eminently 
religious,  and  that  of  the  latter  pre-eminently  po- 
litical 

1.  T%e  earlier  period,-^ When,  the  Heradeidae 
took  possession  of  Peloponnesus,  which  had  until 
then  been  chiefly  inhabited  by  Achaeans,  a  portion 
of  the  latter,  under  Tisamenus,  turned  northwards 
and  occupied  the  north  coast  of  Peloponnesus,  which 
was  called  ouyiaX^f,  and  from  which  the  lonians, 
its  former  inhabitants,  were  expelled  and  sought 
refoge  in  Attica.  The  country  which  was  thus 
occupied  by  the  Achaeans  and  derived  frcsm  them 
its  name  of  Achaia,  contained  twelve  confederate 
towns,  which  were  governed  by  the  descendants  of 


ACHAICUM  FOEDUS. 

Tisamenus,  till  at  length  they  abolished  the  Idngiy 
rule  after  the  death  of  Ogyges,  and  established  a 
democracy.  In  the  time  <^  Herodotus  (I  143  ; 
comp.  Stnib.  viil  p.  383,  &c.)  the  twelve  towns  af 
which  the  league  consisted  were :  Pellene,  Aegeira, 
A^gae,  Buia,  Helioe^  Aegium,  Rhypes  (Rhypae>9 
Patreis  (ae),  Phareis  (ae),  Olenus,  Dyme,  aod 
Tritaeeis  (Tntaen),  After  the  time  of  HeroiotuB, 
Rhypes  and  Aegae  disappear  from  the  number  of 
the  confederated  towns,  as  they  had  become  de- 
serted (Pans.  viL  23.  25 ;  Strab.  viii.  p.  387),  and 
Ceryneia  and  Leontium  stepped  into  their  place. 
(Polyb.  iL  41  ;  comp.  Pans.  viL  6.)  The  common 
place  of  meeting  was  Helice,  which  town,  together 
widi  Bura,  was  swallowed  up  by  the  sea  during 
an  earthqmike  in  &  c.  373,  whereupon  A^nm  was 
chosen  as  the  place  of  meeting  for  Uie  confederates. 
(Strab.  viiL  p.  384 ;  Died.  xv.  48 ;  Pans.  viL  24.) 
The  bond  which  united  the  towns  of  the  league 
was  not  BO  much  a  political  as  a  religious  one,  as  is 
shown  by  the  common  sacrifice  offered  at  Helice  to 
Poseidon.  This  solemn  sacrifice  was  perfectlj- 
aoalqgous  to  that  offered  by  the  lonians  at  the 
Panionia,  and  it  is  even  intimated  by  Herodotus 
that  it  was  an  imitation  of  the  Ionian  solemnity. 
After  the  destruction  of  Helice,  and  when  Aegium 
had  become  the  central  point  of  the  league,  the  corn* 
mon  sacrifice  was  oflfered  up  to  the  principal  divini- 
ties of  the  latter  town  ;  that  is,  to  Zeus,  sunamed 
Homagyrius,  and  to  Demeter  Panachaea.  (Pans, 
vii  24.)  In  a  political  point  of  view  the  connec- 
tion between  the  several  towns  appears  to  have 
been  ver^  loose,  for  we  find  that  some  of  them 
acted  quite  independently  of  the  rest  (Thuc.  iL 
9.)  The  confederation  exercised  no  great  influence 
in  the  affairs  of  Greece  down  to  the  time  when  it 
was  broken  up  by  the  Macedonians.  The  Achaeans 
kept  aloof  fiN>m  Uie  restless  commotions  in  the  other 
parts  of  Greece,  and  their  honesty  and  uncerity 
were  recognised  by  the  circumstance  of  their  being 
appointed,  after  the  battle  of  Leuctia,  to  arbitrate 
between  the  Thebans  and  Lacedaemonians.  (Po- 
lyb. iL  39.)  Demetrius,  Cassander  and  Antigonus 
Gonatas  placed  garrisons  in  some  of  their  towns, 
and  in  others  tyrants  rose  supported  by  Macedonian 
influence.  The  towns  were  thus  torn  fiN>m  one 
another,  and  the  whole  confederacy  destroyed. 

2.  T%0  later  period.  —  When  Antigonus  m  b.  a 
281  made  the  unsuccessful  attempt  to  deprive 
Ptolemaeus  Ceraunus  of  the  Macedonian  throne, 
the  Achaeans  availed  themselves  of  the  opportunity 
of  shaking  off  the  Macedonian  yoke,  and  renewing 
their  ancient  confederation.  The  grand  object  how- 
ever now  was  no  longer  a  conunon  worship,  but  a 
real  political  union  among  the  confederates.  The 
towns  which  first  shook  off  the  yoke  of  the  op- 
pressors, were  Dyme  and  Patrae,  and  the  alliance 
concluded  between  them  was  speedily  joined  by  the 
towns  of  Tritaea  and  Pharae.  (Polyb.  iL  41.)  One 
town  afier  another  now  expelled  the  Macedonian 
garrisons  and  tyrants ;  and  when,  in  &  a  277, 
A^um,  the  head  of  the  earlier  league,  followed 
the  example  of  the  other  towns,  the  foundation  of 
the  new  confederacy  was  laid,  and  the  main  prin- 
ciples of  its  constitution  were  settled,  though  after- 
wards many  changes  and  modifications  were  intro- 
duced. The  fundamental  laws  were,  that  hence- 
forth the  confederacy  should  form  one  inseparable 
state,  that  each  town,  which  should  join  it,  should 
have  equal  rights  with  the  others,  and  that  all 
memben,  in  regard  to  fof&ga  countries,  should  be 


AGHAICUM  FOEDUS. 

Rg*''^^  *■  d^wndcnt^aoid  bound  to  obey  in  ererj 
reject  iht  fedccal  govenunent,  and  thoM  officen 
who  were  entRHied  with  the  exeeatire.  (Poijb. 
11.37,  &cl)  No  town  therefore  was  allowed  to 
tneait  with  any  tonaga  power  withoat  the  fanctum 
9£  the  otbenL  Aegivm^  for  rriigious  naaoiUi  waa 
at  fin*  appointed  the  oential  point  of  the  leagoe, 
aad  irtainrd  tha  distiactian  ^^  the  tiww*  of  Phi- 
kpocnea,  who  canied  m  decree  that  the  meetii^ 
nght  he  hdd  in  any  of  the  towns  of  the  eon- 
fedoacy.  (Lir.  xzzriiL  30.)  Acginm  therdbre 
«■•  the  Beat  of  the  goreniment»  and  it  waa  there 
that  the  ritiwma  of  the  Tarioua  towna  met  at  rqpihg 
aai  itafeed  timea,  to  d^beiate  upon  the  common 
aj&Di  ef  the  leagaey  and  if  it  waa  thoqght  necea- 
avj,  upon  thooe  of  aepante  towna,  and  eren  upon 
mdiri^adj,  and  to  dect  the  officen  of  the  leaga& 
After  faa:Tiiig  thna  eatabliahed  a  fiim  anion  among 
theaiaetrea^  they  aealoDaly  exerted  themaelTes  in 
delivering  other  towna  alao  fitnn  their  tjianta  and 
oppRaaaca.  The  kagoe,  however,  acquired  ita 
great  atEt^gth  in  b.  c.  251,  when  Aratna  nnited 
Sicyon,  h»  aatrre  place,  with  it,  and  aome  yean 
laterooned  Corinth  alao  for  it  Megara,  Traesene, 
and  I^idanraaaooaildUowed  their  exam;^  Afler- 
waida  Antos  pewoaded  all  the  more  important 
towna  of  PelopoiBDena  to  join  the  confederacy,  and 
tea  Megahipolia,  Aigoa^  Heimione,  Phlina,  and 
othea  woe  addeil  to  it  In  a  abort  period  the 
leagoe  readied  the  height  of  ita  power,  for  it  em* 
bnioed  Athena,  M^gan,  Aegina,  Safaunia,  and  the 
whole  of  Pehjpan&eana,  with  the  exception  of 
Sparta,  His,  Tegea,  Orehomenoa,  and  Mantineia. 
Oceece  aeened  to  reriTes,  and  promiaed  to  become 
and  more  muted  than  ever,  bat  it  aoon 
r  that  ita  freah  power  waa  only  employed 
in  aelf-dealmction  and  annihilation.  INit  it  wmild 
be  foreign  to  the  object  of  thia  wofk  to  enter  fur- 
ther into  the  kittory  of  the  confederacy :  we  muat 
coafoie  oondTea  to  an  oatline  of  ita  conatitation, 
aa  it  existed  at  the  time  of  ita  highest  prosperity. 

Polybios  (iL  38)  remarks  that  there  was  no 
ether  conatitntion  in  the  world,  in  which  all  the 
moabea  of  the  cammaiii^  had  aoch  a  perfect 
e^nlitj'  of  righta,  and  ao  much  liberty,  and,  in 
short,  whidi  waa  ao  perfectly  democratical  and  ao 
free  fiom  all  adfiah  and  exdaaiTe  regnlatioDa,  aa 
the  Achaean  leme ;  for  aO  memben  had  eqnal 
r^^itB,  whether  Uiey  had  belonged  to  it  for  many 
yeai^  or  whetha  they  had  only  jnat  joined  it,  and 
whether  th^  were  hzge  or  amall  towna.  The 
coBiaMm  afiun  of  the  comfedesate  towns  were  regu> 
lated  at  general  meetings  attended  by  the  citiaens 
of  all  the  towns,  and  held  r^galariy  twice  erery 
year,  in  the  spring  and  in  the  aatomiL  These 
meetings  which  h^ed  three  days,  were  hdd  in  a 
giore  of  Zens  Homagyrius  in  the  neighboiirhood  of 
Aq;iam,andnear  aametoary  of  Demeter  Panachaea. 
(Pdyb.  iL  54^  ir.  37,  t.  I,  xxiz.  9;  lAr,  xxxiL  22, 
xcmii  32 ;  StaKriiL  p^  385 ;  Paos.  rii  24.)  In 
casca  of  mgent  neeesrity,  howerer,  extnordinary 
meetings  nught  be  conTened,  dther  at  Aeginm  or 
in  sny  other  of  the  confederate  places.  (Lir.  ttti. 
25;  Pdyb.  xxr.  1,  xnx.  8 ;  Pint  Arai.  41.) 
Erery  dttsen,  both  rich  and  poor,  who  had  at- 
tained the  age  of  thirty,  might  attend  the  assem- 
blies, ^leak  and  pnpoee  any  measure,  to  which 
they  were  imrited  by  a  public  herdd.  (Polyb. 
xrix.  9 ;  Lit.  xxxiL  20.)  Under  these  circum- 
ttaacea  the  aaaemblies  were  sometimes  of  the  most 
» kind,  and  a  wise  and  experienced  man 


ACHAICUM  FOEDUS.  5 

might  find  it  difficult  to  gain  a  heariiw  amoi^  the 
crowds  of  ignorant  and  foolish  peopte.  (Pdyb. 
xxxriik  4.)  It  is,  howerer,  natuid  to  suppose  that 
the  ordinaiy  meetings,  unless  matten  of  tptdtd 
importance  were  to  be  discnaswl,  were  attended 
chiefly  by  the  wedthicr  daaaea,  who  had  the  meaaa 
of  paying  the  expenses  of  their  journey,  for  great 
numben  lired  at  a  eonsideimble  distance  from  the 
pboe  of  meetiBg. 

The  anbjecU  which  were  to  be  braqght  before 
the  aaaembly  were  prepared  by  a  council  (fiouki)^ 
which  aeema  to  have  been  permanent  (Pdylk 
xxul  7,  xxriiL  3,  xxix.  9 ;  Plut  AraL  53.)  The 
prindpal  aubjecU  on  which  the  great  aaaembly  had 
to  dedde  were — peace  and  war  (Pdyb.  iv.  15, 
Ac)  ;  the  reception  of  new  towns  into  the  con* 
federacy  (Pdyb.  xxr.  1)  ;  the  dection  of  the  ma- 
gistratea  of  the  confederecy  (Pdyb.  ir,  37.  82 ; 
Pint  AraL  41)  ;  the  poniahment  of  crimea  com- 
mitted by  theae  magistmtes,  thoogh  sometimes 
spedd  judges  were  ^ipointed  toe  that  purpeae,  aa 
wdl  aa  the  hononn  or  diatinctiona  to  be  conferTCd 
upon  them.  (Pdyb.  ir.  14,  riiL  14,  xL  5.  8 ;  Paua. 
rii.  9.)  The  ambaaaadon  of  figre^n  nationa  had 
to  appear  before  the  aaaembly,  and  to  ddiver  the 
meaaagea  of  their  states,  which  were  then  discussed 
by  the  assembled  Achaeans.  (Pdyb.  rr.  7,  xxiii. 
7,  A&,  xzriii  7 ;  Liv.  xxxiL  9.)  The  aaaembly 
likewiae  had  it  m  ita  power  to  decree,  aa  to  whe- 
ther negotiations  were  to  be  carried  on  with  any 
foreign  power  or  not,  and  no  siq^le  town  was  af* 
lowed  to  send  embasnes  to  a  foreign  power  on  iu 
own  respflBsibility  eren  on  matten  of  merely  locd 
importance,  dthough  otherwise  erery  separate  town 
managed  ita  own  internd  afbin  at  ita  own  dia- 
cretion,  ao  long  aa  it  did  not  interfere  with  the 
interesta  of  the  leagucu  No  town  further  waa  d- 
lowed  to  accept  preaenta  from  a  foreign  power. 
(Pdyb.  xxiii.  8  ;  Psna.  rii  9.)  The  Totea  in  the 
aaaembly  were  giyen  according  to  towns,  each  bar- 
ing  one  rote,  whether  the  town  waa  huge  or  amalL 
(Liv.  xxxil  22,  &c) 

The  prindpal  oflken  of  the  confederacy  were : 
1.  at  first  two  stiategi  (oTpcmryoO,  but  after  the 
year  b.  c  255,  there  waa  only  one  (Strab.  riii. 
pu  385),  who  in  conjunction  with  an  hipparehua 
(hnnpxot)  or  commander  of  the  cavaby  (Pdyb. 
T.  95,  xxriii.  6)  and  an  under-atrategus  (fo'eorpo- 
nryrff,  Polyb»  It.  59)  commanded  the  army  for- 
nished  by  Uie  confederacy,  and  was  entnisted  with 
the  whole  conduct  of  war ;  2.  a  public  secretary 
(ypafAfutr€is\  and  3.  ten  demiuigi  (hifAtavpyol^ 
Strab.  L  e, ;  Lir.  xxxil  22,  xxxriii.  30 ;  Polyb.  ▼. 
1,  xxiii.  10,  who  calls  the  demiuigi  i^orrts). 
These  officen  aecm  to  have  presided  in  the  great 
assembly,  where  they  probably  farmed  the  body  of 
men  which  Pdybiua  (xxxviii  5)  calls  the  Tcpovoia; 
the  demiuigi  or  the  strategus  might  convene  the 
aaaembly,  though  the  latter  only  when  the  people 
were  oouTened  in  arma  and  for  military  pozpoaetk 
(Pdyb.  ir.  7 ;  Liy.  xxxr.  25.)  All  the  officen  of 
the  league  were  elected  in  the  aaaembly  held  in 
the  qyring,  at  the  rising  of  the  Pleiadea  (Polyb.  ii 
43,  ir.  6.  37,  ▼.  1),  and  legally  they  were  inveated 
with  their  acTenl  officea  cmly  for  one  year,  though 
it  frequently  h^qiened  that  men  of  great  merit  and 
distinction  were  re-dected  for  aereral  succeadre 
yeara.  (Pint  Arai.  24.  30,  Oeom,  15.)  If  one  of 
the  officen  died  during  the  period  of  hia  office,  his 
place  waa  filled  by  hu  predecessor,  until  the  time 
for  the  new  dections  amyed.  (Pdybi  xL  2.)  The 
B  3 


6  ACINACES. 

dose  xnaaa  existing  among  the  confederate  towns 
was,  according  to  Poljbius  (iL  37),  strengthened 
by  their  adopting  common  weights,  measures,  and 
coins. 

But  the  perpetual  discord  of  the  members  of  the 
league,  the  hostility  of  Sparta,  the  intrigues  of  the 
Romans,  and  the  folly  and  rashness  of  the  later 
strategi,  brought  about  not  only  the  destruction  and 
dissolution  of  the  confederacy,  but  of  the  fineedom 
of  all  Greece,  which  with  the  £b11  of  Corinth,  in 
&  c.  146,  became  a  Roman  province  under  the 
name  of  Achaia.  (Comp.  Schom,  0^«sqI.  (Trieo&os- 
lands  von  (Ur  EmtOehuHg  ds9  AetoL  u,  AchiU$ek 
Bundes,  especially  pp.  49,  &c  60,  &c ;  A.  Matthiae^ 
VeroMchie  SdmflU^  p.  239,  &c. ;  Drumann,  Idem 
zur€hsch,des  Ver/ails  der  Cfrieek.  Staaten,  ^  447  ; 
Tittmann,  Cfrieeh,  Staatsvmfasa.  p.  673,  &c. ;  K.  F. 
Hermann,  Griech.  StaattaUerth.  §  185.)     [L.  S.] 

ACHANE  CAx<^)>  &  Persian  and  Boeotian 
measure,  equivalent  to  45  Attic  medimnL  (Aris- 
tot  ap,  SchoL  ad  ^mfopA.  Aoharn,  108, 109 ;  Suid. 
s.  V.)  According  to  Hesychius  a  Boeotian  &x^ 
was  equal  to  one  Attic  medimnus.  [P.  S.] 

A'CIES.    [ExEBOTua] 

ACI'NACES  (Aicu'dUciif),  a  Persian  sword, 
whence  Horace  (Oarm.  i  27.  5)  speaks  of  the 
Mechu  acmacet.  It  was  a  short  and  straight  wea- 
pon, and  thus  differed  fiom  the  Roman  tiea,  which 
was  curved.  (Pollux,  i.  138  ;  Joseph.  AwL  Jud, 
XX.  7.  §  10.  [Sku.]  It  was  worn  on  the  right 
side  of  the  body  (insignis  acimaee  <iscfro,  VaL  Place 
Argon,  vi  701),  whereas  the  Greeks  and  Romans 
usually  had  their  swords  suspended  on  the  left  side. 

The  form  of  the  acinaces,  with  the  method  of 
using  it,  is  illustrated  by  the  following  Persepolitan 
figures.  In  all  the  bas-reliefs  found  at  Persepolis, 
the  acinaces  is  invariably  straight,  and  is  com* 
monly  suspended  over  the  right  thigh,  never  over 
the  left,  but  sometimes  in  front  of  the  body.  The 
form  of  the  acinaces  is  also  seen  in  the  statues  of 
the  god  Mithras,  one  of  which  is  figured  in  the  cut 
on  the  title-page  of  this  work. 


A  golden  acinaces  was  fjtM]ucntly  worn  by  the 
Persian  nobility,  and  it  was  often  given  to  indi- 
viduals by  the  kings  of  Persia  as  a  mark  of  honour. 
(Herod,  viil  120 ;  Xen.  Anab.  i  2.  §  27,  a  §  29.) 

The  acinaces  was  also  used  by  Uie  GsspiL 
(Herod,  vii.  67.)  It  was  an  object  of  religious 
worship  among  the  Scythians  and  many  of  the 
northern  nations  of  Europe.  (Herod,  iv.  62  ;  Comp. 
Mela,  ii.  1 ;  A  mm.  Marc,  xxxi  2.)         [J.  Y.] 


ACROTERIUM. 

ACI'SCULUa    [Ascii-] 

ACLIS.    [Hasta.] 

ACNA  or  ACNUA  (also  spdt  agna  and  agm^aT) 
was,  according  to  Varro,  the  Italian  name,  and. 
according  to  Columella,  the  common  Baetican  nsune 
of  the  actus  quadratns.  [Actus.]  An  old  writer, 
quoted  by  Salmasius,  says  ''agnua  habet  pedes 
xim.  ccoc,**  i. «.  14,400  square  feet  The  name  is 
almost  certainly  connected  with  the  Greek  innu^m^ 
though  the  measure  is  different  (Varm,  R,  H* 
i  10.  §  2  ;  Cohmu  R.  R,  r.  2.  §  5  ;  Schneider, 
Comm^mL  ad  IL  eo,  ;  Salmasius,  ad  SoUsu  p. 
481.)  [P.  S.] 

ACO'NTION  (Aicrfrruw).    [Hasta.] 

ACRATISMA  {iucpiruriui),    [Cokna.] 

ACROA'MA  (dicpdi^ui),  any  thing  heard,  and 
especially  any  thin^  heard  with  pleasure,  signified 
a  play  <or  musical  piece ;  hence  a  concert  of  ^yers 
on  different  musical  instruments,  and  also  an  inter- 
lude, called  emboUa  by  Cicero  {pro  SeaeL  54),  which 
was  performed  during  the  exhioition  of  the  public 
games.  The  word  is  also  applied  to  the  actors  and 
musicians  who  were  empl<nred  to  amuse  guests 
during  an  entertainment  (Cic.  Fsrr.  iv.  22 ;  prt» 
Arch.  9 ;  Suet  Oelan.  74 ;  Macrob.  SaL  iL  4) ;  and 
it  is  sometimes  used  to  designate  the  anagmottae. 
[Anaonostab.] 

ACROLITHI  (Aicp^\i0oi),  statues,  of  which  the 
extremities  (fooe,  feet,  and  hands,  or  toes  and 
fingers)  only  were  of  marble,  and  the  remaining- 
part  of  the  body  of  wood  either  gilt,  or,  what  seems 
to  have  been  more  usual,  covered  with  drapery.  The 
word  occurs  only  in  the  Greek  Anthology  (Brunck, 
Awd,  vol.  iii.  p.  155,  No.  20  ;  Amtk,  PaL  xii. 
40),  and  in  Vitruvius  (iL  8.  §  11)  ;  but  statues  of 
the  kind  are  frequently  mentioned  by  Pausanias 
(iL  4.  §  1,  vL  25.  §  4,  viL  21.  §§  4  or  10,  viL  23. 
§  5,  viiL  25.  §  4  or  6,  viiL  31.  §  1  or  2,  and  §  3 
or  6,  ix.  4.  §  1.)  It  is  a  mistake  to  suppose  that 
all  die  statues  of  this  kind  belonged  to  an  eariier 
period.  They  continued  to  be  made  at  least  down 
to  the  time  of  Praxiteles.  (Comp.  Jacobs,  Com- 
meat  in  AntiL  Grato,^  voL  iiL  Pt  1.  p.  298  ;  and 
Winckelmann,  G^soiUoto  dsr  Kmut^  B.  L  c.  2. 
§13.)  [P.  a] 

ACRO'POLIS  {hatpiwoKis).  In  almost  all 
Greek  cities,  which  were  usually  built  upon  a  hill, 
rock,  or  some  natural  elevation,  there  was  a  kind  of 
tower,  a  castle,  or  a  citadel,  built  upon  the  highest 
part  of  the  rock  or  hill,  to  whicn  the  name  of 
acropolit  was  given.  Thus  we  read  of  an  acropolis 
at  Athens,  Corinth,  Argos,  Messene,  and  many 
other  places.  The  Capitolium  at  Rome  answered 
the  same  purpose  as  the  Acropolis  in  the  Greek 
cities ;  and  of  the  same  kind  were  the  tower  of 
Agathocles  at  Utica  (App.  Pun,  14),  and  that  of 
Antonia  at  Jerusalem.  (Joseph.  B,  c/.  v.  §  8, 
Act  ApoBtol.  xxL  34.)  At  Athens,  the  Acropolis 
served  as  the  treasury,  and  as  the  names  of  all 
public  debtors  were  registered  there,  the  expression 
of  **  registered  upon  the  Acropolis  **  {iyyeypofu- 
fUtfos  ip  *AKpoiw6\ti)  always  means  a  public  disbtor 
(iy  iucpovSkti  ytypofifiipot^  Dem.  c  TXaocr.  p. 
1337.  24  ;  BOckh.  PvbL  Eeon.  t/ AAmu,  p.  888, 
2nd  edit). 

ACROSTCVLIUM  {iKpoirr6?aop),    [Navm.] 

ACROTE'RIUM  (iucpitHiptop)  signifies  an  ex- 
tremity of  any  thing.  It  is  generally  used  in  the 
pluraL 

1.  In  Architecture  it  seems  to  have  been  used 
originally  in  the  same  sense  as  the  Latin /isfi^MMii, 


ACTA. 

iMWifTy,  kt  the  ibping  imf  of  a  building,  and  mare 
pactieBkrij  liar  the  onaHiMnttd  front  or  gable  of  such 
a  IDO^  that  n,A0jpedimmL  (Pint  Casa.  63,  com- 
pared vith  CSc.  na^  ii.  43»  and  Snet  Oaet.  81.) 
Tha  nnal  ifaniiy  of  oeroferMs  however,  ia  the 
prdntale  placed  en  the  eoouut  of  a  pedimeat  to 
reesTe  itataei  er  other  flnuunental  figuiee.  There 
vfR  three  acroteria,  one  above  ea^  aai^  of  the 
pwftnfiit  VltnTiiiaeaji  that  thoee  over  the  outer 
n^  {aanoL  onpufarw)  thould  be  aa  high  ae  the 
wfa  of  the  ^ympannm,  and  the  one  over  the  high- 
ol  aogle  one-eighth  part  h%her.  (Vitnir,  iil  3, 
«£.&.$  12,  ed.  Sdmader.)  Some  writers  in- 
ckde  the  etatoea  themaelYea  aa  well  aa  the  baaea 
inder  the  name  ;  but  the  only  anthoritj  for  thia 
wot  to  be  an  emr  of  Sahoaaiiia.  (/a  AeL  Spart 
F^nm.  N^  12.)  2.  The  extremitiea  of  the  prow 
of  a  Tcaiel,  whidi  were  uanally  taken  from  a  oon- 
qoendTeaad  aa  a  maik  of  victory :  the  act  of  doing 
M«aacnnedi«|wng|N(£Ccir.  (Xen.  J/fOL  ii  3.  §  8, 
vi  2.  S  36  ;  Herod,  iil  69,  viii  121.)  8.  The  ez- 
traaitieaof  aatatae,wiq0^feet,haiida,&c.  (Dem. 
cJlmoer.  ^  738  ;  Athen.  v.  p.  199,  e.)  £P.  S.] 

ACrr A  L  Signified  the  pablic  acta  and  orderi 
ef  a  Roonn  magiaCnte,  whidi  after  the  expiration 
•f  hia  eflke  w«re  anbmitted  to  the  aenate  for  ap- 
proval or  xejectian.  (Snet.  does.  19,  23 ;  CicL 
FML  L  7,  Ac)  After  the  death  of  Juliua  Caeear 
the  triamviia  awoce,  and  compelled  all  the  other 
sagiatniea  to  awear,  to  obaei^  and  maintain  all 
hiaaeta  (m  octo  jarar«,oonp.  Tac  Aim.  L  72  ]  Suet 
Jlii  (7)  ;  and  hence  it  became  the  eoatom  on  the 
afwuian  of  each  emperor  for  the  new  mooareh  to 
svcor  to  obaerve  and  reraect  all  the  acta  of  hia 
predeeeaacra  from  Jniioa  Caeaar  downwarda,  with 
tbe  exeeptiaa  of  tboae  who  had  been  branded  with 
infrmy  after  death,  anch  aa  Nero  and  Domitian. 
Evoy  year  all  the  magiatratea  upon  enteiing  anon 
their  office  on  the  let  df  January  awore  uqxoval  of 
tkeactaof  the  reigning  emperor:  thia  oath  waa  orir 
ginaDy  taken  by  one  magiatnte  in  each  department 
on  b^alf  of  hia  colkegnea,  but  aobaequently  it  waa 
the  aiaal  pEactice  for  each  mi^iiatrote  to  take  the 
eath  penmmlly.  (Dum  Oaaa.  zlvil  18,  liil  28 ; 
Tac  Jsa.  zvi.  22,  with  the  JBzcunua  of  Idpaiua  ; 
Dion  Ca«.  Iviii  17,  Iz.  25.) 

2.  Acta  Foexnsu.  were  of  two  kinda :  firat, 
Ihoae  relating  to  the  government,  aa  legea,  pl»- 
biacita,edicta,  the  namea  of  all  the  magiatratea,  Ac, 
which  foamed  pact  of  the  tabulat  jmUietmj  and 
aeoondly,  thoae  connected  with  the  coorta  of  law. 
The  acta  of  the  latter  kind  contained  an  acconnt 
of  the  different  auita,  with  the  argnmenta  of  the 
adrocatea  and  the  deciaiona  of  the  oonrt  In  the 
tine  of  the  republic  the  namea  of  thoae  who  were 
acquittod  and  condemned  were  entered  on  the 
reeeida  of  the  court  (m  kMat  ab$olatitm  mm 
mttUt,  Gc  mdFni.ym.  8.  §.  8),  and  it  appeara 
from  the  qnotationa  of  Aaoonina  from  theae  Acta, 
that  they  nmat  have  contained  abatracta  of  the 
tpewhra  of  the  advocatea  aa  early  aa  the  time  of 
Ciaeaa,  (/•  Semriam,  ^  19,  an  MUoman,  pp^  32, 
44, 47,  ed.  OreUi)  Under  the  empire  the  pro- 
eeediqpef  the  higher  conita  aeem  to  have  been  al- 
vajB  preaenned,and  they  are  frequently  xeferred  to 
mtheDigeat  They  are  aometimea  called  6^«to  ; 
and  thejr  ooouneneed  with  the  namea  of  the  conaula 
far  tbe  year,  and  the  day  of  the  month.  (Amm. 
Mare;  zsii.  3 ;  Anguat  Acta  e.  Fortm,  Mamek 
HefneL  i.  16 ;  Cod.  Theod.  2.  tit.  29.  n  3.)  Spe- 
onanaof  theae  Acta  are  given  by  Briaaoniua.  (/>e 


ACTA,  7 

FutmmUay  v.  §  1 13.)  They  were  taken  by  cleika 
(a6  adU  fiirt)^  whoee  titlea  and  dntiea  occur  in 
Lydua  (efo  Magittr,  ii  20,  A&)  and  the  A^o^i^ 

8.  Acta  Militabia,  contained  an  account  of 
the  dntiea,  numbera,  and  ezpenoea  of  each  legion 
(VegdL  iL  19),  and  were  probably  preaerved  in 
the  military  treaauiy  founded  by  Auguatua  (Suet^ 
Avg.  i9 ;  Ta&  Amu  i  78 ;  Dion  Caaa.  Iv.  25.) 
The  acldiera,  who  drew  up  theae  acta,  are  fre- 
quently mentioned  in  inacriptiona  and  ancient  wrU 
teca  under  varioua  titlea,  aa,  Ubraruu  legiam$;  ae- 
btaruu  or  aetairim  legkmiss  iaimlarimt  oattrmsu^ 

4.  Acta  Sbmatus,  called  alao  Commbntarii 
Senatus  (Tac.  Am$.  xv.  74)  and  Acta  Path  cm 
(Amt.  V.  4),  contained  an  account  of  the  varioua 
mattera  brought  before  the  aenate,  the  opiniona  of 
the  chief  apeaker^  and  the  deciaion  of  the  honae. 
It  haa  beoEi  uaually  inferred  from  a  paaaage  of 
Suetoniua  (^  Inito  honore  prixnua  omnium  inatituit, 
ut  tarn  aenatua  quam  p<^>ub  diuma  acta  conficeren- 
tor  et  publicarentur,^  Caet,  20),  that  the  pro- 
ceedinga  of  the  aenato  were  not  published  till  the 
firat  oonaulahip  of  Juliua  Caeaar,  b.  c.  59  ;  but  thi:i 
waa  not  atrictiy  the  caae ;  for  not  only  had  the  do- 
creea  of  the  aenate  been  written  down  and  pub- 
liahed  long  previooaly,  but  the  debatea  on  the 
Gatilinarian  oonapiiacy  had  been  widely  circulated 
by  Cicero  (p.  SfUL  14,  15.)  All  that  Suetoniua 
meana  to  aay  ia,  that  the  prooeedinga  of  the  aenate, 
which  had  been  only  oocaaionally  published  before 
and  by  private  individuala,  were  for  the  first  time, 
by  the  command  of  Caeaar,  publiahed  r^gukriy 
every  day  (iomiusacta  dkima)  under  the  authority 
of  government  aa  port  of  the  daily  gazette.  Auguatua 
forbade  the  publication  of  the  proceedinga  of  the 
aenate,  but  they  atill  continued  to  be  preaerved, 
and  one  of  the  moat  diatii^guisked  senators,  who  re- 
ceived the  title  ab  actU  asno^aa,  was  choaen  by  the 
emperor  to  compile  the  account  (Tac.  ^aa.  v.  4 ; 
Spart.  Hadr,  3;  Orelli,  Inter,  No.  2274,  3186.) 
The  peraona  entrusted  with  this  office  must  not  be 
confounded  with  the  various  clerks  (actuarii^  $ervi 
jmbUdj  $eribae,  ceH8ualea\  who  were  present  in  the 
aenate  to  take  notea  of  ita  proceedii^  and  who 
were  only  excluded  when  the  senate  passed  a 
aemMiutoomstUium  tacthrn^  that  is,  when  they  de- 
libemted  on  a  aubject  of  the  greatest  importance, 
reapecting  which  aecresy  waa  necessary  or  advisa- 
ble (Capit.  Chrd.  12.)  It  was  doubtless  from 
notea  and  papera  of  theae  derka  that  the  Acta  were 
compiled  by  the  aenator,  who  waa  entrusted  with 
thia  (office  The  Acta  were  depoaited  in  some  of 
the  record  offices  in  particular  departmente  of  the 
public  librariea,  to  which  accesa  could  only  be  ob- 
tained by  the  expreaa  permission  of  the  praefectos 
urbl  They  were  consulted  and  are  frequently  re- 
ferred to  by  the  bter  historians  (Vopisc.  Prob.  2 ; 
Lamprid.  Sever,  56 ;  CapitoL  OpiL  Afacr,  6),  and 
many  extracte  from  them  were  published  in  the 
Acta  Diuma.  Tacitus  and  Suetonius  never  refer 
to  the  Acta  Senatus  as  authorities,  but  only  to  the 
Acta  Diuxna, 

5.  Acta  Dxitrna,  a  gazette  published  daily  at 
Rome  by  the  authority  of  the  government  during 
the  later  times  of  the  republic,  and  under  the  em- 
pire, correaponding  in  aome  measure  to  our  news- 
papers. (Tac  Ami.  iil  3,  xiii.  31,  xvi  22.)  In 
addition  to  the  title  AeUi  DiunMy  we  find  them 
refetied  to  under  the  names  of  Diumoy  Acta  Pub- 

B  4 


s 


ACTA. 


UoOj  Ada  Urbanoj  Acta  Rerum  tTihanarwn^  Acta 
PopuUy  and  they  are  frequently  called  simply 
Acta,  The  Greek  writers  on  Roman  histonr  caU 
them  rh  ^ofurtiiuera,  t^  97ift6<ria  ttroftrffiaroj 
rik  9rifi6<ria  ypdftfAora  and  t^  Koiyft  twofiy^ifaara. 
The  nature  of  their  contents  will  be  best  seen  from 
the  followii^  passage  of  Petronins  (c  63)  where 
in  imitation  of  them  is  given  by  the  actnarius  of 
Trimalchio :  —  **  Actnarius  —  tamquam  acta  urbis 
recitayit :  yii  KaL  Sextilis  in  praedio  Cumano,  quod 
est  TrinuUchionis^  nati  sunt  pneri  xxx.,  puellae 
XL. ;  sublata  in  horreum  ex  area  tritid  millia  mo- 
dinm  quingenta;  bores  domiti  quingentl  Eodem 
die  Mithridates  serrus  in  crucem  actus  est,  quia 
Gaii  nostri  genio  maledixerat  Eodem  die  in  arcam 
relatum  est,  quod  coUocari  non  potuit,  sestertium 
centies.  Eodem  die  incendium  buBtxan  est  in  hortis 
Pompeianis,  ortum  ex  aedibus  Nastae  TillicL  Jam 
etiam  edicta  aedilium  redtabantur,  et  saltoariormn 
testamenta,  quibus  Trimalchio  cum  elogio  exhae- 
redabatur ;  jam  nomina  villicorum  et  repndiata  a 
circumitore  Uberta  in  balneatoris  contubernio  depre- 
hensa ;  atriensis  Baias  relegatos  ;  jam  reus  fiictus 
dispensator;  et  judicium  inter  cubicularios  actum.** 
From  this  passage,  and  fit>m  the  numerous'  passages 
in  andent  writers,  in  which  the  Acta  Diuma  toe 
quoted  (references  to  which  are  given  in  the  works 
of  Le  Clerc  and  LiberkUhn  dted  l^ow),  it  would  ap- 
pear that  they  usually  contained  the  following  mat* 
ters : — 1.  The  number  of  births  and  deaths  in  the 
city,  an  account  of  the  money  paid  into  the  treasury 
from  the  provinces,  and  every  thing  relating  to  the 
supply  of  com.  These  particuhuB  would  be  ex> 
txacted  from  the  tabulae  publicae.  By  an  ancient 
regulation,  ascribed  to  Servius  Tullius  (Dionys.  iv. 
15),  all  births  were  registered  in  the  temple  of 
Venus,  and  all  deaths  in  that  of  Libitina ;  and  we 
know  that  this  practice  was  continued  under  ^e 
empire,  only  that  at  a  later  time  the  temple  of 
Saturn  was  substituted  for  that  of  Venus  for  the 
registration  of  births.  (JuL  Cap.  M,  Aurd,  9.) 
2.  Extracts  from  the  Acta  Forensia,  containing  the 
edicts  of  magistrates,  the  testaments  of  distinguished 
men,  reports  of  trials,  with  the  names  of  those  who 
were  acquitted  and  condemned,  and  likewise  a  list 
of  the  magistrates  who  were  elected.  8.  Extracts 
from  the  acta  senatns,  especially  all  the  decrees  and 
acclamationes  [Aoclah atio]  in  honour  of  the 
reigning  emperor.  4.  A  court  circular^  containing 
an  account  of  the  births,  deaths,  festivals,  and 
movements  of  the  imperial  fimiily.  5.  An  account 
of  such  public  afiauRB  and  foreign  vrars  as  the 
government  thought  proper  to  publish.  6.  Curious 
and  interesting  occurrences,  sttch  as  prodigies  and 
miracles,  the  erection  of  new  edifices,  the  confla- 
gration of  buildings,  funerals,  sacrifices,  a  list  of 
the  various  games,  and  especially  amatory  tales  and 
adventures,  with  the  names  of  the  parties.  (Comp. 
Cic.  ad  Fam.  iL  15.)  The  fragments  of  some 
Acta  Diuma  have  been  published  by  Pighius  and 
Dodwcll,  but  their  genumeness  is  too  doubtful  to 
allow  us  to  make  use  of  them  as  authorities. 

It  is  certain  that  these  acta  were  published 
under  the  authority  of  the  ^vemment,  but  it  is 
not  stated  under  whose  supenntendence  they  were 
drawn  up.  It  is  probable,  however,  that  this  duty 
devolved  upon  the  magistrates,  who  had  the  care 
of  the  tabulae  publicae,  namely,  the  censon  under 
the  republic  (Liv.  iv.  8,  xliii  16),  and  sometimes 
the  quaestors,  sometimes  the  praefecti  aerarii  under 
the  empire.    (Tac  Aim,  xiil  28.)   By  a  rq[ulation 


ACTIA. 

of  Alexander  Severus,  seven  of  the  fourteen  cnrR-> 
tores  urbis,  whom  he  appointed,  had  to  be  present 
when  the  acta  were  drawn  upi  (Lam;»i<L  Alear^ 
Sev,  33.)  The  actual  task  of  compiling  them  vrmm 
committed  to  subordinate  officers,  <aUed  aetuarii  or 
aetarii,  who  were  assisted  by  various  derka,  and. 
by  reporten  (fUitaru)^  who  toAi  down  in  short-hand 
the  proceedings  in  the  courts,  &c.  After  the  act& 
had  been  drawn  up,  they  were  exposed  for  a  time 
in  some  public  place  in  the  dty,  where  persons 
could  read  them  and  take  copies  of  them.  Many- 
scribes,  whom  Cicero  speaks  of  under  the  name 
of  operarUj  made  it  their  business  to  copy  them 
or  make  extracts  fitn  them  for  the  use  of  the 
wealthy  in  Rome,  and  especially  in  the  provinces, 
where  they  were  eagerly  sought  after  and  exten- 
nvely  read.  (Ci&  ad  Fam.  viil  I,  xiil  8 ;  Tac. 
Amt.  xvi  22.)  After  the  acta  had  beoi  ex> 
posed  in  public  fisr  a  certain  time,  they  were  de- 
pouted,  like  the  Acta  Senatus^  in  some  of  the  re- 
cord  offioeSy  or  the  public  libraries. 

The  style  of  the  acta,  as  appears  from  the  {Mia- 
sage  in  Petronius,  was  very  simple  and  concise. 
They  contained  a  bare  enumeratim  of  focts  without 
any  attempt  at  ornament 

As  to  the  time  at  which  these  acta  were  first 
composed,  there  is  a  considerable  variety  of  opinion 
among  modem  writers.  It  is  maintained  that  the 
passage  of  Suetonius  (Cbss.  20),  quoted  abore, 
does  not  imply  that  the  acta  were  first  published 
in  the  first  consulship  of  Julius  Caesar,  and  that 
the  meaning  of  it  is,  **  that  he  first  ordained  that 
the  acta  diuma  of  the  senate  should  be  compiled 
and  published  just  as  (jtam  quam)  those  of  the 
people  had  been.^  But  although  this  interpreta- 
tion is  probably  the  correct  one,  still  there  is  no 
passage  in  the  ancient  writen  in  which  tiie  Acta 
Diuma  are  decisively  mentioned,  previoostoCaesar^a 
first  consulship;  for  the  diarium  referred  to  by 
Sempronius  Asdlio  (OelL  r.  18),  which  is  fre- 
quently brought  forward  as  a  proof  of  this  earlv  pub- 
lication, is  the  journal  of  a  pnvate  person.  There  is 
likewise  no  evidence  to  support  an  opinion  adopted 
by  many  modem  writen  that  the  publication  of 
the  acta  first  commenced  in  &  c  133  to  supply  the 
place  of  the  Annales  Maximi,  which  were  discon- 
tinued in  that  year  (Cic.  da  OraL  ii  12),  while 
on  the  contrary  the  great  difference  of  their  con- 
tents renden  it  improbable  that  such  was  the  case. 
The  Acta  Diuma  continued  in  use  to  the  downfoll 
of  the  westem  empire,  or  at  least  till  the  removal 
of  the  seat  of  government  to  Constantinople,  but 
they  were  never  published  at  the  latter  d^. 

(Lipsius,  Eaemmu  ad  Toe,  Aim.  r.  4 ;  Emesti, 
Excurnta  ad  SineL  J.  Caet.  20 ;  Schlosser,  Utber 
die  QueUen  der  tpatem  lattin.  GfekkktaehnSber^ 
beaonden  Uber  Ze^ungeny  dte.  in  the^rcAte/iir  G^- 
soUoite,  pp.  80—106 ;  Pratze,  De  FoaUbiu^  qmo9  in 
conaeribemUs  rebus  inde  a  T^berio  uaqme  ad  mortem 
Nercnie  geatia  auctorea  veterea  aeemU  videatUurj 
HaUe,  1840;  Zell,  Ueber  die  Zeitmigea  der  alien, 
Fribuzg,  1834 ;  but  the  two  best  works  on  the 
subject  are,  Le  Clerc,  Dea  Journamm  eheg  lea  Ro^ 
maina,  Paris,  1838,  and  Lieberktihn,  De  Diunna 
Romanorum  AcHa,  Weimar,  1840.) 

A'CTIA  ("Airria),  a  festival  of  Apollo,  cele- 
brated at  Nicopolis  in  Epeinu,  with  wrotling, 
musical  contests,  horse-radng,  and  sea>fightsw  It 
was  established  by  Augustus,  in  commemoration 
of  his  victory  over  Antony  off  Actium,  and  was 
probably  the  revival  of  an  andent  festival ;  for 


ACTIO. 

tbev«  ym^  a  cgfehnted  temple  of  Apollo  at  Actinm, 
vUidi.  is  mentioned  by  Tfaoeydideo  (i.  29),  and 
^~  *  (yvu  p.  325X  and  which  was  enlarged  by 
CiHb  The  games  imtitated  by  Angnatna 
eelefaniCed  eTery  four  yeara  (irtyra^ifpff, 
aits) ;  they  receired  the  thle  of  a 


ACTIO. 


9 


■I" 


I  AgDO,  and  -were  alao  called  Olympia.  (Strab. 
X.  e. ;  Dioo  Caaa.  li  1. ;  Soet  At^  18 ;  Bockh^ 
CSmjbl  Imer,  Ka  1720,  n.  845 ;  Kianae,  OfyngnOj 

A'CnO  ia  defined  by  Ceboa  (Dig.  44.  tit  7. 
a.  51)  to  be  the  right  of  poisaing  by  judicial  meana 
jjmdiein)  vfaat  ia  a  man^  due. 

'With  le^ect  to  ita  aobjeet-matter,  the  actio  was 
fivided  into  two  great  diviaiona,  the  m  permmam 
•eCiB,  and  the  ta  rem  actio.  The  m  permmam  actio 
penon  who  waa  boond  to  the 
by  cflntract  or  delict,  that  is,  when  the 
t  aoch  pecaon  waa  '  dare,  ftoeie,  praea. 
ih»  m  rem  actio  applied  to  thoae 
\  when  a  man  danned  a  cor|wial  thing  {eor- 
paetaiie  wm)  as  hia  property,  or  claimed  a  r^ht,  aa 
ftr  iwrfanc*  the  nae  and  enjoyment  of  a  thmg,  or 
tibe  r^ght  to  a  road  orer  a  piece  of  groDnd  {adiu), 
I  called  etmf' 


Tbe  aa  rem  actio  waa  called  mmUcatio  ;  the  m  per- 
■miiiaw  actio  was  caDed  in  the  later  law  eoHdietio^ 
lifaainf  originaDy  the  phiintiff  gaye  the  defendant 
Bodee  to  appear  on  a  given  day  for  the  porpow  of 
cbooaiqg  a  jadcx.   (Oaina,  rr.  £.) 

The  old  actiona  of  the  Boman  law  were  called 
logic  mtiiomeB^  or  IcgitiauMC^  either  becanae  they  were 
cAyiaaaly  prorided  fior  by  lawa  Qegee)^  or  becanae 
they  wen  atricUy  adapted  to  the  worda  of  the  lawa, 
aad  thacfoRcoaJdnotbeTaried.  In  like  manner, 
the  old  write  in  England  contained  the  matter  or 
daim  of  the  plaintiff  expreaaed  aoootding  to  the 
kfslrafe.* 

The  fire  modea  of  proceeding  by  legal  action  aa 

^  —"   deacribed  by  Oaina  (it.  12),  were^ 

Per  jndida  poatulationem.  Per  con- 
Per  manna  injectionem.  Per  pignoria 


I  of  action  giadnaDy  fell  into  die- 
)  of  the  ezoeniTe  nicety  required, 
tha  frihin  conaeqnent  on  the  alighteat  error 
ia  the  pleadinga ;  of  which  there  ia  a  notable  ex- 
ample gijca  by  Oaina  himaelf  (iT.  11),  in  the  caae 
of  a  pkintiff  who  oomfplained  of  hia  Tinea  (vxfev) 
bein^  cat  down,  and  waa  told  that  hia  action  waa 
bad,  iwaamfwrh  aa  he  ooght  to  hsTe  naed  the  term 
tieea  (arkaree)  and  not  Tinea ;  becanae  the  law  of  the 
TweireTablM,  which  gaTo  hhntheactionfbr  damage 
to  hia  Tinea,  fawitained  only  the  general  ezpreaaion 
"treea**  (oiiorw).  The  Lex  Aebntia  and  two 
Legea  JuUae  aboliahed  the  old  legitimae  actionee^ 
except  in  the  caae  of  damtmm  it^istiim  [Damnum 
iivfxctdm],  and  in  matten  which  fell  nnder  the 
coigniBaoe  of  the  CentomTiri     [Cbntumvirl] 

In  the  old  Boman  conatitntion,  the  knowledge 
of  the  law  waa  doaely  connected  with  the  inati- 
talea  and  ceremonial  of  religion^  and  waa  accord- 
ingly in  the  handa  of  the  patriciana  alone,  whoae 
aid  their  dienta  were  obliged  to  aak  in  all  their 
legal  dimteiL  Appina  Claodina  Oaecna,  perhapa 
Me  of  ue  eariiest  writers  on  law,  drew  up  the 

*  **BceTe  qnidem  com  tit  Ibrniatnm  ad  aimili- 
\  vqpilae  jnria,  quia  breriteret  panda  verbia 
MM  proferentia  exponit  et  explanat,  aicut 

Kgida  joiiairemqaae  estbroTiterflnanat.**  (Bracton, 

£413.) 


Tariona  forma  of  actiona,  probably  for  hia  own  use 
and  tiiat  of  hia  irienda :  the  manuscript  was  atolen 
or  copied  by  hia  scribe  Cn.  Flarins,  who  made  it 
public:  and  thus,  according  to  the  story,  the  pie* 
beiana  became  acquainted  with  those  legal  forma 
which  hitherto  had  been  the  exclnaiTc  property  of 
the  patriciana.  (Gic  De  OraL  L  41,  pro  Mvreoa^ 
ell;  IHg.l.tita2.a.2.§7.) 

Upon  the  old  legal  actiona  being  aboliahed,  it 
became  the  practice  to  proaecute  snita  aocorduig  to 
certain  prescribed  ferma  or  fennulae,  aa  they  were 
called,  which  will  be  explained  after  we  hsTO 
noticed  Tarioua  diriaiona  of  actiona,  aa  they  are  made 
by  the  Roman  writers. 

The  diriaion  of  aetiooee  in  the  Boman  law  is 
somewhat  complicated,  and  some  of  the  divisions 
must  be  conaidered  rather  aa  emanating  from  the 
schools  of  the  rhetoricians  than  from  any  other 
source.  But  this  diTision,  though  com^icated, 
may  be  somewhat  simplified,  or  at  least  rendered 
more  inteUjgible,  if  we  oonrider  that  an  action  is  a 
chum  or  demand  made  by  one  person  against 
another,  and  that  in  order  to  be  a  Talid  legal  claim 
it  muat  be  founded  on  a  legal  right  "nie  main 
diriaion  cf  actiona  must  therefore  haTO  a  reference 
or  analogy  to  the  main  diTision  of  rights ;  for  in 
erery  system  of  law  the  fonn  of  the  action  must 
be  tiie  expression  of  the  legal  right.  Now  the 
general  drnsion  of  rights  in  the  Roman  law  is  inta 
rights  of  dominion  or  ownership,  which  are  rights 
against  the  whole  world,  and  into  rights  arising 
firam  contract,  and  qnaai  contract,  and  delict  The 
actio  ta  fi8fli  implies  a  complainant,  who  claims  a 
certain  right  against  oTery  person  who  may  dis- 
pute it,  and  the  object  and  end  of  the  action  are  to 
compel  an  acknowledgment  of  the  right  by  tho 
particular  person  who  disputes  it  By  this  action 
the  pbuntiff  maintains  his  nroperty  in  or  to  a  thing, 
or  his  rights  to  a  benefit  from  a  thing  (jmvihUee). 
Thus  the  actio  in  rem  is  not  so  called  on  account 
of  the  subject-matter  of  the  action,  but  the  term  is  a 
technical  phrase  to  express  an  action  which  is  in  no 
way  founded  on  contract,  and  therefore  has  no  de- 
terminate indiridual  as  the  other  neceasaiy  party 
to  the  action  ;  but  cTery  indiridual  who  disputes 
the  right  becomes,  by  such  act  of  diapnting,  a  party 
liable  to  such  action.  The  actio  m  rem  does  not 
aacertain  the  complainant's  rip;ht,  and  from  tho 
nature  of  the  action  the  complainant's  right  cannot 
be  ascertained  by  it,  for  it  is  a  right  against  all  th^ 
world ;  but  the  action  determinea  that  the  defendant 
has  or  has  not  a  claim  which  is  Talid  against  tho 
pkiintiff 'a  daim.  The  actio  in  pereomam  implies  a 
determinate  person  or  persons  against  whom  the 
action  liea,  the  right  of  the  plaintiff  being  founded 
on  the  acts  of  the  defendant  or  defendants :  it  ia, 
therefore,  in  respect  of  something  which  has  been 
sgreed  to  be  done,  or  iu  respect  of  some  injury  for 
which  the  plaintiff  claims  compensation.  The  actio 
mixta  of  Justinian's  legislation  (Inst  iT.  tit  6,  a  20) 
was  so  called  from  its  being  supposed  to  partake  of 
the  nature  of  the  actio  ta  rem  and  the  actio  in  per- 
eonam.  Such  waa  the  action  among  co-heirs  as  to 
the  diTiaion  of  the  inheritance,  and  the  action  for 
the  purpose  of  settling  boundariea  which  were 
Gonfiued. 

Bights,  and  the  modea  of  enforcing  them,  may 
also  be  riewed  with  reference  to  the  sources  from 
which  they  flow.  Thus,  the  righto  of  Boman 
citisens  flowed  in  part  from  the  sovereign  power, 
in  part  from  thoae  to  whom  power  was  ddegated. 


10 


ACTIO. 


That  body  of  law  which  was  founded  on,  and  flowed 
from  the  edicts  of  the  praetors,  and  corule  aediles, 
was  called  jut  honorarium,  as  opposed  to  the  Jiu 
drnts,  in  its  narrower  sense,  which  comprehended 
the  ligsa^  pUHMoUa,  mnaitu  eontiUia,  &c.  The  Jiu 
ionorarium  introduced  new  rights  and  modified 
existing  rights  ;  it  also  provided  remedies  suitable 
to  such  new  rights  and  modifications  of  old  rights, 
and  this  was  effected  by  the  actions  which  the 
praetors  and  aediles  allowed.  On  this  jurisdiction 
of  the  praetors  and  aediles  is  founded  the  distinc- 
tion of  actions  into  eioUos  and  honorariaey  or,  as 
they  are  sometimes  called,  praefonod,  from  the 
greater  importance  of  the  praetor^s  jurisdiction. 

There  were  several  other  divisions  of  actions,  all 
of  which  had  reference  to  the  forms  of  procedure. 

A  division  of  actions  was  sometimes  made  with 
reference  to  the  object  which  the  plaintiff  had  in 
view.  If  the  object  was  to  obtain  a  thing,  the 
action  was  called  perseetUoria,  If  the  object  was 
to  obtain  damages  (poena)  for  an  injury,  as  in  the 
case  of  a  thing  stolen,  the  action  was  poenalia  ;  for 
the  thing  itsS  could  be  daimed  both  by  the  vtii- 
dieaHo  and  the  eondkHo.  If  the  object  was  to 
obtain  both  the  thing  and  damages,  it  was  probably 
sometimes  called  aeHo  mueta^  a  term  which  had 
however  another  signification  also,  as  already  ob- 
served. The  division  of  aethnM  into  direetae 
and  wtiln  must  be  traced  historically  to  the  aetume$ 
Jictitiae  or  fictions  by  which  the  rights  of  action 
were  enlarged  and  extended.  The  origin  of  this 
division  was  in  the  power  assumed  by  the  praetor 
to  ffrant  an  action  in  special  cases  where  no  action 
comd  legally  be  brought,  and  in  which  an  action,  if 
brought,  would  have  been  inanit  or  inutiUM,  After 
the  decline  of  the  pTaetor*s  power,  the  aetionM 
utiles  were  still  extended  by  the  contrivances  of  the 
iurU  prudentee  and  the  rescripts  of  the  emperors. 
Whenever  an  actio  utUie  was  granted,  it  was 
fhimed  on  some  analogy  to  a  legally  recognised 
right  of  action.  Thus,  in  the  examples  given  by 
Ghoius  (iv.  34),  he  who  obtained  the  honorum  pot- 
eeesio  by  the  piaetor^s  edict,  succeeded  to  the  de- 
ceased by  the  praetorian  and  not  the  civil  law :  he 
had,  therefore,  no  direct  action  (direeta  actio)  in 
respect  of  the  rights  of  the  deceased,  and  could  only 
bring  his  action  on  the  fiction  of  his  being  what  he 
was  not,  namely,  heree. 

Actions  were  also  divided  into  ordutariae  and 
eastraordinariae.  The  ordinariae  were  those  which 
were  prosecuted  in  the  usual  way,  first  before  the 
praetor,  m  jure,  and  then  before  the  judex,  in 
fudido.  When  the  whole  matter  was  settled  be- 
fore or  by  the  praetor  in  a  summary  way,  the  name 
eaetraordinaria  was  applicable  to  such  action. 
[Interdict.] 

The  term  eondictiones  only  applies  to  personal  ac^ 
tions ;  but  not  to  all  personal  actions.  It  does  not  com- 
prehend actions  at  deUdo,  nor  bonae  jidei  actionee. 
As  opposed  to  bonae  ^dei  actiones,  oondietionee  were 
sometimes  called  actionee  atricH  juris.  In  the  ac- 
iUmes  etrieU  juris  it  appears  that  the  formula  of  the 
praetor  expressed  in  precise  and  strict  terms  the 
matter  submitted  to  the  judex,  whose  authority 
was  thus  confined  within  limits.  In  the  actiones 
bonae  fidei,  or  ex  fde  bona  (Cic  Top,  17),  more 
latitude  was  given,  either  by  the  formula  of  the 
praetor,  or  was  implied  in  the  kind  of  action,  such 
as  the  action  e*  empto,  vendito,  loeuto,  &c,  and  the 
special  circumstances  of  the  case  were  to  be  taken 
into  oonsideiation  by  the  judex.     The  actiones 


ACTIO. 

atf^itrariae  were  so  called  from  the  judex  in   sacH 
case  being  called  an  arbiter,  probably,  as  Festti^ 
says,  because  the  whole  matter  in  dispute    -vma 
submitted  to  his  judgment ;  and  he  could  decide 
according  to  the  justice  and  equity  of  the  caae, 
without  being  fettered  by  the  praetor^  formula. 
It  should  be  observed  also,  that  the  judex  properly 
could  only  condemn  in  a  sum  of  money ;  but   the 
arbiter  might  declare  that  any  particular  act  should 
be  done  by  either  of  the  pirties,  which  was  called 
his  arbOrium,  and  was  followed  by  the  oondeamaHo 
if  it  was  not  obeyed. 

The  division  of  actions  into  perpetuao  and  tstn" 
paroles  had  refereoce  to  the  time  within  which  an 
action  might  be  brought,  after  the  right  of  action 
had  accrued.  Originally  those  actions  which  were 
given  by  a  far,  seuatus  consultum,  or  an  imperial 
constitution,  might  be  brought  without  any  limi- 
tation as  to  time ;  but  those  which  were  nanted 
by  the  praetor^s  authority  were  generally  limited 
to  the  year  of  his  office.  A  time  of  limitation  was, 
however,  fixed  for  all  actions  by  the  late  imperial 
constitutions. 

The  division  of  actions  into  aetUmes  m  jus  and 
i»  faetun  is  properly  no  division  of  actions,  but 
has  merely  reference  to  the  nature  of  the  formnla. 
In  the  formula  in  Jaetum  eoncepta,  the  praetor 
might  direct  the  judex  barely  to  inquire  as  to  the 
foct  which  was  the  only  matter  in  issue  ;  and  on 
finding  the  fiict,  to  make  the  proper  oondmnnatio  : 
as  in  the  case  of  a  freedman  bringing  an  action 
against  his  patronus.  (Gains,  iv,  46.)  In  the 
formula  in  jus  the  fitct  was  not  in  issue,  but  the 
l^al  consequences  of  the  fiict  were  submitted  to 
the  discretion  of  the  judex.  The  formula  in /actum 
commenced  with  the  technical  expression,  A'  par^^ 
&c,  *^  If  it  should  appear,**  &c.;  the  formnla  inJHu 
commenced.  Quod  A,  A,,  &&,  **  Whereas  A.  A.  did 
so  and  sa**    (Gains,  iv.  47.) 

The  actions  which  had  for  their  object  the 
punishment  of  crimes,  were  considered  public  ;  as 
opposed  to  those  actions  by  which  some  particular 
person  daimed  a  right  or  compensation,  and  which 
were  therefore  called  prioatac  The  fiwmer  were 
properly  called  Judicia  pubUoa;  and  the  latter,  as 
contrasted  with  them,  were  called  judida  privatct, 
[Judicium.] 

The  actions  called  nooKiles  arose  when  ajiUus 
familias  (a  son  in  the  power  of  his  fother),  or  a 
slave,  committed  a  thelft,  or  did  any  injury  to 
another.  In  either  case  the  fother  or  owner  might 
give  up  the  wrong^doer  to  the  person  injured,  or 
else  he  must  pay  competent  damages.  These  ac- 
tions, it  appears,  take  their  name  either  from  the 
injury  committed,  or  because  the  wrong-doer  was 
liable  to  be  given  up  to  punishment  (homm)  to  the 
p^son  injured.  Some  of  these  actions  were  of  legal 
origin,  as  that  of  theft,  which  was  given  by  the 
Twelve  Tables ;  that  oidamuum  vi^furiae,  which  was 
given  by  the  Aquilia  Lex  ;  and  ^t  of  i$^furiarmn 
et  vi  bonorum  raptorum,  which  was  given  by  the 
edict,  and  therefore  was  of  praetorian  origin.  This 
instance  will  serve  to  show  that  the  Roman  division 
and  classification  of  actions  varied  according  as  the 
Roman  writen  contemplated  the  sources  of  rights 
of  action,  or  the  remedies  and  the  modes  of  ob- 
taining them. 

An  action  was  commenced  by  the  plaintiff  sum- 
moning the  defendant  to  appear  befine  the  praetor 
or  other  maffutrate  who  had  jurisdietio  :  this  pro- 
cess was  culed  in  jus  vocatio  ;  and,  according  to 


„   / 


ACTIO, 
the  bvm  of  the  Twdve  TMrn^  was  in  effeet  a 
<>"'g<Wg  of  tke  defiendant  befoie  tlie  piaeUv  if  he 
refsscd  to  go  quietly.  This  rude  prooeediiig  was 
modified  in  huer  times^  and  in  many  cases  there 
eoald  be  no  m  jisr  voeaHo  at  all»  and  in  other 
caaee  is  muM  necessary  to  obtain  the  pzaetor^  pep- 
wissien  mder  pain  of  a  penalty.  It  was  also 
fsaMiahed  that  a  man  could  not  be  dragged  from 
hit  own  hooae  ;  bat  if  a  man  kept  his  house  to 
avoid,  as  we  ahonld  say^  beinig  senred  with  a  writ, 
he  na  tke  riak  of  a  kind  of  seqaestiatian  {aetor 
m  Aam  miftmbaiur).  The  object  of  these  rules 
waa  to  make  the  defendant  appear  before  the 
coB^eiait  jmisdictien  ;  the  device  of  enterii^  an 
lor  the  defendant  does  not  seem  to 


haTosqggcateditaelfto  the  Roman  lawyex&  (Dig.  2. 
tiL4.)  Jf  the  defendant  wouhi  not  go  qnietly, 
the  phmtilf  called  on  any  bystand^  to  witness 
{mtB^miy  that  he  had  been  duly  summoned, 
teudied  the  car  of  the  witness,  and  dragged  the 
defrndant  into  court  (Hor.  SanulB.  76—78  ; 
Plantna,  GarrmL  v.  2.)  The  parties  might  aettle 
their  diapute  on  their  way  to  the  court,  or  the  de- 
fcodaat  miffht  he  bailed  by  a  vindez.  (Ci&  Top. 
2;GBiBa,  IT.  46;  Oeliias,  zri  10.)  The  lindex 
onat  not  be  cooikQnded  with  the  vades.  This 
aettleaMnt  of  dispotea  on  the  way  was  called  ^raas- 
adio  m  via^  and  aerres  to  ezphun  a  pasnge  in  St 
]«atthev(T.25).* 

Whoi  before  the  piaetor,  the  parties  wore  said 
>n  operaL  The  plamtiff  then  pnyed  for  an  ao- 
tMQ,  and  if  the  naetor  aUowed  ii{dab(U  aeHomem), 
he  then  dechoed  what  action  he  intended  to  bring 
againat  the  defendant,  which  was  called  adsrs 
■rfinoaai.  This  mj^ht  be  dona  in  writing,  or 
cnlly,  or  by  the  plamtiff  taking  the  defimduit  to 
the  nfllif,  and  snowing  him  which  action  he  in> 
tended  to  rely  on.  (Dig.  2.  tit  13.)  As  the 
farwmiat  eonpiehended,  or  were  supposed  to  com- 
pnhcDd,  every  possible  form  of  action  that  could 
be  rBqched  by  a  pfauntiff,  it  was  presumed  that  he 
eeold  find  among  all  the  formulae  some  one  which 
was  adapted  to  his  easc^  and  he  waa  accordingly 
wipiwiiwl  to  be  withont  excuse  if  he  did  not  tue 
paias  to  adect  the  proper  forauda.  (Cic;  Pro  Bot. 
Chm.  c.  It)  If  he  took  the  wrotf  one,  or  if  he 
daimed  man  than  his  due,  he  lost  lis  cause  (ooass 
wrfrfdf,  Ck^DeOraL  1 36)  ;  bntthepaetorwme- 
tiaws  g^ve  him  leave  toanwnd  his  daunortiifealMi. 
(Qaia%  it.  53^  Ac;)  14  for  example,  the  contract 
between  the  paitiea  was  for  scmethii^  ta  ^aasrv, 
sod  the  plaintiff  ehiimed  something  mi  ^pecM,  he 
lost  his  action :  thus  the  contract  might  be,  that 
the  drftwdant  imdcrtDok  to  sell  the  plaintiff  a 
quantity  of  dye  stuff  or  a  sUto  ;  if  tlie  plaintiff 
daimed  Tyrian  purple,  or  a  particular  sIato,  his 
action  waa  bad ;  thensfere^  says  Gains,  aooording 
to  the  tema  ef  i!k»  ccntiact  so  os^ht  the  claim  of 
the  Mrftefi'o  to  bcb  As  the  formulae  were  so  numci^ 
COS  snd  conprehcBsive,  the  plaintiff  had  only  to 
idect  the  fenuuk  which  he  sn^posedto  be  suitable 
u  his  caae,  and  it  would  lequixe  no  further  varia- 
tion than  the  insertian  of  the  names  of  the  parties 
and  of  the  thing  Haimfd,  or  the  subject-matter  of 
the  snk,  vrith  the  amount  of  damages,  &c^  as  the 
caaenqghtbe.  When  the  praetor  hftd  granted  an 
quired  the  defendant  to  give 


*  It  is  not  easT  to  state  correctly  the  chan^ 
in  piDcednre  whidi  took  place  after  the  abolition 
flffhe  legitimiM  adioim.  (;ompaie  (}aius  iv.  25^  46. 


ACTIO.  U 

security  for  his  appearance  before  the  praetor  (m 
jtmi)  on  a  day  named,  commonly  the  day  but  one 
after  the  m^  voeaHo^  unless  the  matter  in  dispute 
was  settled  at  once.  The  defendant,  on  findi^  a 
surety,  was  said  vade$  dan  (Hor.  ^^Inwi.  till), 
eac/tsKWMun  promiUen^  or  fototrt:  the  suiety,  wu, 
was  said  ^Mmden;  the  plaintiff  when  latisfied 
with  the  surety  was  laid,  vadari  rewmf  to  let  him 
go  on  his  sureties,  or  to  have  sureties  from  him. 
When  the  defendant  promised  to  appear  injtu^  on 
the  day  named,  without  giving  any  surety,  this  waa 
called  vadimtmimn  puntm.  In  some  cases  fvcu- 
ptratcrei  were  named,  who,  in  case  of  ihid  de« 
fiendant  making  de&ult,  condemned  him  in  the 
sum  of  money  named  in  the  vadtmonium. 

If  the  defendant  appeared  on  the  day  appointed, 
he  was  said  vadinumium  $t$Uf;  if  he  did  not  ap* 
pear,  he  was  said  tNM^'auMtasi  rfawnrim,  and  the 
praetor  gave  to  the  plamtiff  the  bomonm  potmuUk 
(Hor.  Strm.  i  9.  36—41 ;  Cic.  Pro  P.  QaM«M», 
c.  6.)  Both  parties,  on  the  day  ai^inted,  were 
summoned  by  a  crier  (praaco),  when  the  plaintiff 
made  his  daun  or  demand,  which  was  reiy  briefly 
expressed,  and  may  be  considered  as  conespondiiig 
to  our  dedaiation  at  law. 

The  defendant  might  either  deny  the  phuntifTs 
daim,  or  he  might  renly  to  it  by  a  plea,  en^ptith. 
If  he  simply  denied  tne  phuntifTs  claim,  the  cause 
was  at  issue,  and  a  judex  might  be  demanded. 
The  fonns  A  the  §aecqftio  also  were  contained  in 
the  praetor^  edict,  or  upon  hearing  the  focts  the 
praetor  a''apted  the  plea  to  the  case.  The  eaecqiUo 
was  the  defeodanVs  defence,  and  was  often  merdy 
an  equiteble  answer  or  plea  to  the  plaintifi'*s  legal 
demand.  The  plaintiff  might  daim  a  thing  upon 
his  eoDtract  with  the  defiencUuit,  and  the  derandant 
might  not  deny  the  contract,  but  might  put  in  a 
pl^  of  'frand  {dobu  aia^),  or  that  he  had  been 
constrained  to  come  to  such  agreement  The 
^aaotpHo  was  in  effect  something  which  nmtived 
the  plaintiff*B  demand,  and  it  was  expressed  by  a 
negative  dause :  thus,  if  the  defendant  asserted  that 
the  plaintiff  fraudulently  claimed  a  sum  of  money 
which  he  had  not  given  to  the  defendant,  the  etc- 
eeptio  would  run  thus :  Si  mtan  niiil  dolo  wmIo 
AmU  AfferU  Jadum  nt  ticqm  Jiat.  Though  the 
€aecgttio  prooeoied  fixtm  the  defendant,  it  was  ex- 
pressed in  this  form,  in  order  to  be  adapted  for 
msertion  in  the  fQxmuh^  and  to  render  the  ooa- 
demmatio  subject  to  the  condition. 

Exceptions  were  permnptorias  or  dUatoriati, 
Peremptory  exceptions  were  a  complete  and  per- 
pqtual  answer  to  the  plamtiff^s  demand,  such  as 
an  exceptio  of  dobu  maiua^  or  of  res  jmiieaia* 
Dihitory  exceptions  .were,,  as  the  name  imports, 
merdy  calcukted  to  dehi^  the  plaintiff^  demand  ; 
as,  fior  instance,  by  showug  that  the  debt  or  duty 
daimed  was  not  yet  due.  Oaius  considers  the  ex- 
ceptio liii$  dioidmae  and  m  rmdwae  (iv.  122)  as 
bdooging  to  this  dass.  If  a  plaintiff  proaecuted 
his  action  after  a  dilatory  exception,  he  lost  alto- 
gether his  right  of  action.  There  might  be  dilatoiy 
exceptions  also  to  the  perton  of  the  phuntifi^  cf 
whicn  dass  is  the  eaomCio  eogmttonOf  by  which  the 
defendant  objects  either  that  the  pluntiff  is  not 
intitled  to  sue  by  a  ccgmior^  or  that  the  o^gnitmr 
whom  he  had  named  was  not  qualified  to  act  as  a 
oQgnitor.  If  the  exception  was  allowed,  the  plaintiff 
eould  either  sue  hunself^  or  name  a  proper  oognitcr, 
as  the  case  might  be.  If  a  defendant  neglected  to 
take  advantage  of  a  peremptory  aaoep^  the  pnetor 


12 


ACTIO. 


might  afterwards  give  him  permiflsion  to  avail  him- 
Belf  of  it ;  whether  he  could  do  the  same  in  the  case 
of  a  dilatory  was  a  donbtM  question.  (Gains,  iv. 
125.) 

The  plaintiff  might  replj  to  the  defendant*B  op- 
aeptioy  for  the  defendant  by  putting  in  his  plea  be- 
came an  actor.  [Actor.]  The  defendants  plea 
might  be  good,  and  a  complete  answer  to  the  plain- 
tiff's demand,  and  yet  the  plaintiff  might  allege 
something  that  would  be  an  answer  to  the  plea. 
Thus,  in  the  example  given  by  Oaius  (iv.  126),  if 
an  aigentarius  claimed  the  price  of  a  thing  sold  by 
auction,  the  defendant  mignt  put  in  aplea«  which, 
when  inserted  in  the  formula,  would  be  of  this 
shape:  —  Ut  Ua  demum  emptor  danrnetur^  si  ei  res 
quam  emerit,  iradiia  sit ;  and  this  would  be  in  form 
a  good  plea.  But  if  the  conditions  of  sale  were  that 
the  article  should  not  be  handed  to  the  purchaser 
before  the  money  was  paid,  the  aigentarius  might 
put  in  a  repUcatio  in  this  shape :  — Nisi  praedictum 
est  ne  alUer  emptori  res  tradertfytr  quam  sipretium 
emptor  soherit.  If  the  defendant  answered  the 
r^UocUiOf  his  answer  was  called  duplieatio;  and  the 
parties  might  go  on  to  the  triplioatio  and  quadrupU- 
oaOo,  and  eyen  further,  if  the  matters  in  question 
were  such  that  they  could  not  otherwise  be  brought 
to  an  issue. 

The  praescr^DtiOy  which  wa«  so  called  from  being 
written  at  the  hotd  or  beginning  of  the  formula, 
was  adapted  lor  the  protection  of  the  plaintiff  in 
certain  cases.  (Gains,  iT.  130,  && ;  Cic  De  Orat, 
i.  37.)  For  instance,  if  the  defendant  was  bound 
to  maJce  to  the  plauitiff  a  certain  fixed  payment 
yearly  or  monthly,  the  plaintiff  had  a  good  cause 
of  action  for  all  the  sums  of  money  already  dutf ; 
but  in  order  to  avoid  making  his  demand  for  the 
future  payments  not  yet  due,  it  was  necessary  to 
use  a  praescription  of  the  foUowing  form: — Ea 
res  offotur  ciyus  rei  diesfmt, 

A  person  might  maintain  or  defend  an  action  by 
his  eoffnitor  or  procurator,  or,  as  we  should  say,  by 
his  attorney.  The  plaintiff  and  defendant  useid  a 
certain  fonn  of  words  in  appointing  a  c<^gnitor,  and 
it  would  appear  that  the  appointment  was  made  in 
the  presence  of  both  parties.  The  oognitor  needed 
not  to  be  present,  and  his  appointment  was  oom« 
pleto  when  by  his  acts  he  had  signified  his  assent. 
(Cic.  Pro  Q.  noseioy  c  2 ;  Hor.  Serm.  I  6.  35.) 
No  form  of  words  was  necessary  for  appointing  a 
procurator,  and  he  might  be  appointed  without  the 
knowledge  of  the  opposite  party. 

In  many  cases  both  pbiintiff  and  defendant 
might  be  required  to  give  security  {satisdare)  ;  for 
instance,  in  the  case  of  an  actio  ut  rem,  the  de- 
fendant who  was  in  possession  was  required  to 
give  security,  in  order  tnat  if  he  lost  his  cause  and 
did  not  restore  the  thing,  nor  pay  its  estimated 
value,  the  plaintiff  might  have  an  action  against 
him  or  his  sureties.  When  the  actio  in  rem  was 
prosecuted  by  ^e  formula  peOioria,  that  stipulaiio 
was  made  which  was  called  Judieaium  sotvi,  Aa  to 
its  prosecution  by  the  sponsio,  see  Sponsio  and 
Cbntumviri.  If  the  plaintiff  sued  m  his  own 
name,  he  gave  no  security  ;  nor  was  any  security 
required,  if  a  cognitor  sued  for  him,  either  from 
the  cognitor  or  the  pbiintiff  himself^  for  the  cog- 
nitor was  personally  liable.  But  if  a  procurator 
acted  for  him,  he  was  obliged  to  give  security  that 
the  plaintiff  would  adopt  lus  acts  ;  for  the  plaintiff 
was  not  prevented  from  bringing  another  action 
when  a  procurator  acted  for  him.    Tutors  and 


ACTIO. 

curators  generally  gave  security  like  procorators. 
In  the  case  of  an  actio  m  personam,  the  same  roles 
applied  to  the  plaintiff  as  in  the  actio  in,  rem.  If 
the  defendant  appeared  by  a  oognitor,  the  defendant 
had  to  give  security ;  if  by  a  procurator,  the  pro> 
curator  had  to  give  security. 

When  the  cause  was  brought  to  an  iaane^  a 
judex  or  judioes  might  be  demanded  of  the  praetor 
who  named  or  appointed  a  judex  and  delivered  to 
him  the  formula  which  contained  his  instructions. 
The  judices  were  said  dari  or  addid.  So  fat  the 
proceedings  were  said  to  be  injure ;  the  proeecu* 
tion  of  the  actio  before  the  judex  requires  a  separate 
discussion.    [JuDiavH.] 

The  foUowing  is  an  example  of  a  formula  taken 
from  Gains  (iv.  47) : — Judex  esta.  Si  paret  Anlum 
Agerium  apud  Numerium  Negidium  measam 
argenioam  dsposuisse  eamque  dolo  malo  Numerii 
NegidU  Aulo  Agerio  reddUam  nom  esas  fpuenH  ea 
res  erit  tantam  pecumamjudeag  Numerium  Neffidium 
Aulo  Agerio  condemmxto :  si  non  paret,  absaiviio. 

The  nature  of  the  formula,  however,  will  be 
better  understood  from  the  following  analysis  of  it 
by  Gains : — It  consisted  of  four  parts,  the  demon' 
straHo,  isUenOo,  a^judieatio,  eondemnaOo.  The 
demonstratio  is  that  part  of  the  formula  which 
explains  what  the  subject-matter  of  the  action  is. 
For  instance,  if  the  subjecUmatter  be  a  slave  sold, 
the  demonstratio  would  run  thus: — Quod  Aulus 
Agerius  Numerio  Negidio  hominem  vendidiL  The 
inieniio  contains  the  claim  or  demand  of  the 
plaintiff :  — Si  paret  honunem  eaejwre  QuiriHum  A  uli 
AgerU  esse.  The  a4judioatio  is  that  part  of  the 
formula  which  gives  the  judex  authority  to  adju- 
dicate  the  thing  which  is  the  subject  of  dispute  to 
one  or  other  of  the  litigant  parties.  If  the  action 
be  among  partners  for  dividing  that  which  bdongs 
to  them  aU,  the  adjudication  would  run  thus :  — 
Quon^ifm  a^judiouri  oportet  judess  TiUo  adjudieato. 
The  oondemnatio  is  that  part  of  the  formula  which 
gives  the  judex  authority  to  condemn  the  de- 
fendant in  a  sum  of  money,  or  to  acquit  him: 
for  example,  Judex  Numerium  Negidium  Aulo 
Agerio  sestertium  miUa  oondenuia:  si  non  paret, 
absolve.  Sometimes  the  inieniio  alone  was  requisite, 
as  in  the  formulae  called  pra^udidales  (which  some 
modem  writers  make  a  ckiss  of  actions),  in  which 
the  matter  for  inquiry  was,  whether  a  certain  person 
was  a  freedman,  what  was  the  amount  oft^dos,  and 
other  similar  questions,  when  a  fitct  solely  was  the 
thing  to  be  ascertained. 

Whenever  the  formula  contamed  the  oondem' 
natio,  it  was  framed  with  the  view  to  pecuniary 
damages ;  and  accordingly,  even  when  the  plaintiff 
claimed  a  particular  thing,  the  judex  did  not 
adjudge  the  defendant  to  give  the  thing,  as  was 
the  ancient  practice  at  Rome,  but  condemned  him 
in  a  sum  of  money  equivalent  to  the  value  of  the 
thing.  The  formula  might  either  name  a  fixed 
sum,  or  leave  the  estimation  of  the  value  of  the 
thing  to  the  judex,  who  in  aU  cases,  however,  was 
bound  to  name  a  definite  sum  in  the  condemnation. 

The  formula  then  contained  the  pleadings,  or 
the  statements  and  counter-statements,  of  the 
plaintiff  and  the  defendant ;  for  the  inieniio,  as  we 
have  seen,  was  the  plaintiff^  declaration ;  and  if 
this  was  met  by  a  plea,  it  was  neoessaiy  that  this 
also  should  be  inserted  in  the  formula.  The 
formula  also  oont^ed  the  directions  for  the  judex, 
and  gave  him  the  power  to  act.  The  Englidi  and 
Roman  procedure  are  severally  stated   in   Mr. 


ACTOR, 
^pracc^  vtxk  OD  the  EqmUaUe  Jmriadietiom  of  He 
C4mH  of  Okameerjh  pp.  206—235.  The  Roman 
BxwM  of  prooedme  underwent  TariouB  changes  in 
t^  cenne  of  tune,  which  it  la  not  Teiy  eaay  to 
descnbe ;  b«t  it  haa  been  icsnaiked  by  HoUweg 
(^obAmA  dc«  Qm^mBeMBs,  p.  19)  that  the  ayttem 
ef  prooedne  mamteined  itacdf  in  all  eaaential  par- 
ticdbn  mahered  fi>r  xnanj  centnrieB,  and  what 
ve  feam  from  Cieeio  (b.  c  70)  is  almost  the  same 
as  wbat  we  kam  from  Garas  (▲.  d.  160).  Modem 
vTisen,  howeTer,  differ  on  Tarions  points ;  and  the 
•abject  leqvites  a  eomplete  examination  from  one 
who  is  feUy  aioinaiiitiHl  with  the  Roman  jaw,  and 
inctiGaBy  YeBsed  in  the  naUire  of  legal  pnoeedizigs 
gocsdly. 

The  loQowiqg  are  the  principal  actions  which 
we  read  af  xa  the  Roman  writeia,  and  which  are 
Irieiy  deacribed  nnder  their  serersl  heads:  — 
Actio — Aquae  plnriae  aroendae ;  Bonomm  vi 
laptaran  ;  Cexti  et  Ineeiti ;  Commodati;  Com- 
Bofii  drridmido ;  Confttsoria ;  Damni  injuria  dati ; 
Dejccti  Tel  efibai;  Depensi;  Depositi;  De  dolo 
saJo;  EiKti  et  T«iditi;  Ezercitoria;  Ad  Exhi- 
^eodom  ;  Familiae  erciacnndae ;  Fidudaria ;  Fi- 
BiuB  '  ipg^iiMUwwnf  •  Fnrti ;  Hypothecana  j  Injuna- 
ram  ;  Inatitoiia  ;  Judicati ;  Quod  jussa ;  Legis 
A<[B3iae  ;  Locad  et  condncti  %  Mandati ;  Mntui ; 
Ncgativa  ;  NegoCiormn  gestorum  ;  Noxalis  ;  De 
pasperie ;  De  pecnlio ;  Pignontida,  or  Pignora- 
litia;  Pnhlieiana;  Quanti  minoris;  Rationibns 
distahendia  ;  De  recepto  ;  Redhibitoria  ;  Rei 
oxozae,  or  Dotis  ;  Restitutoria  and  Rescissoria ; 
RotiliBna  ;  Sernana  ;  Pro  socio ;  Tributoria ; 
Totdae.  [O.  L.] 

ACTOR  s^Tiified  generally  a  plaintiff  In  a 
crnl  or  private  action,  the  plaintiff  was  often  called 
petitor;  in  a  pnUic  action  (eoasa  pmblioa),  he  was 
oBed  aeemmxior.  (Ci&  ad  AtL  I  16.)  The  de- 
ieodant  waa  caDed  reuB^  both  in  piiyate  and  public 
csfises:  this  term,  howerer,  according  to  Cicero 
{£k  OraL  n.  43),  might  signify  either  party,  as  in- 
deed we  might  conclude  from  the  word  itsell  In 
a  ffinte  action,  the  defendant  was  often  called 
adverasraa,  but  either  party  might  be  called  ad- 
tvmuim  with  respect  to  the  other.  Originally,  no 
penoB  who  waa  not  sas'  juris  could  maintain  an 
aetJoB ;  a  jUau  JamHiaa^  therefore,  and  a  slaye, 
cooJd  not  maintain  an  action ;  but  in  course  of 
time  oertun  actiona  were  allowed  to  tLjUnufanulias 
in  the  absence  of  hia  parent  or  his  procurator,  and 
abo  in  case  the  parent  was  incompetent  to  act 
fnm  Badneas  or  other  like  cause.  (Dig.47.tit  10. 
a  17.)  Wards  {pmpUU)  brought  their  actions  by 
tkeir  tutor  (httoi^  ;  and  in  case  they  wished  to 
bring  an  action  against  their  tutor,  the  pnetor 
naaud  a  tutor  for  the  purpose.  (Oaius,  L  184.) 
Pengrimij  or  aliena,  originally  brought  their  action 
thioojg;h  their  patronus ;  but  afterwards  in  their 
own  name,  by  a  fiction  of  law,  that  they  were 
Boman  dtxsena.  A  Roman  dtisen  might  also 
generally  bring  his  action  by  means  of  a  cognitor 
cr  procurator.  [Acna]  A  umvenUas  or  cor- 
porate body,  sued  and  was  sued  by  their  aetor  or 
tytdiaa,    (Dig.  8.  tit  4.) 

Actor  has  also  the  sense  of  an  agent  or  manager 
of  anotherli  business  generally.  The  adorpubUeits 
was  an  oflieer  who  had  the  superintendence  or  care 
of  sbves  belonging  to  the  states  Lipsius  says  that 
tbeadbr^a&ifeat  wasaslayeorfreednian.  A  slave 
could  acquire  property  for  others,  though  not  for 
himidlt    In  the  case  mentioned  by  Pliny  {Ep,  m 


ACUS. 


IS 


18)y  the  aeior  pMiau  was  the  lepresentatiTe  of 
the  community  (mpafifibo)  of  Comnm.  (Tadt. 
Amu  ii.  30,  iil  67;  LipsL  Eaemn^adTaaL  Amu ii 
30.)  [G.U] 

ACTUA'RIAE  NAVE&  [Navwi] 
ACTUA'RII,  or  ACTA'RIl,  clerics  who  com- 
piled  the  Acto  Publica.  [Acta,  pi  8,  b.]  The 
name  is  also  sometimes  given  to  the  iVbtorn,  or 
short-hand  writen,  who  took  down  the  speeches 
in  the  senate  and  the  courts  (Suet  JmL  55  ;  Sen. 
Ep,  33)  ;  respecting  whom  and  the  use  of  short- 
hand among  the  Romans,  see  Notaku. 

2.  Military  officers  whose  duty  it  was  to  keep 
the  accounts  of  the  anny,  to  see  that  the  con- 
tractors supplied  the  soldkrs  with  provisions  ac- 
cording to  agreement,  &c  (Amm.  Marc  xx.  5  ; 
Cod.  12.  tit.  87.  s.  5.  16  ;  12.  tit  49.) 

3.  The  title  of  certain  phyndans  at  the  court 
of  (Constantinople.  [Msoicuai] 

ACTUS,  a  Roman  measure  of  land,  which 
formed  the  basis  of  the  whole  system  of  hnd 
measurement  In  that  system  the  name  aeiut  (from 
ago\  which  originally  meant  a  way  between  fiekis 
for  beasts  of  burthen  to  pass  (or,  as  some  ny, 
the  length  of  a  furrow),  was  given  to  such  a  way 
when  of  a  definite  width  and  length,  and  also  to 
a  square  piece  of  knd  of  the  same  length.  The 
former  was  called  actus  vuMtmus  or  simpler^  and 
was  120  feet  (Roman)  long  by  4  feet  wide.  (Varro, 
/;.  -L.  iv.  4,  or  V.  84,  MUller ;  OAxasu  v.  1.  g  5, 
ed.  Schneider ;  Festns,  a  v.  iter  inter  vidnos  IV, 
pedum  latum).  The  oohw  ^uadraius^  which  was 
the  square  unit  in  the  system  of  Roman  hmd- 
measurement,  was  of  the  same  length  as  the  ocfau 
mmuMtts,  and  of  a  width  equal  to  its  length:  it 
was  thus  120  feet  square,  and  sontained  14,400 
square  feet  It  was  the  half  of  a  jogcr.  (Colum. 
Lci  Vano,  I  &,  and  A.  A.  L  1 0.  ^  2,  ed.  Schneider). 
The  following  are  the  etymolqgical  explanations  of 
the  word :  Actus  vocabatur,  ta  quo  bones  a^eremtur 
cum  aratro^  mno  impetu  justo  (Plin.  xviiL  3)  ;  Ut 
ager  quo agipotsrat^skouaa^ actus,  (Vuxro^L.L, 
L  c)  The  actus  furnishes  an  example  of  the  use  of 
the  number  twelve  among  the  Romans,  its  length 
being  twelve  times  the  standard  dscbmpxda. 
ColumeUa  {Le,  §  6)  rays  that  the  Gauls  called  the 
actus  quadratusj  aripemds ;  but  this  could  only  be 
an  approximate  identification,  for  the  actus  qua- 
dratus  is  somewhat  smaller  than  the  great  French 
arpcHt  and  much  larger  than  the  small  arpeuL 
((Compare  Acna  ;  Niebuhr,  Hist.  cfRoms^  vol  ii. 
Appendix  I.)  [P.  S.] 

ACTUS.    [SBRvmjTBB.] 

ACUS  (iS<A4{ni,  fiOiotds^  ^o^r),  a  needle,  a  piiw 
The  annexed  figures  of  needles  and  pins,  chiefly 


^ 


ci 


I 


CI 


4 


u 


ADLECTI. 


taken  from  oriffinaU  in  bronse,  vnij  in  length  from 
an  inch  and  a  naif  to  about  eight  inches. 

Pins  were  made  not  only  of  metal,  but  also  of 
wood,  bone,  and  ivory.  They  were  used  for  the 
same  purposes  as  with  us,  and  also  in  dressing  the 
hair.  (Mart  xiv.  24.)  The  mode  of  platting  the 
hair,  and  then  &stening  it  with  a  pin  or  neecUe,  is 
shown  in  the  annexed  Bgure  of  a  female  hmd, 
taken  from  a  marble  group  which  was  found  at 
Apt,  in  the  south  of  l^nnce.  (Montfiuicon,  Ant 
Bacp,  Suppl,  iii.  8.)     This  &shion  has  been  con- 


tinued to  our  own  times  by  the  females  of  Italy, 
mid  of  some  parts  of  Germany,  as  for  instance,  in 
the  neighbourhood  of  Coblenz. 

ADDICTI.    [NexlJ 

ADDI'CTIO.     [Acna] 

ADDIX  («Mi{,  mtiis),  a  Greek  measure  of 
capacity,  equal  to  four  xo^J^uccy.  (Hesych.  s.  v, ; 
SchoL  ad  Horn,  Od.  19.)  [P.  S.] 

ADEIA  (&dcia),  freedom  from  fear,  or  security, 
in  any  public  action.  When  any  one  in  Athens, 
who  had  not  the  full  priTilM;es  of  an  Athenian 
citizen,  such  as  a  foreigner,  a  slave,  &c.,  wished  to 
accuse  a  person  of  any  offnuce  against  the  people, 
he  was  obliged  to  obtain  first  permission  to  do  so, 
which  permission  was  called  adda.  (Plut  PericL 
81.)  An  Athenian  citizen  who  had  incurred 
aHmia,  was  also  obliged  to  obtain  adma  before  he 
could  take  part  in  public  affiiirs  (Plut  Pkoo,  26)  ; 
and  it  was  not  lawful  for  any  one  to  propose  to  the 
people,  that  an  atkiuu  should  be  lestorad  to  his 
rights  as  a  citizen,  or  that  a  public  debtor  should 
be  released  from  his  debt,  till  adeia  had  been 
granted  for  this  purpose  by  a  decree  passed  in  an 
assembly  of  6000  citizens  voting  secretly  by  ballot 
(Dem.  e.  Timocr.  p.  715 ;  Andoc  de  MyaL  p.  86 ; 
Bijckh,  PtMio  Economy  of  Athens^  p.  392,  2d  ed.) 

ADE'MPTIO.    [Lboatum.] 

ADGNA'TI.     [CoGNATL] 

ADGNA'TIO.     [Hbrrs  ;  Testamsntum.] 

ADITIO  HEREDITATIS.     [Herbs.] 

ADJUDICA'TIO.     [Actio.] 

ADLECTI  or  ALLECTI.  1.  Those  who  were 
chosen  to  fill  up  a  vacancy  in  any  office  or  colle- 
gium, and  especially  those  who  were  chosen  to  fill 
up  the  proper  number  of  the  senate.  As  these 
would  be  generally  equites,  Festns  (s.  v.)  defines 
the  adlecti  to  be  equites  added  to  the  senate:  and 
he  appears  in  this  passage  to  make  a  difference  be- 
tween the  adlecti  and  eon$cripti.  But  they  were 
probably  the  same ;  for  in  another  passage  (s.  v. 
oonscripti)^  he  gives  the  same  definition  of  the  cof»* 


ADOPTIO. 

teripU  as  he  had  done  of  the  adhdij  and  Liiv^'  0^- 
1)  says  contcriptos  m  novum  aenatnm  tq^pellabani 
lectoi, 

2.  Those  nenons  under  the  empire  who  were 
admitted  to  tne  privileges  and  honours  of  the  pme- 
torship,  quaestorship,  aedileship,  and  other  public 
offices,  without  having  any  duties  to  perfomi. 
(Capitolin.  Pertin.  6.)  In  mscriptions  we  con- 
stantly find,  adleoUu  inter  tribmno8y  inter  quaestores^ 
inter  praetoru^  &.C 

ADLECTOR,  a  collector  of  taxes  in  the  pro- 
vinces in  the  time  of  the  Roman  emperorv.  (Cod. 
Theod.  12.  tit  6.  s.  12.) 

ADMISSIONA'LES  were  cfaambetlaina  at  the 
imperial  court,  who  introduced  persona  to  the 
presence  of  the  emperor.  (Lamprid.  Sever.  4  ; 
qfficium  admisnoniM,  Suet  Veep,  14.)  They  were 
divided  into  four  classes  ;  the  chief  officer  of  each 
class  was  called  proarinuu  euinuseionnm  (Amm. 
Marc  xxil  7)  ;  and  the  proKtmi  were  under  the 
magister  admiteUmwn.  (Amm.  Maic  xv.  5  ;  Vop. 
AureL  12.)  The  admissionales  were  uanally 
freedmen.  (Cod.  Theod.  6.  tit  2.  s.  12  ;  tit.  9. 
s.  2  ;  tit  85.  s.  8.) 

Friends  iq»pear  to  have  been  called  amid  admie- 
eionie  primae,  ieetmdae,  or  iertiae.  According  to 
some  writers,  they  were  so  called  in  conaequence 
of  the  order  in  which  they  were  admitted  ;  accord- 
ing to  others,  because  the  atrinm  was  divided  into 
different  parts,  s^iarated  fit>m  one  another  by 
hangings,  into  which  persons  were  admitted  ac- 
cor£ng  to  the  diffisrent  degrees  of  fiivour  in  which 
they  were  held.  (Sen.  de  Benrf.  vi  83,  84,  Genu 
LIO.) 

ADOLESCENS.    [Infans.] 

ADO'NIA  CAMrta),  a  festival  celebrated  in 
honour  of  Aphrodite  and  Adonis  in  most  of  the 
Grecian  cities,  as  well  as  in  numerous  places  in 
the  East  It  ksted  two  days,  and  was  celebrated 
by  women  exclusively.  On  the  first  day  they 
brooght  into  the  streets  statues  of  Adonis,  whico 
were  laid  out  as  corpses ;  and  they  observed  all 
the  rites  customary  at  funerals,  beating  themselves 
and  uttering  Uunentations.  The  second  day  was 
spent  in  merriment  and  feasting ;  because  Adonis 
was  allowed  to  return  to  life,  and  spend  half  of 
the  year  with  Aphrodite.  (Aristoph.  Paae,  412, 
Schol  ad  he, ;  Plut  AlcSb,  18,  Nie,  13.)  For 
fuller  particulars  respecting  the  worship  and  festi- 
vals of  Adonis,  see  Dial.  ^Bvogr.:  v.  Adonis, 

ADO'PTIO,  adoption.  1.  Greek,  was  called 
by  the  Athenians  tunroiiia'ts,  or  sometimes  simply 
volfiffis  or  ^ifftt.  The  Greek  writers  use  dtirtf 
also  as  equivalent  to  the  Roman  adoptio^  and  ^erol 
as  ec[uivident  to  adopOvL  (App.B.  C.  iii  18,  14.) 
The  adoptive  fother  was  said  irotcitrtfcu,  ciawotcl). 
a^at,  or  sometimes  rotw :  and  the  fiUher  or  mother 
(for  a  mother  after  the  death  of  her  husband 
could  consent  to  her  son  being  adopted)  was  said 
inwouTy :  the  son  was  said  imrouur^,  with  re- 
ference to  the  fiunily  which  he  lefl ;  and  clnrotc?. 
<r0cu,  with  reference  to  the  fiunily  into  which  he  was 
received.  The  son,  when  adopted,  was  called 
voi7it6s,  tl(nroiriT6s,  0T^rr6s:  in  opposition  to  the 
legitimate  son  bom  of  the  body  of  the  fiitber,  who 
was  called  yviitrias. 

A  man  might  adopt  a  son  either  in  his  lifetime 
or  by  his  testament,  provided  he  had  no  male  off- 
spring and  was  of  sound  mind.  He  might  also,  by 
testament,  name  a  person  to  take  hii  property,  in 
case  his  son  or  sons  should  die  imder  ageb    (Dem. 


ADOPTIO. 
Emrk  arcfdbw  YcuS.  13.)  If  he  had  male 
o^iniig,  he  could  not  dbpoee  of  his  property. 
ThU  nit  of  law  was  dooely  comiected  with  the 
rule  asto  adnptinn  ;  iiar  if  he  could  haye  adopted 
a  eoa  when  he  had  male  children,  sach  son  would 
hare  ihared  his  property  with  the  rest  of  his  male 
children,  and  to  that  esctent  the  fetther  would  hare 
czerciaed  apower  of  diiyosition  which  the  law  de- 
nkd  hifflL 

Only  Athenian  citizens  coold  be  adopted  ;  but 
{nnales  could  be  adc^ted  (bv  testament  at  least)  as 
well  as  males.  (Isaeus,  IIcpi  rov  'Ayviov  KXipou.) 
The  adopted  child  waa  tiansfeired  from  his  own 
Inuly  and  demna  into  thoae  of  the  adoptiTa 
hxha ;  he  inherited  his  property  and  maintained 
the  moa  of  his  adoptiye  fiiftaer.  It  was  not 
necctcuy  for  him  to  take  his  new  father*s  name, 
hot  he  was  registered  as  his  son.  The  adopted 
ton  Boaht  retom  to  hia  fiormer  &mily,  in  case  he 
left  a  oild  to  represent  the  &mily  of  his  adoptive 
£ither:  unless  he  so  returned,  he  lost  all  right 
which  he  might  have  had  on  hu  Other's  tide  if  he 
kui  not  been  adopted  ;  but  he  retained  all  rights 
which  he  might  have  on  his  mother^s  side,  for 
the  act  of  adcncSon  had  no  effect  so  fiu  as  concerned 
the  mother  ot  the  adopted  person ;  she  still  con- 
timed  his  mother  aller  the  act  of  adoption. 

The  next  of  kin  of  an  Athenian  citizen  were 
iBtided  to  his  property  if  he  made  no  disposition 
flf  it  by  will,  or  n»de  no  Talid  adoption  during  his 
lifetzmle ;  tbW  were,  therefore,  interested  in  pre- 
Tenting  fraudulent  adoptions.  The  whole  com- 
mmij  were  also  interested  in  preventing  the  in- 
trodnetnm  into  their  body  of  a  person  who  was  not 
sa  Athenian  dtiaen.  To  protect  the  rights  of  the 
next  of  kin  against  unjust  daims  by  persons  who 
allied  thwnarlTes  to  be  adopted  sons,  it  was  re- 
quind  thftt  the  &ther  should  enter  his  son,  whether 
boni  of  his  body  or  adopted,  in  the  register  of  his 
pbcatria  (^fccrpuchr  ypofifAOTHoif)  at  a  certain 
nae,  the  Thaigelia  (Isaeus,  Tltpi  rov  *AiroXXo8i^. 
KA^pen,  3,  6),  with  the  privity  of  his  kinsmen  and 
pki^ores  (yorvroi,  ^pdrepcs).  Subsequently 
to  this,  it  was  neoessair  to  enter  him  in  the 
register  of  the  adoptive  £uher*S  demus  {Xii^iapxiichif 
fpa^tfii^ua»\  without  which  registration  it  ap- 
pears that  he  did  not  possess  the  frill  rights  of 
ritiamship  as  a  member  of  his  new  demus. 

If  the  adoption  was  by  testament,  registration 
was  also  required,  which  we  may  presume  that  the 
peraoo  himself  might  procure  to  be  done,  if  he  was 
of  age,  or,  if  not,  his  guardian  or  next  friend.  If 
a  diqmte  arose  as  to  the  property  of  the  deceased 
(icX%»ov  SiaSixao-Ca)  between  the  son  adopted  by 
testament  and  the  next  of  kin,  there  could  properly 
be  no  registntion  of  the  adopted  son  until  the  tes- 
tsmcnt  was  established.  If  a  man  died  childless 
and  intestate,  his  next  of  kin,  according  to  the 
Athenian  rules  of  soccession  (Dem.  IIp&Aco»x» 
c6),  took  his  oroperty  by  the  right  of  blood 
(&>gcurv«a  ««Td  7^5).  Though  registration 
might  in  this  case  also  be  requireC  there  was  no 
adoption  properly  so  called,  as  some  modem  writers 
sQppose ;  for  the  next  of  kin  necessarily  belonged 
to  the  fiunily  of  the  mtestate. 

The  rales  as  to  adoption  among  the  Athenians 
are  not  quite  free  from  difficulty,  and  it  is  not  easy 
to  avoid  all  error  in  stating  them.  The  general 
doctrines  may  be  mainly  deduced  from  the  orations 
of  Isaeus,  and  those  of*  Demosthenes  against 
Macartatns  and  Leocharea. 


ADOPTIO. 


15 


2.  Roman.  The  Roman  term  was  adoptio  or 
adcptatio.  (Cell.  v.  19.)  The  Roman  relation  of 
parent  and  child  arose  either  from  a  lawful  mar- 
riage or  from  adoption.  Adoptio  was  the  general 
name  which  comprehended  the  two  species,  adoptio 
and  adroffoHo ;  and  as  the  adopted  person  passed 
from  his  own  fiunilia  into  that  of  the  person  adopt- 
ing, adoptio  caused  a  ecq>iiis  diminution  and  toe 
lowest  of  the  three  kinds.  Adoption,  in  its  specific 
sense,  was  the  ceremony  by  which  a  person  who 
was  in  the  power  of  his  parent  (  m  potestaie  parens 
tum\  whether  child  or  grandchild,  male  or  female, 
was  transferred  to  the  power  of  the  person  adopting 
him.  It  was  effected  under  the  authority  of  a 
magistrate  (tnoffidratus),  the  praetor,  for  instance, 
at  Rome,  or  a  governor  (praeaes)  in  the  provinces. 
The  person  to  be  adopted  was  mancipated  [Man- 
ciPATio]  by  his  natural  father  before  the  com- 
petent authority^  and  surrendered  to  the  adoptive 
fother  by  the  legal  fonn  called  injurt  otttio,  (GelL 
V.  19  ;  Suet  Aug,  64.) 

When  a  person  was  not  in  the  power  of  his 
parent  {mU  juri$\  the  ceremony  of  adoption  was 
called  adrogatio.  Originally,  it  could  only  be 
effected  at  Rome,  and  onl^  by  a  vote  of  the 
populus  (  pcpuli  auetoritaie)  in  the  comitia  curiata 
(2^  curiata) ;  the  reason  of  this  being  that  the 
caput  or  status  of  a  Roman  citizen  could  not, 
according  to  the  laws  of  the  Twelve  Tables,  be 
afiected  except  by  a  vote  of  the  populus  in  the 
comitia  curiata.  Clodius,  the  enemy  of  Cicero^ 
was  adrogated  into  a  plebeian  fomily  by  a  lex 
curiata,  in  order  to  qualify  himself  to  be  elected  a 
tribnnus  plebis.  (Cic  ad  Att,  ii.  7,  p.  Dom.) 
Females  could  not  be  adopted  by  the  adrogatio. 
Under  the  emperors  it  became  the  practice  to  effect 
the  adrogatio  by  an  imperial  rescript  {pritic^ 
cuictoritate,  eat  retcrgirio  prineipit) ;  but  this  practice 
had  not  become  established  in  the  time  of  Gaius, 
or,  as  it  appears,  of  Ulpian.  (Compare  Gaius,  i. 
98,  with  Gaius  as  cited  in  Dig.  i.  tit.  7.  s.  2  ;  and 
Ulpian,  Frag,  tit  8.)  It  would  seem,  however, 
from  a  passage  in  Tacitus  {HitL  L  15),  that  Galba 
adopted  a  successor  without  the  ceremony  of  the 
adrogatio.  By  a  rescript  of  the  Emperor  Anto- 
ninus Pius,  addressed  to  the  pontifices,  those  who 
were  imder  age  {impuSbere»\  ot  wards  (pupiUt)^ 
could,  with  certain  restrictions,  be  adopted  by  the 
adrogatio.  If  a  &ther  who  had  children  in  his 
power  consented  to  be  adopted  by  another  person, 
both  hhnself  and  his  children  became  in  the  power 
of  the  adoptive  father.  All  the  property  of  the 
adopted  son  became  at  once  the  property  of  the 
adoptive  fother.  (Gains,  ii  98.)  A  person  could 
not  legally  be  adopted  by  the  adrogatio  till  he  had 
made  out  a  satisfactory  case  (,/iMto,  ftono,  oaumt) 
to  the  pontifices,  who  had  the  right  of  insisting  on 
certain  preliminary  conditions.  This  power  of  the 
pontifices  was  probably  founded  on  their  riffht  to 
preserve  the  due  observance  of  the  sacra  of  each 
ffens.  (jCic  p,  Dom.  IB,  Slc,)  It  would  accord- 
mgly  have  been  a  good  ground  of  refusing  their 
consent  to  an  adrogatio,  if  the  person  to  be  adopted 
was  Hie  only  male  of  his  gens,  for  the  sacra  would 
in  such  case  be  lost  It  was  required  that  the 
adoptive  father  also  had  no  children,  and  no  rea- 
sonable hopes  of  any ;  and  that  he  should  be  older 
than  the  person  to  be  adopted.  It  is  generally 
assumed  that  all  adrogations  were  made  before  the 
curiae.  Gaius,  however,  and  Ulpian  use  the  ex- 
pressions porpopuluniy  audoritatepopuli^  expressions 


16 


ADORATIO. 


of  very  doubtful  import  with  reference  to  their 
period*  After  the  comitia  curiata  fell  into  disuse, 
it  is  moit  probable  that  there  was  no  fonnal  aa- 
semblj  of  the  curiae,  and  that  they  were  repre- 
■cnted  by  the  thirty  Uctors. 

A  wonum  could  not  adopt  a  person,  for  eyen  her 
own  children  were  not  in  her  power. 

The  rules  as  to  adoption  which  the  legislation 
of  Justinian  established,  are  contained  in  the  In- 
stitutes (I  tit  11). 

The  effect  of  adoption,  as  already  stated,  was  to 
create  the  legal  relation  of  fiither  and  son,  just  as 
if  the  adopted  son  were  bom  of  the  blood  of  the 
adoptiye  father  in  lawful  maznage.  The  adopted 
child  was  intitled  to  the  name  and  sacra  privata 
of  the  adopting  parent,  and  it  appears  thiat  the 
»reseryation  of  the  sacra  privata,  which  by  the 
liws  of  the  Twelve  Tables  were  made  perpetual, 
was  frequently  one  of  the  reasona  for  a  childless 
person  adopting  a  son.  In  case  of  intestacy,  the 
adopted  child  would  be  the  heres  of  his  adoptive 
fiither.  He  became  the  brother  of  his  adoptive 
father^  daughter,  and  therefore  could  not  many 
her ;  but  he  did  not  become  the  son  of  the  adoptive 
father^  wife,  fi>r  adoption  only  gave  to  the  adopted 
son  the  jura  agnationis.  (Qaius,  i.  97 — 107 ;  Dig. 
1.  tit  7 ;  Cic  p.  Domo.) 

The  phrase  of  **  adoption  by  testament**  (Cic 
linU,  58)  seems  to  be  rather  a  misapplication  of 
the  term ;  for  though  a  man  or  woman  might  by 
testament  name  a  heres,  and  impose  the  condition 
of  the  heres  taking  the  name  of  the  testator  or 
testatrix,  this  so-caUed  adoption  could  not  produce 
the  effects  of  a  proper  adoption.  It  could  give  to 
the  person  so  said  to  be  adopted,  the  name  or  pro- 
perty of  the  testator  or  testatrix,  but  nothing  more. 
Niebuhr  {Lectures^  voL  iL  p.  100)  speaks  of  the 
testamentaiy  adoption  of  C.  Octavins  by  C.  Julias 
Caesar,  as  the  first  that  he  knew  of ;  but  the  pas- 
sage of  Cicero  in  the  Brutut  and  another  passage 
{Ad  Hirt,  viii.  8),  show  that  other  instances  had 
occuired  before.  A  person  on  passing  fix>m  one 
gens  into  another^  and  taking  the  name  of  his  new 
fiunilia,  generally  retained  the  name  of  his  old  gens 
also,  with  the  addition  to  it  of  the  termination 
oniM.  (Cic.  ad  Att.  iil  20,  and  the  note  of  Vio- 
torius.)  Thus,  C.  Octavius,afterwards  the  Emperor 
Augustas,  upon  being  adopted  by  the  testament  of 
his  unde  the  dictator,  assumed  ue  name  of  Cains 
Julius  Caesar  Octavianus;  but  he  caused  the 
adoption  to  be  confirmed  by  the  curiae.  As  to  the 
testamentary  adoption  of  C.  Octavius,  see  Drumann, 
trMQ&icto  jRoiM,  voL  i.  p.  337,  and  the  references 
there  given.  Livia  was  adopted  into  the  Julia 
gens  by  the  testament  of  Augustus  (Tac.  Ann. 
I  8)  ;  and  it  was  not  stated  that  this  required  any 
confirmation.  But  things  were  changed  tiien.  The 
Lex  Julia  et  Papia  Poppaea  gave  certain  privileges 
to  those  who  had  childran,  among  which  privileges 
^vas  a  preference  in  being  appointed  to  the  praetor- 
ship  and  such  offices.  This  led  to  an  abuse  of  the 
practice  of  adoption ;  for  childless  persons  adopted 
children  in  order  to  qualify  themselves  for  such 
offices,  and  then  emancipated  their  adopted  chil- 
dren. This  abuse  was  checked  by  a  senatus 
consultum  in  the  time  of  Nero.  {Tac  Ann.  xv.  19  ; 
Cie.de  Of.  m,  18,  ad  Att.ym.Si  Suet  JnL  Cae*. 
8d»  7\&.  2,  &c ;  Heinec.  Syntagma;  Dig.  86.  tit 
1.  s.  63.)  [G.  L.] 

ADORATIO  (w/NHrK^o-if)  was  paid  to  the 
gods    in   the  following  manner :  —  The    person 


ADULTERIUM. 

stretched  out  his  right  hand  to  the  statOA  of  tBe 
ffod  whom  he  wished  to  honour,  then  kissed  his 
hand  and  waved  it  to  the  statue.    While  doia^ 
this  he  moved  round  his  whole  body,  fi>r  which 
custom  Plutarch  {Num,  14)  gives  some  curious 
reasons ;  but  the  true  reason  probably  was,  tfaaA 
the  pawn  might  be  the  more  surely  put  into  com- 
munication with  the  deity,  as  it  was  uncertaizi 
where   he   would   reveal    himself   as  the   deuM 
prae$ens.    It  was  also  the  practice  to  have   the 
head  and  ears  covered,  so  that  only  the  forepart  of 
the  fiice  remained  imcovered.  (PUn.  N.  H.  xzviii. 
5  ;   Minudus  Felix,  2  ;  Lucret  t.  1197.)      The 
adoroHo  differed  firom  the  croHo  or  prayers,  which 
were  offered  with  the  hands  fi>lded  together  and 
stretched  out  to  the  gods,  the  natural  attitude  pre- 
scribed by  nature  to  the  suppliant,  and  which  we 
find  mentioned  by  Homer.     {II.  vil  177;  ^wrtd- 
trfuera  x^P^*  Mtch.  Prom,  1004 ;  eaelo  mpituu 
/hrre  mamtg,  Hor.  Chrm.  iil  23. 1.)    The  adoration 
paid  to  the  Roman  emperon  was  borrowed  from 
the  eastern  mode  of  adoration,  and  consisted    in 
prostration  on  the  ground,  and  kissing  the  feet  and 
knees  of  the  emperor. 
ADROGA'TIO.    [Adoptio  (Roman).] 
ADSCRIPTFVI.    fAccENSi.] 
ADSERTOR.     [Assxrtor.] 
ADSESSOR.    [Assessor.] 
ADSIGNATIO.      [Agharias  Lxobs   and 
AoxR.] 
ADSTIPULA'TIO.    [Oblioationbs.] 
ADSTIPULA'TOR.    [Intkrcbssio.] 
ADULTUS.    [Inpans.] 
ADULTER'IUM,    adultery.        I.    Grbbk. 
Among  the  Athenians,  if  a  man  caught  another 
man  in  the  act  of  criminal  intercourse  {fioixM^ 
with  his  wife,  he  might  kill  him  with  impunity  ; 
and  the  law  was  also  the  same  with  respect  to  a 
concubine  (voAAoic^).     He  might  also  inflict  other 
punishment  on  the  o^nder.  It  appears  that  amoog 
the  Athenians  there  was  no  adultery,  unless  a 
mairied  woman  was  concerned.  (Lysias,  Tir^p  rov 
*EpetTocHiHwt  ^yw.)    But  it  was  no  adultery  for 
a  man  to  have  connection  with  a  married  woman 
who  prostituted  herself  or  who  was  engaged  in 
selling  any  thing  in  the  agora.   (Demosth.  Kor^ 
Ncoipof,  c.  18.)     The  Roman  law  appears  to  have 
been  pretty  nearly  the  same.  (Paulus,  Sent.  Beoept. 
vi.  tit  26.)    The  husband  might,  if  he  pleased, 
take  a  sum  of  money  fiom  the  adulterer  by  way  of 
compensation,  and  detain  him  till  he  fi>und  sureties 
for  the  payment     If  the  all«^  adulterer  had 
been  unjustly  detained,  he  might  bring  an  action 
against  the  husband ;  and,  if  he  gained  his  cause, 
he  and  his  sureties  were  released.     If  he  failed, 
the  law  required  the  sureties  to  deliver  up  the 
adulterer  to  the  husband  before  the  court,  to  do 
what  he  pleased  with  him,  except  that  he  was  not 
to  use  a  knife  or  dagger.  (Demosth.  Kar&  Nco^. 
18.) 

The  husband  might  also  prosecute  the  adulterer 
in  the  action  called  /taix^iat  ypap^.  If  the  act  of 
adultery  was  proved,  the  husband  could  no  longer 
cohabit  with  his  wife  under  pain  of  losing  his 
privileges  of  a  dtixen  (&ri/Ja).  The  adulteress  was 
excluded  even  fiom  those  temples  which  foreign 
women  and  slaves  were  allowed  to  enter ;  and  if 
she  was  seen  there,  any  one  mi^ht  treat  her  as  he 
pleased,  provided  he  did  not  kill  her  or  mutilate 
oer.  (Dem.  Kara  Ncolp.  c22;  Aeschin.  Kari 
Ti/Jidpx.  c.  86.) 


ADULTERIUM. 

2.  Roman.  Adnlteriiim  jooperlj  i^nifiea,  b 
the  Romsm  law,  the  ofienoe  committed  by  a  man, 
married  or  uxmumied,  having  sexual  intercoone 
with  another  man'ft  wife.  Stultram  (called  by 
fte  Greeks  ^^opd}  signifies  the  commerce  with  a 
vidov  or  a  Tiigin.  It  was  the  condition  of  the 
feirm^  which  detennined  the  legal  character  of 
adolteiy ;  there  was  no  adultery  imless  the  female 
vas  manied.  It  -is  stated,  howerer  (Dig.  48. 
UL  5.  s.  1 3),  that  a  waoian  might  commit  adultery 
vbether  she  was  ^  justa  uxor  sire  injusta,**  the 
meaaixig  of  which  is  not  quite  certain ;  but  pro- 
idbly  k  means  whether  she  was  liying  in  a  mar- 
ria^  recognised  as  a  marriage  by  the  Roman  law 
or  merely  by  the  jus  gentium.  The  male  who 
ojcnmitted  adultery  was  aduUer^  the  female  was 
'Ui^Itera.  The  Latin  writers  were  pnsslcd  about 
Lbe  etymology  of  the  word  adolterium  ;  but  if  we 
hi<k  to  its  various  significations  besides  that  of 
illegal  sexual  commerce,  we  may  safely  refer  it  to 
the  same  root  as  that  which  appears  in  adultus. 
The  notioii  is  that  of  ** growing  to,**  ""  fixing,**  or 
**  iteming  to,**  one  thing  on  anoUier  and  extra- 
E-oos  tiling:  hence,  among  other  meanings,  the 
Kuaiaiis  used  adulterium  and  adulteratio  as  we 
c^  the  word  **  adalteratian,**  to  express  the  cor- 
rupting (^  a  thing  by  mixing  something  with  it  of 
l-ss  ^^Ine. 

In  the  time  of  Augustus  a  lex  was  enacted 
(probably  B.C.  17),  intitled  Lex  Julia  <U  Adul- 
Uriis  ooeromdia^  the  first  chapter  of  which  repealed 
s'lme  prior  enactments  on  the  ume  subject,  with 
the  i»oTisians  of  which  prior  enactments  we  are, 
h'>i7eTer,  unacquainted.  Horace  {Qimi,  vr.  5.  21) 
aliades  to  the  Julian  Jaw.  In  this  law,  the  terms 
ad:ulterinm  and  stupnmi  are  used  mdifferently ;  but, 
fttridly  speakings  these  two  terms  dififered  as  aboye 
stated.  The  curf  prorisions  of  this  hiw  may  be 
collected  from  the  S^t  (48.  tit  5),  ifrom  Panlus 
iJSentent.  ReeepL  ii  tit.  26.  ed.  Schulting),  and  Bris- 
Bonius  {AdLepemJvliamDeAdulieriii^  Lib.  Sing.). 

It  seems  not  unlikdy  that  the  enactments  re> 
pealed  by  the  Julian  law  contained  special  penal 
provisiiOQs  against  adultcfy;  and  it  is  also  not 
improbable  tmU,  by  the  old  law  or  custom,  if  the 
adulterer  was  caught  in  the  fiict,  he  was  at  the 
mercy  of  the  injund  husband,  and  that  the  hus- 
band mi^t  punish  with  death  his  adulterous  wife. 
(Dionys.  u.  25  ;  Suet.  Tib.  35.)  It  seems,  also, 
that  originally  the  act  of  adultery  might  be  pro- 
seoited  by  any  person,  as  being  a  public  offence  ; 
but  under  the  emperors  the  right  of  prosecution 
was  limited  to  ihe  husband,  &ther,  brother,  pa- 
tnitts,  and  aTuncnlos  of  the  adulteress. 

By  the  Julian  law,  if  a  husband  kept  his  wife 
after  an  act  of  adultery  was  known  to  him,  and  let 
the  adulterer  off,  he  was  guilty  of  the  offence  of 
lenociniuuL.  The  husband  or  &ther  in  whose 
power  the  adulteress  -was,  had  sixty  days  allowed 
for  commencing  proceedings  against  the  vrifc,  after 
which  time  any  other  person  might  prosecute. 
(Tacit.  Jtm,  ii.  85.)  A  woman  conricted  of 
adultery  was  mulcted  In  half  of  her  dos  and  the 
third  part  of  her  property  (Uma\  and  banished 
(releffoia)  to  some  misemble  island,  such  as  Seri- 
i>hoa,  for  instance.  The  adulterer  was  mulcted  in 
half  his  property,  and  banished  in  like  manner, 
but  not  to  the  same  island  as  the  woman.  The 
adulterer  and  adulteress  were  subjected  also  to 
ciril  incapacities ;  but  this  law  did  not  inflict  the 
punishment  of  death  on  either  party  ;  and  in  those 


ADVOCATUS. 


17 


instances  under  the  emperan  in  which  death  ^-as 
inflicted,  it  must  be  considered  as  an  extraordinary 
punishment,  and  beyond  the  provisions  of  the 
Julian  law.  (Tacit  Ann,  iL  50,  iil  24 ;  J.  Lips. 
Eteatn,  ad  Tacii.  Aim,  iv.  42 ;  Noodt,  CJp,  Omn.  i. 
286,  Slc)  But  by  a  constitution  of  Constantino 
(Cod.  ix.  30,  if  it  is  genuine),  the  offence  in  the 
adulterer  was  made  capital.  By  the  legislation  of 
Justinian  (Nov,  134.  c  10),  the  law  of  Con- 
stantino was  probably  only  confirmed;  but  the 
adulteress  was  put  into  a  convent,  after  being  first 
whipped.  If  her  husband  did  not  take  her  out  in 
two  yean,  she  was  compelled  to  assume  the  habit, 
and  to  spend  the  rest  of  her  life  in  the  convent 

The  Julian  law  permitted  the  lather  (both 
adoptive  and  natnnl)  to  kill  the  adulterer  and 
adulteress  in  certain  cases,  as  to  which  there  were 
seveml  nice  distinctions  established  by  the  law. 
If  the  father  killed  only  one  of  the  parties,  he 
brought  himself  within  the  penalties  of  the  Cor- 
nelia kw  De  Sicariis.  The  husband  might  kill 
persons  of  a  certain  dass,  described  in  the  law, 
whom  he  caught  in  the  act  of  adultery  with  his 
wife ;  but  he  could  not  kill  his  wife.  The  hus- 
band, by  the  fifth  chapter  of  the  Julian  law,  could 
detain  for  twenty  hours  the  adulterer  whom  he 
had  caught  in  the  foct,  for  the  purpose  of  calling 
in  witnesses  to  prove  the  adultery.  If  the  wife 
was  divorced  for  adultery,  the  husband  was  in- 
titled  to  retain  part  of  the  dos.  (Ulpian,  Fr,  vL 
12.)  The  authorities  for  the  Lex  Julia  de  Adul- 
teriis,  both  ancient  and  modem,  are  collected  by 
Kein,  Das  Crimimilncht  der  Rdmer^  1844.  [O.  L.] 

ADVERSA'RIA,  note-book,  memorandum- 
book,  posting-book,  in  which  the  Romans  entered 
memoranda  of  any  importance,  especially  of  money 
received  and  expended,  which  i^ere  afterwards 
transcribed,  usually  every  month,  into  a  kind  of 
ledger.  {Thlndae  juttae^  eodex  accepti  et  erpenn.) 
They  were  probably  called  Advermria,  because 
they  lay  always  open  before  the  eyes.  (Cic.  p.  Rote 
Com,  3  ;  Prop,  iil  23.  20.) 

ADVERSA'RIUS.     [Actor.] 

ADU'NATI  (oi^aToi),  persons  supported  by 
the  Athenian  state,  who,  on  account  of  mfirmity  or 
bodily  defects,  were  unable  to  obtain  a  livelihood. 
The  sum  which  they  received  from  the  state  ap- 
pears to  have  varied  at  different  times.  In  the 
time  of  Lysias  and  Aristotle,  (me  obolus  a  day 
was  given  ;  but  it  appears  to  have  been  afterwards 
increased  to  two  oboli.  The  bounty  was  restricted 
to  persons  whose  property  was  under  three  minae. 
It  was  awarded  by  a  decree  of  the  people  ;  but 
the  examination  of  the  individuals  belonged  to  the 
senate  of  the  Five  Hundred :  the  payments  were 
made  by  prytaneiaa.  Peisistratus  is  said  to  have 
been  the  fint  to  introduce  a  law  for  the  mainte- 
nance of  those  persons  who  had  been  mutilated  in 
war ;  but,  according  to  others,  this  provision  de- 
rived its  origin  finom  a  law  of  Solon.  (Plut  «Sit>^. 
31  ;  Schol.  ad  Aetek,  vol.  iil  p.  738,  ed.  Reiske  ; 
Aesch.  c.  Tint,  p.  123  ;  Haipocrat  Suid.  Hesych. 
s.  V, ;  Lysias,  *Tir\p  rov  'ASvydrov,  a  spc  ech 
written  for  an  individual  in  order  to  prove  that  he 
was  intitled  to  be  supported  by  the  state  ;  B5ckh, 
FvUie  Econ.  (/Athens,  p.  242,  &c.  2nd  edit) 

ADVOCA'TUS  seems  originally  to  have  signi- 
fied any  person  who  gave  another  his  md  in  any 
affair  or  business,  as  a  witness  for  instance  (Varr. 
De  Re  Rust,  il  c  5)  ;  or  for  the  purpose  of  aiding 
and  protecting  him  in  taking  possession  of  a  piece 


18 


AEDILES. 


of  propsrty.  (Cic  pro  Caecin,  c.  8.)  It  waa 
also  used  to  ezpresa  a  person  who  gave  his  advice 
and  aid  to  anotner  in  the  management  of  a  cause, 
as  a  jiiris-consultus  did  ;  bnt  the  word  did  not 
signify  the  orator  or  patronns  who  made  the  speech 
(Cic.  da  Orat,  it  74)  in  the  time  of  Cicero.  Under 
the  emperors,  it  signified  a  person  who  in  any  way 
assisted  in  the  conduct  of  a  cause  (Dig.  50.  tit  18. 
8.  1),  and  was  sometimes  equiviilent  to  orator. 
(Tacit  Ann.  x.  6.)  The  advocate  had  then  a  fee, 
which  was  called  honorarium.  [Orator,  Pa- 
tron us.  Lex  Cincia.] 

The  advocatus  is  defined  by  Ulpian  (Dig.  50, 
tit  13)  to  be  any  person  who  aids  another  in  the 
conduct  of  a  suit  or  action  ;  but  under  the  empire 
the  jurisconsult!  no  longer  acted  as  advocates,  in 
the  old  sense  of  that  term.  They  had  attained  a 
higher  position  than  that  which  they  held  under 
the  republic. 

The  advocatus  fisci  was  an  important  officer 
established  by  Hadrianus.  (Spart  Hadrian,  60.) 
It  was  his  business  to  look  a&er  the  interests  of 
the  fiscus  or  the  imperial  treasury,  and,  among 
other  things,  to  maintain  its  title  to  bona  eaduoa. 
The  various  meanings  of  advocatus  in  the  Middle 
Ages  are  given  by  Du  Omge,  Glon,  (Dig.  28. 
tit  4.  s.  3 ;  HoUweg,  Handbueh  des  CivilproafesteB, 
p.  196.)  [G.L.J 

A'DYTUM.     [Templum.] 

AEACEIA  (a((iKcta),  a  festival  of  the  Aegi- 
netans  in  honour  of  Aeacus,  the  details  of  which 
are  not  known.  The  victor  in  the  games  which 
were  solemnised  on  the  occasion,  consecrated  his 
chaplet  in  the  magnificent  temple  of  Aeacus. 
(SchoL  ad  Find.  OL  vii.  156,  xiii  155 ;  MUUer, 
Aegmetioa^  p.  140.)  [L.  S.] 

AEDES.    [DoMUS;  Templum.] 

AEDES  VITIO'SAE,  RUINO'SAK  [Dam- 
num Infectum.] 

AEDI'CUL  AE,  signifies  in  the  singiilar,  a  room, 
but  in  the  plunU,  a  small  house.  It  is,  however, 
more  frequently  used  in  the  sense  of  a  shrine,  at- 
tached to  the  walls  of  temples  or  houses,  in  which 
the  statue  of  a  deity  was  placed.  The  aediculae 
attached  to  houses,  sometimes  contained  the  pe- 
nates  of  the  house,  but  more  frequently  the 
guardian  gods  of  the  street  in  which  they  were 
placed.     (Liv.  xxxv.  41  ;  Petron.  2d.) 

AEDI'LES  {hryopaofiiun).  The  name  of  these 
functionaries  is  said  to  be  derived  from  their 
having  the  care  of  the  temple  (aedes)  of  Ceres. 
The  aediles  were  originally  two  in  number,  and 
called  aediles  plebeii ;  they  were  elected  firom  the 
plebes,  and  the  institution  of  the  office  dates  from 
the  same  time  as  that  of  the  tribuni  plebis,  b.  a 
494.  Their  duties  at  first  seem  to  have  been 
merely  ministerial ;  they  were  the*  assistants  of 
the  tribunes  in  such  matters  as  the  tribunes  en- 
trusted to  them,  among  which  are  enumerated  the 
hearing  of  causes  of  smaller  importance.  At  an 
early  period  after  their  institution  (b.  c.  446),  we 
find  them  appointed  the  keepers  of  the  senatus 
consulta,  which  the  consuls  had  hitherto  arbitrarily 
suppressed  or  altered.  (Liv.  iiL  55.)  They  were 
also  the  keepers  of  the  plebiscita.  Other  functions 
were  gradually  entrusted  to  them,  and  it  is  not 
always  easy  to  distinguish  their  duties  from  some 
of  those  which  belong  to  the  censors  ;  nor  to  dis- 
tinguish all  the  duties  of  the  plebeian  and  curule 
aediles,  after  the  establishment  of  the  curule 
aedilcship.    Tbt^  bad  the  general  superintendence 


AEDILES. 

of  buildings,  both  sacred  and  private :  under  thia 
power  they  provided  for  the  support  and  repair  of 
temples,  curie,  &c.,  and  took  caie  that  private 
buildings  which  were  in  a  ruinous  state  (aedes 
vitioaae^  ruinoaae)  were  repaired  by  the  owners,  or 
pulled  down.  The  superintendence  over  the  supply 
and  distribution  of  water  at  Rome  was,  at  an  early- 
period,  a  matter  of  public  administration.  Ac- 
cording to  Frontinus,  this  was  the  duty  of  the 
censors  ;  but  when  there  were  no  censors,  it  waa 
within  the  province  of  the  aediles.  The  care  of 
each  particular  source  or  supply  was  fiurmed  to  un> 
dertakers  {redemptores),  and  all  that  they  did  waa 
subject  to  the  approbation  of  the  censors  or  the 
aediles.  {De  Aquaeduct.  Rom.  lib.  iL)  The  care  of 
the  streets  and  pavements,  with  the  cleansing  and 
draining  of  the  city,  belonged  to  the  aediles,  and 
the  care  of  the  cloacae.  They  had  the  office  of 
distributing  com  among  the  plebes,  which  waa 
sometimes  given  gratuitously,  sometimes  sold  at  a 
cheap  rate  ;  bnt  this  distribution  of  com  at  Rome 
must  not  be  confounded  with  the  duty  of  purchasing 
or  procuring  it  from  foreign  parts,  which  was  per- 
formed by  8ie  consuls,  quaestors,  and  praetors,  and 
sometimes  by  an  extraordinary  magistrate,  as  the 
praeflBctus  annonae.  The  aediles  had  to  see  that 
the  public  lands  were  not  improperly  used,  and 
that  the  pasture-grounds  of  the  state  were  not 
trespassed  on  ;  and  they  had  power  to  punish  by 
fine  any  unlawful  act  in  this  respect  The  fines 
were  employed  in  paving  roads,  and  in  other 
public  purposes.  They  nad  a  general  superin- 
tendence over  buying  and  selling,  and,  as  a  con- 
sequence, the  supenrision  of  the  markets,  of  things 
exposed  to  sale,  such  as  slaves,  and  of  weights  and 
measures :  from  this  part  of  their  duty  is  derived 
the  name  under  which  the  aediles  are  mentioned 
by  the  Greek  writers  (&7opoy^/iot).  It  was  their 
business  to  see  that  no  new  deities  or  religious 
rites  were  introduced  into  the  city,  to  look  after 
the  observance  of  religious  ceremonies,  and  the 
celebrations  of  the  ancient  feasts  and  festivals. 
The  general  superintendence  of  police  compre- 
hended the  duty  of  preserving  order,  decency,  and 
the  inspection  of  the  baths,  and  houses  of  enter- 
tainment, of  brothels,  and  of  prostitutes.  The 
aediles  had  various  officers  under  them,  as  prae- 
cones,  scribae,  and  viatores. 

The  Aediles  Curales,  who  were  also  two  in 
number,  were  originally  chosen  only  from  the  pa- 
tricians, afterwards  alternately  from  the  patricians 
and  the  plebes,  and  at  last  indifferontly  from 
both.  (Liv.  vil  1.)  The  office  of  curule  aediles 
was  instituted  a  a  365,  and,  according  to  Livy, 
on  the  occasion  of  the  plebeian  aediles  reftuing  to 
consent  to  celebrate  the  ludi  maximi  for  the  space 
of  four  days  instead  of  three  ;  upon  which  a 
senatus  consultum  was  passed,  by  which  two 
aediles  were  to  be  chosen  firom  the  patricians. 
From  this  time  four  aediles,  two  plebeian  and 
two  curule,  were  annually  elected.  (Lir.  vi.  42.) 
The  distinctive  honours  of  the  aediles  curules 
were,  the  sella  curalis,  from  whence  their  title  is 
derived,  the  toga  praetexta,  precedence  in  speaking 
in  the  senate,  and  the  jus  inuiginum.  (Cic 
Verr.  v.  14.)  Only  the  aediles  curules  had  the 
jus  edioendi,  or  the  power  of  promulgating  edicta 
(Oaius,  i.  6)  ;  but  the  rales  comprised  m  their 
edictn  served  for  the  guidance  of  all  the  aediles. 
The  edicta  of  the  cumie  aediles  wero  founded  on 
their  authori^  as  superintendents  of  the  marketSi 


AEDILES. 

and  of  liBjiiigmd  Belling  in  gencial.  Accordinglj, 
tbcir  edicts  had  mainlj,  or  perhaps  solely,  reference 
to  the  lulcs  as  to  buying  and  selling,  and  contracts 
far  beigain  and  sale!.  They  were  the  foundation 
of  the  actionea  aediliciae,  among  which  are  included 
ikeadhniiibitoriayBndgmMMHmmori».  (Dig.  21. 
ta.1.  De  AedOiao  JSdkto ;  OelL  iv.  2.)  A  great 
part  of  the  prorisioins  of  the  aediles'*  edict  relate  to 
tke  haying  and  selling  of  slaves.  The  persons 
both  of  the  plebeian  and  cumle  aediles  were  sa- 
CTMBBeti.    (LiT.  iiL  55.) 

It  seems  that  after  the  appointment  of  the 
eirde  aediles,  the  functions  formerly  exercised 
br  the  plebeian  aediles  were  exercised,  with  some 
iev  exeepCiooa,  by  all  the  aediles  indifierently. 
Witkin  fire  days  after  being  elected  or  entering 
OQ  office^  they  were  required  to  determine  by  lot, 
«  by  agreement  among  themselves,  what  parts  of 
the  city  each  sfaoold  take  under  his  superintend- 
oee;  and  each  aedile  alone  had  the  care  of 
loaking  after  the  paving  and  cleansing  of  the 
rinetS)  and  other  matters,  it  may  be  presumed,  of 
the  isoie  local  character  vrithin  his  district  {TabuL 
Bend.  cd.  Maaoch.) 

In  the  superintendence  of  the  pubUe  festivals 
sfid  solemnitiesi,  there  was  a  further  distinction 
between  the  two  sets  of  aedSes.  Many  of  these 
fcstiTBls,  such  as  those  of  Flora  (Cic.  Verr.  v.  14  ; 
(hid.  Fad.  v.  278,  &c.)  and  Ceres,  were  superin- 
teaded  by  eith^  set  of  aediles  indifferently  ;  but 
tbe  plebeian  gamea  {pftheU  ludt)  were  under  the 
npetitttendence  of  the  plebeian  aediles  (Liv.  xzxi 
M).),  who  had  an  allowance  of  money  for  that 
pnrpose;  and  the  fines  levied  on  the  pecuarii, 
and  otbcrs,  seem  to  have  been  appropriated  to 
these  smong  other  public  pmposes.  (Liv.  x.  23  ; 
zxrn.  6  ;  Ovid.  Fatt,  v.  278,  &c.)  The  celebra- 
tion of  the  Ludi  magni  or  Romani,  of  the  Ludi 
■cenict,  and  the  ZaxS.  Megalesii  or  Megalenses, 
bekogcd  spedaDy  to  the  cumle  aediles  (Liv. 
nxi  50 ;  and  the  Didascaliae  to  the  plays  of 
Tcfeaee),  and  it  was  on  such  occasions  tnat  they 
often  incmnd  a  pirodigious  expense,  with  the  view 
'   [  the  people  and  securing  their  votes  in 


AEDILE& 


19 


fntBit  deoions.  This  extravagant  expenditure  of 
tbe  sediks  aroae  alter  the  dose  of  the  second 
l^me  wai^  and  increased  with  the  opportunities 
which  iadividnals  had  of  enriching  themselves 
*^  the  Roman  arms  were  carried  into  Greece, 
Afries,  and  Spain.  Even  the  prodigality  of  the  em- 
poms  bardly  sorpaased  that  of  individual  curule 
sediles  under  the  lepnblic ;  such  as  C.  Julius 
Caesar  (Phit  Ousor,  5)  afterwards  the  dictator, 
P.  Coraelins  Lentolus  Spmther ;  and,  above  all, 
M.  Aeinlins  Scaorua,  whose  expenditure  was  not 
Inoted  to  hare  show,  but  comprehended  objects 
of  paUic  utility,  as  the  repeiation  of  walls,  dock- 
ywh,  ports,  and  aquaeducts.  (Cicde  Qf.n.\7  ; 
Plin.  H,  K  xxxm.  3,  xxxvi  15.)  An  instance  is 
BotaoBcd  by  Dion  Gsssius  (xliil  48)  of  the  Ludi 
Megdon  being  superintended  by  the  plebeian 
*^^» ;  hut  it  was  done  pursuant  to  a  senatns 
nosaham,  and  thus  the  particular  exception  con- 
few  the  general  rule. 

la  &  a  45,  Julius  Caesar  caused  two  curule 
a^^iks  and  four  plebeian  aediles  to  be  elected ; 
Bid  theneeforward,  at  leaat  so  long  as  the  office  of 
Mdile  was  of  any  importance,  six  aediles  were 
Bunally  elected.  The  two  new  plebeian  aediles 
^m  called  Cerealea,  and  their  duty  was  to  look 
■ftcr  tbe  supply  of  eon.    Though  their  office  may 


not  have  been  of  any  great  importance  after  the 
institution  of  a  pFEtefSecUis  annonae  by  Augustus, 
there  is  no  doubt  that  it  existed  for  several  cen- 
turies, and  at  least  as  late  as  the  time  of  Oordian. 

The  aediles  belonged  to  the  class  of  the 
minores  magislnitus.  Dionysius  states  that  the 
aediles  were  originally  chosen  at  the  comitia 
curiata  (ix.  43)  ;  but  this  is  not  probable.  The 
plebeian  aediles  were  originally  chosen  at  the 
comitia  centuriata,  but  afterwards  at  the  comitia 
tributa  (Dionys.  vL  90.  ix.  43.  49  ;  Liv.  ii  56, 
57),  in  which  comitia  the  curule  aediles  also  were 
chosen,  at  the  same  time  (Plut  Marita,  5) ;  but 
it  appears  that  there  was  a  separate  voting  for 
the  curule  and  the  plebeian  aediles,  and  that  the 
curule  aediles  were  elected  first  It  appears  that 
until  the  lex  annalis  was  passed,  a  Roman  citizen 
might  be  a  candidate  for  any  office  after  completing 
his  twenty-seventh  year.  This  lex  annalis,  which 
was  passed  at  the  instance  of  the  tribune  L. 
Villins  Tappolus,  &c.  180,  fixed  the  age  at  which 
each  office  might  be  enjoyed.  (Liv.  xl.  44.) 
The  passage  of  Livy  does  not  mention  what  were 
the  ages  fixed  by  this  law  ;  but  it  is  collected 
from  various  passages  of  Roman  writers,  that  the 
age  fixed  for  the  aedileship  was  thirty-six.  This, 
at  least,  was  the  age  at  which  a  man  could  be  a 
candidate  for  the  curule  aedileship,  and  it  does  not 
appear  that  there  was  a  different  rule  for  the 
plebeian  aedileship.  In  Cicero^s  time,  the  aediles 
were  elected  some  time  in  July,  the  usual  place  of 
election  was  the  Field  of  Mars  (Campus  Martins), 
and  the  presiding  magistrate  was  a  consul. 

The  aediles  existed  under  the  emperors  ;  but 
their  powers  were  gradually  diminished,  and  their 
functions  exercised  by  new  officers  created  by  the 
emperara.  After  the  battle  of  Actium,  Augustus 
appointed  a  praefectua  urbi,  who  exercised  the 
general  police,  which  had  formerly  been  one  of  the 
duties  of  the  aediles.  Augustus  also  took  from 
the  aediles,  or  exercised  himself^  the  office  of 
superintending  the  religious  rites,  and  the  banish- 
ing from  the  dty  of  all  foreign  ceremonials  ;  he 
also  assumed  the  superintendence  of  the  temples, 
and  thus  may  be  said  to  have  destroyed  the  aedile- 
ship by  depriving  it  of  its  old  and  original  func- 
tion. This  will  serve  to  explain  the  fact  men- 
tioned by  Dion  Cassius  (Iv.  24),  that  no  one 
was  willing  to  hold  so  contemptible  an  office,  and 
Augustus  was  therefore  reduced  to  the  necessity 
of  compelling  persons  to  take  it :  persons  were  ac* 
cordingly  chosen  by  lot,  out  of  those  who  had 
served  the  office  of  quaestor  and  tribune  ;  and  this 
was  done  more  than  once.  The  last  recorded  in- 
stance of  the  splendours  of  the  aedileship  is  the 
administration  of  Agrippa,  who  volunteered  to  take 
the  office,  and  repaired  all  the  public  buildings  and 
all  the  roads  at  nis  own  expense,  without  dmwing 
anything  from  the  treasury.  (Dion  Cass.  xlix.  43 ; 
Plin.  H.  N.  xxxvl  15.)  The  aedileship  had, 
however,  lost  its  true  character  before  this  time. 
Agrippa  had  already  been  consul  before  he  accepted 
the  office  of  aedile,  and  his  munificent  expenditure 
in  this  nominal  office  was  the  dose  of  the  splendour 
of  the  aedileship.  Augustus  appointed  the  ainile 
aedilea  specially  to  the  office  of  putting  out  fires, 
and  placed  a  body  of  600  slaves  at  their  command ; 
but  the  praefecti  vigilum  afterwards  performed  this 
duty.  In  like  manner  the  cmraloreg  viarum  were 
appointed  by  him  to  superintend  the  roads  near 
the  dty,  tCaa  the  quatuorviri  to  superintend  those 
c  2 


20 


AEGINETARUM  FERIAK 


within  Rome.  The  curatores  optirum  puUicorum 
and  the  cttratores  cUvei  Tiberis,  also  appointed  by 
Augustus,  stripped  the  aediles  of  the  remaining 
few  duties  that  might  be  called  honourable.  They 
lost  also  the  superintendence  of  wells,  or  springs, 
and  of  the  aquaieducts.  (Frontinus  ii.  De  Aquaa- 
ducHbus.)  They  retained,  under  the  early  em- 
perors, a  kind  of  police,  for  the  purpose  of  repress- 
ing open  licentiousness  and  disorder:  thus  the 
baths,  eating-houses,  and  brothels  were  still  sub- 
ject to  their  inspection,  and  the  registration  of 
prostitutes  was  still  within  their  duties.  (Tacit 
Aimed,  ii.  85.)  We  read  of  the  aediles  under 
Augustus  making  search  after  libellous  books,  in 
order  that  they  might  be  burnt ;  and  also  under 
Tiberius  (Tacit  Ann.  iv.  36.) 

The  coloniae,  and  the  municipia  of  the  later 
period,  had  also  their  aediles,  whose  numbers  and 
functions  varied  in  different  places.  They  seem, 
however,  as  to  their  powers  and  duties,  to  have  re- 
sembled the  aediles  of  Rome.  They  were  chosen 
annually.  (De  Aedd.  CoI.,Slc  Otto.  Lips.  1732.) 

The  history,  powers,  and  duties  of  the  aediles 
are  stated  with  great  minuteness  by  Schubert,  De 
Jlomattorum  AedUibas^  lib.  iv.  Regimontii,  1828. 
See  also  Wunder,  De  Romanorum  ComUiis  Aedi- 
littm  Curulium^  in  his  edition  of  Cicero^s  Oration 
Pro  Cn.  Plancio,  Leipzig,  1830.  [O.  L.] 

AEDI'TUI,  AEDI'TUMI,  AEDFTIMI 
(vfUKSpoi,  CdKopoi\  persons  who  took  care  of  the 
temples,  and  attended  to  the  cleaning  of  them. 
Notwithstanding  this  menial  service,  they  partook 
of  the  priestly  character,  and  are  sometimes  even 
called  priests  by  the  Greek  granmiarians.  (Suid. 
Hesych.  Etym.  M.  ».  v.  (dKopos  ;  Pollux,  i.  14.) 
In  many  cases  they  were  women,  as  Timo  in 
Herodotus  (vi.  134),  who  also  speaks  of  her  as 
^oioKopos^  from  which  it  is  clear  that  in  some 
places  several  of  these  priests  must  have  been  at- 
tached to  one  and  the  same  temple,  and  that  they 
differed  among  themselves  in  rank.  Subsequently ' 
the  menial  services  connected  with  the  office  of  the 
Neoeori  were  left  to  slaves,  and  the  latter  became  a 
title  given  to  priestly  officers  of  high  rank,  of  whom  an 
account  is  given  in  a  separate  article.  [Neocori.J 
The  aeditui  lived  in  the  temples,  or  near  them, 
and  acted  as  ciceroni  to  those  persons  who 
wished  to  see  them.  (Plin.  H.  M  xxxvi.  4.  §  10  ; 
Cio.  Verr.  iv.  44 ;  Liv.  xxx.  17 ;  Schol.  ad  Hor. 
Ep.  iL  1.  230.)  In  ancient  times  the  aeditui  were 
citizens,  but  under  the  emperors  freedmen.  (Serv. 
ad  Virg.  Aen.  ix.  648.) 

AEGINETA'RUM  FE'RIAE  {Pdyivjtr&v 
iopr-fi)^  a  festival  in  honour  of  Poseidon,  which 
lasted  sixteen  days,  during  which  time  every 
family  took  ;ts  meals  quietly  and  alone,  no  slave 
being  allowed  to  wait,  and  no  stranger  invited  to 
partake  of  them.  From  the  circimistancc  of  each 
family  being  closely  confined  to  itself,  those  who 
solenmised  this  festival  were  called  fiovo^yoi. 
Plutarch  {Quaest.  Graec  44)  traces  its  origin  to  the 
Trojan  war,and  says  that,as  many  of  the  Aeginetans 
had  lost  their  lives,  partly  in  the  siege  of  Troy  and 
partly  on  their  return  home,  those  who  reached 
their  native  island  were  received  indeed  with  joy 
by  their  kinsmen  ;  but  in  order  to  avoid  hurting 
the  feelings  of  those  families  who  had  to  lament 
the  loss  of  their  friends,  they  thought  it  proper 
neither  to  show  their  joy  nor  to  offer  any  sacrifices 
in  public.  Every  family,  therefore,  entertained 
privately  their  friends  who  had  returned,  and 


AEGia 
acted  themselves  as  attendants,  though  not  with- 
out rejoicings.  [  L*  S.  ] 

AEGIS  {cuyls\  the  shield  of  Zeus,  signifies 
literally  a  goat-skin,  and  is  formed  on  the  same 
analogy  with  ytSpls^  a  fiiwn-skin.  (Herod,  iv.  189.) 
According  to  ancient  mythology,  the  aegis  worn  by 
Zeus  was  the  hide  of  the  goat  Amaltheia,  which 
had  suckled  him  in  his  infimcy.  Hyginns  relates 
(Astron.  Poet.  13),  that,  when  he  was  preparing 
to  resist  the  Titans,  he  was  directed,  if  he  wished 
to  conquer,  to  wear  a  goat-skin  with  the  head  of 
the  Gorgon.  To  this  particular  goat-skin  the  term 
aegis  was  afterwards  confined.  Homer  always  re- 
presents it  as  part  of  the  armour  of  Zeus,  whom  on 
this  account  he  distinguishes  by  the  epithet  asffis- 
bearing  (aiyioxoi).  He,  however,  asserts,  that  it 
was  borrowed  on  different  occasions  both  by  Apollo 
(II.  XT.  229,  307—318,  360,  xxiv.  20),  and  by 
Athena  (IL  ii.  447-^449,  xviii.  204,  xxi.  400). 

The  skins  of  various  quadrupeds  having  been 
used  by  the  most  ancient  inhabitants  of  Greece 
for  clothing  and  defence,  we  cannot  wonder  that 
the  goat-skin  was  employed  in  the  same  manner. 
It  must  also  be  borne  in  mind  that  the  heavy 
shields  of  the  ancient  Greeks  were  in  part  sup- 
ported by  a  belt  or  strap  (rfKofi^u,  baUeus)  paaaing 
over  the  ri^ht  shoulder,  and,  when  not  elevated 
with  the  shield,  descending  transversely  tu  the  left 
hip.  In  order  that  a  goat-skin  might  serve  this 
purpose,  two  of  its  legs  woiUd  probably  be  tied 
over  the  right  shoulder  of  the  wearer,  the  other 
extremity  being  fastened  to  the  mside  of  the  shield. 
In  combat  the  left  arm  would  be  passed  under  the 
hide,  and  would  raise  it  together  with  the  shield, 
as  IS  shown  in  a  marble  statue  of  Athena,  pre- 
served in  the  museum  at  Naples,  which,  from  its 
style  of  art,  may  be  reckoned  among  the  most  an- 
cient in  existence. 


Other  statues  of  Athena  represent  her  in  a  state 
of  repose,  and  with  the  goat-«kin  &lling  obliquely 
firom  its  loose  fastening  over  her  right  shoulder,  so 
as  to  pass  round  the  body  under  the  left  arm.  The 
annexed  figure  is  taken  from  a  colossal  statue  of 
Athena  at  Dresden. 


AEGIS. 


AEGIS. 


21 


AootLer  mode  of  wearing  this  garment,  also  of 
peaceful  expreaaioo,  it  leen  in  a  statue  of  Athena 
at  Dresden,  of  still  higher  antiquity  than  that  last 
rdemd  to,  and  in  the  reij  ancient  image  of  the 
same  goddcas  from  the  temple  of  Zeus  at  Aegina. 
In  hodi  of  these  the  aegis  corers  the  right  as  well 
as  the  left  shoulder,  the  hrcast,  and  the  back,  &11- 
isg  behind  so  as  almost  to  reach  the  feet.  Schom 
(in  BafttigetH  AmaWtea,  iL  215)  considers  this  as 
the  original  fonn  of  the  aegis. 

By  a  figure  of  speech.  Homer  uses  the  term 
segtt  to  denote  not  only  the  goat-skin,  which  it 
property  signified,  hat  together  with  it  the  shield 
u>  which  it  belonged.  By  thus  nnderstandinff  the 
wofd.  It  is  easy  to  comprehend  both  why  Athena 
is  ssid  to  throw  her  &ther^  aegtt  around  her 
shoulders  (72.  r.  738,  xriiL  204),  and  why  on  one 
occanon  ApoUo  is  said  to  hdd  it  in  his  hand  and 
to  shake  it  ao  as  to  terrify  and  confound  the 
Greeks  {IL  xr.  229.  307 — 321),  and  on  another 
occasion  to  cover  with  it  the  dead  body  of  Hector 
in  ofdcr  to  protect  it  from  insult  (xxiv.  20).  In 
these  passages  we  must  suppose  the  aegis  to  mean 
the  shield,  together  with  the  large  expanded  skin 
or  belt  hy  which  it  was  suspended  from  the  right 
shoulder. 

As  the  Greeks  prided  themselves  greatly  on  the 
rich  and  splendid  ornaments  of  their  shields,  they 
supposed  the  aegis  to  be  adorned  in  a  style  cor- 
responding to  the  might  and  majesty  of  the  father 
ef  the  goda.  In  the  middle  of  it  was  fixed  the 
appalling  Gorgon^  head  (7^  t.  741),  and  its 
border  was  surrounded  with  golden  tassels 
(d^wm),  each  of  which  was  worth  a  hecatomb 
(U.  446--449).  In  the  figures  above  exhibited, 
the  serpents  of  the  Gorgon^  head  are  transferred 
to  the  horder  of  the  skin. 

By  the  later  poets  and  artists,  the  origuial  con- 
ception of  the  aegis  appears  to  hare  been  for- 
gotten or  disregarded.  They  represent  it  as  a 
breast-plate  covered  with  metal  in  the  form  of 
scales,  not  used  to  support  the  shield,  but  extend- 
ing eqnally  on  both  sides  from  shoulder  to 
shoulder  ;  as  in  the  annexed  figure,  taken  fixnn  a 
itstne  at  Florence. 

With  this  appearance  the  descriptions  of  the 
segis  by  the  Latin  poets  generally  correspond. 
(Viig.  Aau  viii.  485—438  ;  VaL  Flacc  vi.  174  ; 
Sid.  ApolL  Carm.  15  ;  SO.  ItaL  ix.  442.) 


It  is  remarkable  that,  although  the  aegu  pro- 
perly belonged  to  Zeus,  yet  we  seldom  fiml  it  as 
an  attribute  of  Zeus  in  works  of  art.  There  is, 
however,  in  the  museum  at  Leyden,  a  marble  statue 
of  Zeus,  found  at  Utica,  in  which  the  aegis  hangs 
over  his  left  shoulder.  The  annexed  figure  is  taken 
from  an  ancient  cameo.  Zeus  is  here  represented 
with  the  aegis  wrapt  round  the  fi>re  part  of  his 
left  aim.  The  shield  is  placed  underneath  it,  at 
his  feet 


The^  Roman  emperors  also  assumed  the  aegis, 
intending  thereby  to  exhibit  themselves  in  the 
character  of  Jupiter.  Of  this  the  armed  statue  of 
Hadrian  in  the  British  Mnseum  presents  an  ex> 
ample.  ^  In  these  cases  the  more  recent  Roman 
conception  of  the  aegis  is  of  course  followed,  co- 
incidmg  with  the  remark  of  Servius  {Aen.  viiL. 
435),  that  this  breast-armour  was  called  aegis 
when  worn  by  a  god  ;  lorica^  when  worn  by  a  man. 
I  (Comp.  Mart  viL  1.)  [J.  Y.l 

C  3 


22 


AENUM. 


AEINAUTAE  (iitiyavTai),  magistrates  at 
MUetiu,  consisting  of  the  chief  men  in  the  state, 
who  obtained  the  supreme  power  on  the  deposition 
of  the  tyrants,  Thoos  and  Damasenor.  Whenever 
they  wished  to  deliberate  on  important  matters, 
they  embarked  on  board  ship  (hence  their  name), 
put  out  at  a  distance  from  land,  and  did  not  return 
to  shore  till  they  had  transacted  their  business. 
(Plut.  Quaett.  Graee,  32.) 
AEIPHU'GIA  (hfiiwyla).  [Exsilium.] 
AEISITI  (ixtffvrot).  [Prytaneium.] 
AENEATO'RES  (ahenatores,  Amm.  Marc 
xziv.  4),  were  those  who  blew  upon  wind  instru- 
ments in  the  Roman  army,  namely,  the  buc- 
dnaiores^  comicine$,  and  tubieinesj  and  they  were 
so  called  because  all  these  instruments  were  made 
of  aes  or  bronze.  (Suet  Oae$.  32.)  Aeneatores 
were  also  employed  in  the  public  games.  (Sen.  Ep. 
84.)  A  ooUeffium  amuaiorum  is  mentioned  in  in- 
scriptions. (Orelli,  Ituer,  No.  4059.) 

AENIOMA  (a2(y(7/ia),  a  riddle.  It  appean 
to  have  been  a  very  ancient  custom  among  the 
Greeks,  especially  at  their  symposia,  to  amuse 
themselves  by  proposing  riddles  to  be  solved. 
Their  partiality  for  this  sort  of  amusement  is  at- 
tested by  the  fact  that  some  persons,  such  as 
Theodectes  of  Phaselis  and  Aristonymus,  acquired 
considerable  reputation  as  inventors  and  writers  of 
riddles.  (Athen.  x.  pp.  451, 452,  ziL  p.53&)  Those 
who  were  successful  in  solving  the  nddle  proposed 
to  them  received  a  prise,  which  had  been  pre- 
viously agreed  upon  by  the  company,  and  usually 
consisted  of  wreaths,  taeniae,  cakes,  and  other 
sweetmeats,  or  kisses,  whereas  a  person  unable  to 
solve  a  riddle  was  condemned  to  drink  in  one 
breath  a  certain  quantity  of  wine,  sometimes  mixed 
with  salt  water.  (Athen.  x.  p.  457  ;  Pollux,  vi.  107  ; 
Hesych.  s.  v,  ypttfms,)  Those  riddles  which  have 
come  down  to  us  are  mostly  in  hexameter  verse, 
and  the  tragic  as  well  as  comic  writers  not  unfire- 
quently  introduced  them  into  their  plays.  Pollux 
(L  c.)  distinguishes  two  kinds  of  riddles,  the 
aiviyiM  and  ypi^Sy  and,  according  to  him,  the 
former  was  of  a  jocose  and  the  latter  of  a  serious 
nature ;  but  in  the  writers  whose  works  have  come 
down  to  us,  no  such  distinction  is  observed  ;  and 
there  are  passages  where  the  name  yoi^t  is 
given  to  the  most  ludicrous  jokes  of  this  kind. 
(Aristoph.  Vesp.  20  ;  comp.  Becker,  Chandetj 
vol.  i.  p.  473.)  The  Romans  seem  to  have  been  too 
serious  to  find  any  great  amusement  in  riddles  ; 
and  when  Gellius  (xviiL  2)  introduces  some  Ro- 
mans at  a  banquet  engaged  in  solving  riddles,  we 
must  remember  that  the  scene  is  laid  at  Athens  ; 
and  we  do  not  hear  of  any  Romans  who  invented 
or  wrote  riddles  imtil  a  very  late  period.  Appu- 
leius  ^Tote  a  work  entitled  Liber  Ladicrorum  el 
Cwriphorum,  which  is  lost  After  the  time  of  Ap- 
puleius,  several  collections  of  riddles  were  made, 
some  of  which  are  still  extant  in  MS.  in  various 
libraries.  [L.  S.] 

AE'NUM,  or  AHE'NUM  (sc  ««),  a  brazen 
vessel,  used  for  boiling,  is  defined  by  Paullus  to 
be  a  vessel  hanging  over  the  fire,  in  which  water 
was  boiled  for  drinking,  whereas  food  was  boiled 
in  the  oaoabus,  (Dig.  33.  tit  7.  s.  18.  §  3.)  This 
distinction  is  not,  however,  always  observed ;  for 
we  read  of  food  being  cooked  in  the  acnum,  (Juv. 
XV.  81  ;  Ov.  Met.  vi.  645.)  The  word  is  also 
frequently  used  in  the  sense  of  a  dyer^s  copper ; 
and,  as  purple  was  the  most  celebrated  dye  of 


AERARII. 

antiquity,  we  find  the  expressions 5iie£omtmia««mm, 
TVn'ttm  oi'Mun,  &c  (Ov.  FkuL  iii  822 ;  Mart 
XIV.  133.) 

AEO'RA,  or  EO'RA  (ait&pa,  Upa\  a  festival 
at  Athens,  accompanied  with  sacrifices  and  ban- 
quets, whence  it  is  sometimes  called  cffSciwo^ 
The  common  account  of  its  origin  is  as  follows :  — 
Icarins  was  killed  by  the  shepherds  to  whom  he 
had  given  wine,  and  who,  being  unacquainted 
with  the  effects  of  this  beverage,  fiincied  in  their 
intoxication  that  he  had  given  them  poison. 
Erigone,  his  daughter,  guided  by  a  fiEtithiul  dog, 
discoveied  the  corpse  of  her  fiither,  whom  she 
had  sought  a  long  time  in  vain ;  and,  praying  to 
the  gods  that  all  Athenian  maidens  might  perish 
in  the  same  manner,  hung  herself.  After  this  oc- 
currence, many  Athenian  women  actually  hung 
themselves,  apparently  without  any  motive  what- 
ever ;  and  when  the  oracle  was  consulted  respect- 
ing it,  the  answer  was,  that  Icarius  and  Erigone 
must  be  propitiated  by  a  festival.  (Hygin.  Pod, 
Attron,  ii  4.)  According  to  the  Etymologiciim 
Magmm^  the  festival  was  celebrated  in  hoDoor  of 
Erigone,  daughter  of  Aegisthus  and  Clytaenmestra, 
who  came  to  Athens  to  bring  the  chaige  of  matri- 
cide against  Orestes  before  the  Areiopagus  ;  and, 
when  he  was  acquitted,  hung  herself,  with  the 
same  wish  as  the  daughter  of  Icarius,  and  with 
the  same  consequences.  According  to  Hesychius, 
the  festival  was  celebrated  in  commemoration  of 
the  tyrant  Temaleus,  but  no  reason  is  assigned. 
Eustathius  {ad  Horn.  pp.  889,  1535)  calls  the 
maiden  who  hung  herself  Aiora.  But  as  the  festival 
is  also  called  *AA^ts  (apparently  from  the  wan- 
derings of  Erigone,  the  daughter  of  Icarins),  the 
legend  which  was  first  mentioned  seems  to  be  the 
most  entitled  to  belief.  Pollux  (iv.  7.  §  55)  men- 
tions a  song  made  by  Theodoras  of  Colophon, 
which  persons  used  to  sing  whilst  swinging  them- 
selves (4y  'reus  alApais).  It  is,  therefore,  probable 
that  the  Athenian  maidens,  in  remembrance  of 
Erigone  and  the  other  Athenian  women  who  had 
hung  themselves,  swung  themselves  during  this 
festival,  at  the  same  time  sinnng  the  above- 
mentioned  song  of  Theodoras.  (See  also  Athen. 
xiv.  p.  618.)  [L.  &J 

AERA.     [Chronologia.] 

AERA'RII,  a  class  of  Roman  citizens,  who 
are  said  not  to  have  been  contained  in  the  thirty 
tribes  instituted  by  Servius  Tullius.  It  is,  how- 
ever, one  of  the  most  difficult  points  in  the  Roman 
constitution  to  determine  who  they  were ;  since  all 
the  passages  in  which  they  are  mentioned  refer  only 
to  the  power  of  the  censors  to  degrade  a  citizen, 
for  bad  conduct,  by  removing  him  from  his  tribe 
and  making  him  an  aerarian;  but  we  nowhere 
find  any  definition  of  what  an  aerarian  was.  The 
Pseudo-Asconius  {ad  Cic.  divm,  m  OaeciL  p.  103, 
ed.  Orelli),  says  that  a  plebeian  might  be  degraded 
by  being  transferred  to  the  tabulae  Caeriium  and 
becoming  an  aerarius.  The  error  in  this  state- 
ment is,  that  not  only  a  plebeian,  but  a  senator 
and  an  eques  also  might  become  an  aerarian,  while 
for  a  plebeian  there  was  no  other  punishment  ex- 
cept that  of  becoming  an  aerarian.  From  the 
Pseudo-Asconius  we  collect  that  to  have  one*8 
name  transferred  to  the  tables  of  the  Caerites  was 
equivalent  to  becoming  an  aerarian ;  secondly,  that 
an  aerarian  no  longer  belonged  to  a  century ;  and, 
thirdly,  that  he  had  to  pay  the  tribute  in  a  dif- 
ferent manner  from  the  other  citizens.   These  state- 


AERARIUM. 


AERAEIUM. 


93 


by  the  Scfaoliasta  Craqnias 
«D  Horace  {EpUL  l  6.  C2>  and  by  Qelliofl  (xri. 
13).  If  we  etrictly  kee^  to  what  we  there  learn, 
we  cannol  adopt  the  opinioa  tliat  the  aerarians 
fwtinitrd  of  artimia  and  freedmen  (Niebuhr,  Hitt 
ofBamm,  voL  L  p.  472),  for  aome  artisans  had  a 
Toy  honooiable  poaitioii  in  the  Serrian  conttita- 
tkn ;  bat  there  were  oertain  occnpatuma,  eapedaUy 
thoae  of  ictafl  dealen  (eenqMMet,  KdviyAoi),  which 
vcn  tfaoBght  degntding,  and  which  were  earned 
on  geoeraUy  by  iaopolitei,  who  took  up  their  abode 
at  Rone,  and  the  nombw  of  this  clus  of  penons 
(■—icy  PS  or  ekta  sum  m^^ragio)  may  have  been 
Teiy  gnat.  These  people  we  conceive  to  have 
heoi  die  tmrnu  i^  not,  indeed,  on  account  of  their 
fwiipatiun,  bat  because  they  were  citizens  who 
did  not  enjoy  the  soffiage.  Hoioe  the  Caerites 
vera  pn>bably  the  first  body  of  aerarians ;  and 
any  Ronan  citizen  guilty  of  a  crime  punishable 
by  the  eenaoca,  might  be  degraded  to  the  rank  of 
so  that  his  civic  rights  were  sus- 
at  least  for  the  time  tbit  he  was  an 
L  But  we  cannot  suppose  that  the  fitct  of 
a  Rmnaa  citisen  engaging  in  trade  brought  about 
waA  a  degradatioa ;  loir  there  can  be  h'ttle  doubt 
that  the  persoos  cunaiituiing  the  dty  tribes  (^ribua 
v^HMs)  were  more  or  less  all  engaged  in  trade  and 
eonmefee.  Henee,  to  nmove  a  man  from  a  country 
tribe  to  a  city  tribe,  cannot  have  been  equivalent 
to  making  him  aa  aoariaa  (Cic.  pro  CUunL  43), 
and  the  lattff  can  have  been  the  case  only  when 
he  was  excluded  firam  aU  the  tribes,  t>r  when  he 
belonged  to  a  city  tribe ;  so  that  moving  him  from 
hii  tribe  was  equivalent  to  ezdnding  hmi  from  all 
tribea,  Penoma  who  were  made  imfimet  likewise 
beeasM  acnriana,  for  they  lost  the  jus  honorum 
and  thesoffiagium.  (Augustin.  d»  CSv,  Dei,  ii  13 ; 
Gcfn  Ometd.  42.)  The  two  scholiasts  above 
reiened  to  agree  in  Mtedng  that  the  aerarians  had 
to  |iay  a  tribntam  pro  capito  ;  and  that  this  tax 
was  cooaidenbly  higher  than  that  paid  by  the 
other  dtisena,  most  be  inferred  from  Livy  (iv. 
24),  who  slates  that  Aemilius  Mamerens  was 
made  an  wetmmBi  oetmpUeato  cshm.  They  were 
■Bt  allowed  to  aerve  in  the  legions ;  but  as  they 
aevstheless  enjoyed  the  protection  of  the  state, 
mA  a  high  rate  of  taxation  cannot  be  considered 


It  has  been  asserted  that  the  Ub^rtud,  as  such, 
bcifo^ged  to  the  daas  of  the  aerarians;  but  this 
tpiaiflB  is  foanded  upon  a  wrong  statement  of 
Piatareh  {PvflUe,  7),  that  freedmen  did  not  obtain 
the  soffiEage  till  the  time  of  Appius  Claudius ;  for 
Dioayaias  (ir.  22)  informs  us  that  Servius  Tullius 
ineotposated  them  with  the  dty  tribes.  (Comp. 
ZoBsyraa,  vii  9;  Husehke,  Verfauimg  det  Sen, 
7ULp.494,&c.;  GiKtling, O^ncA. der  Aom.  StoKs- 
nrf.  pu  260,  &c ;  Becker,  Hmdlmdk  der  JVim, 
AUerdL  vol.  ii.  pfn  183— 11>6.)  [L.  S.] 

AERA'RII  TRIBU'NI.  [Aia  Equkstrs  ; 
TuBma.] 

AERA'RIUM  (rh  3q^ior),  the  public  trea- 
my  at  Rooie,  and  hence  the  public  money  itself 
Afuer  the  banishment  of  the  kings  the  temple  of 
Satant  was  employed,  upon  the  proposition  of 
Valenas  PoplicMa,  as  the  place  for  keeping  the 
poUie  money,  and  it  eontinned  to  be  so  used  till 
the  ktcr  times  of  the  empire.  (Plut  PopL  12, 
^MMt.  Aeok  42  ;  Festos, «.  e.  Aerarumy    Be- 

*  Of  this  temple  three  Corinthian  pilUirs  with 


rides  the  public  money  and  the  accounts  connected 
with  its  receipts,  expenditure,  and  debtors,  va* 
nous  other  things  were  preserved  in  the  treasury  ; 
of  these  the  most  important  were :  —  1.  The 
standards  of  the  legions  (Liv.  iii.  69,  iv.  22,  vii. 
23).  2.  The  various  laws  passed  from  time  to 
time,  engraven  on  brasen  tables  (Suet  Caee,  28). 
Sw  The  decrees  of  the  soiate,  which  were  entered 
there  in  books  kept  for  the  purpose,  though  the 
original  documents  were  preserved  in  the  temple  of 
Coes  under  the  custody  of  the  aediles.  (Joseph. 
Ant  xiv.  10.  §  10  ;  Plut  CoU.  Mm.  17  ;  Cic; 
de  Leg,  iii.  4  ;  Tac;  Ann,  vL  51.)  [AxDiLXS.] 
4.  Various  othor  public  documents,  the  reports 
and  despatehes  of  all  generals  and  governors  of 
provinces,  the  names  of  all  foreign  ambassadors 
that  came  to  Rome  [Lxgatus],  &c. 

The  aerarwm  was  the  common  treasuiy  of  the 
stete,  and  must  be  distinguished  from  the  pubiiettm, 
which  was  the  treasury  of  the  populus  or  the  pa- 
tricians. It  is  mentioned  as  one  of  the  grievances 
of  the  plebeians  that  the  booty  gained  in  war 
was  frequently  paid  into  the  publicum  {redigiiurin 
pMiemn),  instead  of  being  paid  into  the  aerarium, 
or  distributed  among  the  soldiers  (Liv.  1142); 
but  since  we  no  longer  read,  after  the  time  of  thn 
decemvirate,  of  the  booty  being  paid  into  the  puV 
licum,  but  always  into  the  aecarium,  it  is  supposed 
by  Niebuhr  that  this  was  a  consequence  of  the  de- 
oemviral  legidation.  (Niebuhr,  Hiti,  Rom,  voL  ii 
notes  386,  954.)  Under  the  republic  the  aerarium 
was  divided  into  two  parts :  the  common  treasury, 
in  which  were  deposited  the  regtdar  taxes  [Tri- 
BUTUM  ;  Yxctigalia],  and  nom  which  were 
taken  the  sums  of  money  needed  for  the  ordinary 
expenditure  of  the  state  ;  and  the  sacred  treasury 
{tMerarium  ecmctwn  mtametivs,  Liv.  xxvii  10 ;  Flor. 
iv.  2  ;  Caes.  B.  C  i  14  ;  Cic.  ad  Alt  vii.  21), 
which  was  never  touched  except  in  cases  of  ex- 
treme peril.  Both  of  these  treasuries  were  in  the 
temple  of  Saturn,  but  in  distinct  parts  of  the  temple. 
The  sacred  treasury  seems  to  have  been  first  es- 
toblished  soon  after  the  capture  of  Rome  by  the 
Oauls,  in  order  that  the  state  might  always  have 
money  in  the  treasury  to  meet  the  danger  which 
was  ever  most  dreaded  by  the  Romans,  —  a 
war  with  the  Oauls.  (Apnian,  B,  C.  il  41.)  At 
first,  probably  part  of  tne  plunder  which  the 
Romans  gained  in  their  wars  with  their  neigh* 
hours  was  paid  into  this  sacred  treasury  ;  but  a 
regular  means  for  augmenting  it  was  established 
in  B.  c.  357  by  the  Lex  Manlia,  which  enacted 
that  a  tax  of  five  per  cent  (taosmna)  upon  the 
value  of  every  manumitted  slave  should  be  paid 
into  this  treasury.  As  this  money  was  to  be  pre- 
served, and  therefore  space  was  some  object,  it  had, 
at  least  at  a  later  time,  either  to  be  paid  in  gold 
or  was  kept  in  the  treasury  in  gold,  since  Livy 
speaks  of  antmm  vieettmarium  (Liv.  vii  16,  xxvii. 
10  ;  comp.  Cic.  ad,  AH,  il  16).  A  portion  of  the 
immense  wealth  obtained  by  the  Romans  in  their 
conquests  in  the  East  was  likewise  deposited  in  the 
sacred  treasury;  and  though  we  cannot  suppose 


the  architrave  are  still  extant,  standing  on  the 
Clivns  Capitolinus  to  the  right  of  a  person  as- 
cending the  hill.  It  was  rebuilt  by  L.  Hunatius 
Pkincus  in  the  time  -of  Augustus  (Suet.  Aug,  29 ; 
(helli,  Tneer.  No.  590),  and  again  restored  by  Sep- 
timins  Severus.  (Becker,  Handbtieh  der  BooM' 
oAot  AitertkumM-,  vol.  L  p^  315.) 
c  4 


24 


AERARIUM. 


that  it  was  spared  in  the  civil  wars  between 
Marias  and  Sulla,  yet  Julius  Caesar,  when  he  ap- 
propriated it  to  his  own  use  on  the  breaking  out  of 
the  second  civil  war,  a  c.  49,  still  found  in  it  enor- 
mous sums  of  money.  (Plin.  H.  N.  zxxiiL  3.  s.  1 7 ; 
Dion  Cass.  zlL  17 ;  Oros.  vi  15 ;  Lucan,  iil  1 55.) 
Upon  the  establishment  of  the  imperial  power 
under  Augustus,  there  was  an  important  change 
made  in  the  public  income  and  ezpend^lture.  He 
divided  the  provinces  and  the  administration  of  the 
government  between  the  senate,  as  the  representa- 
tive of  the  old  Roman  people,  and  the  Caesar :  all 
the  property  of  the  former  continued  to  be  called 
aenarium,  and  that  of  the  latter  received  the  name 
oSfitcus.  [Fiscua]  The  aerarium  consequently, 
received  all  the  taxes  from  the  provinces  belonging 
to  the  senate,  and  likewise  most  of  the  taxes  which 
had  formerly  been  levied  in  Italy  itself  such  as 
the  revenues  of  all  public  lands  still  remaining  in 
Italy,  the  tax  on  manumissions,  the  custom>4uties, 
the  water-rates  for  the  use  of  the  water  brought 
into  the  city  by  the  aquaeducts,  the  sewer-rates. 

Besides  the  aerarium  and  the  fiaaUy  Augustus 
established  a  third  treasury,  to  provide  for  the  pay 
and  support  of  the  army,  and  this  received  the 
name  of  aerarium  mHitare,  It  was  foimded  in  the 
consulship  of  M .  Aemilius  Lepidus  and  L.  Arrun- 
tius,  A.  D.  6,  in  consequence  of  the  difficulty  which 
was  experienced  in  obtaining  sufficient  funds  from 
the  ordinary  revenues  of  the  state  to  give  the  sol- 
diers their  rewards  upon  dismission  from  service. 
Augustus  paid  a  very  large  sum  into  the  treasury 
upon  its  foundation,  and  promised  to  do  so  every 
year.  In  the  Monumentum  Ancyranum,  Augustus 
is  said  to  have  paid  into  the  treasury  in  the  con- 
sulship of  Aemilius  and  Arruntius  170  millions  of 
sesterces ;  but  this  sum  is  probably  the  entire 
amount  which  he  contributed  to  it  during  his  whole 
reign.  As  he  reigned  eight  years  and  a  half  after 
the  establishment  of  the  treasury,  and  would  pro- 
bably have  made  the  payments  half  yearly,  he 
would  in  that  case  have  contributed  ten  millions  of 
sesterces  every  half  year.  He  also  imposed  several 
new  taxes  to  be  paid  into  this  aerarium.  (Suet 
Aug.  49  i  Dion  Cass.  Iv.  23,  24,  25,  32  ;  M<mu^ 
mentum  Ancyranum^  jap.  32,  65,  ed.  Franzius  and 
Ziunptius,  Berol.  1845.)  Of  these  the  roost  im- 
portant was  the  tfioesima  hereditaium  et  UgaUmtmy 
a  tax  of  five  per  cent,  which  had  to  be  paid  by 
every  Roman  citizen  upon  any  inheritance  or  legacy 
being  left  to  him,  with  the  exception  of  such  as 
were  left  to  a  citizen  by  his  nearest  relatives,  or  such 
as  were  below  a  certain  amoimt  (Dion  Cass.  I  v. 
25,  Ivl  28  ;  Plin.  Paitag,  37—40  ;  Capitol.  M. 
Anton,  11.)  This  tax  was  raised  by  Caracalla  to 
ten  per  cent,  but  subsequently  reduced  by  Macri- 
nus  to  6ve  (Dion  Cass.  Ixxvii.  9,  Ixxviil  12),  and 
eventually  abolished  altogether.  (Od.  6.  tit  33. 
s.  3.)  There  was  also  paid  into  the  aerarium  mili- 
tare  a  tax  of  one  per  cent  upon  every  thing  sold  at 
auctions  (een^nma  rerum  venalium)^  reduced  by 
Tiberius  to  half  per  cent  (duceniesima\  and  after^ 
wards  abolished  by  Caligula  altogether  for  Italy 
(Tac.  Ann,  i.  76,  ii.  42  ;  Suet  QU.  16)  ;  and 
likewise  a  tax  upon  every  slave  that  was  pur- 
chased, at  first  of  two  per  cent  (quingu^etima), 
and  afterwards  of  four  per  cent,  (qmnta  et  vicenma) 
of  its  value.  (Dion  Cass.  Iv.  31  ;  Tac.  Ann.  xiiL 
31  ;  Orelli,  Inter.  No.  3336.)  Besides  these  taxes, 
no  doubt  the  booty  obtained  in  war  and  not  dis- 


AERARIUM. 

tributed  among  the  soldiers  was  also  deposited  id 
the  military  treasury. 

The  distinction  between  the  aerarium  and  the 
fiscus  continued  to  exist  at  least  as  late  as  the 
reign  of  M.  Aurelius  (rb  jSoo-iXxirby  koI  t^  Sij/i^io*', 
Dion  Cass.  bcxL  33  ;  Vulcat  Qallic.  Avid.  Otss. 
7)  ;  but  as  the  emperor  gradually  concentrated 
the  administration  of  the  whole  empire  into  hU 
hands,  the  aerarium  likewise  became  exclusively 
under  his  control,  and  this  we  find  to  have  been 
the  case  even  in  the  reign  of  M.  Aurelius,  when 
the  distinction  between  the  aerarium  and  the  fisciu 
was  still  retained.  (Dion  Caas.  IxxL  33.)  When 
the  aerarium  ceased  to  belong  to  the  senate,  this 
distinction  between  the  aerarium  and  fiscus  natu- 
rally ceased  also,  as  both  of  them  were  now  the 
treasury  of  the  Caesar ;  and  accordingly  later 
jurists  used  the  words  aerarium  and  fiscus  indis^ 
criminately,  though  properly  speaking  there  was  no 
treasury  but  that  of  the  Caesar.  The  senate,  how- 
ever, still  continued  to  possess  the  management  of 
the  municipal  chest  {area  puUioa)  of  the  city. 
(Vopisc  Aurelian.  20.) 

In  the  time  of  the  republic,  the  entire  management 
of  the  revenues  of  the  state  belonged  to  the  senate  ; 
and  under  the  superintendence  and  control  of  the 
senate  the  quaestors  had  the  charge  of  the  aera- 
rium. [Sbnatus  ;  QuABSTOR.]  With  the  excep- 
tion of  the  consuls,  who  had  the  right  of  drawing 
from  the  treasury  whatever  sums  they  pleased,  the 
quaestors  had  not  the  power  to  make  payments  to 
any  one,  even  to  a  dictator,  without  a  special  order 
from  the  senate.  (Polyb.  vi.  12, 13 ;  Liv.  xxxviiu 
55;  Zonar.  viL  13.)  In  B.C.  45,  when  no  quaes- 
tors were  chosen,  two  praefects  of  the  city  had 
the  custody  of  the  aerarium  (Dion.  C^ass.  xliiL  48)  ; 
but  it  doubtless  passed  again  into  the  hands  of  the 
quaestors,  when  they  were  elected  again  in  the 
following  year.  In  their  hands  it  seems  to  have 
remained  till  b.c.  28,  when  Augustus  deprived 
them  of  it  and  gave  it  to  two  praefects,  whom  he 
allowed  the  senate  to  choose  from  among  the  prae- 
tors at  the  end  of  their  year  of  office  ;  but  as  he 
suspected  that  this  gave  rise  to  canvassing,  he  en- 
acted, in  B.  c.  23,  that  two  of  the  praetors  in  office 
should  have  the  charge  of  the  aerarium  by  lot 
(Suet  Oetav.  86 ;  Dion  Cass.  liii.  2,  32  ;  Tac 
Ann.  xiii.  29.)  They  were  c&Ued  praetores aerarU 
(Tac.  Ann.  i.  75  ;  Frontm.  de  Aquae  Duct.  100)  or 
ad  aerarium  (Ordli,  Inecr,  n.  723).  This  arrange- 
ment continued  till  the  reign  of  Claudius,  who 
restored  to  the  quaestors  the  care  of  the  aerarium, 
depriving  them  of  certain  other  offices  which  they 
had  received  from  Augustus  (Tac  Ann.  xiii.  29  ; 
Suet  Claud.  24 ;  Dion.  C^ass.  Ix.  24) ;  but  as  their 
age  seemed  too  young  for  so  grave  a  trust,  Nero 
took  it  from  them  and  gave  it  to  those  who  had 
been  praetors,  and  who  received  the  title  of  pra^ 
/ecti  aerarii.  (Tac  Ami.  xiii  28,  29.)  During 
the  latter  part  of  the  reign  of  Trajan,  or  the  begin- 
ning of  that  of  Vespasian,  a  fresh  change  seems  to 
have  been  made,  for  we  read  of  praetores  aerarii 
in  the  time  of  the  latter  (Tac  Hist,  iv.  9)  ;  but  in 
the  reign  of  Trajan,  if  not  before,  it  was  again  en- 
trusted to  praefects,  who  appear  to  have  hdd  their 
office  for  two  years ;  and  henceforth  no  further 
change  seems  to  have  been  made.  (Plin.  Paneg, 
91,  92,  Ep.  X.  20  ;  Suet  Ciaud.  24.)  They  are 
called  in  inscriptions  praejecti  aerarii  Saiumi^  and 
they  appear  to  have  had  quaestors  also  to  assist 
them  in  their  duties,  as  we  find  mention  of  quaes- 


AES. 

lor«s  mer^ru  Saittnri  in  inscriptions  under  Hadrian 
andSerenuL  <OTidiiis,^M^/»«cr.pil25.n.6.p.  131. 
B.  3  ;  Grata,  pi  1027,  n.  4.)  These  praefects  had 
jnnsdictaain  ;  and  hefore  their  oonrt  in  the  temple 
oS  Satnniy  all  infoimations  were  laid  respecting 
pitmwat*  due  to  the  aefarinm  and  iiscns.  (Plin. 
T^M^.  36  ;  Dig.  49.  tit.  14.  ss.  13,  15.) 

The  aerarium  milHare  was  under  the  care  of 
distinct  praefects,  who  were  first  appointed  bj  lot 
fnm  amoag  those  who  had  filled  the  office  of 
bat  were  afterwards  nominated  by  the 
(Dion.  Caas^  It.  25  ;  compw  Tac  Amu 
T.  8.)  They  freqaently  occur  in  inscriptions  under 
the  title  of  praefecH  aerarU  mUHaru,  (Walter, 
GaekUU^da  i&miaiAm  RediU,ji^^\^&.c^  397, 
kjL.  2d  edition  ;  Lipahis,  ad  Toe,  Ann,  ziiL  29.) 

AES  (xaA«^')*  These  words  signify  both 
pore  copper  and  a  composition  of  metak,  in  which 
eo^a  is  the  piedominant  ingredient  In  the 
latter  sense  they  should  not  be  translated. 6nM», 
hat  mther  bnmm.  Brass  is  a  combination  of  copper 
and  ztM^  while  all  the  spedmens  of  ancient  objects 
fetmedof  the  compound  material  called  ass,  are 
fvnnd  upoa  analysis  to  contain  no  sine  ;  but,  with 
Toy  limited  cxceptioiis,  to  be  composed  entirely  of 
tapper  amd  <m,  which  mixture  is  property  called 
Imae.  Our  chief  infonnation  about  the  copper 
and  branse  of  the  ancients  is  derived  from  Pliny 
(£f.  N,  zzziT.).  Copper,  being  one  of  the  most 
abondantand  genenlly  distributed  of  the  metals, 
was  natmally  used  at  a  ipfry  eariy  period  by  the 
Gn^a  and  Romansi  Pliny  (/T.  N.  xxzir.  1) 
mntions  three  of  its  ores  {Japides  aeron)^  namely, 
oadada^  ckaieiHt^  and  mtiriMiaim  or  oriekakum^ 
into  the  exact  nature  of  which  this  ii  not  the  place 
to  inquire^ 

In  the  most  ancient  times  we  can  ascend  to,  the 
chief  supi^y  came  from  Cyprus;  whence  the  modem 
name  ^copper  is  said  to  be  derived.  (Comp.  Horn. 
Oiyt.  i  184,  and  Nitzach's  Note ;  Plin.  H,  N,  viL 
56.  s.  57)  ;  but  according  to  an  old  tradition  it 
was  first  livond  in  £uboea,  and  the  town  of  Chalcis 
took  its  name  fnm  a  oopper-mine.  (Plin.  H,  N. 
ir.  12.  s^  21«)  It  was  also  found  in  Asia  and  the 
soath  of  Italy,  in  Gaul,  in  the  moantains  of  Spain 
(esnpi  Pans.  tL  19.  §  2),  and  in  the  Alps.  The 
ait  of  smeltii^  the  ore  was  perfectly  familiar  to  the 
Greeks  of  Uomcr^  time.  (Comp.  Hesiod.  Tkeog. 
861--866.) 

The  abondanee  of  copper  sufficiently  accounts  for 
its  general  use  among  the  ancients  ;  money,  vases, 
and  utensils  of  all  sorts,  whether  for  domestic  or 
Mcrifidal  purposes^  onounents,  anns  offensire  and 
defensive,  foraitoR,  tablets  for  inscriptions,  musical 
instraments,  and  indeed  eveiy  object  to  which  it 
could  be  applied,  being  made  of  it  (Hesiod,  Op. 
H  DL  150,  151  ;  Lnovt  v.  1286.)  We  have  a 
remackable  result  of  this  fact  in  the  useof  xo^k*^^ 
and  x*^^^^*"^*  whae  woricing  in  iron  is  meant 
(Hon.  Od,  ix.  391  ;  Aristot  JPoct.  25.)  For  aU 
these  pniposes  the  pure  metal  would  be  com- 
paratively useless,  some  alloy  being  necessary  both 
to  harden  it  and  to  make  it  more  fusible.  Ao- 
eonliiigiy,  the  origin  of  the  art  of  mixing  copper 
and  tin  is  lost  in  the  mythological  period,  bemg 
ascribed  to  the  Idaean  Dactyli  The  proportions 
ia  which  the  component  parts  were  mixed  seemed 
to  have  been  much  studied,  and  it  is  remarkable 
haw  neaxiy  they  agree  in  all  the  specimens  that 
bave  been  analysed.  Some  bronze  pails  fiK>m  the 
rams  of  the  Treasury  of  Atreus  at  Mycenae ; 


AES. 


25 


some  ancient  coins  of  Corinth  ;  a  very  ancient 
Greek  helmet,  on  which  is  a  boustrophedon  in- 
scription, now  in  the  British  Museimi ;  portions  of 
the  breastplates  of  a  piece  of  annour  called  the 
Bronzes  of  Siris,  also  preserved  in  our  national  col- 
lection ;  and  an  antique  sword  found  in  France, 
produced  in  100  parts, 

87*43  and  88  copper 

12-53  and  12  tin 

99-96  100 
At  a  later  period  than  that  to  which  some  of  the 
above  works  may  be  referred,  the  addition  of  a 
variety  of  metab  seems  to  have  been  made  to  the 
original  combination  of  copper  and  tin.  The  writen 
on  art  make  particular  mention  of  certain  of  these 
bronzes  which,  notwithstanding  the  changes  they 
underwent  by  the  introduction  of  novel  elements, 
were  still  described  by  the  words  xo^^f  and  aes. 
That  which  appears  to  have  held  the  first  place  in 
the  estimation  of  the  ancients  was  the  aa  CbrusMt  • 
(Mcum^  which  some  pretended  was  an  alloy  made  ac- 
cidentally, in  the  nrst  instance,  by  the  melting  and 
running  together  of  various  metals  (especially  ^/<i 
and  bronze\  at  the  burning  of  Corinth  by  Lucius 
Mummius, in  b.  c.  146.  (Plin.  H.N.  xxxiv.  2.  s.  8 ; 
Floras,  ii«  1 6.)  This  account  is  obviously  incor- 
recty  as  some  of  the  artists  whose  productions 
are  mentioned  as  composed  of  this  highly  valued 
metal,  lived  long  before  the  event  alluded  to. 
Pliny  (L  e.)  particularises  three  classes  of  the  Co- 
rinthian bronze.  The  first,  he  says,  was  white 
(ocmdidum),  the  greater  proportion  of  mher  that 
was  employed  in  its  composition  giving  it  a  light 
colour.  In  the  second  sort  or  quality,  ^d  was  in- 
troduced, in  sufficient  quantity  to  impart  to  the 
mixture  a  strong  yellow  or  gold  tint  The  third 
was  composed  of  equal  portions  of  the  difieient 
metals.  Some,  however,  contend  that  the  aes 
CoriniAiaatm  was  no  composition  of  precious  metals 
at  all,  but  merely  a  very  pure  and  highly  refined 
bronze.  (Fiorillo^  in  the  KututUatt,  1832,  No. 
97.)  The  next  bronze  of  note  among  the  ancient 
Greek  sculptors  is  distinguished  by  the  title  of 
hepatizonj  which  it  seems  it  acquired  from  its 
colour,  which  boro  some  resemblance  to  that  of  the 
liver  (^ap).  Pliny  says  that  it  was  inferior  to 
the  Corinthian  bronze,  but  was  greatly  preferred 
to  the  mixtures  of  Delos  and  Aegina,  which,  for  a 
long  period,  had  the  highest  reputation.  The  colour 
of  the  bronze  called  h^patizom  must  have  been  ver^* 
similar  to  that  of  the  dngve  eado  bronzes  —  a  dull 
reddish  brown.  Before  the  invention  of  these  sorts 
of  bronze,  the  first  in  order  of  celebri^  was  the 
oef  Deliacitm.  Its  reputation  was  so  great  that 
the  island  of  Delos  became  the  mart  to  which  all 
who  required  works  of  art  in  metal  crowded,  and 
led,  in  time,  to  the  establishment  there  of  some  of 
the  greatest  artists  of  antiquity.  (Plin.  /.  o.  2.  s«  4.) 
Next  to  the  Delian,  or  rather  in  competition 
with  it,  the  aet  AegineHeiun  was  esteemed.  No 
metal  was  produced  naturally  in  Aegina ;  but  the 
founders  and  artists  there  were  most  skilful  in 
their  composition  of  bronze.  The  distinguished 
sculpton,  Myron  and  Polycleitus,  not  only  vied 
with  one  another  in  producing  the  finest  works  of 
art,  but  also  in  the  choice  of  the  bronze  they  used. 
Myron  prefeired  the  Delian,  while  Polycleitus 
adopted  the  Aeginetan  mixture.  (Plin.  H,N, 
xxxiv.  2.  8.  5.)  From  a  passage  in  Plutarch  it 
has  been  anppoeed   that  this  fiir-fiimed  Delian 


26  AES  EQUESTRE. 

bronze  was  of  a  light  and  somewhat  sickly  tint 
(See  Quatremere  de  Quincy,  Jupiter  Ofympim; 
Plut  De  Pytk,  Orae.  2.)  Plutarch  says,  that  in 
his  time  its  composition  was  unknown.  For  fur- 
ther information  on  the  composition  of  bronze,  see 
L.  Savot  (Nmn,  Ant  p.  ii.  c  17),  Falbroni  (in  the 
Atti  deli*  Aoad.  liaL  vol.  I  pp.  203—245,  and  (fat- 
ting.  GeL  Anxeig,  1811,  No.  87),  and  Winckel- 
nuuin  (Werke^  vol  ▼.). 

No  ancient  works  in  brass,  properly  so  called, 
have  yet  been  discovered,  though  it  has  been  af- 
firmed that  zinc  was  found  in  an  analysis  made  of 
an  antique  sword  (see  Mongez,  Mim.  de  VInatitaL) ; 
but  it  appeared  in  so  extremely  small  a  quantity, 
that  it  nardly  deserved  notice  ;  if  it  was  indeed 
present,  it  may  rather  be  attributed  to  some  acci- 
dent of  nature  than  to  design.  On  the  subject  of 
metals  and  metallurgy  in  general,  see  Mbtalluii, 
and  for  the  use  of  bronze  in  works  of  art  see 
Statuaria.  [P.  S.] 

AES  (money,  fuunmi  aenei  or  aerii).  Since 
the  most  ancient  coins  in  Rome  and  the  old 
Italian  states,  were  made  of  aes,  this  name  was 
given  to  money  in  general,  so  that  Ulpian  (Dig. 
50.  tit  16.  8.  159)  says,  £^m  aureos  mtmmos  <xe$ 
didmus,  (Compare  Hor.  Are  Poet.  345,  Bp.  i.  7. 
23.)  For  the  same  reason  we  have  ae»  altenumy 
meaning  debt,  and  aera  in  the  plural,  pay  to  the 
soldiera.  (Liv.  v.  4  ;  Plin.  H.  N.  xxadv.  1.)  The 
Romans  had  no  other  coinage  except  bronze  or 
copper  (oes),  till  b.  c.  269,  five  yean  before  the 
fint  Punic  war,  when  silver  was  first  coined; 
gold  was  not  coined  till  sixty-two  years  after  silver. 
(Plin.  H.  N.  xxxiil  13.)  For  this  reason  Argen- 
tinus,  in  the  Italian  mythology,  was  made  the  son 
of  Aesculanus.  {Quia  print  aerea  peeunia  in  ueu 
ems  coepit  post  argentea.  August  De  Civ.  Dei, 
iv.  21.)  Respecting  the  Roman  copper  money,  see 
As,  and  respecting  the  Greek  copper  money  see 
Chaloous.  [P.  S.] 

AES  CIRCUMFORA'NEUM,  money  bor- 
rowed from  the  Roman  bankers  (argeniarii\  who 
had  shops  in  porticoes  round  the  forum.  (Cic.  Ad 
Attie.  iL  1.) 

AES  EQUESTRE,  AES  HORDEA'RIUM, 
and  AES  MILITA'RE,  were  the  ancient  terms 
for  the  pay  of  the  Roman  soldiers,  before  the  regu- 
lar tHpmditim  was  introduced.  The  aes  equestre 
was  the  sum  of  money  given  for  the  purchase  of 
the  horse  of  an  eques  ;  the  aes  hordearium,  the 
sum  of  money  paid  yearly  for  the  keep  of  the 
horse  of  an  eques,  in  other  words  the  pay  of  an 
eques  ;  and  the  aea  nUlitare,  the  pay  of  a  foot 
soldier.  (Gains,  iv.  27.)  None  of  this  money  seems 
to  have  been  taken  from  the  public  treasury,  but 
to  have  been  paid  by  certain  private  persons,  to 
whom  this  duty  was  assigned  by  the  state. 

The  aes  hotxieariwnkf  which  amounted  to  2000 
asses,  had  to  be  paid  by  single  women  (viduae^  I  e. 
both  maidens  and  widows)  and  orphans  (orU)^  pn>> 
vided  they  possessed  a  certain  amount  of  property, 
on  the  principle,  as  Niebuhr  remarks,  that  in  a  mUi- 
tary  state,  the  women  and  children  ought  to  con- 
tribute for  those  who  fight  in  behalf  of  them  and 
the  commonwealth  ;  it  being  borne  in  mind,  that 
they  were  not  included  in  the  census.  (Liv.  L  43 ; 
Cic  de  Rep.  ii.  20.)  The  equites  had  a  right  to 
distrain  (pignoris  oapio)  if  the  om  hordearium  was 
not  paid.  (Gains,  L  e.) 

The  aes  equestre,  which  amounted  to  10,000 
asses,  was  to  be  given,  according  to  the  statement 


AES  UXORIUM. 

of  Livy  {L  c),  out  of  the  public  treasury  («r;Mf5/ib0) ; 
but  as  Gains  says  (l.c\  that  the  equites  had  a 
right  to  distrain  for  this  money  likewise,  it  seems 
impossible  that  this  account  can  be  oonect ;  for  wo 
can  hardly  conceive  that  a  private  person  had  a 
right  of  distress  against  a  magistrate,  that  ia, 
against  the  state,  or  that  he  could  distrain  any  of 
the  public  property  of  the  state.  It  is  more  pro- 
bable that  this  money  was  also  paid  by  the  single 
women  and  orphans,  and  that  it  was  against  these 
that  the  equites  had  the  same  right  to  distrain, 
as  they  had  in  the  case  of  the  aes  hordeairimm. 

The  aes  nUJitare,  the  amount  of  which  is  not 
expressly  mentioned,  had  to  be  paid  by  the  irSnmi 
aerorii,  and  if  not  paid,  the  foot  soldien  had  a 
right  of  distress  against  them.  (Cato,  (qt.  GeXL 
vii.  10  ;  Varr.  L.  L.  v.  181,  ed.  MUller ;  Festus,*.  t>. 
aerarii  tribum  ;  Gains,  /.  e.)  It  is  generally  as- 
sumed from  a  passage  of  the  Pseudo-Asconius  (in 
Verr.  p.  167,  ed.  Orelli),  that  these  tribum  aerarii 
were  magistrates  connected  with  the  treasury,  and 
that  they  were  the  assistants  of  the  qnaeston  ; 
but  Madvig  (De  IVibums  AerarOs  Disputatio,  in 
Opuscuh,  voL  ii.  f>p.  258 — ^261),  has  brought  for- 
ward good  reasons  for  believing  that  the  iribuai 
aerarii  were  private  persons,  who  were  liable  to  the 
payment  of  the  aes  mUUare,  and  upon  whose  pn>> 
perty  a  distress  might  be  levied,  if  the  money  were 
not  paid.  He  supposes  that  they  were  persons 
whose  property  was  rated  at  a  certain  sum  in  the 
census,  and  that  they  obtained  the  name  of  tribu$n 
aerarii^  either  because  they  received  money  from  the 
treasury  for  the  purpose  of  paying  the  soldien,  or 
because,  which  is  the  more  probable,  they  levied 
the  tributum,  which  was  imposed  for  the  purpose 
of  paying  the  army,  and  then  paid  it  to  the  soldiers. 
The  state  thus  avoided  the  trouble  of  collecting  the 
tributum  and  of  keeping  minute  accounts,  for  whicli 
reason  the  vectigalia  were  afterwards  fiirmed,  and 
the  foot-soldiers  were  thus  paid  in  a  way  similar 
to  the  horse-soldiers.  These  trilmm  aerarii  were  no 
longer  needed  when  the  state  took  into  its  own 
hands  the  payment  of  the  troops  [Exkrcitus], 
but  they  were  revived  in  B.c.70,  as  a  distinct 
class  in  the  commonwealth  by  the  Lex  Aurelia, 
which  gave  the  judida  to  the  senators,  equites  and 
tribuni  aerarii  [Tribuni  Axraril]  The  opinion 
of  Niebuhr  (Hist,  of  Rome,  vol.  I  p.  474.^  that  the 
aes  miUtare  was  paid  by  the  aerarians  [Abrarii] 
is,  it  must  be  recollected,  merely  a  conjecture, 
which,  however  ingenious,  is  supported  by  no  an- 
cient authority. 

It  has  been  well  remarked  by  Niebuhr  (Hi9t. 
of  Rome,  vol.  il  p.  442),  that  the  2000  asses,  which 
was  the  yearly  pay  of  a  horseman,  give  200  asses 
a  month,  if  divided  by  10,  and  that  the  monthly 
pay  of  a  foot  soldier  was  100  asses  a  month.  It 
must  be  recollected  that  a  year  of  ten,  and  not  of 
twelve  months,  was  used  in  all  calculations  of  pay- 
ments at  Rome  in  very  remote  times. 

AES  MANUA'RIUM  was  the  money  won  in 
pkying  with  dice,  fnambus  eoOectum.  Mamts  was 
the  throw  in  the  game.  All  who  threw  certain 
numbers,  were  obliged  to  put  down  a  piece  of 
money ;  and  whoever  threw  the  Venus  (the  highest 
throw)  won  the  whole  sum,  which  was  called  the 
aesnumuarium.     (Gell.  xvii  13  ;  Suet.<4fl^.  71.) 

AES  UXO'RIUM,  a  tax  paid  by  men  who 
reached  old  age  without  having  married.  It  was 
first  imposed  by  the  oenson,  M.  Furxot  Camillus 
and  M.  Postnmius,  in  b.  a  403,  but  we  do  not 


AETOLICUM  FOEDUS. 

know  whether  it  eontraned  to  be  levied  afterwardar 
(FeatM,  &  r. ;  VaL  Max.  iL  9.  §  1  s  Plut  OiMaZ^2.) 
(Lxx  Jux,iA  IT  Papia  Poppaxa.1 
AESTIMATIO  LITIS.    [Judk.] 
AESY3CNBTES  (ouruH^nis,  from  olb-a,  «a 
jut  ^QrtiiMi,'*  kcnoe  **  a  penon  who  gitee  ereiy 
flDe  hit  joflt  portion  *%  originaU j  signified  meiel  j  a 
jodgein  the  hetoic  gamea,  hot  aftenrards  indicated 
aa  indiWdnal  who  was  occadooallj-  invested  Tolon- 
taiilj  hj-  his  fidlow-citiaeiia  with  mdimited  power 
in  a  Greek  slate.   His  power,  acooiding  to  Aristotle, 
partaok  in  aome  degree  of  the  nature  both  of  kingly 
sad  tynnnkal  authority  ;  since  he  was  appointed 
kgaOy  and  inled  over  willing  mbjecta,  but  at  the 
■■e  tiDW  was  not  boand  by  any  jaws  in  his  pub- 
lic adnunistiaiion.      (Aristot  PoUt,  iii.  9.  §5, 
rr.8.|2;Hesych.s:«.)  Hcnee Theophxastas calls 
the  office  Tvpovb  o^er^,  and  Dionysins  (t.  73) 
eoaipaxcs  it  with  the  dictatordiip  at  Rome.    It 
was  not  hereditarf ;  bat  it  was  sometimes  held 
far  Ufis,  and  at  other  times  only  till  some  object 
aas  aoeompiisbed,  such  as  the  reconciling  of  the 
nawas  fiMtioiis  in  the  state,  and  the  lik&    We 
lave  only  one  express  instance  in  which  a  person 
reeeiTed  the  title  of  Aesynmetes,  namely,  tiiat  of 
Pittacoa,  in  Mytilene^  idio  was  appointed  to  this 
dignity,  because  the  state  had  been  long  tom 
asonder  by  the  Tsrioos  fictions,  and  iHio  succeeded 
ia  restoring  pence  and  order  by  his  wise  regulations 
and  laws.  (DionTs.  ▼.  73 ;  Strab.  xiii  p.  617  ;  Pint 
Soiam^  4  ;  IMog.  La&t  i  75  ;  Plehn,  Leabiaea^  pp. 
461,48b,)  Then  woe,  howerer,  no  doubt  many  other 
peaoBs  who  ruled  under  this  title  for  a  while  in 
the  various  slates  of  Greece,  and  those  legislators 
bore  a  stnog  resemblanee  to  the  aesynmetes,  whom 
their  feOow-citizens  appointed  with  supreme  power 
to  enact  laws,  as  Bncon,  Solon,  Zaleucus  and 
Channdaa.     In  some  states,  such  as  Cyme  and 
ChaVfdon,  it  was  the  title  borne  by  the  regular 
nagistrates.       OVachsmutfa,   HeOen.   AUertkwm. 
TeL  L  pp.  423,  441,  2d  ed. ;  THtmann,  Orieek. 
^aatm.  p.  76;  &c  ;  Schumann,  Aniiq,  Jvr,  Publ, 
Grmc  pi  88  ;  Hermann,  StaataaUerlk.  §  63.) 
AETAS.     [In FANS  ;  Impubjbs.] 
AETO'LICUM  FOEDUS.  {Koa^rwAh^ 
Xmr.)    Theinhabitantsof  the  southern  coast  of  the 
coontiT,  afterwards  called  Aetolia,  iqipear  to  have 
femcd  a  sort  of  confederacy  as  early  as  the  time 
of  Homer.     (IL  iL  638,  Ac,  xiii.  217  Sk.)     In 
the  time  of  Thucydides  (iiL  111),  the  several 
Aetolian  tribes  between  the  rirers  Achelous  and 
Evenos,  appear  to  have  been  quite  independent  of 
one  another,  although  they  were  designated  by  the 
eoounoa  name  of  Aetolians;  but  we  nererthelese 
find  that,  on  certain  occasions,  they  acted  in  concert, 
as  lor  example,  when  they  sent  embassies  to  foreign 
powen,  or  when  they  hsid  to  ward  off  the  attacks 
of  a  common  enemy.     (Thuc  L  &,  iiL  95,  &c.) 
It  amy  therefore  be  admitted  that  ihete  did  not 
cxirt  any  definite  league  among  the  tribes  of  Aeto- 
lia,  and  that  it  was  only  their  common  danger  that 
Blade  them  act  in  concert;  but  such  a  state  of 
thiags,  at  any  rate,  fittxlitated  the  formation  of  a 
league,  when  the  time  came  at  which  it  was  needed. 
But  the  league  appears  as  a  Tery  powerful  one  rery 
soon  after  Sie  death  of  Alexander  the  Great,  ris. 
diffing  the  I/unian  war  against  Antipater.     (Diod. 
xix.  ^,  zx.  99,)     How  fitf  ito  organisation  was' 
tkn  regulated  is  unknown,  though  a  certain  con- 
stitution must  hare  existed  as  early  as  that  time, 
tines  we  find  that  Aristotle  wrote  a  work  on  the 


AETOLICUM  FOEDUS. 


27 


Aetolian  constitatioa.  ( Strab.  riu  p.  821.)  But  it 
was  certainly  wanting  in  internal  solidity,  and  not 
based  upon  any  firm  principles.  In  ■.  c  204,  two 
of  the  heads  of  the  conlederBcy,  Dorimachus  and 
Scopasi  were  commissioned  to  regulate  its  constitu- 
tion, and  it  was  perbaps  in  cunsequence  of  their 
legolation,  that  a  genenl  cancelling  of  debts  was 
decreed  two  years  bter.  (Polyb.  xiiL  1,  ^Vi^si. 
ffitt.  68.)  The  chaiaeteristic  difference  between 
the  Aetolian  and  Achaean  leagues,  was  that  the 
fimner  originally  consisted  of  a  conlederBcy  of 
nations  or  tribes,  while  the  latter  was  a  cottfederacy 
of  towns.  Hence  the  ancient  and  great  towns  of 
the  Aetolisns,  thnoghoot  the  period  of  the  league, 
are  of  no  importance  and  exercise  no  infiufiw 
whatever.  Eyen  Thermon,  although  it  was  the 
head  of  the  league,  and  the  place  where  the  ordi- 
nary meetings  <Jthe  confederates  were  held  (Polyb. 
T.  8,  xriil  31,  xxriii.  4  ;  Strsb.  x.  p.  463),  did  not 
serve  as  a  fmtriiss  in  times  of  war,  and  whenever 
the  Aetolians  were  threatened  by  sny  danger,  they 
prefened  withdrawing  to  their  impregnabfe  moun- 


The  sorereign  power  of  the  confederacy  was 
Tested  in  the  genenl  assemblies  of  all  the  confede- 
ntes  (mofhtf  rmf  AiriiX«r,  eomeUhm  Adolonm)^ 
and  this  assembly  unquestionably  had  the  right  to 
discuss  all  questions  respecting  peace  and  war,  and 
to  elect  the  gnat  dvil  or  nulitary  officers  of  the 
leaflue.  It  is  howeTcr  dear,  that  those  assemblies 
ooud  not  be  attended  by  all  the  Aetolians,  ibr 
many  of  them  woe  poor,  and  lived  at  a  great  dis- 
tance, in  addition  to  which  the  roads  were  much 
more  impassable  than  in  other  parts  vi  Oreeee. 
The  censtitation  of  the  league  was  thus  in  theory 
a  democracy,  but  under  the  cover  of  that  name  it 
was  in  reality  an  aristocracy,  and  the  name  Pama^- 
toUatMf  which  Livy  (xxxi.  29)  applies  to  the  Aeto- 
lian assembly,  must  be  understood  accordingly,  as 
an  assembly  of  the  wealthiest  and  most  influential 
persons,  who  occasionally  passed  the  most  arbitrary 
resolutions,  and  screened  the  maddest  and  most 
unlawful  acts  of  the  leading  men  under  the  fine 
name  of  a  decree  of  all  the  Aetolians. 

We  have  already  mentioned  that  the  ordinary 
place  of  meeting  was  Thermon,  but  on  extnordinary 
occasions  assemblies  were  also  held  in  other  towns 
bdongbg  to  the  league,  though  they  were  not 
situated  in  the  counti^  of  Aetolia  Proper,  e.  g.  at 
Heracleia  (Liv.  xxxiii.  3),  Naupactos  (xxxv.  12), 
Hypata  (xxxvL  2,  8),  and  Lamia  (xxxr.  43,  44). 
The  questions  which  were  to  be  brought  before  the 
assembly  were  sometimes  discussed  previously  by 
a  committee,  selected  from  the  great  mass,  and 
called  Apocleti  (&ir^itXi|roi,  Suid. «.  e. ;  Liv.  xxxri. 
28.)  Some  writers  believe  that  the  Apodeti  formed 
a  permanent  council,  and  that  the  thirty  men  sent 
out  to  negotiate  with  Antiochns  were  only  a  com- 
mittee of  the  ApocletL  (Polyb.  iv.  9,  xx.  10, 
xxi.  3  ;  Tittmann,  Cfriech.  StaaUverf,  pi  727.) 

The  general  assembly  usoally  met  in  the  autumn, 
when  the  officers  of  the  league  were  elected.  (Polyb. 
iv.  37.)  The  highest  among  them,  as  among  those 
of  the  Achaean  league,  bore  the  titie  of  orpcmn^r, 
whose  office  kuted  only  for  one  year.  The  first 
whose  name  is  known,  was  Eurydamus,  who  com- 
manded the  Aetolians  in  the  war  agamst  the  Gala- 
tians.  (Pans.  x.  16.  §  2.)  The  stzategos  had  the 
right  to  convoke  the  assembly  ;  he  presided  in  it, 
introduced  the  subjects  for  deliberation,  and  levied 
the  troops.    (Lir.  xxxviiL  4.)    He  had  his  share 


20 


AFFINES,  AFFINITAS. 


of  the  booty  made  in  war,  but  wa«  not  allowed  to 
vote  in  decisionB  upon  peace  and  war.  (Liv.  xxxy. 
25.)  This  was  a  wise  precaution,  as  a  sanguine 
strategus  might  easily  have  inyolved  the  league  in 
wars  which  would  have  been  ruinous  to  the  nation. 
His  name  was  signed  to  all  public  documents, 
treaties,  and  decrees  of  the  general  assembly.  An 
exception  occurs  in  the  peace  with  the  Romans, 
because  they  themselves  dictated  it  and  abandoned 
the  usual  form.  (Polyb.  xxiL  15.)  Respecting 
the  mode  of  election,  we  are  informed  by  Hesychius 
(s.  V.  Kvdfup  TOTpIq*),  that  it  was  decided  by  white 
and  black  beans,  and  not  by  voting,  but  by  draw- 
ing lots,  so  that  we  must  suppose  the  assembly 
nominated  a  number  of  candidates,  who  then  had 
to  draw  lots,  and  the  one  who  drew  a  white  bean 
was  strategus. 

The  officers  next  in  rank  to  the  strategus  were 
the  hipparchus  and  the  public  scribe.  (Polyb.  xxiL 
15  ;  comp.  Liv.  xxxviii.  11.)  We  further  hear  of 
c^yf^pot^  who  act  as  arbiters  (BOckh,  Corp,  Inter. 
voL  ii.  p.  633),  and  yofuypd^t^  who  however  may 
have  had  no  more  to  do  with  the  writing  down  of 
laws,  than  the  Athenian  nomothetae.  (Bockh, 
L  e.  pp.  857,  868.) 

With  the  exception  of  the  points  above  men- 
tioned, the  constitution  of  the  Aetolian  league  is 
involved  in  great  obscurity.  There  are,  however, 
two  things  which  appear  to  have  had  an  injurious 
effect  upon  the  confederacy,  first  the  circumstance 
that  its  members  were  scattered  over  a  large  tract 
of  country,  and  that  besides  Aetolia  Proper  and 
some  neighbouring  countries,  such  as  Locris  and 
Thessaly,  it  embraced  towns  in  the  heart  of  Pelo- 
ponnesus, the  island  of  Cephalenia  in  the  west,  and 
in  the  east  the  town  of  Cius  on  the  Proponiu  ;  in 
the  second  place,  many  of  the  confederates  had 
been  forced  to  join  the  league,  and  were  ready  to 
abandon  it  again  as  soon  as  an  opportunity  offered. 
(Polyb.  iv.  25  ;  comp^  xxii.  13,  15  ;  Liv.  xxxviii. 
9,  11.)  The  towns  which  belonged  to  the  league 
of  course  enjoyed  isopolity ;  but  as  it  endeavoured 
to  increase  its  strength  in  all  possible  ways,  the 
Aetolians  also  formed  connections  of  friendsnip  and 
alliance  with  other  states,  which  did  not  join  the 
league.  (Polyb.  ii.  46.)  The  political  existence 
of  the  league  was  destroyed  in  b.  c.  189  by  the 
treaty  with  Rome,  and  the  treachery  of  the  Roman 
party  among  the  Aetolians  themselves  caused  in 
&C.167  five  hundred  and  fifty  of  the  leading 
patriots  to  be  put  to  death,  and  those  who  survived 
the  massacre,  were  carried  to  Rome  as  prisoners. 
(Liv.  xlv.  31  ;  Justin,  xxxiii.  2  ;  comp.  Tittmann, 
DarsUUung  der  Orieeh.  Staatsverf.  p.  721,  &c. ; 
Lucas,  Ueber  Polyb.  Dantdbmg  des  AetoL  Bttndea^ 
Kdnigsberg,  1827,  4to.  ;  K.  F.  Hermann,  Grieck. 
StaatadUerth.  §  183  ;  Schom,  Geschiohie  GrieehenL 
p.25,&c. ;  BTSLndBtJit6T,DisGesch.de8AetoL  Landes, 
rolkes  und  Btmdes^  p.  298,  &c.)  [L.  S.] 

AETO'MA  (&^»^).     [Fastigium.] 

AFFI'NES,  AFFI'NITAS,  or  ADPFNES, 
ADFI'NITAS.  Affinitas  is  that  relation  into 
which  one  family  comes  with  respect  to  another  by 
a  marriage  between  the  members  of  the  respective 
femilies  ;  but  it  is  used  more  particularly  to  express 
the  relation  of  husband  and  wife  to  the  cognati  of 
wife  and  husband  respectively.  The  husband  and 
wife  were  also  affines  with  respect  to  their  being 
members  of  different  families  ;  and  the  betrothed 
husband  and  wife  (sponsus,  sponsa)  with  reference 
to  their  intended  marriage.    Affinitas  can  only  be 


AGELA. 

*the  result  of  a  lawful  marriage.  There  are  no 
degrees  of  affinitas  corresponding  to  those  of  cog- 
natio,  though  there  are  terms  to  express  the  mrioiis 
kinds  of  affinitas.  The  father  of  a  husband  is  the 
socer  of  the  husband^s  wife,  and  the  fiither  of  a 
wife  is  the  socer  of  the  wife^s  husband  ;  the  term 
socms  expresses  the  same  affinity  with  respect  to 
the  hnsband^s  and  wife^s  mothers.  A  son's  wife 
is  nurus  or  daughter-in-law  to  the  son*s  parents  ; 
a  wife's  husband  is  gener  or  son-in-law  to  the  wife*B 
parents. 

Thus  the  avus,  avia  —  pater,  mater — of  *  the 
wife  become  by  the  marriage  respectively  the  socer 
magnus,  prosocrus,  or  socrus  magna — socer,  socrus 
— of  the  husband,  who  becomes  with  respect  to  then& 
severally  progener  and  gener.  In  like  manner  the 
corresponding  ancestors  of  the  husband  respectively 
assume  the  same  names  with  respect  to  the  son^s 
wife,  who  becomes  with  respect  to  them  pronums 
and  nurus.  The  son  and  daughter  of  a  husband 
or  wife  bom  of  a  prior  mairiage,  are  called  privignus 
and  privigna,  with  respeet  to  their  step-fiither  or 
step-mother  ;  and,  with  respect  to  such  children, 
the  step-fiftther  and  step-mother  are  severaUy  called 
vitricus  and  noverca.  The  husband's  brother  be- 
comes levir  with  respect  to  the  wife,  and  his  sister 
becomes  Glos  (the  Greek  y6XMs),  Marriage  was 
unlawful  among  persons  who  had  become  such 
affines  as  above-mentioned  ;  and  the  incapacity 
continued  even  after  the  dissolution  of  the  mamage 
in  which  the  affinitas  originated.  (Gaius,  L  63.) 
A  person  who  had  sustained  such  a  capitis  diminutio 
as  to  lose  both  his  freedom  and  the  civitas,  lost 
also  all  his  affines.  (Dig.  38.  tit  10.  s.  4  ;  Bdcking, 
IfutUutU^nen^  vol  L  p.  267.)  [G.  L.] 

AGALMA  (&7aA/ta).     [Statuaria.] 

AGAMIOU  GRAPHE  {hrmUnt  Tpa^). 
[Matrimonium.] 

AGA'SO,  a  groom,  a  slave  whose  business  it 
was  to  take  care  of  the  horses.  The  word  is  alK> 
used  for  a  driver  of  beasts  of  burthen,  and  is  some- 
times applied  to  a  slave  who  had  to  porform  the 
lowest  menial  duties.  (Liv.  xliii  5  ;  Plin.  H.  N. 
XXXV.  11  ;  Curt  viii.  6 ;  Hor.  S«rm.  ii.  8.  72  ;  Pers. 
V.  76.) 

AGATHOERGI  {irfdiwpyot).  In  time  of  war 
the  kings  of  Sparta  had  a  body-guard  of  300  knights 
(iwx6«j),  of  whom  the  five  eldest  retired  every  year, 
and  weie  employed  ftur  one  year,  und^  the  name 
of  agathoerffi  in  missions  to  foreign  states.  (Herod. 
I  67.)  It  has  been  maintained  by  some  writers 
that  the  offothoerpi  did  not  attain  that  rank  merely 
by  seniority,  but  were  selected  from  the  hnrtis  by 
the  ephors  without  reference  to  age.  (Ruhnken, 
Ad  Titnaei  Lexic.  Plat  8.v. ;  Hesych.  s.  o. ;  Bekker, 
AnMd.  vol.  i.  p.  209.) 

A'GELA  (ay^Aii),  an  assembly  of  young  men 
in  Crete,  who  lived  together  from  their  eighteenth 
year  till  the  time  of  their  marriage  Up  to  the 
end  of  their  seventeenth  year  they  remained  in 
their  fiither's  house  ;  and  from  the  circumstance  of 
their  belonging  to  no  agda^  they  were  called 
kT^ky^Xoi.  They  were  then  enrolled  in  agetae, 
which  were  of  an  aristocratic  nature,  and  gave  great 
power  to  particular  families.  An  agda  always 
consisted  of  the  sons  of  the  most  noble  citizens, 
who  were  usually  under  the  jurisdiction  of  the 
'father  of  the  youth  who  had  been  the  mrans  of  col- 
lecting the  offda.  It  was  the  duty  of  this  person, 
called  &yt\dTiis^  to  superintend  the  military  and 
gymnastic  exercises  of  the  youths  (who  were  called 


ACER 
iftA^rrw),  to  acconpuiy  them  to  the  cbaie,  and 
to  pmisli  them  when  disobedient.  He  was  ac- 
coontafale,  however,  to  the  state,  wluch  supported 
tite  0^  at  the  public  expense.  AU  the  memhen 
of  an  ojpB&i  were  obliged  to  many  at  the  ame 
time.  When  they  eeaeed  to  belong  to  an  agda, 
tbej  partook  oi  the  pahlic  mealB  for  men  (^irSpcia) 
[SrssiTiA].  Tbeae  inatitntiona  were  afterwards 
pRsened  in  onlj  a  few  atatea  of  Cretc^  aoch  for 
iaitaoceaa  Lyctos.  (Bpborua^  op.  Shnab,  x.  p.  480, 
&C.;  Herad.  Foot. c.  3.  ;  Hibck,  Oeto,  iii.  p.  100, 
a«. ;  Mulkr,  Dor.  !▼.  S.  §  3  ;  HermanB,  Grieek 
Sfeatatertiwwr,  §  22  ;  ^Wacbsmuth,  JJelien. 
i&ertfra>ufaauie,ToLLp.362,  2d  ed. ;  Kiaose^ />u 
Ggmmutik  «.  Agomutik  d,  HtUemen^  p.  690,  &c) 
At  Sfiaita  the  yontliA  left  their  parents*  houses  at 
KTcn  jcasB  of  age  and  entered  the  ^vai. 

AGE'MA  (^ttryiyia  from   &7«),  the  name  of  a 

choaea  body  of  troops  in  the  Macedonian  army, 

ooaaating  of  horse-aoldiers  and  foot-soldiers,  but 

naBallj  of  the  former.     It  aeems  to  have  varied  in 

mskber ;  sometiines  it  consisted  of  150  men,  at 

dha  times  of  300,  and  in  later  times  it  contsined 

aa  many  as  1000  w  2000  men.     (Diod.  xix.  27, 

28:  liT.  xrxrii.  40  ;  xliiL  51.  58  ;  Curt  iv.  13  ; 

Po\jb.T.25,  65,  zxri.  8  ;  Hesych.  and  Suid.  a. «.; 

Eastath.  od  Od.  L  p.  Id!i9,  62.) 

AOEK  is  the  general  term  for  a  district  or  tract 
of  cosntty,  which  haa  some  definite  limits,  snd  be- 
kaga  to  some  political  society.  Ager  Romanns  is 
the  old  tcfritory  of  the  Koroans.  Agri,  in  the 
plonli  often  means  landa  in  the  country  as  opposed  to 
town :  **  eat  in  agris,^  means  **he  ia  in  the  country :  ^ 
^  mitteie  in  agros,^  a  phrase  that  occnn  m  apeak- 
i^  of  the  agrarian  laws,  means  to  aasign  portions  of 
the  Ager  Pnblicos  to  indiTiduals.  (Liv.  yL  17» 
1.21.) 

Terra  is  sn  indefinite  term :  it  is  a  whole  coun- 
try without  reference  to  political  limits,  as  Tena 
Italk. 

Ager  PnbUcQs  was  the  property  of  the  Romsn 
state,  part  of  the  Publicum.  Ager  Privatus  was 
the  property  of  individnals.  Some  remaika  on  the 
gaoal  dirision  of  land  into  Publicus  and  Privatus, 
and  on  the  nature  of  land  that  was  Sacer  and  Reli- 
,  are  contained  in  the  article  on  the  Agrarian 
Ager  Occnpatorius  is  land  occupied  by  a 
OS  people  when  the  conquered  people  had 
been  driren  oat  {Rd  Agrariae  Avctoresy  pu45, 
cd.  Goes.)  :  the  poaseasiones  [Agbaaiab  Lsgbs] 
were  included  in  the  Ager  Occnpatorius.  Such 
had  as  was  restored  to  those  who  had  loat  it  by 
oooqaest,  was  called  Redditua  The  Ager  Occu- 
patoDus  was  siso  called  Ager  Arcifinius  or  Arcifinalia, 
ao  denominated  **ab  aicendis  hostibus  ^  (p.  38.  ed. 
Goes.).  But  the  tenns  Ager  Arcifinius  and  Occu- 
patorios  do  not  appear  to  be  exactly  equivalent, 
thoogh  some  of  the  writers  on  the  Res  Agniria 
nake  them  ao.  Ager  Arcifinius  appeara  to  ezpresa 
the  whole  of  a  territory,  which  had  only  aome 
natural  or  arbitrary  boundary,  and  was  not  defined 
by  measurement  {jpd  uuiUa  mensura  amtineiur; 
Frantinusb)  Such  were  the  acattered  portions  of 
the  Roman  Ager  Publicus.  The  Ager  Occnpatorius 
night  axgniiy  so  much  of  the  public  land  included 
in  theArcifinina  as  was  held  by  poaseaaora  (occn- 
patna),  or,  as  Niebuhr  explains  it,  the  term  Occu- 
patorius  was  confined  to  the  public  land,  atrictly  ao 
called,  and  designated  the  tenure  under  which  it 
was  held. 

Frontinofl  divides  lands  into  three  heads  (quah- 


AOER. 


29 


ET' 


itUet) :  Ager  Diviaas  et  Aaaignatas ;  Ager  mensoia 
comprehensos  ;  Ager  Arcifinius.  He  defines  the 
Arcifinius,  as  above  stated.  The  Ager  mensura 
comprehensos  appeara  to  signify  a  tract,  of  which 
the  limits  were  defined  by  measurement,  which 
was  given  in  th^  maas  to  aome  community  (rajHs 
wtodus  univenua  emiati  ed  aat»giiatM$\  of  which 
he  mentions  two  examplea, 

Ager  Divisns  et  Assignatas  was  public  land 
that  was  asaigned  or  granted  to  private  pcraoos. 
The  verb  dieido^  or  aome  fwm  of  it,  is  used  by  Livy 
(iv.  51,  V.  30)  to  expreas  the  distribution  of  the 
land.  The  word  aM$igmo  indicatea  the  fixing  of 
the  aigna  or  boondariea.  Ager  Quaestorius  waa 
public  land,  which  was  aold  by  the  qoaestora  (pp^ 
2,  14,  ed.  Ooea.),  in  aquare  patches,  each  aide  of 
which  was  the  length  of  ten  linear  actus :  the  aquare 
conaequently  contained  100  quadrati  actus  or  fifty 
jugera. 

Ager  Limitatns  was  public  land  marked  out  by 
limites  for  the  pnrpoae  of  assignment  to  coloni  or 
othera.  The  lunites  were  drawn  with  reference 
to  the  heavens  (pi  150,  ed.  Goes.)  ;  and  this  mode 
of  dividing  the  land  was  founded  on  the  old  Etruscan 
doctrine,  for  the  Etruscans  divided  the  earth  into 
parts,  following  the  course  of  the  sun  by  drawing 
a  line  firem  east  to  west,  and  another  firom  aouth  to 
north.  This  was  the  foundation  of  the  limites  of  a 
templum,  a  term  which  means  the  celeatial  vault, 
and  also  ao  much  of  the  earth^a  aurfiu»  ss  the  augur 
could  comprehend  in  hia  view.  This  was  the 
foundation  of  the  Roman  Limitatio  of  land.  A 
line  (limes)  was  drawn  through  a  given  point  irora 
east  to  west,  which  waa  called  the  Decumanus, 
originally  Duocimanus*  (according  to  Hyginua),  be- 
cauae  it  divides  the  earth  into  two  parts :  another 
line  was  drawn  from  aouth  to  north,  which  waa  called 
(^ardo,  *^  a  mundi  cardine.**  The  length  of  these 
two  chief  limites  would  be  determined  by  the  limits 
of  the  land  which  waa  to  be  divided.  The  points 
from  which  the  two  chief  limites  were  drawn  varied 
according  to  circumstancea.  Thoae  which  were  pa- 
rallel to  the  Decumanus  were  Prorai,  direct ;  thoae 
which  were  parallel  to  the  Cardo  were  Transversi, 
transverae.  The  limea  was  therefore  a  term  applied 
to  a  boundary  belonging  to  a  tract  of  land,  and  the 
centuriae  included  in  it,  and  ia  different  from  finia, 
which  ia  the  limit  of  any  particular  property.  The 
Decimiani,  Cardinea,  and  other  limitea  of  a  diatrict 
form  an  unchangeable  kind  of  network  in  the  midst 
of  the  changeable  propertiea  which  have  their  aeveral 
fines  (Rudorff  ).  The  distance  at  which  the  limites 
were  to  be  drawn,  would  depend  on  the  magnitude 
of  the  squares  or  centuriae,  as  they  were  called,  into 
which  it  was  propoaed  to  divide  the  tract.  The 
whole  tract  might  not  be  aquare:  aomedmcs  the 
Decuman!  Limites  would  be  only  half  as  long  as  the 
Cardines  (pi  154.  ed.  Goes.).  Every  aixth  lima, 
reckoning  firom  the  Decumanus  and  mduding  it, 
was  wider  than  the  intermediate  limites,  andtheae 
wider  limites  served  as  roads,  but  they  were  not 
included  under  the  term  of  Viae  Publicae,  though  a 
limes  and  a  via  publica  might  aomctimea  coincide. 
(Hyginus,  ed.  Goea.  p.  163.)  The  narrower  limites 
were  called  Linearii  in  the  provinces,  but  in  Italy 


*  Duocimanus,  according  to  Hyginus,  was 
changed  into  Decimanus  ;  **'  Decumanus,'^  says 
Niebuhr,  **  probably  from  making  the  figure  of  a 
croas,  which  resembles  the  numeral  X,  like  decus- 
sattu.*^     Neither  explanation  is  aatififoctory. 


so 


AGER. 


they  were  called  SubruBcivL  The  limites  parallel 
to  the  cardo  were  drawn  in  the  same  way. 

The  Roman  measure  of  length  used  for  land 
was  the  actus  of  120  feet :  the  square  actus  was 
14,400  square  feet ;  and  a  juger  or  jugeium  was 
two  actus  quadrat!.  The  word  centnria  properly 
means  a  hundred  of  any  thing.  The  reason  of 
the  term  centuna  being  applied  to  these  divi- 
sions may  be,  that  the  plebeian  centuries  contained 
100  actus,  which  is  50  jugera,  the  amount  con- 
tained in  the  portions  put  up  to  sale  by  the  quaes* 
tors:  but  Siculus  Flaccus  (p.  15,  ed.Goes.)  gives 
a  different  account.  The  oentuiia  sometimes  con- 
tained 200  jugera,  and  in  Uter  periods  240  and 
400.  This  division  into  centuriae  only  compre- 
hended the  cultivable  land.  When  a  colony  was 
founded  or  a  tract  of  land  was  divided,  that  part 
which  did  not  consist  of  arable  land  was  the  com- 
mon property  of  the  colony  or  settlement ;  and  was 
used  as  pasture.  Such  tnctB  appear  to  be  the 
Compascuus  Ager  of  the  Lex  Thoria  (c.  4,  &c.). 
The  land  that  was  thus  limited,  would  often  have 
an  irregular  boundary,  and  thus  many  centuries 
would  be  incomplete.  Such  pieces  were  called 
Subseciva,  and  were  sometimes  granted  to  the 
colony  or  community,  and  sometimes  reserved  to  the 
state.  That  such  portions  existed  in  some  quantity 
in  Italy  is  shown  by  the  ftct  of  Vespasian  and  Titus 
making  sales  of  them,  and  Domitian  is  said  to 
have  restored  them  to  the  possessors. 

A  plan  of  each  tract  of  limited  land  was  engraved 
on  metal  (aes),  and  deposited  in  the  tabularium. 
This  plan  (forma)  showed  all  the  limites  or  cen- 
turiae, and  was  a  permanent  record  of  the  original 
limitation.  Descriptions  also  accompanied  the  phm, 
which  mentioned  the  portions  that  l)eIonged  to  dif- 
ferent individuals,  and  other  particulars.  (Siculus 
Flaccus,  De  DwU.  et  Anig.  ed.  Goes.,  p.  16  ;  and 
the  passages  collected  by  Brissonius,  Sded.  e»  Jur. 
CfivU,  iiL  c.  5.)  Some  of  these  records,  which  be- 
long to  an  early  period  of  Roman  history,  are  men- 
tioned by  Siculus  Flaccus,  as  existing  when  he 
wrote  (p.  24.  ed.  Goes.).  These  registered  plans 
were  the  best  evidence  of  the  original  division 
of  the  lands,  and  if  disputes  could  not  be  settled 
otherwise,  it  was  necessary  to  refer  to  them. 

As  to  the  marks  by  which  boundaries  were  dis- 
tinguished, they  were  different  in  the  case  of  Ager 
Arcifinius  and  Ager  Limitatus.  In  the  case  of 
Ager  Arcifinius,  the  boundaries  were  either  natural 
or  artificial,  as  mountain  ridges,  roads,  water  sheds, 
rocks,  hills,  ramparts  of  earth,  walls  of  rubble,  and 
BO  forth :  rivers,  brooks,  ditches  and  water  conduits 
were  also  used  as  boundaries.  Marks  were  also 
made  on  rocks,  and  trees  were  planted  for  this 
purpose,  or  were  lef^  standing  (arbores  intactae, 
antemissae).  Trees  were  often  marked:  those 
which  were  the  common  proper^  of  two  land- 
ownen  were  marked  on  boui  sides  ;  and  those 
which  belonged  to  a  single  proprietor  were  marked 
on  the  side  which  was  turned  nom  the  proprietor's 
land  (arbores  insignes,  signatae,notatae).  By  cutting 
off  a  piece  of  the  bar]^  a  scar  would  be  formed 
which  would  answer  as  a  signum.  In  angles,  such 
as  a  trifinium  or  quadrifinium,  more  special  boundary 
marks  were  used,  for  instance,  at  a  trifinium  three 
trees  would  be  planted.  Taps,  or  pieces  of  wood, 
lead  and  iron,  were  also  inserted  in  trees  to  point 
to  some  pieee  of  water  as  the  nearest  boundary. 

The  Ager  Limitatus  was  marked  in  a  different 
way  by  boundary  stones  and  posts,  not  by  natural 


AGER. 

bamen.  The  boundaries  of  the  territory  were 
marked  by  termini,  which  received  their  namefl 
under  the  empire  from  the  emperor  who  gave  the 
commission  for  partitioning  the  laud.  Accordingly, 
we  find  the  expressions  Lapides  Augustales,  Tibe- 
riani,  and  so  forth,  mentioned  as  the  termini  fixed 
by  these  emperon  for  the  boundaries  of  the  colonies 
which  they  founded.  The  Termini  Territoriales 
marked  the  limits  of  the  district,  the  Plenrici 
ran  parallel  to  the  Decumani  and  Cardines,  the 
Actuarii  Centuriales  were  at  the  angles  of  the 
centuriae,  the  Epipedonici  in  the  centre  of  the 
centuriae,  the  Proportionales  at  the  beginning  and 
end  of  the  jugera.  The  boundaries  of  a  property 
were  also  marked  by  termini ;  and  the  owner  of 
a  property  might  pliKe  termini  within  it  to  marie 
the  pieces  into  which  he  divided  it  for  his  chil- 
dren. 

The  termini  were  either  posts  of  wood  or  stones. 
In  the  colonies  of  Augustus,  the  boundaries  of  the 
centuriae  were  marked  by  stones  ;  those  of  the 
several  allotments  by  oak  posts  (termini  robusti, 
pali  roborei)  Sometimes  pali  actuarii  are  men- 
tioned, firom  which  it  appears  that  the  boundaries  of 
the  centuriae  were  sometimes  determined  by  wooden 
posts.  The  stones  used  in  a  particular  limitatio 
were  of  the  same  kind  and  colour  in  order  to  make 
them  more  useful  as  boundary  stones.  The  stones 
were  cither  polished  (politi,  dolati)  or  rough  hewn 
(taxati  a  ferro),  or  in  their  entire  rough  state.  The 
size  varied  firom  half  a  foot  to  two  and  a  half  feet, 
and  the  laiger  might  sometimes  be  mistaken  by 
ignorant  people  for  mile  stones.  The  form  of  the 
stones  also  varied,  as  we  see  from  the  representations 
contained  of  them  in  the  MSS.  of  the  Agrimensores. 
The  number  of  angles  varied  in  those  which  were 
angular :  some  were  cylindrical,  some  pointed,  others 
of  a  pyramidal  form.  The  brad  stones  at  the  be- 
ginning and  end  of  a  boundary  were  more  con- 
spicuous than  those  which  lay  between  them.  In- 
scriptions and  marks  were  also  put  on  the  termini. 
The  termini  on  the  boundaries  of  the  limited  land 
have  often  considerable  inscriptions  ;  the  oenturial 
and  pleurite  termini  give  the  number  of  the  century 
and  the  name  of  the  limes.  Various  kinds  of 
marks  were  also  devised  to  fecilitate  the  ascertain- 
ing of  boundaries  without  the  trouble  of  referring 
to  the  plan. 

These  precautions  were  not  all.  A  stone  might  be 
removed  and  a  boundary  might  thus  become  un- 
certain. It  was  accordingly  the  practice  to  bury 
something  under  the  stone  that  was  not  perishable, 
as  bones,  embers  and  ashes  from  the  offering  made 
at  the  time  when  the  stone  was  set  up.  Small 
coins  were  also  put  under  it,  and  fragments  of  glass, 
pottery,  and  the  like,  which  would  serve  to  deter- 
mine the  place  of  the  stone.  The  same  practice  is 
enjoined  by  the  laws  of  Manu  (viii.  249, 250, 251), 
a  fiict  noticed  by  Dureau  de  la  MaUe.  On  the  intro- 
duction of  Christianity,  the  practice  of  making  such 
offerings  was  discontinued,  and  this  kind  of  evidence 
was  lost  Under  the  old  reli^on  it  was  also  the 
practice  to  traverse  the  boundanesat  the  terminalia, 
in  the  month  of  February.  In  the  case  of  the 
territorial  boundaries,  this  was  done  by  the  whole 
community  ;  and  pursuant  to  this  old  custom,  the 
boundaries  of  the  original  territory  of  Rome,  six 
miles  firom  the  city,  were  travened  at  the  termixialia. 
Private  persons  also  examined  their  boundaries  at 
the  terminalia,  and  the  usual  offerings  were  made. 
The  parish  perambulations  and  other  perambola- 


AGGER. 

tMBs  of  Bodetii  tiBtt  bear  HNne  niemUaiiee  to  this 


AGONALIA. 


31 


It  has  been  oboerred  that  finii,  a  term  which 
ezpnaaea  the  boondarj  of  sepaiate  propatiea,miist 
Bot  be  confiwuded  with  limes ;  nor  must  fhndiis  be 
ranfcwindi  d  vithloena.  A  fisodns  has  detennioate 
buMwiarif  ( fines) :  a  locos  is  indeterminate,  and 
mcf  be  part  of  a  fnndns  or  eomprise  more  than  a 
fintdas.  A  dispute  about  a  fundus  is  a  question  of 
taiUmtj  ;  a  di^te  about  a  bcus  or  finis  is  a  dis- 


NiebahrconiecCnres'*  that  a  fundus  assigned  bj 
the  slate  waa  considexed  as  one  entire  fiun,  as  a 
vholc^  the  limito  of  which  could  not  be  dianged.** 
Bat  he  adds,  **ThiB  did  not  prcdude  the  divisioo 
of  estates,  nor  eTen  the  sale  of  duodecimal  parts  of 
them ; "  and  further,  **  The  sale  or  transfer  of  them, 
vhoD  the  whole  was  not  alienated,  was  in  parts 
seoovfing  to  the  dnodedmal  scale.**  But  to  this  it 
is  replied  hj  Dureaa  de  la  Malle,  that  when  there 
wexe  five,  aeven  or  nine  heredes,  there  must  be  a 
fiactiflnal  division.  A  fundus  geneially  bad  a  par- 
ticnlar  name  which  waa  not  changed,  and  it  is 
stated  that  both  in  Italy  and  France  many  of  these 
pxopettiea  still  haTe  Roman  names.  But  the  fret 
of  a  fimdna  ^emeralfy  having  a  name,  and  the  fiut 
flf  the  name  b«ng  often  preaerred,  does  not  prove 
that  mU  fundi  reteined  their  original  limits  accord- 
ing to  Roman  usage  ;  nor  does  the  fiKt,  that  there 
were  sometimes  two,  sometimes  three  owners  of  one 
fimdns  (Dig.  10.  Ul  I.  a.  4.),  prove  that  a  fnndns 
never  had  its  limits  changed,  while  it  disproves 
Nicbahr'^  assertion  as  to  duodecimal  parts,  unless 
the  halves  and  thirds  were  made  up  of  duodecimal 
parts,  which  cannot  be  proved.  It  seems  probable 
cndngh,  that  an  original  fundus  would  often  retain 
its  Imuts  nnrbanged  for  centuries.  But  it  is  certain 
that  the  bounds  (fines)  of  private  properties  often 
changed.  Rudocff  remazks :  **  The  boundary  of  a 
ptupeity  is  changeable;  It  may  by  purchase,  ex- 
change, and  other  alienation,  be  pushed  further, 
SBod  be  carried  bads.**  The  localities  of  the  great 
CariineB,  Decamani,and  other  Limites,  as  the  same 
writer  has  been  abeady  quoted  to  show,  are  un- 
changeable. 

The  difficulty  of  handling  this  subject  is  very 
great,  owing  to  the  corrupted  text  of  the  writers  on 
the  Res  Agmria.  The  latest  edition  of  these 
writers  is  1^  Ooesius,  Amsterdam,  1674.  Anew 
aad  ooRocted  edition  of  these  writers  with  a  suit- 
able eommentary  would  be  a  valuable  contribution 
to  oar  knowledge  of  the  Roman  hmd  system.  (Rei 
Agmriae  Audontj  ed.  Goes. ;  Rudor£^  ZeUtekrift 
fir  GttMckL  Hetkbno,  Ueber  die  GrVnischeidungs- 
U^ge,  voL  X. ;  Niebuhr,  vol  ii  iqypendix  1 ;  Durnm 
de  h  Malle,  iSboaoais  Pbtils^  ^  ibMRoms,  voL  ii 
pil66,&c:)  [O.L.] 

AOER  SAKCTUS  (W/MWf).  For  an  account 
•f  the  lands  in  Greece  devoted  to  the  service  of 
rdigion,  see  Txmknos:  for  an  account  of  those 
in  Rome,  see  Sacxedos. 
AGETCKRIA  (iyi|T^«a.)  [Caknmia.] 
AGGER  (x^^)*  fron^  ^  "^^  j"^*^  ^'B*  ^^"^ 
IB  general  fin*  a  hei^  or  mound  of  any  kind  which 
might  be  made  of  stones,  wood,  earth  or  any  other 
snbstanoe.  It  was  more  particulariy  applied  to  a 
mound,  usually  composed  of  earth,  which  was  raisM 
mund  a  bean^^  town,  and  which  was  gradually 
increased  in  breadth  and  hei(^t,  till  it  equalled  or 
•Tcrtopped  the  waDs.    Hence  we  find  the  expres- 


ON^Mm;  and  the  makhy  of  the  agger  is  expressu J 
I7  the  verbs  ecilrMfv,  eoajIriMre,  jooarw, /Sm^ 
Some  of  these  o^e^eres  were  gigantic  works,  flanked 
with  towen  to  defend  the  wofkmen  and  soldiers, 
and  surmomited  by  parapets,  behind  which  the 
soldiers  could  discharge  missiles  upon  the  besieged 
towns.  At  the  siege  of  Avarieum,  Caesar  raised  in 
twenty-five  days  an  agger  830  feet  broad,  and  80 
feet  high.  (^.  r/.  viL  24.)  As  the  agger  was 
sometimes  made  of  wood,  hurdles,  and  simihtf 
materials,  we  sometimes  read  of  iu  being  set  on 
fire.  (Uv.  xxxvL  28  ;  Caea  B,0.  viL  24,  ACii 
14,  16.)  The  word  agger  was  also  applied  to  the 
earthen  wall  surrounding  a  Roman  encampment, 
composed  of  the  earth  dug  from  the  ditch  (yboo), 
which  was  usually  nine  fleet  broad  and  seven  feet 
deep  ;  but  if  any  attack  was  apprehended,  the 
depth  was  increased  to  twelve  feet,  and  the  breadth 
to  thirteen  feet  Sharp  stakes,  Ac,  were  usually 
fixed  upon  the  agger,  which  was  thenpdled  tallmm. 
When  both  words  are  used  (as  in  Gseaar,  B.  O.  vii 
72,  aggftr  ae  vaUmm\  the  agger  means  the  moimd 
of  earth  ;  and  the  vallum  &  sharp  stakes  (roA*), 
which  were  fixed  upon  the  agger. 

At  Rome,  the  formidable  rampart  erected  by 
Serviua  Tnllius  to  protect  the  western  side  of  Rome 
was  called  offper.  It  extended  ham  the  further 
extremity  of  the  Quirinal  to  that  of  the  Esquiline. 
It  was  fifty  feet  broad,  having  a  wall  on  the  top, 
defended  by  towers,  and  beneath  it  was  a  ditch  a 
hundred  feet  wide  and  thirty  feet  deep.  (Cic  de 
ifep.  iL  6  ;  Dionya  ix.  68.)  Pliny  (H.  N.  iil  fi. 
a  9)  attributes  the  erection  of  this  rampart  toTar- 
quinius  Superbus,  but  this  is  in  opposition  to  aD 
the  other  ancient  writers  who  speak  of  the  matter. 

AGITATCVRESw     [Cincus.] 

AGMEN.    [ExBRciTus.] 

AONA'TI.      [COGNATL] 

AGNCMEN.    [NoifXN.] 

AGONA'LIA,  or  AGO'NIA  (Ov.  Fast.  v. 
721),  one  of  the  most  ancient  festivals  at  Rome, 
celebnted  several  times  in  the  year.  Its  institu- 
tion, like  that  of  other  religious  rites  and  cere- 
monies, was  attributed  to  Numa  Pompilius.  (Ma- 
crob.  Saiium,  i  4.)  We  leam  from  the  andent 
calendars  that  it  was  celebrated  on  the  three  fol- 
lowing days,  the  9th  of  January,  the  21st  of  May, 
and  the  1 1th  of  December  (a.  d.  V.  Id.  Jam.;  XII. 
KaL  Jtm.:  III.  Id.  Dee.)  ;  to  which  we  should 
probably  add  the  17th  of  March  (a.  d.  XVI.  KoL 
Afr.\  the  day  on  which  the  Liberalia  was  cele- 
brated, since  VtoM  festival  is  also  called  Agoma  or 
Agomium  MarHale.  (Varr.  L.  L.  vi.  14,  ed.  MUl- 
ler ;  MacroK  L  e. ;  KaUmdanwm  VaHcamm.)  The 
object  of  this  festival  was  a  disputed  point  among 
the  andents  themselves  ;  but  as  Hartung  has  ol^ 
served  {Die  ReUgim  der  RSmer^  vol.  ii.  p.  33),  when 
it  is  recollected  that  the  victim  which  was  offered 
was  a  ram,  that  the  penKm  who  offered  it  was  the 
rex  sacrificiilus,  and  that  the  place  where  it  was 
offered  was  the  regia  (Var.  jL  J^  vi  12 ;  Ov.  Pad, 
L  838 ;  Fest  s.  «.  Agomhtm\  we  shall  not  have 
much  difficulty  in  understanding  the  significance 
of  this  festivil  The  ram  was  the  usiul  victim 
presented  to  the  guardian  gods  of  the  state,  and 
the  rex  sacrificultts  and  the  regia  could  be  em- 
plojred  only  for  such  ceremonies  as  were  connected 
with  the  highest  gods  and  affected  the  weal  of  the 
whole  state.  Reginrding  the  sacrifice  in  this  light, 
we  see  a  reason  for  its  being  offered  several  times 
in  the  year. 


32 


AGORA. 


The  etymology  of  the  name  waa  also  a  robjcct 
of  much  dispute  among  the  ancients  ;  and  the  va- 
rious etymologies  that  were  proposed  are  given  at 
length  by  Ovid.  {Fast,  i.  319—332.)  None  of 
these,  however,  ore  at  all  satisfifictory ;  and  we 
would  therefore  suggest  another.  It  is  well  known 
that  the  Quirinal  hUl  was  originally  called  Agoma^ 
and  the  Colline  gate  AganmM,  (Fest.  s.  vo.  Ago^ 
mum,  QmrinaUa;  comp.  Dionys.  ii.  37.)  What  is 
then  more  likely  than  that  this  sacrifice  should 
have  been  originally  offered  on  thu  hill,  and  should 
thence  have  received  the  name  of  Agonalia  ?  It 
is  expressly  stated  that  the  sacrifice  was  offered  in 
the  regia,  or  the  damua  regit^  which  in  the  historical 
times  was  situated  at  the  top  of  the  mcra  via,  near 
the  arch  of  Titus  (Becker,*  Handbuch  d,  Rom.  AU 
terth,  vol.  I  pp.  237, 238) ;  but  in  the  earliest  times 
the  regia  is  stated  by  an  ancient  writer  to  have 
been  upon  the  Quirinal  (Solin.  i.  21),  and  this 
statement  seems  to  render  our  supposition  almost 
certain,  (filastioal  Mumwn^  voL  iv.  pp.  154 — 
157.) 

The  Cirau  Agonengis,  as  it  is  called,  is  sup- 
posed by  many  modem  writers  to  have  occupied 
the  place  of  the  present  Piazza  Navona,  and  to 
have  been  built  by  the  emperor  Alexander  Sevenis 
on  the  spot  where  the  victims  were  sacrificed  at 
the  Agonalia.  Becker  (Ibid.  pp.  668—670)  has 
however  brought  forward  good  reasons  for  question- 
ing whether  this  was  a  circus  at  all,  and  has  shown 
that  there  is  no  authority  whatever  for  giving  it 
the  name  of  circus  Agonensis, 

AGO'NES  (iLy&yts),  the  general  term  among 
the  Greeks  for  the  contests  at  their  great  nationid 
games.  [Cbrtauina.]  The  word  was  also  used 
to  signify  law-suits,  and  was  especially  employed 
in  the  phrase  &ywy€s  t«/4ijtoI  and  irlfAtiroi,     [Ti- 

MEMA.] 

AGONOTHETAE  (A-ywroa^oi),  were  per- 
sons, in  the  Grecian  games,  who  decided  disputes 
and  adjudged  the  prizes  to  the  victors.  Originally, 
the  person  who  instituted  the  contest  and  offered 
the  prize  was  the  agonot&etes,  and  this  continued 
to  be  the  practice  in  those  games  which  were  in- 
stituted by  kings  or  private  persons.  But  in  the 
great  public  games,  such  as  the  Isthmian,  Pythian, 
&C.,  the  agonot/tetae  were  either  the  representatives 
of  different  states,  as  the  Amphictyons  at  the 
Pythian  games,  or  were  chosen  from  the  people  in 
whose  country  the  games  were  celebrated.  During 
the  flourishing  times  of  the  Grecian  republics,  the 
Eleians  were  the  agonothetas  in  the  Olympic  games, 
the  Corinthians  in  the  Isthmian  games,  the  Am- 
phictyons in  the  Pythian  games,  and  the  Corin- 
thians, Argives,  and  inhabitants  of  Cleonae  in  the 
Nemaean  games.  The  ii.yctvo04rai  were  also  called 
aicrv^u^Toi,  iuyuvdpxat,  hywyoBUat,  hSXaQirat, 
pa69ovxoi  or  fKtBZov6iJuoi  (from  the  staff  they 
carried  as  an  emblem  of  authority),  fipaStis, 
fipaStvToi, 

AGORA  (iiyopd),  properly  means  an  assembly 
of  any  nature,  and  is  usimlly  employed  by  Ilomcr 
for  the  general  assembly  of  the  people.  The  agora 
seems  to  have  been  considered  an  essential  part  in 
the  constitaition  of  the  early  Grecian  states,  since 
the  barbarity  and  uncivilised  condition  of  the  Cy- 
clops is  characterised  by  their  wanting  such  an 
assembly.  (Hom.  Od,  ix.  1 12.)  The  agora,  though 
usually  convoked  by  the  king,  appears  to  have  been 
also  summoned  at  times  by  some  distinguished 
chieftain,  as  for  example,  by  Achilles  before  Troy. 


AGORA. 

(Horn.  77.  i.  54.)    The  king  occupied    the  most 
important  seat  in  these  assemblies,  and  near  him 
sat  the  nobles,  while  the  people  aat  in   a  circle 
around  them.     The  power  and  rights  of  the  people 
in  these  assemblies  have  been  the  subject  of  much 
dispute.      PUtner,   Tittman,  and    more    recently 
Nitzsch  in  his  commentary  on  the  Odyssej,  main- 
tain that  the  people  was  allowed  to  speak  and  vote ; 
while  Miiller  (Dor.  iiL  1.  §  3),  who  is  followed 
by  Grotc  (HitL  o/ Greece,  vol.  ii.  p.  91),  maintains 
that  the  nobles  were  the  only  persons  who  proposed 
measures,  deliberated,  and  voted,  and    that  the 
people  was  only  present  to  hear  the  debate,  and  to 
express  its  feeling  as  a  body  ;  which  expressions' 
might  then  be  noticed  by  a  prince  of  a  mild  dis- 
position.   The  ktter  view  of  the  question  ia  con- 
firmed by  the  fact,  that  in  no  passage   in   the 
Odyssey  is  any  of  the  people  represented  as  taking 
part  in  the  discussion  ;  while,  in  the  Iliad,  Uljssea 
inflicts  personal  chastisement  upon  Thersites,  for 
presuming  to  attack  the  nobles  in  the  agora.     (It. 
ii.  211 — ^277.)    The  people  appear  to  have  been 
only  called  together  to  hear  what  had  been  already 
agreed  upon  in  the  council  of  the  nobles,  which 
is  called  ^vKtt     (JL  il  53,  vi.  114,   y4poyr($ 
fiovXtvToC),  and  do^Kos  (Od.  iL  26),  and  some- 
times even  iiyopd  (Od.  ix,  112;  iyopal  /SovXtj- 
<l>6poi).    Justice  was  administered  in  the  agora  by 
the  king  or  chiefs  (Hes.  Theog.  85  ;   Horn.   //. 
xviii.  497,  &C.  Od.  xiL  439),  but  the  people  had  no 
share  in  its  administration,  and  the  agora  served 
merely  the  purpose  of  publicity.     The  common 
phrases  used  in  reference  to  the  agora  are  cis  ityopiiy 
KoXUiy ;  iyooiiy  rotuaOcu,  rlO«r$ai ;  tls  riiy  iryo- 
p^y  tiffUyai,  kyttptireai,  &c  ( Wachsmuth,  Heden. 
AUerthumMk.  vol.  i.  p.  346,  2d  ed.  ;    Hermann, 
Lehrbueh.  d.  Cfriech.  Siaaiaalt.  §  65  ;  Oiote,  Jlist. 
o/Greece,  voL  ii  pp.  91 — 101.) 

Among  the  Athenians,  the  proper  name  for  the 
assembly  of  the  people  was  iKK\ri<ri€L,  and  among 
the  Dorians  a\la.  The  tena  agora  was  confined 
at  Athens  to  the  assemblies  of  the  phylae  and 
demL  (Aescb.  c.  Qee.  §  27.  p.  50. 37  ;  Schoroann, 
De  Comitiis Atften.  p.  27,  Antiq.  Jur.  PuU.  Graec. 
pp.  203, 205 ;  Bockh,  Corp.  Inscrm.  vol.  L  p.  125.) 
In  Crete  the  original  name  iyopd  continued  to  be 
applied  to  the  popular  assemblies  till  a  late  period. 
(Bekker,  Anecdot.  vol  I  p.  210.) 

A'GORA  (iyopi),  was  the  phice  of  public  as- 
sembly in  a  Greek  city,  both  for  traffic,  and  for 
the  transaction  of  all  public  business.  It  answers 
to  the  Baman  forum;  and,  in  fact,  it  is  impossible 
to  keep  these  two  subjects  entuely  separate. 

In  the  earliest  times,  the  Agora  was  merely  an 
open  piece  of  ground,  which  was  generally  in  firont 
of  the  royal  palace,  and,  in  sea-port  towns,  close  to 
the  harbour.  The  Agora  of  Troy  was  in  the  cita- 
del. Here,  the  chieft  met  in  coimcil,  and  sat  in 
Judgment,  and  the  people  assembled  to  witness 
athletic  games.  It  was  evidently  also  the  place  of 
traffic  and  of  general  intercourse  :  in  one  passage 
of  Homer,  we  have  a  lively  picture  of  the  idhrs 
who  frequented  it  It  was  enclosed  with  large 
stones  sunk  into  the  earth,  and  seats  of  marble 
were  placed  in  it  for  the  chieft  to  sit  in  judgment, 
and  it  was  hallowed  by  the  shrine  of  one  or  more 
divinities.  In  the  Agora  which  Homer  particularly 
describes,  —  that  of  the  Phaeacians,  —  there  was 
a  temple  of  Poseidon.  (Hom.  //.  il  788,  vii.  345, 
346,  xviii.  497—506,  Od,  vi.  263—285,  viii.  16, 
109,xvi.  361.) 


AGORA« 

Out  of  this  timple  amngement  aroie  the  mag- 
dceat  iryopal  of  later  timea,  which  consisted  of 
^  ooen  space,  enclosed  b  j  porticoes  or  colonnades, 
-led  into  separate  parts  far  the  yarioos  oocnpa- 
r^  which  were  parsaed  in  it,  adorned  with 
at££3,  altars,  and  temples,  and  built  about 
nh  edifices  far  the  transaction  of  public  and 
T.^te  business,  and    far  the  administrBtion  of 

Oar  information  respecting  these  edifices  is 
:jjf  r  scantj.  The  chief  authorities  are  Paosanias 
id  VitniTioa.  The  existing  ruins  are  in  such  a 
it^  as  to  gire  us  a  very  litUe  help. 
We  have,  first  of  aU,  in  this,  as  in  other  de- 
utiDents  of  architectare,  to  distinguish  the  an- 
?nt  style  fiom  that  introduced  by  the  Greeks  of 
nia  after  the  Persian  war,  and  more  especially 
f  Hippodamns  of  Miletus  [see  IKct  of  Biog. «.«.], 
h'ise  cannectioQ  with  the  building  of  kyopai  of  a 
^  form  is  mariced  by  the  name  'IwoSd^io, 
&ich  was  apfdied  to  the  Agoca  in  the  Peiraens. 
[  IiqxMT.  *.  e.  hmidfuta,)  The  general  character 
t-jf  Greek  iycpd  is  thus  described  by  Vitruvius 
r.  1) :  —  *^  The  Greeks  arrange  their  foia  in  a 
imn  fanny  with  vexy  wide  double  colonnades, 
:«d  adi)ni  them  with  oolomns  set  near  one  another 
^i  with  stone  or  marble  entablatures,  and  they 
iiite  walks  in  the  unper  stories.** 
Acion^  the  irfopai  described  by  Pausanias,  that 
;{ ihe  Eleians  is  mentioned  by  him  (tL  24)  as 
>iiz  '^  not  on  the  same  plan  as  those  of  the  lo- 
-ui>  and  the  Greek  cities  adjoining  Ionia,  but  it 
13  n:ilt  in  the  more  ancient  fiuhion,  with  porticoes 
i-^aated  from  one  another,  and  streets  between 
'  m.  Bat  the  name  of  the  Agora  in  our  days  is 
llifArmua^  and  the  people  of  the  country  ez- 
•!^>!  tbcir  horses  there.  But  of  the  porticoes, 
i^  >ce  towards  the  south  i«  of  the  Dorian  style  of 
^  IX,  and  the  pillars  diT.'de  it  into  three  parts  (in 


AGORA, 


n 


this  the  Hellanodicae  genersHy  pass  the  day)  :  but 
against  these  (pillars)  they  place  altars  to  Zeus . . . 
To  one  going  along  this  portico,  into  the  Agors, 
there  lies  on  the  left,  along  the  ftirther  side  of 
this  portico,  the  dwelling  of  the  Hellanodicae 
{6  'EAAxvoSuce^) :  and  there  is  a  street  which 
divides  it  firom  the  Agora  . . .  And  near  the  por- 
tico where  the  Hellanodicae  pass  the  day,  is 
another  portico,  there  being  one  street  between 
them :  this  the  Eleians  call  the  Corcyraean  por- 
tico** (because  it  was  built  fix>m  the  tithe  of  spoil 
taken  from  the  Corcyraeans  in  war).  *^  But  the 
style  of  the  portico  is  Dorian  and  double,  haring 
colunms  on  the  one  side  towards  the  Agors,  and 
on  the  other  side  towards  the  parts  beyond  the 
Agora:  and  along  the  middle  of  it  is  a  wall, 
which  thus  supports  the  roof:  and  images  are 
placed  on  both  sides  against  the  wall**  He  then 
proceeds  to  mention  the  ornaments  of  the  Agors, 
namely,  the  statue  of  the  philosopher  Pyrrhon  ; 
the  temple  and  statue  of  Apollo  Acesius  ;  the 
statues  of  the  Sun  and  Moon  ;  the  temple  of  the 
Graces,  with  their  wooden  statues,  of  which  the 
dress  was  gilt,  and  the  hands  and  feet  were  of 
white  marble  ;  the  temple  of  Seilenus,  dedicated 
to  him  alone,  and  not  in  conmion  with  Dionysus ; 
and  a  monumental  shrine,  of  peculiar  fona,  with- 
out walls,  but  with  oak  pillars  supporting  the  roof, 
which  was  reported  to  be  the  monument  of  Ozylus. 
The  Agora  also  contained  the  dwelling  of  the  six- 
teen fmales,  who  wove  in  it  the  sacred  robe  for 
Hera.  It  is  worthy  of  remark  that  several  of 
these  details  confirm  the  high  antiquity  which 
Pausanias  assigns  to  thu  Agora. 

Hirt  has  drawn  out  the  following  plan  from  the 
description  of  Pausanias.  {G€$chidUB  dor  Bau- 
kimst  bet  den  AUm^  Tat  xxL  fig.  5.)  We  give  it, 
not  as  feeling  satisfied  of  its  complete  accuracy,  but 
as  a  usefril  conmientary  on  Pausanias. 


•    • 


d       n 


s 


s 


o/a 


•  •••••  mr^ 


GRX)UNO   PLAN  OF  THB  OLD  AGORA  AT   BLIS. 


A,  the  chief  open  space  of  the  agora,  called,  in 
tbf  time  of  Pausanias,  )appodrwMtt :  a,  colonnades 
t^^nttd  hy  streets,  6:  b,  the  Stoa  in  which  the 
Hellanodicae  sat,  divided  from  the  Agora  by  a 
nThfli  0 :  ^  the  house  of  the  Hellanodicae:  «^  the 
1  btlus :  D, the  Corcyraean  Stoa,  composed  of  two 
p^  c  looking  mto  the  Agora,  and  d  looking  away 
[nm  it:  e,  g.  A,  small  temples :  /  statues  of  the 
^lui  and  Moon :  i,  monument  of  Oxylus :  k,  house 
of  the  sixteen  women. 

In  this  Agora  the  Stoa,  B,  answers  to  the  kter 
^inlicoy  and  the  house  c,  to  the  prytaneivm  in  other 


Greek  ikyopai.  With  respect  to  the  other  parts,  it 
is  pretty  evident  that  the  chief  open  space,  a,  which 
Pausanias  calls  rh  fhtcuOpoy  rijr  iyopas,  was  de- 
voted to  public  assemblies  and  exercise,  and  the 
0TOCU  (a),  with  their  intervening  streets  (6),  to 
private  business  and  tra£Sc.  Hirt  traces  a  resem- 
blance of  form  between  the  Eleian  agora  and  the 
Forum  of  Trajan.  It  is  evident  that  the  words  of 
Vitruvius,  above  quoted,  refer  to  the  more  modem, 
or  Ionian  form  of  the  A^ra,  as  represented  in  the 
following  plan,  which   is  lUso   taken  from 


(Oetchiokte  der  Bauhmst,  xxi.  fig.  1)  :  — 


Hirt 


2J4 


AGORA. 


X\"c"rii"l"'\J 


I  I 


J_L 


PLAN  OP  A  GREEK   AGORA,   ACCORDING   TO 
VITRUVIUS. 

A,  the  open  court,  surrounded  hj  double  colon- 
nades and  shops:  B,  the  Curia:  c,  the  chief  temple, 


AGORA, 
also  used  as  a  treasury :  d,  the  Basilica,  or  court  of 
justice :  s,  the  Tholns,  in  connection  wiUi  the  other 
rooms  of  the  Prytaneium,  o,  d. 

The  cut  below,  which  is  also  firom  Hirt,  re- 
presents a  section  of  the  Agora  made  along  the 
dotted  line  on  the  plan. 

We  gain  further  information  respecting  tbe  build- 
ings connected  with  the  Agora,  and  the  works  of 
art  with  which  it  was  adorned,  chiefly  firom  the 
statements  of  Paosanias  respecting  those  of  par- 
ticular cities,  such  as  Athens  (i.  5.  §  2),  Thebes 
(ix.  17.  §  1),  Sicyon  (il  7.  §  7,  9.  §  6},  Argos  (ii. 
21),  Sparta  (iii.  11),  Tegea  (viil  47.  §  3),  Mega- 
lopolis (viil  80.  §  2),  to  which  passages  the  reader 
is  refened  for  the  details.  The  buildings  men- 
tioned in  connection  with  the  Agora  are  :  —  1. 
Temples  of  the  gods  and  shrines  of  heroes  [Tem- 
PLUU],  besides  altars  and  statues  of  divinities. 
The  epithet  iiyopcuos  is  often  applied  to  a  divinity 
who  was  thus  worshipped  in  the  Agora  (Paus. 
IL  ee.  ;  Aesch.  Ettmm,  976  ;  Soph.  Oed,  Tyr, 
161,  where  mention  is  made  of  the  circular  throne 
of  Artemis  in  the  Agora),  and  Aeschylus  ex- 
pressly refers  to  the  ^ol  iyopas  iruTK^oi  (Sept, 
c.  Theb.  271, 272).  2.  The  Senate-house  (i3owA€v- 
Hipioy),  and  other  places  for  the  meetings  of  the 
governing  bodies,  according  to  the  constitution  of  the 


8BCTION  OF  THE   SAME. 


particular  state :  in  the  Agora  at  Sparta,  for  ex- 
ample, there  were  the  senate-house  of  the  Gerontcs 
and  the  places  of  meeting  of  the  Ephori,  the  No- 
mophylaces,  and  the  Bidiaei.  3.  The  residence  of 
the  magistrates  for  the  time  being  [Prytaneium]. 
4.  Courts  of  justice  [Basilica].  5.  The  public 
treasury  [Thesaurus].  6.  The  prison  [Carcer]. 
7*  The  police  station,  ijf  such  a  term  may  be  ap- 
plied to  an  ancient  Agora.  At  Athens,  for  example, 
the  station  of  the  thousand  Scythian  bowmen,  who 
formed  the  police  force  of  the  state,  was  in  the 
middle  of  the  Agora :  this  does  not,  however,  seem 
to  have  been  a  permanent  building,  but  only  a 
number  of  tents.  8.  Buildings  used  for  the  re- 
gulation of  the  standards  of  measure,  and  so  forth  ; 
such  as  the  building  vulgarly  called  the  Temple  of 
the  Winds  at  Athens  [Horologium],  and  the 
Milliarium  Aureum  at  Rome,  which  seems  to  have 
been  imitated  from  a  similar  standard  at  Athens 
[Milliarium].  To  these  various  buildings  must 
be  added  the  works  of  art,  with  which  the  open 
area  and  the  porticoes  of  the  Agora  were  adorned  ; 
which  were  chiefly  in  celebration  of  gods  and 
heroes  who  figured  in  the  mythology,  of  men  who 
had  deserved  well  of  the  state,  of  victories  and 
other  memorable  events,  besides  those  which  ob- 
tained a  place  there  purely  by  their  merits  as 
master-pieces  of  art  As  a  specimen  we  may 
take  the  Agora  at  Athens,  a  portico  of  which, 
thence  called  the  oto&  TotKi\%  was  adorned  with 
the  paintings  of  Polygnotus,  Micon,  and  others, 


and  in  which  also  stood  the  statues  of  the  ten 
heroes  (4pXTy^o<)»  after  whom  the  Phylae  of 
Cleisthenes  were  named,  of  Solon,  of  Harmodius, 
and  Aristogeiton,  of  the  orator  Lycurgus,  and  of 
very  many  others.  It  was  customary  also  to  build 
new  porticoes  out  of  the  spoils  taken  in  great  wars, 
as  examples  of  which  we  have  the  Corcyraean  por- 
tico at  Elis,  mentioned  above,  and  the  Persian  por- 
tico at  Sparta. 

The  open  area  of  the  Agora  was  originally  the 
place  of  public  assembly  for  all  purposes,  and  of 
general  resort  Its  use  for  political  purposes  is  de- 
scribed in  the  preceding  article.  Here  also  were 
celebrated  the  public  festivals.  At  Sparta,  the 
part  of.  the  Agoia  in  which  stood  the  statues  of 
Apollo,  Artemis,  and  Leto,  was  called  X^(^^9  ^^^ 
cause  the  choruses  of  the  Ephebi  performed  their 
dances  there  at  the  festival  of  the  Gymnopaedin. 
(Pans.  iiL  9.)  Lastly,  it  was  the  place  of  social 
and  feshionable  resort  At  Athens,  fashionable 
loungers  were  called  iLyd^fiara  ayofms. 

Originally  the  Agora  was  also  the  market,  and 
was  surrounded  with  shops,  as  shown  in  the  above 
plan.  As  commerce  increased,  it  was  found  con- 
venient to  separate  the  traffic  firom  the  other  kinds 
of  business  carried  on  in  the  Agora,  and  to  assij^ 
to  each  its  distinct  place,  though  this  was  by  no 
means  universally  the  case.  The  market,  whether 
identical  with,  or  separate  firom  the  Agora  for  po- 
litical and  other  assemblies,  was  divided  into  prta 
for  the  different  sorts  of  merchandise,  each   of 


AGORA. 

coone  fiirmfihwl  with  ooLamiadei^  which  the  cJiouite 
imdeced  neoensrj,  and  partly  with  shops  and 
staSkf  paztly  with  temporary  booths  of  wicker- 
vtak  (^KfM,  Hazpocr.  &  «.  0'Ki|rin|s  ;  Demosth. 
d«ar.p.284X  JBach  of  these  parts  was  called  a 
«BcAs&  It  is  genexaUy  stated  that  this  tem  was 
applied  only  to  that  dirisum  of  the  market  where 
lusit,  fish,  and  such  things  were  sold  ;  bat  Becker 
baa  shown  that  it  was  vised  also  for  other  parts  of 
the  vmAtt  {OkanUes^  toL  L  pp.  268,  269).  The 
KTccal  diTinaas  of  the  market  were  named  ac- 
csrdiDg  to  the  articles  exposed  for  sale  in  them. 
(Pan.  iz.  47,  z.  19.)  Of  these  diTinons,  the  fol- 
hwu^  were  the  most  important 

The  part  in  which  fish  and  other  delicacies  fiir 
the  tdbk  w«ie  exposed  to  Bale  was  called  I'x^vt, 
jifa»,  or  ixft'^a^MAiy  ^"T^P^  <nd  was  the  chief 
eeosR  of  hosiTW<.     It  was  open  only  fixr  a  limited 
tme^  the  signal  fat  commencinff  business  being 
given  hy  the  sound  of  a  bell,  which  was  obeyed 
with  an  eagerness  that  is  more  than  once  plea- 
fiady  refiemd  to  by  the  ancient  writeis.  (Pla- 
ttfch,  J^^poa.  It.  4,  2  ;  Strah.  xi v.  p.  658. )      The 
eoaneoeas  and  impositions  of  the  fishaellen,  and 
the  attempts  of  pnrehaserB  to  beat  them  down,  are 
fieqjBeatiy  alladed  to  by  the  comic  poets.  ( Amphis, 
ef^AA.  fL  pi  224,  e. ;  Alexis,  ibid. ;  XenarcL  ibid, 
pu  225,  c;  Alexia,  ibid.  p.  226,  a,  b.;  comp.  Pkt 
Le^  XL  p.  9 1 7.)  It  is  not  quite  clear  whether  meat, 
pesltry,  and  so  forth,  were  sold  in  the  Bame  place 
as  the  fiih,  or  had  a  sepaiate  division  of  the  market 
ssfeigBed  to  them.     Bread  was  partly  sold  in  the 
aa^Dcd  place   in  the  market,  which  was  per- 
haps the  nrae  as  the  meal-market  (rh,  lU^ira), 
and  partly  carried   romd  for  sale :   the   sellers 
wrre   geaesally   women,  and   were   proverbially 
ab^ire.    (Aristoph.  Am.  857,   Vesp.  1389.)     In 
sDother  part  of  the  market,  called  /w^^iyat^  were 
dhe   anaen   who  sold  garlands  of   myrtle  and 
sowcn  be  fiestivals  and  parties.  (Pint  Arat.  6 ; 
Aristpph.  Tkesm,  448,  457.)     Near  these,  pro- 
bohlT,  were  the  sellers  of  ribands  and  fillets  for 
the  had.    (Demoath.  n  Evbid.  p.  1308.)     The 
w^Miesale  tmffic  in  wine,  as  distinct  from  the 
hauias  of  the  jcdbnpAos  [Caupo],  was  carried  on 
m  the  market,  the  wine  being  brought  in  from 
the  eoantry  in  carts,  from  which  it  was  transfened 
to  smphone:  the  process  is  represented  in  two 
pictams at  Pompeii.  (Alexis^  c^.  Alh,  x.  p.  431,  e.; 
Mm.  Bmrboa.  toL  iv.  Relax,  d.  Scav.  A.,  and  toL  t. 
p.  4&)  [Amphora.]    The  market  for  pottery  was 
ealkd  x^rpeu  ;  and  must  not  be  confounded  with 
the  plaee  where  cooks  sat  and  offered  themselves 
isi  hire,  with  their  cooking  utensils:  this  latter 
«^a6e  was  called  /tay€ip€UL,  (Poll.  ix.  48  ;  Alexis, 
^  AUl  ir.  p.  164,  £)    In  short,  every  kind  of  ne- 
cessary cr  luxury  was  exposed  for  sale  in  its  as- 
sigaed  place.     Thus,  we  fold,  besides  those  already 
mentianed,  the  market  for  onions  (t&  Kp6/iva\  for 
garlidc  ^r^  0'K6poSay,  fat  nuts  (r^  ic<(pua),  for 
ap^  (rh  ^AaX  for  teeh  cheese  (o  x^P^'  rvp6s\ 
for  oil  {roCXjuom\  for  perfumes  and  unguents  (rk 
f»paL  tat  frankincense  {6  Xi€aafar6s)^  for  spices 
(ri  ipi/imraX  for  conches  (w*  icXZmu),  for  new  and 
fiU  dothes  (SyofA  tfiamSuroaikiS,  or  (nretp^«Xis, 
P<dL  ^  78),   for  books  (iSi^Aio^mj),  and  for 
ihru  (ra  M^N£n9a,  PoIL  x.  19).     Lastly,a  part 
t£  tbe  market  was  devoted  to  the  money-changers 
{rparfCrai),  [ArgsntabilJ     Mention  is  some- 
timcs  Bade  of  the   women^  market,  ywauctla 
^Tsp^  *  tenn  which  has  giren  rise  to  much  doubt 


AGORA.  85 

(Theopfar.  Oar,  2 ;  Poa  z.  18.)  The  eommen 
exphumtion  is,  that  it  was  the  part  of  the  market 
to  which  women  resorted  to  pmthase  what  they 
wanted  for  household  uses,  ^t  it  appears  dearly 
that  pnrehases  were  seldom  made  in  the  market 
by  women,  and  never  by  free  women.  The  only 
pkusible  explanation  is,  either  that  a  distmct  part 
of  the  market  was  assigned  to  those  commodities, 
the  seUers  of  which  were  women,  such  as  the 
^osniXiScf,  XcjriA9r^Ajt«f,  Xfx«i'«*^^^'«  ^^^ 
^ayov^A^r,  and  others,  cr  else  that  the  tern 
was  applied  to  that  part  of  the  msrkat  where 
articles  for  the  use  of  women  were  sold.  But  the 
matter  is  altogether  doubtfiiL  The  above  list  of 
commodities,  sold  in  the  respective  diviskms  of  the 
market,  might  he  still  further  extended.  Indeed, 
with  reference  to  the  Athenian  market,  to  whidi 
the  description  chiefly  applies,  there  can  be  no 
doubt  that  every  article  of  home  prodnes  or  of 
foreign  oommeree  from  the  known  world  was  there 
exposed  for  sale.  (See  Thuc.  iL  18  ;  Xen.  Oscoa. 
AtA.  il  7  ;  Isocr.  Pan^,  64  ;  Ath.  xiv.  p.  640, 
b,c.) 

It  is  not  to  be  supposed,  however,  that  the  sale 
of  these  various  articles  was  confined  to  the  market 
Frequent  mention  is  made  of  shops  in  other  parts 
of  the  dty  (s.  g.  Thuc  viil  95),  and  some  arddes, 
such  as  nit  fish,  seem  to  have  been  sold  outside 
the  gates.  (Aiistoph.  Equit,  1246.) 

The  time  durii^  which  the  market  was  fre- 
quented was  the  forenoon  ;  but  it  is  difficult  to  de- 
termine precisely  how  much  of  the  forenoon  is 
denoted  by  the  common  phrases  xA^AMNra  &70p^ 
ircpl  wKffiwo'cv  irYOpdw^  s-Ai|0«Spi}  iyopas.  (Herod, 
ii.  173,  vii  223.)  Suidas  (i.  v.)  expUuns  w\ii$ovffa 
iryopd  as  Apa  rpinf,  but  elsewhere  (nv.  w«pl  wA^. 
ay.)  he  says  that  it  was  either  the  fourth,  or  fifth, 
or  sixth  hour.  We  might  infer  that  the  whole 
period  thus  designated  was  from  nine  to  twelve 
o^dock  (equinoct^  time)  ;  but  Herodotus,  in  two 
passages  (iii  104,  iv.  181)  makes  a  distinction  be- 
tween  wA^vo-a  iiyopd  and  fuffrifiBpia,  (Comp. 
Libon.  Ep,  1084.)  The  time  of  the  condusion  of 
the  market  was  called  iyapas  HidXveru  (Herod,  iii 
104,  comp.  Xenoph.  Oeam.  12,  1  ;  and  for  a  fiir- 
ther  discussion  respecting  the  time  of  the  full  mar- 
ket, see  Duker,  ad  TT^ue,  riii.  92 ;  Wessding,  ad 
Diod,  Sie.  xiiL  48 ;  Perixon.  ad  Aeiiam.  V.  H.  xii. 
30  ;  Gesner  and  Reiz,  ad  Ladan,  PUIopt,  11,  vol. 
iii  pi  38 ;  Bfthr,  ad  Herod.  \l  173.)  Daring  these 
hours  the  market  was  a  place  not  only  of  traffic 
but  of  general  resort  Thus  Socrates  habitually 
frequented  it  as  one  of  the  places  where  he  had  tho 
opportunity  of  conversmg  with  the  greotest  number 
of  persons.  (Xen.  Mtm.  I  1.  §  10  ;  PUt  ApoL  p. 
17.)  It  was  also  firequented  in  other  parts  of  the 
day,  especially  in  the  evening,  when  many  persons 
might  be  seen  walking  about  or  resting  upon  seats 
phued  under  the  colonnades.  (Demosth.  tn  Ccn, 
pi  1258;  Pseudo-Plut  VU.  X.  Or,  ^  849,  d. ; 
Lucian.  Jup,  Trag,  16,  vol.  iL  p^  660.)  Even  the 
shops  themselves,  not  only  those  of  the  barbers,  the 
perfumers,  and,  the  doctors,  but  even  those  of  the 
leather-seUers  and  the  hamess-maken,  were  com- 
mon places  of  resort  for  conversation ;  and  it  was 
even  esteemed  discreditable  to  avoid  them  alto- 
gether. (Aristoph.  PluL  337,  Av,  1439 ;  Xen. 
Mem.  iv.  2.  §  1 ;  Lysias,  tn  PamsL  pp.  730,  73^ 
de  InvaL  pi  754  ;  Demosth.  m  Aristog.  p.  786.) 

The  persons  who  carried  on  traffic  in  the  market 
were  the  country  people  {kyopcSoi)^  who  brought 
D  2 


36 


AGORA. 


in  their  commoditiefl  into  the  city,  and  the  retail 
dealers  (KdwriXoi)  who  exposed  the  ooods  pur- 
chased of  the  former,  or  of  producers  of  any  kind 
(ttinov&Keu),  or  of  foreign  merchants  (liiiropoi),  for 
sale  in  the  markets.  (Plat,  de  Bepub,  u,  p^  371  ; 
Xen.  Mem,  iil  7.  §  6 ;  Pint  Arat.  8  ;  Caupo.) 
A  certain  degree  of  difgnice  was  attached  to  the 
occupation  of  a  retail  dealer,  though  at  Athens 
there  were  positiTO  enactments  to  the  contrary. 
(Andoc  de  Myst.  p.  68  ;  Aristot  de  Repub,  L  10, 
iil  6  ;  Plat  Leg,  id,  pp.  918,  919  ;  Diog.  La&t  l 
104,  ix.  66 ;  Aristoph.  Eq,  181 ;  Demosth.  e,  Eutnd. 
SO,  p.  1303.)  There  is  an  interesting  but  very 
difficult  question  as  to  the  effect  which  the  occu- 
pation of  selling  in  the  market  had  npon  the  social 
position  of  women  who  engaged  in  it  (Demosth. 
in  Neaer,  p.  1367  ;  Lys.  in  Theonm,  p.  361  ;  Plut 
SoL  23 ;  Harpocr.  and  Snid. «.«.  UmXakri ;  Becker, 
ChariUet^  toL  L  pp.  260—266.)  The  wholesale 
dealers  also  sold  their  goods  by  means  of  a  sample 
(8c?y/Mi),  either  in  the  market,  or  in  the  place 
called  Hfiy/Mf  attached  to  the  port.  (Haipocr. 
8,v.  9t7yfUL  I  Poll.  ix.  34  ;  Plut  Demoetk  23 ; 
Plat  Leg.  viL  p.  788 ;  Diphil.  ap,  Ath,  xi.  p.  499,  e. ; 
B5ckh,  Earn,  of  Ath,  p.  58,  2d  ed.)  The  retafl 
dealers  either  exposed  their  goods  for  sale  in  their 
shops,  or  hawked  them  about  (AristoplL  Aeham. 
33 ;  Plut  Apophih.  Lcuxm.  62,  p.  236.)  The  pri- 
vilege of  freely  selling  in  the  market  belonged  to 
the  citizens :  foreigners  had  to  pay  a  toll.  (De- 
mosth. M  Evbd.  p.  1308  ;  Bdckh,  Eootu  of  Ath, 
p.  313.) 

Most  citizens  either  made  their  own  purchases 
in  the  market  (Aeschin.  a,  Timardi.  p.  87 ; 
Aristoph.  Lynatr.  555 — 559),  or  employed  a  slave, 
who  was  called,  from  his  office,  kyopaimis  (Xen. 
Menu  i  5.  §  2  ;  comp.  Ath.  iv.  p.  171  ;  Poll  iil 
126  ;  Terent  Andr,  il  2.  31.)  Sometimes  female 
slaves  performed  this  office  (Lysias,  de  Oaed. 
Eratosth,  p.  18,  comp.  p.  11),  but  such  an  appear- 
ance in  public  was  not  permitted  to  any  free  wo- 
man, except  a  courtezan  (Machon,  ap,  Ath,  xiil 
p.  580.)  The  philosopher  Lynceus,  of  Samos, 
wrote  a  book  for  the  guidance  of  purchasers  in  the 
market  (Ath.  vi.  p.  228.)  It  was  esteemed  dis- 
reputable for  people  to  carry  home  their  purchases 
from  the  markets,  and  there  were  therefore  porters 
in  attendance  for  that  purpose,  who  were  called 
wpoihftucoif  Ttulktfttmyfs,  and  TouSdvcf.  (Theo- 
phrastCSktr.  xvii. — ^xxii. ;  Hesych.  a,v.  irpolivtucoi.) 
The  preservation  of  order  in  the  market  was  the 
office  of  the  Aooranomi. 

Both  the  architectural  details  of  the  Agora  and 
the  uses  of  its  several  parts  might  be  further  illus- 
trated by  the  remains  of  the  iryopi  or  iyopal  (for 
it  is  even  doubtful  whether  there  were  two  or  only 
<me)  at  Athens  ;  but  this  would  lead  us  too  fiir  into 
topographical  details.  This  port  of  the  subject  is 
fully  discussed  in  the  following  works:  Leake, 
Topogfry^kg  of  Athens;  Krause,  HeUcu,  vol.  ii.  ; 
Miiller,  in  Ersch  and  Gruber^s  Enegdop'ddiej  art 
Attioa;  Hirt,  Lehre  d,  Geb'dude,  ch.  v.  supp.  1  ; 
Wachsmuth,  Hellen,  AUerthunuk,  vol.  i.  supp.  6,  b, 
2ded. 

For  the  whole  subject  the  chief  modem  au- 
thorities are  the  following :  —  Hirt,  Lehre  d,  Ge- 
baude  d.  ChrietAen  und  Romem,  ch.  v. ;  Stieglitz, 
Arch'doL  d.  Bcmkunsi;  Wachsmuth,  Hellenieehe 
Aiterihumshmde ;  Bdckh,  PuUie  Oecommy  of 
Athene ;  and  especially  Becker,  Charikles^  4th 
floene,  vol.  i.  pp.  236 — ^296,  in  the  original.    [P.S.] 


AGRAPHIOU  GRAPHE. 

AGORA'NOMI  (iyopay6fwt)  were  public 
fimctionaries  in  most  of  the  Grecian  states,  whose 
duties  corresponded  in  many  respects  to  those  of 
the  Roman  aediles  ;  whence  Greek  writers  on 
Roman  af&irs  call  the  aediles  by  this  name.  Under 
the  Roman  empire,  the  agoranomi  were  called 
Koyiffrai  (SchoL  ad  Aristoph,  Acham,  688):  they 
enjoyed  in  later  times  great  honour  and  respect, 
and  their  office  seems  to  have  been  regarded  as 
one  of  the  most  honourable  in  the  Greek  states. 
We  frequently  read  in  inscriptions  of  their  being 
rewarded  wi^  crowns,  of  which  many  instances 
are  given  by  MQller.  (Aegineliea^  p.  138)  They 
were  called  by  the  Romans  curatores  reiptsUieae, 
(Cod,  1.  tit  54.  s.  3.) 

Agoranomi  existed  both  at  Sparta  and  Athens. 
Our  knowledge  of  the  Spartan  agoranomi  is  very 
limited,  and  derived  almost  entirely  from  inscrip- 
tions. They  stepped  into  the  place  of  the  ancient 
Empdori  ((far4Ko9poi)  in  the  time  of  the  Romans. 
They  formed  a  collegium  (trwapx^^)  ^^  ^^^  ^^ 
their  head,  called  *p4ir€vs  (B5ckh,  Corp,  Instr. 
vol  i.  p.  610 ;  and  Sauppe  in  Rheimsches  Museum^ 
vol  iv.  p.  159,  New  Series.)  The  Athenian  ago- 
ranomi were  regular  magistrates  during  the  flourish- 
ing times  of  the  republic.  They  were  ten  in 
number,  five  for  the  city  and  five  for  the  Peiraceus, 
and  were  chosen  by  lot,  one  from  each  tribe. 
(Dem.  e,  Timoar,  p.  735 ;  Aristoph.  Adham,  689.) 
The  reading  in  Harpocration  (s.  v,  iL'yopay6fun), 
which  mentions  twenty  agoranomi,  fifteen  for  the 
city,  and  five  for  the  Peiraeeus,  is  false.  (Biickh, 
Corp,  Inscr,  voL  i.  p.  337.) 

The  principal  duty  of  the  agoranomi  was«  as 
their  name  imports,  to  inspect  the  market,  and  to 
see  that  all  the  laws  respecting  its  regulation  were 
properly  observed.  They  had  the  inspection  of  all 
things  which  were  sold  in  the  market,  with  the 
exception  of  com,  which  was  subject  to  the  juris- 
diction of  the  <riTo^v\aic(s.  [Sitophylacb&] 
The  agoranomi  had  in  fact  chiefly  to  attend  to 
retail-trade  (KomiXcia) :  wholesale-trade  was  not 
much  carried  on  in  the  market-place,  and  ^'as 
under  the  jurisdiction  of  the  ^xi/ucXifrai  rov  *£fu 
mpiov.  They  regulated  the  price  and  quantity  of 
all  things  which  were  brought  into  the  market, 
and  punished  all  persons  convicted  of  cheating, 
especially  by  fifdse  weights  and  measures.  They 
had  in  general  the  power  of  punishing  all  infraction 
of  the  laws  and  regulations  relating  to  the  maiicct, 
by  inflicting  a  fine  upon  the  citizens,  and  personal 
chastisement  upon  foreigners  and  slaves,  for  which 
purpose  they  usually  carried  a  whip.  They  had 
the  care  of  all  the  temples  and  fountains  in  the 
market-place,  and  received  the  tax  {^eyiKhy  riKos) 
which  foreigners  and  aliens  were  obliged  to  pay  for 
the  privilege  of  exposing  their  goods  for  sale  in  the 
market  (Schol.  ad  Aristoph,  Acham.  689 ;  Plat 
Leg.  vl  p.  763,  viii.  p.  849,  xi.  pp.  91 7, 918 ;  Liban. 
Dedam.  46  ;  hyopas  rikos,  Aristoph.  Aeham. 
861,  and  Schol ;  Phot  s,  v.  Korh  -Miy  hyopdy.) 
The  public  prostitutes  were  also  subject  to  their 
regulations,  as  was  the  case  at  Corinth  (Justin,  xxi. 
5.},  and  they  fixed  the  price  which  each  prostitute 
was  to  take.  (Suid.  and  Zonar.  s,  v,  Htdypofifxa.) 
The  duties  of  the  agoranomi  resembled  those  of  the 
astynoml  [Astynoml]  (Meier,  Att,  Process^ 
pp.  89—92;  Biickh,  PubL  Eeon.  of  Athens^  pp.  48, 
333,  2nd  ed.) 

AGRATHIOU  GRAPHE'  (hypa^looypa^). 
The  names  of  all  persons  at  Athens  who  owed  any 


AGRARIAE  LEGES. 

n»  af  moner  to  the  tlate  (ol  ry  Siyiooiy  i^H- 
Aflrrcs)  wcfe  Rgiftered  by  the  pnctares  (vpdbr- 
Tfljpci)^  upon  teUets  kept  Ibr  that  parpoM  in  the 
teapie  ef  Athena,  «i  the  Acropolis  (Dem.  &  Ari$U)g, 
L  PL  791;  Haipotf.  andSiiidaa,  jl  v.  ▼cvdryTpo^); 
and  heoee  the  expRasion  of  being  r^giitered  on  the 
Acnpolit  (fvTrypcviffr^vaf  Ir 'Aicpov^ci)  alwayi 
mans  bang  indebted  to  the  state.  (Dem.  e, 
TVKr.pil^S?.)  Whoever  paid  his  fine  after  Rgis- 
trauan  vas  erased,  either  whoUj  or  in  part,  ac- 
cacdinf  to  the  amoont  paid  ;  bat  if  a  pemn^  name 
w  impiupeily  erased,  he  was  subject  to  the  action 
ias  BoB-frgistatioa  {kypai^ian  Tpoi^),  which  was 
vad<r  the  jnnsdictaon  of  the  thesinothetae.  If  sn 
iadnridBal  was  not  legisteied,  he  could  onl  j  be 
pci^feded  agaiuBt  by  Imi(i5,  and  was  not  liable 
to  the  *if^liw  7paj4  (DenuM  Tleoer.p.  1338.) 
HenrchioB,  wboae  aoooant  has  been  fi)ilowed  by 
UemsteriiBis  and  Weosding^  '^P^*'*  ^  ^^  ^^^^ 
minshcn  in  saying  that  the  ^Tpo^bv  Tpo^  cooid 
be  institnted  against  debton,  who  had  not  been 
nvisletcd.  (Meier,  AtL  Proem^  ppw  353,  354 ; 
Bodih,  AiUL  JSbMk  4^^i«ais,  pp.  388,389,  2nd  ed.) 

AGRAPHOU  METALLOU  GRAPHE' 
{irfpii^m  p^erJjJKmt  ypm^)  was  an  action  bnraght 
befsce  the  thesmothetae  at  Athens,  against  an  in> 
diTidnal,  who  worked  a  mine  withoat  haying  pre- 
Tioady  zegistered  it.  The  state  reqniied  that  all 
abes  ihoaM  be  registeied,  becanse  the  twenty* 
luarth  part  of  their  prodnce  was  payable  to  the 
pabljc  trewny.  (Blk^  PM.  Boom,  ^  Aikau, 
It  664,  2Dd  ed. ;  Meier,  AtL  ProeeM,  p.  354.) 

AORA'RIAE  LEGE&  '^  It  is  not  exactly 
trae  tlai  the  agrarian  hw  of  Cassias  was  the 
oriiest  that  was  so  caDed:  erery  law  by  which  the 
ennsMNiwealth  dispooed  of  its  pablic  land,  bore 
that  name ;  as,  for  instance,  that  by  which  the 
I  of  die  hiqga  was  panelled  out  among  the 
and  those  by  which  colonies  were 
JSycn  in  the  narrower  sense  of  a  law 
vheRby  the  state  exercised  its  ownership  in  re- 
iBoriag  the  old  possessors  from  a  part  of  its 
dMiaiB,  and  making  oTer  its  right  of  property 
therein,  sadi  a  law  existed  among  those  of  Stfrios 
Tuffiaa.*'  (Niebohr,  Rom.  HuL  toL  ii  p.  129. 
toad.) 

The  conplete  history  of  the  emKtments  caDed 
ajsmran  laws,  either  in  the  larger  and  more  cor^ 
p!ct  sense,  or  in  the  narrower  sense  of  the  term, 
as  expfadncd  in  this  extract,  would  be  out  of  place 
\tn.  The  partJcnlar  objects  of  each  agrarian  law 
oast  be  swrrtnuifd  from  its  prorisions.  But  all 
these  onmenms  enactments  had  reference  to  the 
pebfic  land  ;  and  many  of  them  were  passed  for 
tke  porpose  of  settling  Roman  colonies  in  con- 
^Bcred  dirtricts,  and  ssirigning  to  the  loiduri,  who 
femed  a  large  part  of  such  colonists,  their  shares 
a  HKh  lands.  The  true  mfaning  of  all  or  any  of 
thoe  oiactBicnts  can  only  be  understood  when  we 
kKTc  farmed  a  eorrect  notion  of  property  in  land, 
SI  leDognised  by  Roman  biw.  It  is  not  necessary, 
is  order  to  obtain  this  eorrect  notion,  to  ascend  to 
the  origin  of  the  Roman  state^  thoogh  if  a  eom- 
ptefe  history  of  Rome  could  be  written,  our  con- 
eeptin  of  the  real  character  of  property  in  had, 
SI  noqgBiwd  bj  Roman  kw,  would  be  more  en- 
isijied  and  more  precise  But  the  system  of 
Bdoon  law,  as  it  existed  under  the  emperorB, 
cootmed  both  the  terms  and  the  notions  which 
keksged  to  those  early  agea,  of  which  they  are 
the  Bsst  folthfal  historical  moouments.    In  an 


AGRARIAE  LEGESL 


37 


inquiry  of  the  present  kind,  we  may  bcgb  at  any 
point  in  the  historical  series  which  is  definite,  and 
we  may  aseend  from  known  and  mtelligible  no- 
tions which  belong  to  a  hOer  age,  towards  their 
historical  origin,  thoqgh  we  may  nerer  be  aUe  to 
reach  it. 

Gains  (iL  2;  Ac.),  who  probably  witite  under 
the  Antonines,  made  two  chief  dinsions  of  Roman 
hud  ;  that  which  was  dnmd  jmv^  and  that  which 
Land  which  was  diTini  juris 


was  either  socer  or  nNgiont,  (Compare  Frontmus, 
De  JU  Agraria^  xiiL  or  p.  42.  ed.  Goes.)  Land 
which  was  nccr  was  consecnted  to  the  Dii  So- 
pen ;  knd  which  was  religiosos  belonged  to  the 
Dii  Manes.  Land  was  lude  nccr  by  a  lex  or 
senatus  consoltnm  ;  and,  as  the  context  shows, 
such  land  was  land  which  had  belonged  to  the 
state  (jNfw&is  Romamma),  An  individual  could 
make  a  portion  of  his  own  land  religiosus  by  the 
interment  in  it  of  one  of  his  fiunily :  but  it  was  the 
better  opinion  that  hmd  in  the  provinces  could  not 
thus  be  made  religiosus  ;  and  the  reason  given  is 
this,  that  the  ownenhip  or  property  in  prorincial 
Isnds  is  either  in  the  state  {pop,  Roml)  or  in  the 
Caesar,  and  that  individuals  have  only  the  posses- 
sion and  enjoyment  of  it  (/MssessftO  ei  mms  /no- 
tes).  Provincial  huids  were  either  tt^Dmdiaria  or 
tnbmtaria:  the  stipendiaria  were  in  those  provinces 
which  were  considered  to  belong  to  the  Roman 
state ;  the  tributaria  were  in  those  provinces  which 
were  considered  as  the  property  of  the  Caesar. 
Land  which  was  humani  juris,  was  divided  into 
public  end  private:  public  hmd  belonged  to  the 
state  ;  private  huid,  to  individuals. 

It  would  seem  to  follow  from  the  legal  form  ob- 
served in  making  land  sacer,  that  it  thereby  ceased 
to  be  publicus  ;  for  if  it  still  continued  publicus,  it 
had  not  changed  its  essential  quality.  Niebuhr 
(Appendix  l  vol.  iL)  has  stated  that  **  all  Roman 
hmd  was  either  the  poperty  of  the  state  (common 
land,  domain),  or  pnvate  property, — ant  pMiau 
a¥t  pricattu;^  and  he  adds  tliat  **  the  landed 
property  of  the  state  was  either  consecrated  to  the 
gods  (mieer)f  or  allotted  to  men  to  reap  its  fruits 
{proyamm$,kmHamjtaru)/*  Niebuhr  then  refers  to 
the  view  of  Gains,  who  makes  the  division  into 
dMm  jitns  and  Iwamsi'  jftrU,  the  primary  divi- 
sion ;  but  he  relies  on  the  authority  of  Frontimis, 
supported  by  Livy  (viii  14),  as  evidence  of  the 
correctness  of  his  own  division.* 

Though  the  origin  of  that  kind  of  property 

*  It  is  obvious,  on  comparing  two  passages  in 
Frontinus  (De  Be  Agraria  xi  xiii.),  that  Niebuhr 
has  mistaken  the  meaning  of  the  writer,  who 
clearly  intends  it  to  be  inferred  that  the  sacred 
land  was  not  public  land.  Besides,  if  the  meaning 
of  Frontinus  was  what  Niebuhr  has  supposed  it  to 
be,  his  authority  is  not  equal  to  that  of  Gains  on  a 
matter  which  specially  belongs  to  the  province  of 
the  jurist,  and  is  foreign  to  that  of  the  agrimensor. 
The  passage  of  Livy  does  not  prove  Niebnhr^s 
assertion.  Livy  merely  states  that  the  temple  and 
grove  of  Sospita  Juno  should  bo  common  to  tho 
Lanuvini  municipes  and  the  Roman  people ;  and 
in  what  other  terms  could  he  express  the  fact 
that  the  temple  should  be  used  by  both  people  ? 
That  does  not  prove  that  a  temple  was  eofuudered 
the  same  kind  of  pablic  property  as  a  tract  of 
unoonsecrated  land  was.  The  form  of  dediUon  in 
Livy  (L  38)  may  easily  be  explained. 
D  3 


S8 


AGRARIAE  LEGES. 


called  public  land  must  be  refened  to  the  earliest 
ages  of  the  Roman  state,  it  appears  from  Gains  that 
under  the  emperors  there  was  still  land  within  the 
limits  of  the  empire,  the  ownership  of  which  was 
not  in  the  individuals  who  potaetfed  and  enjoyed  it, 
but  in  the  populus  Romanns,  or  the  Caesar.  This 
/XMMsnon  and  enjoyment  are  distinguished  by  him 
from  ownership  (dominntm).  The  term  po§semo 
frequently  occurs  in  those  jurists  from  whom  the 
Digest  was  compiled ;  but  in  these  writers,  as  they 
are  known  to  us,  it  applies  only  to  private  land, 
and  the  Ager  Publicus  is  hardly,  if  at  all,  ever 
noticed  by  Siem.  Now  this  term  Poesessio,  as  used 
in  the  Digest,  means  the  possession  ofpriwUe  land 
by  one  who  has  no  kind  of  right  to  it ;  and  this 
possessio  was  protected  by  the  praetor^  interdict, 
even  when  it  was  without  bona  fides  or  justa 
causa:  but  the  term  Possessio  in  the  Roman 
historians,  Livy  for  instance,  signifies  the  occupar 
tion  (occupatio)  and  enjoyment  ofpubiic  land  ;  and 
the  true  notion  of  this,  tae  original  Possessio,  con- 
tains the  whole  solution  of  the  question  of  the 
Agrarian  Laws.  For  this  solution  we  are  mainly 
indebted  to  Niebuhr  and  Savigny. 

This  latter  kind  of  PossessiaJI  that  which  has 
private  land  for  its  object,  is  demonstrated  by 
Savigny  (the  term  hero  used  can  hardly  be  said 
to  be  too  strong)  to  have  arisen  from  the  first 
kind  of  possessio :  and  thus  it  might  readily  be 
supposed  that  the  Roman  doctrine  of  possessio,  as 
applied  to  the  occupation  of  private  land,  would 
throw  some  light  on  the  nature  of  that  original 
possessio  out  of  which  it  grew.  In  the  imperial 
period,  public  land  had  almost  ceased  to  exist  in 
the  Italian  peninsula,  but  the  subject  of  possession 
in  private  lands  had  become  a  well  understood 
branch  of  Roman  law.  The  remarks  in  the  three 
following  paraffraphs  are  from  Savigny*s  valuable 
work,  Das  Recht  des  Bentxes  (5th  ed.  p.  172)  :-> 

1.  There  were  two  kinds  of  land  in  the  Roman 
state,  ager  ptMiats  and  ager  privatus:  in  the 
latter  alone  private  property  existed.  But  con- 
formably to  the  old  constitution,  the  greater  port 
of  the  agcr  publicus  was  occupied  and  enjoyed  by 
private  persons,  and  apparently  by  the  patricians 
only,  or  at  least  by  them  chiefly  till  the  enact- 
ment of  the  Lidnian  Rogations  ;  yet  the  state 
could  lesume  the  land  at  pleasure.  Now  we  find 
no  mention  of  any  legal  form  for  the  protection  of 
the  occupier,  or  Possessor  as  he  was  called,  of  such 
public  land  against  any  other  individual,  though 
it  cannot  be  doubted  that  such  a  form  actually 
existed.  But  if  we  assume  that  the  interdict 
which  protected  the  possession  of  an  individual  in 
private  land,  was  the  form  which  protected  the 
possessor  of  the  public  land,  two  problems  are 
solved  at  the  same  time, — an  historical  origin  is 
discovered  for  possession  in  private  land,  and  « 
legal  form  for  the  protection  of  possession  in  public 
land. 

An  hypothesis,  which  so  clearly  connects  into 
one  consistent  whole,  facts  otherwise  incapable  of 
such  connection,  must  be  considered  rather  as 
evolving  a  latent  fact,  by  placing  other  known 
fiicts  in  their  true  relative  position,  than  as  in- 
volving an  independent  assumption.  But  there 
is  historical  evidence  in  support  of  the  hypo- 
thesis. 

2.  The  words  possessio,  possessor,  and  possidere 
are  the  technical  terms  used  by  writers  of  very 
different  ages,  to  express  the  occupation  and  the 


AGRARIAE  LEGES. 

enjoyment  of  the  public  hmds ;  that  is,  the  notion 
of  occupying  and  enjoying  public  land  was  in  the 
early  ages  of  the  republic  distinguished  from  the 
right  of  property  in  it  Nothing  was  so  natoral  as 
to  apply  this  notion,  when  once  fixed,  to  the  pos- 
session of  private  land  as  distinct  from  the  owner- 
ship ;  and  accordingly  the  same  technical  terms 
were  applied  to  the  possession  of  private  land. 
Various  applications  of  the  word  possessio,  with 
reference  to  private  land,  appear  m  the  Roman 
law,  in  the  bonorum  possessio  of  the  praetorian 
heres  and  others.  But  all  the  uses  of  the  word 
possessio,  as  applied  to  ager  privatus,  however 
they  may  differ  in  other  respects,  agreed  in  this :  — 
they  denoted  an  actual  possession  and  enjoyment 
of  a  thing,  without  the  strict  Roman  (Quiritarian) 
own^ship. 

8.  The  word  possessio,  which  originally  signified 
the  right  of  the  possessor,  was  in  time  used  to 
signify  the  object  of  the  right  Thus  offer 
signified  a  piece  of  land,  viewed  as  an  object  of 
Quiritarian  ownership ;  possessio,  a  piece  of  land, 
in  which  a  man  had  only  a  bonitarian  or  beneficial 
interest,  as,  for  instance,  Italic  land  not  transferred 
by  mancipatio,  or  land  which  firom  its  nature  could 
not  be  the  subject  of  Quiritarian  ownership,  as 
provincial  lands  and  the  old  ager  publicus.  Pos- 
sessio accordingly  implies  usus;  ager  implies  pro- 
prietas  or  own<ffship.  This  explanation  of  the 
terms  nger  and  possessio  is  from  a  jurist  of  the 
imperial  times,  quoted  by  Savigny  (Javolcnns, 
Dig.  60.  tit  16.  s.  116)  ;  but  its  value  for  the 
purpose  of  the  present  inquiry  is  not  on  that  ac- 
count the  less.  The  ager  publicus,  and  all  the  old 
notions  attached  to  it,  as  already  observed,  hardly 
occur  in  the  extant  Roman  jurists  ;  but  the  name 
possessio,  as  applied  to  private  land,  and  the  legal 
notions  attached  to  it,  are  of  firequent  occurrence. 
The  form  of  the  interdict,  —  uti  possidetis, — as  it 
appears  in  the  Digest,  is  this : — Uti  eas  aedes.,.^pos- 
8idetis...vim  fieri  veto.  But  the  original  form  of 
the  interdict  was:  Uti  nunc  possidetis  &xm/iotdum, 
&C.  (Festus  in  Possessio)  ;  the  word  fundus,  for 
which  aedes  was  afterwards  substituted,  appears  to 
indicate  an  original  connection  between  the  inter- 
dict and  the  ager  publicus. 

We  know  nothing  of  the -origin  of  the  Roman 
public  land,  except  that  it  was  acquired  by  con- 
quest, and  when  so  acquired  it  belonged  to  the 
state,  that  is,  to  the  populus,  as  the  name  publicus 
(populicus)  imports  ;  and  the  original  populus  was 
the  patricians  only.  We  may  suppose  that  in  the 
eariy  pmods  of  the  Roman  state,  the  conquered 
lands  being  the  property  of  the  populus,  might  be 
enjoyed  by  the  members  of  that  body,  in  any  way 
that  the  body  might  determine.  But  it  is  not  quite 
dear  how  these  conquered  lands  were  originally  oc- 
cupied. The  following  passage  from  Appian  {CXvU 
Wars,  L  7)  appears  to  give  a  probable  account  of 
the  matter,  and  one  which  is  not  inconsistent  with 
such  facts  as  are  otherwise  known: — **The  Ro- 
mans,** he  says,  **  when  they  conquered  any  part 
of  Italy,  seized  a  portion  of  the  lands,  and  either 
built  cities  in  them,  or  sent  Roman  colonists  to 
settle  in  the  cities  which  already  existed.  Such 
cities  they  designed  to  be  garrison  places.  As  to 
the  land  thus  acquired  from  time  to  time,  they 
either  divided  the  cultivated  part  among  the 
colonists,  or  sold  it,  or  let  it  to  fiirm.  As  to  the 
land  which  had  fallen  out  of  cultivation  in  conse- 
quence of  war,  and  which,  indeed,  was  the  lai^cr 


AdRARIAE  LEGEa 

ptft,  luiTing  no  time  to  allot  h,  tliey  g&^e  poUic 
notice  tbat  aoy  oase  vho  chose  migbt  in  the  mean- 
UB)e  cohiTate  t&is  land,  on  payment  of  part  of  the 
yeariy  pnduce,  namely,  a  tenth  of  the  produce  of 
smUe  land,  and  a  fi&h  oi  the  prodnoe  of  olive^ 
yards  and  nBeyard^     A  rate  waa  also  fixed  to  be 
paid  by  ^oae  who  pastmed  cattle  (on  this  undi- 
rided  land)  both  for  the  laiger  and  imaller  ani- 
■aJiL    And  thia  they  did  wiUi  a  view  to  increase 
iht  Bomben  of  the  Italian  people,  whom  they  eon- 
fidoed  to  be  moat  endunng  of  laboor,  in  order 
that  they  mgbt  hare   domestic  allica.     Bnt  it 
tsnsd  oat  jnat  the  cuutimy  of  their  expectations. 
For  the  neb  oocspied  the  greater  part  of  this  on- 
difided  land,  and  at  length,  feding  confident  that 
tb^sboold  neTcr  be  deprired  <tf  it,  and  getting 
bflid  of  SQch  portioDa  aa  bordered  on  their  lands, 
sad  abs  of  the  smafler  portioaa  in  the  possenion 
of  the  pooi^  some  by  pnrdiaae  and  othen  by  force, 
they  became  the  cnltiTaton  of  extensiTe  districts 
mitead  of  tuna.     And  in  order  that  their  calti- 
Titon  and  shepherds  might  be  firee  from  military 
Boriee,  they  employed  &Tes  instead  of  freemen  ; 
and  they  derived  great  profit  firam  their  rspid  in- 
oeaK^  which  was  &Toared  by  the  immmiity  of 
the  daves  from  military  service.     In  this  way  the 
great  became  very  rich,  and  daves  were  nnmeroos 
dl  thioegh  the  country.     But  this  system  reduced 
thenamber  of  the  Italians,  who  were  groond  down 
by  pofToty,  taxea,  and  militaiy  service ;  and  when- 
ever they  had  a  re^te  from  these  evils,  they  had 
i:dthiag  to  do,  the  land  beiqg  occupied  by  the 
ri^  who  also  employed  slaves  instead  of  free- 
aKn.*^    This  paasage,  thoogh  it  appears  to  contain 
Rack  hiatorical  truth,  does  not  distmctly  explain 
the  oiiginal    mode    of  oocopation  ;   for  we  can 
icaredy  sappoee  that  there  were  not  some  rules 
pcesedbed  as  to  the  occupation  of  this  undivided 
bad.    Livy  also  gives  no  dear  account  of  the 
B»de  in  which  theae  possessions  were  acquired  ; 
thoegh  he  states  in  some  passages  that  the  eon- 
qaend  lands  were  occupied  by  the  nobles,  and 
qmyatiun  (oocnpatio)  in  its  proper  sense  signifies 
the  lakiag  posse  osSon  of  vacant  land.     As  the 
naaher  of  theae  nobles  was  not  very  great,  we 
aaj  easily  conceive  that  in  the  eariier  periods  oi  the 
lepaUii^  they  might  regulate  among  themselves 
the  BMde  of  occopatioo.    The  oompliunt  against 
the  aeblcs  (patres)  shortly  before  the  enactment  of 
the  Fiirnrian  Rogations  was,  that  they  were  not 
coatoit  with  keeping  the  land  which  they  ille- 
gaily  posseased  (posseaso  per  injnriam  agio),  but 
that  they  refhsed  to  distribute  among  the  plebs  the 
iscaat  land  (vacuum  agrum)  which  had  then  re- 
cently been  taken  from  the  enemy.    (Liv.  iv.  51, 
vi  5l  37  ;  Occur ATio).    It  probably  sometimes 
fafipened  that  public  famd  was  occupied,  or  s^ttofterf 
aa  (to  use  a  North  American  phrase),  by  any  ad- 


AGRARIAE  LEOES. 


99 


*  It  is  stated  in  the  American  Almanac  for 
1839,  thai  though  the  new  tecritocy  of  Iowa  con- 
tams  above  20,000  inhabitants,  **  none  of  the  bnd 
bai  beoi  purchased,  the  people  being  all  what  are 
lemed  squatters.**  The  land  alluded  to  is  all 
pBb&laod.  The  squatter  often  makes  eonsider- 
aUe  improvements  on  the  land  which  he  has  oc- 
oipied,  and  even  sells  his  interest  in  it,  before  any 
is  made  of  the  land.     The  privilege  of 


But  whatever  was  the  mode  in  which  these  lands 
wero  occupied,  the  possessor,  when  once  in  posses- 
sion, was,  as  we  have  seen,  protected  by  the  ptaetor^ 
interdict.  The  patron  who  permitted  his  client  to 
occupy  any  part  of  his  possession  as  tenant  at  will 
(praoorio),  could  eject  him  at  pleasure  by  the  lia- 
lerdietum  depreeario;  for  the  client  did  not  obtain 
a  possession  by  such  pennission  of  his  patron.  The 
patron  would,  of  course,  have  the  same  remedy 
against  a  tresiiasser.  But  any  mdividnal,  how- 
ever humble,  who  had  a  possession,  was  also  pro- 
tected in  it  against  the  aggression  of  the  rich  ;  and 
it  was  **  one  of  the  grievances  bitteriy  complained 
of  by  the  Oraochi,  and  all  the  patriots  of  their 
age,  that  while  a  soldier  was  serving  against  the 
enemy,  his  powerful  neighbour,  who  coveted  his 
small  estate,  ejected  his  wife  and  children.'*  (Nieb.) 
The  state  could  not  ooly  grant  the  occupation  or 
possession  of  its  public  la^  but  could  seflit,  snd 
thus  convert  public  into  private  hnd.  A  romaifc- 
able  passaige  in  Orosius  (Savigny,  p.  176^  nofeeX 
shows  that  public  hmds,  whidi  had  been  givcsi 
to  certain  rdigious  corporations  to  patmu,  were 
sold  in  order  to  raise  money  fiw  the  exigencies  of 
the  state.  The  mOuig  of  that  land  which  was 
possesaarf,  and  the  circumstance  of  the  possession 
having  been  a  ^mt  or  public  act,  are  both  con- 
tained in  this  passage^ 

The  public  lands  which  were  occupied  by  pos- 
sessors, were  sometimes  called,  with  reference  to 
such  possession,  oceupaiorii;  and,  with  respect  to 
the  state,  eoaoeasi.  Public  land  which  beaune  pri- 
vate by  sale  was  called  qmauUnriMt:  thiut  which  ii 
often  spoken  of  as  assigned  (ffswy»Q/iit),was  marked 
out  and  divided  {Umitahu)  among  the  plebeians 
in  equal  lots,  and  given  to  them  in  absolute  owner- 
ship, or  it  was  assigned  to  the  persons  who  were 
sent  out  as  a  colony.  Whether  the  land  so  granted 
to  the  colony  should  become  Roman  or  not,  de- 
pended on  the  nature  of  the  colony.  The  name 
ager  publicus  was  given  to  the  public  lands  which 
were  acquired  even  after  the  plebs  had  become  one 
of  the  estates  in  the  Roman  constitution,  though 
the  name  publicus,  in  its  original  sense,  could  no 
longer  be  applicable  to  such  public  lands.  After 
the  establishment  of  the  plebs  as  an  estate,  the 
possession  of  public  land  was  still  claimed  as  the 
peculiar  privilege  of  the  patricians,  as  before  the 
establishment  of  the  plebs  it  seems  to  have  been 
the  only  way  in  which  public  lands  were  enjoyed 
by  the  populus :  the  assignment,  that  is  the  grant 
by  the  state  of  the  ownership  <^  public  land  in 
fixed  shares,  was  the  privilege  of  the  plebs.  In 
the  eariy  ages,  when  the  populus  was  the  state,  it 
does  not  appear  that  there  was  any  assignment  of 
public  hmds  among  the  populus,  though  it  may  be 
assumed  that  pubUe  lands  would  occasionally  be 
sold  ;  the  mode  of  enjoyment  of  public  land  was 
that  of  possessio,  subject  to  an  annual  payment  to 
the  state.  It  may  be  conjectured  that  this  andent 
possessio,  which  we  cannot  consider  as  having  its 
origin  in  anything  else  than  the  consent  of  the  state, 
was  a  good  title  to  the  use  of  the  land  so  long  as 
the  annual  payments  were  made.  At  any  rate, 
the  plebs  had  no  daim  upon  such  andent  posses- 
sions. But  with  the  introduction  of  the  plebs  as  a 
separate  estate,  and  the  acquisition  of  new  hmds 


Ytt^Bpdon  which  is  allowed  to  the  squatter,  or 
to  the  penoo  who  has  purchased  his  interest,  is 


the  only  security  which  either  the  squatter  or  the 
person  who  purduises  from  him,  has  for  the  im- 
provements made  on  the  land* 
n  4 


io 


AORAKIAE  LEGES. 


by  conquest,  it  woald  Beem  that  the  pleVs  had  as 
good  a  title  to  a  share  of  the  newly  conquered 
lands,  as  the  patricians  to  the  ezclosiye  enjoyment 
of  those  lands  which  had  been  acquired  by  conquest 
before  the  plebs  had  become  an  estate  ;  and  ac- 
cording to  Livy  (ir.  49),  the  plebs  founded  their 
claim  to  the  captured  lands  on  their  serriccs  in  the 
war.  The  determination  of  what  part  of  newly 
conquered  lands  (arable  and  Tineyards)  should  re- 
main public,  and  what  part  should  be  assigned  to 
the  plebs,  which,  Niebuhr  says,  ^  it  need  scarcely 
be  observed  was  done  after  the  completion  of  every 
conquest,*^  ought  to  have  been  an  effectual  way  of 
settling  all  disputes  between  the  patricians  and 
plebs  as  to  the  possessions  of  the  former ;  for  such 
an  appropriation,  if  it  were  actually  made,  could 
have  no  other  meaning  than  that  the  patricians 
were  to  have  as  sood  title  to  possess  their  share 
as  the  plebs  to  the  ownership  of  their  assigned 
portions.  The  plebs  at  least  could  never  &irly 
claim  an  assignment  of  public  land,  appropriated 
to  remain  such,  at  the  time  when  they  received 
the  share  of  the  conquered  lands  to  which  they 
were  intitled.  But  the  &ct  is,  that  we  have  no 
evidence  at  all  as  to  sucV  division  between  lands 
appropriated  to  remain  public  and  lands  assigned 
in  ownership,  as  Niebuhr  assumes.  All  that  we 
know  is,  that  the  patricians  posaetsed  huge  tracts 
of  public  land,  and  that  the  plebs  from  time  to 
time  claimed  and  enforced  a  division  of  part  of 
them.  In  such  a  condition  of  afiairs,  many  diffi- 
cult questions  might  arise  ;  and  it  is  quite  as  pos- 
sible to  conceive  that  the  claims  of  the  plebs  might 
in  some  cases  be  as  ill  founded  as  the  conduct  of 
the  patricians  was  alleged  to  be  rapacious  in  ex- 
tending their  possessions.  In  the  course  of  time, 
owing  to  sales  of  possessions,  fiunily  settlements, 
permanent  improvements  made  on  the  land,  the 
claims  on  the  land  of  creditors  who  had  lent  money 
on  the  security  of  it,  and  other  causes,  the  equitable 
adjustment  of  rights  under  an  agrarian  law  was 
impossible  ;  and  this  is  a  difficulty  which  Appian 
(i.  10.  18)  particukrly  mentions  as  resulting  from 
the  law  of  Tib.  Gracchus. 

Public  pasture  hinds,  it  appears,  were  not  the 
subject  of  assignment. 

The  property  (publimm)  of  the  Roman  people 
consisted  of  many  things  besides  land.  The  con- 
quest of  a  territory,  unless  special  terms  were 
granted  to  the  conquered,  seems  to  have  implied 
the  acquisition  by  the  Roman  state  of  the  conquered 
territory  and  all  that  it  contained.  Thus  not  only 
would  land  be  acquired,  which  was  available  for 
com,  vineyards,  and  pasture  ;  but  mines,  roads, 
rivers,  hnrliours,  and,  as  a  consequence,  tolls  and 
duties.  If  a  Roman  colony  was  sent  out  to  occupy 
a  conquered  territory  or  town,  a  part  of  the  con- 
quered hinds  was  assigned  to  the  colonists  in  com- 
plete ownership.  [Colonia.]  The  remainder,  it 
appears,  was  left  or  restored  to  the  inhabitants. 
Not  that  we  are  to  understand  that  they  had  the 
property  in  the  land  as  they  had  before  ;  but  it 
appears  that  they  were  subject  to  a  payment,  the 
produce  of  which  belonged  to  the  Roman  people. 
In  the  case  of  the  colony  sent  to  Antium,  Dionysius 
(ix.  60)  states,  **  that  all  the  Antiates  who  had 
houses  and  lands  remained  in  the  country,  and 
cultivated  both  the  portions  that  were  set  aside  for 
them  and  the  portions  appropriated  to  the  colonists, 
on  the  condition  of  paying  to  them  a  fixed  portion 
of  the  produce  ;  **  in  which  case,  if  the  historian^s 


AGRARIAE  LEGES, 
statement  is  true,  all  the  sums  paid  by  the  original 
huidholders  were  appropriated  to  the  colonists. 
Niebuhr  seems  to  suppose,  that  the  Roman  state 
might  at  any  time  resume  such  restored  lands  ; 
and,  no  doubt,  the  notion  of  a  possibility  of  re- 
sumption under  some  circumstances  at  least  was 
involved  in  the  tenure  by  which  these  lands  were 
held  ;  but  it  may  be  doubted  if  the  resumption  of 
such  lands  was  ever  resorted  to  except  in  extraor- 
dinary cases,  and  except  as  to  conquered  lands 
which  were  the  public  lands  of  the  conquered 
state.  Private  persons,  who  were  permitted  to 
retain  their  lands  subject  to  the  payment  of  a  tax, 
were  not  the  possessors  to  whom  the  agrarian  laws 
applied.  In  many  cases  laige  tracts  of  land  were 
absolutely  seised,  their  owners  having  perished  in 
battle  or  been  driven  away,  and  extensive  districts, 
either  not  cultivated  at  all  or  yery  imperfectly  cul- 
tivated, became  the  property  of  the  atate.  Such 
lands  as  were  unoccupied  could  become  the  subject 
of  possessio  ;  and  the  possessor  would,  in  all  cases, 
and  in  whatever  manner  he  obtained  the  land,  be 
liable  to  a  payment  to  the  state,  as  aboTe-men- 
tioned  in  the  extract  from  Appian. 

This  possessio  was  a  real  interest,  for  it  was  the 
subject  of  sale :  it  was  the  use  (uaus)  of  the  land  ; 
but  it  was  not  the  ager  or  property.     The  possessio 
strictly  could  not  pass  by  the  testament  of  the 
possessor,  at  least  not  by  the  mancipatio.     (Gaiua, 
iL  102.)     It  is  not  easy,  therefore,  to  imagine  any 
mode  by  which  the  possession  of  the  heres  was 
protected,  unless  there  was  a  legal  form,  such  as 
Savigny  has  assumed  to  exist  for  the  general  pro- 
tection of  possessiones  in  the  public  bnds.     The 
possessor  of  public  land  never  acquired  the  owner- 
ship by  virtue  of  his  possession  ;  it  was  not  subject 
to  usucapion.     The  ownership  of  the  land  which 
belonged  to  the  state,  could  only  be  acquired  by 
the  grant  of  the  ownerships  or  by  purchase  from 
the  state.    The  state  could  at  any  time,  according 
to  strict  righl^  sell  that  land  which  was  only  pos- 
sessed, or  assign  it  to  another  than  the  possessor. 
The  possession  was,  in  £uAy  with  respect  to  the  state, 
precarium  ;  and  we  may  suppose  that  the  lands  so 
neld  would  at  first  receive  few  permanent  improve- 
ments.    In  course  of  time,  and  particularly  when 
the  possessors  had  been  undisturbed  for  many 
years,  possession  would  iqipear,  in  an  equitable 
point  of  view,  to  have  become  equivalent  to  ownei^ 
ship  ;  and  the  hardship  of  removing  the  possessors 
by  an  agrarian  law  would  ^pear  the  greater,  after 
the  state  had  long  acquiesced  in  their  use  and  oc- 
cupation of  the  public  land. 

In  order  to  form  a  correct  judgment  of  these  en- 
actments which  are  specially  cited  as  agrarian  laws, 
it  must  be  borne  in  mind  that  the  possessors  of 
public  lands  owed  a  yearly  tenth,  or  fifth,  as  tlie 
case  might  be,  to  the  state.  These  annual  pay- 
ments were,  it  seems,  often  withheld  by  the  pos- 
sessors, and  thus  the  state  was  deprived  of  a  fimd 
for  the  expenses  of  war  and  other^general  purposes. 

The  first  mention  by  Livy  of  conqneared  land 
being  distributed  among  the  plebs  belongs  to  the 
reign  of  Servius  Tullius  (1 46, 47).  The  object  of  the 
agrarian  hiw  of  Sp.  Cassias  (Liv.  ii.  41 ;  IKonys. 
viii  70),  &  a  484,  is  supposed  by  Niebuhr  to  have 
been  **  tiiat  the  portion  of  the  popnlus  in  the  public 
lands  should  be  set  apart,  that  the  rest  should  be 
divided  among  the  plebeians,  that  the  tithe  should 
again  be  levied  and  applied  to  paying  the  anny.^' 
The  agrarian  law  of  C.  Licinins  Stolo  (Liv,  vi.  36 ; 


AGRAHIAE  LEGSa 

Appaif  B.C.  IS)  a.  c.  36^  limited  each  mdi- 
vidaal^  pmawiuii  of  pnUic  land  to  500  jagen, 
aad  iuimwed  aoaie  othfer  reatrictkois  ;  but  the  pa»- 
mv  bad  no  better  title  to  the  600  jngen  which 
the  bnr  ]eft  him,  than  he  SanaeAj  had  to  what 
tke  kw  took  from  him.      [Laoas    Licinias.] 
The  sarpbm  land  waa  to  he  divided  among  the 
]4riwMi%  ai  we  may  aaaome  from  this  beiajif  an 
agniiai  law.     The  Ttirinian  law  not  effiwtii^  its 
tkjtet,  nbu  Scmpronins  Giacehoa,  &  c  ISS,  re- 
med  the  measoie  for  limiting  the  possession  of 
pBb&  land  to  500  ji^gera.     The  aigoments  of  the 
poaesssn  against  thia  measore,  as  they  are  stated 
br  Aifsao  {&  C  L  10),  are  soeh  as  might  reason* 
aUy  be  mgcd ;  but  he  adda  that  Giaochus  pro- 
posed to  give  to  each  pocscascr,  bj  way  of  com- 
pmntisn  lor  improrements  made  on  the  paUic 
hod,  the  ibn  ownerdiip  of  500  jogen,  and  half 
thst  f aaatitj  to  each  of  his  sons  if  he  had  any. 
Uatbr  the  &w  of  Tiberias  Gncchns  three  commis- 
rnmm  (triamriri)  were  to  be  choeen  amraally  by 
t^  ddr^-five  tribes,  who  were  to  decide  all  qnes- 
tkos  that  might  arise  aa  to  the  daims  of  the  state 
T^na  Isnds  in  the  ooenpotion  of  poasessorap    The 
lav  prerided  that  the  land  which  was  to  be  re- 
~  ihoold  be  diatribnted  in  small  allotments 
the  poorer  citizens,  and  they  were  not  to 
hare  the  power   of  alienating  their  allotments^ 
GcKchoa  also   proposed  that  ib»  ready  money 
wlueh  Attains   III^    Kii^    of  Petsamns,   had 
with  all  his  other  property  beq[iieaUied  to  the 
Roman  state,  abonld  be  divided  among  the  persons 
vho  raoeiTed  allotmenta,  in  order  to  enable  them 
to  stock  their  land.     Tiberius  Gncchns  lost  his 
Lie  in  a  liot  B.  c  133  ;  hot  the  senate  allowed 
theccsBBiiasiaien  to  oootinne  their  labonrs.    After 
the  death  of  Tiberius  Gncchns^  a  tragical  event 
happeaed  at  Bone.     P.  ComeliDs  Sdpio,  who  had 
■siataiard  the  canse  of  the  possessors,  both  Roman 
■id  Itafiaa,  against  the  measora  of  Gracchos,  was 
feoid  dead  inhia  bed.  Suepicion  was  strong  against 
the  pai^  of  Cains  Graochns,  the  younger  brother 
•f  Tiberias,  whose  sister  Sempronia  was  the  wife  of 
ScipiQ,  hot  no  inquiry  was  made  into  the  cause 
of  Sc^^  death.     Cains  Giaochus  became  a  tri- 
bae  of  the  pleba,  B.  c.  123,  and  he  put  the  law  of 
hk  brother  ^;ain  in  fttee,  for  it  had  virtually  been 
laqaded  by  the  senate,  b.  c  129,  by  their  with- 
diawii^  the  powen  from  the  three  commissioners, 
of  irbom  Giacchus  was  one,  and  giving  them  to  tha 
oaml,  C  Sempnoius  Tuditanus,  who^  being  en- 
/s^fed  in  the  lUyrian  war,  could  not  attend  to  the 
boaness.    Cains  Gracchus  proposed  the  establish- 
Bient  of  various  eirfonies  under  the  provisions  of 
the  Jaw.    To  check  his  power,  the  senate  called 
k  the  aid  of  another  tribune,  M.  Livins  Dnisaa, 
wbo  ontlnd  Gains  in  his  popiUar  measures.    The 
hw  of  Gxaedins  proposed  that  those  who  received 
sHotamta  of  hmd  should  pay  the  state  a  small 
somia  respect  of  each.    Dnuus  released  them  from 
tkis  p^meoL    Cains  propoeed  to  found  two  colo- 
oies :  Draaits  proposed  to  found  twelve,  each  con- 
Bstof  of  three  thousand  men.     Cains  Gracchus 
krt  luB  life  in  a  civil  commotion  b^  a  121.  Shortly 
sfier  his  death,  that  clause  of  the  Sempranian  law 
wtieh  ferbade  the  alienation  of  the  allotments, 
vst  i^ealed  ;  and  they  forthwith  began  to  fell 
into  the  hands  of  the  rich  by  porchase,  or  by 
dcged  poichases  as  Appian  obacorely  states  (B.  C 
iVy    A  tribune,  Spiirms  Boriua  (Bonus  is  the 
saae  m  the  KSSL  of  Appian)*  cairied  a  law  to 


AGRARIAE  LEOE&  41 

prevent  fritvn  divisions  of  the  public  land,  with  a 
provision  that  the  sums  payable  in  reqieet  of  this 
land  to  the  state,  should  be  fenaed  into  a  fund  for 
the  rdief  of  the  poor.  But  another  tribane.  Spa* 
riua  Thorins,  & c.  Ill,  repealed  this  kw  as  to  the 
tax  from  the  public  luds,  and  thus  the  plebs  kst 
everything  fer  the  futoie,  both  lands  and  pooca* 
money.    [Lax  Thoiua.] 

Other  agrsiian  laws  followed.  In  the  sixth  coih 
solship  of  Marios,  b.  c  100,  agrarian  laws  were 
carried  by  the  tribune  I^  Appuleins  Sataminns 
and  his  party,  the  object  of  wluch  was  chiefly  to 
provide  fer  Uie  Teteian  soldien  of  Marina  These 
measures  were  cairied  by  vkdenee,  but  they  were 
subsequently  declared  nulL  The  tribune,  M. 
Livins  Drunis  the  yoan^,  B.  a  91,  proposed  the 
division  of  all  the  public  land  in  Ikdy  and  the 
establishment  of  the  colonies  which  had  been  pro* 
jected :  he  was  fer  giviqg  away  everything  that 
the  state  had  (Florus,  iiL  16).  This  Diusas  was 
also  a  tool  of  the  senate,  whose  object  was  to 
humble  the  equestrian  order  by  means  of  the  plebs 
and  the  Italian  Socii  But  the  Sodi  were  also  in- 
terested  in  opposing  the  measures  of  Drusus,  as 
they  possessed  large  parts  of  the  public  hmd  m 
Italy.  To  gain  their  consent,  Diusns  promised  to 
give  them  the  full  Roaoan  citiaenship.  But  he 
and  the  senate  could  not  agree  on  all  these  mea- 
sures, Drusus  was  murdered,  and  the  Socii,  seeing 
their  hopes  of  the  citiaenship  balked,  broke  out  in 
opoi  war  (&&  90).  The  measures  of  Drusus 
were  declared  null,  and  there  was  no  investigatioQ 
as  to  his  death.  The  Social  or  Marsic  war,  after 
threatening  Rome  with  ruin,  was  ended  by  the 
Romans  conceding  what  the  allies  demanded. 
[Lbx  Julia.] 

The  land  to  which  all  the  agrarian  lawa,  prior 
to  the  Thoria  Lex,  applied,  was  the  public  hmd 
in  Italy,  south  of  the  Macra  and  the  Rubico,  the 
southern  boundaries  of  Gallia  Cisalpina  on  the  west 
and  east  coasts  respectively.  The  Thoria  Lex 
applied  to  all  the  public  land  within  these  limits, 
except  what  had  been  disposed  of  by  assignation 
prior  to  the  year  blc.  133,  in  which  Tiberias 
Gracchus  was  tribune,  and  except  the  Ager  Cam- 
ponus.  It  applied  also  to  public  land  in  the  pro- 
vince of  Africa,  and  in  the  territory  of  Corinth. 
[Thoria  Lbx.]  The  object  of  the  agrarian  few 
of  P.  Servilius  RuUns,  proposed  in  the  consul- 
ship of  Cicero  b.  a  63,  was  to  sell  all  the  public 
hmd  both  in  and  out  d  Italy,  and  to  buy  lands  in 
Italy  on  which  the  poor  were  to  be  settled.  Ten 
commissioners,  with  extraordinary  powers,  were  to 
carry  the  few  into  efiect,  and  a  host  of  surveyors, 
derks,  and  other  ofiicerB,  were  to  find  employment 
in  this  agrarian  joU  The  job  was  defeated  by 
Cioero,  whose  three  extant  orations  against  RuUus 
contain  most  instructive  matter  on  the  condition 
of  the  Roman  state  at  that  time.  The  tribane 
Fferius,  B.  c  60,  at  the  instigation  of  Cn.  Pompeias, 
brought  forward  a  measure  for  providing  the  sol- 
diers of  Pompeins  with  fends.  Ckao  was  not  al- 
togeUier  opposed  to  this  measure,  fer  he  vrished  to 
please  Pompeius.  ()Qe  clause  of  the  few  provided 
that  lands  should  be  bought  for  distribution  vrith 
the  money  that  should  arise  in  the  next  five  yean 
from  the  new  revenues  that  had  been  created  by 
the  Asfetic  conquests  of  Pompeius.  The  few  was 
dropped,  but  it  was  reproduced  in  a  somewhat 
altered  shape  by  C.  Julius  Caesar  in  his  consul- 
ship, B.  a  59,  and  it  included  the  SteUatis  Ager 


42 


AGRARIAE  LEGES. 


and  the  CampanuB  Ager,  which  all  previous  agrar 
rian  laws  had  left  untouched.  The  fertile  tract  of 
Capua  (Campanus  Affcr)  was  distributed  among 
20,000  persons,  who  had  the  qualification  that  the 
law  required,  of  three  or  more  children.  After 
this  distribution  of  the  Campanian  land,  and  the 
abolition  of  the  port  duties  and  tolls  (portorid)^ 
Cicero  observes  {ad  AU.  ii  16),  **  there  was  no 
revenue  to  be  raised  from  Italy,  except  the  five 
per  cent  (vioesima)  ^  firom  the  tale  and  mann- 
miiution  of  slaves. 

The  lands  which  the  Roman  people  had  acquired 
in  the  Italian  peninsula  bv  conquest  were  greatly 
reduced  in  amount  by  the  laws  of  Gracchus  and  by 
Bale.  Confiacations  in  the  civil  wars,  and  conquests 
abroad,  were,  indeed,  continually  increasing  the 
public  lands  ;  but  these  lands  were  allotted  to  the 
soldiers  and  the  numerous  colonists  to  whom  the 
state  was  continually  giving  landB.  The  system  of 
colonisation  which  prevailed  during  the  republic, 
was  continued  imder  the  emperors,  and  considerable 
tracts  of  Italian  land  were  disposed  of  in  this  man- 
ner by  Augustus  and  his  successors.  Vespasian  as- 
signed lands  in  Samnium  to  his  soldiers,  and  grants 
of  Italian  kinds  are  mentioned  by  subsequent  em- 
perors, though  we  may  infer  that  at  the  close  of 
the  second  century  of  our  aera,  there  was  little 
public  land  left  in  the  peninsula.  Vespasian  sold 
part  of  the  public  lands  called  subsecwa.  Domitian 
gave  the  remainder  of  such  lands  all  through  Italy 
to  the  possessors  (Aggenus).  The  conquests  be- 
yond the  limits  of  Italy  furnished  the  emperors 
with  the  means  of  re  warding  the  veterans  by  grants 
of  land,  and  in  this  way  the  institutions  of  Rome 
were  planted  on  a  foreign  soil.  But,  according  to 
Gaius,  property  in  the  land  was  not  acquired  by 
such  grant ;  the  ownenhip  was  still  in  the  state, 
and  the  provincial  landholder  had  only  the  pos- 
sessio.  If  this  be  tme,  as  against  the  Roman 
people  or  the  Caesar,  his  interest  in  the  land  was 
one  that  might  be  resumed  at  any  time,  according 
to  the  strict  rules  of  law,  though  it  is  easily  con- 
ceived that  such  foreign  possessions  would  daily 
aoqaire  strength,  and  could  not  safely  be  dealt 
vrith  as  possessions  had  been  in  Italy  by  the 
various  agrarian  laws  which  had  convulsed  the 
Roman  state.  This  assertion  of  the  right  of  the 
populus  Romanus  and  of  the  emperors,  might 
be  no  wrong  ^  inflicted  on  provincial  landowners 
by  the  Roman  jurisprudence,*^*  as  Niebuhr  affirms. 
The  tax  paid  by  the  holders  of  ager  privatus  in 
the  provinces  was  the  only  thing  which  dis- 
tinguished the  beneficial  interest  in  such  land  fixnn 
Italic  land,  and  might  be,  in  legal  effect,  a  recog- 
nition of  the  ownership  according  to  Ronuui  law. 
And  this  was  Savigny^  earlier  opinion  with  re- 
spect to  the  tax  paid  by  provincial  lands  ;  he  con- 
sidered such  tax  due  to  the  Roman  peojde  as  the 
sovereign  or  ultimate  owner  of  the  lands.  Ilis 
later  opinion,  as  expressed  in  the  ZeiUohri/t  fiir 


*  Niebuhr  observes  that  Frontinus  speaks  of 
the  "  arva  publtoa  in  the  provinces,  in  contradis- 
tinction to  the  agri  privati  there  ;  **  but  this  he 
certainly  does  not.  This  contradistinction  is  made 
by  his  commentator  Aggenus  who,  as  he  himself 
sa3's,  only  conjectures  the  meaning  of  Frontinus ; 
and,  perhaps,  he  has  not  discovered  it  (Rei  Agr, 
i^nripL  pp.  38.  46,  47.)  Savigny^s  explanation  of 
this  passage  is  contained  in  the  Zeitehri/i /ur 
Geteh.  RechUw.  voL  xL  p.  24. 


AGRARIAE  LEGES. 
Cfeac^uMk^  Reehiawuaeiuaa/i  (voL  v.  p.  254),  ia, 
that  under  the  Caesan  a  uniform  system  of  direct 
taxation  was  established  in  the  province*,  to  which 
all  provincial  huid  was  subject ;  but  land  in  Italy 
was  free  from  this  tax,  and  a  provincial  town  could 
only  acquire  the  like  fireedom  by  receiving'    the 
privilege  expressed  by  the  term  Jus  ItaUcom.  The 
complete  solution  of  the  question  here  under  dis- 
cussion could  only  be  effected  by  ascertaining  the 
origin  and  real  nature  of  this  provincial  ]and>tax  ; 
and  as  it  may  be  difficult,  if  not  impoaaibley  to 
ascertain  such  fiicts,  we  must  endeavour  to  give 
a  probable  solntion.     Now  it  is  consistent   with 
Roman  notions  that  all  conquered  land  ahoold  be 
considered  as  the  property  of  the  Romaui  state  ; 
and  it  is  certain  that  such  land,  though  aaaigned 
to  individuals,  did  not  by  that  drcomstance  alone 
become  invested  with  all  the  charactera    of  that 
Roman  land  which  was  private  property.  It  had  not 
the  privilege  of  the  Jus  Italicnm,  and  conaeqaently 
could  not  be  the  object  of  Quiritarian  ownership, 
with  its  incidents  of  mandpatio,  &c    All  land  in 
the  provinces,  including  even  that  of  the  liberae 
dvitates,  and  the  ager  publicus  propedy  so  called, 
could  only  become  an  object  of  Quiritarian  owner- 
ship by  having  conferred  upon  it  the  privilege  of 
Italic  land,  bv  whidi  it  was  also  fUeased  from  the 
payment  of  the  tax.     It  is  dear  that  there  might 
be  and  was  ager  privatus,  or  private  property,  in 
provincial    hmd ;  but   this  land   had   not    the 
privil^pes  of  Italic  land,  unless  such  privilege  was 
expressly  given  to  it,  and  accordingly  it  paid  a. tax. 
As  the  notions  of  landed  property  in  all  oomitries 
seem  to  suppose  a  comfdete  ownership  residing  in 
some  person,  and  as  the  provincial  landowner, 
whose  lands  had  not  the  privilege  of  the  Jus 
Italicum,  had  not  that  kind  of  ownership  which, 
according  to  the  notions  of  Roman  law,  was  com- 
plete ownership,  it  is  difiicult  to  concdve  that  the 
ultimate  ownership  of  provincial  lands  (with  the 
exception  of  those  of  the  liberae  dvitates)  could 
reside  any  where  dse  than  in  the  populus  Romanus, 
and,  aiWr  the  establishment  of  the  imperial  power, 
in  the  populus  Romanus  or  the  Caesar.     This 
question  is,  however,  one  of  some  difficulty,  and 
wdl  deserves  further  examination.     It  may   be 
doubted,  however,  if  Gaius  means  to  say  that 
there  could  be  no  Quiritarian  ownership  of  private 
land  in  the  provinces ;  at  least  this  would  not  be 
the  case  in  those  districts  to  which  the  Jus  Italicum 
was  extended.     The  case  of  the  Recentoric  lands, 
which  is  quoted  by  Niebuhr  (Cic.  e.  RuUuMj  L  4\ 
may  be  expUiined.     The  land  here  spoken  of  ^-as 
land  in  Sicily.    One  object  of  the  measure  of 
Rullus  was  to  exact  certain  extraordinary  pay- 
ments {vect^^  from  the  public  bnds,  that  is, 
from  the  possessors  of  them  ;  but  he  excepted  the 
Recentoric  lands  from  the  operation  of  his  measure. 
If  this  is  private  land,  Cicero  argues,  the  exception 
is  unnecessary.    The  argument,  of  course,  assumes 
that  there  was  or  might  be  private  land  in  Sicily  :■ 
that  is,  there  was  or  might  be  land  which  would 
not  be  affected  by  this  part  of  the  measure  of 
Rullus.    Now  the  opporition  of  public  and  private 
hind  in  this  passage  certainly  proves,  what  can 
easily  be  proved  without  it,  that  individuals  in  the 
provmces  owned  land  as  individuals  did  in  Italy ; 
and  such  land  mjight  with  propriety  be  called 
priwUut^  as  contrasted  with  that  called  pMiau  ia 
the  provinces :  in  &ct,  it  would  not  be  easy  to 
have  found  another  name  for  it    But  we  know 


AQRARIAE  LEGES. 

&al  «|er  privatw  in  tlie  proriiicefl,  imlas  it  had 
wemi  the  Jub  Italioom,  was  not  the  same  thing 
u  ager]Wfai—  in  Italj,  though  hoth  were  priTate 
fnpatj,  Sacfa  a  paange  then  as  that  just  le- 
kaedtoJB  CSceroilendstoiioiieeesHay  condnsion 
tkt  the  akiBate  ownenfaip  or  domimon  of  this 
pmate  fand  was  not  in  the  Roman  people. 

It  «}j  icsains  briefl  j  to  ncrtice  the  condition  of 
the  pafafie  iand  with  Rspeei  to  the  froctos,  w  vee- 
t«Bl  which  bekm^ged  to  the  atate.  This,  as  al- 
nadj  ohierred,  was  gencnll j  m  tenths  and  henee 
t^^gerpnbliois  wns  aomctiinea  called  deemnanns ; 
B  «M  alw  snmftimea  called  ager  TectigaliB.  The 
tithei  were  genondlr  fiumned  b j  the  pabUcani,  who 
paid  tber  mt  most! j  in  money,  hot  wnnetimes  in 
sasL  The  letting  was  managed  by  the  censors, 
iad  the  lease  was  fior  fire  yean.  The  ibnn,  how« 
crer,  if  leasii^  tbe  tN&ths  was  that  of  ar  sale, 
wmiryah'a.  In  eonrse  of  time  the  word  locatio 
w  sfflied  to  these  lenses.  The  phrase  need  by 
tbr  RfiiBso  wxiten  was  originally  /rmelut  loeaiio, 
vkich  was  the  proper  expression  ;  bnt  we  find  the 
;ibaM,  9grum  /humdam  2ooar«,  also  need  in  the 
ane  tense,  an  ezpreaaion  which  aught  appesz 
Msewhat  ambigoona  ;  and  eren  o^na»  tooon^ 
vUeh  night  mean  the  leasing  of  the  public  lands, 
and  Bflt  of  the  tenths  dne  Inm  the  posnmori  of 
tbcso.  Sdabo  (p.  622),  when  speaking  of  the  port 
daties  sf  Gome  in  Aeolis,  says  they  were  sold,  by 
vhkh  be  no  donbt  means  that  they  were  &imed 
<s  eertsza  terms.  It  ia,  however,  made  dear  by 
Xicbahc,  that  in  some  instances  at  least  tbe  phrase 
asm  ieemrty  does  mean  the  leasing  of  the  tenths ; 
whether  thb  was  always  tbe  meaning  of  the 
picase,  it  is  not  possible  to  aifinn. 

Thoa^  the  term  ager  Tectigalii  originally  ex- 
preieed  tbe  paUie  land,  of  which  the  tithe  was 
leased,  it  afterwards  came  to  ngnify  lands  which 
woe  hated  by  tbe  state,  or  by  dinerent  oonoTS- 
tiooa.  This  latter  description  would  comprehend 
even  iht  ager  pnUicos ;  but  this  kind  of  pabbc 
praperty  was  gndnnliy  reduced  to  a  imall  amount, 
and  we  find  &»  term  ager  Tectigalis,  in  the  later 
period,  ^ipiied  to  the  luidi  of  towns  which  were 
io  leand  that  the  lessee,  or  thoee  who  derived  their 
tithe  from  him,  eonld  not  be  ejected  h>  long  as  they 
paid  the  vectigaL  This  is  the  sger  vectigalis  of 
tbe  D%eit  (ri.  tit.  3),  on  the  model  of  which  waa 
fKBied  the  emphyteusis,  or  ager  emphytenticariits. 
[EiiPBTTBuaia.]  The  rights  of  the  leaaee  of  the 
^ger  Tectigalis  were  difierent  firom  thoae  o{  a  pos- 
aeaaor  sf  the  old  ager  pnbliens,  though  the  ager 
lectiplis  was  derived  firom,  snd  was  only  a  new 
fana  of  the  ager  pabbcus.  Though  he  had  only  a 
jw  B  ««,  and  thMigh  he  is  diatinguisfaed  from  the 
•vaer  (rfoatmat),  yet  he  was  conaidered  ss  having 
the  poaaearion  of  the  land.  He  had,  also,  a  right 
«f  action  agajnat  the  town,  if  he  waa  ejected  firom 
tn  kad,  provided  he  had  always  paid  his  vectigaL 
The  nabne  of  these  sgraiian  laws,  of  which  the 
fiat  was  the  prapoaed  linr  of  Spnrins  Casaiua,  and 
the  Isit,  the  bw  of  a  Julius  Caesar,  B.a  69,  ia 
cttiy  understood.  The  plebs  hcgm  by  claiming 
a  dare  in  those  eooqnoed  lands  of  which  the 
p**Kfvm  dsimed  the  exdosiTe  enjoyment,  rob- 
jttttoA  fixed  pnyment  to  the  state.  It  waa  one 
object  of  the  Rogations  of  Itidnius  to  check  the 
power  of  the  nohlea,  and  to  limit  their  wealth ; 
nd  ss  they  had  at  that  time  little  landed  property, 
tl&  end  woidd  be  aonanplislied  by  limiting  their 
CBJajmeat  of  the  pafaiic  land.     Bat  a  more  im- 


AGRARIAB  LEGES. 


48 


portant  object  waa  to  proride  for  the  poorer  dtiaens. 
In  a  country  where  there  is  little  trade,  and  no 
mannftctoting  industry,  the  land  is  the  only  sooree 
to  which  the  poorer  dssaea  can  htok  fiv  aabaist- 
ence.  Accordingly,  at  Rome  there  was  a  continual 
demand  for  allotroenta,  and  these  aUotmenU  were 
made  firom  time  to  tone.  These  aUotmenU  were 
just  huge  enough  to  mamtain  a  man  and  hta 
fimiily,  and  the  enconrsgement  of  population  was 
one  of  the  objecta  eontemphited  by  theae  gtanta 
of  Und.  (Liv.  v.  30.)  Rome  requred  a  conatant 
aupply  of  aoMiera,  and  the  syatem  was  well 
adapted  to  give  the  supply.  But  this  ayatera  of 
email  holdings  did  not  prudooe  all  the  reaolU  that 
were  antidpated.  Poverty  and  mismanagement 
often  compelled  the  email  owners  to  adl  their 
lands  to  their  richer  neighbonra,  and  one  danae  of 
the  law  of  Tib.  Gracchus  Horbade  persons  selling 
their  allotments.  This  dsnae  was  afterwards 
repealed,  not,  as  aome  would  aoppoae,  to  frvoor  the 
rich,  bnt  aimply  because  the  repeal  of  ao  absurd 
an  enactment  would  be  beneficia]  to  all  f  irties. 
In  the  later  republic  agrarian  htwa  were  eon* 
aidered  aa  one  meana  of  draining  the  city  of  the 
acorn  of  the  population,  which  ia  only  an  'her 
proof  of  the  unpolicy  of  these  measures,  fiv  the 
worthless  populace  of  a  huge  dty  wfll  never 
make  a  good  agricultural  population.  (Cic  ad 
AU.  i  19.)  They  were  also  used  as  i*ieans 
of  Bottling  veteran  aotdiera,  who  nnist  dther  be 
maintained  as  aoldiers,  or  pnmded  for  in  aome 
way.  Probably  from  about  the  doae  of  the 
aecond  Punic  war,  when  the  Romans  had  large 
atanding  armies,  it  became  the  practice  to  pro- 
ride  fi>r  thoae  who  had  aerved  their  period  by 
giving  them  a  grant  of  land  (Liv.  xxxL  4)  ;  and 
this  nractice  became  common  under  the  hiter 
republic  and  the  empire.  The  Roman  aoldier  al- 
waya  looked  forward  to  a  rdeaae  fiom  aervice  after 
a  certain  time,  but  it  waa  not  poasible  to  aend 
him  avray  empty-handed.  At  the  preaent  day 
none  of  the  powers  of  Europe  which  maintain  very 
large  armiea  could  aaliely  disband  them,  for  they 
could  not  proride  for  the  aoldiera,  and  the  aoldiera 
would  certainly  provide  for  themaelves  at  the  ex- 
pense of  othen.  It  waa  perhapa  not  ao  much  a  aya- 
tem  of  policy  with  the  Romana  as  neoeaaity,  which 
led  them  from  time  to  time  to  giant  landa  in  amall 
allotments  to  the  various  daaaea  of  dtizena  who 
have  been  enumemted. 

The  effecta  of  thia  aystem  muat  be  conaidered 
from  aeveral  pointa  of  view — aa  a  meana  of  ailenc- 
ing  the  ckmionrs  of  the  poor,  and  one  of  the  modes 
of  reheving  their  poyoty,  under  which  aspect 
they  may  he  daaaed  with  die  Leges  Frumentariae ; 
of  difiiiaing  Roman  aettlers  over  Italy,  and  thus 
extending  the  Roman  power  ;  as  a  means  of  pro- 
riding  for  aoldiers  ;  and  aa  one  of  the  waje  in 
which  popular  leaders  aoi^ht  to  extend  their  in* 
flucnce.  The  efiects  on  agriculture  could  hardly 
be  beneficial,  if  we  conaider  that  the  fact  of  the 
aettlers  often  wanting  capital  is  admitted  by  an- 
dent  authoritiea,  that  they  were  liable  to  be  called 
from  their  lands  for  military  aerrice,  and  that 
persons  to  whom  the  land  vraa  given  were  often 
unacquainted  with  agricuHnre,  and  unaccustomed 
to  field  htbour.  The  evil  that  appeara  in  courae 
of  time  in  all  atatea  ia  the  poverty  of  a  large  number 
of  the  people,  for  which  cUfferent  countriea  attempt 
to  ]»roride  diflerent  remediea.  The  Roman  aystem 
of  giving  land  fiiiled  to  remedy  this  evil ;  bnt  it 


44 


AGRICULTURAL 


was  a  syitem  tbat  developed  itself  of  necessity  in 
a  state  constituted  like  Rome. 

Those  who  may  choose  to  investigate  the  sub- 
ject of  the  agnuian  laws,  will  find  the  following 
references  sufficient  for  the  purpose :  —  Li  v.  i  46, 
47  ;  iL  41,  42,  43,  44,  48,  62,  61,  63,  iiL  1,  9, 
iv.  12,  36,  43,  44,  47,  48,  49,  61,  62,  68,  v.  24. 
30,  Ti.  6,  6,  16,  21,  36,  viL  16,  x.  13,  47,  zzziii. 
42,  xxxiv.  40  ;  Dionys.  ii.  16,  viii.  70,  &a,  ix. 
51,  Ac,  X.  36 ;  Plut  OamiUut^  c.  39,  71  Grao- 
chusy  C,  Oraodttu;  Appian,  B.  C.  L  7,  &c ;  Cic 
c.  RuUtm;  ad  AtU  u  19,  ii.  16  ;  Dion  Cass. 
xxxviil  1,  &c  xlv.  9,  &c  xlviL  14,  xlviil  2  ;  Veil 
Pat  ii.  2, 6,  44 ;  Floras,  iiL  13,  &c. ;  ZeiUiAnftfvr 
GeacMehtitche  Recktmnsaenteha/tj  Das  Ackeigesets 
von  Spurius  Thorius,  vol  x.  by  Rudorif ;  Niebuhr, 
Botnan  Hidoty^  vol  IL  p.  129,  &c. ;  Savigny, 
DaaRecht  dea  BesUzee^  6th  ed. ;  Classical  Museum, 
Parts  V.  VL  VII.,  articles  by  the  author  of  this 
article,  and  an  article  by  Professor  Puchta,  of 
Berlin  ;  Political  Dictionary,  art  Agrarian  LaWj 
by  the  author  of  this  article.  [O.  L.] 

AORAUaiA  (irypwKla)  was  a  festival  cele- 
brated by  the  Athenians  in  honour  of  Agmulos, 
the  daughter  of  Cecrops.  {Diet,  of  Biogr,  #.  v.) 
We  possess  no  particulars  respecting  the  time  or 
mode  of  its  celebration  ;  but  it  was,  perhaps,  con- 
nected with  the  solemn  oath,  which  all  Athenians, 
when  they  arrived  at  manhood  {f^in%oi\  were 
obliged  to  take  in  the  temple  of  Agnudos,  that  they 
would  fight  for  their  countiy,  and  always  observe 
its  laws.  (Lycurg.  c.  Leocr,  p.  189 ;  Dem.  de  LegoL 
p.  438  ;  Plut  Alab.  16 ;  Stobaeus,  Serm,  xll  141 ; 
Schomann,  Dt  QmUiis^  p.  332  ;  Wachsmuth,£M- 
lai.  Alterth,  vol.  i.  p.  476,  2nd  ed.) 

Agraulos  was  also  honoured  with  a  festival  in 
Cyprus,  iu  the  month  Aphrodisius,  at  which  human 
victims  were  offered.  (Porphyr.  De  Abatin,  ob 
Anim.  i.  2.) 

AGRICULTU'RA,  agriculture. 

AtUhariiies, — When  we  remember  that  agricul- 
ture, in  the  most  extended  acceptation  of  the  term, 
was  for  many  centuries  the  chie^  we  may  say,  almost 
the  sole  peaceful  occupation  followed  by  any  large 
portion  of  the  free  population  in  those  European 
nations  which  first  became  highly  civilised,  we  shall 
not  be  surprised  to  find  that  the  contemporaries  of 
Cicero  were  able  to  enumerate  upwards  of  fifty 
Greek  writers  who  had  contributed  to  this  science. 
But  although  the  Homeric  poems  are  filled  with  a 
series  of  the  most  channing  pictures  derived  fix>m 
the  business  of  a  country  life,  although  Hesiod 
supplies  abundance  of  wise  saws  and  pithy  apho- 
risms, the  traditional  wisdom  accumulated  during 
many  successive  generations,  although  Xenophon 
has  bequeathed  to  us  a  most  gracefiu  essay  on  the 
mond  beauty  of  rustic  pursuits  interspersed  with 
not  a  few  instructive  details,  and  although  much 
that  belongs  to  the  Natural  History  of  the  subject 
will  be  found  treasured  up  in  the  vast  storehouses 
of  Aristotle  and  Thcophnistus,  yet  nothing  which 
can  be  regarded  in  the  li^ht  of  a  formal  treatise 
upon  the  art  as  exhibited  m  the  pastures  and  corn- 
fields of  Hellas,  has  descended  to  us,  except  a 
volume,  divided  into  twenty  books,  commonly 
known  as  the  Geopomoa  (Ttvwwucd),  whose  his- 
tory is  somewhat  obscure,  but  which,  according  to 
the  account  commonly  received,  was  drawn  up  at 
the  desire  of  Constantino  VI.  (a.  d.  780—802) 
by  a  certain  Cassianus  Bassus,  and  consists  of  ex- 
tracts fix>m  numerous  writers,  chiefly  Greek,  many 


AGRICULTURA. 
of  whom  flourished  in  the  second,  third,  and  Ibartli 
centuries.  This  collection  is  systematically  ar- 
ranged and  comprehends  all  the  chief  branches ; 
but  it  has  never  been  considered  of  mucb  value, 
except  in  so  fisr  as  it  tends  to  confirm  or  iUuatzate 
the  statements  found  elsewhere.  The  inibniiation 
conveyed  by  it  is,  upon  many  points,  extzemely 
meagre,  the  materials  were  worked  up  at  a  late  period 
by  an  editor  with  whose  history  and  qoaliiications 
for  his  task  we  are  altogether  unacquainted^  while 
the  most  important  quotations  are  taken  fixmi  suxthoTB 
of  whom  we  know  little  or  nothing,  so  that  ire  can- 
not tell  whether  their  precepts  apply  to  the  same 
or  to  different  climates,  whether  they  give  ua  the 
finiit  of  their  own  experience,  or,  as  we  have  great 
reason  to  suspect  in  many  instancfis,  were  them- 
selves mere  compilers. 

The  Romans,  during  the  brightest  periods  of 
their  history,  were  devotedly  attached  to  the  only 
lucrative  profession  in  which  any  citizen    could 
embark  with  honour,  and  from  the  first  dawn  until 
the  decline    of   dieir   literature,  rural   economy 
formed  a  favourite  theme  for  composition  both  in 
prose  and  verse.    The  works  of  the  Sascmac, 
fiither  and  son,  those  of  Scrofa  TremeUius,    of 
Julius  Hyginus,  of  Cornelius  Celsus,  of  Julius 
Atticus,  and  of  Julius  Oraecinus  have  perished  ; 
but  we  still  possess,  in  addition  to  Vir^g^I,  four 
*^  Scriptores  de  Re  Rustics,**  two,  at  least,  of  whom 
were  practical  men.    We  have,  in  the  first  place, 
162  chapters  from  the  pen  of  the  elder  Cato 
(B.C.  234 — 149),  a  strange  medley,  containing 
many  valuable  hints  for  the  management  of  the 
form,  the  olive  garden,  and  the  vineyard,  thrown 
together  without  order  or  method,  and  mixed  up 
with  medical  prescriptions,  charms  for  dislocated 
and  broken  bones,  culinary  receipts,  and  sacred 
litanies,  the  whole  forming  a  remarkable  corapomid 
of  simplicity  and  shrewdness,  quiunt  wisdom  and 
blind  supentition,  bearing,  moreover,  a  strong  im- 
press of  the  national  character;   in  the  second 
place,  we  have  the  three  books  of  Varro  (b.  c.  116 
— ^28X  drawn  up  at  the  age  of  eighty,  by  one  who 
was  not  only  the  most  profound  scholar  of  his  age, 
but  likewise  a  soldier,  a  politician,  an  enthusiastic 
and  successful  farmer;    in  the  third  place,  the 
thirteen  books  of  ColumeUa  (a.  d.  40  [P]),  more 
minute  than  the  preceding,  especially  in  all  that 
relates  to  the  vine,  the  olive,  gardening,  and  fruit 
trees,  but  evidently  proceeding  from  one  much  less 
fiuniliar  with  his  subject ;  and,  histly,  the  fourteen 
books  of  Palladius  (a  writer  of  uncertain  date  who 
closely  copies  Columella),  of  which  twelve  form  a 
Farmer*s  calendar,  the  difiersnt  operations  being 
ranged  according  to  the  months  in  which  they 
ought  to  be  performed.      Besides  the  above,  a 
whole  book  of  Pliny  and  many  detached  chapters 
are  devoted  to  matters  connected  with  the  labours 
of  the  husbandman  ;  but  in  this,  as  in  the  other 
portions  of  that  remarkable  encyclopaedia,  the 
assertions  must  be  received  with  caution,  since  they 
cannot  be  regarded  as  exhibiting  the  results  of 
original  investigation,  nor  even  a  voy  correct  repre* 
sentation  of  the  opinions  of  others. 

We  ought  not  here  to  pass  over  unnoticed  the 
great  woik  of  Mago  the  Carthaginian,  who,  as  a 
native  of  one  of  die  most  fertile  and  carefully  cul- 
tivated districts  of  the  ancient  world,  must  have 
had  ample  opportunities  for  acquiring  knowledge. 
This  production,  extending  to  twenty-eight  hooks, 
had  attained  such  high  feme  that,  after  the  de- 


AGRICULTURA. 

ttmedon  of  GartlHige»  it  was  tnnakted  into  Latin 
W  orden  ci  the  aenmle  ;  a  Greek  Yenion,  with  ad- 
djtkoa  and  piobaUj  wniwinnii,  wat  eacecnted  by 
DfeeaywH  of  Utica^aiid  piiWfthed  in  twenty  booki 
duii^  the  century  belore  tke  oomnieneenient  of 
«Br  cfm ;  and  thia,  again,  waa  a  few  yean  after- 
mtfdi  candenaed  into  six  books  by  Diophanet  of 
Nkaea,  and  preaented  to  King  Deiotaina.  In 
vkat  (blfewa,  Cato»  Vano,  and  Colnmdk  will  be 
oar  ckief  sni^octa,  althoogh  icferenoet  will  be  made 
to  and  Ulnatintions  dxawn  from  the  other  aoucea 
isdicated above.  (Yair.  A 12.  i  1 ;  Col.iZ.  A.  1 1 ; 
Plin.  H.  N.  TToL  3  ;  Pnl^.  od  Gmpon,  in  ed. 
Nkki.) 

Kami  Economy  may  be  treated  of  imder  two 


A.  Agricnhnre  proper  (Ji^nicaltera),  or  the  art 
oftilliwtheioiL 
R  Ae  management  of  stock  {PaM^ 

A.    AGRICULTURA. 

Africnltaie  proper  teaches  the  art  of  laising  the 

TviniB  oops  neeesary  Ibr  the  lastenance  and  com- 

fat  of  man  and  of  the  domestic  animals,  in  each  a 

■uDff  that  the  prodnctiTe  cneigies  of  the  aoil 

^T  be  fnDy  developed  but  not  exbansted  nor 

eafeeUed,  and  teadiea»  fiurther,  bow  this  may  be 

smfBip<iffTM>^  with  the  least  pomible  expenditore 

of  caphaL     The  cmpa  to  which  the  Gieeks  and 

Romans  chiefly  directed  their  attention  were — 

L  Different  kmda  of  grain,  soch  ai  wheat  and 

bailey ;  kgnminooa  Te^etablee  cultivated  for  their 

•eedi,  meh  aa  beana,  peas,  and  lupines  ;  herbs  cat 

green  far  forage,  sneh  as  graas,  tares,  and  lucerne ; 

and  ptanti  which  famished  the  raw  material  for 

the  textile  foboca,  anchaa  hemp  and  flasL   2.  Fruit 

tiees,  especially  tlie  Tine,  the  dive,  and  the  fig. 

3b  Gaidea  stnfii  —  For  ihe  second  of  thete  divi- 

HBs  werefo  to  the  arbdes  Olstum  and  Ynou. ; 

ad  we  shall  not  tooch  at  all  upon  gardening,  smce 

the  auanle  detaOa  eonneeted  with  thii  topic  are  of 

fitde  or  no  lerTioe   in  illustnting  the  dam' 

Agriadtnre  in  its  restricted  tense  oompiehendi 
s  fcaowirwe 

L  Of  the  subject  of  our  opemtions,  that  is,  the 
fam(Jwmlm$jpnaedimm)y  which  mustbe  considered, 
a.  with  reference  to  its  situation  and  soil  (quo 
he»  a  faofis),  and  6.  with  xeferenoe  to  the  dwell- 
Big-bonae  and  stpehding  (villa  et  ttabuU), 

IL  Of  the  instruments  (auAwBMafo)  required 
ti  perfiatm  the  -various  opentions  (qmae  m  /imdo 
9fmmmt  ae  dAeamt  am  emUwnm  oimta)^  these  in- 
Anaaeats  bexngtwofold,  a.  men  (hamim§)  ;  and  h. 
the  amistanta  of  men  (oAwtatcafa  Aoiuiaai),  vis. 
daaMstic  •"^-^^l*  (Aooes,  agw,  oobm,  Ac)  U^ther 
with  tools  (milnmtata\  pn^y  so  called,  such 
siploi^hs  and  hairovn. 

IIL  Of  the  opentions  themselves,  such  as 
plfloghing,  hanowing,  and  sowing  (qmae  ta  fimdo 
rnkaH  amaa  mai  faeiatdd)^  and  of  the  time  when 
tbcy  are  to  be  perfiinned  {$pui  qmdqmd  itmpon 

lY.  Of  the  object  of  these  operations,  vis.  the 
difoent  plants  conodeied  with  reliBrence  to  their 
ipedes,  varieties,  andhabita.  Under  this  head  we 
aaj  also  coBTeniently  include  what  is  termed  the 
ntitioB  of  crops,  that  is,  the  order  in  which  they 
«q;ht  to  snceeed  each  other  upon  tlie  same  ground. 


AGRICULTURA. 
L  a.    CouNiTio  Fundi 


45 


(Kmowfedg^  <^  Ae  Form).  In  selecting  a  iam, 
the  two  points  which  first  demanded  attention 
vrere,  1.  The  healthiness  of  the  situation  (malm- 
Mtas),  a  matter  of  the  greatest  anxiety  in  Italy, 
where  the  ravages  of  malaria  appear  to  have 
been  not  less  fiual  in  andent  thu  they  hare 
proved  in  modem  times;  and,  2.  The  geneial 
fertility  of  the  soiL  It  was  essential  to  be  fully 
satisfied  upon  both  of  these  paiticulan ;  fiir  to 
settle  in  a  pestilential  spot  was  to  gamble  with 
the  Uyos  and  property  of  all  concerned  (mam  aUmd 
Mi  aiqme  aim  domimi  vUob  «i  ni  /kmuliant\  and 
no  man  in  his  senses  vraold  undettake  to  till 
land  which  was  not  likely  to  yield  a  hit  rKura 
for  his  outlay  of  money  and  labour  (/htdma  pro 
wwpwisif  oo  tabon).  The  next  object  of  solicitade 
was  a  good  asnect  The  property  iras,  if  poosiUe, 
to  hare  a  southerly  exposure,  to  be  shelter^d  by  a 
wooded  bin  from  Uie  sweep  of  boisterous  ud  cut- 
ting winds,  and  not  to  be  liable  to  sodden  mis- 
fortunes  (me  ealamtihmm  met\  such  as  inundations 
or  Yioient  hail  storms.  It  was  highly  important 
that  it  should  be  in  the  Tidnity  of  a  populous  town 
(^ppHima  mi2Umi),  or  if  not,  that  it  should  be 
readily  aeeessiUe  dther  by  sea,  or  by  a  naTigable 
stream  (mwats  ama  mama  amibmiomd)^  or  by  a  good 
wen  frequented  road  (via  boma  ceUbntqme)  ;  that 
there  sh<Nild  be  an  abundant  supply  of  water  (&o- 
a«a»  a9iKrasi);  that  it  should  he  so  situated  that 
the  preprietor,  if  he  did  not  live  upon  the  estate, 
might  be  able  to  gire  actire  and  constant  personal 
superintendence  ;  and,  finally,  that  it  should  be 
moderate  in  sise,  so  that  erery  portion  might  be 
brought  into  foil  cultivation  (lamdak>  nymfa  ntra 
— .En^aaoa  00^). 

These  prdiminaiy  matters  being  ascertained, 
the  soil  might  be  considered  in  reference  it  to 
its  general  external  features  O^nna),  /9.  to  iu 
internal  qualities  (qmaliM  mi  fcrra). 

a.  In  so  for  as  its  external  features  were  con- 
cerned it  might  be  flat  (sobm  eompsifrv),  or  upland 
rolling  ground  (coBimmm\  or  high  Ipng  (moalo- 
nam),  or  might  comprise  within  its  umits  all 
three,  which  was  most  desinsble,  or  any  two  of 
them.  These  variations  would  necessarily  exer- 
cise important  influence  on  the  climate,  on  the 
description  of  cn^  which  might  be  cultivated 
with  advantage,  and  on  the  time  chosen  for  per- 
forming the  varions  operations,  the  general  rule 
being  that  as  we  ascend  the  temnerstare  fells,  that 
com  and  sown  crops  in  genenti  («;psfet)  succeed 
beat  on  plains,  Tmeysrds  (eaMos)  on  gentle  slopes, 
and  timber  trees  (wilvae)  upon  elevated  sites,  and 
that  the  diiEerent  laboiDS  of  the  rustic  may  be 
id  eariier  upon  low  than  upon  high 
When  flat  it  was  better  that  it  shoiSd 
^ently  and  umfixmly  in  one  direction 
(agqmabilUer  ta  anom  jMr<e«  vergmt)  than  be  a 
dead  lerel  (ad  Ubellaw^  oegaam),  for  m  the  hitter 
case  the  drainage  being  necessarily  imperfect,  it 
would  hare  a  tendency  to  become  swampy ;  but 
the  worst  form  was  when  there  were  conrerging 
slopes,  for  there  the  water  collected  into  pook 
(laemmas), 

i9.  In  so  fiv  as  its  internal  qualities  were  con- 
cerned, soil  might  be  dsssed  undasix  heads  form- 
ing three  antagonistic  pain. :  — 

1.  The  deep  and  &t  (pimgmB\  9.  The  shallow 
and  lean  (aiocmsH  jejmmmmt),  S.  The  loose  (so^ 


ground. 


46 


AORICULTURA. 


hm\  4.  The  dense  (apuntm)^  5.  The  wet  (kumi- 
dwm^  aamotum^  M^ftpkMmm),  6.  The  dry  (moomm), 
while  the  endleu  gradations  and  combinations  of 
which  the  elementary  qualities  were  susceptible 
produced  all  the  existing  varieties.  These  are 
named  sometimes  from  their  most  obvious  consti- 
tuents,  the  stony  {lapido$tM\  the  grayelly  {ptano- 
fifm),  the  sandy  lartt»otum\  the  mortaiy  (soin/b- 
smm),  the  chalky  {erdo9»im\  the  clayey  (cuyillo- 
smk)  ;  sometimes  from  their  colour,  the  bk^fc 
(a^ram),  the  6aik{piiUmm),  the  grey  (mbaUmm), 
the  red  (ni6ibiM<^ttni),  the  white  {allntm)  ;  some- 
times from  their  consistency,  the  crumbling  (piUr$^ 
friabili^  AMritMm),  as  opposed  to  the  tenacious 
{daumm^  erasfam,  Mumm)  ;  sometimes  from  their 
natund  products,  the  grassy  {gramimmun^  herio- 
siiia),  the  weedy  (^parvani)  ;  sometimes  fit>m  their 
taste,  the  salt  {aaltum)^  the  bitter  {amarum)  ; 
nbriea  seems  to  have  been  a  sort  of  red  chalky 
clay,  but  what  the  epithets  ndeela  and  maierma 
applied  to  earth  (terra)  by  Cato  may  indicate,  it 
is  nard  to  determine  (Cato  34  ;  oomp.  Plin.  //.  N, 
xviiL  17).  The  great  object  of  the  cultivator  being 
to  separate  the  particles  as  finely  as  possible  (iteque 
eatm  alimd  ui  oolen  quam  reaolvere  el  /ermemiare 
terram\  high  value  was  attached  to  those  soils 
which  were  not  only  rich,  but  naturally  pulveru- 
lent Hence  the  first  place  was  held  by  eolum 
pitigue  el  putre,  the  second  by  pkigmier  dejuum^ 
while  the  worst  was  that  which  was  at  once  dry, 
tenacious,  and  poor  dnecum  pariler  el  densum  el 
maerum).  The  ancients  wen  in  the  habit  of  form- 
ing an  estimate  of  untried  ground,  not  only  horn 
the  qualities  which  could  be  detected  by  sight  and 
touch,  but  also  from  the  character  of  the  trees, 
shrubs,  and  herbage  growing  upon  it  spontaneously, 
a  test  of  more  practical  value  than  any  of  the 
othen  enumerated  in  the  second  Georgic  (177 — 
258.) 

When  an  estate  was  pnrehased,  the  land  might 
be  either  in  a  state  of  culture  (aUta  movaUa)^  or  in 
a  state  of  nature  (rudie  offer). 

The  comparative  value  of  land  under  cultivation 
estimated  W  the  crops  which  it  was  capable  of 
bearing,  is  fixed  by  C^  (1),  according  to  the  fol> 
lowinff  descending  scale :  — 

1.  Vineyards  («mea),  provided  they  yielded 
good  wine  in  abundance.  2.  Garden  ground  well 
supplied  with  water  (koriua  irngiau),  8.  Osier 
beds  {eaUehtm),  4.  Olive  phmtations  (oletum). 
5.  Meadows  {prcUum),  6.  Com  land  (eampus 
finmeHtanme),  7.  Groves  which  might  be  cut  for 
timber  or  fire-wood  (tiiva  audma).  8.  Arbuetmn. 
This  name  was  given  to  fields  planted  with  trees 
in  regular  rows.  Upon  these  vines  were  trained, 
and  the  open  ground  cultivated  for  com  or  legu- 
minous crops  in  the  ordinary  manner,  an  arrange- 
ment extensively  adopted  in  Campania,  and  many 
other  parts  of  Italy  m  modem  times,  but  by  no 
means  conducive  to  ffood  husbandry.  9.  Groves 
yielding  aooms,  beecn-mast,  and  chestnuts  (^Um- 
daria  eSboa).  The  fact  that  in  the  above  scale,  com 
land  is  phioed  below  meadows  may  perhaps  be  re- 
garded as  an  indication  that,  even  in  the  time  of 
Cato,  agriculture  was  upon  the  decline  among  the 
Romans. 

When  waste  land  was  to  be  reclaimed,  the  or- 
dinary procedure  was  to  root  out  the  trees  and 
brushwood  (/rafeto),  by  which  it  might  be  encum- 
bered, to  remove  the  rocks  and  stones  which  would 
impede  the  labours  of  men  and  oxen,  to  destroy  by 


AORICULTURA. 

fire  or  otherwise  troublesome  weeds,  sach  aa  fans 
and  reeds  {fiUeee^  JvacO,  to  drain  off  the  aaper- 
fluoos  moistare,  to  measure  out  the  graond  into 
fields  of  a  convenient  size,  and  to  endoae  these 
with  suitable  fences.  The  three  laat^mentiooed 
processes  alone  require  any  particular  notice,  and 
we  therefore  subjoin  a  few  words  apon  D&ajns, 
Land-Mbasuru,  Fxncss. 

Drains  (ybsscie,M/eici/iMali,«eilia)  were  of  two 
kinds: — 

1.  Open  {pataUee).    2.  Covered  (loamoae), 

1.  Foeeae  paieniee,  open  ditches,  alone  were 
formed  in  dense  and  chalky  soiL  They  were  wide 
at  top,  and  gradually  narrowed  in  wedge  fiuhion 
{mbriisUme  eupmie  wMIee)  as  they  descended. 

2.  Foeeae  ooeooe,  covered  drains,  or  sfvere  as 
they  are  termed  in  Scotland,  were  employed  where 
the  soil  was  loose,  and  emptied  themselvea  into  the 
foseae  paleiUee.  They  were  usually  aunk  from 
three  to  four  feet,  were  three  feet  wide  at  top  and 
eighteea  inches  at  bottom  ;  one  half  of  the  depth 
was  filled  up  with  small  stones  or  sharp  gravel 
(iMM^  fflarea\  and  the  earth  which  had  been  dug 
out,  was  thrown  in  above  until  the  snr&oe  was 
level  Where  stones  or  gravel  could  not  readily 
be  procured,  green  willow  poles  were  introduced, 
crossing  each  other  in  all  directions  {qmoguoversme\ 
or  a  sort  of  rope  was  constracted  of  twigs  twisted 
together  so  as  to  fit  exactly  into  the  bottom  of  tbe 
drain  ;  above  this  the  leaves  of  some  of  the  pine 
tribe  were  trodden  down,  and  the  whole  oorerod 
up  with  earth.  To  prevent  the  apertures  being 
choked  by  the  felling  down  of  the  soil,  tbe  mouths 
were  supported  by  two  stones  placed  upright,  and 
one  across  (niUiesimum  est,..,ora  e(tnan  Unie 
utrimque  lapidibue  elatuminari  el  alio  wpermteffi)- 
To  cany  off  the  surfiice-water  firom  land  under 
crop,  open  frvrows  {eutd aquaruyeiieee)  were  left  at 
intervids,  which  discharged  themselves  into  cross 
furrows  {eoUiqiiias)  at  the  extremities  of  the  fields, 
and  these  again  poured  their  streams  into  the 
ditches.  (Cat  43.  155 ;  Co\.  ii.  2. 8  ;  xL  2 ;  Pallad. 
vi  3  ;   Plin.  H,  N,  xviil  6.  19.  26 ;  Viig.  Gtory. 

ilia) 

Mbasurxs  of  Land. — The  measure  employed 
for  land  in  Latium  was  the  Jugerumy  which  was 
a  double  aetue  quadratue^  the  actus  quadratus,  an- 
ciently called  aenOy  or  aemia^  or  offima,  being  a 
square,  whose  side  was  120  Roman  feet  The 
subdivisions  of  the  ae  were  applied  to  the  jugenuu, 
the  lowest  in  use  being  the  eenpmlum^  a  square 
whose  side  was  ten  feet  200  jugera  formed  a 
eenhuioy  a  term  which  is  said  to  have  arisen  fivm 
the  allotments  of  land  made  by  Romulus  to  the 
citizens,  for  these  being  at  the  rate  of  2  jogera 
to  each  man,  200  jugera  would  be  assigned  to 
every  hundred  men.  Lastly,  four  centuriae  made 
a  ealiue.    We  thus  have  the  following  table :  — 

1  scripulum  s  100  square  feet,  Roman  measure. 
144  scripula     =  1  actus  =  14,400  square  feet 

2  actus  =  1  jugcram  =  28,800  square  feet 
200  jugera       «=  1  centuria. 

4  centuriae  ^  1  saltus. 

Now,  since  three  actus  quadnti  contained  4800 
square  yards,  and  since  tbe  Enslish  imperial  acre 
contains  4840  square  yards,  and  since  toe  Roman 
foot  was  about  I  of  an  inch  less  than  the  im- 
perial foot,  it  follows  that  the  Roman  jnger  ^^aa 
less  than  |  of  an  imperial  acre  by  about  500  square 
yards. 

In  (Campania  the  measure  for  land  was  the 


AORICULTURA. 

mnmf  j^iai/mftii,  s  mjaare  whose  tide  wag  100 
ieeif  the  wank  oetet  and  wuijim  maiking  the  or- 
dawy  lei^  of  iuimw  in  the  two  legioiia.  (Vair. 
A  ALIO,  A  Zw  IT.  4;  CoLt.  1;  F]itL  H.  N. 
xm.  3,) 
FmscES  (mpea^  Mepimenta)  were  (^  four  kinds : — 
L  jnyiiwiinftiiii    matmnle,    the  quickset    hedge 

2L  Ajiiiwusftiwi  offnatej  ft  wooden  paling  made 
Titk  i^f^hl  stakes  (paK)  interlaced  with  brush- 
wood  (wV^wftii  wtfaMffrftt),  or  having  two  or  more 
imss  i|iaii  (aiaifcs,  bmgmria)  passed  throogh  holes 
dnSed  in  the  stakes,  after  the  manner  of  what  are 
BOW  tenaedjiaiea  ipaUt  latia  ferfhrattM  et  per  ea 

3.  JkpanortHS  wuUiaire,  consisting  of  a  ditch 
C^cw)  with  the  earth  dug  oat  and  thrown  op  in- 
sde  so  as  to  form  ao  embankment  {agger\  a  fence 
med  cUeflj  along  the  aides  of  pnbUc  roads  or  on 
tSs  haaks  of  riverB. 

4.  Sfphaemtfrm  y^s&rtZe,  a  wall  which  might  be 
famed  either  of  stones  {maeeria),  as  in  the  Ticinity 
of  Tnsoalam,  or  of  baked  bricks  as  in  the  north 
«f  Italy,  or  of  mo^baked  bricks  as  in  Sabmom,  or 
of  vasaes  of  earth  aind  stone  pressed  m  between 
iifr%ht  boards  (Is  Jbrpus\  and  hence  tenned 
firmaeiL  These  last  were  common  in  Spain,  in 
Afiio,  and  near  Tarentnm,  and  were  said  to  htft 
ftr  yriiUuMitt  umnjnred  by  the  weather.  (Yarr.  i 
14 ;  Plin.  H,  M  xxzT.  14 ;  comp.  CoL  t.  10,  z.  8; 
Palbd.i.34;  tL  3.) 

Family,  after  the  land  had  been  diained,  di- 
vided, soui  fenced,  the  banks  which  serr^  as 
hoaB^ncs,  and  the  road-sides  were  pbmted  with 
tieea,  the  elm  and  the  pophir  being  preferred,  in 
Older  to  secure  a  sopply  of  leaves  for  the  stock  and 
tmber  ibr  domestic  nse.  (Cat.  6.) 

I.  &.  Villa  Rustica. 

In  erecting  a  house  and  offices,  great  importance 
was  sttadied  to  the  choice  of  a  &vonrable  position. 
The  site  selected  was  to  be  elevated  rather  than 
loir,  in  order  to  aeenre  good  ventilation  and  to 
av^  aU  danger  of  exhawtions  horn  mmiing  or 
riagnaat  water  ;  nnder  the  brow  of  a  hill,  for  the 
■ke  <^  shelter ;  &cing  the  east  so  as  to  enjoy 
SBBshxne  in  vrinter  and  shade  in  snmmer ;  near, 
bat  not  too  near  to  a  stream,  and  with  plenty  of 
wood  and  pasture  in  the  neighbourhood.  The 
itm^nres  were  to  be  strictly  in  proportion  to  the 
cxtait  of  the  &rm ;  for  if  too  ha:g^  the  original 
cost  is  heavy,  and  they  must  be  kept  in  repair  at 
a  great  expense ;  if  too  small,  the  various  products 
would  nm  the  risk  of  being  injured  by  the  want 
of  proper  receptacles  {ita  edifioet  ne  villa  Jimdvm 
faatenU  sees  /mm^ss  viZ&sm,  Cat  R.  R,  3).  The 
1^^4^myi  were  usually  arranged  round  two  courts, 
with  a  tank  in  the  centre  of  each,  and  divided 
nito  three  parts,  named  according  to  the  purposes 
fa  which  Uiey  vrere  destined.  1.  {Pari)  Urbana, 
2.  (Pan)  Rmaiiea.     3.  {Pan)  Pnutmria. 

1.  Ufiaaa.  This  comprehended  that  part  of 
&  bftilding  occupied  by  the  master  and  his  femily, 
fwsirtmg  of  eating  rooms  {eoenaiionu)  and  sleep- 
ily apartments  (caAtea/b),  with  different  aspects 
far  summer  and  winter,  baths  (te/neona),  and 
pwtiooes  orjffomenedee  {ambidaiUmtM),  Columella 
neoomMDdf  that  this  portion  of  the  mansion  should 
k  ias&  as  eommodions  as  the  means  of  the  pro- 
tnstawm  penmt,  in  order  that  he  himBelf  may 
Kta^tedtotpead  mare  time  there,  and  that  the 


AGRICULTURA. 


47 


lady  of  the  femily  {mainma)  may  be  more  willing 
to  bear  her  husbnid  company. 

2.  RtuHea,  This  comprehended  that  part  of  the 
building  occupied  by  the  servants,  consisting  of  a 
huge  uid  lofty  kitchen  (m&m),  to  which  they 
might  at  all  times  resort,  baths  {balmetts)  for  their 
use  on  holidays,  sleeping  closets  (eellae)  for  the 
teroi  $ohiii,  a  gaol  (^r^osAi/am)  under  ground  for 
the  mnri  ffmetL  In  this  division  were  included 
also  the  stables,  byres,  sheds,  folds,  courts,  and 
enclosures  of  every  description  {ttdrnta,  bMia^ 
Jtjpto,  oeiZM,  oories)  for  the  working  oxen  (dbiatib* 
bocea\  and  other  stock  kept  at  home,  together  with 
a  magazine  or  storehouse  {korreum)  where  all  the 
implements  of  agriculture  (onrns  nuHaam  taiArs- 
mentitm)  were  deposited,  and  within  this,  a  lock-up 
room  for  the  reception  of  the  iron  tools  {ferro' 
memta).  In  so  for  as  the  distribution  of  rooms 
was  concerned,  the  overseer  (^oUUata)  was  to  have 
his  chamber  beside  the  main  entrance  {jamma)^  in 
order  that  he  might  observe  all  who  came  in  or 
went  oat,  the  book-keeper  (yrwwrator)  was  to  be 
placed  over  the  gate,  that  he  might  watch  the 
vUUau  as  wdl  as  the  others,  while  the  shepherds 
(optZtioaef),  oxmen  (6«6«fei),  and  such  persons  were 
to  be  lodged  in  the  immediate  vicinity  of  the  ani- 
mals under  their  charge. 

3.  FrHcbuuia,  This  comprehended  that  part  of 
the  building  where  the  produce  of  the  form  was 
preserved,  consisting  of  the  oil  cellar  (eefiia  olearia), 
the  press-house  {okia  torea&sna),  the  vault  for 
wines  in  the  cask  {ceUa  vmana),  the  boiling-room 
for  inspissating  nrast  {de/rtaaria)^  all  of  which 
were  on  the  ground  floor,  or  a  little  depressed  be* 
low  the  level  of  the  sofl.  Above  were  hay-lofts 
{/oemlia),  reporitories  for  chafl!^  straw,  leaves,  and 
other  fodder  {palearia),  granaries  (Aorreo,  pra- 
n€tna\  a  drying-ruom  for  newly  cut  wood  {/uma- 
rium)  in  connection  with  the  rustic  bath  flues, 
and  store-rooms  {<q)o&ecae)  for  wine  in  the  am- 
phora, some  of  which  communicated  with  the 
fianaarhan^  while  others  received  the  jars  whose 
contents  had  been  sufficiently  mellowed  by  the 
influence  of  heat 

In  addition  to  the  conveniences  enumerated 
above,  a  mill  and  bake  house  (pufrmwn  et  fiar- 
sttm)  were  attached  to  every  establishment ;  at 
least  two  open  tanks  (/MCMOtf,  laau  «a6  </to),  one 
for  the  cattle  and  geese,  the  other  for  steeping 
lupines,  osiers,  and  objects  requiring  maceration ; 
and,  where  there  was  no  river  or  spring  available, 
covered  reservoirs  (euferaas  «a6  te^)  into  which 
rain  water  was  conveyed  for  drinking  snd  culinary 
purposes.  (Cat  3,  4,  14  ;  Yarr.  L  11—14  ;  Col 
i.  6  ;  Geopon.  ii.  3.) 

II.  Instrumbnta. 
The  instrumenta  employed  to  cultivate  the 
ground  were  two-fold  :  a,  Persons  (Aomtnes)  ; 
6.  Aids  to  human  toil  (afmtatca&s  hofmiiiim\ 
namely,  oxen  and  other  animals  employed  in 
work  ;  together  with  tools  (tnsfrsmeato),  in  the 
restricted  sense  of  the  word. 

XL  a.  UoMiNia. 

The  men  employed  to  cultivate  a  form  might 
be  either,  1.  ftee  Ubouren  (opsnirn),  or  2.  slaves 

(sBm). 

r.  Fm  labouren.  Cato  considers  the  focflity  of 
procuring  persons  of  this  description,  whom  in  ono 
place  he  calls  msrcwiam  politores^  as  one  of  the 


48 


AGRICULTURA. 


circmnatances  that  ought  to  weigh  with  a  purchaier 
in  making  choice  of  a  farm  ;  for  although  a  large 
proportion  of  the  work  upon  great  estates  was, 
during  the  later  ages  at  least  of  the  Roman  re- 
public, always  performed  by  sUres,  it  was  con- 
sidered advantageous  to  employ  hirelings  for  those 
operations  where  a  number  of  hands  were  re- 
quired for  a  limited  period,  as  in  hay-making, 
the  com  harvest,  and  the  vintage,  or,  according  to 
the  cold-blooded  recommendation  of  Varro,  in 
unhealthy  situations  where  slaves  would  have  died 
off  fiut,  entailing  a  heavy  loss  on  their  owner. 
Operarii  consist^  either  of  poor  men  with  their 
fiunilies,  who  were  hired  directly  by  the  farmer, 
or  of  gangs  (ocmdvetUias  Ubenrum  operae)  who 
entered  into  an  engagement  with  a  contractor 
(flMTOMiantw),  who  in  his  turn  bargained  with  the 
farmer  for  some  piece  of  work  in  the  slumps  or 
lastly,  of  persons  who  had  incurred  debt  which 
Aey  paid  oS  in  work  to  their  creditors.  This, 
which  was  an  ordmary  practice  in  the  earlier  ages 
of  the  Roman  republic,  seems  in  later  times  to 
have  been  confined  to  foreign  countries,  being  com- 
mon especially  in  Asia  and  lUyria.  Free  labourers 
worked  under  the  inspection  of  an  overseer  (prae- 
ficlu9\  whose  zeal  was  stimulated  by  rewards  of 
different  kinds. 

2.  Slaves  (Mm).  Rustic  slaves  were  divided 
into  two  great  classes,  those  who  were  placed 
under  no  direct  personal  restraint  {tend  ioluiC)^ 
and  those  who  worked  in  fetters  (tervi  vincti) 
when  abroad,  and  when  at  home  were  confined  in 
a  kind  of  prison  {erffattulvm\  where  they  were 
guarded  and  their  wants  supplied  by  a  gaoler  («r- 
gaatulariui).  Slaves,  moreover,  in  large  establish- 
ments, were  ranked  in  bodies  according  to  the 
duties  which  they  were  iq>pointed  to  p^orm,  it 
being  a  matter  of  obvious  expediency  that  the 
same  individuals  should  be  regularly  employed  in 
the  same  tasks.  Hence  there  were  the  ox-drivers 
{bubuld)^  who  for  the  most  part  acted  as  plough- 
men also  (oratofvf),  the  stable-men  (Jugaru)^  who 
harnessed  the  domestic  animals  and  tended  them 
in  their  stalls,  the  vine-dressers  (vmtorM),  the 
leaf-strippers  {/rondatons),  the  ordinary  labourers 
(mediastan),  and  many  other  ckssified  bodies. 
These,  according  to  their  respective  occupations 
worked  either  singly,  or  in  small  gangs  placed 
under  the  charge  of  inspectors  (magiiin  openim). 
When  the  owner  (d<mmu9)  did  not  reside  upon 
the  property  and  in  person  superintend  the  various 
ouerations  in  progress,  the  whole  forming  esta- 
blishment was  under  the  control  of  a  general 
overseer  (vSHau,  actor),  himself  a  slave  or  freedman, 
who  regulated  the  work,  distributed  food  and 
clothing  to  the  labourers,  inspected  the  tools, 
kept  a  regular  account  of  the  stock,  performed  the 
stated  sacrifices,  bought  what  was  necessary  for 
the  use  of  the  household,  and  sold  the  produce  of 
the  form,  for  which  he  accounted  to  the  proprietor, 
except  on  very  extensive  estates  where  there  was 
usually  a  book-keeper  (procuraior)  who  managed 
the  pecuniary  transactions,  and  held  the  viUicut  in 
check.  With  the  villicus  was  associated  a  female 
companion  {ooniubemalis  nuilier)  called  mUioOy 
who  took  charge  of  the  female  slaves,  and  the  in- 
door details  of  the  family.  The  duties  and  quali- 
fications of  a  villicus  will  be  found  enumerated 
in  Cat.  c  5,  and  Colum.  i  8  ;  comp.  Qeopon.  ii. 
44,  45. 

The  food  of  the  slaves  composing  the  household 


AGRICULTURA. 

(famHia)  was  cUused  under  three  heads,   1.  CS&s- 
ria,    2.  Vinmn,    3.  PuLmmUanum, 

1.  Cibaria.  The  mnoi  compediH^  being  kept  con- 
stantly in  confinement,  received  their  fidod  in  the 
shape  of  bread  at  the  rate  of  4  pounds  (Roman 
pound=ll|oi.  avoirdupois)  per  diem  in  winter, 
and  5  pounds  in  summer,  until  the  figs  came  in, 
when  they  went  back  to  4  poundi.  The  sere* 
tohUi  received  their  food  in  the  shape  of  com,  at 
the  rate  of  4  modii  (pecks)  of  wheat  per  month  in 
winter,  and  44  in  summer.  Those  persona,  such 
as  the  viltieusy  the  vUHoa^  and  the  shepherd  iopi- 
/•o),  who  had  no  hard  manual  labour  to  perform, 
were  allowed  about  one  fourth  less. 

2.  Vmum.  The  quantity  of  wine  allowed  Taried 
much  according  to  the  season  of  the  year,  and  the 
severity  of  the  toil  imposed,  but  a  aenms  mhUitM 
received  about  8  amphorae  (nearly  48  imperial 
gallons)  a  year,  and  a  ssross  oompeditiu  about  10 
amphorae,  besides  lora  [see  Vinum]  at  discretion 
for  three  months  after  the  vintage. 

3.  Pubnentarium,  As  pulmentaria  they  received 
olives  which  had  fiillen  from  the  trees  (pleae  ca- 
duoas)y  then  those  ripe  olives  {oleae  tempettinae), 
frtnn  which  the  least  amount  of  oil  could  be  ex- 
pressed, and,  after  the  olives  were  all  eaten  up, 
salt  fish  (Ad!0o),  and  vinegar  (aoetem).  In  addi- 
tion to  the  above,  each  individual  was  allowed  a 
sextarius  (very  neariy  an  imperial  pint)  of  oil  per 
month,  and  a  modius  of  salt  per  annum. 

The  clothing  {vuHmmta)  of  the  nutac  la^ 
bourers  was  of  the  most  coarse  description,  but 
such  as  to  protect  them  effectually  from  cold  and 
wet,  enabling  them  to  pursue  their  avocations  in 
all  weaken.  It  consisted  of  thick  woollen  blanket 
shirts  (teiMOoe),  skin  coats  with  loi^  sleeves  (joelies 
nuuUeatae),  cloaks  with  hoods  (nga  cuaUkUa^  cm- 
cuUonei),  patch-work  wrappers  (cesftmer)  made  out 
of  the  old  and  ragged  garments,  together  with 
strong  sabots  or  wooden  shoes  (tculpimeae).  A 
tunic  was  given  every  year,  a  $agum  and  a  pair  of 
toulpoiieae  every  other  year. 

The  number  of  hands  required  to  cultivate  a 
form,  depended  almost  entirely  on  the  nature  of 
the  crops. 

An  arable  form  of  200  jugers  where  the  ordi- 
nary crops  of  com  and  leguminous  vegetables  were 
raised  required  two  pairs  of  oxen,  two  bubuici  and 
six  ordinary  labourers,  if  free  from  trees,  but  if 
laid  out  as  an  arbustum,  three  additional  hands. 

An  olive  garden  of  240  jugers  required  three 
pain  of  oxen,  three  asses  for  carrying  manure 
(onm  omaU  dUeUauriC),  one  ass  for  tuming  the 
mill,  five  score  of  sheep,  a  villicus,  a  villica,  five 
ordinary  labourers,  three  bubuici,  one  ass-driver 
{amnarius)^  one  shepherd  {opiUo),  one  swineherd 
{mbuUm) ;  in  all  twelve  men  and  one  woman. 

A  vineyard  of  100  jugers  required  one  pair  of 
oxen,  one  pair  of  draught  asses  (omat  plostrarii)^ 
one  mill  ass  (asinut  molaris),  a  villicus,  a  villica, 
one  bubulcus,  one  asinarius,  one  man  to  look  after 
the  plantations  of  willows  used  for  withes  (mUc- 
tarius),  one  subulcus,  ten  ordinary  labouren;  in 
all  fifteen  men  and  one  woman.  (Cat  6,  56--59, 
10,  11 ;  Varr.  1 19  ;  Colum.  l  7,  8,  ii.  12.) 

In  what  has  been  said  above,  we  have  assumed 
that  the  proprietor  was  also  the  fitrmer,  but  it  was 
by  no  means  uncommon  to  let  (looare)  land  to  a 
tenant  (poUtor,  parHarius^  Cat ;  oUonus^  Varr. 
Colum.),  who  paid  his  rent  either  in  money  (pen- 
tio;  ad  peotatiam  maneraiam  comlfmi)^  as  seems  to 


AGRICULTURA. 

hvK  heat  tbe  pfactiee  wlien  ColnmeDa  wrote,  or 
fej  waakdag  over  to  the  landlord  a  fixed  pnportioa 
mfthi  produee  (sua  atoaato  Med  pmUbrnt  2oear»),  ac- 


AORICULTURA. 


4» 


_  to  tile  •jstem  described  by  Gato,  and  al- 
lied to  br  tbe  jonnger  Plin j.  Tkeie  ealc$d  aome- 
toBcs  tilled  tbe  Hune  fiom  from  fiuher  to  aon  for 
y  wiatiana  (ob&mu  oa^a^eaoe),  and  niefa  were  eoo- 
^doed  tbe  noat  desirable  occopanta,  aince  thej 
bad  a  aort  of  bereditaiy  mtcfest  in  the  ao3,  while 
«n  tbe  other  band  frequent  changes  conld  acaroely 
&i  to  prove  mjunona.  Tbe  worat  tenanta  were 
ibaoe  who  did  not  adthrate  in  penon,  hot,  liying 
m  towns  (uihanmM  eoiomms\  employed  gaaga  of 
dzvea.  Upon  the  whole  Cobmielhi  recommends 
tbe  owner  of  an  estate  to  keep  it  in  hia  own  handa, 
except  wben  it  ia  rery  bancn,  tbe  dimate  nn- 
hoshby,  or  tbe  distance  from  bis  nanal  place  of 
abode  ao  great  that  be  can  aeldom  be  upon  the 
mot  Gkto  givea  m  table  of  the  proportion  which 
tLe  /wiiaiaiiaa  owbt  to  pay,  according  to  tbe  nature 
of  the  crap,  and  tbe  fertility  of  the  region ;  bntaa  he 
wkji  nothiag  witb  regard  to  the  manner  in  which 
t^  coat  of  coltimtiain  was  divided  between  the 
parties,  bis  statement  gives  ns  no  ]»actical  insight 
am  tbe  natnre  of  these  leases  (Gat  136,  137  ; 
CdflSL  i  7,  PUn.  ^pp-  ix.  37,  comp.  iiL  19.) 

IL  &.  Apminicula  HoMiNuy. 


The  doaaestBe  animala  employed  in  faiboor,  and 
ibeir  treatment  will  be  oonaidered  wider  tbe  ae- 
emd  g^eat  divisian  of  ma  sabject,  Pa$tks  or  the 
BBBagoaextt  of  stock. 

Tbe  took  (iaafi  aaiaate)  chiefly  uaed  by  the  &imer 
woe  tbe  ploogb  (wu/niai),  the  grabber  {irpem), 
haznras  (oralm,crato  dttOaiaey,  the  lake  (nutram), 
tbe  apade  (290,  pala\  the  hoe  (aofvabna,  Moba^ 
BarTw[?]),tbie  sped  or  weeding-book  (raaoo),  the 
arrthe  aad  aicfcle  (Jblx)^  the  tbiaahmg-machine 
(p&dk&m  Pocmana,  fri&alam),  the  cart  (plo- 
^r^U  tbe  axe  (meww,  dolabra),  Theae  wiU  be 
dranfted  aa  we  go  along  in  ao  fiv  aa  may  be 
uetejaaiy  to  raider  oar  obaervationa  intelligible, 
bat  far  fid!  information  tbe  reader  most  consnlt 
the  wfufuntt  artidea  devoted  to  each  of  tbe  above 


in.     ThB  OrmRATlOVS  of  AGRICULTt7BK. 

Tbe  SMSt  inqMfftant  opemtioQa  performed  by  the 

wen : — 1.  Ploogbing  (ororfio).  2.  Ma- 

1).   3.  Sowing  (ao^).  4.  Harrow- 

»).     5.  Hoemg  (sarrHio).    6.  Weeding 

7.  Beapmg  (memo).     8.  Thrashing 

9.  Winnowing  {vtMiilatio).    10.  Storing 

I  who  oflhred  aaoifice  on  tbe  Cerealia 
to  Ceaes  and  Tdfaia,  invoked  twelve  celestial  patnma 
of  theae  iaboms  by  tbe  namea  Vtrvaetor ;  Rqaa- 
TwtUotj  (jboToior  i  Goootot  j 
T  ;  Menar  i  Coiutdtoit  2  Om' 
&ar;  FromUor;  algnificant  i^pellationa  which 
wiB  be  dearly  vnderrtood  from  what  followa.  The 
fimetioaa  of  the  last  deity  alone  do  not  fidl  within 
aor  UtB ;  bnt  we  shall  add  another  to  tbe  liat  in 
tbe  pnam  of  jtenarfjai.  (Serr.  ad  Virg,  Qtorg,  i 
31:  V^H.N.  xviL  9;  Lactant  i  20;  Maoob. 
SaLLli  Pta<lent  PeridqpL  iii.  449 ;  Aogoatin. 
4»aikLxnL  IB.) 

I.  PlM^iu^  (aratki). 
Tkemnher  oi  times  that  land  was  plooghed, 
rajiag&vm  two  to  mnct  w  vdl  m  the  aeaaon  at 


which  the  work  was  performed,  dspended  upon  tbe 
nature  of  the  aoil  and  tbe  crop  for  which  it  was 
prepared.  The  object  of  ploogbing  being  to  keep 
down  weeds,  to  polveriae  tbe  earth  aa  finely  as 
possible  (Virg.  Oeiorp,  iL  204),  and  to  expose  every 
portion  of  it  in  torn  to  the  action  of  tbe  atmosphere, 
the  operation  was  repeated  sgain  aad  again  (Viiig. 
Oeorp.  I  47)t  until  these  objecU  were  fuUy  at- 
tained. When  stiff  low-Iying  aoil  (ooa^paa  ol^*. 
aoaaa)  waa  broken  np  for  wneat,  it  waa  osoal  to 
I^oiigb  it  foor  times,  first  (/irosBMwfara)  aa  early  m 
apring  aa  tbe  weather  would  permit  (Virg.  Oeoiy. 
L  63),  after  which  the  bmd  was  termed  earooeteai, 
and  hence  the  god  Paroootor;  for  the  aeeond  time 
(q^Vm^srv,  denofv,  oarooeta  mMptn)^  aboat  the 
summer  aobtice,  under  the  patronage  of  tbe  god 
Bqtaraior^takd  on  tbia occaaion  tbe  field  waa  croaa- 
ploughed  (Virg.  Oeofy,  i  97) ;  fir  tbe  third  time 
(tertian)^  aboat  the  beginning  of  September ;  and 
for  the  fiwirth  time,  abortly  befixe  the  equinox, 
when  it  waa  ribbed  (Urate)  for  the  reception  of  the 
aeed,  tbe  ribbing  being  executed  under  fovoor  of 
the  god  Iti^rcitor^  ly  adding  two  mouldboarda 
to  tba  plough,  (ortiifaai  oariiteaa),  one  on  each  nde 
of  the  ahare.  (Varr.  L  29 ;  PaUad.  L  43.)  Rich 
soil  on  aloping  ground  waa  ploughed  three  timea 
only,  tbe  ploogbing  in  apring  or  at  tbe  beginning 
of  September  being  omitted  ;  light  (en/ta)  moiat 
soil  alao  three  times,  at  tbe  end  of  August,  esriy 
in  September,  and  about  the  equinox ;  whilst  the 
pooteat  bill  aoil  waa  ploughed  twice  in  n^iid  auo- 
cesaion,  esriy  in  September,  ao  that  the  moiature 
might  not  be  dried  up  by  the  auauner  heat  (Viig. 
Georg.  I  70.) 

The  greatest  csre  was  taken  not  to  plough 
ground  that  had  been  rendered  miry  by  rain,  nor 
that  which  after  a  long  drought  had  been  wetted 
by  sbowera  which  bad  not  penetrated  beyond  the 
aurfoce  ((^L  ii.  4 ;  PaUad.  ii.  3) ;  but  whether 
thia  laat  is  really  the  terra  carioea  of  Otto,  aa 
Columella  aeems  to  think,  is  by  no  means  clear. 
(Oit  V.  34 ;  comp.  PUn.  H,  N,  xviL  5.) 

With  regard  to  the  depth  to  which  the  share 
was  to  be  £iven,  we  have  no  very  precise  direc- 
tiona;  bnt  Columella  recommenda  generally  deep 
ploughing  (ii  2.  §  23 ;  compu  Plin.  H.  N.  xviii. 
16)  in  preference  to  mere  acratching  (aoor^iSoa^) 
with  light  aharea  (ex^me  tomeribm  et  deatatSme). 

The  plough  waa  almoat  invariably  drawn  by 
oxen,  although  Homer  (/Z.  x.  351 ;  Od.  viii.  124) 
prefera  mulea,  yoked  cloae  together  in  auch  a 
to  pull  by  their  nedu  and  not  by  tbe 


homa,  guided  and  stimulated  chiefly  by  tbe  voice. 
Tbe  laah  waa  uaed  very  aparinoly,  aad  tbe  young 
ateer  waa  never  pridwd  by  we  goad  (etimmhu)^ 
ainoe  it  waa  apt  to  render  him  reative  and  un- 
manageable. The  animala  were  allowed  to  reat 
at  tbe  end  of  each  furrow,  but  not  to  atop  in  the 
middle  of  it:  wben  unharneaaed,  they  were  Gar»> 
fully  rubbed  down,  allowed  to  cool,  aad  watered, 
before,  they  were  tied  up  in  the  atall,  their  moutha 
having  been  previonaly  waahed  with  wine.  (CoL 
iL2L) 

The  ploughman  (Mabaa)  was  required  to  make 
perfectly  straight  and  unifonn  fiirrowa  (aa^oo  eorio 
me  are»\  ao  doae  to  each  other  aa  altogether  to  ob- 
Uteiate  the  mark  of  the  ahare,  and  waa  porticuhuiy 
cautioned  againat  miaaing  over  any  portion  of  the 
ground,  and  thus  leaving  aoanmat  that  is,  raaaaca 
of  hard  unatiried  earth  {neadn  erudum  eohun  et 
immotum  rtUmqiiai^  quod  offrieUae 


60 


AGRICULTURA. 


oamC).  The  nonnal  length  of  a  furrow  wm  120 
feet,  and  thia  is  the  original  import  of  the  word 
oetef.  A  distinction  is  drawn  between  wnu$  and 
wrmmty  the  fbimer  being  prqterly  the/vrroto,  the 
latter  the  extremity  of  the  Airrow,  or  the  turning 
pomt ;  but  this  is  far  from  being  strictly  obsenred. 
(Col.  iL  5.  §§  27,  28.) 

Four  days  were  allowed  for  the  four  plonghings 
of  a  juger  of  rich  low-l3ring  land  {jngarum  im$ 
agri  qttatuor  operig  etgoeditwr).  The  first  ploughing 
(protdstio)  occupied  two  days,  the  second  (Ueraiu^ 
one  day,  the  third  (ieriiaiio  [?])  three  fourths  of  a 
day,  and  ribbing  for  the  seed  one  fourth  of  a  day 
(m  liram  tatwm  redigitur  quadrante  operae).  The 
same  time  is  allowed  for  the  three  ploughings  of 
rich  upland  soil  (eoUet  pinffma  toU)  as  for  the  four 
nloughings  of  the  uliginosus  campus,  the  &tigue 
being  much  greater,  although  the  difficulties  pre- 
sented by  the  aodivity  were  in  some  measure  re- 
lieTed  by  ploughing  hills  in  a  slanting  direction, 
instead  of  straight  up  and  down.  (Cat  61 ;  Vair. 
i.  27.  29 ;  CoL  u.  2,  4  ;  Plin.  H,  N.  xvui.  19,  20. 
26 ;  Pallad.  i.  6,  ii.  3,  viiL  1,  x.  1  ;  Oeopon.  iL 
23;  and  comp.  Hom.  IL  xiiL  704;  xviii.  370. 
540;  OdT.  127.) 

2k  Manurifig  (stercoraiio). 

Manure  (fimuty  steretu).  The  manure  chiefly 
employed  was  the  dung  of  birds  and  of  the  or- 
dinary domestic  animals  (tterau  eolumbumm^  Mm- 

&c.).  This  differed  considerably  in  quality,  ac- 
cording to  the  source  from  which  it  was  procured  ; 
and  hence  those  who  raised  different  kinds  of  crops 
are  enjoined  to  keep  the  different  sorts  of  dung 
separate,  in  order  that  each  might  be  applied  in 
the  most  adyantageous  manner.  That  derived 
from  pigeon-houses  ((ix>lumbariu),  from  aviaries 
where  thrushes  were  fiutened  (etc  amariu  turdorum 
et  mendanim)^  and  from  birds  in  general,  except 
water-fowl,  was  considered  as  the  hottest  and  most 
powerfid,  and  always  placed  apart,  being  sown  by 
the  hand  exactly  as  we  deal  with  guano  at  the 
present  moment.  The  ancient  writers  very  em- 
phatically point  out  the  necessity  of  procuring  large 
supplies  <tf  manure,  which  the  Romans  r^arded  as 
under  the  especial  patronage  of  a  god  named  Ster- 
euHugj  and  nrmen  were  uived  to  collect  straw, 
weeds,  leaves  of  all  sorts,  hedge  dippings,  and 
tender  twigs,  which  were  first  used  to  litter  the 
stock,  and  then,  when  mixed  with  ashes,  sweep- 
ings.of  the  house,  road-scrapings,  and  filth  of  every 
description,  serveid  to  swell  the  dunghills  (tlerqui- 
Unia).  These  were  at  least  two  in  number,  one 
being  intended  for  immediate  use,  the  other  for 
the  reception  of  fresh  materials,  which  were  allowed 
to  remam  for  a  year ;  dung,  when  old  and  weU 
rotted,  being  accounted  best  for  all  purposes,  ex- 
cept fixr  top-dressing  of  meadows,  when  it  was 
used  as  fresh  as  possible.  The  dunghills  were 
formed  on  ground  that  had  been  hollowed  out  and 
beaten  down  or  paved,  so  that  the  moisture  might 
not  escape  through  the  soil,  and  they  wero  covered 
over  with  brushwood  or  hurdles  to  prevent  evapo- 
ration. In  this  way  the  whole  mass  was  kept  con- 
stantly moist,  and  fermentation  was  still  further 
promoted  by  turning  it  over  very  firequently  and 
incorporating  the  different  parts. 

The  partMuhir  crops  to  which  manuro  was  chiefly 
applied  will  be  noticed  hereafter ;  but  in  so  for  as 
NIgaida  the  time  of  application  it  was  laid  down  in 


AGRICULTURA. 

September  or  October,  on  the  ground  that  was  to  he 
autumn  sown ;  and  in  the  course  of  January  or  Fe* 
bruarv,  on  the  ground  that  was  to  be  spring  00  vn. 
A  full  manuring  {tterooratio)  for  a  juger  of  land 
on  an  upland  slope  (quod  tpistiuM  $tervat€Umr)  wa« 
24  loads  («0&«t),  each  load  being  80  modU  or  pecks  ; 
while  for  bw-lying  land  (quod  rarmt  wtenonUmry 
18  loads  were  considered  sufficient.    The  dung  was 
thrown  down  in  small  heaps  of  the  bulk  of  five 
modii,  it  was  then  broken  small,  was  spread  out 
equally  and  ploughed  in  instantly  that  it  might  not 
be  dried  up  by  the  rays  of  the  sun,  great  care  being 
taken  to  perform  these  operations  when  the  moon 
was  waning,  and  if  possible  with  a  west  wind.     Ac- 
cording to  the  calculations  of  Columella,  .the  lire- 
stock  necessary  for  a  form  of  two  hundred  jugera 
ought  to  yield  1440  loads  per  year ;  that  is,  enough 
for  manuring  60  jugers  at  the  rate  of  24  loads  to 
the  juger.   In  what  proportions  this  was  distributed 
is  nowhere  very  clearly  defined,  and  must  neces- 
sarily have  varied  according  to  circumstances.     If 
we  teke  two  statements  of  Cato  in  connection  with 
each  other,  we  shall  be  led  to  oondude  that  he  ad- 
vises one  half  of  the  whole  manure  made  upon  a 
fiirm  to  be  applied  to  the  raising  of  green  crops  naed 
as  fodder  (jMi6s2iim),  one-fourth  to  the  topn&easing 
of  meadows,  and  the  remaining  fourth  to  the  olives 
and  fruit-trees.     Columella  recommends  the  ma- 
nuring of  light  soil  (ect^M  terra)  before  the  second 
ploughing ;  but  when  rich  lands  were  summer  fol- 
lowed previous  to  a  com  crop,  no  manuro  was  con- 
sidered requisite.     (Hom.  Od.   xviL  297,  Theo- 
phrast  a  «.  A  iiL  25 ;  Cat  5,  7,  29,  36,  37,  61  ; 
Varr.  L   13,  38;  Colum.  ii.  5,  6,  9,  10,  14,  15, 
XL  2;  Pallad. L  33, X.  i ;  C]c.deSmML\bi  Plin. 
H.N.  xviL  9,  xviil  19,23;  Geopon.  ii.  21,  22.) 

The  system  of  manuring  by  penning  and  feeding 
sheep  upon  a  limited  space  of  ground  was  neither 
unknown  nor  neglected,  as  we  perceive  firom  the 
precepts  of  Cato  (30),  Varro  (ii.  2.  §  12),  and 
Pliny  {H,  N.  xviii.  53),  all  of  whom  recommend 
the  practice. 

The  ashes  obtained  by  burning  weeds,  bushes, 
prunings,  or  any  s<nt  of  superfluous  wood,  were 
found  to  have  the  best  effect  (Viiig.  Georg.  L  81 ; 
Colum.  ii.  15 ;  Plin.  xvii.  9 ;  Geopon.  xii.  4),  and 
sometimes,  as  we  know  from  Virgil  {Georg.  i.  84), 
it  was  deemed  profitable  to  set  fire  to  the  stubble 
standing  in  the  fields.  (Plin.  H.  N.  xviii  30.) 
Caustic  lime  was  employed  as  a  fertiliser  hj  some 
of  the  tribes  of  Transalpine  Gaul  in  the  time  of 
Pliny,  but  in  Italy  its  application  seems  to  have 
been  very  lunited  and  to  have  been  confined  to 
vines,  olives,  and  cherry-trees.  (Cat.  38 ;  Palkd. 
i.  6 ;  PluL  ILN.  xvil  9,  xviiL  25,  30.) 

Marl  also  (marffo)  of  different  kinds  wss  known 
to  the  Greeks,  was  iqiplicd  by  the  Megarenses  to 
wet  cold  lands, and  was  extensively  employed  in  Gaul 
and  Britain ;  but  not  being  found  in  Italy,  did  not 
enter  into  the  agricultural  arrangements  of  the 
Latins.     Pliny  devotes  several  chapters  to  an  ela- 
borate discussion  upon  these  earths,  of  which  he 
describes  various  sorts  which  had  been  made  the 
subject  of  experiment,  classifying  them  according 
to  Uxeir  colour,  their  constitution,  and  their  qiuili-      I 
ties ;  the  white  (a&i),  the  red  (rufa\  the  dove-      i 
coloured  {oolumbUta),  the  clayey  {€uyUla<m\  the      ' 
sandy  (onsfiaoea),  the  stony  (iopkaoea\  the  ht 
(jnngui*\  and  the  caustic  [?]  {aspera).    Some  of 
them  we  recognise  at  once,  as  fbr  example,  the  fot      j 
white  clayey  marl  chiefly  used  in  Britain,  the  ef- 


AORICULTfJRA. 

ktU  of  vUdi  were  bdiered  to  endnK  fior  tUfjktf 
rem.  (Piin.  ff.'^T,  zrii.  5, 8 ;  comp.  Yuvo,  i  7, 
In  GaBia  Dnammfyima   imtms  ad    ~' 


AGRICULTUIUL 


n 


Seneviiflt  anlogoos  to  tbe  use  of  xdbiI  wm  the 
XTVtoB  ftniii^y  reoommended  byThMfdmstotaod 
Cobselk,  l"t  condemned  by  Pliny,  of  oombmniff 
Mib  m  wticii  Mine  qnolitj  ezi8ted''m  exoeac,  witfi 
liMe  Boneniqg  opposite  cfaaxaeten — diy  gnvol 
vith  €baSkj  dvp,  or  hea^y  wet  loom  with  nnd, — 
the  objeet  beiag  freqnently  attained  to  a  eertun 
extmt  by  ODbioil  pkmgiung,  which  wai  greatly  ap- 
penedflfasanwons  of  renovating  fieldi  ezhaoited 
W  tercR  cnppinf^  (Theopknat  IL  *.  A.  iii.  25  ; 
Cdaa.  ii  15;  PKn.  H.  N.  zru.  5.) 

WImi  ocdkHiy  nuunuee  coold  not  be  proeond 
■  laffideot  qnaodtj,  a  icheme  was  leeorted  to 
wlDch  «M  at  one  time  puraaed  in  this  coontry, 
1^  ■  it31  adopted  with  eonaideiabie  raeoen  in 
■my  parte  of  Italy  and  in  the  eandy  tiacte  of 
ncdieni  Fiance.  The  field  waa  aown  aboat  the 
■iddle  of  Septoaber  with  beana  or  faipinea,  which 
««te  piaagbed  into  the  ground  the  Avowing 
ipna^fitt  all  caaea  before  the  pod  waa  folly  fermed, 
aed  at  an  earlier  atage  of  iJieir  growth  on  light 
tlan  on  stiff  eoila.  Nay,  many  oopa,  rach  as 
basaa,  peaa,  Inpinea,  vetdiea,  lentila  {enritUt,  d- 
oen^),  even  when  allowed  to  come  to  maturity, 
verp  sKppoaed  to  exerciae  an  amelioiatittg  influence, 
^«nded  their  roota  were  immediately  boned  by 
the  ^i»h,  ahhoogh  peibapa  in  this  caae  thebene- 
fieal  e£ct  may  ha^e  leanlted  firam  the  manure 
afplied  bdiBce  they  were  sown.  On  the  other 
huid,  com  in  general,  poppies,  fienogreek,  and  all 
cn^  polled  np  by  the  roota,  such  aa  doerand  flax, 
v«Te  nppoaed  to  exhanst  (arerv)  the  soil,  which 
then  leqaored  either  repoae  or  manure  to  restore  its 
pcvezB.  (TheopbrasL  IL  ♦.  A.  viiL  9 ;  Cat  37 ; 
VaiT.  L  23 ;  Cohon.  iL  12^—15,  xL  2 ;  Pallad.  I 
€.in.4,x.9;  Plin.  /f.Mxviifl,  XTiii.  10.14— 
IS.) 

3L  5bi0»^  (scx/ib) 

May  be  eonsidered  under  three  heads.  1.  The 
tiae  of  sewing.  2.  The  manner  of  sowing.  3. 
Tiie  ^oiee,  preparation,  and  quantity  of  the  seed. 
1.  The  seed-time  (semm<u)  carr*  HvCV^i  oom- 
Bsaeed  at  the  antnmnal  equinox,  and  ended  fifteen 
dara  DeCbre  the  winter  solstice.  Few,  howoTor, 
hm  belbre  the  setting  of  the  Pleiades  (23d  Oc- 
taber),  naleas  on  cold  wet  ground,  or  in  those  lo- 
calitiea  where  bad  weather  set  in  soon  ;  indeed,  it 
vas  aa  old  proirerb  that,  while  a  late  sowing  often 
dimppointed  the  hopes  of  the  husbandman,  an  early 
oae  nevo'  realised  them  {wutiuram  waiitmefn  aaepe 
4edptn  weiere^  senna  e«n>9ifaiR  qmm  mala  aU) ;  and 
the  Yiigilian  maxim  is  to  the  same  purpose.  Spring 
wwi3^  (iriaiBaiiia  tatio)  was  practised  only  in  Tory 
deep  ftiff  land,  idkieh  would  admit  of  being  cropped 
far  wTcxal  years  in  sooceasion  {rettibilu  ager),  or 
vheve,  from  pecoliar  dreumstsnces  oonnected  with 
the  wtBatkm  or  climate,  such  as  the  great  incle- 
Bk^ay  of  the  winters,  it  waa  impossible  for  the 
fanner  to  sow  in  autumn ;  and  hence,  generally 
ipeaking;,  waa  veaorted  to  Teiy  sparingly ,  and  fSnr  the 
aost  part  from  neoeaaity  rather  than  inclination. 

2.  We  can  infer  fiom  incidental  notices  in  agri- 
csltoal  writers,  that  the  seed  waa  eoramitted  to 
the  ground  in  at  least  three  different  modes. 

&  The  seed  waa  cast  upon  a  flat  fuiface  finely 


puhnriaed  by  the  pknigb  and  harrow,  tad  thca 
eorered  up  by  riblnng  the  land  (tartio  OMa  arna^ 
JACTO  axMiNB,  botmt  Uran  diamtmr).  (Varr.  i. 
29;  oomp.  Colum.  iL  13.) 

A.  The  bnd  waa  ribbed,  the  seed  was  then 
dropped  upon  the  tops  of  the  tirm  or  elevated 
ridgei,  according  to  our  flu hion  for  tumipai  hOLAM 
nutmn  nuHei  9oeaiU  eatdam  poroaa  emm  tie  ai'oftaa 
OiC,  tU  wtti^dwM  UxtiMt  ffftfunfci  lafoos-  wtadittt 
laaia/ai  eeeoiaa  ssdewi  frwmnUi»  praeftsof.  (Cohua. 
ii  4.  §  8.)  This  plan  was  fi»llow«l  on  wet  land 
to  secure  a  dry  bed  for  the  seed,  which  would 
probably  be  ooVered  up  by  haad-rakea  (nHlrie). 

0.  The  land  was  ribbed  aa  in  the  finrncr  case ; 
but  the  aeed,  instead  of  being  dropped  upon  the 
ridge  of  the  Ura^  was  cast  into  the  depiessian  of  the 
fiUTOw,  and  might  be  ooreied  np  either  hy  the  hw- 
row  or  by  plon^hu^  down  the  middle  of  the  lira. 
This  was  practised  on  l%ht,  sloping,  and  thcreiHa 
dry,  land  {mqim  m  tita  md  aiA  safao  lolfa  ^ptr 
sanMoadas  «s<,  Coium.  iL  4.  9  11). 

It  will  be  leen  clearly  that,  whichever  of  the 
above  modes  was  adopted,  the  seed  would  spring 
up  in  regnkr  rows,  as  if  lown  by  a  drill,  and  that 
only  one  half  of  the  land  woold  be  covered  with 
seed.  In  point  of  fiwt,  the  quantity  of  seed  sovm 
on  a  giren  extent  of  gtonnd  was  not  above  half  of 
what  we  employ. 

Vetches,  fenugreek,  and  some  other  ctopa,  aa 
will  be  noticed  below,  wen  frequently  ttuown 
upon  land  unprepared  (eruda  terra),  and  the  seeds 
then  ploughed  in.  The  seed  eeems  to  have  been 
cast  out  of  a  three-peck  basket  (pimodiam  mUO" 
nofli,  M.  ooriem),  which  from  superstitious  motiTcs 
was  frequently  eorered  over  with  the  skin  of  a 
hyaoui.  Pliny  points  out  how  neceasary  it  waa 
that  the  hand  of  the  sower  should  keep  time  arith 
his  stride,  in  order  that  he  might  Matter  the 
grains  with  perfect  uniformity. 

3.  The  points  chiefly  attended  to  in  the  choice 
of  seed  com  were,  that  it  should  be  perfectly  fresh 
and  free  from  mixture  or  adulteration,  and  of  an 
uniform  reddish  colour  throughout  its  substance. 
When  the  crop  was  reaped,  the  largest  and  finest 
ears  were  selected  by  the  hand,  or,  where  the 
produce  vras  so  great  as  to  render  this  impossible, 
the  heaviest  grams  were  separated  by  a  sieve 
{qmdqmd  eteUraimr  capitkrio  e»pwrgamdmm  erit) 
and  reserved.  In  addition  to  these  precautions  it 
was  not  unusual  to  doctor  seeds  of  all  sorts  {medioan 
temina)  by  sprinkling  them  with  an  alkaline 
liquor  (ndram,  i.e.  probably  carbonate  of  soda), 
or  with  the  deposit  left  by  newly  expressed  oil 
(amarea),  or  by  steeping  them  in  various  prepara- 
tions, of  which  several  are  enumerated  by  Colu- 
mella and  Pliny  ;  the  object  being  twofold,  in  the 
first  place  to  mcreose  the  quantity  and  quality  of 
the  produce,  and  in  the  second  ^ce  to  protect  it 
firom  the  ravages  of  vermin,  especially  the  little 
animal  called  eareatio,  probably  the  same  insect 
with  our  weevil. 

The  quantity  of  seed  sown  varied  according  to  the 
soil,  the  situation,  the  season,  and  the  weather,  the 
general  rule  being  that  less  aras  required  for  rich 
and  finely  pulvensed  (p«aj^  sf  jM^^)*  ot  light 
and  sharp  (^roofe),  or  thin  poor  soil  (maonoa,  ea^) 
than  for  such  as  vras  stiff  and  heavy  (orgawwa, 
cretoMun),  or  moderately  tenacious;  less  for  an 
open  field  than  for  an  oHmttitmy  less  at  the  begin- 
ning of  the  leason  than  towards  the  close  (although 
this  is  contradicted  by  Pliuy,  H.  N,  xvUL  24),  and 
X  2 


52  .AGRICULTURA. 

'leaf  iA  rainy  tlian  in  diy  weather,  maxima  which 
aie  fiilly  ezpUdned  by  the  authorities  quoted  be- 
low. The  average  amount  of  seed  used  for  the 
three  principal  species  of  grain — wheat,  spelt  and 
barley — was  respectively,  five,  ten,  and  six  modii 
per  juger.(Xenoph.  Osoon.  17;  Theophrast  u.  6.  and 
iii.  25  ;  Cat  34,  36  ;  Yair.  I  29,  34,  40,  52  ;  Co- 
luuL  iL  2,  3,  8,  9,  10,  13,  xii.  2  ;  Pallad.  i.  6,  34, 
X.  2  ;  Viig.  Gwry.  I  193,  219,  225^  Plin.  H,  N. 
xiT.  21»  xri  27,  xviiL  24, 73 ;  Geopon.  il  15 — ^20.) 

4.  Harrowing  (pooatio) 

Might  be  performed  at  two  different  periods : 
after  the  first  or  second  ploughing,  in  order  to 
powder  the  soil  completely  ;  and  aner  sowing,  in 
order  to  cover  up  the  seed.  When  the  land  was 
encumbered  with  roots  and  deep-seated  weeds,  a 
grubber  {irpM,  Cat.  10.  Vair.  L,L,  iv.  31)  formed 
of  a  strong  plank  set  with  iron  spikes  was  em- 
ployed, but  in  ordinary  cases  wicker  hurdles  (vi- 
mi$ieae  crates)^  sometimes  fitted  with  teeth  (dm- 
iaia6\  were  dragKod  over  the  ground ;  or  the  clods 
were  broken  with  hand-rakes  (rawtra).  The  seed, 
as  we  have  seen  above,  beins  for  the  most  part 
ploughed  in,  and  the  operation  for  that  reason  placed 
under  the  patronage  of  a  god  Obaraior^  the  second 
harrowing  (iteraiio)  was  omitted,  except  where  the 
surface  still  rose  in  lumps  (Virg.  Georg.  i.  104) ;  but 
since  it  was  the  duty  of  a  good  fiumer  to  have  his 
fields  in  the  best  order  before  he  began  to  sow,  the 
older  Roman  writers  considered  harrowing  after 
sowing  as  a  proof  of  bad  husbandry. — ^  Veteres 
Romani  dixerunt  male  subactum  agrcm,  qui  satis 
fimgibus  occandtts  sit.*'  (Colum.  ii  4, 13,  xl  2  ; 
Plin.  H.N.  xviii.  20  ;  Virg.  Georg.  I  94,  104.) 

5.  Hoeing  (tcariHo). 
The  next  care^  after  covering  up  the  seed,  was 
to  loosen  the  earth  round  the  roots  of  the  young 
blades,  in  order  that  air  and  moisture  mijght  gain 
free  access  and  enable  them  to  send  forth  more 
numerous  and  more  vigorous  shoots  and  fibres 
(ut  /haieare  posntU).  This  process  was  termed 
o'KoXeia,  $arritioy  or  taroulaUOf  and  was  carried 
on  by  hand  with  an  instrument  called  mtokAmi, 
the  form  of  which  is  not  known.  Com  was  usu- 
ally hoed  twice,  for  the  first  time  in  winter,  as 
soon  as  it  fiiirly  covered  the  ground  (eum  tola 
sttloo§  ootUeoBerini)^  provided  there  was  no  frost; 
and  for  the  second  tune  in  spring,  befioro  the  stalk 
became  jointed  (atUeqtiam  teget  in  artieidum  eat)  ; 
great  care  being  taken  al  all  times  not  to  injure 
the  root.  On  die  first  occasion,  and  then  only, 
where  the  ground  was  dry  and  the  situation  warm, 
the  plants,  in  addition  to  a  simple  hoeing  (plana 
9arriiio\  were  earthed  up  (adobruere).  Columella 
recommends  sarritio  for  almost  all  crops,  ex- 
cept lupines ;  but  authorities  differed  much  as  to 
the  necessity  or  propriety  of  performing  the  opera- 
tion in  any  case,  and  those  who  advocated  its  ex- 
pediency most  warmly,  agreed  that  the  periods  at 
which  it  ought  to  be  executed,  and  the  number  of 
times  that  it  onght  to  be  repeated,  must  depend 
upon  the  soil,  climate,  and  a  variety  of  special 
curcumstances.  (Cat  37 ;  Varr.  i  18,  29,  S6  ; 
Colum.  iL  11,  xi.  2 ;  Plin.  H.  N.  xviiL  21,  26  ; 
Geopon.  ii  24  ;  comp.  Plaut  OapL  iii  5.  3  ; 
Viig.  Georg.  1 155.) 

6.  Weeding  (nmoaiio). 
Hoeing  was  followed  by  weeding  (fiorca^urfUsf 


AGRICULTURA, 
runeaiio\  which  in  the  case  of  giaSn  crops  took 
place  immediately  before  they  b^;an  to  blossom, 
or  immediately  after  the  flower  hwi  passed  away. 
The  weeds  were  either  pulled  up  by  the  roou 
(evuUie  tmOilibue  Asrbw),  or  cut  over  with  a  biU- 
hook,  which  Palladius  terms  rmeo.  (Cat  37  ; 
Varr.  I  30  ;  0>lum.  ii  11,  xi  2  ;  Pallad.  i  sob. 
fin. ;  Plin.  HN.  xviii  21 ;  Geopon.  ii  24.) 

But  after  the  fiumer  had  labonred  with  unre- 
mitting seal  in  cleaning  and  pulverising  the  soil,  in 
selecting  and  medicatmg  the  seed,  in  koeiog  the 
young  blades,  and  in  extirpating  the  cammon 
noxious  weeds  (2o2ufm,  trUndiy  lappOA,  oanhd^ 
niM,  anena)y  the  safety  of  the  crop  was  threatened 
by  a  vast  number  of  assailants  (jhtm  eoruas  iUudant 
pedes) ;  such  as  worms  of  various  kinds  (tsvrmteii/t) 
attacking  both  root  and  ear,.cateipillaia  («rtoae), 
spiders  {pkalBaigia)^  snails  (^mmiom,  codUSsoe),  mice 
(mtir»«),  moles  {iaipae\  and  thn  whole  race  of 
birds,  besides  which,  each  kind  of  plant  was  be- 
lieved to  have  its  own  special  vegetable  enemy, 
which,  if  not  carefiiUy  watched,  would  firing  up, 
choke,  and  destroy  it  The  most  fonnidabie  of 
these  pests  are  enumerated  by  Pliny  {H.  N.  xviii 
1 7),  who  proposes  sundry  precantioDs  and  remedies, 
of  which  many  are  ridiculous  superstitions.  But 
the  foe  dreaded  above  all  others  in  the  vineyard 
and  the  cornfield  was  a  peculiar  blirht  or  mildew 
termed  robigo^  which  wrought  such  havoc  in  damp 
low-lying  sitnations  that  it  was  regarded  as  a  ma- 
nifestation of  wrath  on  the  port  of  a  malignant 
spirit,  whose  fovour  the  rustic  sought  to  propitiate 
by  the  annual  festival  of  the  Ro6ffaUa,     [Robi- 

OALIA.] 

Another  danger  of  an  opposite  description  arose 
finom  the  grain  shooting  up  so  npidly  that  the  stalk 
was  likely  to  become  immoderately  long  and  weak. 
The  danger  in  this  case  was  averted  by  postur- 
ing down  the  too  luxuriant  herbage  vrith  sheep 
{Iweuriem  tegetnm  tenera  depaeeU  in  keiia\  or  by 
dngging  over  it  an  iron-toothed  harrow  (firaii*  et 
hoe  genua  dentatae  etilie  /errei$\  hj  whidi  it  was 
said  to  be  combed  {peetinart).  (PIul  H.  N.  xviii 
17.  21 ;  Yirg.  Georg.  i  151.) 

7.  Ret^nng  (mestio). 

The  com  was  reaped  as  soon  as  it  had  acquired 
a  uniform  yellow  tint,  without  waiting  until  it 
had  become  dead  ripe,  in  order  to  avoid  the  loss 
sustained  by  shakmg,  and  by  the  ravages  of 
animals.  The  necessity  of  pursuing  this  course 
with  regard  to  barley,  is  especially  insisted  upon ; 
but  is  quite  at  variance  with  modem  practice. 
(Colum.  ii  9.) 

Varro  describes  three  distinct  methods  of  reap- 
ing {tria  genera  mestiomie), 

1.  That  followed  in  Umbria,  where  the  stalk 
was  shorn  dose  to  the  ground  with  a  hook  (Jain); 
each  handfol  was  laid  down ;  and  when  a  num- 
ber of  these  had  accumulated,  the  ears  were  cat 
off,  thrown  into  baskets  (eoritee)^  and  sent  to  the 
thrashing-floor,  the  strew  (atranuntmn)  being  left 
upon  the  field,  and  afterwards  gathered  into  a 
hei^ 

2.  That  foUowed  in  Pioenum,  where  ihev  used 
a  small  iron  saw  (aemda/brrea)  fixed  to  the  ex- 
tremity of  a  crooked  wooden  handle  (lianeum  t»- 
eurvmn  baHUnm)  ;  with  this  they  laid  hold  of  a 
bundle  of*  ears  which  were  cut  off,  the  strew  being 
left  standing  to  be  mown  subsequently. 

3.  That  fioUowed  in  the  vidnity  of  Rome  and 


AGRICULTUaA. 

plneea,  wkoe  tlie  stalks  wen  \ 
kandasi 


k  tbe  kA  band  and  cat  at  balf  their  height  fron 
the  gnond,  the  whole  of  the  poctioa  detached 
heii^  caiiTejed  in.  haskets  to  the  thiashing-floor, 
ad  the  part  left  standing  heing  cat  afterwards. 

The  hat  tiro  methods  only  are  partkufaal j  no- 
tie^  hj  Coiamdia,  who  deacribea  the  instraments 
cmfieyed  in  the  aeecnd  under  the  names  of  ^MflfMwt 
aad  wnwyi  ijug  *  J  {wudH  sMfyMi  ocn  ptctimwMt 
^ieam  yiaaia  l^gmmt^ ;  and  thoae  enipi<rfcd  in  the 
tkird  ^fdem  iwriLaftifaa  {jtuOti  fakSbm  wnWrttfi, 
dAaw  atf  wf  fvefraCit  oat  dsMCieBialit  iworfiimfi  coImhii 
annO  »  ^  aeries  of  terms  which  hsTS  never  heen 
Toj  Batiabctarily  fxplainfid.  In  addition  to  the 
ab^  Pliaj-  and  Palladins  describe  a  leaping- 
■aeyoe  woriced  by  oxeii|  which  waa  nrach  nt^ 
m  tbe  extenaiTe  leviel  plains  of  the  Oanls.  Viigil 
{Gtar$.  L  316),  pfrhafw^  aDodea  to  binding  np  the 
cm  in  theKb;  but  his  words  are  not  lo  dear 
apcB  thk  pont  aa  thoae  of  Homer  in  the  chann- 
Bg  picture  of  m  harrest-field  contained  in  the 
^keenth  boA  of  tlie  iZiaf .  (Vair.i  60;  Colum. 
E  ^;  PluL^.M  xriiL  30 ;  PaUad.TiL2 ;  Oeopon. 
n.  25;  eoanpL  Horn.  i2L  ad.  67»  zriii.  550.) 


After 


AORICULTURA. 


53 


»  aato 


8L  TkroOiu^  {pritm^. 

the  crop  had  been  properly  dried  and 

(temg^beia)  by  expoaure  to  the  son,  it 

-  to  the  thiaahmg^floor  (jUms,  dAari^ 

().     Tfaia  waa  an  open  space,  on  some 

\  over  whidi  the  wind  had  fiee  coarse, 

inm,  slightly  nised  in  the  centre  to 

to  ran  a£    The  earth  was  com* 

\rj  heavy  nllen  (^roei  e^tuidxo^  malari 

pounded  with  rammen  {pamemU9\  and 

to  a  solid  conaistcncy  with  cfaty  and  cha^ 


ypttfcd  with  hard  stonec  Here  the  corn 
vm  spseod  out  and  beaten  with  flails  (baad»$  mfm- 
iere^/iuiSkmemdtnjptrtkuJIaffeUan);  or  more  com- 
maBly«esBept  when  the  eanakne  had  been  breoght 
frms  dm  field,  trodden  oat  (eafarvre)  by  the  feet 
•f  a  nnmher  of  men  or  hones,  who  were  driven 
hackwcods  and  Ibrwards  within  the  ring.  To  pro- 
dace  tfe  cftd  more  easily  and  more  perfectly,  the 
:  freqamtly  yoked  to  a  machine  {iribn- 
taAso,  tnka\  coosiatmg  of  a  hoard 
i  loaah  by  atladui^  to  it  .stones  or  pieces  of 
and  loaded  with  some  heavy  weight ;  or,  what 
termed  a  Panic  wain  {phrieUum  Poematm) 
employod,  being  a  set  of  toothed  roUers 
rod  wxth  planks,  on  which  saft  the  driter  who 
gsded  the  team. 

Attoched  to  the  area  was  a  huge  shed  or  half- 
cndosed  bam  (aaWtw  laiaiX  of  safficient  dimensions 
t»  coBtain  the  whole  cropw  Here  the  com  was 
dried  in  nafiivaaEBhIe  seasons  before  being  tluashed, 
sad  hitfaor  it  waa  horriedly  conveyed  for  shelter 
when  the  harreat  work  was  intempted  by  any 
saddm  stonn.  (C^  dl,  129;  Yarn  L  13,  6^  52$ 
Cdam.  i  6;  ii  19;  Palbd.  I  86,  viii  1 ;  Plin.  H, 
M  xriii  29»  30  ;  Horn. /A  xiii.  588 ;  XX.  495 ;  xzi. 
77;  \kg.  Omrg.  i  178f  Geopon.  il  26.) 

9.  Wummtiag  fymlUath), 

Whoi  the  grain  was  mixed  with  chaff,  it  was 
bid  dawn  in  small  piles  upon  the  area,  in  otder 
that  the  fighter  partides  might  be  borne  away  by 
the  paisng  breere ;  hot  when  the  wind  was  not 
mfioeady  strei^,  it  became  ncccsmry  to  winnow 
(nmtiorv)  it     This  was  effected  by  a  kbomer 


(Aiiif/Hrdjp,  vmUUdor)  who  tossed  it  im  from  a 
sieve  (ramnis,  otyi'tiwn'asi)  or  shovel  (vv^or. 


/ofiraai),  when  Uie  heavy  portion  fdl  down  in  a 
heap,  and  the  chaff  floated  off  thnmgh  the  air. 
When  it  was  intended  to  keep  the  corn  for  any 
length  of  time,  it  was  common  to  repeat  the  pro- 
cem  (npttr^oTB,  n^po^),  that  it  might  be  tho- 
looghly  cleaned.  (Vair.  i  52;  Colom.  ii.  9.  20 ; 
comp.  Horn.  IL  v.  499;  xiii  588L) 

10.  iVewrmitioB  <fOmm  {deft  aiioafa  ssrwdb). 

After  the  corn  had  been  thrashed  ont  and  win- 
nowed, or  at  least  the  ean  sepamted  Cram  the  stalk, 
the  next  care  wss  to  store  np  (ooaJere)  the  grain  in 
fitting  repositories  (^ranarta,  Aorres).  The  great 
object  in  view  bemg  to  preserve  it  from  becoming 
monldy  or  rotten,  and  to  protect  it  from  the  lavages 
of  vermin,  eqwdally  the  weevil  {cmadio\  we  find 
that  very  great  diversity  of  opinion  existed  aa  to 
the  means  by  which  those  ends  might  best  be  at- 
tained.  By  some  the  stors-honses  were  boilt  with 
brick  walls  of  great  thickness,  for  the  paipose,  it 
would  seem,  of  secnring  a  uniform  tcmpenton, 
and  had  no  window  or  apertnre,  except  a  hole  in 
the  roo^  throogh  which  Uiey  were  filled.  Others, 
again,  raised  these  strnctures  aloft  on  wooden 
colnnms,  and  allowed  currents  of  air  to  nass 
through  on  all  sides  and  even  from  below ;  wnile 
others  admitted  particular  winds  only,  such,  namely, 
as  were  of  a  drying  character.  Many  plastered 
the  walls  with  a  sort  of  hard  stucco  worked  up 
with  amurca,  which  was  bdieved  to  act  as  a  safe- 
guard against  vermin,  while  others  considered  the 
use  of  liine  under  any  form  as  decidedly  injurious. 
These  and  many  different  opinions,  together  with 
receipts  for  various  preparations  wherewith  to 
sprinkle  the  corn,  will  be  found  detailed  in  the 
authorities  cited  below,  among  whom  Pliny  veiy 
sensibly  observes  that  the  principal  consideration 
ought  to  he  the  condition  of  the  grsin  itself  when 
housed ;  smce,  if  not  perfectly  dry,  it  must  of  ne- 
cessity breed  mischiel  In  many  countries,  as  in 
Thrace,  Gappadoeia,  Spain,  and  Africa,  the  com 
was  hud  up  in  piu  {mbOma)  sunk  m  a  perfectly 
dry  soil  and  well  lined  with  chaff,  a  practice  now 
extensively  adopted  m  Tuscany.  Wheat  in  the 
ear  {mm  tpiea  sua)  might,  according  to  Vairo,  if 
the  air  Was  excluded,  be  preserved  m  such  reoep- 
tades  for  fifty  years,  and  millet  for  an  hundrdL 
(Cat  92;  Varr.  I  57;  Colum.  16;  Pallad.  i.  19; 
Plin.  H,  J\r.  xviii  30 ;  Qeopon.  ii.  27—31.) 

IV.  Crops. 

CropO)  as  already  remarked,  may  be  divided 
into  foot  classes : — 1.  Grain  or  com  crops.  2.  Legu- 
minous crops,  or  pulse.  3.  Crops  cut  green  for  forage. 
4.  Crops  which  supplied  the  raw  materials  for  the 
textile  febrics.  We  might  extend  the  number 
of  classes  did  we  purpose  to  treat  of  certain  plants, 
such  as  poppies  {papacera)  and  sesctaum,  raised 
to  a  small  extent  only,  and  confined  to  particular 
localities  ;  but  our  limits  do  not  permit  us  to  em- 
brace so  wide  a  field  of  inquiry. 

In  addition  to  the  above,  much  attenUon  was 
devoted  to  what  may  be  termed  secondary  crops ; 
those,  namely,  which  did  not  afford  directly  food 
or  clothing  for  man  or  beast,  but  Which  were  re- 
quired in  order  to  filcilitate  the  cultivation  and 
collection  of  the  primary  crops.  Tliua»  beds  of 
willows  (nlida)  for  baskets  and  withes,  and  of 
B  3 


54 


AGRICULTURA. 


reeds  (armidmeta)  for  vine-props,  were  fireqaently  in 
fiiTourable  situations  yery  profitable,  just  as  land 
in  certain  districts  of  Kent  yields  a  large  retnm 
when  planted  with  yonng  chestnuts  for  hop-poles. 

1.  Com  Crops  (JrumaUa), 

The  word  applied  in  a  general  sense  to  denote 
what  we  now  call  "  the  cereal  grasses  "  was  Jht- 
menta;  but  of  these  wheat  being  by  fat  the  most 
important,  it  is  not  wonderful  that  the  term  in 
question  should  be  employed  frequently  to  denote 
wheat  specially,  and  occasionally  in  such  a  manner 
as  to  exclude  other  kinds  of  grain,  as  when  Pliny 
remarks,  **  calamus  altior  frumento  quam  hordeo,^* 
meaning  ^  in  wheat  the  stalk  is  longer  than  in 
barley/*  The  only  frumenta  which  it  will  be 
necessary  for  us  to  consider  particularly  in  this 
place  are  — 

a.  Tritician  and  Far;  6.  Hordeufn;  c.  Panicum 
and  Milium, 

a.  Tritiemn  and  Far.  No  one  entertains  any 
doubt  that  iriticum  {vvphs  in  Greek,  and  by  the 
later  writers  a7roi)  is  the  generic  name  for  the 
grain  which  we  denominate  wheat ;  but  when  we 
proceed  to  examine  the  different  species  or  varieties, 
we  are  involved  in  many  difficulties,  for  the 
botanical  descriptions  transmitted  to  us  by  the 
ancients  are  in  all  cases  so  imperfect,  and  in 
many  instances  so  directly  at  variance  with  each 
other,  that  it  becomes  almost  impossible  to  identify 
with  certainty  the  objects  to  which  they  refer,  witn 
those  fiuniliar  to  ourselves.  CoIumelU  (ii.  6 ;  comp. 
Dioscorid.  ii.  107  ;  Theophr.  H,  P,  viii.  1.  4X  who 
attempts  a  systematic  classification,  assigns  the  first 
place  among  ^  fhunenta'*  to  Tritioum  and  Semen 
odoreum,  each  of  which  contained  se^  eral  species  or 
varieties.  Among  many  different  kinds  of  triticum 
he  deems  the  following  only  deser\ing  of  particular 
notice :  — 

1.  RcbtUy  possessing  superior  weight  and  bril- 
liaucy  {nUor), 

2.  ^iligo,  very  white,  but  deficient  in  weight 
(Colum.  iL  9,  §  13  ;  Plin,  H,N,  xviu.  8.) 

3.  Trimestn  (rpifiriyicuos  s.  rplfifivos\  a  sort  of 
siligo,  receiving  its  name  firom  lying  three  months 
only  in  the  ground,  being  spring-sown.  We  find 
this  kind  sometimes  denominated  Sifiriyos  also, 
since  in  very  warm  situations  it  came  to  maturity 
in  two  months  after  it  was  sown. 

Among  the  different  kinds  of  Semen  adoreum^ 
the  following  are  particularly  noticed :  — 

1.  Far  CUtiinum^  distinguished  by  its  whiteness. 

2.  Far  vemiculum  rutUum,   1  Both  heavier  than 
^,  Farvenucidumcandidum.f     the  Cbmimm, 

4.  HaUoattrum  or  Semen  inmettn,  very  heavy 
and  of  fine  quality.  Here  we  must  remark  that 
although  robuM^  siUgo^  and  irimettre  are  set  down  as 
particiUar  species  or  varieties  of  the  more  general 
term  triiicumy  which  is  used  in  contradistinction  to 
aernen  adorettm^  it  is  much  more  usual  to  find  iriti- 
cum used  in  a  restricted  sense  to  denote  ordinary 
winter  wheat,  in  opposition  to  both  siligo  and  ado- 
rettm,  and  hence  Pliny  declares  that  the  most  com- 
mon kinds  of  grain  were  ^Far^  called  adoreum  by 
the  ancients,  siligo^  and  triiicttm,^ 

Now,  with  regard  to  the  three  kinds  of  trittcum 
enumerated  above,  we  shall  have  little  difficulty  in 
deciding  that  they  were  not  distinct  species,  but 
merely  varieties  of  the  same  species  ;  for  we  are 
assured  by  Columella  (iu  9),  that  triticum,  when 
«own  iu  wet  knd,  passed  m  the  course  of  three 


AGRICULTURA. 

years  into  siUgo,  and  by  Pliny  (xviu.  8)  that  mligo^ 
in  most  parts  of  Gaul,  passed,  at  the  end  of  two 
years,  iaXjoiriiieum;  agam.  Columella,  in  describiiig 
trimutrty  admits  (although  contradicted  by  Plin. 
/f.  N,  xviii.  7)  that  it  is  a  variety  of  a%o,  while 
modem  experience  teaches  us  that  winter  and  spring 
wheats  are  convertible  by  subjecting  them  to  pecu- 
liar modes  of  cultivation.  Hence  we  amdade  that 
rolms  and  sHigo  were  varieties  of  what  is  now- 
termed  by  botanists  Tritiatm  h/bemtmiy  and  that 
trimestre  was  a  variety  of  our  Tritkam  ctestivum, 
which  is  itself  a  variety  of  the  hybemum. 

The  question  with  regard  to  Far,  Ador^  Semen 
adoreum.  Semen,  Adoreum,  names  used  indifferently 
by  the  Latin  writers,  does  not  admit  of  such  an 
easy  solution.    But  after  a  careful  examination 
of  the  munerous,  vague,  perplexing,  and  oontiadic- 
toiy  statements  scattered  over  the  classics^  the  dis- 
cussion of  which  separately  would  ftr  exceed  our 
limits,  we  may  with  considerable  confidence  decide 
that /ar  was  a  variety  of  the  Greek  {4a  or  C^Ut,  and 
of  the  modem   TriUcam  spelta,  if  not  absolutely 
identical  with  one  or  both.    Spelt,  which  is  fully 
recognised  by  botanists  as  a  distinct  species  of  triti« 
cum,  is  much  more  liardy  than  common  wheat,  suc- 
ceecUng  well  in  high  exposed  situations  where  the 
hitter  would  not  ripen,  and  its  chaff  adheres  with 
singular  firmness  to  the  grain,  both  of  which  cir- 
cumstances were  prominent  characteristics  of  /ar. 
(Colum.  iL  8  ;  PUn.  H.N.  xviiL  7,  8,  30.)     In- 
deed, it  was  found  impossible  to  get  rid  of  the  thick 
double  case  in  which  it  was  enaoaed,  by  the  ordi- 
nary modes  of  thrashing ;  therefore  it  was  stored 
up  with  the  chaff  attached  (ixmeenU  onm  palea  sua 
condi  et  sUpula  tantitni  et  arisHs  Uberatttr);  and 
when  used  as  food  it  was  neoesaaxy  to  pound  it  in  a 
mortar,  or  mb  it  in  a  mill  of  a  peculiar  oonstmctioo, 
in  order  to  separate  the  tenacious  husks — a  process 
altogether  distinct  fiwm  grinding,  and  indicated  by 
the  words /WMsrs,  pistura,  pisiores,     (Cat  2  ;  Plin. 
H.  N.  xviii.  1 0.)  The  idea  entertained  by  some  com- 
mentators, that  the  distinction  between  triticum  and 
far  consisted  in  the  circumstance  that  the  latter  was 
awned  while  the  former  was  beardless,   is  alto- 
gether untenaUe ;  for  not  only  does  Pliny  say  ex- 
pressly in  one  passage  (xviii.  10),  far  sine  arista 
est,  and  in  another  (xviii  30),  as  distinctly  that  far 
had  aristaej  but  it  is  perfectly  dear  fivm  Vairo 
(l  48 ;  compare  Plin.  H.  N.  xviii  7),  that  ordinary 
triticum  had  a  beard,  and  from  Pliny  that  siligo 
was  generally,  although  not  unifiomily,  without 
one  —  a  series  of  assertions  whose  contradictory 
nature  need  occasion  no  suiprise,  since  it  is  now 
well  known  that  this,  like  colour,  is  a  point  which 
does  not  amonnt  to  specific  difikenoe,  for  white, 
red,  awned,  and  beardless  wheats  are  found  to 
change  and  run  into  each  other,  according  to  soil, 
climate,  and  mode  of  culture.    Another  fiict  noticed 
by  Pliny,  to  which,  if  conrect,  botanists  seem  not 
to  have  given  due  attention,  is,  that  triHeum  had 
four  joints  in  its  stalk,yar  six,  and  barley  eight. 

AU  agree  that  triticum  (we  shall  use  the  word 
hereafter  in  the  restricted  sense  of  common  winter* 
wheat)  succeeded  best  in  dry,  slightly  elevated, 
open  ground,  where  the  /ull  ii^nence  of  the  sun^s 
rays  was  not  impeded  by  trees,  while  siligo  and  far 
were  well  adapted  for  low  damp  situations  and  stiff 
clayey  soils  (Cato  34,  35 ;  Varr.  i  9 ;  Colum.  iL  6; 
Plm.  xviii  8).  The  sowing  of  winter  wheat  (satio 
autumnaUs)  whether  triticum,  siligo,  or  adoreum, 
commenced  for  the  most  part,  according  to  the 


AGRICULTURAL 

TajpEn  pncept,  after  the  moniiiig  setting  of  the 
Pl^idei,  tliBt  ii,  by  the  Roman  calendar  (ix.  KaL 
Not.),  after  the  24th  of  October,  and  was  alwayi 
CMdaded  before  the  9th  of  December,  it  being  a 
■azira  strietljT  observed  among  prodent  husband- 
sea  to  abstain  from  all  field  work  lisr  fifteen  days 
lefere^  nd  fifteen  days  after  the  winter  solstice, 
la  vet  or  l%ht  aoila,  how^rer,  and  in  all  ez- 
poied  Htoationa,  where  it  was  important  that  the 
nofti  ihoaM  have  a  firm  hold  of  the  groond  before 
the  lams  sad  frosts  set  in,  the  sowing  was  fre- 
^endy  eompletod  by  the  end  of  September. 

Spnif  sowmg  (jioAio  trimettrU)  was  practised 

adj  wken  the  frimer  had  been  preventai  by  ao- 

cidalsl  drnmutancea  from  completing  his  work  in 

autsan;  or  in  those  localities  where,  from  the  ex- 

aoDo  eoid  snd  heavy  snows,  it  was  feared  tbat  the 

Tnag  bhdes  wonld  be  destroyed  in  winter ;  or 

&aDT,  where,  from  the  depth  and  sdffiiess  of  the 

ttu^  Cenmhtdimi\  it  might  be  cropped  repeatedly 

vitbrat  a  frUow.     In  evoy  case  it  was  considered 

adriakble  to  throw  the  seed  as  soon  as  the  weather 

weald  pemit,  that  is,  in  ordinary  seesona,  early  in 

Maidu    Tht  qnandty  of  seed  leqnired  was  from 

l4ir  to  iiz  modii  of  trUiemM  or  mlipo  to  the  juger 

•coQidiDf  as  the  soil  was  rich  or  poor ;  and  fimn 

li&e  to  tan  modii  of  fiw.     To  anderstand  this  dif- 

'^coce,  we  must  recollect  that  the  frr  was  stored 

cpaed  wwn oDtin  tta  thick  husks ;  and,  therefore, 

vsold  oeeapy  abnoat  twice  as  mnch  space  as  when 

c'iOBed  like  the  triticmn.    The  various  operations 

yafecmed  upon  the  above  qoantity  of  seed  before 

k  coold  be  bnii^ght  to  the  thzashii^-floor,  required 

tai  dan  sad  a  half  of  watk. — Four  for  the  plough- 

BSD  (Mofaif ) ;  one  for  the  hairower  (peecUor) ; 

tbee  &r  tbe  hoer  (sorrrfor),  two  days  on  the  first 

occanoBySadone  on  the  second ;  one  for  the  weeder 

(naosfcr) ;  one  and  a  half  for  the  reaper  {metmr), 

Tbe  finest  Italian  wheat  weighed  firoro  twenty- 

^  to  twenty<4iz  poonds  the  modius,  which  cor- 

Rtpoods  to  upwards  of  seventy  English  poonds 

AToirdnpois  to  the  imperial  bushel,  the  Roman 

pofid  being  veiy  neariy  11*8  o&  avoird.,  and  the 

vgJUm  -99119  of  an  imperial  peek.     The  lightest 

^M  tlist  brought  firom  Gaol  and  firom  the  Cheiso- 

ficK.    It  did  not  weigh  more  than  twenty  pounds 

tbe  nodiia.    Imermediate  were  the  Sardmian,  the 

Alnaadrian,  the  Sicilian,  the  Boeotian,  and  the 

Afriesn,  the  two  last  approaching  most  nearly  in 

anOeace  to  the  Italian. 

The  proportion  which  the  produce  bore  to  the 
■od  lowa  varied,  when  Cicero  and  Varro  wrote, 
» ths  richest  and  most  h^hly  cultivated  districts 
of  Sdly  and  Italy  from  8  to  10  for  1  ;  16  for  1 
*u  Raided  as  an  extraordinary  crop  obtained  in 
a  frv  UgUy  fo,voured  spots  only,  while  in  the  age 
■f  CohaeOa,  when  agriculture  had  fidlen  into 
^7t  the  avenge  return  was  less  than  4  for  I. 
Wrn  ef  Egvpt,  the  region  of  Bymcmm  in  Africa, 
tike  aeighbouThood  of  Ooada  in  Syria,  and  the 
^^nitorf  of  Sybaris  were  said  to  render  a  hundred 
V  etcn  a  handled  and  fifty  fold  ;  but  these  ac- 
cents were  in  all  likelihood  greatly  exaggerated. 
(Oe.  n  Verr,  iii  47  ;  Vair.  L  44  ;  Colum.  iii.  3. 
|4-,P&Lir.Mxviii.21.) 

Ar  is  vnifonnly  represented  as  having  been  the 
&it  species  of  grain  ever  cultivated  in  Italy,  and 
*•  BBea  wss  emplojed  exchisively  in  relinous  cere- 
B<nics.  Hence  also/brma  became  the  generic 
l^nB  for  flogr  or  meal  vrfaether  derived  from  for, 
^  tiitieani,  or  from  any  other  oereaL    Thus  we 


AGRICULTURA 


65 


read  of  ir&i6M  farina^  sU^inea  /armt^  iordeaeea 
/arma,  even  avenaoea/anna  (Plin.  H.  N,  xviii.  9, 
XX.  1 3,  xzii.  25).  In  the  expressions^  tnticeum^ 
far  ho^rdauoeMm  found  in  Columella  (viiL  5,  1  l),yar 
is  evidently  used  fory^trmo,  and  we  shall  see 
that  even  siUpo  is  in  like  manner  used  to  denote,  not 
only  the  solid  grain,  but  the  flour  produced  by 
grinding  it  This  being  premised,  we  may  pro- 
ceed to  examine  the  meamng  of  the  terms />o^, 
mmiloffo  s.  rimila^  eibarntm,  sUj^o^Jloa,  aUea^  amy- 
lunij  ffraneoy  &c,  several  of  which  have  never  been 
dearly  explained.  Here  again  we  can  give  the  re- 
sult only  of  an  investigation,  in  the  course  of  which 
we  are  obliged  to  thread  our  viray  through  state- 
ments at  once  obscure  and  irreconcilable.  Regard- 
ing iritieum  and  siligo  as  two  well  distinguished 
varieties  of  wheat,  their  products  when  ground 
were  thus  classed  by  millers :  — 

From  triticum, 

1.  PoUenj  the  finest  flour  dust,  double  dressed. 

2.  Simiia^  or  Similtigo,  the  best  first  flour. 

3.  dharimn  sseioM^antfm,  second  flour. 

4.  Fur/hnSj  bran. 

From  siligo, 

1.  Siiigo^  the  finest  double-dressed  flour,  used 
exclusively  for  pastiy  and  fancy  bread. 

2.  floe  (mligmi$),  first  flour. 

8.  dbaruim  teamdariymj  second  flour. 

4.  Jf^rfitreMf  bran. 

It  would  appear  that  Celsus  (ii.  18),  consider- 
ing wheat  generally  as  triticum,  called  the  finest 
and  purest  flour  sUiffo  ;  ordinary  flour,  rimila  ;  the 
whole  produce  of  the  grain,  bran,  and  flour  mixed 
together,  cArirvpos.  (Plm.  //.  N.  xviil  8,  9, 
10,11.) 

AUca  is  placed  by  Pliny  among  the  different 
kinds  of  com  (xviii,  7),  and  is  probably  the  same 
with  the  Halwastrum,  Alicaatrumj  or  spring-sown 
/inr  of  Columella.  But  alioa  is  also  used  to  denote, 
not  only  the  gnun,  but  a  particular  preparation  of 
it,  most  clearly  described  in  another  passage  of 
Pliny  (xviii.  11).  The  finest  was  znade  from 
Campanian  zea,  which  was  first  rubbed  in  a  wooden 
mortar  to  remove  the  husk,  and  then  (erctums 
itmieit)  the  pure  grain  (nwdaia  medvUa)  was 
pounded.  In  this  manner  thrt»  sorts  were  pro- 
duced and  classed  according  to  their  fineness,  the 
minimum,  the  tecundarium,  and  the  coarsest  or 
aphaerTtnoy  and  each  was  mixed  with  a  kind  of  fine 
white  chalk,  found  between  N^les  and  Puteoli, 
which  became  intimately  amalgamated  with  it 
(tranta  M  oofTMiff,  eoloremque  et  ieneritcUem  q^hrt). 
This  compound  was  the  principle  ingredient  in  a 
sort  of  porridge  also  called  aUaiy  while  alioarius^ 
signifying  properly  one  who  pounded  alica,  fire- 
quently  denotes  a  miller  in  general.  (Plin.  If.  M 
xviiL  7,  11,  29,  xxil  25  ;  Cat  76  ;  Cela.  vi  6  ; 
Mart  ii.  37,  xiii.  6  ;  Geopon.  iiL  7.) 

Amylum  is  stareh,  and  the  modes  of  preparing 
it  are  described  by  Cato  (87),  and  Pliny  {H.  N. 
xviil  7). 

Cfranea  was  wheat,  not  ground,  but  merely 
divested  of  its  husk,  and  made  into  a  sort  of  por- 
ridge by  boiling  it  in  water  and  then  adding  milk. 
(Cat  86.) 

b.  Hordeum   s.   Ordewn  {icptBri ;  Kps  Hom.). 

Next  in  importance  to  ir'Uieum  and  adoreuniy  was 

kordmim  or  barley,  which  was  a  more  appropriate 

food  for  the  lower  animals  than  wheat,  was  better 

B  4 


M 


AGRICULTURA. 


for  man  -whea  made  into  pclmta  than  wheat  of  an 
indifferent  quality,  and  furnished  excellent  straw 
and  chaff  {stramenium^  palea). 

The  species  most  generally  cultivated,  termed 
heaeattkkum  or  oouUkerinum^  was,  we  can  scarcely 
doubt,  identical  with  what  we  now  call  bear  or 
bigg,  the  Hordeum  heacatiuAon  or  six-rowed 
barley  of  botanists.  It  was  sown  after  the  vernal 
equinox  (hence  called  rpi/t^j^,  Theophr.  H.  P, 
viii.  1),  upon  land  that  had  been  twice  ploughed, 
at  the  rate  of  five  modii  to  the  juger ;  succeeded 
best  in  a  dry,  loose,  rich  soil ;  and  being  an  ex- 
hausting crop,  the  land  from  which  it  had  been 
reaped  was  summer  followed,  or  recruited  by  ma- 
nure. It  was  cut  as  soon  as  it  was  ripe  ;  for  the 
stalk  being  brittle,  was  liable  to  be  beaten  down  ; 
and  the  grain  not  being  enclosed  in  an  outer  husk, 
was  easily  shaken. 

Another  species,  termed  GalaHcmn  or  duti- 
Mttm,  the  same  apparently  with  the  modem  HoT' 
deum  vu^fan,  or  with  Uie  'Hordeum  ditUclnim, 
varieties  of  the  common  two-rowed  barley,  was 
remarkable  for  its  weight  and  whiteness,  and  an- 
swered well  for  mixing  with  wheaten  flour  in 
baking  bread  for  slaves.  It  was  sown  in  autumn, 
winter  or  early  spring,  at  the  rate  of  six  modii  to 
the  juger.  Five  modii  of  seed  hordeum  required 
six  days  and  a  half  of  labour  to  bring  it  to  the 
thrashing-floor ;  viz.  ploughing  three  days,  harrow- 
ing {ocoaUnia  opera)  one,  hoeing  (earrUoria)  one 
and-a-hal^  reaping  {me»9oria).oxi6. 

Pliny  speaks  of  hordeum  as  the  lightest  of  all 
frnmenta,  weighing  only  15  pounds  to  the  modius 
(Roman  poundHil  1*8  oz.  avoird.).  In  mild  cli- 
mates it  might  be  sown  early  in  autumn.  (Theophr. 
H,  P.  viii.  1  ;  Cat  35  ;  Varr.  L  34  ;  Colum.  ii. 
9.  §§  14, 15, 16  ;  Virg.  Georg,  i.  210  ;  Plin.  H,  N. 
xviii  7,  10  ;  Oeopon.  iL  14.) 

c.  Pctnicum  and  MiUum  are  comihonly  spoken  of 
together,  as  if  they  were  only  varieties  of  tne  same 
grain.  The  first  is  in  all  probability  the  Panicum 
mUiaeemn  or  common  miUet  of  botanists,  the 
ikviios  or  fUkivri  of  the  Greeks  ;  the  second  is 
perhaps  the  Setaria  ItaUoa  or  Italian  millet,  which 
corresponds  to  the  description  of  leiyxpos  ;  while  the 
species  noticed  by  Pliny  as  having  been  brought 
from  India  less  Uian  ten  years  before  the  period 
when  he  wrote  is,  we  can  scarcely  doubt,  the 
Sorghum  vulgare,  or  Durra  of  the  Arabs. 

Panicum  and  milium  were  sown  in  spring 
(Virg.  Georg,  L  216),  towards  the  end  of  March, 
at  the  rate  of  four  sextarii  (pints)  only  to  the 
juger,  but  they  required  repeated  hoeing  and 
weeding  to  keep  them  clean.  They  succeeded  well 
in  light  loose  soil,  even  on  sand  if  well  irrigated  ; 
and  as  soon  as  the  ears  were  fairly  formed,  they 
were  gathered  by  the  hand,  hung  up  to  dry  in  the 
sun,  and  in  this  state  would  keep  for  a  longer 
period  than  any  other  grain.  Milium  was  baked 
into  bread  or  cakes,  very  palatable  when  eaten 
hot ;  and  both  panicum  and  milium  made  good 
porridge  (puU).  Although  not  much  used  by  the 
population  of  Italy,  except  perhaps  in  Campania, 
they  formed  a  most  important  article  of  food  in 
the  Gauls,  in  Pontus,  in  Sarmatia,  and  in  Ethio> 
pia.  (Cat  6  ;  Colum.  ii.  9.  §  17  ;  Plin.  H,  N, 
xviii.  7,  10,  26  ;  Pollad.  iv.  3  ;  Geopon.  ii.  38  ; 
Theophr.  n.  *,  A  il  17,  /T.  P,  viiL  3  ;  Dioecor. 
u.  119.) 

Seoale,  rye,  the  Secale  eereale  of  botanists,  is  not 
mentioned  by  any  of  the  Greek  writers  unless  it 


.  AGRICULTURA. 
be  the  0pl(a  described  by  Galen  (De  Ahmmt. 
FaadU  i.  2)  as  cultivated  in  Thrace  anid  Macedonia 
(but  this,  in  all  probability,  was  a  coarse  variety  of 
spelt),  nor  by  Cato,  Vairo,  Columella,  nor  Palla- 
dius.  Pliny  alone  {H,  N.  xviii.  40)  speaks  of  it, 
and  in  the  following  terms : — **  Secale  Taurini  aub 
Alpibus  Aeiam  vocant,  deterrimum,  et  tantum  ad 
arcendam  fiunem :  foecunda  sed  giadli  stipola, 
nigritia  triste,  sed  pondere  praecipuum.  Adniia- 
oetur  huic  for  ut  mitiget  amaritudinem  ejus  ;  et 
tamen  sic  qnoque  ingratistimum  ventri  est  Nas- 
citur  qualicunque  solo  cum  centesimo  giano,  ip- 
sumque  pro  laetamine  est**  In  the  previoos 
chapter  he  makes  it  identical  with  faarrogo^  that 
is,  com  sown  for  the  purpose  of  being  cut  green  as 
fodder.     See  remarks  upon  Farrago  below. 

Aroma,  the  oat  (fi^iuis  s.  fip&fMs,  Theophr. 
H.  P.  viii.  4  ;  Dioaoorid.  iL  16),  the  Avena  mxtiva 
of  botanists,  need  scarcely  be  noticed  in  thia  place 
since  it  cannot  be  raised  as  a  grain  with  any  ad- 
vantage in  a  climate  so  warm  as  that  of  Greece  or 
of  Italy.  ColumeUa(ii.lO.  §9)aadPliny  (^.iV: 
xviii.  42,  Avena  Graeoa)  recommended  that  it 
should  be  sown  for  green  fodder,  and  the  latter 
remarks  that  it  became  a  sort  of  com  {JrnmenHJit 
instar)  in  Germany,  where  it  formed  a  regular 
crop,  and  where  oatmeal  porridge  was  a  national 
dish  (neque  alia  puUe  vivani,  H.  N,  xviii.  44. 
§  1.  comp.  iv.  27,  vL  35).  In  another  passage 
{H,  N.  xxii.  68)  the  same  author  prescribes  oat- 
meal {<»venaeea /ari$ta)  steeped  in  vinegar  as  a 
remedy  for  spots  on  Uie  skin.  The  Avena  con- 
demned as  a  troublesome  weed  by  Cato  {H.  B, 
xxxviL  §  5)  and  Virgil  (tterilet  anenae,  G.  i.  154) 
is,  probably,  the  Avena  fatua  of  botanists,  al- 
though Pliny  (H,  N,  xviii.  44.  §  1)  makes  no  dis- 
tinction between  this  and  die  cultivated  kind. 

Other  cereals  we  may  dismiss  very  briefly. 

Oryasa  (ifnf(a,  6pv(or),  rice,  was  imported  from 
the  East,  and  was  much  esteemed  for  making  gmel 
(nfiKNia). 

Zea  {(40,  (^la),  Olyra  («Xupo),  7^^  (rUpv), 
and  Arinca,  of  which  the  first  two  are  named  by 
Homer,  must  be  regarded  as  varieties  of  the  TYiti- 
eum  Spdia  or  Far  (Herod,  ii.  36 ;  Theophr.  H.  P. 
iL  5,  viiL  9 ;  Dioscorid.  iL  110  ;  Galen,  de  Ali- 
ment. FacfdU  L  2,  13).  The  statements  found  in 
the  eighteenth  book  of  Pliny^s  Natural  History  in 
reference  to  these  four  are  altogether  unintelligible 
when  compared  with  each  o&er.  He  evidently 
copied,  as  was  too  often  his  custom,  fimn  a  num- 
ber of  discordant  authorities  without  attempting 
to  reconcile  or  thinking  it  necessary  to  point  out 
their  contradictions.  In  one  place  (xviiL  20.  §  4) 
he  says  distinctly  that  Arinoa  is  the  Olyra  of 
Homer,  and  in  another  he  seems  to  say  (xviiL  1 1) 
that  Olyia  in  Egypt  became  Far  {far  in  JEgypto 
ex  olgra  ootvficUur).  Now  we  know  from  Hero- 
dotus (ii.  36)  that  in  his  time  Olyra  and  Zea  were 
considered  synonymous,  and  that  these  exclusively 
were  cultivated  by  the  Eoyptians.  Hence  we 
shall  be  led  to  conclude  that  the  wheat  which 
has  been  raised  recently  firom  the  seeds  discovered 
in  the  mummy  cases  is  in  reality  the  ancient  Zea 
or  Olyra,  and  from  its  appearance  we  should  fur- 
ther be  induced  to  identify  it  with  the  IVitieum 
ramoeum  of  Pliny  {H.  N.  xviiL  21). 

With  r^ard  to  Irio  and  HomUmm,  of  which 
the  former  se«ns  to  have  been  called  ip^ifwy  by 
the  Greeks,  both  enumerated  by  Pliny  among 
/rumenta,  although  he  afterwards  somewhat  quali- 


AGRICULTURA. 

Ses  tkii  aBntioB,  we  do  not  kaaid  a  eonjeciiixeL 
(MiB.  ff.  AT.  xriH.  lOl  §  1—22,  xaai  75.) 

We  Maj  candade  this  wction  with  an  ennmera- 
t»a  of  the  leehucal  temts  emploTed  to  denote  the 
differoi  parte  ef  an  ear  and  ^dk  of  ooni. 

The  vfaole  ear  was  named  tpiea;  the  beaid  or 
awa  oTttte/  the  ear,  when  heudleH,  tpiea  aw- 
Ciea,  the  white  solid  snbstaaoe  of  the  grain,  mA'- 
■■■»  mfiiimm  —  mwdata  wtedmBa — gnmmm  ;  the 
hoik  which  immediatelj  envdopes  the  gianwn, 
gtmma^  with  which  eorfea^  Aanoo,  /bllkmbu,  are 
oaed  as  BjBaajnioas;  the  enter  husk  oevf  /  the 
hash  with  the  short  straw  attached,  po^ai / 


AORICULTURA. 


67 


J  to  which 
m  legnminaiis  phmts ;  the  knots  or 
jwdi  in  die  stem,  ffeaiemfi,  ariiadi;  the  sheath- 
Eke  hbde  in  the  stem  fram  which  the  ear  isiues 
teh,a^p».. 

2.  LegtmnmouB  Crop^  (x^Bporo,  LegmnxM^ 

The  'metaUca  fiJUng  propeily  under  this  head, 
thkfly  ci&Tated  by  the  aodeiiti,  were :  a.  Foha; 
4.  IjKpmm;  c  Lmt  s..  LaHaJa;  d,  deer;  e, 
CTiviFvafa  J  /i  Pkamebu;  ff.  Pimtm;  to  which, 
ia  Oder  to  avoid  nialtiplyiiig  sabdiTisiona,  we 
say  add  Nufi  and  Rapn^  lince  in  common  with 
the  k^anuna  thej  serred  as  food  both  for  mea  and 
Gitde. 

a.  FhAa.  The  andent  JidHL,  the  jcwd^f  of  the 
Gteda^  notwithstanding  all  that  has  been  miffed  to 

""^ ' — y,  waa  certainly  one  of  the  Tarieties  of 

field  bean,  the  Vkia  Faba,  or  Faba 

Mstt  of  botanists.     It  required  either 

rich  and  Strang,  or  well  mannndhmd.   Ifiownupon 

moiit  low-lying  groond  that  had  remained  long 

naoopped  {vete$9bum\  no  previons  pr^aration  was 

iimaiMj  ;  bvt  the  leed  was  icattaed  and  at  onoe 

^Di^ked  in  ;  the  field  was  then  ribbed  and  finally 

harrawed  (aamsammtermioaolouiffetaanauu^mara' 

bmuu,  imptuwataimqm  ocm&fptafX  the  object  being 

to  haiy  the  seed  as  deepas  possible;    But  if  beans 

were  to  be  sown  vpon  Imd  finm  which  a  eon  crop 

had  hen  jort  reaped  {ndibilU  C9er),afterthe  stabble 

was  deaied  away,  msnnre  was  spread  at  the  rate 

of  twcB^  frnr  TehiBS  to  the  jnger,  and  then  the  re- 

■aoiag  operations  were  the  nme  as  aboTe.    Rich 

hnd  leqsLired  finom  fiinr  to  six  modii  to  the  juger, 

pooKT  nfl  somewhat  more.    A  portion  of  the  seed 

was  cnmmitt<H!  to  the  groond  about  the  middle 

(■irfifiT  jsMflaCiX  the  rwnainder  at  the  end  of  the 

esm-aowi^g  season  {stplimoniia^  aaUo),    Viigil 

(Gteqpi  L  215),  indeed,  fiillowing  the  practiee  of  his 

ova  district^  directs  that  beans  should  be  sown  in 

ipcii^ ;  bat  this  was  disapproTcd  of  in  the  rest  of 

Italy  because  the  stalks  (fiodet—fabdUa)^  the  pods 

(nfifMs),  and  the  hnsks  {aem  f<Aagmiim\  aU  of 

which  wen  of  great  Tahie  as  food  for  cattle,  were 

less  Inxniant  in  the  spring-sown  {Jtnmetlria  faba^ 

thaa  ia  the  antamnal  crop.    Columella  reoommends 

thtf  beans  ahoold  be  hoed  three  times,  in  which 

esse  they  reqiured  no  weeding.    When  they  had 

szriTed  at  matority,  they  were  reaped  dose  to  the 

fsraand,  were  made  iq»  into  sheaves  (/%MCtea&'), 

woe  »fc*««l»*«i  by  men  who  tossed  the  bundles  with 

forks,  tmmpled  them  under  foot,  and  beat  them 

with  ilaik  (famfis),  and  finally,  were  cleaned  by 

vianowii^^    The  harrest  took  place  in  Central 

Itsly  about  the  end  of  May,  and  hence  the  first  of 

Jaae  was  named  Odeadae  FtdtariaA,  because  on 

that  day  new  beans  were  used  in  sacred  rites.  From 

fair  to  BX  modii  of  seed  required  two  days*  work 


of  the  idooghman,  if  the  land  was  newly  broken 
up,  but  only  one  if  it  had  been  cropped  the  prerions 
season ;  harrowing  occupied  one  dav  and  a  half, 
the  first  hoeing  one  day  and  a  hal^  the  second  and 
third  each  one  day,  reaping  one  day ;  in  all,  seven 
or  eight  days. 

Bean  meal  (fawmahiai,  «7c9tm«)  was  baked  into 
bread  or  cakes  {ipros  Kv4iup9s\  especially  if 
mixed  with  the  floor  of  wheat  or  millet ;  when 
made  mto  porridge  (Jbbaeia^  jmU  /hbata)^  it  was 
aooooated  an  acceptable  offering  to  the  gods  and 
termed  Aq^Woo, — a  name  properly  applied  to  the 
beans  brought  home  and  set  apart  ior  holy  pur- 
poses. (Honi.iZ.xiiL589;  Cat.S5;  Varr.  l44; 
ColuuLii  10,12;Pallad.iL9,TiL8;  Plin./r.M 
xriL  5,  xriii.  12,  xix.  S  ;  GeopQn.iL  35 ;  IHoseorid. 
ii.  127  ;  Theophr.  /f.  P.  iv.  2,  viL  S,  viii,  1  ;  eonp. 
Fest  s.  V.  R^rwa;  OelL  iy.  11,  x.  15;  Maaok 
SaLll^i  Gcd^DkLLiO;  Or.  i^oiC  t.  OOL) 

b,  Lt^imuy  the  b4pii»s  of  the  Greeks,  seems  to 
indode  the  Lupmm  albtu^  the  L.  Ii4mm,  and  the 
L.  pUomu  of  botanists,  the  eonunon  white,  yellow, 
and  rose  lupines  of  our  gardensi  The  firat  of  the 
above  spedes  was  that  chiefly  cultivated  by  the 
Romans,  and  is  prononnoed  by  Columella  to  be 
the  most  valnalde  of  the  legnmina,  because  it  de- 
manded very  little  labour,  was  a  sore  crop,  and 
instead  of  exhausting,  actaally  refreshed  and  ma- 
nured the  lend.  Steqwd  in  water  and  afterwards 
boiled,  it  formed  an  excellent  find  for  oxen  in 
winter,  and  might  be  used  even  for  man  during 
periods  of  scareity.  It  could  be  sown  as  soon  as 
thrashed,  might  be  cast  upon  ground  unprepared 
by  ploqghing  or  any  other  operation  (erwdw  aoootf- 
6m),  and  was  covered  up  anyhow,  or  not  covered 
up  atall,  bdng  protected  by  its  bittcfnea  from  the 
attadcs  of  birds  and  other  animals. 

The  proper  season  for  sowing  was  early  in  an- 
tumn,  in  oidcr  that  the  stalks  might  acquire  vigour 
before  the  cold  weather  set  in  ;  the  quantity  of 
seed  was  ten  modii  to  the  jnger,  and  the  crop  was 
reaped  after  it  had  remained  a  year  in  the  ground. 
It  succeeded  well  in  any  dry  light  land,  but  not  m 
wet  tenacious  soiL  Ten  modiirequired  in  all  only 
three  days*  work  ;  one  for^  covering  up,  one  for 
harrowing,  and  one  fiir  req>tng,  and  of  these  opera- 
tions, the  two  fint  might,  if  there  was  a  press  of 
work,  be  dispensed  with.  (Cat.  v.  35  ;  Colum.  ii 
10, 16,  xi.  2  ;  Palhid.  I  6,  ii.  9,  vL  3,  vii.  3,  ix.  2  ; 
Pliu.  ff,  N.  xviii.  14  ;  Oeopcn.  ii  39 ;  Viig. 
Cfeorp.  i.  75.) 

e.  Ltm»  B.  Lfftfeafa,  the  ^oic^s  of  the  Greeks, 
the  modem  Erwtm  Lmt^  Vieia  Lent^  or  Lentile^ 
was  sown  twice  ayear,  hue  in  autumn  {per  mediam 
mmaitim)  and  early  in  spring,  on  dry  hghi  soil,  in 
the  proportion  of  rather  more  than  a  modius  to  the 
juger.  It  was  recommended  to  mix  the  seed  with 
dry  manure,  and  after  leaving  it  in  this  state  for 
four  or  five  days,  then  to  scatter  it  A  modius  and 
a  half  required  eight  days*  work — ploughing,  three ; 
harrowing,  one  ;  hoeing,  two  ;  weeding,  one ;  pul- 
ling, one.  (Cat.  35  ;  Viig.  Geor^ff,  1 228  ;  Colum. 
ii  10,  12  ;  XL  2. ;  Plin.  ff.  N.  xviii  12,  31  ; 
PaUad.  xii  11 ;  Theophr.  ff,  P,  viii  3  ;  Dioecorid. 
ii  129 ;  Geopon.  ii  37;  comp.  Martial,  xiii  9. 1 ; 
GdixviiiS.) 

d.  Goer,  the  ip4€tweos  of  the  Greeks.  The 
OScerarielimm  {xpUs)  and  the  CCoer  Pawiciww,  va- 
rieties of  our  common  chick-pea,  were  sown  in 
rich  soil,  during  the  month  of  March,  in  the  pro- 
portioo  of  three  modii  to  the  juger,  the 


58 


AGRICULTURA. 


baving  been  prerioiuly  steeped  to  make  them 
genninate  more  readily.  The  crop  was  conridered 
injurious  to  the  soil,  and  therefore  avoided  by 
prudent  husbandmen.  Three  modii  of  Cioer  re- 
quired four  days  for  ploughing  and  sowing,  two 
days  for  harrowing,  one  day  for  hoeing,  one  day 
for  weeding,  and  uree  days  for  pulling  (eeSiwsfatr 
irilut),  (Colum.  iL  10,  12  ;  Plin.  H.  N.  zriii.  12  ; 
Dioscorid.  ii  126  ;  Theophr.  yiii  1,  3,  5,  6  ;  Geo- 
pon.ii.  36.) 

e.  Oi438rcula,  the  KdBupos  of  the  Greeks,  the 
Lathjfnu  mtivui  of  botanists,  which  Pliny  seems 
to  regard  as  a  small  variety  of  the  Cicer,  was 
sown  in  good  land  either  at  the  end  of  October  or 
at  the  b%inning  of  the  year,  in  the  proportion  of 
three  modii  to  the  juger. '  None  of  the  legumina 
proved  less  hurtiiil  to  the  ground,  but  it  was  rarely 
a  successful  crop,  for  it  suffered  most  from  the  d^ 
weather  and  hot  winds  which  usually  prevailed 
when  it  was  in  flower.  Four  modii  of  Cioercula 
required  six  days*  work — ploughing,  three ;  harrow- 
ing, one ;  weeding,  one  ;  pullmg,  one.  (Colum.  ii. 
10,  12  ;  Plin.  H.  AT.  xviil  12  ;  Pallad.  il  6,  iiL  4  ; 
Theophr.  H.P.  viil  3 ;  oomp.  Plutaroh.  QuaeiL 
Rom.) 

f.  PhcudM  s.  PluueoUta  {^wHiKoi  ;  ^wHioKos  ; 
^fiurfoXot),  the  common  kidney-bean,  succeeded 
best  in  rich  land  regularly  cropped,  and  was  sown 
towards  the  end  of  October  m  the  proportion  of 
four  modii  to  the  juger.  These  four  modii  re- 
quired three  or  four  days*  work, — ploughing,  one 
or  two,  according  to  the  soil ;  harrowing,  one ; 
reaping,  one.  The  pods  of  the  phaselus  wero  some- 
times eaten  along  with  the  seeis,  according  to  our 
own  custom.  (Virg.  Qtorg,  i.  227  ;  Colum.  il  10, 
12,  xi.  2  ;  Plin.  H,  N,  xviil  12  ;  Pallad.  ix.  12  ; 
x.1.) 

g.  Pintm  ('witrov ;  irUros  ;  irUriros\  the  common 
field  pea,  succeeded  best  in  a  loose  soil,  a  warm 
situation,  and  a  moist  climate.  It  was  sown  im- 
mediately after  the  autumnal  equinox,  in  the  pro- 
portion of  rather  less  than  four  modii  to  the  juger, 
and  cultivated  exactly  in  the  same  manner  as  the 
pkcuebu,  (Colum.  il  10,  13  ;  Plm.  H,N,  xviil  7, 
12  ;  Theophr.  H.  P,  iil  27,  viii.  3,  5.) 

Napusy  the  /Bowids  of  Dioscoridcs,  is  the  mo- 
dem Rape,  the  Brcusiea  rapa  of  botanists.  Pa- 
ptMK,  the  yoyyuXis  of  Theopbrastus,  is  the  modem 
Turnip,  the  Bnutiea  Naput  of  botanists.  The 
value  of  these  plants  was  in  a  great  measure  over- 
looked by  the  earlier  Roman  writers,  while  the 
Greeks  reaaided  them  too  much  in  ihe  light  of 
garden  herbs ;  but  Pliny  enlaiges  upon  their  merits, 
and  by  the  Gauls  beyond  the  Po,  who  wintered 
their  oxen  upon  them,  their  culture  was  deemed 
next  in  importance  to  that  of  com  and  wine.  They 
were  highly  useful  as  food  for  man,  for  cattle^  and 
even  for  birds  ;  both  the  leaf  and  bulb  were  avail- 
able ;  being  very  hardy,  they  could  be  left  in  the 
ground,  or  would  keep  well  if  stored  up,  and  thus 
one  crop  might  be  made  to  hold  out  until  another 
came  in.  They  required  loose,  well-pulverised, 
and  highly-manured  soil  Rapa  sneoeeded  best  in 
low,  moist  situations,  and  were  sown  at  the  end  of 
June  after  five  ploughings  (^wii^  mUeo)  ;  napi, 
which  were  more  adai>ted  for  dry  sloping  land,  at 
the  end  of  August  or  the  beginning  of  September, 
after  four  ploughings  {qmcuio  tuleo) ;  both,  however, 
in  warm  and  well-watered  spots  might  be  sown 
in  spring.  A  juger  required  four  sextarii  (about 
four  imperial  pints)  of  tunup  seed  and  five  of 


AGRICULTURA. 

rape  seed,  because  the  napus  does  not,  like  the 
rapum,  expand  into  an  ample  bulb  {mm  in  ven- 
trem  IcUeaoit)^  but  sends  a  tlun  root  straight  do^ii 
{aod  tenmem  radieem  deormnt  offit).  Columbia, 
however,  distinctly  states  that  the  npum  and 
napus  passed  into  each  other,  under  the  inflnence 
of  a  change  of  soil  or  dimate.  Rqoina  is  the  term 
for  a  bed  or  field  of  turnips.  (Dioscorid.  iL  1 34, 
136 ;  Cat  V.  36 ;  Colum.  il  10 ;  Plin.  I£.  2^. 
xviil  13.) 

Sw  Green  Forage  Orope  (JPebda\ 

This  term  included  all  those  crops  which  vrere 
cut  green  and  employed  exclusively  as  forage  for 
the  lower  animals.  The  most  important  were :  — 
a.  Medioa,  b.  Foemtm  Oraeeum.  e.  Vieicu  d. 
deera.  e.  Brtmrn^  ErmUa.  f.  Farrago^  Ocy- 
m»ifi.  g,  Foenma,  The  description  of  the  lost 
win  involve  an  account  of  the  system  pursued  in 
the  management  of  meadows. 

a.  Maiica  {Mifiuefi  sc  ir6a)  the  modem  L.n- 
oeme.  The  most  important  of  all  the  pUnta  cul- 
tivated for  stock  exclusively  was  Medica,  so  called 
because  introduced  into  Greece  during  the  Persian 
wars.  When  once  properly  sown,  it  would  last 
for  many  years,  might  be  cut  repeatedly  during 
the  same  season,  renovated  rather  than  exhausted 
the  soil,  was  the  best  fiittener  of  lean  cattle,  the 
best  restorative  for  those  that  were  sick,  and  so 
nourishinff  that  a  single  juger  supplied  sufiicient 
food  for  uree  horses  during  a  whole  year.  Hence 
the  greatest  care  was  bestowed  upon  its  culture. 

The  spot  fixed  upon,  which  was  to  be  neither 
dry  nor  spongy,  received  a  first  ploughing  about 
the  beginning  of  October,  and  the  upturned  earth 
was  allowed  to  be  exposed  to  the  weather  for  the 
winter  ;  it  was  carefully  ploughed  a  second  time, 
at  the  beginning  of  February,  when  all  the  stones 
were  gathered  ofl^  and  the  larger  clods  broken  by 
the  hand  ;  in  the  month  of  March  it  was  ploughed 
for  a  third  time  and  harrowed.  The  ground  thus 
prepared  was  divided  into  plots  or  beds  (onecu)  as 
in  a  garden,  each  fifty  feet  long  and  ten  feet 
broad,  so  that  ready  access  might  be  gained  by 
the  walks  between  for  supplying  water  and  ex- 
tirpating the  weeds.  Old  dung  was  then  spread 
over  the  whole,  and  the  sowing  took  place  at  the 
end  of  April,  a  cyathus  (about  f^  of  an  imperial 
pint)  of  seed  being  allowed  for  each  bed  of  the 
dimensions  described  above.  The  seed  was  im- 
mediately covered  in  with  wooden  rakes  {i^neis 
ratidU$\  and  the  operations  of  hoeing  and  weed- 
ing were  performed  Rpeatedlv  with  wooden  im- 
plements. It  was  not  cut  for  the  first  time  until  it 
had  dropped  some  of  its  seed,  but  afterwards 
might  be  cut  as  tender  as  the  fiurmer  thought  fit. 
After  each  cutting  it  was  well  watered,  and  as 
soon  as  the  young  blades  began  to  sprout,  eveiy 
weed  was  sedulously  removed.  Mamiged  in  this 
manner  it  might  be  cut  six  times  a  year  for  ten 
(Plmy  says  uirty)  years.  It  was  necessary  to 
use  caution  in  giving  it  at  first  to  cattle,  since  it 
was  apt  to  inflate  them,  and  make  Uood  too 
rapidly,  but  when  they  were  habituated  to  its 
use  it  might  be  supplied  freely.  It  is  very  re- 
markable that  this  species  of  forage,  to  which  so 
much  importance  was  attached  by  the  Romans, 
has  altogether  disappeared  firom  Italy.  We  are 
assured  by  M.  Chateauvienx  that  not  a  single  phmt 
of  it  is  now  to  be  seen.  (Vair.  I  42  ;  Colum.  il 
10,  28  ;  Viig.  Georg,  L  216 ;  Pallad.  iil  6,  v.  1 ; 


AORICULTURA. 

Pfau  H.  N,  xviiL  16  ;  DioiDarid.  iL177 ;  Theophr. 
iSr.  P.  Till  7.) 

k  Fum— I  GWmc— I,  Tarionsly  tenned  r^Aif , 
Pw«»f»»  •>  M«p«,  acc^c^it  and  oly^^ws, 
be  rnycrfh  fommm  Orueemm^  at  oommoQ  Fenn- 
pcek  of  boCuuitif  wu  called  SSigma  by  conntnr 
propkr  asd  saeeeeded  best  vhen  totally  neglected, 
ofe  hanf  taken  in  the  fint  place  not  to  boiy  tbe 
•h4  deep  {marifieaiime  teritmr).  Six  or  seven 
Bodii,  vBdi  ma  the  aflowanoe  for  a  jnger,  re- 
scind two  days  far  towiog  and  one  for  reaping. 
(Cat  35  ;  Colnm.  a  10,  xL  2  ;  Plin.  H.  N.  xriS. 
U,xxiT.19;  Diasoorid.iL  134;  Tbeophr.  H.  F. 
iL.  17,  Tiii  8L) 

c  Fida  (adpmcw^  the  0uaA^  of  Galen),  Mane 
«e  of  tke  Tarieties  of  the  Vieia  rnHna^  the  Vetdi 
or  ftvimer  (or  Winter)  Tare  of  botanists.  It 
a^'lit  be  sown  on  diy  land  at  different  periods  of 
tte  Teas,  anally afaont  the  antonmal  equinox  whoi 
ntoided  ftr  green  fodder ;  in  Janoary  or  later,  when 
aiMd  fir  seed.  (But  see  Plin.  H.  N.  xriii  15.) 
TVe  qvatity  lecpiired  in  the  former  case  was  seven 
■odii  to  the  juger,  in  the  latter  six.  Particalar 
can  vas  taken  not  to  cast  the  seed  when  Uiete 
«»  drv  or  aaoistare  of  any  sort  apon  the  smfoce 
•^tbegmmd  ;  the  period  of  the  day  selected  for 
*ie  opeatiQn  was  therefore  some  hoozs  after  san- 
CM,  and  BO  more  was  scattered  than  ooold  be 
^y^m^  op  before  nif^t»  It  required  little  labour — 
fi^Ng  two  daya,  hanowing  one,  le^nng  one  ; 
n  aS,  Soar  days'  work  for  six  or  seven  modii 
•Cat  35 ;  Yaici  51  ;  Viig.  GmrgXlb  ;  Cdom. 
u-ia{2a,12.§3;  Plin.H.iV:xTiii.l5;  camp. 
0T.F«tT.2«7.) 

i'  Gceta,  the  H/Xfios  of  Theophraato^  the  Z«- 
(^  CSoero  of  botanists,  was  sown  after  one  or 
(*o  plooKUqgs  (prMNo  vtl  aUero  mUeo\  in  the 
mh  of  Maich,  Uke  quantity  of  aeed  varying,  ao- 
^^  to  the  richneas  of  soil,  from  two  and  a 
^to  6ar  Bodii  for  the  jnger.  In  sonthem 
^^  H  ms  given  to  the  catUe  crashed  (cioerci 
A»X  steeped  in  water,  and  then  mixed  with 
^^  Twelve  pounds  of  «n»n»  were  considered 
«lMcBl  to  sixteen  of  OMwra,  and  sufficient  for  a 

7«k«0fQZC|L 

(^Kcaaascaltivated  for  its  seed  also,  and  fonned 
ttA«B|abtiUe  food  for  man,  differinff  little  if  at 
^  B  laitB  from  the  cieercnla,  but  being  of  a 
?*««*«.  (Colum.iLll,§l,12;  PaUaiiv, 
*;  Wn.  isr.  AT.  xviiL  12  ;  Theophr.  H,  P,  iv.  2.) 

<•  ^firvavyiSirTdM,  the5po«of  of  Dioacorides,  are 
^fORidy  varieties  of  the  £rBM»  JVrtb,  or  WOd 
UR  «f  bolaniita.  Enmm  succeeded  best  m  poor 
«ThBd ;  si%fat  be  sovm  at  any  tune  between  the 
^toml  eqainox  and  the  bcgmning  of  March,  at 
ut  Qte  of  fire  modii  to  the  pager,  and  demanded 
^2*^  The  above  quantity  required  six  days* 
^°]'^~'F^Klullg  and  sowing  two,  harrowing  one, 
^«a|Weedmgone,ieapuigone.  (yarr.i.82; 

]n.u v^.  100 {  osiunuiLlo.  J H  H. § n, 

L.  '  8.  13.  J  1,  ▼!-  A  ».  2 ;  Pallad.  ii.  8 ; 
™».  « M  xviiL  15  ;  Theophr.  -»:  P.  ix.  22 ; 
*7wji  u.  131  ;  comp  Plant.  AfofeaOL  i.  1.) 
^^^^^H^  Oif  iwBBi.  Onoomparing  the  various 
*y»MSaoted  at  the  end  of  this  paragraph,  al- 
7^  ^  tbooad  in  csntiadictinns,  we  shall  be 

.  ^  '^fimuffo  was  the  general  term  employed 
IJlJ'^aBykmd  of  oom  cut  green  for  fodder. 
'^f  ant  mu  derived  from/ir,  the  refuse  of  that 
^  \m%  ooginaliy  sown  for  this  purpose  (/or- 


AGRICULTURA.  59 

rago  ssr  rwrtmaoia  fanit  praedenmt  98riimr\  but 
afterwards  rye  (aow^),  oato  {avmae\  and  barley, 
were  employed  ;  the  last-mentioDed  being,  in  the 
eatimation  of  Columella,  the  beat ;  and  theae  grains 
were  not  always  aown  alone,  but  frequently  with 
an  admixture  of  the  vetch  and  varioua  Icgumina. 
Hence  /orroffo  is  used  by  Juvenal  to  denote  a 
confused  medley  of  heterogeneous  topica. 

2.  That  as  fiarrago  properly  denoted  com  cut 
green  for  fodder,  ao  o^mmn  was  the  name  given 
to  plants  of  the  bean  kind,  when  need  in  the  aame 
manner,  before  they  came  to  maturity,  and  fanned 
pods.^  Manlius  Sum  gives  the  proportions  of  ten 
modii  of  beans,  two  of  vetches,  snd  two  of  erviliae 
to  the  juger  ;  and  this  combination  was  said  to  be 
improved  by  the  addition  of  Avema.  Cfraeody  sown 
in  autumn ;  it  was  the  fint  crop  available  in  the 
early  part  of  the  year,  and  hence^  of  the  three  fonns 
odiMMK,  oetnitaii,  ocymmmy  we  can  scarcely  doubt 
that  the  last  is  the  most  accurate,  and  that  the 
name  was  given  on  account  of  the  nq>idity  of  its 
growth  in  saving.  From  the  expression  of  Pliny, 
**  Apud  antiquos  ent  pabuli  genus  quod  Cato 
Oegmani  vocat,**  and  tne  silence  of  Columella, 
who  mentions  the  sarden  herb  ocymum  (basil) 
only,  we  infor  that  this  sort  of  pabidum  was  little 
used  after  the  time  of  Varro.  The  notion  of 
Gesner  that  ocymum  is  clover,  the  iucMow  rpnr^ 
nfXoF  of  Callimachns,  is  directly  at  variance  with 
the  statements  of  Pliny,  who  mentions  tri/olium  as 
a  distinct  phmt  (Cat  27,  5%  54 ;  Varr.  i.  23, 
31  ;  Colum.  ii.  10.  §  31,  d^;,  xi.  8.  §  29  ;  Plin. 
jy.iST.xviiLie.) 

ff.  Foenum,  Frata.  So  much  importance  was  at- 
tached to  stodc,  that  many  considered  a  good  mea- 
dow as  the  most  valuable  species  of  land,  requiring 
little  trouble  or  outlay,  subject  to  none  of  the  casual- 
ties to  which  other  crops  were  exposed,  affording  a 
sure  return  every  year,  and  that  twofold,  in  the 
shape  of  bar  and  of  pasture.  The  meadows  were  of 
two  kinds,  the  Dry  Meadow  {sieoameumpratym)  and 
the  Iirigated  or  Water  Meadow  {praHtm  rigitum)» 
The  hay  produced  from  a  meadow  whose  own  rich 
natural  moisture  did  not  require  an  artificial 
stimulus  was  the  best.  Any  hmd  which  declined 
with  a  gentle  slope,  if  either  naturally  rich  and 
moist,  or  capable  of  irrigation,  might  be  laid  down 
as  a  meadow,  and  the  most  approved  method  of 
procedure  was  the  following :  —  The  land  having 
been  thoroughly  ploughed  and  well  laboured  in 
summer,  was  in  antomn  sown  with  rapa,  or  napi 
or  beans,  the  following  year  with  wheat,  and  in 
the  third  year,  all  trees,  bushes,  and  rank  weeds 
having  been  extirpated,  with  the  vetch  (vidd) 
mixed  vrith  grass  seeds.  The  dods  were  broken 
down  with  rakest  the  surfi^e  accurately  levelled 
by  wicker  hurdles,  so  that  the  scythe  of  tne  mower 
(/bemaeea)  might  nowhere  encounter  any  obstacle. 
The  vetches  were  not  cat  until  they  had  arrived  at 
maturity  and  begun  to  drop  their  seed  ;  and  after 
they  had  been  removed,  the  grass,  when  it  had  at- 
tained to  a  proper  height,  was  mown  and  made 
into  hay.  l^en  the  irrigation  commenced,  pro- 
rided  the  soil  was  stifi^  for  in  loose  earth  it  was 
necessary  to  allow  the  grass  roots  to  obtain  a  firm 
hold.  For  the  first  year  xm  stock  were  permitted 
to  graze  lest  their  foet  should  poach  up  the  soft 
ground,  but  the  young  blades  were  cut  from  time 
to  time.  In  the  second  year,  after  the  hay-making 
was  over,  if  the  ground  was  sAoderately  dry  and 
hard,  the  smaller  animals  were  admitted,  but  na 


60  AGRICULTURA. 

honee  or  oxen  until  tin  third.  About  the  inidd]^ 
of  Fefamary  in  each  year,  an  abundant  top-dreBsing 
of  manure  mixed  with  gFBSB-seeda  was  applied  to 
the  upper  part  of  the  field,  the  benefit  of  which 
was  extended  to  the  lower  portions  by  the  flow 
either  of  natural  rain  or  of  artificial  streams. 
When  old  meadows  became  mossy,  the  best  re- 
medy was  to  sprinkle  ashes  copiously,  which  in 
many  cases  kflled  the  moss  ;  but  when  this  &iled, 
the  most  sure  plan  was  to  break  up  the  land  afiesh, 
which,  haying  bun  long  undisturbed,  was  sure  to 
afford  abundwLt  oops. 

In  making  hay,  the  grass  was  to  be  cut  {faUd" 
Am  wAseoart)  before  the  stem  had  begim  to  lose 
its  natural  moisture,  while  the  seed  was  not  yet 
perfectly  ripe  ;  and  in  drying,  it  was  essential  to 
avoid  the  two  extremes  of  exposing  it  for  too  long 
or  too  short  a  time  to  the  sun  and  air.  In  the 
former  case,  tiie  juices  were  sucked  out,  and  it 
became  little  better  than  straw  ;  in  the  latter,  it 
was  liable  to  ferment,  heat,  and  take  fire.  After 
being  properly  turned  over  with  forks  {/urcUUs 
vencui)  it  was  collected  and  laid  in  regular  swathes 
(coartabimus  in  atriffam\  and  then  bound  into 
sheaves  or  bundles  {atqiie  Ua  manipUM  vmaemtut). 
The  loose  stalks  were  next  raked  together  {raddlU 
eradi)  and  the  whole  crop  (/oeni$icia)  carried  home 
and  stored  in  lofts,  or,  if  this  was  not  conve- 
nient,  built  up  in  the  field  into  conical  ricks  (m 
metat  extnti  eonoeniei).  Lastly,  the  inequalities 
passed  over  by  the  mowers  (quae  fotmtton  prae- 
terierunt)  were  cut  close  and  smooth  {jridUenda 
pratOy  id  ett^  JalcSnu  eoniectanda)^  an  operation 
termed  tidlire  prahtmy  the  gleanings  thus  obtained, 
which  fbimed  a  sort  of  aftermath,  being  called 
/oenum  eordumj  or  gteUvnenia,  (Cat  5,  8,  9,  29, 
50  ;  Varr.  L  7,  49  ;  Colum.  il  16—18;  PaUad. 
il  2,  iiL  1,  iv.  2,  x.  10.) 

4.  Crops  affording  Materials  for  tetetHe  Fabrics, 

Of  these,  the  most  important  were,  a.  Cannabis : 
b.  Limtm, 

a.  Cannabis  {KdanraSis^  KimnBos)  the  Cbmia&M 
so/tbo,  or  Common  Hemp  of  botanists,  required 
rich,  moist,  well-watered,  deeply  trenched,  and 
highly  manured  land.  Six  grains  were  sown  in 
every  square  foot  of  ground  during  the  last  week 
in  February,  but  the  operation  might  be  delayed 
for  a  fortnight  if  the  weather  was  rainy.  Colu- 
mella is  unable  to  give  any  details  with  re^^  to  the 
amount  of  time  and  labour  necessary  for  raising  a 
crop  of  hemp.  (Varr.  i.  23  ;  Colum.  il  10,  12, 
21  ;  Plin.  H,  N,^3l9  ;  Dioscorid.  iii.  165.) 

b.  Linum  (Aivov),  the  Linum  usitatissimumj  or 
Common  Flax  of  botanists,  being  regarded  as  a 
Tery  exhausting  crop,  was  altogether  avoided,  un- 
less the  soil  happened  to  be  peculiarly  suitable,  or 
the  price  which  it  bore  in  the  district  very  in- 
viting (nisi  pretium  provHai).  It  was  sown  from 
the  beginning  of  October  until  the  end  of  the  first 
week  in  December,  in  the  proportion  of  eight  modii 
to  the  jnger,  and  sometimes  in  February  at  the  rate 
of  ten  modiL  On  account  of  its  scourging  qualities 
(Viig.  Geoiy,  i  77),  it  was  generally  grown  upon 
rich  land,  such  being  less  liable  to  be  seriously  in- 
inred,  but  some  sowed  it  very  thick  upon  poor 
land,  in  order  that  the  stalks  might  be  as  thin,  and 
therefore  the  fibres  as  delicate  as  possible.  (Viig. 
Georp.  L  212;  Colum.  il  10,  14;  Plin.  ff,  iV: 
xril  9,  xix.  1  ;  Pallad.  xi  2  ;  Geopon.  iL  10  ; 
Dioscorid.  il  125 ;  Theophr.  H,  P,  viil  7.) 


AGRICULTURA 

Suooesdon  or  RotaHon  o/Crops, 

It  is  evident  from  the  instructions  given    hy 
Columella  (il  4)  for  ploughing  the  best  Land,  that 
a  summer  follow  usually  preceded  a  com  cropw   For 
since  the  first  ploughing  was  early  in  spring,  the 
second  in  summer,  and  the  third  in  automn,  it  is 
impossible  that  a  crop  could  have  been  raised  apcm 
the  ground  during  any  portion  of  the  period  here 
indicated ;  and  the  same  author  expieasly  states 
elsewhere  (il  9),  in  accordance  vrith  the  Virgilian 
precept  (G.  I  71),  that  the  knd  upon  which  wheat 
(far,  eiUffo)  vras  grown  ought  to  repose  every  other 
year ;  in  which  case,  however,  manure  might  be 
dispensed  with.     Nor  did  this  plan  apply  to  com 
alone,  for  it  would  seem  to  have  been  the  general 
practice  to  permit  nearly  one  half  of  the  fiirm  to 
remain  at  rest,  while  the  productive  eoefgies  of  the 
other  moielT  were  called  into  action.    It  will  be 
seen  from  the  calculations  with  r^nard  to  time  and 
labour  for  an  arable  fiirm  oontuning  200  jugera 
(Colum.  il  12),  that  100  jugen  only  were  aown 
in  antmnn,  50  with  wheat,  50  with  leguminona  or 
green  crops  ;  and  if  spring-sowmg  was  resorted  toi, 
which  was  by  no  means  general,  30  more,  so  that 
out  of  200  jngers,  at  least  70,  and  more  firequentl  j 
100,  were  left  followed. 

There  were,  indeed,  exoeptions  to  this  system. 
Some  land  was  so  peculiarly  deep  and  rich  that  it 
might  be  cropped  for  two  or  more  years  in  saoces- 
sion  {terra  restibiUs)  ;  but  in  this  case  it  was  re- 
lieved by  varying  the  crop,  the  field  from  which 
winter  wheat  (far)  had  been  reaped  being  highly 
manured  and  sown  immediately  with  beans,  or  the 
ground  which  had  home  lupines,  beans,  vetches, 
or  any  renovating  crop,  was  allowed  to  lie  follow 
during  winter  and  then  sown  with  spring-wheat 
(far)  (Viig.  Gtorg,  I  78  ;  comp.  Plin.  H.  N. 
xviil  21),  while  a  third  rotation,  still  more  fovour- 
able^  was  to  take  two  leguminous  or  renovating 
crops  after  one  exhausting  or  com  crop.  In  Cam- 
pania, the  extraordinary  fertility  of  the  soil  al- 
lowed them  to  tax  its  energies  much  more  severely, 
for  there  it  was  conmum  to  sow  bailey,  millet, 
turnips  {rapa)^  and  then  barley  or  wheat  agam,  the 
hud  receiving  manure  before  the  millet  and  turnips, 
but  never  remaining  vacant ;  while  that  pecnliariy 
favoured  district  near  Naples,  called  the  Campi 
Laborini^  or  Terras  Ldboriae^  now  the  Terra  di 
Lanaro^  yielded  an  uninterrupted  series  of  com 
crops,  two  of  for,  and  one  of  millet,  without  a 
moment  of  repose  (seribur  toto  omio,  panioo  ssmely 
bisfarre),  (Cat  35  ;  Varr.  L  44  ;  Viig.  Cfeorp.  I 
71,  &c. ;  Colum.  il  9,  10,  12  ;  Plin.  H,  N.  xviil 
21,  23.) 

It  will  be  proper,  before  bringhig  this  part  of 
the  subject  to  a  dose,  to  explain  a  word  which 
may  occasion  embarrassment  in  consequence  of  its 
signification  being  variously  modified  by  the  Roman 
agricultural  writers.  This  is  the  adjective  noedis^ 
which  frequently  appears  as  a  substantive,  and  in 
all  the  three  genders,  according  as  agery  terra^  or 
solum  is  undentood. 

1.  The  original  meaning  of  nowdis  or  nonaUy 
looking  to  its  etymology,  must  have  been,  land 
neudff  redaifned  from  a  state  of  nature  ;  and  in 
this  sense  it  is  used  by  Pliny  (H.^T.  xvii.  5), 
Talis  (sc  odor)  fere  est  in  novalibns  eaesa  ffsters 
syha,     (Comp.  Callistr.  in  Pand.  xlvil  21.  3.) 

2.  Varro,  m  his  treatise  De  JJngna  LatiM  (v. 
39  ;  comp.  vi.  59,  ed.  Miiller),  places  novaUsajfsr^ 


AOMCULTURA- 

hod  vUck  ii  tllowed  ooeaaonaUy  to  repose,  in 
I  to  putASiM  agtfy  land  which  is  cropped 
"Affer  rwfiSafe  911*  vHtJfuHtwr  ao  re- 
'  €oiUta  fm  utteruuttititr  a 
» aonfi^ —  and  henco  Flinj  {ff.  N.  xriiL 
19X  y^ooait  eat  qmod  alternii  oiwu  aeritur, 

X  Vanoy  in  kit  Treatue  De  Re  Rustica  (l  29), 
Maes  Stffee  to  mean  a  field  which  has  been 
^oQfhed  and  aown  ;  oynan,  a  field  ploughed  but 
nat  yet  aovn ;  notqfa  n&i  aafiiat  y%(sl  oiUeguam  ae- 
nwrfe  amrtiwM  iwnofvfiir,  ambignona  words  which 
■ay  he  inteiyietod  to  denote  a  field  which  has 
bone  a  crap,  b«t  which  has  not  been  ploughed  for 
a  seoood  crop  ;  in  which  case  it  will  be  equiTalent 
reu/aOowfieU. 

4.  CebaneUn,  in  one  pasH^  (vi.  praef.  §  1), 
cnploja  aoaofe  eobtm  fat  new  or  Tiigin  land  nn- 
toocM  bj  die  plough  ;  fiir  in  contraatiiig  the 
taacs  of  the  agricnltoriat  and  the  grader,  he  re- 
aadu  that  the  fonner  delighta  quam  mcuame  tub- 
ocfo  cf  pmre  ao£a,  tbe  latter  aoca&*  ffnmUnoeoque  ; 
aadYsBB  (p.  pcaeL  §  4)  in  like  manner  places  ao- 
telis  as  paatoie  land,  in  opposition  to  sepes,  as  com 
bad, — 6o§domiiueeaMaa^uteom9nodim»aaoaim- 
fnmwtmm  m  aegete  etpaMmm  m  ttooaii, 

1  Cefanaena,  in  another  passage,  places  euUa 
nvsfi^  bad  under  tillage  in  a  genexal  senie,  in 
Wition  to  rmdia  c^^er,  land  in  a  state  of  nature  ; 
sod  thas  we  mnst  nndostand  the  kaeo  tarn  euUa 
aoMfii  in  Viiga'fe  first  £ekgm  (t.  71),  and  tonaaa 
umba,  the  cdtivated  fields  from  which  a  crop  has 
Wen  reaped, — a  phxaae  which  fimns  the  connecting 
Imk  between  thb  mwrning  and  that  noticed  abore 
■aderl    (Comp.  Pallad.  i  6,  ii.  10.) 

B.    PASTIO. 

Tlie  seeond  great  department  of  oor  sabject  is 
iWaSk  ii  lUa  Paatoriaoj  s.  SeienHa  PaatoraHa, 
tl^CM  terns  being  all  alike  understood  to  denote 
<^  art  of  providing  and  feeding  stock  so  as  to 
jidd  the  most  ample  profit. 

Bit  Poatio  mnst  be  eonsidaed  mider  the  two- 
fddfiamof 

^  Peal»  AgnaHa  a.  Rea  Pecmana^  and 

Tks  iRaier  oompvehending  the  management  of 
o'^  ibeep,  horaea,  dec; ;  the  latter  of  poultry, 
P■^  fish,  bees,  aaod  some  other  animals  to  be 


AGRICULTURA. 


61 


«.  ^Aano  AORsans  a  &xs  picua&u. 
CoBlaiBs  three  heads: 

I>  ifnoTM  PeoKfeiL  including^  1.  Sheep  ;   2. 
0«^ja.Swineu 

^Mojprea  Peaadea^  indnding,  1.  Ktne ;  2. 
B<o«;  3.  Asses  ;  4.  Mules.  Varro  indeed,  for 
J_J^f«  apparently  except  to  presenre  a  sort  of 

third 


Msical  symmetry,  places  mules  in  the 
^^w,  bat  as  they  endentfy  belong  to  the 
yw  horses  and  asses,  we  have  to  this  extent 
ecpsftedftoni  his  anangement. 

In.  Aahnals  prorided  not  for  the  profit  which 
J^yjidd  direetlj  in  the  market,  but  necessary 
''"^IByr  maintfnance  of  the  farqp)ing;  these 

^IVo^i  (soMs)  ;  2.  Feeders  (/wsfom). 

A^  in  each  of  these  nine  subdiTisions  (with 
w  esttptidn  of  mules  who  do  not  breed)  atten- 
^  nut  be  directed  to  nine  different  drcnm- 
*>Me^  of  which  four  axe  to  be  considered  in  the 
P^^MM  of  ito^  (jm  peeora  panmdo)^  four  in  the 


feeding  of  stock  (in  pecore  paacendo\  while  the 
ninth,  of  a  more  general  character,  relates  to  num- 
ber {da  nunuro). 

The  four  circumstances  which  demand  attention 
in  purchasmg  stock  are,  a.  The  age  of  the  animal 
(oetos).  6.  His  points  {eogmHo /mrmaa)  by  which 
we  determine  whether  he  is  good  of  his  kind. 
c  His  breeding  {qm  aU  soamtb),  by  which  we  de- 
termine whether  he  is  of  a  good  kind,  d.  The 
legal  forms  (dejura  in  panmdo)  essential  to  render 
a  sale  valid,  and  the  warranty  which  the  buyer 
may  demand  (quemadmodtan  qmamqtte  peeudem 
end  opcrteat  dvUi  jure). 

The  four  circumstances  to  be  considered  after  a 
breeding  stock  has  been  acquired  are,  e.  The  mode 
of  feeding  (paatio)  in  answer  to  the  questions 
tckerej  wienf  and  with  tphai  (in  qua  regione^  et 
quando  et  quoM).  f.  The  impregnation  of  the 
female,  the  period  of  gestation,  and  her  treatment 
while  pregnant,  all  of  which  are  embodied  in  the 
word  /beiura,  g.  The  rearing  of  the  yonnff  (mi- 
trioabu).  h.  The  preserration  of  their  health,  and 
treatment  when  diseased  (de  aanitaie). 

t.  The  ninth  and  last  inquiry  (de  manero)  re- 
lates to  the  number  of  flocks  and  herds  which  can 
be  maintained  with  advantage  in  a  given  space, 
the  number  of  individuals  which  it  is  expedient  to 
combine  into  one  flock  or  herd,  and  the  proportions 
to  be  observed  with  regard  to  the  sex  and  age  of 
the  members  of  each  flock  and  herd. 

In  following  the  divisions  and  topics  indicated 
above,  we  omit  the  discussions  on  the  diseases  of 
stock  and  their  remedies,  which  abound  in  the 
agricultural  writers,  and  which  form  the  subject  of 
an  elaborate  treatise  (Mulo-medicina  s.  De  Arte 
Yeterinaria\  bearing  the  name  of  Vegettua^  which 
is  probably  a  translation  or  compilation  from  the 
works  of  the  Greek  Imriarpoi,  or  veterinary  sur- 
geons, executed  at  a  late  period. 

I.  MINORB8  PBCUDXfi. 

^  1.  Sheep  (peeua  ooUlum  s.  omarium)  were  di- 
vided into  two  classes  with  reference  to  their 
wool 

(1.)  Pecua  Urtumy  whose  fleeces  were  not  pro- 
tected artificially. 

(2.)  Peeua  TarenHnum  s.  Pecva  Cfraaeaun  s.  Ovea 
peSilae  s.  (hea  iectaej  whose  fleeces  were  protected 
from  all^  external  injury  by  skin  jackets.  Their 
wool  being  thus  rend^ed  finer,  and  being  more 
easily  scoured  and  dyed,  brought  a  higher  price 
than  any  other. 

Sheep  were  likewise  divided  into  two  classes 
according  as  they  were  home-fed  or  reared  in 
extensive  and  distant  pastures ;  we  first  consider 
them  under  this  point  of  view. 

Home-fed  sheep  (gregea  vittaUei)  were  allowed 
to  pasture  in  the  fields  around  the  fium  during  a 
portion  of  the  year,  wherever  the  nature  of  the 
country  and^  the  system  of  cultivation  pursued 
rendered  this  practicable,  or,  more  frequently, 
were  kept  constantly  confined  in  sheds  (atabula — 
aepta  —  oviUa\  built  in  warm  and  shelt^ed  situa- 
tions, with  hard  floors  sloping  outwards  to  prevent 
the  accumulation  of  moisture,  which  was  regarded 
as  perticuhuiy  injurious  to  both  the  feet  and  the 
fleece.  They  were  fed  upon  cytisus,  lucerne, 
bariey,  and  leffuminous  seeds,  or  when  such  rich 
and  succulent  food  could  not  be  obtained,  on  hay, 
bran,  chaf!^  S'&po  buaks,  and  dry  leaves,  espe- 
cially those  of  the  elm,  oak,  and  fig,  being  at  aU 


62 


AGRICULTURA. 


timet  plentifully  nipplied  with  salt  They  wen 
littered  with  leares  and  twiga,  which  were  fre- 
quenUy  changed,  and  the  pens  were  kept  care« 
folly  dean. 

The  more  nomerotu  flocks  which  were  reared  in 
extensive  pastures  (qui  w  taUiUu  pcuoimtur)  usually 
passed  the  winter  in  the  low  plains  upon  the  coasts 
and  were  driren  by  n^ffolar  drift  reads  (pallet 
publioae)  in  summer  to  3ie  mountains  of  Central 
Italy,  just  as  in  modem  times  yast  droyes  pass 
eyery  autumn  from  the  Abrnza  to  seek  the  more 
genial  clunata  of  Puglia  or  the  BCaremma.  Those 
who  were  employed  to  watch  them  (opSianet) 
being  often  at  a  great  distance  from  home  were 
famished  with  beasts  of  burden  for  transporting 
the  materials  required  in  the  oonstraction  of  folds 
and  huts,  at  their  halting  places,  and  all  the  stores 
necessary  for  themselves  and  their  charge.  The 
sheep  were  usually  collected  every  night  to  secure 
them  against  robbers  and  beasts  of  prey  ;  in  sum- 
mer they  fed  in  the  morning  and  evening,  and  re- 
posed during  the  noontide  heat  in  sheltered  spots, 
while  in  winter  they  were  not  allowed  to  go  out 
until  the  frost  was  off  the  ground.  The  flocks 
were  often  very  numerous,  containing  sometimes 
15,000  head,  one  shepherd  (opUio)  being  allowed 
to  every  five  or  six  score. 

The  breeds  most  prized  by  the  early  Romans 
were  the  Calabrian,  the  Apulian,  which  were  short 
wooUed  (fifvees  viUo\  the  Milesian,  and,  above  all, 
the  Tarentine  ;  but  in  the  time  of  Columella  those 
of  Cisalpine  Gaul  from  the  vicinity  of  Altinum 
(Mart  ziv.  153),  and  those  from  the  Campi  Macri 
round  Parma  and  Mutina  were  especially  es- 
teemed. The  system  of  crossing  was  by  no  means 
unknown ;  for  M.  Columella,  the  uncle  of  the 
author,  produced  an  excellent  variety  by  crossing 
the  iectae  oees  of  Cadiz  with  some  wild  rams  fit>m 
Africa,  and  again  crossing  their  progeny  with  the 
Tarentines.  In  purohasing  stock  attention  was 
always  paid  to  the  localities  where  they  were  to 
be  maintained ;  thus  sheep  of  huge  size  (prooerae 
aves)  were  naturally  deemed  best  fitted  for  rich 
plains,  stout  compact  animals  (quadratae)  for  light 
hilly  soils,  and  the  smaller  kinds  (exiguaa)  for 
mountainous  regions,  just  as  in  this  country  the 
Lcicesters  are  kept  with  greatest  advantage  in  the 
low-lying  luxuriant  pastures  of  Lincolnshire, 
Cheviots  in  the  gmss  hills  from  which  they  derive 
their  name,  and  the  black-fiioed  on  the  lofty  moun- 
tains of  Wales  and  Scotland.  As  to  colour,  pure 
white  was  most  sought  after ;  but  certain  natural 
tints,  such  as  the  dark  grey  (  puUMt\  which  distin- 
guished the  flocks  of  Pollentia  in  Liguria  (fyudque 
ferca  PoUaitia  vittt,  Silius,  viiL  599),  the  yel- 
lowish brown  (fiuou)  in  those  of  Corduba  (so 
often  celebrated  by  Martial,  v.  37,  viiL  2.  8,  ix. 
62,  xiv.  188 ;  compi  Juv.  xii.  40),  and  the  red 
brown  (rtAer)  in  some  of  the  Asiatic  varieties, 
were  highly  prized. 

The  points  characteristic  of  a  ffood  animal  and 
the  warrant  usually  required  of  the  seller  will  be 
found  fully  detailed  in  Varro  (ii.  2)  and  Columella 
(viL  2,  3). 

Those  which  were  smooth  and  bare  under  the 
belly  (ventre  glabro\  anciently  called  apieaey  were 
always  rejected,  and  particular  care  was  taken  that 
the  fleece  of  the  ram  should  be  perfectly  pure,  or 
at  least  uniform  in  colour,  his  tongue  idso  being 
examined  in  order  to  ascertain  that  it  was  not 
bhttk  or  qwttedy  smce  such  defects  would  have 


AGRICULTURA. 

been  transmitted  to  his  progeny.  (Vngi.  Cfeory.  iS 

887 ;  Colum.  vii  3.) 

Ewes  were  not  considered  fit  for  breeding  until 
they  were  two  years  old,  and  they  continued  U 
produce  until  they  had  reached  the  age  of  seven : 
rams  (arietea)  were  believed  to  be  in  Tigour  from 
three  years  old  until  eight    The  moat  &yoMirablc 
period  for  impregnation  in  the  case  o£  ewes  that 
had  not  previoiuly  brought  forth,  waa   the  latter 
end  of  April,  about  the  Palilia  (21st  April)  ;  for 
others,  from  the  setting  of  Arcturus  (1 3th  May)  to 
the  setting  of  the  Eagle  (23d  July)  ;  and,  since  the 
period  of  gestation  was  about  150  days,  the  earliest 
lambs  (affnij  agnae)  would  be  yeaned  in  Septem- 
ber, the  latest  about  the  middle  of  December,  these 
being,    as  was  remarked   by  Celsos,    the    only 
animals  produced  with  advantage  in   midwinter. 
Ewes  when  about  to  lamb  (indeniee)  w«re  placed 
apart,  constantly  watched,  and  assisted  in  parturi- 
tion.   As  soon  as  they  had  brought  forth,  Uie  first 
milk  which  was  of  a  thick  consistence,  and  called 
eolottroj  was  carefully  withdrawn,  being  considered 
injurious  in  all  animala,  and  productive  of  a  disease 
named  ooloetraHa,     The  lambs  were  now  tended 
with  the  greatest  solicitude,  were  generally  kept 
in  the  house  near  a  fire  for  some  £kys,  were  not 
allowed  to  go  forth  to  pasture  for  a  considerable 
time,  but  were  partially  reared  by  the  hand  on 
the  most  tender  and  nourishing  food,  being  finally 
weaned  at  the  a^  of  four  months.     Those  laml» 
which  were  earned  in  the  womb  longer  than  the 
regular  time  were  termed  chordi  ;  those  bom  late 
in  the  season,  sero^im  /  those  which,  in  consequence 
of  their  mothers  being  unable  to  supply  milk,  were 
suckled  by  others,  mibnmi.  Castration  was  not  per- 
formed upon  such  as  were  intended  for  wethers 
(^oerveoee)  until  five  months  old.     The  males  set 
apart  to  supply  the  deficiencies  in  the  breeding 
flock  (<mo»  anetes  eubmittere  volunt)  were  selected 
firom  tne  progeny  of  such  ewes  as  usually  gave 
birth  to  twins,  those  which  were  polled  (mtUiU) 
being  preferred  on  the  whole  to  those  with  horns 
(eomuH), 

The  management  of  ores /Mfft&w  differed  from  that 
of  the  ordinary  ffreges  tnUatid  merely  in  the  amount 
of  care  with  which  they  were  tended.  They  were 
fiimished  with  an  ample  supply  of  the  most  nu- 
tritious food,  each  individual  receiving  daily  in 
winter  three  sextarii  (pints)  of  barley  or  of  beans 
crushed  in  their  pods  (fresae  cum  suie  valrtJit 
/hbae\  in  addition  to  hay,  lucerne,  dry  or  green 
cytisus,  and  other  fodder.  Their  stalls  were 
usually  paved  with  stone,  and  kept  scrupulously 
clean  ;  they  seldom  left  the  house,  and,  when  al- 
lowed to  pasture,  it  was  looked  upon  as  essential 
that  the  ground  should  be  fi*ee  from  bushes  and 
briars  of  every  description  which  might  tear  their 
fleece  or  its  covering.  The  jackets  were  frequently 
taken  off  to  cool  the  animals,  the  wool  was  combed 
out  at  least  thrice  a  year,  and  well  washed  and 
annointed  with  oil  and  wine.  The  wethers  were 
killed' at  two  years  old,  their  skin  being  then  in 
perfection. 

Sheep-shearing  (Ummra)  commenced  in  warn 
districts  in  April ;  but  in  cold  situations  was  de- 
ferred until  the  solstice.  A  fine  day  was  chosen, 
and  the  operation  was  performed  before  the  sun  had 
attamed  to  its  full  power,  in  order  that  the  sheep 
might  not  be  hot  and  the  wool  not  moist  The  most 
carefiil  placed  a  rug  under  the  animal  (tegeticnJii 
mbjectit  oves  Umdere  talent)  that  no  portion  of  the  dip 


AGRICULTURA. 

nfat  be  krt  tr  damaged  (m  9M  JUteti  imierMmfy, 
Tke  w«]y  ithen  fresh  ahom  and  atiU  impregnated 
vitk  the  mat  oi  the  animal,  waa  adkd  fana 
'  the  ileeoea  whien  rolled  op  were  tenned 
or  mfaiiaii,  Owe  JUrtae,  when  afaoni, 
I  jewrdairriy  amearad  with  wine  and  oil,  to 
which  white  wax  and  hog^  lard  were  occaaion- 
alh^  added  ;  while  the  jaeketi  o£  the  eeet  peU 
mm  were  aneiBted  vith  the  aame  mixtore,  and 
thaicplaoBd  oq  the  aaiimala.  Initead  of  this, 
aoae  rabbed  in  a  waah  cooipoaed  of  equal  parta  of 
haisi  hipiae  jaifi^  leeo  of  old  wine,  and  amurca. 
Aaraaaaid  inflirtH  diiziiw the prooeae waa dieeaed 
wnL  lir  (jnm  K^pddd).  On  the  fourth  day  they 
wcR  bedMd,  if  poeaihiey  in  the  eea ;  if  not,  in  xain- 
vitff  amced  whh  aah.  In  Spain  and  aome  other 
^aea  it  waa  rHetemaiy  to  ahear  the  aheep  twioe  a 
joz,  BDder  the  bdief  that  the  additional  laboor 
vas  nore  than  cempcnaated  by  the  uicnaaedqaan- 
tirf  ef  woeL  The  ancient  practice  of  plucking  the 
wii.  xaafeead  o£  ahearing  it,  atiQ  lingaed  in  certain 
dooicta  eten  when  Pliny  wrote.  (Vair.  vL  1*  §  5, 
16,  *20,  ii  2  ;  Coloaa.  L  Praet  f  26,  til  2,  3,  4, 
ii.2L  SU  ;  Plin.  H.  N.  Tiii.  47,  48  ;  Pallad.  a 
IS,  T.  7,  li.  8,  TiL  6,  TiiL  4,  xiL  13.) 

2L  Ooala  (jujuaa  eoprauon)  were  divided  into 
t«o  rlnaipe,  die  juaaa  midilnm  U  ror^pibai,  the 
poGed  and  thin  fanired,  and  the  ^eaae  oormOKm 
et  jdbean,  the  homed  anid  ahaggy ;  but  there  doea 
aot  appear  to  hawe  been  any  difference  in  the  mode 
of  learing  than,  nor  indeed  dtf  they  aeem  to  have 
beea  kepi  diatinct  ;  bat  it  waa  oooaidered  adiia- 
ahle  that  the  old  he-goat,  the  dmx  grtgU^  ahoold 
be  wfihf,  becanae  he  waa  then  leaa  tnmbleaome 


AGRICULTURA. 


€1 


\  ehanicteriatic  of  a  good  animal  will 
be  iMBd  eanmeiated  in  Vano  (ii.  3,  §  2 — 5)  and 
a  Cofaandla  (til  6).  The  moat  high  bred  had 
alv^t  twe  lang  flapa  of  akin  {verrmcmlaa^  lacunae) 
depndiag  firam  the  throat  One  peculiarity  ooo- 
nected  wkh  aalea  araa  that  they  were  never  war- 
BBted  in  good  health,  for  they  were  believed  to 
be  alwi^  more  or  leaa  labouring  under  fever. 

The  Biaaagement  of  goata  waa  in  moat  reapecta 
the  aame  aa  that  of  aheep,  except  that,  although 
iatidpnint  of  froat  and  cold,  they  throve  better  in 
BMBataaiooa  caggy  ground  or  among  copeewood, 
vhae  they  brouacd  with  great  eagemeaa  on  the 
jsag  twigs,  than  in  open  giaaay  ]daina.  Both 
feaa  their  wandering  natore  and  their  liability  to 
emaaet  i1infin«n  whoi  crowded  in  pena,  not  more 
tkaa  fifty  were  kept  together  in  a  ilock  under  the 
cbanre  of  the  aame  goatherd  (oyrwww),  the  pro- 
pntjon  of  one  nude  {eaper^  Ureiu)  to  about  fifteen 
leaaka  (ei^wue,  eapdk»)  bdng  commonly  ob- 
icrfed. 

When  in  atadb  (oaphZia)9  the  aloping  floor  waa 
aaally  finmed  oat  of  the  native  rock  or  paved 
TTTth  naooth  atonea,  for  no  litter  waa  placed  be- 
neath their  foet.  The  booaea  were  awept  out 
daOy :  and  it  vraa  deemed  eiaential  to  their  health 
tbat  no  moisture  or  dirt  of  any  kind  should  be  al- 
lowed to  accamolate.  The  ahe-goat  waa  capable 
of  breeding  fiom  one  year  old  until  eight ;  but  the 
prageoy  of  a  nother  under  three  yeara  old  were 
not  worth  keeping  permanently,  bnt  aold  off.  The 
kit  tioie  for  impregnation  waa  the  end  of  autumn; 
he  the  period  of  gestation  being  five  montha,  the 
Ibds  {hoadi)  were  thus  bom  in  apring.  If  the  dam 
vsi  of  a  good  stock,  she  generally  produced  two  or 
evea  three  at  •  Urth^  which  were  weaned  at  the 


end  of  three  months,  and  then  tianslened  at  onoa 
to  the  flock  {mAmiihaUur  et  at  grtge  irndpimU  e$m\ 

The  hair  {pii*)  oi  goata  waa  ahom  or  plucked 
(eeproi  eeUere  ia  the  technicaJ  phraae)  out  regu- 
krly,  and  uaed  in  the  manufiactnre  of  coarw  atuffii 
(anna  ta  eatinrmm  U  mi$eru  mkmnma  wamiiU^^^ 
piUm  mmutnmt  ad  mamm  mauHemm  H  ad  bettiea  tor- 
oMato).  The  dotha  woven  from  this  ■n^^^r'fl 
were  termed  CSZioia,  beoaase  the  goata  in  the 
aouthcm  and  eentnl  provinoes  of  Asia  Minor,  like 
the  modem  Angora  spedes,  were  resHrfcable  for 
the  length  of  their  hair.  (/«  CUada  eiroaqm 
Syriet  tiUo  tommU  veatumtmr^  are  the  words  of 
Pliny,  who  here  allodes  to  the  ^oats  from  the 
Cinyps  in  Libya,  the  **  Cinyplui  bird  ^  of  ViigiL) 
(Colum.  i  PraeC  §  26,  vii.  6  ;  Plin.  H.  M  viiL 
50  ;  PaUad.  xiL  13  ;  Varr.  iL  3,  iL  1.  f  5.  28.) 

S.  Swine  (peems  millmm)  were  divided  into  two 
classes,  the  me§  dmaae^  usually  bfa^k  in  coloor, 
thickly  covered  with  bristles ;  and  the  saet  gUArm^  ' 
generally  white,  and  compantivdy  amooth;  bnt 
there  aeema  to  have  been  little  dificnnce  in  the 
management  of  the  two  breeda,  except  that  the 
fiirmer  waa  the  more  hardy. 

The  pointa  chareeteriatie  of  a  good  animal,  and 
the  wairanly  naoally  required  by  the  porehaaer, 
will  be  found  in  Varro  (ii.  4),  CdameUa  (vii.  9), 
and  PaDadius  (iiL  26). 

Daring  a  great  portion  of  the  year,  wherever  it 
was  pn^icable,  they  were  driven  out  to  feed  eariy 
in  the  momiqg  in  woods  where  acoms,  beech- 
mast,  wild  fruits,  and  berries  abonnded  ;  and  in 
the  middle  of  the  day  they  reposed,  if  possible,  in 
swampy  ground,  where  they  had  not  only  water 
but  mud  also  wherein  to  wallow ;  in  the  cool  of 
the  evening  they  fed  again,  were  taught  to  assemble 
when  the  swineherd  {nbidau)  sounded  his  honi, 
and  were  then  driven  home  to  the  form.  In  winter 
they  were  not  allowed  to  go  forth  when  frost  was 
hard  upon  the  ground.  When  kept  in  the  honae, 
their  chief  fi)od  was  acoms,  or  when  the  supply  of 
these  felled,  beans,  barley,  and  other  kinds  of  grain 
and  pulae.  The  number  in  each  herd  varied  fiwm 
100  to  150,  or  even  more,  according  to  drcum- 
atancea  and  the  meana  of  the  proprietor,  and  the 
proportion  of  one  boar  to  ten  aows  waa  usnaHy 
observed. 

The  sows  were  not  considered  fit  for  breeding 
until  upwards  of  a  year  old,  and  continued  prolific 
to  the  age  of  seven  ;  boars  (eerref)  were  in  foil 
vigour  firom  one  year  old  till  four ;  the  best  time 
for  impregnation  was  from  the  middle  of  February 
up  to  the  vernal  equinox,  the  period  of  gestation 
was  four  months,  and  the  pigs  being  weanied  at  the 
end  of  two,  a  double  ferrow  might  be  procured  in 
a  year. 

Each  breeding  sow  (jurofa)  brought  up  her  pigs 
{poreus^  jwfco,  poredhu)  in  a  separate  stye  (Aara), 
oonstracted  in  such  a  manner  that  the  superintend- 
ent (oM^ot,  porcuUdor)  might  easily  see  into  the 
interior  and  thus  be  prepared  to  relieve  the  progeny, 
which  were  in  ccnstant  danger  of  being  crushed  by 
the  weight  of  the  mother  who  was  supposed  to 
bring  forth  as  many  young  as  she  had  teats,  and 
was  capable  of  auck&ig  eight  at  first,  but  when 
they  increaaed  in  sise  it  was  deemed  advisable  to 
withdraw  one  half  of  that  number.  Sucking  pigs 
QactaUea)  when  ten  days  dd  were  accounted  pure 
for  sacrifice,  and  henee  were  anciently  termed  aaerea; 
after  the  suckling  time  (naerieotea,  porcu^o^),  whidi 
I  hiated  two  months^  waa  over,  they  were  denomif 


64  AGRICULTURA. 

nated  deHdj  and  Bometimes  n^rendes,  because  not 
yet  able  to  crunch  hard  food.  The  males  not  re« 
served  for  breeding  were  castrated  when  from  six 
to  twelve  months  old,  and  were  then  termed 
fttajalei.  (Varr.  iL  4  ;  Colom.  vii.  9,  Prae£  L 
§  26  ;  Plin.  H.  N,  viu.  61  ;  PaUad.  iv.  26.) 

^.    Majorbs  Pkcudxs. 

1.  Kine  (pecus  bubuUtm^  armenlum  bubuhtm) 
were  divided  into  classes,  according  as  they  were 
kept  at  home  and  employed  in  the  labours  of  the 
fiajnn  (boves  domm\  or  pastured  in  huge  herds 
(armanto). 

Bonet  (kmiti,  wherever  the  nature  of  the  soil 
and  the  mode  of  culture  pursued  permitted,  were 
allowed  to  pasture;  since  growing  grass  (virids 
pabulum)  was  considered  the  most  suitable  of  all 
food  ;  when  this  could  not  be  supplied,  it  became 
necessary  to  stall-feed  them  {alen  ad  pmeaepia)  ; 
'but  they  were  allowed  to  stand  in  the  open  air 
during  the  hot  weather,  while  in  winter  they  were 
kept  in  spacious  byres  (ttabula,  cotuepta)  built  with 
a  southerly  aspect  so  as  to  be  sheltered  from  cold 
winds,  the  floors  being  hard  and  sloping  to  prevent 
moisture  from  being  absorbed,  and  to  allow  it  to 
run  off  freely,  while  to  promote  the  warmth  and 
comfort  of  the  animals  they  were  bedded  with 
abundance  of  litter  (ttrametUum  peeori  et  btdmt 
diUgmttr  tubstemattar^  Cat.  5.),  usually  straw,  or 
leaves,  such  as  those  of  the  ilex,  which  were  sup- 
posed to  yield  little  nourishment  Their  staple 
food  from  the  middle  of  April  until  the  middle  of 
June  was  vetches,  lucerne,  clover,  and  other  fodder 
cut  green  ;  from  the  middle  of  June  to  the  begin- 
ning of  November  the  leaves  of  trees,  those  of  the 
elm,  the  oak,  and  the  poplar  being  regarded  as  the 
best ;  from  the  beginning  of  November  until  April 
meadow  hay  (foenum  prat&iue\  and,  where  hay 
could  not  be  procured,  chaff^  gi^p®  husks,  acorns, 
and  dry  leaves  were  substituted  mixed  with  barley, 
or  with  some  of  the  leguminous  seeds,  such  as 
beans,  lupines,  or  chick-peas  previously  steeped  in 
water  (nKu»raiae\  or  crushed  (Jresae),  When  an 
ox  was  fed  upon  hay,  from  30  to  40  pounds  weight 
(Roman  pound  =  111  oz.  avoird.)  was  an  ample 
allowance,  except  dunng  the  months  of  November 
and  December,  that  is,  during  the  ploughing  and 
sowing  season,  when  they  received  firom  the  feeder 
(palnUatoHus)  as  much  food  of  the  most  nutritious 
kind  as  they  could  consume.  Liunps  of  salt  placed 
near  the  coruepta  proved  very  attractive  to  the 
animals  and  conduced  to  their  health. 

Large  herds  were  pastured  chiefly  in  woods 
where  there  was  abundance  of  grass,  leaves,  and 
tender  twigs,  shifting  to  the  coast  in  winter  and  to 
the  cool  shady  hills  in  summer,  under  the  charge  of 
herdsmen  (armaitorit),  a  dass  altogether  distmct 
from  the  bubulcL,  or  hinds,  who  woricedand  tended 
the  bovet  domesticL  The  common  number  in  a  herd 
was  from  100  to  120,  the  animals  were  carefully 
inspected  every  year,  and  the  least  promising  (n^- 
eidae)  weeded  out  The  proportion  of  two  bulls,  a 
yearling  and  a  two-year  old,  to  60  or  70  cows  was 
usually  observed,  but  CSolumella  doubles  the  num- 
ber of  males.  The  Umbrian  oxen,  especiaUy  those 
on  the  Clitumnus,  were  the  largest  and  finest  in 
Italy  ;  those  of  Etrnria,  Latium,  and  Gaul  were 
smaller,  but  strongly  made  and  well  adapted  for 
labour ;  those  of  Thrace  were  valued  for  sacrificial 
poiposes  in  consequence  of  being  for  the  most  part 
pore  white ;  but  the  cattle  of  Epiros,  the  most  im- 


AGRICULTURAL 

portant  pastoral  district  of  the  Roman  worid,  wcm 
superior  to  all  others. 

The  points  characteristic  of  a  good  animal,  and 
the  warranty  usually  demanded  by  the  buyer,  will 
be  found  fuUy  detailed  in  Varro  (ii  5),  in  Colu- 
mella, who  here  copies  the  description  of  the  Car- 
thaginian Mago  (vi  1,  20,  21),  and  in  Palladius 
(iv.  11,  12). 

Cows  {vacoae)  were  not  fit  for  breedmg  until 
they  were  upwards  of  two  years  old,  and  they  con- 
tinued to  produce  until  they  had  readied  the  age 
often.    Considerable  variation  is  to  be  found  in 
the  agricultural  writers  as  to  the  age  at  which  the 
bulls  arrived  at  full  vigomr,  Varro    considering 
that  they  might  be  employed  when  a  year  old. 
Columella   and    Pliny  recommending  that   they 
dionld  be  kept  until  four.     The  fonner,  however, 
is  the  precept  of  the  practical  man,  and  is  con- 
sonant with  modem  experience.     The  time  of  ges- 
tation being  neariy  ten  (lunar)  months,  the  most 
favourable  period  for  impregnation  was  from  the 
middle  of  June  to  the  end  of  July,  for  thus  the 
calves  (vitmli)  would  be  bom  when  spring  was 
well  advanced  (maturo  vere).    When  parturition 
was  approachmg,  the  pru|;nant  cow  (korda  vacoa) 
was  carefully  watched,  fed  richly,  and  protected 
from  the  awaults  of  the  gad-fly  and  other  tor- 
menting assailants  ;  the  calf  for  some  time  afler  its 
birth  was  allowed  to  suck  freely,  but  as  it  in- 
creased in  strength  was  tempted  with  gieen  food, 
in  order  that  it  might  in  some  degree  relieve  the 
mother,  and  after  six  months  had  elapsed,  was  fed 
r^vhirly  with  wheat  bran,  bariey  meal,  or  tender 
grass,  and  gradually  weaned  entirely.     Castratiaa 
was  performed  at  ihe  age  of  two  yeani     The  vi- 
tuli  intended  for  labour  were  to  be  handled  (tntc- 
ton)  from  an  early  age  to  render  them  tame,  but 
were  not  to  be  broken  in  to  work  (demon)  before 
their  third,  nor  later  than  their  fifth  year.     The 
method  of  breaking  (domiiura)  those  taken  wild 
from  the  herd  is  fully  described  by  Columella 
(vL  2),  and  PaUadius  fixes  the  end  of  March  as  the 
time  most  impropriate  for  oommendng  the  opem- 
tion.    The  members  of  a  herd,  acoudii^  to  age 
and  sex,  were  termed,  Fitebtt,  VtUUa ;  Jucenau^ 
Jvnenea;    Bos   novdUu^   BwaihtM :    Boi   wtuba, 
Tattfusj  Vaooa  ;  a  bairen  cow  was  named  Taura, 
(Cat  5,  80  ;  Varr.  iL  1, 6 ;  Colum.  vi.  1—3,  20— 
24  ;  Plin.  H.  iNT.  viil  46  ;  PaUad-  iv.  11, 12,  vi.  7, 
viiL  4.) 

2.  Horses  (pteus  equinmn  s.  emUtium,  amuiUMm 
emtinum)  are  divided  by  Columella  into  Genenti, 
blood  horses ;  Mularet^  horses  adapted  for  breeding 
mules  ;  Ft^^xres,  ordinary  horses. 

The  points  of  a  horse,  the  method  of  ascertaining 
his  age  up  to  seven  years  old,  and  the  warranty 
usuaUy  given  by  the  seller,  are  detailed  in  Varro 
(ii.  7.  §  4,  5,  6  )  in  Columella  (vi  29),  and  in 
PalUdius  (iv.  13). 

Horses  either  pastured  in  gnus  fields  or  were  fed 
in  the  stable  upon  dry  hay  (m  ttabuli*  aepraem- 
pUnu)^  to  which  barley  was  added  when  the  ani- 
mal was  required  to  undergo  any  extraordinary 
fiitigue.  Brood  mares  were  frequently  kept  in 
large  troops  which  shifted,  like  sheep  and  oxen, 
firom  the  mountains  to  the  coast,  according  to  the 
season  ;  two  mounted  men  being  attached  to  each 
herd  of  fifty.  The  mare  {equa)  was  considered  fit 
for  breeding  at  two  years  old,  and  continued  pro- 
lific up  to  the  age  of  ten ;  the  stallion  (admutaritu) 
remained  in  vigour  fhnn  three  yean  old  imt3 


AORICULTURA. 
msfr,  fart  wlwo  joap  wu  limited  to  twdTe  or 
£&ea  females.  The  period  of  gegtalion  beli^ 
twdre  Imtar  aeoths  and  ten  da ji^  the  beat  time  for 
bafngmtim  anas  fbom  the  Teniil  equinox  to  the 
■azamer  ■oiatice,  ainee  partoritioii  vould  then  take 
pbee  dazhy  the  moat  fitTooimble  waaon.  High 
bred  aaies  were  not  allowed  to  prodaee  moie  than 
«»e  in  tvo  jean.  Ten  daya  after  birth  the  faal 
{pmBm  uyiiBi,  ■^■■faap)  waa  permitted  to 


paay  ito  dam  to  paataze  ;  at  thease  of  five  montha, 
it  «at  caatomacy  to  begin  fiseding  Uien  arith  bariej- 
■eal  and  baa,  and  when  a  year  old,  with  pbun 
^^^mwn^  barley  ;  bvt  the  beat  colts  were  allowed 
t»  coatiBBe  aadmig  imtil  they  had  eompleted  two 
T«ars  and  at  three  years  they  were  broken  in  for 
^  tafl  ts  which  tbey  were  destined,  whether  for 
nd^  (md  ewnmramy,  for  draqght  (ad  rkedam)^ 
f=st  canying  borthena  (orfcecteroai),  or  for  militaiy 
■rrice  {ad  fpi^>pimm\  bat  they  were  notngnkriy 
vtaked  antQ  fonr  oft 

fiaceaad  war  bonea  were  notcastiated ;  hot  the 
Rpoation  waa  freqfoently  performed  on  those  des- 
cjxd  kr  the  rand,  bm  the  connction  that  the 
m\  while  leas  bold  and  spirited  was 


Bd£ng(am«n 


(* 


It  is  to  be  observed  that  horses  were,  and  in- 
df«d  are,  Tsy  titSie  used  for  agrieoltsral  purposes 
b  Iisly  asid  Sonthcm  Eorope,  the  ordinary  toils 
'!«^  canied  on  afanoat  exdnsirely  by  oxen,  and 
^^eoce  they  never  were  by  any  means  objects  of 
asch  goKnl  interest  to  the  fonner  as  among  oor 


We  may  icmadc  that  Vario,  ColmneUa,  and 
naay  other  writera,  repeat  the  absurd  story  em 
fafli^ed  bj  the  poetzy  of  Viigil,  that  mares  in 
trme  districts  of  Spain  beeame  pregnant  by  the 
i  of  a  pardcalar  wind,  adding  that  the  eolts 
1  in  this  rnanwt^  did  not  live  beyond  the 
ue  cf  three  yeais.  (Varr.  L  Prae£  §  26,  ii  1. 
§  la,  7.  i  7  ;  Colom.  vi  27,  29  ;  Plin.  H.N.ym. 
42  :  FsDad.  if.  IS.) 

X  Astea  (asasM,  osuia)  were  divided  into  taro 
cfaaes,  the  Gmma  mamnmhtm,  or  eonunon  domestic 
^Bodraped  (asiaaa,  amihu),  and  the  Gmiujemm^ 
t^e  viU  ass  (oasq^,  oao^ras),  which  was  common 
m  Phrygia  mid  Lycaonia,  was  eaafly  tamed  and 
Bide  aa  excellent  craas. 

The  mast  celebrated  breeds  were  those  of  Ar> 
esdn  and  of  Beate.  The  ktter  was  so  hirhly  ea- 
leemed  in  the  tinm  of  Varro,  that  a  single  indi- 
ndail  of  this  atodc  had  been  Imown  to  feteh  sixty 
ttaassnd  sesterces  (ahont  5002.  sterling),  and  a 
t«m  of  fonr,  as  maeh  as  four  hundred  Ukouaand 
(sfvards  of  334NK.  steilmg).  Such  animals  were 
«f  eomie  delicatdy  niirUiffil,  being  fed  chiefly  upon 
fv  sad  barley  bnn  (Jurfwrf  ordeaeei).  The  infe- 
nar description  of  aaaes  (auaoraasfiKf)  were  valued 
bv  tencrs  becaoae  they  were  very  hardy,  not 
sahject  to  disease,  capable  of  enduring  much  toil, 
required  little  food  and  that  of  the  coarsest  kind, 
mA  as  the  leaves  and  twigs  of  thorny  shrubs,  and 
oidit  be  nnde  aerviceable  in  various  ways,  as  in 
eanyii^  boidena  (aaeUi  dosmarU)^  toming  com 
aufis  and  even  in  plonp^hing,  where  the  soil  was 
MC  itiC  The  time  of  unpregnation,  the  period  of 
IHtaliea,  and  the  mam^ement  of  the  foals  (pulU), 
wot  the  sane  aa  in  hones.  Ther  were  seldom 
keftiasafioent  numbers  to  form  a  herd.  (Varr.  iL 
1.114,  iL(L;  Colam.Tii.1  ;  Plin.  ff.  JNT.  viii.  43 ; 
PkU.iv.14.) 


AGRICULTUAA.  $$ 

4.  Moles.  JIfafasand  ^a&i  wen  the  general 
terms  for  the  hybrid  between  a  hoTK  and  aa  am, 
but  in  practice  a  distinction  waa  drawn  between 
Afa^'  and  HiimL  ffmm  were  the  progeny  of  a 
stallion  and  a  she  am,  MmH  of  a  male  am  and  a 
mare.  The  huter  were  laiger  m  proportion,  and 
more  esteemed  than  the  former.  A  eroas  some- 
times was  formed  between  the  mare  and  the  ou^er 
as  a  matter  of  cariosity. 

Uncommon  care  was  taken  by  breeders  of  mnlea 
in  the  selection  of  the  parents.  A  strong  hige- 
boned  mare,  powerful  rsther  than  swift,  was  usu- 
ally chosen.  The  male  asses  at  their  birth  were 
removed  from  their  mother,  suckled  by  mares, 
reared  upon  the  moat  nourishing  food  (hay  and 
bariey),  and  attained  to  foil  vigour  when  three 
years  cJd.  A  good  admiisarius  from  Aradia  or 
Reate  waa  worth  from  thir^  to  forty  thousand  sca- 
tercea  {250L  to  33(ML  steriing).  The  period  of 
gestation  waa  observed  to  be  a  little  loigtr  tkn 
in  the  case  of  the  pure  horse  or  aas,  extending  to 
thirteen  lunar  months  ;  in  all  other  respects  their 
habita,  and  mode  of  sale  were  tlie 

The  great  use  of  mules  was  in  drawing  travelling 
triages  (kiaoB  emm  bmu  eo^jmetJB  ooana  ca- 
Uemla  m  tm$  dmamhir);  they  were  also  employed, 
like  asses,  in  carrying  burdens  upon  pack  saddlea 
{diUUae\  and  in  ploughiqg  tight  land.  The  foier 
kinds,  when  kept  in  herds,  were  driven  m  summer 
from  the  rich  phuns  of  Romu  on  the  Velmus  to  the 
Montes  Guigurea.  (Varr.  iL  1.  $  16,  iL  8  ;  Colum. 
vi.  36,  S7  ;  Plin.  H,N,  viiL44  ;  Pallad.  iv.  14.) 

III. 

1.  Dogs  (eoBSf)  were  divided  into  three  classes : 
o.  Qnec  FiOaUks,  watch-dogs,  whoae  office  was  to 
guard  form-houses  against  the  aggressions  of  thieves. 

&.  Cfanec  Paatorala  s.  Cbaet  FeeHartt,  to  protect 
the  flocks  and  herds  from  robbers  and  wild  beasts. 
Each  opilio  was  ^erally  attended  by  two  of 
these,  equipped  with  spiked  coUars  (sieflma),  to 
serve  as  a  defence  in  their  encounters  with  wolves 
and  other  adversaries. 

e.  Cbaec  Vemtiiei,    Sporting  di^ 

VaiTo  and  Columella  describe  minntdy  the 
points  of  the  first  two  dasses,  with  which  alone  the 
former  was  concerned,  and  these  seem  to  be  iden- 
tical with  the  animals  employed  for  the  same  pur- 
pose at  the  present  day  in  the  Abrusri.  They 
were  fed  upon  bariey  meal  and  whey,  or  in  phtces 
where  no  cheese  was  made,  on  wheaten  bread 
moistened  with  the  warm  liquor  in  which  beans 
had  been  boiled.    (Varr.  iL  9 ;  Colum.  viL  12.) 

2.  Feeders  (jNiifofw). 

The  flocks  and  herds  which  fed  in  the  imme- 
diate neighbourhood  of  the  forms  were  usually 
tended  by  old  men,  boys,  or  even  women ;  but 
those  which  were  driven  to  distant  and  moun- 
tainous pastures  were  placed  under  the  care  of 
persons  in  the  vigour  of  life,  who  always  went  well 
armed  and  were  accompanied  by  beasts  of  burden 
(JMsiaato  rfotiMana),  carrying  all  the  ^ipanitus  and 
stores  required  during  a  protracted  absence  ;  the 
whole  body  of  men  and  animals  being  under  the 
command  of  an  experienced  and  trustworthy  in-, 
dividual,  styled  Magitt&r  Peeorit^*  who  kept  all 
the  accounts  and  possessed  a  competent  knowledge 
of  the  veterinary  art. 

We  may  conclude  this  part  of  the  subject  with 
a  few  words  upon  the  management  of  dmry  pnH 


$$ 


AORICULTURA. 


dace,  which  was  treated  ai  a  distinct  science 
(rvpowoita)  by  the  Greeks,  who  wrote  many 
treatises  upon  the  topic 

Cheese-making  coomienced  in  May,  and  the 
method  followed  by  the  Romans  was  substantially 
the  same  as  that  now  practised.  The  milk  un- 
skimmed was  used  as  fresh  as  possible,  was  slightly 
warmed,  the  rennet  (coagulatm)  was  then  added ;  as 
soon  as  the  curd  formed,  it  was  transferred  to  baskets 
(JtMoeUat^  ealaiki)  or  wooden  chesets  (^ormae) 
perforated  with  holes,  in  order  that  the  whey 
(96rum)  might  drain  off  quickly,  and  was  pressed 
down  by  weights  to  hasten  the  process.  The  mass 
was  then  taken  out  of  the  frame,  sprinkled  with 
salt,  and  placed  upon  a  wicker  crate  or  wooden 
board  in  a  cool  dark  place  ;  when  partially  dried, 
it  was  again  pressed  more  powerfully  than  before, 
again  salted  and  again  shelved, — operations  which 
were  repeated  for  several  days  until  it  had  required 
a  proper  consistency.  It  might  be  flavoured  with 
thyme,  with  pine  cones,  or  any  other  ingredient, 
by  mixing  the  condiments  with  the  warm  milk. 

The  rennet  or  coagulum  was  usually  obtained 
from  the  stomach  of  the  hare,  kid,  or  Iamb  (poc^u- 
ktm  leporinum,  koedinuMy  agninum\  the  two  former 
being  preferred  to  the  third,  while  some  persons 
employed  for  the  same  purpose  the  milky  juice 
expressed  from  a  fig-tree  branch,  vinegar,  and  a 
variety  of  other  substances. 

The  cheeses  from  cows*  milk  (ooset  bulntU)  were 
believed  to  contain  more  nourishment,  but  to  be 
more  indigestible  than  those  from  ewes*  milk  {easei 
ovilli)  ;  the  least  nourishing  and  most  digestible 
were  those  from  goats*  milk  {easei  eapn'nt),  the 
new  and  moist  cheeses  in  each  case  being  more 
nourishing  (moffis  aUbiles^  and  less  heavy  (in 
carport  no*  rendtd)^  than  those  which  were  old 
and  dry. 

Butter  is  mentioned  by  Varro  (iL2.  §  16),  but 
seems  to  have  been  scarcely  used  as  an  article  of 
food  (Varr.  iL  1.  §  28.  11  ;  Colum.  viL  8  ;  Plin. 
H,  N.  XL  96,  xxiv.  93,  xxv.  39,  xxviii,  34  ;  Pal- 
lad,  vl  9). 

fi.   VILLATICA  PASTIO. 

ViUaticae  Pastiones^  from  which  many  persons 
towards  the  close  of  the  republic  and  under  the 
empire  derived  large  revenues,  were  separated  into 
two  departments,  according  to  the  names  given  to 
the  buUduigs  or  enclosures  adapted  to  the  different 
animals:  — 

I.  Aviaria  s.  OnUtitanes, 
II.   Vivaria, 

I.  Aviaria  s.  Ormtkonet,  in  the  most  extended  ac- 
ceptation of  the  term,  signified  receptacles  for  birds 
of  every  description,  whether  wild  or  tame^  terres- 
trial or  amphibious,  but  it  is  frequently  and  con- 
reniently  employed  in  a  more  limited  sense  to  de- 
note the  structures  formed  for  birds  caught  in  their 
wild  state  by  the  fowler  (otfogot),  from  whom  they 
were  purchased,  and  then  shut  up  and  sold  at  a 
profit  after  they  became  fieit 

In  this  way  we  may  distinguish  between,  a. 
Chhors  in  piano,  6.  Columbarium,  c.  Omitfum,  of 
which  the  first  two  only  were  known  to  the  earlier 
Romans. 

a.  Ooltan  m  pkmo,  was  the  poultiy-yard  in- 
dndlng  the  houses  and  courts  destined  for  those 
domestic  fowls  which  were  bred  and  fed  on  the 
fium,  and  which  were  ncpt  able  or  not  permitted  to 
'fly  abroad.    Of  these  the  chief  were,  1.  Bam- 


AORICULTURA. 

door  fowls  or  chickens  (^o2Zma«).  2.  Ghilnea  Ib^ 
(ffoUinae  Numidicae  s.  AJrioanae).  2i.  Pheaaa 
(phasiani).  4.  Peacocks  (/kkwmm).  S»  Ge 
(ansere$),  6.  Ducks  (onaies).  7.  Teal  <?>  (gu 
guedulae), 

b,  ColmnbariwHj  the  dove-oote. 

e.  The  Ormtkon  primer,  the  inmates  of  whi 
were  chiefly,  1.  Thrushes  and  blackbirds  (/^r 
mendae),  especially  the  former.  2.  Quails  (eoit 
nioet).  3.  Turdedoves  {turture*).  4.  OrtoUns  ( 
(miliariae),  all  of  which  are  in  Italy  birds  of  pe 
sage  arriving  in  great  flocks  at  pardcnlar  season 

II.  In  like  manner  the  term  VtvariOy  whi* 
may  be  employed  to  denote  all  places  contriv* 
for  the  reception  of  animals  used  for  food  or  whii 
supplied  articles  of  food  and  did  not  £fiU  under  tl 
denomination  of  peeiN^  or  aoei,  must  be  se|M&rat< 
into  those  designed  for  the  reception  of  land  an 
mals,  and  those  hr  fishes. 

a.  Leporaria^  Apiaric^  Codaaaria,  GUnMriOy  an 
/S.  Piteinae. 

a,  LeporaritL  The  animals  kept  in  Icpois 
ria  were  chiefly,  1.  Hares  and  rabbiu  (lepan»\ 

2.  Various  species  of  deer  (eervi,  oapreae^  or^pes 

3.  Wild  boan  {apri),  and  under  the  same'catc 
gory  rank,  4.  Bees  {apeai).  5.  Snails  (pockJea£, 
6.  DoToaiM  (ffUres), 

fi.  Piscinae  or  fish-ponds,  divided  into  — 

1.  Piednae  aquae  duleie,  fi[«sh-water  ponds  ;  am 

2.  Piedmae  aquae  eaUae,  salt-water  ponds. 
We  commence  then  with  a  description  of  tht 

inhabitants  of  the  Cohort  in  piano  and  their  dwell- 
ing. 

L  Aviaria. 
I.  a.  Cohort  in  piano. 

In  the  science  of  rearing  poultry  (RaHo  Cohor- 
talis,  bpvt$aTp64>ui\  three  precepts  were  of  genera] 
application.  The  birds  were  to  be  kept  scrupulously 
clean,  were  to  be  abundantly  supplied  with  frvsh 
air  and  pure  water,  and  were  to  be  protected  from 
the  attacks  of  weasels,  hawks,  and  other  vermin. 
The  two  former  objects  were  attained  by  the  choice 
of  a  suitable  situation,  and  by  incessant  attention 
upon  the  part  of  the  superintendents  (euralotett 
custodes) ;  the  latter  was  effected  by  overlaying  ti^ 
walls  of  the  houses  and  courts,  both  inside  and 
out,  with  coats  of  smooth  hard  phister  or  stucc^ 
and  by  covering  over  the  open  spaces  with  large 
nets. 

Again,  the  attention  of  those  who  desired  to  rear 
poultry  with  profit  was  chiefly  occupied  by  6vb 
considerations:  1.  The  choice  of  a  good  breeding; 
stock  (depenere).  2.  The  impregnation  of  the 
hens  (de  /betura).  3.  The  management  of  ths  i 
eggs  during  incubation  (de  ovis).  4.  The  rearing 
of  the  pullets  (depuUis).  5.  Fattenmg  them  for. 
the  market  (de /hrtura),  this  hut  procea  being, 
however,  frequently  conducted  not  by  the  fiinner 
(rusHeus),  but  by  persons  who  made  it  their  aole  | 
occupation  (Jartores), 

1,  2.  Chickens  {yzWrnae),      Of  the  different  i 
species  of  domestic  fowls,  the  most  important  were 
^alUnae,  which  were  divided  into  three  dassea :—  I 
o.  GalUnae  VUlaHoae  s.  Cohortales,  the  conunoB  , 
chicken.    6.  Oallinae  A/rieanae  s.  Numidicae,  ths  ' 
same  probably  with  the  fitKtaypi^s  of  theOrveks,  I 
the  distinctions  pomted  out  by  Columella  scaitelv 
amounting  to  a  specific  difference  ;  and  e.  Onllinai  \ 
Rustieae.    The  Ust  were  found  in  great  abimdsnce 
in  the  Insula  Qallinaria,  but  it  is  so  difficult  to  i 


AQBICVLTUILA. 

r  fioB  the  datuiptioaB  taumnittad  to  u 

Cjfef^  miij  wen,  tbRt  we  know  not  whether 

t0  legnd  tboDB  as  pheuants  as  red- 

"  e,  «■   wood-gimue,   or    as  some 

dHBoKat  from  anj  o£  these.     The 

alvBjB  scaree  and  dear,  were  treated 

the  same  manner  as  peaoodu, 

of  importanee  to  the  fiiraer ;  the 

little  apokien  of  eroept  as  objects  of 

CohoBeUa  deelazes  tJiat  tbey  woald 

aofineraeBt  (m  w&rwUmte  ntm/btiamt). 

eonine  oar  obsenratiatis  to  the  VU- 

Ineds  cdebnted  for  fighting  were 
tbe  Rhodiaa,  and  the  Cludcidean  ; 
!  not  the  most  profitable  Ibr  the 
fxintB  of  a  good  bam-door  Ibwl  are 
4y  <f*j*  iltoed  \ij  Vaira,  CohuneUa,  and  Pal- 
rlM»  mil  fligne  in  recommend  ing  the  breeder 
m  rtjeicS  madm  mm  were  white,  Ibr  they  were  more 
~  icMS  fvolifie  than  those  w^hose  plnmage 
SovMH  were  permitted  to  rojun  about 
_  tbe  day,  and  pick  up  iwbat  they 
cbe  ^Tester  nnmber  were  constantly 
r>  in  a  pooltry  yard  (^aiUmarimm^ 
^rhich  was  an  encloaed  eonrt 
e>  ^mitMt  m  vrmna  aspect,  strewed  writh  eand 
^f  nl^-a  -vlaesnena  ftiaey  might  wallow,  and  corered 
^w^  mith  m  net.  Jt  contained  hen-houaea  ieaceae) 
CO  wfcicb  tbex  ^<b***>«1  ^  night  and  rooated  upon 
•90^tm  ^zeAclfeedl  acxTofls  (perfacos)  Ibr  their  conTe- 
MMiiiT^  m  afs  O  Mi^aiTtrr,)  fixr  the  laying  hens  being 
eanstncCad  miaakg^  tlae  walls.  The  whole  ests^ 
UiahBCBft  wa»  noder  the  control  of  a  poultry 
mmn  CmtiiMt  lair,  jnrsrfV^  ■•  <aw«tor  ffcdlimariua),  who 
«ci9cied  an  adjoinia^  hut,  nsually  aaaiwtM  by 
^T'^S^imiUMmi  aod  m  boy,  for  the  flocks  were 
«ft«  »«y  lars«V  «»Dtaaniiy  °F««^«J  Vj**  ^"J" 
^^^  •ne  proptvrti'MX  of  one  cock  (j^alUu)  to 
fi^  hena  w»a  eoiiM»o«^y  obs^red,  the  males  not 
_i«d  ior  iMWsifnfs^  iMsh^rkOled  y^^  ^'J^^e 
^^^^         (£1  wmmj        Tf»«ir  food  conaiated  of  barley 

Igatam^    wli«n  thcae  articles  could  be 

Aigmxau    bo*    ^wHett   *«>    ^«^»  ^^  ^^ 

^^^^ih^    r«f%»e  of  wheat,   bran  with  a 

fci^  of  the  floor  oaiMsHiig,  the   aeeda  of  cytwi^ 

"*t?*i^?^--   ,.■«»«   besoB  in   Janoary  snd  con- 

fi^  to  durty  egws.  *»«' "'^^^^^  wai  hot  or 

cM,  WW  ^M0d  »***~rV-__  old,  who  wu  kept 
jA««)  from  ooe  *»  VT^^tfo^B  ti™«.  "  "» 

^""^  I?*.^^  J^Siy^oruHf  the  twenty 
!ir^' Jilli^^  .SSLg   U.e    eggs,  that  U^y 

wkkk  'P*  ««°'™»*^';,^  req»i«d  for  hatch- 
*"'■'**  **^  S  Sr^bbtaTtfc^-  with  Mro^; 
hri«,«d  tW  ^mg  1?*^^^  fed  by  h«.d«. 

B  avk  nairow  «ni»«,  "»"*  __^j.  bird.  wa»  iwiuw 
'"""''''^  *"  *^  T^^^^ftSiJh  r^oali  holeate.^ 
— nttdT  in  »  liMltet,  ^*"' ,*"  fi— ■  the  mmfc  and 
S^'fa,  Uie  l«dj^  ogj^  ^  **^  gi^  ^ 


wi&  thel 


AQRICULTURA.  «l 

cnunped  in  spaee  tbat  he  oould  not  toftt  Moad 
In  this  Mate  they  were  crammed  with  wheat 
linaeed,  barley  meal  kaeaded  with  water  inU 
oudl  Imnpi  (twimdae\  and  other  fiwiaaeeoui 
food,  the  opemtion  requiring  from  twenty  ti 
twenty-fiTo  days.  (Var.  iiu  9 ;  Colum.  riii.  2,  fta 
12  ;  Plia.  H.  M  X.  21  ;  Pallad.  i  27,  29.)    - 

3L  Phesesats  {piaaitmf)  are  aot  mentJoaej 
amoog  domestis  poultry  hj  Varro  or  Coluaiel^ 
but  find  a  plaos  in  the  oompiktioa  of  Pallsdioa, 
who  directs  that  young  birds,  that  is,  thoie  of  i 
yesr  old,  should  be  selected  as  bresden  in  the 
proportioB  of  ooe  cock  to  two  hens,  and  that  the 
eggi  should  be  hatched  by  bam^oor  fowls.  The 
chicks  were  to  be  fed  for  the  fint  fortnight  on  cold 
boiled  barley  lightly  sprinkled  with  wine,  after- 
wards iqion  bruised  wheat,  locusts,  sad  saffe  eggs, 
sad  were  to  be  prevented  from  hsring  access  U 
water.  They  became  fot  in  thiity  days  if  shut  ni 
snd  crammad  with  wheat  flour  msde  up  into  imsB 
lumps  (hurumdaB)  with  oil    (PsHad.  L  29.) 

4.  Peacocks  (ptnomea,  pam^  pom)  sre  said  to 
hsTe  been  first  introduced  as  an  article  of  food  by 
Q.  Hortensiu  at  a  banquet  on  the  installatioB  ii 
an  aogur  {miffwraU  aditiaU  eomia\  They  speedily 
became  bo  much  in  request  that  ioon  afterwards  a 
single  full-grown  bird  sold  for  fifty  denarii  (up- 
wards of  a  guinea  snd  a  half),  and  a  sin^e  tgg 
for  fire  (upwards  of  three  ahilliogs),  while  one 
breeder,  M.  Aufidins  Lureo,  derived  an  iaeoaie  M 
60,000  lesterces  (about  500C  sterling)  firom  thii 
•ource  akme.  The  most  fovowable  situations  for 
rearing  ppamrki  were  afforded  by  the  small  rocky 
but  well-wooded  islets  off  the  Italiaa  coast,  where 
they  roamed  in  freedom  without  fear  of  being  lost 
or  stolen,  provided  their  own  food,  and  brought  up 
their  young.  Thoie  persons  who  oould  not  oon- 
mand  such  advantage,  k^  them  in  small  esh 
closures  roofed  oyei^  or  under  portieoes,  perehsa 
(perticae)  being  supplied  for  them  to  roost  upon, 
with  a  kige  grassy  court  in  front,  suirounded  by  s 
high  wall  and  shaded  by  trees.  They  were  fed 
upon  all  kinds  of  grain  but  chiefly  bariev,  did  not 
arrive  at  full  maturity  for  breedipg  until  three  yean 
old,  when  one  cock  was  allowed  to  five  hens,  sad 
care  was  taken  to  supply  each  bird  with  a  separate 
nest  (ctifcrvfo  ca&tZia).  The  hatching  prooeo  was 
most  profitably  performed  by  common  bam-door 
fowls,  for  in  this  way  the  pea-hen  laid  three  times 
in  a  season,  first  five  eggs  (oes  pcmmima)^  then 
four,  and  lastly  two  or  three,  but  if  allowed  to  in- 
cubate  herself  could  rear  only  one  brood.  In  the 
time  of  Varro,  three  chicks  {ptdli  pawmim)  kit 
each  full-grown  bird  were  considered  a  foir  return. 
(VaiT.  iii  6  ;  Colum.  viii.  11  ;  PaUad.  I  28  ; 
Plin.  X.  20  ;  comp  Juv.  i.  143») 

6.  Geese  (ohsstm)  wcte  essily  reared,  but  were 
not  very  profitable  and  lomewhat  troublesome,  for 
a  ninning  stream  or  a  pond  with  a  good  supply  of 
herbage  was  essential,  and  they  oould  not  be 
turned  out  to  graze  in  the  vicinity  of  growing  crops, 
which  they  toro  up  by  the  roots,  at  the  same  time 
destroying  Tegetation  by  their  dung.  Birds  for 
breeding  wera  always  selected  of  a  large  size  and 
pure  white,  the  grey  varied  (vartt  vd  fiuct)  being 
regarded  as  inferior  on  the  supposition  that  th^ 
were  more  nearly  allied  to  the  wUd  species.  Their 
food  consisted  of  clover,  fenugreek,  lettuce,  to- 
gether with  leguminous  plants,  all  of  which  were 
sown  for  their  use,  and  espedally  an  herb  called 
fripi$  by  the  Gxedu,  which  seems  to  have  be^ 
p  2 


68 


AGRICULTURA. 


a  Mil  of  endive.  Impregnation  took  place  abont 
mid-winter,  one  gandier  being  allowed  to  three 
females,  who  when  the  laying  season,  which  was 
early  in  spring,  approached,  were  shat  up  in  a  struc- 
ture (xnyoiocKuoif)  consisting  of  a  court  {eokon\ 
surrounded  by  a  high  wall  with  a  portico  inside 
containing  receptacles  (harae,  ceUoAt  tpelunoae), 
from  two  to  three  feet  square,  built  of  hewn  stone 
or  brick,  well  lined  with  chafl^  for  the  eggs^  In- 
cubation, according  to  the  weather,  lasted  from 
twenty-fiye  to  thirty  days,  during  which  period  the 
mothers  were  supplied  by  the  custos  with  barley 
crushed  in  water.  The  goslings  remained  in  the 
house  for  about  ten  days,  and  were  fed  upon  po- 
lenta, poppy  seed,  and  green  cresses  (nasturtium) 
chopped  in  water,  after  which  they  were  taken  out 
in  fine  weather  to  feed  in  marshy  meadows  and 
pools.  It  was  found  in  practice  most  advantageous 
to  employ  bam-door  hens  to  hatch  the  eggs,  since 
they  made  more  carefrd  mothers  ;  ani  in  this  case 
the  goose  would  lay  three  times  in  a  season,  first 
five  ®gB*>  t^e^  ^our,  and  lastly  three. 

Goslings,  when  from  four  to  six  months  old, 
were  shut  up  to  fatten  in  dark  warm  coops  (tagi- 
natium\  where  they  were  fed  with  barley  pottage 
and  fine  flour  moistened  with  water,  being  allowed 
to  eat  and  drink  three  times  a  day  as  much  as 
they  could  swallow.  In  this  way  they  became  fit 
for  the  market  in  two  months  or  less.  A  flock  of 
geese  furnished  not  only  eggs  but  feathers  also,  for 
it  was  customary  to  pluck  them  twice  a  year,  in 
spring  and  autumn,  and  the  feathers  were  worth 
five  denarii  (about  three  shillings  and  fourpence)  a 
pound.  (Varro,  iiL  10 ;  Colum.  viii.  13  ;  Plin. 
H.N.T,22;  PaUad.i30.) 

6.  Ducks  (anate$).  The  duck-house  (wriiriro' 
rpwfmoy)  was  more  costly  than  the  chenoboscium. 
Tor  within  its  limits  were  confined,  not  only  ducks, 
but  querquednlae,  phalerides,  boscades  (whatever 
these  may  have  been),  and  similar  bizds  which 
seek  their  food  in  pools  and  swamps.  A  flat  piece 
of  ffround,  if  possible  marshy,  was  surrounded  by  a 
wall  fifteen  feet  high,  well  stuccoed  within  and 
without,  along  the  course  of  which  upon  an  ele- 
vated ledge  {enpido)  a  series  of  covered  nests 
{teotoL  euMia)  were  formed  of  hewn  stone,  the 
whole  open  space  above  being  covered  over  with  a 
net  or  trellice  work  {datris  auperpotUia),  A  shal- 
low pond  (piscina)  was  dug  in  the  centre  of  the 
enclosure,  the  margin  formed  of  oput  signinumy  and 
planted  round  with  shrubs  ;  through  this  flowed  a 
small  stream  which  traversed  the  court  in  a  sort  of 
canal  into  which  was  thrown  food  for  the  inmates, 
consisting  of  wheat,  barley,  millet,  acorns,  grape 
skins,  small  crabs  or  cmy  fish,  and  other  water 
animals.  The  eggs  were  generally  hatched  by 
common  hens,  the  precautiona  taken  during  incu- 
bation and  the  rearing  of  the  ducklings  being  the 
same  as  in  the  case  of  pullets.  (Var.  iii.  11  ; 
Colum.  viii.  15.) 

I.  b.  Chlumbariunu 

Pigeons  (eobimbuty  adumba).  Varro  distin- 
guishes two  species  or  varieties,  the  one  Gemu 
aaaatile  s.  o^mfe,  probably  the  Chhimba  Uvia  of 
naturalists,  which  was  shy  and  wild,  living  m 
lofW  turrets  (mibUmst  turriculae\  flying  abroad 
without  restraint,  and  generally  of  a  darkish  colour, 
dappled,  and  without  any  admixtun  of  white,  the 
other  kind  mora  tame  (clementius)^  feeding  about  the 
4oon  of  the  fium,  and  for  the  moat  part  white.  Be- 


AGRICULTURA- 

tween  these  a  cross  breed  (numseBum}  was  nsn 
reared  for  the  market  in  a  lofty  edifice  ^'M-^pu 
poTfto^tdy  ;  ireptar€pfiw),  constructed  for  the  ] 
pose.  These  buildings,  placed  under  the  chu 
of  a  ooiumbariuSy  were  frequently  large  enoagh 
contain  5000,  were  vaulted,  or  roofed  in.  with  ti 
and  furnished  with  one  small  entrance,  but  ^ 
lighted  by  means  of  large  barred  or  latticed  m 
dows  (fenettrae  Pumcanae^  s.  rettadaiOfey.  1 
walla,  carefully  stuccoed,  were  lined  firom  top 
bottom  with  rows  of  round-shaped  nests  witl 
single  small  aperture  (cobmAoria),  often  formed 
earthenware  (Jietilia),  one  being  assigned  to  evi 
pair,  while  in  front  of  each  row  a  planlc  'was  plac 
upon  which  the  birds  alighted.  A  copious  sapplj' 
firesh  water  was  introduced  for  drinking  and  wa4 
ing  ;  their  food,  consisting  of  the  refuse  of  wb< 
(excreta  tritici)^  millet,  vetches,  peas,  kidney>bea] 
and  other  leguminous  seeds,  was  placed  in  nam 
troughs  ranged  round  the  walls,  and  filled  by  pip 
firom  without  Those  pigeons,  which  were  kept 
the  country,  being  allow^  to  go  out  and  in  at  wi 
supported  themselves  for  a  great  part  of  the  je 
upon  what  they  picked  up  in  the  fields,  and  we 
regularly  fed  (aeoeptant  eonditiva  dbarw)  for  IM 
or  three  months  only  ;  but  those  in  or  near  a  tow 
were  confined  in  a  great  measure  to  the  w^urrcp 
rpo^tovy  lest  they  should  be  snared  or  deatroya 
They  were  very  fruitful,  since  one  pair  would  te* 
eight  broods  of  two  each  in  the  course  of  a  ye« 
and  the  young  birds  (pulH)  very  speedily  arrive 
at  maturity,  and  b^^  forthwith  to  lav  in  thei 
turn.  Those  set  aside  for  the  market  bad  thei 
wing  feathers  plucked  out  and  their  legs  broken 
and  were  then  fiittened  upon  white  bread  pre 
viously  chewed  (mandueaio  eandido/areiuntpane) 
A  handsome  nair  of  breeding  pigeons  of  a  gooc 
stock  would  fetch  at  Rome,  towaitb  the  dose  of  the 
republic,  two  hundred  sesterces  (upwards  of  a  guincc 
and  a  half) ;  if  remaikably  fine,  as  high  as  a  thou- 
sand (neariy  eight  guineas) ;  and  as  much  as  8ix< 
teen  hundred  (more  than  thirteen  pounds)  was  a 
price  sometimes  asked,  while  Columella  speaks  oi 
four  thousand  (upwards  of  thirty  pounds)  having 
been  given  in  his  time ;  and  some  persona  were 
said  to  have  a  hundred  thousand  (neariy  a  thou- 
sand pounds  sterling)  invested  in  tlus  kind  of  pro- 
perty. The  instinct  which  teaches  pigeona  to  re- 
turn to  the  pkce  where  ihey  have  been  fed  wom 
remarked  by  the  ancients,  who  were  wont,  for  the 
sake  of  amusement,  to  bring  them  to  the  theatres 
and  there  let  them  loose.  (Varr.  iii.  7 ;  Colum. 
viii.  8  ;  Plin.  H.  N,  z.  52,  74,  zi  64,  zviii  42 ; 
PaUad.  L  24.) 

I.  c  Omiihonj  Aviarium  (&ppi$oTpo^iop), 

OmiikoneSy  in  the  restricted  sense,  were  di- 
vided into  two  cUisses:  1.  Those  canstmcted  for 
pleasure  merely  being  designed  for  the  reception  of 
nightingales  and  other  singing  burda.  2.  Those  for 
profit,  in  which  thousands  of  wild  birds  were  con- 
fined and  fiittened.  Vairo  gives  a  very  curious  and 
minute  descriotion  of  an  omithon  belonging  to  the 
first  class,  wnich  he  himself  possessed,  snd  La- 
cullus  endeavoured  to  combine  the  enjoyment  of 
both,  for  he  had  a  triclinium  constructed  in  hii 
Tuscnlan  villa  inside  of  an  omithon,  delighting  to 
behdd  one  set  of  birds  placed  upon  ihe  taUe  ready 
for  his  repast,  while  otheia  were  fluttering  at  tbe 
windows  by  which  the  room  was  lighted.  Oni- 
thones  of  the  second  daaa,  with  which  alone  we  ire 


AORICULTCTRA. 


AGRICULTURA. 


6d 


i,  were  kept  by  poolterere  (moMi^ 
itra)^  and  enhea  in  the  city,  but  the  greater  num- 
ber woe  ntnted  in  Sabinmn,  becanae  thrushes 
vov  XBost  ■bmidant  in  that  legioo.    These  huge 
c^^  were  fbraied  bj  widiwing  a  space  of  ground 
vi'th  hi^  mDa  and  eovering  it  in  "with  an  aithed 
rDo£     Water  waa  intxodneed  by  pipes,  and  con- 
dneled  in  uuiiiwwia  narrow  channels,  the  windows 
were  few  and  smaD,  that  light  might  be  excluded 
as  wBch  as  poasible,  and  that  the  prisoners  might 
ant  pine  fimm  loolcing  oat  upon  the  open  country, 
vhoe theirnBiteo-were  enjoying  freedom.     Indeed, 
as  BLUBiU»e  were  thmslieB,  and  so  apt  to  despond 
■Qshm.  fint  canght,  that  it  was  the  pcsctiee  to  shut 
thesB  ap  for  aonie  time  witL  other  tame  indiriduals 
of  dkesr  own  kind  (caferam*),  who  acted  as  decoys 
{oBtBetartaX,  in  reeoneili]^  them  to  aqitirity.     In 
the  iaietiar  of  tbia  boildmg  numerous  stakes  (paH) 
'voe  fixed  upright,  npon  which  the  birds  might 
slifht ;  bog  potea  alao  (perHeae)  were  ananged  in 
an  iacfiaed  poshion  resting  agamst  the  walls  with 
ipsn  nailed  in  lowa  across,  and  lofts  were  con- 
straded,  all  for  the  same  porpose.     Two  smaller 
apsrtBsenta  were  attached,  one  in  which  the  super- 
iatendaat  (cHrafor)  deposited  the  birds  which  died 
a  natanl  death,  in  order  that  he  might  be  able  to 
S6  we  aeooaoBla  with  his  master,  the  other,  celled 
the  anrhseri'ai,  eommnnicating  with  the  greet  hall 
by  a  door,  into  which  those  birds  wanted  for  the 
Bcaiket  wore  driTen  from  time  to  time,  and  kiUed 
wt  of  Bght,  lest  the  others  might  droop  on  witness- 
hig  the  frfte  of  their  eompaniona. 

Mi&et  and  wild  bemea  were  giren  freely,  but 
their  chief  food  consisted  of  dij  figs  carefrdly 
perled  (SBj/mOer  pumta)  and  kneaded  with  for  or 
paUea  iafto  ■nail  lamps,  which  were  chewed  by  per- 
ioas  hired  to  pctfocm  this  opemtion.  The  birds 
aaially  kept  in  an  omithon  haTe  been  mentioned 
shoreT  bat  of  these  by  fin-  the  most  important  were 
thrashes,  which  made  thdr  appearance  in  vast 
iscks  aboat  the  Temal  equinox,  and  seem  to  have 
been  in  great  reqinest ;  fiir  oat  of  a  sin|^e  establish- 
BMnt  ia  Sabinnm,  in  the  time  of  Yami,  five  thousand 
vne  sBBBetimes  sold  in  a  singie  year  at  the  rate  of 
three  denarii  a  head,  thus  yielding asnm  of  60,000 
sestereea»  aboot  five  hundred  ponnids  sterling. 

The  asDure  from  omithones  containing  urushes 
ad  blackbirds  waa  not  only  a  powerful  stimuhnt 
ta  the  asil,  bat  was  given  as  fiiod  to  oxen  and  pigs, 
whs  fottcaed  on  it  rapidly. 

Turtle  doves  (terAms,  dim.  ImrianUae)  belonged 
to  the  dsaa  winch  did  not  lay  eggs  in  captivity 
(Me  parii  mee  saelmdit)^  and  oonaeqpientiy,  as 
SDon  as  caagfat,  wen  put  up  to  frrtten  (volabuxi 
IBs  wi  mpUm'  /artmnu  dettimUmr).  They  were 
not  hoaeicr  confined  in  an  ordinary  omithon  but 
ia  a  hattdiag  samihr  to  a  dove-cote,  with  this  dif- 
foreaoe,  that  the  interior,  instead  of  being  fitted  up 
with  eslambarla,  contained  rows  of  brackets  (mate- 
fat),  or  short  stakes  piojectin^  horiaontaUy  from  the 
«^  and  rising  tier  above  tier.  Over  each  rew, 
Slowest  of  which  was  three  feet  from  the  ground, 
^espca  mala  (faggrtpafas  eanmaUnae)  were  stretched, 
n  which  the  Irards  reposed  day  and  night,  while 
Wi  were  drawn  t^ht  in  frnat  to  prevent  them 
fin  iyv^  aboot,  which  aronld  have  rendered  them 
k«k  They  foltened  readily  in  harvest  time,  de- 
I|h%  most  in  diy  wheat,  of  which  one-half 
Bote  per  day  was  aofBdent  for  120  turtles,  or  in 
ttOrtmwtesed  with  awcet  wine.  (Varr.iii.  8  ; 
Ctia,rw,9i  PaUad.  i,  25  ;  Piin.fl:Ar.  x.  24, 


34,  35, 53,  58,  74  ;  compi  Phmt  MosttO.  i.  1. 44  ; 
Juv.  vi  38.) 

II.  YlVAKlA, 

II.  a.  Leporaria, 

Leporaria  anciently  were  small  walled  paddocks, 
phmted  thickly  with  shrubs  to  give  shelter ;  and  in- 
tended, as  the  name  implies,  for  the  reception  of 
animals  of  the  hare  kind  ;  viz.  1.  The  common  grey 
hare(/te2teaiRAoonof<ram,sc^e«a«).  2.  The  moun- 
tain or  white  hare  from  the  Alps,  seldom  brought 
to  Rome  (poH  amdidi  nmi).  3.  Rabbits  (cmamw/i), 
believed  to  be  natives  of  Spain.  These,  at  least 
the  first  and  third,  bred  rapidly,  were  caught  occa^ 
sionally,  shut  up  in  boxes,  fottened  and  sold.  In 
process  of  time,  the  name  Uporariym  was  changed 
for  the  more  appropriate  term  bnpunpo^Xov^  since 
a  variety  of  wild  animals,  such  as  boars  (apri\ 
stags  (cem),  and  roe  deer  {oapre(m\  were  pro- 
cured firom  the  hunter  (eeaofor),  and  shut  up  in 
these  paries,  which  now  embraced  several  acres 
even  in  Italy,  while  in  the  provinces,  espedally 
Transalpine  Chuxl,  they  firequently  comprehended 
a  circuit  of  many  miles  of  hill  and  swamp,  glade 
and  forest  This  space  was,  if  possible,  fenced 
by  a  wall  of  stone  and  lime,  or  of  unbumt  brick 
and  day,  or,  where  the  extent  rendered  even  the 
latter  too  costly,  by  a  strong  paling  {vacerra)  filmed 
of  upright  stakes  {ttipitea)  drilled  with  holes  {per 
Uxtm  f^iMtmter),  throagh  which  poles  (omt'tes)  were 
passed  horizontally,  the  whole  of  oak  or  cork  tree 
timber,  braced  and,  as  it  were,  latticed  by  planks 
nailed  diagonally  (teri$  irannerda  elairare)^  much 
m  the  fiisaion  of  wooden  hurdles.  Even  in  the 
largest  enclosures  it  was  necessary  to  support  the 
animals  in  winter,  and  in  those  of  moderate  size 
they  were  frequently  tamed  to  such  an  extent,  that 
they  would  assemble  at  the  sound  of  a  horn  to  re- 
ceive their  food.  (Varr.  iiL  12  ;  Colum.  ix.  1  ; 
Plin.^.iV:viii.62.) 

Bees  (opes).  The  delight  experienced  in  the 
management  of  these  creatures  is  sufficiently  proved 
by  the  space  and  care  devoted  to  the  subject  in 
Viigil,  and  by  the  singularly  minute  instructions 
contained  in  the  a^cultural  writers,  especially  in 
Columella,  who  denved  his  materials  from  the  still 
more  elabarate  compilations  of  Hyginus  and  Cel- 
sus,  the  former  being  the  author  of  a  regular  bee 
calendar,  in  which  the  various  precepts  for  the 
gnidanoe  of  the  bee  fonder  (meliariua,  apiariw  ; 
fMXxrot^pT^t,  mdiim^ua)  were  ananged  in  regular 
order  according  to  the  seasons  and  days  of  the  year. 
The  methods  which  the  andents  cLescribe  differ 
little,  even  in  trifling  detafls,  from  those  followed  by 
ourselves,  although  m  some  respects  our  practice  is 
inferior,  since  they  never  destroyed  a  hive  for  the 
sake  of  its  contents,  but  abstracted  a  portion  of  the 
honey  only,  always  leaving  a  suffident  supply  for 
the  support  of  the  insects  in  winter  ;  and  the  same 
swarm,  occasionally  reinforced  by  young  recruits, 
in%ht  thus  continue  for  ten  years,  whicn  was  re- 
garded as  the  limit  Our  superior  knowledge  of 
natural  history  has  howeva  enabled  us  to  deter- 
mine that  the  chief  of  the  hive  is  always  a  female, 
not  a  male  (rear)  as  was  the  general  bdief ;  to  ascer- 
tain the  respective  duties  performed  by  the  queen, 
the  woriung  bees,  and  drones  {/yd  %,Jure»\  which 
were  unknown  or  confounded  ;  and  to  reject  the 
absurd  fimcy,  to  which  however  we  are  indebted 
for  the  most  charming  episode  in  the  Oeorgics, 
which  originated  with  the  Qreeks,  and  is  repeated 
F  3 


7e  AGRICULTURA. 

with  tmbesitatiiig  faith  by  almost  eveiy  anthority, 
that  swarmB  might  be  produced  by  spontaneous 
generation  from  the  putrescent  carcase  of  an  ox 
(ear  bubulo  corpore  putre/hdo  ;  and  hence  they  were 
commonly  termed  fioay6vtu  by  the  poets,  and  by 
ArcheUtus  fio6s  ^iixirns  wtworrifiiya  rdKya). 

The  early  Romans  placed  the  hires  in  niches, 
hollowed  out  of  the  walls  of  the  farm-house  itself 
under  the  shelter  of  the  eaves  (m&for  9ubgrunda»\ 
but  in  later  times  it  became  more  common  to  form 
a  regular  apiary  (c^MartMrn,  ahiearittm^  mellarivm  ; 
fitXdrroTpo^'toy,  /acXittwi^),  sometimes  so  exten- 
sive, as  to  yield  5000  pounds  of  honey  in  a  season. 
This  was  a  small  enclosure  in  the  immediate 
vicinity  of  the  villa,  in  a  warm  and  sheltered  spot, 
as  little  subject  as  possible  to  great  variations  of 
temperature,  or  to  disturbances  of  any  description 
from  the  elements  or  from  animals  ;  and  carefully 
removed  fit>m  the  influence  of  foetid  exhalations, 
such  as  might  proceed  from  baths,  kitchens,  stables, 
dunghills,  or  the  like.  A  supply  of  pure  water  was 
provided,  and  plantations  were  formed  of  those 
plants  and  flowers  to  which  they  weremost  attached, 
especially  the  cytisus  and  thyme,  the  former  as 
being  conducive  to  the  health  of  bees,  the  latter  as 
affording  the  greatest  quantity  of  honey  (aplunmum 
ad  melij^um).  The  yew  was  care^ly  avoided, 
not  because  in  itself  noxious  to  the  swarm,  but  be- 
cause the  honey  made  from  it  was  poisonous.  (Sie 
mea  Cymeaa  JvgicaU  examina  /euros.)  The  hives 
(o/rt,  alveij  o/ceoria,  icv^^Aeu),  if  stationary,  were 
built  of  brick  {dmnieUia  laUribua  faata)  or  baked 
dung  (ear  fimo\  if  moveable,  and  these  were  con- 
sideied  the  most  convenient,  were  hollowed  out  of 
a  solid  block,  or  formed  of  boards,  or  of  wicker 
work,  or  of  bark,  or  of  earthenware,  the  last  being 
accounted  the  worst,  because  more  easily  affected 
by  heat  or  cold,  while  those  of  cork  were  accounted 
best.  They  were  perforated  with  two  small  holes 
for  the  insects  to  pass  in  and  out,  were  covered 
with  moveable  tops  to  enable  the  mellarius  to  in- 
spect the  interior,  which  was  done  three  times  a 
month,  in  spring  and  summer,  for  the  purpose  of 
removing  any  fllth  which  might  have  accumulated, 
or  any  worms  that  might  have  found  entrance  ;  and 
were  arranged,  but  not  in  contact,  in  rows  one 
above  another,  care  being  taken  that  there  should 
not  be  more  than  three  rows  in  all,  and  that  the 
lowest  row  should  rest  upon  a  stone  parapet,  de- 
vated  three  feet  from  the  ground,  and  coated  with 
smooth  stucco  to  prevent  lisards,  snakes,  or  other 
noxious  animals  from  climbing  up. 

When  the  season  for  swarming  arrived,  the 
movements  which  mdicated  the  approaching  de- 
parture of  a  colony  (eanmien)  were  watched  un- 
remittingly, and  when  it  was  actually  thrown  off, 
they  were  deterred  from  a  long  flight  by  casting 
dust  upon  them,  and  by  tinkling  sounds,  being 
at  the  same  time  tempted  to  alight  upon  some 
neighbouring  branch  by  rubbing  it  with  balm 
{apicutrttmy  iu\urir6^KKov^  s.  tUXufw^  s.  /ucXi- 
^wAAor),  or  any  sweet  substance.  When  they 
had  all  collected,  they  were  quietly  transferred  to 
a  hive  similarly  prepiued,  and  if  they  showed  any 
disinclination  to  enter  were  urged  on  by  surround- 
ing them  with  a  little  smoke. 

If  quarrelsome,  their  pugnacity  was  repressed 
by  sprinkling  them  with  honey  water  {meUa)  ;  if 
liwy,  they  were  tempted  out  by  placing  the  sweet- 
smelling  plants  they  most  loved,  chiefly  apiastrum 
Of  thyme,  in  the  immediate  vicinity  of  ue  hive, 


AGRICULTURA. 
recourse  being  had  at  the  same  time  to  a  sligl 
frunigation.     If  distracted  by  sedition    in    cons< 
quence  of  the  presence  of  two  pretenders   to   th 
throne,  the  rivals  were  caught,  examined,  and   th 
least  promising  put  to  death.     In  bad    ^wreathei 
those  stricken  down  and  disabled  by  coM  or  muddei 
rain  were  tenderly  collected,  placed    in    a    apo 
warmed  by  artificial  heat,  and  as  they  revived  ]ai< 
down  before  their  hives.    When  the  weather  fa 
any  length  of  time  prevented  them  from   fr^in^ 
abroad,  they  were  fed  upon  honey  and   water,  oi 
upon  figs  boiled  in  must  and  pounded  into  a  -paste. 
The  honey  harvest  {mtUatio^  mellia  ^indemia^ 
eastraiio  alvorum^  diea  autnmdi,  ftcAiroMTcs),   ac- 
cording to  Varro,  took  place  three  times  a  year, 
but  more  usually  twice  only,  in  June  and  October ; 
on  the  first  visitation  four-fifths,  at  the  seoona  two 
thirds  of  the  honey  was  abstracted  ;  but  these  pro- 
portions varied  much  according  to  the  season,  and 
the  strength  of  the  particular  hive.    The  syi>tom 
pursued  was  very  simple :  the  moveable  top  liv-as 
taken  off,  or  a  door  contrived  in  the  side  opened, 
the  bees  were  driven  away  by  a  smoking  apparatus, 
and  the  mellarius  cut  out  with  peculiarly  formed 
knives  as  much  of  the  contents  as  he  thought  fit. 
The  comb  {fatmt^  mipioK),  which  was  the  product 
of  their  industry,  was  composed  of  wax  {cera^  mifihs) 
formed  into  hexagonal  cells  (soar  angtiia  eeUa\  the 
geometrical  advantages  of  which  were  soon   dis- 
covered by  mathematicians,  containing  for  the  most 
part  honey  {md^  M^)y  hut  also  the  more  so/id 
sweet  substance  commoiily  called  bee-bread  {pro- 
.polUy  itp6fwoXis\  the  classical  name  being  deri^ned, 
it  is  said,  from  the  circumstance  that  it  is  found  in 
greatest  abundance  near  the  entrance^    The  combs 
were  cemented  together,  and  the  crevices  in  the 
hive  daubed  over  with  a  glutinous  gum,  the  erithace 
{ipiBdKn)  of  Yam  and    his  Greek  authorities, 
which  seems  to  be  the  same  with  what  is  else- 
where termed  fneHigo  (juKlrttfta), 

Columella  and  Palladius  describe  ingenious  plans 
for  getting  possession  of  wild  swarms  (apes  tyteea- 
ireB^/erae,  nMftoae,as  opposed  to  sr&asae,  dairet) ; 
and  Pliny  notices  the  humble  bees  which  con- 
structed their  nests  in  the  ground,  but  seems  to 
suppose  that  they  were  (*eculiar  to  a  district  in 
Asia  Minor.  The  marks  which  distinguish  the 
varieties  of  the  domestic  species  will  be  found  de- 
tailed by  the  different  authorities  quoted  below. 
(Aristot  Hid,  Anim,  v«  ix  ;  Aelian.  de  Anim.  L 
69,  60,  V.  10, 1 1 ;  Var.  iL  6,  iiL  3, 16 ;  Virg.  Ckonf. 
iv. ;  Coliun.  ix.  3.  &c.,  xL  2  ;  Plin.  H,  N.  xi.  5, 
&C. ;  Pallad.  I  37— 3d,  iv.  16,  v.  8,  vl  10,  vii.  7, 
ix.  7,  xL  IS,  xiL  &) 

Snails  (axMeae),  Certam  species  of  snails  were 
fovourite  articles  of  food  among  the  Romans,  and 
were  used  also  medicinally  in  diseases  of  the  lungs 
and  intestines  The  kinds  most  prized  were  those 
from  Reate,  which  were  small  and  white ;  those 
from  Africa  of  middlii^  size,  and  very  fruitfiil ; 
those  caUed  aoUUmae^  also  firom  Africa,  larger  than 
the  former ;  and  those  from  lUyria,  which  were  the 
largest  of  aU.  The  place  where  they  were  preserved 
{cochUoaivmj  was  sheltered  from  the  snn,  kept 
moist,  and  not  covered  over,  nor  walled  in,  but 
surrounded  by  water,  which  prevented  the  escape 
of  the  inmates  who  were  very  prolific,  and  required 
nothing  except  a  few  laurel  leaves  and  a  litUe 
bran.  They  were  fattened  by  shutting  them  up 
in  a  jar  smeared  with  boiled  must  and  fionr,  and 
perforated  with  holes  to  admit  air.    It  has  been 


AGRICULTURA. 

leeordad  tkai  aa  inCTidiial  nuied  FoItiui  Hir- 
,  near  Tarqninii,  the  first  coch- 
in Italy,  a  short  time  before 
the  ara  >nr  betveoi  Osesar  and  Pompe j.  (Vair. 
m.  U  ;  ran.  H.  A",  iz.  56,  zxx.  7,  15  ;  camp. 
Sa]hst  Jm^  93.) 

Dooaice  (^Ures)  weie  regarded  a«  articles  of 
f&ch  laxnry  that  their  nse  as  food  was  forbidden 
m  the  mnptoarj  laws  of  the  UMre  rigid  censors  ; 
but,  nBtwithstanding^  a  gUrarimm  became  a  com- 
warn  appendage  to  a  rilla.  It  was  a  small  space 
of  fnKmd  ssuTDintded  wiUi  a  smooth  wall  of  polished 
tf  fmecoed  stone,  planted  with  aoom-bearing  trees 
ie  jiekl  food,  and  containing  holes  {cam)  for  rear- 
h^  the  joang.  The j  were  fattened  up  in  earthen 
ps%  (dafia)  of  a  peculiar  eonstraction,  upon  chest- 
nida^  walnafts,  ani  aeoros..  (Vair.  iiL  15  ;  Plin. 
H.  A",  ix.  57  ;  oomp.  Martial,  iii  58,  xiiL  59  ; 
Petmi.  31 ;  Amm.  Marc  zzriiL  4.) 

II.  5.  Pudaae. 

Lastly,  we  may  say  a  few  words  upon  artificial 
Ssh  poods,  which  were  of  two  kinds — freshwater 
ponds  (puBuum  dmloes)^  and  salt  water  ponds 
(j»j»w  aabae  s^  maritifnae). 

The  fomer,  frum  an  eariy  period,  had  frequently 
bees  attached  to  ordinary  fonns,  and  proved  a 
saaree  idg^  ;  the  latter  were  uidaiown  until  the 
last  half  oentary  of  the  republic,  were  mere  ob- 
ject! of  faiznxy,  and  were  confined  for  the  most  part 
t»  the  richest  members  of  the  community,  to  many 
«€whoBi,  Bach  as  Uirms,  Philippus,  Locullus,  and 
HsrtEBiias,  who  are  sneeringly  termed  /nisQUMirit 
Vt  Cieem,  they  became  objects  of  intense  interest 
These  reeeptaefes  were  constructed  at  a  vast  cost 
OQ  the  sea-eoast,  a  succession  being  frequently 
fcnscd  for  di&xcnt  kinds  of  fish,  and  the  most 
b^cniona  and  elaborate  contriTances  provided  for 
the  adnussion  of  the  tide  at  particular  periods,  and 
§ar  zcgolatiBg  the  temperature  of  the  water ;  laxge 
man  were  paid  for  the  stock  with  which  they 
veie  filled,  eonaisting  chiefly  of  mullets  and  mu- 
aesae ;  and  a  heavy  expense  was  incurred  in 
■siniainiag  them,  for  fishermen  were  regularly 
es^fojed  ID  catch  small  fry  for  their  food,  and 
when  the  weather  did  not  permit  such  su|^ies  to 
le  pneaied,  salt  aachoTies  and  the  like  were 
IBiiliiiatJ  in  the  market  For  the  most  part  they 
jieided  no  Ktom  ^Khaterer,  during  the  lifetime  at 
ksst  of  the  proprietors,  for  the  innates  were  re- 
fsided  as  peta,  and  frequently  became  so  tame  as 
\»  answer  to  the  Toioe  and  eat  from  the  hand. 
When  salea  did  take  place  the  prices  were  very 
h^  Thna  Hima,  who,  on  one  occasion,  lent 
Caaar  6,000  muraenae,  at  a  subsequent  period 
•bttined  4,000,000  of  sesterces  (upwards  of 
30,0OOt)  for  an  ordinary  rilla,  chiefly  in  conse- 
fueaee  oi  the  ponds  and  the  quantity  of  fish  they 


AORIMENSORES. 


71 


A  certain  Sergius  Osata,  a  short  time  before  the 
Hsoric  War,  fimned  artificial  oyster-beds  (vtraria 
mhmiwm)  firom  which  he  obtained  a  large  revenue. 
He  fiist  asserted  and  established  the  superiority  of 
tbe  shdl-fish  from  the  Lncrine  Lake,  which  luive 
tktmjM  maintained  their  celebrity,  although  under 
tlie  empire  leas  esteemed  than  those  from  Britain. 
(VaiT.  ii.  12.  iiL  17  ;  Colum.  riii  16,  17 ;  Plin. 
F.JV:iz.  54,  55;  Cic  a<f  ^ff.  L  19.) 

Of  modem  treatises  connected  with  the  subject 
rf  this  article  the  most  important  is  Dickson^ 
^Hmhaodzy  of  the  Andents,*'  2  Tola.  Ovo.  1788, 


the  woik  of  a  Scotch  dcfgyman,  who  was  well 
acquainted  with  the  practical  details  of  agriculture 
and  who  had  studied  the  I^tin  writers  with  great 
care,  but  whose  scholarship  was  unfortunately  so 
imperfect  that  he  was  in  many  instances  unable  to 
interpret  correctly  their  expressions.  Many  use* 
fill  and  acute  obserrations  will  be  fiynnd  in  the 
**  Economic  Politique  dcs  Romains  ^  by  Duraw 
de  hi  Malle,  2  tomes,  Sva  Paris,  1840,  but  he  also 
is  for  from  being  accurate,  and  he  is  erabamsssed 
thnraghout  by  very  erroneous  riews  with  regard  to 
the  rate  of  interest  among  the  Romans,  and  by  the 
singular  misconception  that  from  the  expulsion  of 
the  kings  until  the  end  of  the  second  PWic  war, 
the  law  forbade  any  Roman  citisen  to  possess  more 
than  7  jugen  of  land.  (Vol.  ii  p.2.)  Those  who 
desire  to  compare  the  agriculture  of  modem  Italy 
with  ancient  usages  will  do  well  to  consult  Arthur 
Young's  **  Travels  in  Italy,**  and  the  Appendix  of 
Symonds  ;  the  **  Agriculture  Toscane  **  of  J.  C.  L. 
Simonde,  8vo.  O^ieve,  1801 ;  and  **  Lettres  dcrites 
d'ltalie  k  Charies  Pictet  par  M.  LuUm  de  Cha- 
teanvieux**  8vo.  Paris.  2nd  ed.  1820.     (W.  R.) 

AORlMENS<yR£&  At  the  fonndanon  of  a 
odony  and  the  assignation  of  lands  the  auspida 
were  taken,  for  which  purpose  the  presence  of  the 
aogur  was  necessary.  But  the  business  of  tlie 
augur  did  not  extend  beyond  the  religious  part  of 
the  ceremony:  the  division  and  measurement  of 
the  hind  were  made  by  professional  measurers. 
These  were  the  Fbuiont  mentioned  in  the  eariy 
writers  (Cic.  c  RuUmm,  iL  13  ;  Phmtas,  Poemmlma^ 
Profog.  49),  who  in  the  later  periods  were  called 
Mensores  mid  Agrimenaorea  The  business  of  a 
Fiuitor  could  only  be  done  by  a  free  man,  and 
the  honourable  nature  of  his  office  is  indicated  by 
the  rule  that  there  was  no  baigain  fiir  his  services, 
but  he  received  his  pay  in  the  form  of  a  gift. 
These  Finitores  appear  also  to  have  acted  as  jndioes, 
under  the  name  of  arbitri,  in  those  disputes  about 
boundaries  which  were  pnrdy  of  a  technical,  not  a 
legal,  character. 

Under  the  empire  the  observance  of  the  auspices 
in  the  fixing  of  camps  and  the  establishment  of 
military  colonies  was  less  regarded,  and  the  prac- 
tice of  the  Agrimenaores  was  reduced  to  a  system 
by  Julius  Frontinus,  Hyginus,  Siculus  Fhuxus,  and 
oUier  Oromatic  writen,  as  they  are  sometimes 
termed.  As  to  the  meaning  of  the  term  Oroma, 
and  the  derived  words,  see  Facdolati,  Leanaomy  and 
the  Index  to  Ooeshis,  Rei  Affrariae  Scrijkorta, 
The  teachen  of  geometry  in  the  laige  cities  of  the 
empire  used  to  give  practical  instruction  on  the 
system  of  giomatice.  This  practical  geometry  was 
one  of  the  liberalia  studia  (Dig.  50.  tit  IS.  a  1) ; 
but  the  professors  of  geometry  and  the  teachen  of 
law  were  not  exempted  from  the  obligation  of  being 
tutores,  and  from  other  such  burdens  {Prag.  Vat, 
§  150),  a  fiict  which  shows  the  subordinate  rank 
which  the  teachen  of  elementary  science  then  held. 

The  Agrimensor  could  mark  out  the  limits  of 
thecenturiae,and  restore  the  boundaries  where  they 
were  confiised,  but  he  could  not  assign  {amgnare) 
without  a  commission  finm  the  emperor.  Military 
persons  of  various  classes  are  also  sometimes  men- 
tioned as  practising  surveying,  and  settling  disputes 
about  boundaries.  The  lower  rank  of  the  profes- 
sional Agrimensor,  as  contrasted  with  the  FiniUx 
of  eariier  periods,  is  shown  by  the  fi&ct  that  in  the 
imperial  period  there  might  be  a  contract  with  am 
A^amenaor  for  paying  him  fiir  his  services. 
p  4 


72 


AGRIONIA. 


The  Agrimeiuor  uf  the  later  period  was  merely 
employed  in  disputes  as  to  the  boimdaries  of  pro- 
perties. The  foundation  of  colonies  and  the  as- 
signation of  lands  were  now  less  conmiun,  though 
we  read  of  colonies  being  established  to  a  late 
period  of  the  empire,  and  the  boundaries  of  the 
lands  must  have  been  set  out  in  due  form.  (Hy- 
ginus,  p.  177,  ed.  Goes.)  Those  who  marked  out 
the  ground  in  camps  for  the  soldiers*  tents  are  also 
cnll^  Mensores,  but  they  were  military  men.  (Ve- 
getius,  De  Re  MiUtari^  iL  7.)  The  functions  of 
the  Agrimensor  are  shown  by  a  passage  of  Hyginus 
(De  Oontroven,  p.  1 70) :  in  idl  questions  as  to  deter- 
mining boundaries  by  means  of  the  marks  {9igna\ 
the  area  of  snr&oes,  and  exphiining  maps  and  plans, 
the  services  of  the  Agrimensor  were  required :  in 
all  questions  that  concerned  property,  right  of  road, 
enjoyment  of  water,  and  other  easements  {aervitutee) 
they  were  not  required,  for  these  were  purely  legal 
questions.  Generally,  therefore,  they  were  either 
employed  by  the  parties  themselves  to  settle 
boun<£uie8,  or  they  received  their  instructions  for 
that  purpose  from  a  judex.  In  this  capacity  they 
were  advocatL  But  they  also  acted  as  judices, 
and  could  give  a  final  decision  in  that  class  of 
smaller  questions  which  concerned  the  quinque 
pedes  of  the  Mamilia  Lex  [Lex  Mamilu],  as  ap- 
pears from  Frontinus  (pp.  63, 75,  ed.  Goes.).  Under 
the  Christian  emperors  the  name  Mensores  was 
changed  into  Agrimensores  to  distinguiBh  them 
from  another  dass  of  Mensores,  who  are  mentioned 
in  the  codes  of  Theodosius  and  Justinian  (vi  34, 
xii.  28).  By  a  rescript  of  Constantino  and  Con- 
stans  (a.  d.  344)  the  teachers  and  learners  of 
geometry  received  immunity  from  civfl  burdens. 
According  to  a  constitution  of  Theodosius  and  Va- 
lentinian  (a.  d.  440)  as  given  in  the  collection  of 
Goesius  (p.  344),  they  received  jurisdiction  in  ques- 
tions of  AUuvio  ;  but  Rudorff  observes,  ^  that  the 
decisive  words  '  ut  jndicio  agrimensoris  finiatur,* 
and  *  haec  agrimensorum  semper  esse  judicia  *  are  a 
spurious  addition,  which  is  not  found  either  in  Nov. 
Theod.  Tit  20,  nor  in  L.  3.  C.  De  Alluv.  (Cod. 
Just  vii.  tit  41).^  According  to  another  constitu- 
tion of  the  same  emperors,  the  Agrimensor  was  to 
receive  an  aureus  from  each  of  any  three  border- 
ing proprietors  whose  boundaries  he  settled,  and  if 
he  set  a  limes  right  between  proprietors,  he  re- 
ceived an  aureus  for  each  twelfUi  part  of  the  pro- 
perty through  which  he  restored  the  limes.  Fur- 
ther, by  another  constitution  of  the  same  emperors 
(Goesius,  p.  343),  the  youn^  Agrimensores  were  to 
be  called  **  clarissimi  **  while  Uiey  were  students, 
and  when  they  bcsgan  to  practise  their  profession, 
spectabiles.  All  this,  which  is  repeated  by  modem 
writers,  is  utteriy  incredible.  (Rudorff,  p.  420, 
&C.,  and  the  notes.) 

(Rudorff,  Ueber  die  Feldmeseer,  Zeitschrift  fUr 
Geschicht  Rechtsw.  vol.  x.  p.  412,  a  dear  and  exact 
exposition ;  Niebuhr,  vol.  ii.  appendix  2  ;  Dureau 
de  la  Malle,  Eotmomie  PoUHque  dee  Romainej  vol  L 
p.  179  ;  the  few  remarks  of  the  last  writer  are  of 
no  value.)  [G.  L.] 

AGRIO'NIA  (&7pi<6vm),  a  festival  which  was 
celebrated  at  Orchomenus,  in  Boeotia,  m  honour  of 
Dionysus,  sumamed  *hypi^nos.  It  appears  from 
Plutaroh  (Quaett,  Rom.  102),  that  this  testival  was 
solemnised  during  the  night  nnly  by  women  and 
the  priests  of  Dionysus.  It  consisted  of  a  kind  of 
game,  in  which  the  women  for  a  long  time  acted  as 
&  teduBg  Dioayius,  and  at  last  called  out  to  one 


AGROTERAS  THUSIA- 
another  that  he  had  escaped  to  the  Muses,  and  bad 
concealed  himself  with  them.    After  this  they  pre- 
pared a  repast ;  and  having  enjoyed   it,  amused 
themselves  with  solving  riddles.     This  festival  was 
remarkable  for  a  feature  which  proves   its   great 
antiquity.    Some  virgins,  who  were  descended  from 
the  idinyans,  and  who  probably  used  to  assemble 
around  the  tem^e  on  the  occasion,  fled  and  'were 
followed  by  the  priest  armed  with  a  sword^  who 
was  allowed  to  kill  the  one  whom  he  first  caxighu 
This  sacrifice  of  a  human  being,  though  originally 
it  roust  have  formed  a  regular  part  of  the  festival, 
seems  to  have  been  avoided  in  later  times.       One 
instance,  however,  occurred  in  the  days  of  Plutarch. 
{Quaeet.  Graee,  3a)     But  as  the  priest  who  had 
killed  the  woman  was  afterwards  attacked  by  dis- 
ease, and  several  extraordinary  acddenta  occurred 
to  the  Minyans,  the  priest  and  his  fiunily    ivere 
deprived  of  their  official  functions.     The  festival, 
as  well  as  its  name,  is  said  to  have  been  derived 
from  the  daughters  of  Minyas,  who,  after  having 
for  a  long  time  resisted  the  Bacchanalian  fiiry,  were 
at  length  seised  by  an  invincible  desire  of  eating 
human  flesL    They  therefore  cast  lots  on   their 
own  children,  and  as  Hippasus,  son  of  Leucippe, 
became  the  destined  victim,  they  killed  and   ate 
him,  whence  the  women  belonging  to  that    race 
were  at  the  time  of  Plutarch   still  called    the 
destroyers    (oXeTai   or   oioXoMu)    and   the     men 
mourners  (V'oXocif).    (MUller,  Z>i«  ilftsjer,  pi.  166. 
&&;  K.  F.  Hennann,  Le&rbueh  d.  ^oUemHenefUcAen 
AUerlhUmer  d,  Chieehen^  §  63.  n.  13.)       [L.  S.J 

AGRO'NOMI  (iiypou6fMi\  are  described  by 
Aristotle  as  the  country  police,  whose  duties  cor- 
responded in  most  respects  to  those  of  the  astjnomi 
in  the  city  [  Astynomi],  and  who  performed  nearly 
the  same  duties  aa  the  hylori  (6XMpoi).  {PoUt,  vL 
5.)  Aristotle  does  not  inform  us  in  what  state 
they  existed ;  but  from  the  frequent  mention  of 
them  by  Plato,  it  appears  probable  that  they  be- 
longed to  Attica.  (PUt  Li^.  vL  pp.  617,  618  ; 
Timaeus,  Leap,  t.  v.  and  RuhxdEen^  note,  in  which 
several  passages  are  quoted  from  Plato.) 

AGRO  TERAS  THU'SIA  (iTpor^posdinrfa), 
a  festival  celebrated  every  year  at  Athens  in  honour 
of  Artemis,  sumamed  Agrotera  (from  &7pa,  chase). 
It  was  solemnized,  according  to  Plutarch  (De  Ma- 
lign, Herod,  26),  on  the  sixth  of  the  month  of 
Boedromion,  and  consisted  in  a  sacrifice  of  500 
goats,  which  continued  to  be  offered  in  the  time  of 
Xenophon.  (Xenoph.  Anab,  iii.  2.  §  12.)  Aelian 
(  V,  H.  ii.  25)  places  the  festival  on  the  sixth  day 
of  Thaigelion,  and  says  that  300  goats  were  sacri- 
ficed ;  but  as  the  battle  of  MareSion  which  gave 
rise  to  this  solemn  sacrifice,  occurred  on  the  sixth 
of  Boedromion,  Aelian^  statement  appears  to  be 
wrong.  (Pint  De  Glor.  Aiken,  7.) 

This  festival  is  said  to  have  originated  in  the 
following  manner: — When  the  Persians  invaded 
Attica,  CaUimachus,  the  polemarch,  or,  according  to 
others,  Miltiades,  made  a  vow  to  saoifice  to  Artemis 
Agrotera  as  many  goats  as  there  [Aould  be  enemies 
slain  at  Marathon.  But  when  the  number  of  enemies 
slain  was  so  great,  that  an  equal  number  of  goats 
could  not  be  found  at  once,  the  Athenians  decreed 
that  500  should  be  sacrificed  every  year.  This  is 
the  statement  made  by  Xenophon  ;  but  other  an- 
cient authors  give  different  accounts.  The  Scholiast 
on  Aristoph.  (Eqait  666)  rekites  that  the  Athe- 
nians, before  the  battle,  promised  to  sacrifice  to 
Artemis  one  ox  for  eveiry  enemy  slain  ;  bat  wbea 


AIKIAS  DIKS. 

tile  nwBiber  of  oxen  could  not  be  procnivd,  tbey 
MlMdtated  an  equal  nnmber  of  goats.  [L.  S.] 
AOYRMUS  (feyvptas),  [Elkusinia.] 
AQTRTAE  (iy^tti\  mendicant  piesU,  who 
were  aceutomed  to  travel  throogh  the  difFeient 
tovaa  of  Oieece,  aolidting  ahnt  for  the  gods  whom 
ikej  aerred.  Theae  priesU  carried,  either  on  their 
aboolden  or  on  beasts  of  burthen,  images  of  their 
reapectzre  deides^  They  appear  to  hare  been  of 
Onental  or^in,  and  were  chieflj  connected  with 
tbe  vonfaip  of  Isis,  Opis  and  Aiige  (Herod,  ir.  35), 
and  espedaOy  of  the  great  mother  of  the  gods ; 
whence  they  were  called  tarrparfCproi,  They  were 
geaeraOy  speaking,  persons  of  the  lowest  and  most 
alMyidoned  chamcter.  They  undertook  to  inflict 
•one  urievoos  bodily  injury  on  the  enemy  of  any 
izidiridaal  who  paid  them  for  soch  Ksrvices,  and 
also  promised,  fin*  a  small  som  of  money,  to  obtain 
forgivenesa  firam  the  gods  whom  they  serred,  for 
any  bbs  which  cither  the  indiridnal  himself  or 
kis  mt»mMi»m.  bad  committed.  (Pht  Rtp.  ii  p. 
364,  bi ;  Pint.  Si^tenL  c  3  ;  Zosim.  i  11  ;  Max. 
Tjx.  zix.  3 ;  Atben.  tL  p.  266,  d  ;  Origen,  e,  CeU. 
L  pu  8;  PhiL  Ltg.  iL  p.  792 ;  Rahnken,cMl  TTmoM 
La,  «,  ML  ftyt (povo-oy  and  hneytayol ;  EL  F.  Her- 
man, Lakr^mdk  d,  yotUtdimtUiekm  AUertkumer  d. 
Gri^ckm^  S  42,  n.  13.) 

These  mendicant  priests  came  into  Italy,  bnt  at 
what  time  is  uncertain,  together  with  the  worship 
of  the  gods  whom  they  senred.    (Cic  IM  Leg,  yl 
1$;  Hcmdoc^  ad  Hor.  Serm,  i  2.  2.) 
AHE'NUSL     [Aknum.] 
AIKIAS  DIKE  (oiirlar  3M),  an  action  brought 
St  Athena,  before  the  court  of  the  Forty  (ol  rrr- 
rapiiDgrra),  against  any  indiridual,  who  had  struck 
a  eitiaen  of  tl^  state.    Any  citizen,  who  bad  been 
thus  insulted,  might  proceed  in  two  ways  against 
the  oOendiz^  P**^*  either  by  the  Mtciaf  Sunt, 
vhidi  vas  apriTate  action,  or  by  the  ffCpcwr  Tyw^ 
which  was  looked  upon  in  the  light  of  a  public 
prosecution,  since  the  state  was  considered  to  be 
vnoged  in  an  injury  done  to  any  citizen.     It  ap- 
peals to  hare  been  a  principle  of  the  Athenian 
law,  to  gire  an  indiridual,  who  had  been  injured, 
lure  thai  one  mode  of  obtaining  redress.    If  the 
pSaintiff  bronght  it  as  a  prirate  suit,  the  defendant 
VBoId  only  be  condemned  to  pay  a  fine,  which  the 
pUntiff  receired ;  but  if  the  cause  was  brought 
SI  a  public  suit,  the  accused  might  be  punished 
trn  with  death,  and  if  condemned  to  pay  a  fine, 
^  latter  went  to  the  state. 

It  vas  neeeanry  to  more  two  fiusts  in  bringing 
the  aoclos  Sonf  before  the  Forty.  First,  That  the 
iefcndaat  had  struck  the  plaintiff,  who  must  hare 
ben  a  free  man,  with  the  intention  of  insulting 
him  (JfT  Mp«i),  which,  howerer,  was  always  pre- 
RDsed  to  hare  been  the  intention,  unless  the  de- 
frndaat  ooold  prore  that  he  only  struck  the  pkin- 
tiff  Id  j^ce.  Thus  Ariston,  after  proring  that  he 
bd  been  struck  by  Conon,  tells  the  judges  that 
Cm  win  attempt  to  show  that  he  had  only 
itrad  hnn  in  play.  (DenL  e.  Oomm.  p.  1261.) 
Secoodly,  It  was  necesnry  to  prore  that  the  de- 
feadant  struck  the  plaintiff  first,  snd  did  not  merely 
retun  the  blows  which  had  been  giren  by  the 
(hintiff  ( Vx*"'  X^^P^  ilKmnf,  or  merely  iuiianf 
IfXW,  Dem.  c  Emerp.  pp.  1141,  1151.) 

la  tUi  action,  the  sum  of  money  to  be  paid  by 
tbe  defeodaat  as  damages  was  not  fixed  by  the  laws ; 
bat  tbephintiff  assessed  the  amount  according  to 
tk  iBJoy,  which  be  thonght  he  had  leceired,  and 


ALA.  73 

the  judges  determined  on  the  justice  of  the  daim. 
It  was  thus  an  assessed  action,  and  resembled  the 
procedure  in  public  causes.  The  orations  of  De> 
mosthenes  against  Conon,  and  of  Isocmtes  against 
Lochites,  were  spoken  in  an  action  of  this  kin^  and 
both  of  these  hare  come  down  to  us ;  and  there 
were  two  orations  of  Lysias,  which  are  lost,  relating 
to  the  same  action,  namely,  against  Theopompus 
and  Hippocrates.  (Haipociat.  «.  v.  olirtar ;  Meier, 
Ati.  Proeui,  p.  S47,  Ac. ;  Bockh,  PM.  Eeom.  ^ 
Athens,  pp.  352, 364,  372,  374,  2nd  ed.) 

AITHOUSA  (odreoiNra),  a  word  mly  used  by 
Homer,  is  probably  for  odf9ov<ra  irrod,  a  portico  ex- 
posed  to  the  son.  From  the  passages  in  which  it 
occurs,  it  seems  to  denote  a  corered  portico,  opening 
on  to  the  court  of  the  house,  auX^,  in  front  of  the 
restibide,  wp^Ovpor.  Thus  a  chariot,  learing  the 
house,  is  described  as  passing  out  of  the  wp&vpw 
and  the  dtOawra.  {IL  xxir.  323  ;  Od.  iii  493,  xr. 
146, 191.).  The  word  is  used  also  in  the  plural, 
to  describe  apparently  the  porticoes  which  sur- 
rounded the  o*x4  (IL  ri  243  ;  Od.  riiL  57.) 
It  was  in  such  a  portico  that  guests  were  lodged 
fat  the  night  (Od,  iiL  399,  ril  345).  It  was 
also  the  place  of  recepti<m  for  people  flocking  to  the 
p^dace  on  a  public  occasion  (//.  xxir.  239  ;  Od. 
riii.  57)  ;  and  hence  perhaps  the  epithet  ^/>/3oinror, 
which  Homer  usually  connects  with  it     [P.  3.  J 

ALA,  a  port  of  a  Roman  house.     [Domus.] 

ALA,  ALARFS,  ALA'RII.  These  words, 
like  all  other  terms  connected  with  Roman  war- 
fiue,  were  used  in  different  or  at  least  modified 
acceptations  at  difierent  periods. 

Ala,  which  literally  means  ateing,  was  firom  the 
earliest  epochs  employed  to  denote  the  wing  of  an 
army,  and  this  signification  it  always  retained,  but 
in  process  of  time  was  firequently  used  in  a  re- 
stricted sense. 

1.  When  a  Roman  army  was  composed  of 
Roman  citisens  exdusirely,  the  flanks  of  the  in- 
fontnr  when  drawn  up  in  battle  array  were  corered 
on  the  right  and  left  by  the  caralry  ;  and  henco 
Ala  denoted  the  body  of  horse  which  was  attached 
to  and  serred  along  with  the  fi>ot-soldiers  of  the 
legion.  (See  Cincius,  de  Re  MiUtari,  who,  al- 
though he  flourished  &  c  200,  is  eridently  ex- 
plaimng  m  the  passage  quoted  by  Aulus  Gellius, 
xri  4,  the  original  acceptation  of  the  term.) 

2.  When,  at  a  kter  date,  the  Rcoum  armies 
were  composed  partly  of  Roman  citizens  and  partly 
of  Soeiit  either  Latud  or  Italiei,  it  became  the 
practioe  to  maishall  the  Roman  troops  in  the  centre 
of  the  battle  line  and  the  Sodi  upon  the  wings. 
Hence  ala  and  atom  denoted  the  contingent  fiir- 
nished  b^  the  allies,  both  horse  and  foot,  and  the 
two  dirisions  were  distinguished  as  deactera  ala  and 
nmstra  ala.  (Lir.  xxril  2,  xxx.  21,  xxxi.  21  ; 
Lips,  de  MiHL  Bom.  il  dial  7.  We  find  in  Lir. 
z.  40,  the  expression  cum  eokortSme  alariu,  and  in 
z.  43,  D.  Bruhtm  Seaevam  legatmn  cum  legume 
prima  el  deoem  eokortSmt  ak^He  equitaiuqtie  ire 
....  jmetit.) 

3.  When  the  whole  of  the  inhabitants  of  Italy 
had  been  admitted  to  the  pririleges  of  Roman 
citizens  the  terms  o&im,  cokortee  alariae  were  trans- 
ferred to  the  foreign  troops  serring  along  with  the 
Roman  armies.  In  Csesar  (B.  O.  l  51)  we  see  the 
Alarii  expressly  distinguished  from  the  Ugionarii^ 
and  we  find  the  phrase  (B.  C.  I  73)  eokortee  alariae 

I  ei  legianariae,  while  Cicero  {pdFam,  ii  17)  speaka 
I  of  the  AkuH  Tratupadam\ 


74 


ALAUDA. 


4.  Lastly,  under  the  empire,  the  term  ala  was 
applied  to  regimeuts  of  horse,  raised  it  would  seem 
with  very  few  exceptions  in  the  provinces,  serving 
apart  from  the  legions  and  the  cavalry  of  the  le- 

?'ons.     It  is  to  troops  of  this  description  that 
acitns  refers  when  (^Atm,  zv.  10)  he  mentions 
AUuret  PcamonU  robur  equticUus, 

Some  further  details  on  this  subject  are  given 
under  Exxrcitus.  [W.  R.J 

ALAB ARCHES  (^o^ctpx^t),  appears  to  have 
heen  the  chief  magistrate  of  the  Jews  at  Alexandria; 
hut  whose  duties,  as  far  as  the  government  was 
concerned^  chiefly  consisted  in  raising  and  paying 
the  taxes.  (Joseph.  Ant  xviii.  18.  §  1,  xix.  5. 
§  1,  XX.  5.  §  2;  Euseb.  ff,  E,  ii  5.)  Hence,  Ci- 
cero {ad  Att.  ii.  17)  calls  Pompey  alabarches  from 
his  raising  the  taxes.  The  etymology  of  this  word 
is  altogether  uncertain,  and  has  given  rise  to  great 
disputes  ;  some  modem  writers  propose,  but  with- 
out sufficient  reason,  to  change  it,  in  all  the  pas- 
sages in  which  it  occurs,  into  cwabarche$.  The 
question  is  fully  discussed  by  Stnrzius.  {De  Dia- 
lect. Macedon,  et  Alexandrin.  p.  65,  &c.) 

ALABASTRUM  and  ALABASTER  (AAii. 
Bourrpov^  itKiJSaffrpos\  a  box  or  vase  for  holding 
perfumes  and  ointments;  so  called  because  they 
were  originally  made  of  alabaster,  of  which  the 
variety,  called  onyx-alabaster,  was  usually  em- 
ployed for  this  purpose.  (Plin.^.  M  xiii.  2.  s.  3, 
zzxvL  8.  s.  12.)  They  were,  however,  subse- 
quently made  of  other  materials,  as,  for  instance, 
gold  (xy>^o-cia  kK&ioffrptC),  Such  vases  are  fint 
mentioned  by  Herodotus  (iii.  20),  who  speaks  of 
an  **  alabaster-box  of  perfumed  ointment  ^  {fibpov 
ii\iiSa<rrpoy\  as  one  of  the  presents  sent  by 
Cambyses  to  the  Ethiopian  king  ;  and  after  his 
time  they  occur  both  in  Greek  and  Roman  writers. 
(Aristoph.  Aeham.  1053  ;  Aeliaii,  V.  II.  xii.  18  ; 
Martial,  xi.  8  ;  Matth.  xxvi  7 ;  Mark,  xiv.  3 ; 
Luke,  viL  37.)  These  vessels  were  of  a  tiqiering 
shape,  and  very  often  had  a  long  narrow  neck, 
which  was  scaled ;  so  that  when  the  woman  in  the 
Gospels  is  said  to  break  the  alabaster-box  of  oint- 
ment for  the  purpose  of  anointing  Christ,  it  ap- 
pears probable  that  she  only  broke  the  extremity 
of  the  neck,  which  was  thus  dosed. 

ALABASTRl'TES.     [Alabastbr.] 

ALAEA  CAAom),  games  which  were  annually 
celebrated  at  the  festival  of  Athena,  sumamed 
Alea,  near  Tegea,  in  the  neighbourhood  of  the 
magnificent  temple  of  the  same  goddess.  (Paus. 
viiL  47.  §  3.)  [L.  S.J 

ALA'RU.    [Ala.] 

ALAUDA,  a  Gaulish  word,  the  prototype  of 
the  modem  French  AUmette^  denoting  a  small 
crested  bird  of  the  lark  kind  which  the  Latins  in 
allusion  to  its  tuft  denominated  dtierUa,  The 
name  aUuda  was  bestowed  by  Julius  Caesar  on  a 
legion  of  picked  men,  which  he  raised  at  his  own 
ex  pence  among  the  inhabitants  of  Transalpine 
Gaul,  about  the  year  b.  a  55,  not  as  erroneously 
asserted  by  Gibbon,  during  the  civil  war  ;  which 
he  equipped  and  disciplined  after  the  Roman 
fashion  ;  and  on  which  in  a  body,  he  at  a  sub- 
sequent period  bestowed  the  freedom  of  the  state. 
This  seems  to  have  been  the  first  example  of  a 
regular  Roman  legion  levied  in  a  foreign  country 
and  composed  of  barbarians.  The  designation  was, 
in  all  probability,  applied  fh»m  a  plume  upon  the 
helmet,  resemblinff  tne  **apez**  of  the  bird  in 
question,  or  from  the  general  shape  and  appearance 


ALEA. 

of  the  head-piece.  Cicero  in  a  letter  to  Atticns, 
written  in  b.  a  44,  states  that  he  had  received  in- 
telligence that  Antoiiius  was  marching  upon  the 
city  *'cum  legione  alaudarum,*^  and  from  the 
Philippics  we  learn  that  by  the  Lex  Judiciaria  of 
Antonius  even  the  common  soldiers  of  this  corps 
(Alaudae  —  matajmlares  ex  legume  Alaudarum) 
were  privileged  to  act  as  judices  upon  criminal 
trials,  and  enrolled  along  with  the  veterans  in  the 
third  decuria  of  judices,  avowedly,  if  we  can  trust 
the  omtor,  that  the  framcr  of  the  law  and  his 
firiends  might  have  functionaries  in  the  courts  of 
justice  upon  whose  support  they  could  depend. 

That  the  legion  Alauda,  was  numbered  V.  is 
proved  by  several  inscriptions,  one  of  them  be- 
longing to  the  age  of  Domitian  in  honour  of  a  cer- 
tain Cn.  Domitius,  who  among  many  other  titles  ia 
styled  TRiB.  MIL.  LXG.  V.  ALAUDAE.  It  had 
however  disappeared  from  the  army  list  in  the 
time  of  Dion  Cassius,  that  is,  in  the  early  part  of  the 
third  century,  for  the  historian,  when  giving  a  cata- 
logue of  such  of  the  twenty-three  or  twenty-five 
legions  which  formed  the  establishment  of  Augustus, 
as  existed  when  he  wrote,  makes  no  mention  of  any 
fifth  legion  except  the  Quinla  MacedotUot$,  (Suetoii. 
JuL  24  ;  Caesar,  B.  C.  L  39  ;  Plin.  H.  M  xl  44  ; 
Cic  Philip.  L  8.  §  20,  v.  5.  §  12,  xiiL  2.  §  3,  1 8. 
§  37  ;  Grater,  Corp.  Inecrip,  Lot.  cccciil  1, 
DXLiv.  2,  DXLix.  4,  OLix.  7  ;  OrcUi,  Inscrip, 
Lai,  n.  773.)  £\V.  R.J 

ALBOGALE'RUa     [Apbx.] 

ALBUM  is  defined  to  be  a  tablet  of  any  mate- 
rial on  which  the  praetor's  edicts,  and  the  rules 
relating  to  actions  and  interdicts,  were  written. 
[Edictum.]  The  tablet  was  put  up  in  a  public 
place  in  Rome,  in  order  that  all  persons  might 
have  notice  of  its  contents.  According  to  some 
authorities,  the  album  was  so  called,  because  it  was 
either  a  white  material,  or  a  material  whitened, 
and  of  course  the  writing  would  be  a  different 
colour.  According  to  other  authorities,  it  was  so 
called  because  the  writing  was  in  white  letters. 
If  any  person  wilfully  altered  or  erased  (raserit^ 
eorrvperit,  nuUaverit)  any  thing  in  the  album,  he 
was  liable  to  an  action  aUn  oorrupH,  and  to  a  heavy 
penalty.  (Dig.  2.  tit  L  s.  7,  9.) 

Probably  the  word  album  originally  meant  any 
tablet  containing  any  thing  of  a  public  nature. 
Thus,  Cicero  informs  us  that  the  Annales  Maximi 
were  written  on  the  album  by  the  pontifex  niaxi- 
mus.  (De  Orat,  ii.  12.)  But,  however  this  may 
be,  it  was  in  course  of  time  used  to  signify  a  list 
of  any  public  body ;  thus  we  find  the  expression, 
ottntm  temUoriumy  used  by  Tacitus  {Ann.  iv.  42), 
to  express  the  list  of  senators,  and  corresponding 
to  the  word  leuooma  used  by  Dion  Cassius  (Iv.  3). 
The  phrase  album  decurionum  signifies  the  Ust  of 
decuriones  whose  names  were  entered  on  the 
album  of  a  municipium,  in  the  order  prescribed 
by  the  lex  municipalis,  so  far  as  the  provisions 
of  the  lex  extended.  (Dig.  50.  tit  3.)  AUmmju- 
dicuM  is  the  list  of  judices.  (Suet  Oand.  16.) 
[Judex.]  [G.L.] 

ALCATHOEA  (oAjcadoia).  The  name  of 
games  celebrated  at  Megara,  in  commemoration  of 
the  Eleian  hero  Alcathous,  son  of  Pelops,  who  had 
killed  a  lion  which  had  destroyed  Euippus,  son  of 
King  Megareus.  (Pind.  lathtn,  viiL  148  ;  Paus.  i. 
42.  §1.)  [L.S.] 

ALEA,  gaming,  or  playing  at  a  game  of  chance 
of  any  kind.    Hence,  aUa^  aleatory  a  gamester,  a 


ALEA. 


ALIPTAE. 


74 


bUol 


nayi 


Playmg  witli  iaK  or  fcwerew  was  gene- 
~»ecaiiae  these  were  by  &r  the 
»  of  dbaace  among  the  BonuHM. 
{Tax.08;  TmBKA.) 

OaaiiDg  was  eofunleRd  durqntable  at  Rome  ; 
and  hence  iiAwftji  was  aaed  as  a  tenn  of  repraach. 
(Ck.  m  CkL  ii.  10,  od  AiL  xir.  6.)     It  was  also 
ferfaiddea  aft  Rome  by  special  laws,  durixig  the 
tisea  of  the  republic,  and  under  die  emperon 
(t»«te  I^An  alas).  (Her.  Cbr«.  iii.  24.  68 ;  Cic 
PiA?un.-23;  Or.  JVitL  iL  470,  &e^  Dig.  11. 
til.  S.)    We  have,  howerer,  no  express  infiurm- 
ation  as  to  the  time  when  these  laws  were  en- 
acted or  the  exact  pcovisiaas  whkh  they  contahied. 
"iboe  are  three  laws  mentioned  in  the  Digest 
(•'.  c)  farindding  gambling,  the  Lege$  TUia^  I*ub- 
Hda^md  Cormdm^  and  likewise  a  senatot  eon- 
sofawBi,  and  the  piaetor^  edictom.    At  what  time 
the  two  fermer  laws  were  passed  is  quite  nnoer- 
am ;  but  the  Lex  Cornelia  was  pmbabiy  one  of 
the  kwa  of  the  dictator  SaUa,  who»  we  know,  made 
ats  to  chedc  the  extxaYagaace  and 
of  prhrate  penons^     [SuMTua]    Some 
iafier  fron  a  paamge  of  Plautoa  {MiL 
tHar.  iL  2.  9)  that  gaming  most  have  been  for- 
badden  by  law  in  hia  time ;  bat  the  kte  tahria  in 
this  pasB^e  seems  rather  to  reier  to  the  laws  of  the 
^aae  than  to  any  pnUic  enactment.  Some  modem 
vriftezi,  howercr,  read  kx  akaria  in  this  passage. 
The  only  kinds  of  gaming  allowed  by  the  law 
«cte,  fixrt,  piayiqg  at  table  for  the  diffetent  articles 
•I   iDod,  and  pUyiqg  for  money  at  games  of 
iOCBgth,  swch  as   hnriing  the  javelin,  nmning, 
tnmpmg^hoadng,  &e.  (Dig.  L  e.)     Those  who  were 
eooTieted  of  gaming  were  condemned  to  pay  four 
tiaes  the  sum  they  had  staked  (Pseudo-Ascon.  m 
(ie.  i^ta.  §  24.  PL  110.  ed.  OreUi),  and  became  w- 
f(ma  m  ooosequenoe.     We  know  that  infamia 
ra  freqaeatly  a  eonseqnence  of  a  judicial  dedskin 
IItcfaiua];  and  we  may  infor  that  it  was  in  this 
ose  from  the  expression  of  Cicero.    (**  Hominem 
lese,  qase  est  de  alea,  oondemnatum,  m  iaitegrum 
'  Gc  PkiL  iL  23.)    Justinian  forbade  all 
J  both  in  public  and  in  pritate.  (Cod.  3.  tit 
4^)  Gaaws  of  chance  were,  however,  tolemted  in 
tfe  moath  of  December  at  the  Satuznslia,  which  was 
a  period  of  gcnenl  relaxation  (Mart.  iv.  14,  t.  84; 
OeH.  xriiL  13;  Suet  Awf^  71);  and  among  the 
Greeks,  aa  well  as  the  Romans,  public  opinion 
s&Bved  oU  men  to  amuse  themselTCs  in  this 
muBK    (Earip.  Med.   67  ;    Cic;  SemeA   16.) 
Usder  the  empire  gambling  was  carried  to  a  great 
Wight,  and  the  laws  were  probably  little  more 
thu   nominal.       Many  of  the  early  emperon, 
Aiq^ostns,  Caligula,  Claudius,  Yitellius,  and  Do- 
niusn,  were  very  fond  of  gaming^  and  set  but  an 
eril  example   to  thdr  subjects  in  this  matter. 
(iSeet.  Awp.  70,  71  ;  Dion  Cass.  lix.  22 ;  Suet 
'W.  41,  O&m^  33;  Dion  Cass.  Ix.  2 ;  SneLDom. 
31.)   Pmfossed  gamesters  made  a  regular  study  of 
iMr  mt ;  and  there  were  treatises  on  the  subject, 
uFong  i^kich  was  a  book  written  by  the  emperor 
Cbndiasw  (Or.  DruL  ii  471 ;  Suet  OonhI.  33.) 

Alea  sometimes  denotes  the  implement  used  in 
pbying,  as  in  the  phrase  jada  alea  etLt  **  the  die 
is  cast,**  uttered  hj  Julias  Caesar,  inmiediately 
\eUjK  be  crossed  the  Rubicon  (Suet  Ja/.  82);  and 
i:  »  oft«a  used  for  chance,  or  uncertainty  in  gene- 
ral (Hot.  Oirm.  iL  1.  6 ;  Cic  Dw.  iL  15.)  Re- 
specting the  enactments  against 
iaa,  (kimmtknit  dtr  ROmer,  p.  883. 


ALEAIA  CAX4ata\  afosti^  cdebrated  to  the 
honour  of  Athena  Alea  at  Tegea  with  games  and 
contests,  of  which  we  find  mention  in  inscriptions. 
(Pans.  Till.  47,  13;  Kiause,  Die  GymmaMik  u. 
AgtmuHk  cC  HMemm^  pp.  734—736  ;  K.  F.  Her- 
msnn,  Lekrhmek  «L  gatteediemeUickm  Aiterikuuter  d, 
Orieekem^  §  51,  n.  11 ;  comp.  Halotla.) 

ALl  CULA  (iAAi(  or  JUXn^),  an  upper  dress, 
which  was,  in  all  probability,  identical  with  the 
chlamya,  althonah  Hesychius  explains  it  as  a  kind 
of  chiton  (Euphor.  />>.  1 12,  ap.  Meineke,  Arnii, 
AUac  pi  137  ;  Callim.  Fr,  149,  op.  Naeke,  Opmee. 
Tol.  ii.  pL  86  ;  Hesych.  «.  v.  ;  Suid.  s.  v.  lUAiaca 
and  ip^rfiiFi ;  MUller,  Ardu d.  KmmeL,  §  337,  n.  6; 
Martial,  xiL  83.)  [P.S.] 

ALIMENTA'RII  PUERI  ET  PUELLAR 
In  the  Roman  republic,  the  poorer  citixens  were  as- 
sisted by  public  distributions  of  con,  oil,  and  money, 
which  were  called  coapiaria.  [Conoiauum.] 
These  distributions  were  not  made  at  stated  periods, 
nor  to  any  but  grown-up  inhabitants  of  Rome.  The 
Emperor  Nerra  was  the  first  who  extended  them  to 
children,  and  Trajan  appointed  them  to  be  made 
every  month,  both  to  orphans  and  to  the  children 
of  poor  parents.  The  children  who  received  them 
were  called  fmeri  et  pmeUae  almteniorii,  and  also 
(from  the  emperor)  pmeri  fm^Uaeqwe  Ulpiami;  and 
the  officers  who  administered  the  institotion  were 
called  qmautoree  peemuae  ahmmtmiae^  qmaettoree 

The  fragmento  of  an  mteresting  record  of  an  m- 
stitution  of  this  kind  by  Trajan  have  been  found 
at  Velleia,  near  Plaoentia,  firom  which  we  learn 
the  sums  which  were  thus  dbtributed,  and  the 
means  by  which  the  money  was  raised.  A 
similar  institotion  was  founded  by  the  younger 
Pliny,  at  Comnm.  (Plin.  Epi$l.  vii.  18,  L  8  ;  and 
the  inscription  in  Orelli,  1 172.)  Trajan^  benevo- 
lent plans  were  carried  on  upon  a  larger  scale  by 
Hadrian  and  the  Antonines.  Under  Commodus 
and  Pertinax  the  distribution  ceased.  In  the  reign 
of  Alexander  Sererus,  we  sgain  meet  with  aiimem' 
tarHpturi  and  jmeUae,  who  were  called  AfamfliaaaRt^ 
in  honour  of  the  emperor*s  mother.  We  learn, 
from  a  decree  of  Hadrian  (Ulp.  «•  Dip.  34.  tit  L 
s.  14),  that  boys  enjoyed  the  benefita  of  this  in« 
stitotion  up  to  their  eighteenth,  and  giris  up  to 
their  fourteenth  3!:ear ;  and,  frmn  an  inscription 
(Fafaretti,  235,  619),  that  a  boy  four  yean  and 
seven  months  old  received  nine  times  the  ordi- 
nary monthly  distribution  of  com.  (AureL  Vict 
EpiL  xiL  4 ;  Capitolin.  Ant.  7^  8,  Af .  Aur. 
26,  Pert  9  ;  Spart  Had.  7  ;  Lamprid.  See. 
Aleat.  57  ;  Crelli,  Itieer.  3864,  3365  ;  Fabretti, 
234,  617  ;  Rasche,  Zee.  Univ.  Bei  Num.  s. «. 
7\Uela  Itaiiae;  Eekhel,  Doet.  Nmm.  VeL  vol.  vL 
p.408;  F.  A.Wol^  Von  emer  miUem  SH/hnig 
TVajame.)  [P.S.] 

ALITILUS,  a  skve,  who  attended  on  bathers, 
to  remove  the  superfluous  hair  from  their  bodies. 
(Sen.  Ep.  66  ;  Pignor.  de  Sere.  42.).       [P.  8.] 

ALIPTAE  (&Xc(irrai)  among  the  Oieeks, 
were  persons  who  anointed  the  bodies  of  the 
athletae,  preparatory  to  their  entering  the  palaes- 
tra. The  chief  object  of  this  anointing  was  to  close 
the  pores  of  the  body,  in  order  to  prevent  excessive 
perspiration,  and  the  weakness  consequent  thereon. 
To  effect  this  object,  the  oil  was  not  simply  spread 
over  the  surface  of  the  body,  but  idso  well  rubbad 
into  the  akin.     The  oil  waa  mixed  with   fina 


76 


ALLUVIO. 


African  sand,  seyeial  jara  full  of  which  were  found 
in  the  baths  of  Titus,  and  one  of  these  is  now  in 
the  British  Museum.  This  prepantory  anointing 
was  called  ^  wapwrKwaarueii  rpl^^ts.  The  athleta 
was  again  anointed  after  the  contest,  in  order  to 
restore  the  tone  of  the  skin  and  musdes ;  this 
anointing  was  called  ii  drotfepaireii.  He  then 
bathed,  and  had  the  dust,  sweat,  and  oil  scraped 
off  his  body,  by  means  of  an  instrument  smiilar  to 
the  strigil  of  the  Romans,  and  called  arTXryyU^  and 
afterwards  i^arpa.  The  aliptae  took  advantage 
of  the  knowledge  they  necessarily  acquired  of  the 
state  of  the  muscles  of  the  athletae,  and  their  gene- 
ral strength  or  weakness  of  body,  to  advise  them 
as  to  their  exercises  and  mode  of  life.  They 
were  thus  a  kind  of  medical  trainers.  larpaXtlirreu. 
(Pint  de  JVend,  San.  16.  p.  430  ;  Celsus,  i  1 ; 
Plin.  H.  N,  xzix.  1,  2.)  Sometimes  they  even 
superintended  their  exercises,  as  in  the  case  of 
Milesias.  (Pindar,  (Hym.  vlii.  54 — 7 1 ;  and  Ddckh  *8 
note.)  [Athlbtax.]  The  part  of  the  palaestra 
in  which  the  athletae  were  anointed  was  called 
oXetirr^ptoy. 

Among  the  Romans,  the  aliptae  were  slaves  who 
scrubbed  and  anointed  their  masters  in  the  baths. 
They,  too,  like  the  Greek  A^cfirrai,  appear  to 
have  attended  to  their  masters*  constitution  and 
mode  of  life.  (Cic.  ad  Fam.  L  9,  35 ;  Senec.  Ep. 
66  ;  Juvenal,  Sai.  m.  76,  vi  422  ;  Pignor.  <U 
Sen.  p.  81.)  They  were  also  called  wietores. 
They  used  in  their  operations  a  kind  of  scraper 
called  a  strigil,  towels  {lintea)^  a  cruise  of  oil  {guUus), 
which  was  usually  of  horn,  a  bottle  [Ampulla], 
and  a  small  vessel  called  l^ietUa.    [Baths.] 

The  apartment  in  the  Greek  palaestra  where 
the  anointing  was  performed  was  called  &A.eiT- 
rfipiov,  that  in  the  Roman  baths  was  called 
unduarium.  [P«  S.] 

ALLU'VIO.  «*  That,"  says  Gains  (iL  70,  Ac), 
**  appears  to  be  added  to  our  land  by  alluvio, 
which  a  river  adds  to  our  land  (offer)  so  gradually 
that  we  cannot  estimate  how  much  is  added  in 
each  moment  of  time  ;  or,  as  it  is  commonly  ex- 
pressed, it  is  that  which  is  added  so  gradually  as 
to  escape  observation.  But  if  a  river  (at  once) 
takes  away  a  part  of  your  land,  and  brings  it  to 
mine,  this  part  still  remains  your  property.**  There 
is  the  same  definition  by  Gaius  in  his  Ret  CoU- 
dianas  (Dig.  41.  tit  1.  s.  7),  with  this  addition:  — 
**  If  the  part  thus  suddoily  taken  away  should 
adhere  for  a  considerable  time  to  my  land,  and  the 
trees  on  such  part  should  drive  their  roots  into  my 
land,  firom  that  time  such  part  appears  to  belong  to 
my  land.**  The  aeqvuitio  per  aUuviomem  was  con- 
sidered by  the  Roman  jurists  to  be  by  the  jus 
gentium,  in  the  Roman  sense  of  that  tenn  ;  and  it 
was  comprehended  under  the  general  head  of 
Accessio.  A  man  might  protect  his  land  against 
loss  from  the  action  of  a  river  by  securing  the 
banks  of  his  land  (Dig.  43.  tit.  15 ;  De  Ripa 
Aftunemja),  provided  he  did  not  injure  the  navi- 
gation. 

If  an  island  was  formed  in  the  middle  of  a  river, 
it  was  the  common  property  of  those  who  possessed 
lends  on  each  bank  of  the  river  ;  if  it  was  not  in 
the  middle,  it  belonged  to  those  who  possessed  lands 
on  that  bank  of  the  river  to  which  it  was  nearest. 
(Gains,  iL  72.)  This  is  explained  more  minutely 
in  the  Digest  (41.  tit  1.  s.  7).  A  river  means  a 
public  river  {JUanm  publicum). 

Accordii^   to  a  constitution  of  the  Emperor 


AMBITUS. 
Antoninus  Pius,  there  was  no  jus  alluvionia  io  the 
case  of  agri  limitati,  for  a  certun  quantity  (certua 
cniqne  modus)  was  assigned  by  the  form  of  the 
centuriae.  (Dig.  41.  tit  1.  s.  16;  comp.  A^zgvuiua 
Urbicns,  in  TttxR^iLCommeKL  De  AUmmme^  pans 
prior,  ed.  Goes  ;  and  Aoxa.)  Ciremmbimo  difFera 
from  alluvio  in  this,  that  the  whole  of  the  land  in 
question  is  suironnded  by  water,  and  subject  to 
its  action,  (^cero  {De  OraL  L  88)  enumerates  the 
jura  aUuvioimm  and  etreumluvionum  as  matters  in- 
cluded under  the  head  ofeaueae  cetttumtfiraies.  ' 

The  doctrine  of  alluvio,  as  stated  by  Bracton  in 
the  cluster  De  aoquirendo  Rerum  Domimo  (foL  9), 
is  taken  from  the  Digest  (41.  tit  1.  s.  7),  and  is 
in  several  passages  a  copy  of  the  words  of  Gaius,  aa 
cited  in  the  Digest  [G.  L.] 

ALOA  or  HALOA  ('AA£a,  'AXmi),  an  Attic 
festival,  but  celebrated  fHincipally  at  Eleusia,  in 
honour  of  Demeter  and  Dionysus,  the  inventors  of 
the  plough  and  protectors  of  the  fruits  of  the  earth. 
It  took  pbce  every  year  after  the  harvest  was  over, 
and  only  fruits  were  offered  on  this  occasion,  partly 
as  a  grateful  acknowledgment  for  the  benefits  the 
husbandman  had  received,  and  partly  that  the  next 
harvest  might  be  plentifiil.  We  learn  from  De- 
mosthenes (c.  Neaer.  p.  1385),  that  it  was  unlawful 
to  offer  any  bloody  sacrifice  on  the  day  of  this  fes- 
tival,  and  that  the  priests  alone  had  the  privilege 
to  offer  the  finxits.  The  festival  was  also  called 
daX^ata  (Hesych.  t.  «.)♦  or  evyieofiurHipta.  [LuS.] 

ALO'GIOU  GRAPHE'  {iJ^iw  ypw^)  an 
action  which  might  be  brought  before  the  logistae 
(AoyurroQ  at  Athens,  against  all  persons  who 
neglected  to  pass  their  accounts,  when  their  term 
of  office  expired.  (Suid.  Hesych.  EtyraoL  s.  e.  ; 
Pollux,  viii.  54  ;  Meier,  AU.  ProeesM^  p.  363.) 

ALTA'RE.    [Ara.] 

ALUTA.    [Calcbus.] 

ALYTAE  (ix^oi).    [Olympia.] 

AMANUENSIS,  or  AD  M  ANUM  SBRVUS, 
a  slave,  or  freedman,  whose  office  it  was  to  write 
letters  and  other  things  under  his  master^s  direc- 
tion. The  amanuensis  must  not  be  confounded 
with  another  sort  of  slaves,  also  called  ad  manmm 
tervif  who  were  always  kept  ready  to  be  employed 
in  any  business.  (Suet  Oaes.  74,  Aug,  67,  A^er. 
44,  TU.  3,  Vetp.  3  ;  CSe.  i>s  Orai,  in.  60,  225  ; 
Pignor.  De  Servis,  109.)  [P.  S.] 

AMARY'NTHIA,  or  AMARY'SIA  CA/*a. 
pMtOy  or  *AfMp6<na),  a  festival  of  Artemis 
Amarynthia,  or  Amaryaia,  celebrated,  as  it  seems, 
originally  at  Amarynthus  in  Euboea,  with  extra- 
ordinary splendour ;  but  it  was  also  solemnized 
in  several  places  in  Attica,  such  as  Athmone 
(Pans.  L  31.  §  3)  ;  and  the  Athenians  held  a  fee- 
tival,  as  Pausanias  says,  in  honour  of  the  same 
goddess,  in  no  way  less  brilliant  than  that  in 
Euboea.  (Hesych.  s.  o.  'Afutpiiruu)  The  festi^-al 
in  Euboea  was  distinguished  for  its  splendid  pro- 
cessions ;  and  Stntbo  himself  (x.  p.  448)  seems  to 
have  seen,  in  the  temple  of  Artemis  AmaryDthia, 
a  column  on  which  was  recorded  the  sdendour 
with  which  the  Eretrians  at  One  time  celebrated 
this  festival.  The  inscription  stated,  that  the  pro- 
cession was  formed  of  three  thousand  heavy-armed 
men,  six  hundred  horsemen,  and  sixty  chariots, 
(Comp.  Schol.  ad  Find.  OL  xiil  159.)    [L  S.] 

AMBARVA'LIA.     [Arvalrs  Fratrbs.] 

A'MBITUS,  which  literally  signifies  **  a  going 
abont,*^  cannot,  perhaps,  be  more  neariy  expressed 
than  by  our  woi^  oanvatsinff*   After  the  plebs  had 


AMBITUSw 

a  distinct  estate  at  Rome,  and  when  the 
whcde  bodyof  thecstisens  had  become  verj  greatly 
imrraifJ,  ve  frequently  read,  in  the  Roman 
wiitefBy  o(f  the  great  efibrts  which  it  was  neoeswy 
far  caadidates  to  make,  in  order  to  secure  the 
TBiea  of  the  citisens.  At  Rome,  as  in  eveiy  com- 
maoity  into  which  the  dement  <if  popular  election 
enien^  aoiidtaticsi  of  Totes,  and  open  or  secret 
aiifl»e»ce  and  bribery,  were  among  toe  means  by 
which  a  fandidatf  secured  his  election  to  the  offices 
of  state.  The  electioos  Rcnned  annually,  and 
caa£dates  had  plenty  of  praetioe  in  the  various 


AMBITUS. 


77 


Wbatever  may  be  the  anthority  of  the  piece 
iatitlcd  **  Q.  CSceronis  de  Petitione  Consnlatus  ad 
M.  Tallima  Fntrem,**  it  seems  to  present  a  pretty 
fiur  pktare  of  thoae  arts  and  means,  by  which  a 
caadidate  might  lawfully  endeaTour  to  secure  the 
nUes  of  the  doctors,  and  also  some  intimation  of 
those  meaofl  which  were  not  lawful,  and  which  it 
was  the  object  of  Tarions  enactments  to  repress. 

A  candidate  was  called jMtifor;  and  his  opponent 
w^  tdcvence  to  him,  owwpetftor.  A  candidate 
(riMiffrfiMfai)  was  so  called  frnm  his  appearing  in  the 
paUie  pbcea,  such  as  the  fan  and  Campus  Mar- 
tias,  bdove  his  Mlow-citisens,  in  a  whitened  toga. 
On  saeh  oerasiwMi,  the  candidate  was  attended  by 
kis  friends  (dSsAtefoncs),  or  followed  by  the  poorer 
atxeeoa  (steCotorar),  who  could  in  no  ^er  manner 
■how  their  good  will  or  giTe  their  assistance.  (Cic. 
pn  Afaneao,  c  34.)  The  word  at$idmita9  ez- 
premed  both  the  contimial  prcsenoe  of  the  candi- 
date at  Romcs,  and  his  contimial  solicitations.  The 
csadidate,  in  going  his  rounds  or  taking  his  walk, 
aas  aoDompattied  by  a  aoieacfafar,  who  gave  him 
the  names  of  soeh  persDns  as  he  might  meet ;  the 
caadidate  was  thus  eiSbled  to  address  them  by 
their  Barnes,  an  indirect  compliment  which  could 
not  fan  to  be  generally  gratifying  to  the  electon. 
The  candidate  accompanied  his  address  with  a 
sbake  of  the  hand  (^reaso^).  The  term  bmiffid- 
Ua  oarapcefacoded  generally  any  kind  of  treating, 
as  shows,  fieaata,  dux  Oindids^  somethnes  lA 
Roaie,  and  visited  the  raloniae  and  munidpia,  in 
vtieh  the  dtizens  had  the  snffia^  ;  thus  Cicero 
proposed  to  visit  the  Cisalpine  towns,  when  he  was 
1  cmdidate  lor  the  consnlship.  (Cic.  ad  AU,  L  1.) 
Tbat  ambitus,  which  was  the  object  of  several 
peasi  enactments^  taken  as  a  generic  tenn,  coropre- 
iMided  the  two  species, — ombitM  and  largUkmet 
(kibeiy).  LSbgraHtm  and  bemgiuteu  are  opposed 
Vf  Cicero,  as  things  allowable,  to  anbUiu  and 
fan^An,  as  things  illegal  (Cic  de  Oral,  ii  25 ; 
sad  compare  pro  Murena^  c.  86.)  The  word  for 
tmMhn  m  the  Greek  writen  is  ttiuurfUs,  Mvaiej 
«as  paid  fiir  votes  ;  and  in  order  to  insure  secrecy 
sad  secure  the  elector,  penons  called  mi&rprdm 
wrre  employed  to  make  the  bargain,  tequeztres  to 
kold  the  money  till  it  was  to  be  paid  (Cic.  pro 
OamL  26),  and  dmaorts  to  distribute  it  (Cic. 
ad  AIL  L  16.)  The  offence  of  ambitus  was  a 
satter  which  bdonged  to  the  judicia  publica,  and 
the  enactments  ag^unst  it  were  nnmerons.  The 
eariiest  enactment  that  is  mentioned  simply  for- 
Isde  peiBODS  *^  to  add  white  to  their  dress,**  with 
s  Tiew  to  an  election.  (B.a  432  ;  Liv.  iv.  25.) 
Tlui  seems  to  mean  using  some  white  sign  or 
token  on  the  dress,  to  signify  that  a  man  was  a 
candidate.  The  object  of  the  law  was  to  check 
ambUiOj  the  name  for  going  about  to  canvass,  in 
phoeoC  which  ambitus  was  subsequently  employed. 


Still  the  practice  of  using  a  white  dnsi  on  oceasion 
of  canvassing  was  usual,  and  appears  to  have  given 
origin  to  the  application  of  the  tenn  eomdidnSxa  to 
one  who  was  a  petitor.  (Owtoia  omftitib,  Persius, 
Sai.  V.  177  ;  Polyb.  z.  4.  ed.  Bekker.)  A  Lex 
Poetelia  (b.c  358  ;  Liv.  vii  15)  forbade  candi- 
dates  canvamin^  on  market  days,  and  going  about 


m  the  country  where  people 
mainly  to  c 


to  the 

collected.  The  law  was  passed  maiiUy  to  check 
the  pretensons  of  novi  homines,  of  whom  the 
nobiks  were  jealous.  By  the  Lex  Cornelia  Baebia 
(&C.  181)  those  who  were  convicted  of  ambitus 
were  incapacitated  from  being  candidates  for  ten 
yeara.  (Liv.  zL  19  ;  SML  Bob,  p.  361.)  The 
Lex  Adlia  OJpomia  (a.  c.  67)  was  intended  to 
suppress  treating  of  the  electon  and  other  like 
matters:  the  poialties  wen  fine,  exclusion  from 
the  senate,  and  pcqwtual  inopacity  to  hold  office. 
(Dion  Cass.  zxzvL  21.)  The  Lex  Tullia  was 
passed  in  the  oonsukhip  of  Cicero  (s.  c  63)  for 
the  purpose  of  adding  to  the  penalties  of  the  Adlia 
Calpomia.  (Dion  &ss.  xxxvil  29;  Ci&  pro 
Mvrena,  c  23.)  The  penalty  under  this  lex  was 
ten  years*  exile.  This  law  forbade  any  person  to 
exhibit  public  shows  for  two  years  before  he  was 
a  candidate.  It  also  forbade  candidates  hiring 
penons  to  attend  them  and  be  about  their  perMms. 
In  the  second  consulship  of  H.  Licinins  Crassos 
and  Cn.  Pompeius  Magnus  (a.  c  55)  the  Lex 
Lidnia  was  pused.  This  lex,  which  is  entitled 
De  Sodalitiis,  did  not  alter  the  previous  laws 
against  bribery;  but  it  was  speoally  directed 
against  a  particular  mode  of  canvassing,  which 
consisted  in  employing  agents  (todtUeo)  to  mark 
out  the  memben  of  the  aevend  tribes  mto  smaller 
portions,  and  to  secure  more  effectually  the  votes 
by  this  division  of  labour.  This  distribution  df 
the  memben  of  the  tribes  was  called  deairiaiio. 
(Cic.  pro  Pkmeio^  c  18.)  It  was  an  obvious  mode 
of  better  securing  the  votes ;  and  in  the  main  is 
rightly  explained  by  Rein,  but  completely  mis- 
undentood  by  Wander  and  others  Dromann 
{GeochickU  Romt^  vol.  iv.  p.  93)  confounds  the  cb- 
cwriaUo  with  the  eoUio  or  coalition  of  candidates  to 
procure  votes.  The  mode  of  appointing  the  jndices 
in  trials  under  the  Lex  Licinia  was  fSao  provided 
by  that  lex.  They  were  called  indices  Editicii, 
because  the  accuser  or  prosecutor  nominated  four 
tribes,  and  the  accused  was  at  liberty  to  reject  one 
of  them.  The  jndices  were  taken  out  of  die  other 
three  tribes ;  but  the  mode  in  which  they  were 
taken  is  not  quite  dear.  The  penalty  under  the 
Lex  Lidnia  was  exile,  but  for  what  period  is 
uncertam.  The  Lex  Pompeia  (&  c.  52),  passed 
when  Pompdus  was  solo  consul  for  part  of  that 
year,  appean  to  have  been  rather  a  measure  passed 
for  the  occadon  of  the  trials  then  had  and  con- 
templated than  any  thing  else.  It  provided  for 
the  mode  of  naming  the  judices,  and  shortened  the 
prooeedingiL  When  C.  Julius  (Caesar  obtained  the 
supreme  power  in  Rome,  he  used  to  recommend 
some  of  the  candidates  to  the  people,  who,  of 
course,  followed  his  recommendation.  As  to  the 
consulship,  he  managed  the  appointments  to  that 
office  just  as  he  pleued«  (Suet  Cbss.  c  41.)  The 
Lex  Julia  de  Ambitn  was  passed  (B.a  18)  in 
the  time  of  Augustus,  and  it  exduded  from  office 
for  five  yean  (Dion  Cass.  liv.  16  ;  Suet  OcL  34) 
those  who  were  convicted  of  bribery.  But  as  the 
Ity  was  milder  than  those  under  the  former 
kws,  we  must  oondude  that  they  were  repealed 


y^ 


AMBITUS. 


in  whole  or  in  part.  Another  Lex  Jiilia  dc  Am- 
bitn  was  passed  (b.  c.  8 ;  Dion  Cas&  Iv.  5)  ap- 
parently to  amend  the  law  of  b.  c.  18.  Candidates 
were  required  to  deposit  a  sum  of  money  before 
canvassing,  which  was  forfeited  if  they  were  con- 
victed of  bribery.  If  any  yiolence  was  used  by  a 
candidate,  he  was  liable  to  exile  (aquae  et  igim 
interdictio). 

The  popular  forms  of  election  were  observed 
during  the  time  of  Augustus.  Under  Tiberius 
they  ceased.  Tacitus  (Annal.  i  15)  observes:  — 
^  The  comitia  were  transferred  from  the  campus  to 
the  patres,**  the  senate. 

While  the  choice  of  candidates  was  thus  partly 
in  the  hands  of  the  senate,  bribery  and  corruption 
still  influenced  the  elections,  though  the  name  of 
ambitus  was,  strictly  speaking,  no  longer  appli- 
cable. But  in  a  short  time,  the  appointment  to 
public  offices  was  entirely  in  the  power  of  the  em- 
perors ;  and  the  magistrates  of  Rome,  as  weU  as 
the  populus,  were  merely  the  shadow  of  that  which 
had  once  a  substantial  form.  A  Roman  jurist,  of 
the  imperial  period  (Modestinus),  in  speaking  of 
the  Julia  Lex  de  Ambitu,  observes,  **  This  law  is 
now  obsolete  in  the  city,  because  the  creation  of 
magistrates  is  the  business  of  the  princeps,  and 
does  not  depend  on  the  pleasure  of  the  populus  ; 
but  if  any  one  in  a  municipium  should  offend 
against  this  law  in  canvassing  for  a  sacerdotium  or 
magistratiis,  he  is  punished,  according  to  a  senatus 
consultum,  with  infamy,  and  subjected  to  a  penalty 
of  100  aurei."  (Dig.  48.  tit  14.) 

The  laws  that  have  been  enumerated  are  pro- 
))ably  all  that  were  enacted,  at  least  all  of  which 
any  notice  is  preserved.  Laws  to  repress  bribery 
were  made  while  the  voting  was  open  ;  and  they 
continued  to  be  made  after  the  vote  by  ballot  was 
introduced  at  the  popular  elections  by  the  Lex 
Gabinia  (b.  c.  139).  Rein  observes  that  "  by  this 
change  the  control  over  the  voters  was  scarcely 
any  longer  possible  ;  and  those  who  were  bribed 
could  not  be  distinguished  from  those  who  were 
not^  One  argument  in  &vour  of  ballot  in  modem 
times  has  been  that  it  would  prevent  bribery  ;  and 
probably  it  would  diminish  the  practice,  though 
not  put  an  end  to  it  But  the  notion  of  Rein  that 
the  bare  &ct  of  the  vote  being  secret  would  in- 
crease the  difficulty  of  distinguishing  the  bribed 
from  the  unbribcd  is  absurd  ;  for  the  bare  know- 
ledge of  a  man^s  vote  is  no  part  of  the  evidence  of 
bribery.  It  is  worth  remark  that  there  is  no  in- 
dication of  any  penalty  being  attached  to  the 
receiving  of  a  bribe  for  a  vote.  The  utmost  that 
can  be  proved  is,  that  the  dwitorea  or  one  of  the 
class  of  persons  who  assisted  in  bribery  were 
punished.  (Cic  pro  Plando,  c  23,  pro  Murena, 
c  23.)  But  this  is  quite  consistent  with  the  rest : 
the  briber  and  his  agents  were  punished,  not  the 
bribed.  When,  therefore.  Rein,  who  refers  to 
these  two  passaces  under  the  Lex  Tullia,  says : 
'*  Even  those  who  received  money  from  the  can- 
didates, or  at  least  those  who  distributed  it  in 
their  names,  were  punished,**  he  couples  two  things 
together  that  are  entirely  of  a  different  kind.  The 
proposed  Lex  Aufidia  (Cic.  ad  Alt.  i.  16)  went 
so  &r  as  to  declare  that  if  a  candidate  promised 
money  to  a  tribe  and  did  not  pay  it,  he  should  be 
unpimished  ;  but  if  he  did  pay  the  money,  he 
should  further  pay  to  each  tribe  (annually  ?) 
3000  sesterces  as  long  as  he  lived.  This  absurd 
.proposal  was  not  carried;  but  it  shows  clearly 


AMICTUS. 
enough  that  the  principle  was  to  punish  the  briber 
only. 

The  trials  for  ambitus  were  numerotu  in  the 
time  of  the  republic.  A  list  of  them  is  giTen  by 
Rein.  The  oration  of  Cicero  in  defence  of  L. 
Murena,  who  was  charged  with  ambitus,  and  that 
in  defence  of  Cn.  Plancius,  who  was  tried  under 
the  Lex  Lieinia,  are  both  extant  (Rein,  Criminal- 
recki  der  Romety  where  all  the  authorities  are  col- 
lected ;  Cic.  Pro  Plameio,  ed.  Wundcr.)       [G.  L.] 

AMBLOSEOS  GRAPHE'  (A^Aiicrws 
ypa^),    [Abortio.] 

AMBRO'SIA  (ifiep6<ria\  festivals  obserred  in 
Greece,  in  honour  of  Dionysus,  which  seem  to  have 
derived  their  name  from  the  luxuries  of  the  table, 
or  from  the  indulgence  of  drinking.  According  to 
Tsetses  on  Hesiod  (Op.  «t  D.  v.  504)  these  festivals 
were  solemnised  in  die  month  of  Lenaeon,  during 
the  vintage.  (Etym.  M.  s.  v.  ATivau&y,  p.  564.  7. ; 
G.  £.  W.  Schneider,  Ueber  das  AUimAs  TAeaier- 
tvemi,  p.  43  ;  K.  F.  Hermann,  Lehrb.  d.  gottemiieitstL 
AUerth.  d.  Griechen^  §  58.  n.  7.)  [L.  S.] 

AMBUBAIAE,  female  musicians  from  Syria, 
who  gained  their  living  by  performing  in  public,  at 
Rome,  especially  in  the  Circus.  Their  name  is 
derived  from  thd»Syrian  word  abvb  or  a»5»A,  a 
flute.  Their  moral  condition  was  that  which 
females  of  their  cUiss  generally  fall  inta  The 
Bayaderes  of  India  will  perhaps  give  the  best  idea 
of  what  they  were.  (Hor.  Sat.  i.  2.  1,  with  Hein- 
dorfs  Note;  Juvenal,  iii.  62 ;  Suet  Ner.'il ; 
Priapeia,  26  ;  Petron.  Ixxiv.  13.)  [P.S.] 

AMBU'RBIUM,  or  AMBURBIA'LE,  a  sa- 
crifice which  was  performed  at  Rome  for  the  purifi- 
cation of  the  city,  in  the  same  manner  as  the 
ambarvalia  was  intended  for  the  purification  of  the 
country.  The  victims  were  carried  through  the 
whole  town,  and  the  sacrifice  was  usually  per- 
formed when  any  danger  was  apprehended  in  con- 
sequence of  the  appearance  of  prodigies,  or  other 
circumstances.  (Obseq.  De  Prodig.  c  48 ;  ApuL 
Metamorph.  iii.  ab  init.  p.  49,  Btpont  ;  Lncan.  L 
593.)  Scaliger  supposed  that  the  amburbinm  and 
ambarvalia  were  the  same  ;  but  their  difference  is 
expressly  assested  by  Servins  (ad  Virg.  EcL  iii. 
77),  and  Vopiscus  (atnlmrijium  ceUbratum,  ambar- 
valia promitsa  ;  Aurel.  c  20). 

AMENTUM.     [Hasta.] 

AMICTO'RIUM,  a  linen  covering  for  the 
breasts  of  women,  probably  the  same  as  the  stro- 
phium.  [Strophium.]  (Martxiv.  149.)  In  later 
times  it  seems  to  have  been  used  in  the  same  sense 
asAmictus.    (Cod.  Theod.  8.  tit.  5.  s.  48.)  [Amic- 

TUS.] 

AMICTUS,  AMI'CULUM.  The  verb  omtcW 
is  commonly  opposed  to  induert^  the  former  being 
applied  to  the  putting  on  of  the  outer  garment, 
the  chlamys,  pallium,  laena,  or  toga  (Ifidnoy,  ipa- 
pos) ;  the  latter,  to  Uie  putting  on  of  the  inner  gar- 
ment, the  tunica  (xtrtov).  In  consequence  of  this 
distinction,  the  verbal  nouns,  amictus  and  induhu^ 
even  without  any  farther  denomination  of  the  dress 
being  added,  indicate  respectively  the  outer  and 
the  inner  clothing.  (See  TibuU.  L  9.  13.;  Com. 
Nep.  Oimott,  4,  Dai.  3.  §2  ;  Virg.  Aem,  iii  545, 
V.  421,  compared  with  Apoll.  Rhod.  iL  30.)  Some- 
times, however,  though  rarely,  amidre  and  induere 
are  each  used  in  a  more  general  way,  so  as  to  refer 
to  any  kind  of  clothing. 

In  Greek  amidre  is  expressed  by  i^wwr^^ 
i^iiwywrBoky  itftM^x^vBai,  4wi€4}JieaikUi  «€/»• 


AMPHICTYONES. 


AMPHICTYONES. 


79 


€ixXa^fm :  tad  tWaifv  bj  M^iy.  Hence  came 
4fc«<rp£s«  ifKr€x^y  im€\nfM  and  i-wtS^Keuotf, 
v<^€Ai|pwaiiid  a-ffi^^Aaioy,  an  oater  garment,  and 
&d«yca,  an  inner  gannent)  a  tunic,  a  shirt  [J. Y.] 

A3f  31A  (<f<MA)i  A  Greek  meamre  of  length, 
equal  to  forty  «^x<'^  (cubits),  or  lizty  t^Scs  (feet). 
It  waa  used  in  meaauiing  land.  (Hero,  De  Mm- 
mru.)  [P.S.] 

AMNrSTIA  (ifurnrriA),  u  a  word  nsed  bj 
the  iatier  Greek  writen,  and  from  them  borronred 
by  the  Romana,  to  describe  the  act  or  arrangement 
br  vhich  offences  were  forgaUat^  or  regarded  as 
if  they  bad  not  been  committed,  so  that  the  of- 
^»der  could  not  be  odled  to  aocoont  for  them. 
TIm  word  is  chiefly  used  with  reference  to  the 
accnees  committed,  or  alleged  to  hare  been  oom- 
BJned,  against  the  laws,  during  those  conflicts  of 
offwsing  factions  which  so  often  occurred  in  the 
OnA,  repablics,  and  in  which  the  Tictorious 
psity  asoally  took  a  sanguinary  vengeance  upon 
iti  opponents.  So  rare,  indeeid,  were  the  ex- 
cepcions  to  this  eooxse  of  vengeance,  that  there  is 
€oW  floe  case  of  amnesty  in  Greek  history,  which 
requiics  any  particular  notice.  This  was  the  am- 
Vfcsxj  which  terminated  the  struggle  between  the 
desBoczatical  and  digarchical  parties  at  Athens, 
s:^  completed  the  revolution  by  which  the  power 
of  the  Thirty  Tyrants  was  overthrown,  b.  c  403. 
It  «as  arranged  by  the  mediation  of  the  Spartan 
king  Pansaniaa,  and  extended  to  all  the  dtisens 
vho  bad  eommitted  illegal  acts  during  the  recent 
tioahles,  with  the  exception  of  the  Thirty  and 
the  Seven,  and  the  Ten  who  had  ruled  in  Pei- 
xaois  ;  and  evmi  they  were  only  to  be  excepted  in 
ease  of  their  refusal  to  give  an  account  of  their 
fomnment ;  their  childroi  were  included  in  the 
aanesty,  and  were  permitted  to  reside  at  Athens. 
An  additioD  was  made  to  the  oath  of  the  senators, 
lading  them  not  to  receive  any  endeaia  or  c^pagope 
so  aeeoont  of  anything  done  before  the  amnesty, 
dte  strict  observance  of  which  was  also  imposed 
h?  an  oath  upon  the  dicastae.  (Xen.  HeUen.  IL 
4.'  ^  38 — 13  ;  Andoc.  de  AfysL  p.  44  ;  Bern, 
n  BoaoL  pi  1018 ;  Nepos,  Thra^/buL  3^  who 
jaskes  a  oonfnaion  between  the  Ten  Tyranu  of 
Peiaeas  and  the  Ten  who  succeeded  the  Thirty 
in  the  city ;  Taylor,  Xjissoe  VUa ;  Wachsmuth, 
//«an.  Aiierth.  voL  L  pp.  646,  647,  new  edition  ; 
Uenoann,  FoliL  Antiq.  ofGreee^  §  169.) 

The  {bcm  of  the  word  is  incorrectly  given  in 
BOBie  modem  works  as  ofurQarcfa.  But  even  the 
geonbie  form  only  belongs  to  later  Greek  ;  being 
used  only  by  Plutarch  (Oc  42,  AsUotu  14),  Hero- 
dian  (iii  4.  §  17,  ▼.  4.  §  18,  viii.  12.  §  6),  Philo, 
sad  still  later  writers.  The  better  ^Titers  nsed 
ftScic,  and  the  verbal  form  is  o&  fiynffucoK^of,  Re  - 
cpeccii^  the  supposed  allusion  to  the  word  by 
Cicero,  see  Facciolati,  a.  v,  [P.  S.] 

AMPHIARAIA  (a^Mtpdid),  games  celebrated 
in  honour  of  the  ancient  hero  Amphiaraus,  in  the 
neighboarhood  of  Oropus,  where  he  had  a  temple 
vith  a  celebrated  otncle.  (Sckol,  ad  Find.  OL  vii. 
io4 ;  the  rites  observed  in  his  temple  are  de- 
scribed by  Pansanias  (L  34.  §  3.  ;  K.  F.  Hermann, 
LAHk  d.  gottetdienfiff.  AUertk.  d.  Orie^Jien^  §  63. 
a.1.)  [L.S.] 

AMPHFCTYONES  (•AAi4>iirrAi»'65),  members 
tAviAutpkie^toma  ( 'A^iicruoy£aor*A/i^iin-(oi'<a). 

Institutions  called  Amphictyonie  appear  to  have 
existed  in  Qreeee  from  tune  immemorial.  Of  their 
Bstnrc  and  object  history  gives  us  only  a  general 


idea  ;  but  we  may  safely  believe  them  to  have  been 
associations  bf  originally  neighbouring  tribes,  formed 
for  the  regulation  of  mutiuU  intercourse,  and  tha 
protection  of  a  common  temple  or  sanctuary,  at  which 
the  representatives  of  the  different  members  met* 
to  trsnsact  business  and  celebrate  religious  rites 
and  games.  This  identity  of  religion,  coupled 
with  near  neighbourhood,  and  that  too  in  ages  of 
remote  antiquity,  implies  in  all  probability  a  cer- 
tain degree  of  affinity,  which  might  of  itself  pro- 
duce unions  and  confederacies  amongst  tribes  so 
situated,  regarding  each  other  as  members  of  the 
same  great  femily.  They  would  thus  preserve 
among  themselves,  and  transmit  to  their  children, 
a  spirit  of  nationality  and  brotherhood ;  nor  could 
any  better  means  be  devised  than  the  bond  of  a 
common  reli^ous  worship,  to  counteract  the  hostile 
interests  which,  sooner  or  later,  spring  up  in  all 
laige  societies.  The  causes  and  motives  firom  which 
we  might  expect  such  institutions  to  arise,  existed 
in  every  neighbourhood ;  and  accordingly  we  find 
many  Amptnctytmae  of  various  degrees  of  import- 
ance, though  our  information  respecting  them  is 
very  deficient 

Thus  we  learn  from  Strabo,  that  there  was  one  of 
some  celebrity  whose  place  of  meeting  was  a  sanc- 
tuary of  Poseidon  (Muller,  Donams,  ii.  10.  §  5  ; 
Strah.  viiL  p.  374)  at  Calanria,  an  ancient  settle- 
ment of  the  lonians  in  the  Saronic  Gull  The  original 
members  were  Epidaurus,  Hermione,  Nauplia, 
Prasiae  in  Laconia,  Aegina,  Athens,  and  die  Boeo- 
tian Orchomenus  (Thirlwall,  Hui.o/Gnaot,  voL  i. 
p.  375);  whose  remoteness  from  each  other  makes  it 
difficult  to  conceive  what  could  have  been  the  mo- 
tives for  forming  the  confederation,  more  especially 
as  religious  causes  seem  precluded  by  the  fikct,  that 
Troezen,  though  so  near  to  Calanria,  and  though 
Poseidon  was  its  tutelary  god,  was  not  a  memb«r. 
In  after  times,  Argos  and  Sparta  took  the  place  of 
Nauplia  and  Prasiae,  and  religious  ceremonies  were 
the  sole  object  of  the  meetings  of  the  association. 
There  also  seems  to  have  been  another  in  Argolis 
(Strab.  L  c  ;  Pansan.  iv.  5)  distinct  finom  that  of 
Calanria,  the  place  of  congress  being  the  'Hpoibr, 
or  temple  of  Hera.  Delos,  too,  was  the  centre  of 
an  Amphictyony  —  the  religious  metropolis,  or 
'loTii}  K^trwy  of  the  neighbouring  Cyclades,  where 
deputies  and  embassies  (^ct»poQ  met  to  celebrate 
religious  solemnities,  in  honour  of  the  Dorian  Apollo, 
and  apparently  without  any  reference  to  political 
objects.    (Miiller,  ii.  3.  §  7 ;  Callim.  I/ymu.  325.) 

The  system  indeed  was  by  no  means  confined  to 
the  mother  country ;  for  the  federal  unions  of  the 
Dorians,  lonians,  and  Aeolians,  living  on  the  west 
coast  of  Asia  Minor,  seem  to  have  been  Amphic- 
tyonie in  spirit,  although  modified  by  exigencies  of 
situation.  Their  main  essence  consisted  in  keep- 
ing periodical  festivals  in  honour  of  the  acknow- 
ledged gods  of  their  respective  nations.  Thus  the 
Dorians  held  a  federal  festival,  and  celebrated  re- 
ligious games  at  Triopium,  uniting  with  the  worship 
of  their  national  god  Apollo  that  of  the  more  an- 
cient and  Pelasgic  Dcmeter.  The  lonians  met  for 
similar  purposes  in  honour  of  the  Heliconian  Po- 
seidon *  at  Mycale, — their  place  of  assembly  being 
called  the  Panionium,  and  their  festival  Panionia. 
The  twelve  towns  of  the  Aeolians  assembled  at 
Grynea,  in  honour  of  Apollo.    (Herod.  1 144,  148, 


*  Poseidon  was  the   god   of  the   lonians,  as 
Apollo  of  the  Dorians.     MUller,  Dor.  ii,  10.  §.  5. 


80 


AMPHICTYONES. 


149;  Dionys.  iv.  25.)  That  these  confederacies 
were  not  merely  for  offensive  and  defensive  pur- 
poses, may  be  inferred  from  their  existence  after 
the  subjugation  of  these  colonies  by  Croesus ;  and 
we  know  that  Ualicamassus  was  excluded  from  the 
Dorian  union,  merely  because  one  of  its  citizens 
had  not  made  the  usual  offering  to  Apollo  of  the 
prize  he  had  won  in  the  Triopic  contests.  A  con- 
federation somewhat  similar,  but  more  political  than 
religions,  existed  in  Lycia  (Strab.  xiv.  p.  664): 
it  was  called  the  **  Lycian  system,"^  and  was 
composed  of  twenty-three  cities. 

But  besides  these  and  others,  there  was  one 
Amphictyony  of  greater  celebrity  than  the  rest, 
and  much  more  lasting  in  its  duration.  This  was 
by  way  of  eminence  called  the  Amphictyonic 
league  ;  and  differed  from  the  other  associations  in 
having  two  places  of  meeting,  the  sanctuaries  of 
two  divinities.  These  were  the  temple  of  De- 
meter,  in  the  village  of  Anthela,  near  Thermopyke 
(Herod,  vii.  200),  where  the  deputies  or  repre- 
sentatives met  in  autumn ;  and  that  of  Apollo  at 
Delphi,  where  they  assembled  in  spring.  The  con- 
nection of  this  Amphictyony  with  the  latter  not 
only  contributed  to  its  dignity,  but  also  to  its  per- 
manence. With  respect  to  its  early  history,  Strabo 
(ix.  p.  420)  says,  that  even  in  his  days  it  was  im- 
possible to  learn  its  origin.  We  know,  however, 
that  it  was  originally  composed  of  twelve  tribes  (not 
cities  or  states,  it  must  be  observed),  each  of  which 
tribes  contained  various  independent  cities  or  states. 
We  learn  from  Aeschines  (De  F.  L.  §  122,  ed. 
Bekker),  a  most  competent  authority  (b.  c.  343), 
that  eleven  of  these  tribes  were  as  follows : — The 
Thcssalians,  Boeotians  (not  Thebans  only),  Do- 
rians, lonians,  Perrhaebians,  Magnetes,  Locrians, 
Oetaeans  or  Ainianes,  Phthiots  or  Achaeans  of 
Phthia,  Malians,  or  Melians,  and  Phocians  ;  other 
lists  (Pans.  x.  8.  §  2)  leave  us  in  doubt  whether  the 
remaining  tribe  were  the  Dolopes  or  Delphians; 
but  as  the  Delphians  could  hardly  be  called  a  dis- 
tinct tribe,  their  nobles  appearing  to  have  been 
Dorians,  it  seems  probable  that  the  Dolopes  were 
originally  members,  and  afterwards  supplanted  by 
the  Delphians.  (Titmann,  pp.  39,  43.)  The  pre- 
ponderance of  the  Thessalian  and  northern  nations 
of  Greece  proves  the  antiquity  of  the  institution, 
no  less  than  eight  of  the  twelve  tribes  being  of  the 
Pelasgic  race :  and  th^  &ct  of  the  Dorians  stand- 
ing on  an  equality  with  such  tribes  as  the  Malians, 
shows  that  it  must  have  existed  before  the  Dorian 
conquest  of  the  Peloponnesus  which  originated 
several  states  more  powerful,  and  therefore  more 
likely  to  have  sent  their  respective  deputies,  than 
the  tribes  mentioned.  The  Thessalians  indeed  in 
all  probability  joined  the  league  about  twenty  years 
before  that  event,  when  they  settled  in  Thessaly, 
after  quitting  Thesprotia  in  Epeirus,  and  the  date  of 
the  origin  of  the  league  itself  has  been  fixed  (Clinton, 
F.  H.  vol.  L  p.  66)  between  the  60th  and  80th  years 
from  the  Ml  of  Troy.  That  it  existed  moreover 
before  the  Ionian  migration,  may  be  inferred  from 
the  lonians  of  Asia  having  a  voto,  acquired  without 
doubt  when  in  the  country,  and  from  the  statement 
of  Tacitus  (AtmaL  iv.  14) :  *•*  Samii  decreto  Am- 
phictyonum  nitebantur,  quis  praecipuum  fuit  remm 
omnium  judicium,  qua  tempestate  Orseci,  conditis 
per  Asiam  urbibus,  ora  mans  potiebantur.** 

We  learn  from  Aeschines  {L  c),  that  each  of 
the  twelve  Amphictyonic  tribes  had  two  votes  in 
congress,  and  that  deputies  from  such  towns  as 


AMPHICTYONES. 
(Dorium  and)*  Cytininm  had  equal  power  with 
the  Lacedaemonians,  and  that  Eretria  and  Piiene, 
Ionian  colonies,  were  on  a  par  with  Athens  {la-&t^irt^ 
^Mt  rois  *A07iyalots),  It  seems  therefore  to  follo^nr, 
either  that  each  Amphictyonic  tribe  had  a  cycle 
(Strab.  ix.  p.  420  ;  Pausan.  x.  8.  §  2),  according 
to  which  its  component  states  returned  deputies, 
or  that  the  vote  of  the  tribe  was  determined  by 
a  majority  of  votes  of  the  diiforent  states  of  that 
tribe.    The  latter  supposition  might  explain  the 

foct  of  there  being  a  larger  and  smaller  assembly 

a  fiovK-fi  and  iKKXtiiria — at  some  of  the  congresses, 
and  it  is  confirmed  by  the  circumstance  that  there 
was  an  annual  election  of  deputies  at  Athena,  un- 
less this  city  usurped  functions  not  properly  its 
own. 

The  council  itself  was  called  Pplaea  (nuAa£a) 
firom  its  meeting  in  the  neighbourhood  of  Pylac 
(Thermopylae),  but  the  same  name  was  giren.  to 
the  session  at  Delphi  as  well  as  to  that  at  Ther- 
mopyUe.     It  was  composed  of  two  classes  of  re- 
presentatives, one  called  Pylofforae  {llvKir/6peu\ 
the  other  Hieromnemones  (^Upofiv/i/iiOPts).    Oif  the 
former,  three  were  annually  elected  at  Athens  to 
act  with  one  Hieromnemon  appointed  by  bt  (Aris> 
toph.  Nttbes^  v.  607.)     That  his  office  was  highly 
honourable  we  may  infer  finom  the  oath  of  the 
HeliasU  (Dem.  c.  TVmoor.  §  170,  ed.  Bekker),  in 
which  he  is  mentioned  with  the  ninearchons.     On 
one  occasion  we  find  that  the  president  of  the 
council  was  a  Hieromnemon,  and  that  he   was 
chosen  general  of  the  Amphictyonic  forces,  to  act 
against  Sie  Amphissians.  (Titmann,  pi  87.)   Hence 
it  has  been  conjectured  that  the  Hieromnemonea, 
also  called  UpaypafAfAorw,  were  superior  in  rank 
to  the  pylagorae.  (Titmann,  pp.  84, 86.)    Aeschines 
also  contrasts  the  two  in  such  a  way  as  to  warrant 
the  inference  that  the  former  office  was  the  more 
permanent  of  the  two.     Thus  he  says  (e-OSes. 
§  115,  ed.  Bekker),  ^  When  Diognetus  was  Hiero« 
mnemon,  ye  chose  me  and  two  others  Pylagorae.** 
He  then  contrasts  *^the   Hieromnemon  of   the 
Athenians  with  the  Pylagorae  for  the  time  being.** 
There  is  even  good  reason  for  supposing  that  the 
Hieromnemon  was  elected  for  life  (Clinton,  F.  ff. 
vol.  iiL    p.  621  ;  Titmann,  /.  c),  although  some 
writers  are  of  a  different  opinion.     (Sch5mann,  (U 
Conut  p.  392.)  Again,  we  find  inscriptions  (Bdckh, 
Inser,  1171 )« containing  surveys  by  the  Hieromne- 
mones,  as  if  they  form^  an  executive  ;  and  that 
the  council  coniBluded  their  proceedings  on  one 
occasion  (Aesch.  c.  Ctes.  §  124),  by  resolving  that 
there  should  be  an  extraordinary  meeting  prerioualy 
to  the  next  regular  assembly,  to  which  the  Hiero- 
mnemones  should  come  wiUi  a  decree  to  suit  the 
emergency,  just  as  if  they  had  been  a  standing 
committee.    Their  name  implies  a  more  immediate 
connection  with  the  temple;  but  whether  they 
voted  or  not  upon  matters  in  general  is  doubtfiil : 
from  the  two  Amphictyonic  decrees  quoted  below, 
we  might  infer  that  they  did  not,  while  the  in- 
scriptions (1688  and  1699),  quoted  by  Schomann 
(p.  392),  and  the  statement  of  Demosthenes  {pro 
Coron.  §  277,  ed.  Bekker),  lead  to  a  oontraiy  con- 
clusion.     The  narrative  of   Aeschines  (e,  Ctes, 
§  121)  implies  that  they  were  more  peculiarly  the 
representatives  of  their  constituent  states.    Pro- 
bably the  respective  functions  of  the  two  classes 

*  There  is  a  doubt  about  the  reading, —See 
Thuc  iii.  95  ;  Titmann,  p.  52. 


AHPHICTTONE& 

of  reptcMBtadfet  were  not  lirietlT  defined,  and 
varied  at  dHBseni  times,  if  indeed  uuj  are  always 
carrectiy  dieiii^iuefced  by  the  anthore  who  aUnde 
u>  tbem.  The  ImAjftfia,  or  general  assembly,  in- 
doded  not  enlr  the  rtasswi  meationed,  bat  also 
th«ae  wrhe  had  joined  in  the  sacrifices  and  were 
coosoltiBg  the  god,  and  as  there  was  a  large  mul- 
titode  ananally  collected  at  the  Anmhictyonic  ses- 
MQ  att  Thenaofiylae,  it  was  probably  numeroosly 
aocaded.  (Hcsjduna,  ad  SopjL  TVocA.  t.  6S9,) 
It  was  coavened  on  extxaqidinazy  occasions  by 
^e  ehajnaan  of  the  oeimcil  CO  rks  ypti/ios 
#«#^£er,  AesdL  L  cl). 

Of  the  dntiea  of  this  latter  body  nothing  will 

^vv  as  a  dearer  Tiew  than  the  osiths  taken  and 

the  decieca  Bnde  by  it.     The  oath  was  as  follows 

(Aeeeh.  l>eF.L.%  121) :   ^  They  would  destroy 

as  dtj  off  the  Amphktyons,  nor  cot  off  their 

stnaflH  in  war  or  peace ;  and  if  any  should  do  so, 

they  wooU  march  against  him  and  destroy  his 

cities  ;  and  shonld  any  pillage  the  property  df  the 

Ipody  or  be  priTj  to  or  phm  any  thing  i^iainst  what 

was  in  his  temple  at  Delplo,  th^  would  take 

T«egmaee  on  hmi  with  hand  and  loot,  and  voice, 

aad  all  their  might.^    There  are  two  decrees  given 

hr  Demosthenea,  both  commencing  thus  (D^  de 

Cvr.  S  197) :  —  **  When  Cleinagoras  was  priest 

(ic^f^),  at  the  qving  meeting,  it  was  reaolyed  by 

tbe  pflageine  and  the  assessors  of  the  Amphictyons, 

sad  the  geneial  body  of  them,**  Ac     The  resolntion 

IB  the  seoood  case  was,  that  as  the  Amphissianscon- 

tsaed  to  cahrvste  **  As  aaend  didna^^  Philip  of 

Maeedsn  shovdd  be  recinested  to  help  ApoUo  and  the 

AaphidjBns,  and  that  he  was  thereby  constitated 

sbsohne  gencnd  of  the  Amphictyons.    He  ae- 

ccfaed  the  office,  and  soon  reduced  the  offending 

atj  Is  sabjection.    Ynm  the  oath  and  the  decrees, 

ve  Ke  that  the  main  dnty  of  the  depoties  was  the 

ptcserretifln  of  the  rights  and  dignity  of  the  temple 

at  Delphi.    We  know,  too,  that  after  it  was  burnt 

dowB  (a  a  548),  they  contracted  with  the  Alcmae- 

flBidsefiirtherehaiUing  (Herod,  ii.  180,t.62);  and 

Athcoaeos  (&  c.  160)  informs  us  (ir.  p.  1 73,  b)  that 

is  otber  matters  connected  with  die  worship  of  the 

Mphiaa  god  they  condescended  to  the  regnla- 

tim  of  tM  nunnteat  trifles.    History,  moreorer, 

tesches  that  if  the  oeoncil  prodnoed  any  palpable 

fiectt,  it  was  from  their  interest  in  Delphi ;  and 

tfcangh  it  kept  np  a  standing  record  of  what  onght 

to  Ittve  been  the  international  law  of  Greece,  it 

toawtiaMS  acqoiesced  in,  and  at  other  times  was  a 

pvtr  to^  the  most  iniqnitons  and  cniel  acts.    Of 

tkii  the  case  of  Crissa  is  an  instance.    This  town 

lay  SB  the  Gnlf  of  Corinth,  near  Delphi,  and  was 

nradi  frequented   by  pflgrims  from  the   West. 

Tlie  Criaaeans  werechsmd  by  the  Ddphians  with 

mdue  exutions  from  these  strangers,  and  with 

•dur  crimes.    The  comidl  declared  war  against 

tbem,  ss  gniHy  of  a  wrong  against  the  god.     The 

«v  Is^ed   ten  yean,  till,  at  the  suggestion  of 

SoIoB,  the  waters  of  the  Pleistos  were  turned  of!^ 

tbqi  pouooed,  and  tamed  again  into  the  atj. 

The  beneeed  diank  their  fill,  and  Crissa  was  soon 

nsed  to  the  gninnd  ;  and  thus,  if  it  were  an  Am- 

phieiyonie  ci^,  was  a  solemn  oath  doubly  riolated. 

Iti  toritaiy — ^tbe  rich  Crissaean  or  Cirrhaean  plain 

to  the  god,  and  cwvcs  impre> 


AMPHICTY0NE8. 


81 


cited  npoB  onr  one  who  shonld  till  or  dwell  in  it 
Thv  coded  the  First  Sacred  War  (&  a  586),  in 
tftidi  tkeAthenians  and  Amphictyons  were  the  in- 
ttBoaftoff  Delpiiina  Tcogeance.  (Pans.  x.  37.  S  ^ ; 


Clinton,  F.  /f.  yoL  ii.  p.l d6  ;  Aeschin.  e.  Q«t.  §  lOd.) 
The  Second,  or  Phocian  War  (b.  c.  866),  was  the 
most  important  in  which  the  Amphic^ons  were 
concerned  (Thiriwall,  Hut.  ofOneee^  toL  t.  p.  263 
— 372)  ;  and  in  this  the  Thebans  aTailed  them- 
selTcs  of  the  sanction  of  the  council  to  take  ven- 
geance on  their  enemies,  the  Phodans.  To  do 
this,  however,  it  was  necessary  to  call  in  Philip  of 
Maoedon,  who  ieadily  prodaimed  himself  the 
champion  of  Apollo,  as  it  opened  a  pathway  to  his 
own  ambition.  The  Phodans  were  subdued  (b.  a 
346),  and  the  council  decreed  that  all  their  cities, 
except  Abac,  should  be  rased,  and  the  inhabitants 
disposed  in  villages  not  containing  more  than  fifty 
inhabitants.  Their  two  votes  were  given  to  Philip, 
who  thereby  gained  a  pretext  for  interfering  with 
the  affinxB  of  (Greece  ;  and  also  obtained  the  recog- 
nition of  his  subjects  as  Hellenes.  To  the  causes 
of  the  Third  Saored  War  allusion  has  been  made 
in  the  deems  quoted  by  Demosthenes.  The  Am- 
phissians  tilled  the  devoted  Cirrhaean  plain,  and 
behaved,  as  Strabo  (ix.  p.  41 9)  says,  worse  than  the 
Criasaeons  of  old  (xc^povs  ^<rw  wcpl  rohs  (^yovr). 
Their  submission  to  Philip  was  immediately  fol- 
lowed Ifjf  the  battle  of  Chaenmeia  (&  &  338),  and 
the  extinction  of  the  independence  of  Greece.  Tu 
the  following  year,  a  congress  of  the  Amphictyonic 
states  was  held  ;  in  which  war  was  dedared  as  if 
by  united  Greece  against  Perija,  and  Philip  elected 
eommander-in-chie£  On  this  occasion  die  Am- 
phictyons assumed  the  character  of  national  repre- 
sentatives as  of  old,  when  they  set  a  price  upon  the 
head  of  Ephialtes,  fiir  his  treason  to  Greece  at 
Thermopylae,  and  erected  monuments  in  honour  of 
the  Gredcs  who  fell  there.  Herodotus  indeed 
(vii.  214,  228),  speaking  of  them  in  reference  to 
Ephialtes,  calls  them  oi  rmv  t^Xhvtnf  nvXjay6poi. 

We  have  snfinently  shown  that  the  Amphio* 
tyons  themselves  did  not  observe  the  oaths  they 
took ;  and  that  they  did  not  much  alleviate  the 
horrors  of  war,  or  enforce  what  they  had  swom  to 
do,  is  proved  by  many  instances.  Thus,  for  in- 
stance, Mycenae  was  deetrOTed  by  Argos  ( n.  c.  468X 
Thespiae  and  Plataeae  by  Thebee,  and  Thebes  her- 
self swept  finom  the  fiiee  of  the  earth  by  Alexander 
{iK  fUoris  Ti9s'EAAd3o9  ^^sidCtr^,  Aeschin.  t,  CU$. 
§  138).  Indeed,  we  may  infer  from  Thueydidea 
(L  1 12),  that  a  few  yean  before  the  Peloponnesian 
war,  the  council  was  a  passive  spectator  of  what 
he  calls  b  Up^s  w^Xcfiot,  when  the  Lacedaemonians 
made  an  expedition  to  Delphi,  and  put  the  temple 
into  the  hands  of  the  Delphiajis,  Uie  Athenians, 
after  their  departure,  restonng  it  to  the  Phodans  ; 
and  yet  the  council  is  not  mentioned  as  interfering. 
It wUl  not  be  profitable  to  pursue  its  history  further ; 
it  need  cnly  be  remarked,  tiiat  Augustus  wished 
his  new  dty,  Nioopolis  (a.  d.  31),  to  be  enrolled 
among  its  members ;  and  that  Pausanias,  in  the 
second  century  of  our  era,  mentions  it  as  still  ex- 
isting, but  deprived  of  all  power  and  influence. 
In  £it,  even  Demosthenes  {DePaee^  p.  63),  spoke 
of  it  as  the  shadow  at  Delphi  {iiiv  A^hjpots  o'icicC). 
In  the  time  of  Pausanias,  the  number  of  Amphic- 
tyonic deputies  was  thirty. 

There  are  two  points  of  some  interest,  which 
still  remain  to  be  considered  ;  and  first,  the  ety- 
mology of  the  word  Amphictyon.  We  are  told 
(HarpocFSt  «.  v.)  that  Theopompus  thought  it  de- 
rived from  the  name  of  Amphictyon,  a  prince  of  • 
Thessaly,  and  the  supposed  author  of  the  institution. 
Others,  as  Anaximenes  of  Ijampsacus,  connected  it 


82 


AMPHICTYONS. 


with  tlie  void  hfn^uerio^ts,  or  neighbours.  Very 
few,  if  any,  modem  scholan  doabt  that  the  ktter 
view  IB  correct ;  and  that  Amphictyon,  with  Hellen, 
DoruB,  Ion,  Xuthua,Thes8alus,Lari88a  the  daughter 
of  Pelasgm,  and  others,  axe  not  historical,but  mythic 
pensonages — the  representatives,  or  poetic  personi- 
fications, of  their  alleged  foundations,  or  ompring. 
As  for  Amphictyon  (Thirlwall,  Hid.  of  Oreaoe, 
voL  L  p.  373),  it  is  too  marvellous  a  coinddence 
that  his  name  should  be  significant  of  the  institu- 
tion itself ;  and,  as  he  was  the  son  of  Deucalion 
and  Pyrrha,  it  is  difficult  to  guess  of  whom  his 
council  consisted.  {PhUoL  Afmeicm,  vol.  ii  p.  359.) 
Besides,  though  Herodotus  (i.  56)  and  Thucydides 
<i.  3)  had  the  opportunity,  tiiey  yet  make  no  men- 
tion of  him.  We  may  conclude  therefore,  that  the 
word  should  be  written  amphictiony  *,  from  &fi^i- 
jKTtoFcs,  or  those  that  dwelt  around  some  particular 
locality. 

The  next  question  is  one  of  greater  difficulty ; 
it  is  this :  —  Where  did  the  association  originate  ? 
—  were  its  meetings  first  held  at  Delphi,  or  at 
Thermopylae  ?  There  seems  a  greater  amount  of 
evidence  in  favour  of  the  latter.  In  proof  of  this, 
we  may  state  the  preponderance  of  Thessalian 
tribes  from  the  neighbourhood  of  the  Maliac  bay, 
and  the  comparative  insignificance  of  many  of 
them ;  the  assigned  birthplace  and  residence  of 
the  mythic  Amphictyon,  the  names  Pylagorae  and 
Pylaea.  Besides,  we  know  that  Thessaly  was  the 
theatre  and  origin  of  many  of  the  most  important 
events  of  early  Greek  history :  whereas,  it  was 
only  in  later  times,  and  after  the  Dorian  conquest 
of  Peloponnesus,  that  Delphi  became  important 
enough  for  the  meetings  of  such  a  body  as  the 
Amphictyonic  ;  nor  if  Delphi  had  been  of  old 
the  only  place  of  meeting,  is  it  easy  to  account 
for  what  must  have  been  a  loss  of  its  ancient 
dignity.  But  whatever  was  the  cause,  we  have 
still  the  fact,  that  there  were  two  places  of  con- 
gress ;  to  account  for  which,  it  has  been  supposed 
that  there  were  originally  two  confederations, 
afterwards  united  by  the  growing  power  of  Delphi, 
as  connected  with  the  Dorians,  but  still  retaining 
the  old  places  of  meeting.  We  must,  however, 
admit  that  it  is  a  matter  of  mere  conjecture  whether 
this  were  the  case  or  nol^  there  being  strong  reasons 
in  support  of  the  opinion  that  the  Doridns,  on 
migmting  southwards,  combined  the  worship  of  the 
Hellenic  Apollo  with  thdt  of  the  Pelasgian  Deraeter, 
as  celebrated  by  the  Amphictyons  of  Thessaly. 
Equally  doubtfid  is  the  question  respecting  the 
influence  of  Acrisius,  king  of  Argos  (Schol.  ad 
Eurip.  Orest.  1094  ;  Callim.  Spiff,  xli  ;  Strab.  ix. 
p.  420)  ;  and  how  hi  it  is  true  that  he  first  brought 
the  confederacy  into  order,  and  determined  otner 
points  connected  with  the  institution.  We  may 
nowever  remark  that  his  alleged  connection  with 
it,  is  significant  of  a  Pelasgic  element  in  its  con- 
formation. (Thirlwall,  Hist.  o/Cfreeoe^  ce.  z.  zliii. ; 
Heeren,  Polit.  Hist,  of  Cfreeee^  c  7  ;  St.  Croix, 
Des  Andens  Cfounememtns  Fideratifs  ;  Tittmann, 
Utber  den  Bund  der  Ampfdetyonen ;  MUUer, 
Dorians^  book  ii  3.  §.  5 ;  PhU.  Mus.  vol  i  p.  324 ; 
Hermann,  Mannud  of  the  PoliL  AtUiq,  of  Grteoe^ 
§  11—14  ;  Wachsmuth,  HeUenisohe  AUerAutm- 
kunde ;  Niebuhr,  Hid.  of  Rome^  vol.  i.  p.  31. 
transl.)  [R.  W.] 


♦  Thus  Pindar  (iV«ii.  vi  42),  *J£.v  ifj^ucrtSywy 
Taupoip6y<f  rpit'iiplSt :  see  Bdckh  ad  locum. 


AMPHITHEATRUM. 

AMPHIDRO'MIA  iii»4^iBp6/ua\  a  fiumly  fe» 
tival  of  the  Athenians  at  which  the  newly  bom 
child  was  introduced  into  the  fiunily,  and  rasaved 
its  name.  No  particular  day  was  fixed  for  this 
solemnity  ;  but  it  did  not  take  place  very  aotm  after 
the  birth  of  the  child,  for  it  was  believed  that  most 
children  died  before  the  seventh  day,  and  the 
solemnity  was  therefore  generally  defened  till 
after  that  period,  that  there  might  be  at  least  some 
probability  of  the  child  remaining  aUve.  According 
to  Snidas,  the  festival  was  held  on  the  fifth  day, 
when  the  women  who  had  lent  their  assistance 
at  the  birth  washed  their  hands,  but  this  purifi- 
cation preceded  the  real  solemnity.  The  friends 
and  relations  of  the  parents  were  invited  to  the 
festival  of  the  amphidromia,  which  was  held  in  the 
evening,  and  they  generally  i^peared  with  pre- 
sents, among  which  are  mentioned  the  cuttle-fish 
and  the  mazine  polyp.  (Hesych.  and  Haipocr. 
f.  o.)  The  house  was  decorated  on  the  ontside  widi 
olive  branches  when  the  child  was  a  boy,  or  with 
garlands  of  wool  when  the  child  was  a  girl ;  and 
a  repast  was  prepared,  at  which,  if  we  may  judge 
from  a  fingment  of  Bphippus  in  Athenaeus  (ix.  pi 
370  ;  comp.  ii.  p.  65),  the  guests  must  have  beoi 
rather  merry.  The  diild  was  then  carried  round 
the  fire  by  the  nurse,  and  thus,  as  it  were,  pre- 
sented to  the  gods  of  the  house  and  to  the  fiuiuly, 
and  at  the  same  time  received  its  name,  to  which 
the  gnests  were  witnesses.  (Isaeus,  De  PyrrH 
Haend,  p.  34.  a  30.  Bekker.)  The  carrying  of  the 
child  round  the  hearth  was  the  principal  part  of 
the  solemnity,  from  which  its  name  was  derived. 
But  the  Scholiast  on  Aristophanes  {LjfssMtr.  758) 
derives  its  name  ftom  the  fiict  that  the  guests, 
whilst  the  name  was  given  to  the  child,  walked  or 
danced  around  it.  This  festival  is  sometimes 
called  from  the  day  on  which  it  Xwk.  place :  if  on 
the  seventh  day,  it  is  called  l^8o/uu  or  Hloiuw. 
if  on  the  tenth  day,  Scxini,  &c.  (Hesych.  and 
Aristoph.  Av.  923  ;  K.  F.  Hermann,  Lehrk  d. 
ffottesdienttliehen  aUertMinur  d,  Cfrieckeit,  %  48. 
n.6.)  [L.8.] 

AMPHIMALLUM.    [Taprs.] 

AMPHIO'RCIA  or  AMPHOMO'SIA  (V- 
^lopicla  or  iifi^fUMrta),  the  oath  which  was  taken, 
both  by  the  phiintiiF  and  defendant,  before  the 
trial  of  a  cause  in  the  Athenian  courts,  that  they 
would  speak  the  trutL  (Hesych.  Suid.)  Ac- 
cording to  Pollux  (viii  10),  the  amphioreia  also 
included  the  oath  which  the  judges  took,  that  they 
would  decide  according  to  the  laws ;  or,  in  case 
there  was  no  express  law  on  the  snbject  in  dispute, 
that  they  would  decide  aeoordmg  to  the  principles 
of  justice. 

AMPHIPROSTYLOS*    [Tbmplum]. 

AMPHISBETETSIS  {ifufwreirvau.)    [Hi- 

RX8.] 

AMPHITAPAE.    [Tapes]. 

AMPHITHALAMUS.     [Domm] 

AMPHITHEA'TRUM  (htJt4>iB4aTpoF)  was  a 
description  of  building  arranged  for  the  exhibition 
of  combats  of  gladiators,  and  wild  beasts,  and 
ships,  which  constituted  the  btdi  ampkUheatrales. 
[Oladiatorbs  ;  Vxnatio  ;  Naumachia.] 

I.  Its  History,  —  Such  exhibitions  —  which 
were  pecuL'ar  to  the  Romans,  and  which  were  un- 
known to  the  Greeks  till  the  Romans  introduced 
ihem  — originally  took  place  in  the  Forum  and 
the  Circus,  the  shows  of  gladiators  being  given 
in  the  former,  and  those  of  wild  beasts  in  the 


AMPHITHBATRUM. 

latter  ;  indeed  tbe  ampihitlieatie  itself  is  sometimes 
celled  cureiuL  The  shape  of  the  cimUikoweTer,  was 
Tondt  better  fitted  ibr  the  chariot  laces^  for  which  it 
wa«at  fint  dcngned,thaii  for  the  gladiatorial  com- 
bats^ and  the  mixe  wholesale  slaughter  of  animals, 
vhkli,  in  process  of  time,  came  to  he  the  faTonrite 
aranacsaeBtB  of  the  Romans.     For  these  purposes, 
the  cixcBs  was  too  long  and  too  narrow,  and  the 
sf>iBa  was  a  great  impediment,  so  that  a  new  fi>rm 
of  hnilding  was  re^xired,  which  should  accom- 
]iK>date  a  ranltitode  of  spectators  in  such  a  manner 
as  that  an  migbt  haTe  a  good  view  of  the  space 
•ecnpied  by  the  eomfaatant&t  which  space  too  re- 
qoind  to  he  of  quite  a  difoent  shape  from  the 
ciira^  aa  the  comhatants  were  to  be  kept  as  much 
V  poAwihle  in  the  same  place.    The  idea  of  such 
a  boSdiBg  was  suggested,  as  the  name  (from  i^/n^, 
M  luA  mdoy  b4vrpay^  a  theain)  seems  to  imply, 
hr  the  existioff  theatre:  indeed,  the  first  am- 
phitheatre of  which  we  have  any  account  —  that 
of  C.  Scriboanis  Curio  —  was,  literally,  a  double 
tieain\  being  composed  of  two  theatres,  placed 
oa  piTot^  so  that  they  could  be  turned  round, 
p^^^ctaton  and  all,  and  placed  either  back  to  back, 
&=n}iing  two  separate  theatres  for  dramatic  ex- 
kibidoDa,  or  free  to  free,  forming  an  amphitheatre, 
Ibr  the  shows  of  gladiators  and  wild  beasts.    This 
edifice,  which  was  erected  by  Curio  (the  oele- 
"bcazed  psriisan  of  Caesar),  for  the  celebration  of 
his  fiithier*s  fjonersl  games,  is  described  and  some- 
what vehemently    commented  upon    by   Pliny. 
(//.  X.  xsxTi.  15.  s.  24.  §  8.)    Tbe  next  amphi- 
theatre^ and  apparently  the  first  to  which  the 
lanie  was  applied,  was  built  by  Julhu  Caesar  him 
p4£,  dnring  his  perpetual  dictatonhip,  in  b.  a  46 
( Viim  Cass,  xlxii  22^  who  thus  describes  the  build- 
rif :  BioTpow  n  Kmnfyeritthf^  8  mat  hfi^icerpov 
U  Tov  wifH^  vmrrax6^y  cSfMU  &rcv  o-frqnjr  fx*'>' 
Tpotn^^^).     This,  however,  was  still  only  of 
wood,  a  material  which  was  firequently  used  for 
theatres,  and    which    was,  therefore,   naturally 
sdopiied  Ibr  amphitheatres,  but  which  sometimes 
pmed  inadequate  to  support  the  weight  of  the 
ismeose  body  of  spectators,  and  thus  occasioned 
MioQs  acddenta.     For  example,  we  are  told  that 
s  vooden    amphitheatre,  which    was    buOt   at 
PiiieBae  in  the  reign  of  Tiberius  by  Atilius,  a 
firrcdmaa,  gave  way,  in  consequence  of  the  im- 
prriiKtions  in  the  foundation  and  in  the  joints  of 
tbe  tiffiben,  and  buried  cither  20,000  or  50,000 
tpectalois  in  its  ruins.     (SucL  Tiber,  40  ;   Tac. 
Am.  iv.  63w)     These  wooden  buildings  were,  of 
c«ne,  also  exposed  to  great  danger  from  fire  ; 
tbu  a  wooden  amphitheatxe  at  Phiccntia  was 
lionttd  in  the  civil  war  between  Otho  and  Vitel- 
Im    (Tac.  Hitt.  iL  20.) 

It  was  not,  however,  till  the  fourth  consulship  of 
Asgustoa,  B.  c  30,  that  a  more  durable  amphitheatre, 
«f  ftooe,  was  elected  l^  Statilius  Taurus,  in  the  Cam- 
Fu  MartinsL  (Dion  Casa.  li.  23  ;  Suet.  Odao.  29  ; 
Tic:  Ami,  iii  72 ;  Strab.  vL  p.  236.)  But,  since 
tbii  boildi]^  was  destroyed  by  fire,  it  must  be  sup- 
pfW  that  only  the  shell  was  <^  stone,  and  the  seats 
ud  ctaircaaes  of  wood.     This  edifice  was  the  only 


AMPHITHBATRUM. 


M 


*  As  a  mere  matter  of  etymology,  the  word 
hiwTfoif  (a  place  htbdioldmff\  would  more  strictly 
^'^J  to  tJie  amphiibeatre^  which  was  intended 
ndgsively  for  spectacle,  while  the  theatre,  which 
«u  for  recitations  accompanied  by  music,  might 
k  It  least  at  fitly  described  by  the  word  tf^uoy. 


one  of  the  kind  until  the  building  of  the  Flavian 
amphitheatre.  It  did  not  satisfy  Calignk,  who 
commenced  an  amphitheatre  near  the  £pta  ;  but 
the  work  was  not  continued  by  Claudius.  (Dion 
Cass.  lix.  10  ;  Suet  CaL  18,  21.)  Nero  too,  in 
his  second  consulship,  a.  d.  57,  erected  a  vast  am- 
phitheatre of  wood,  but  this  was  only  a  temporary 
building.  (Suet  Ner.  12 ;  Tac  Ann.  xiiu  31.) 
The  amphidieatre  of  Taurus  was  destroyed  in  the 
burning  of  Rome,  a.i>.  64  (Dion  Cass.  Ixii.  18), 
and  was  probably  never  restored,  as  it  is  not  again 
mentioned.  It  is  still  a  question  with  the  topo- 
graphers whether  any  traces  of  it  are  now  visible. 
(Comp.  Becker,  Handb.  d,  Rom.  Alter.  voL  I  pp.  642, 
643,  and  Uriichs,  Beeckreibmy  Rome.  po.  53, 54.t) 

The  erection  of  an  amphitheatre  in  the  midst  of 
Rome,  proportioned  to  the  magnitude  of  the  city, 
was  among  the  desijpis  of  Augustus,  who  delighted 
in  the  spectacles  of  the  venatio,  and  especially  in 
the  uncommon  species  and  immense  number  of  the 
animals  exhibited  in  them  ;  so  that,  as  he  himself 
informs  us,  in  one  of  his  TenaHonee  ther^  were 
no  less  than  3500  animals  slaughtered.  (Suet. 
Veep.  9 ;  Aur.  Vict  EpU.  1  ;  Afomnn.  Ancyr.) 
It  was  not,  however,  till  the  reigns  of  Vespasian 
and  Titus,  that  the  design  of  Augustus  was  carried 
into  effect  by  the  erection  of  the  AmphithetUrum 
Flaman,  or,  as  it  has  been  called  since  the  time 
of  Bede,  the  Coloeeeum  or  CoHeaemn,  a  name  said 
tc  be  derived  from  the  Colossus  of  Nero,  which 
stood  cloie  by. 

This  wonderful  building,  which  fer  magnitude 
can  only  be  compared  to  the  pyramids  of  Egypt, 
and  which  is  perhaps  the  most  sinking  mommient  at 
once  of  the  material  greatness  and  the  moral  degra- 
dation of  Rome  under  the  empire,  was  commenced 
by  Vespasian,  but  at  what  precise  time  is  uncertain ; 
for  the  genuineness  of  the  medai^  which  is  quoted  by 
Lipsius,  as  placing  its  eommencement  in  his  eighth 
consulship,  a.  d.  77,  is  more  than  doubtfoT.  (Rasche, 
LesB,  Univ.  Ret  Num,  vol  v.  pt  2.  p^lOl/; 
Eckhel,  Doetr.  Num.  Vet.  vol.  vi.  p.  840.)  It 
was  completed  by  Titus,  who  dedicated  it  in 
A.  D.  80,  when  5000  animals  of  different  kinds 
were  slaughtered.  (Suet  Tit.  7  ;  Dion  Cass.  Ixvi. 
25.)  From  the  somewhat  obscure  account  of  an 
old  writer  (Qxtal.  Imp.  Vterm.  p.  243,  Rone),  wo 
learn  that  Vespasian  carried  the  building  so  fiu  as 
to  dedicate  the  first  three  ranges  of  scats,  that 
Titus  added  two  ranges  more,  and  that  Domitian 
completed  the  building  uegue  ad  dypea.  Without 
professmg  to  be  able  to  explain  these  statements 
fully,  we  may  observe  that  it  fs  extremely  pro- 
bable, as  will  be  seen  more  cleariy  from  the  de- 
scription of  the  building,  that  Titus  would  dedi- 
cate the  amphitheatre  as  soon  as  it  was  fit  for  use, 
without  waiting  for  the  final  completion  of  the 
upper  and  less  essential  parts. 

There  is  an  ecclesiastical  tradition,  but  not  en- 
titled to  much  credit,  that  the  architect  of  the  Co- 
lieaeum  was  a  Christian,  and  aflerwar^  a  martyr, 
named  Gaudentins,  and  that  thousands  of  the 
captive  Jews  were  employed  in  its  erectfon. 

The  Flavian  amphitheatre,  from  its  enormous 

f  In  the  lower  eastern  angle  of  the  walls  of 
Aurelian,  near  the  church  of  S.  Croce,  are  the  re- 
mains of  an  amphitheatre,  of  brick,  colled  in  the 
Nbtitia,  the  AmphUheatrum  Ckutrenae.  Its  date  is 
vpry  uncertain.  (Sec  fiirther  Becker,  Ilandh.  d. 
Rom,  Alter.  voL  i.  pp.  549,  &c) 
6  2 


84 


AMPHITHEATRUM. 


size,  rendered  the  labflequent  erection  of  any  other 
such  building  in  Rome  perfectly  unnecessaiy.  It 
became  the  spot  where  prince  and  people  met  to- 
gether to  witness  those  sanguinary  exhibitions,  the 
degrading  effects  of  which  on  the  Roman  character 
can  hardly  be  over-estimated.  It  was  thoroughly 
repaired  by  Antoninus  Pius.  (Capit  Ant,  Pi.  8.) 
In  the  reign  of  Macrinus,  on  the  day  of  the  Vulca- 
nalia,  it  was  struck  by  lightning,  by  which  the 
upper  TOWS  of  benches  were  consumed,  and  so  much 
damage  was  done  to  other  parts  of  the  structure, 
that  the  games  were  for  some  years  celebrated  in  the 
Stadium.  (Dion  Cass.  IzzyiiL  25.)  Ito  restora- 
tion was  commenced  by  Elagabalus  and  completed 
by  Alexander  Severus.  (Lamprid.  HeUog,  17  ; 
Alex.  See.  24.)  It  was  again  struck  by  lightning 
in  the  reign  of  Decius  (Hieron.  p.  475),  but  was 
soon  restored,  and  the  games  continued  to  be  cele- 
brated in  it  down  to  the  sixth  century.  The  latest 
recorded  exhibition  of  wild  beasts  was  in  the 
reign  of  Theodoric  Since  that  time  it  has  been 
used  sometimes  in  war  as  a  fortress,  and  in  peace 
as  a  quarry,  whole  pahices,  such  as  the  Cancellaria 
and  the  Palazzo  Famese,  having  been  built  out  of 
its  spoils.  At  length  the  popes  made  efforts  to 
preserve  it :  Sixtus  V.  attempted  to  use  it  as  a 
woollen  factory,  and  to  convert  the  arcades  into 
shops ;  Clement  XL  enclosed  the  lower  arcades, 
and,  in  1750,  Benedict  XIV.  consecrated  it  to 
Christians  who  had  been  martyred  in  it  The  best 
accounts  of  the  building  are  contained  in  the  follow- 
ing works :  Lipsius  de  Amphiikeatro  ;  Nibby,  delt 
AnJUeairo  Flavio,  a  supplement  to  Nardini,  vol.  L 
p.  233,  in  which  we  have  the  most  complete  his- 
torical accoimt  ;  Fea,  NoHzie  degli  $oam  nell* 
An/Ueatro  Mavio;  Bunsen,  Beschrmbung  d.  Stadt 
Rom,  voL  iii.  p.  319,  &c  ;  Cressy  and  Taylor, 
7%tf  Archiiectural  ArUiqtalie*  of  Rome;  Maffei, 
Verona  lUustrata;  Stieglitz,  Aiyshaol.  d.  Baukunsi  ; 
Ilirt,  GetckichU  d.  Baukunst  bei  den  AUen, 

II.  Description  of  the  Fiaman  AmphiOneatre,  — 
Notwithstanding  tb«  damages  of  time,  war,  and 
spolLition,  the  Flavian  amphitheatre  still  remains 
complete  enough  to  give  us  a  faAt  idea,  excepting 
in  some  minor  details,  of  the  structure  and  ar«> 
rangcments  of  this  description  of  building.  The 
notices  of  the  ancient  authors  are  extremely  scanty ; 
and  Vitruvius  of  course  fails  us  here  altogether  ; 
indeed,  this  description  of  building  was  so  com- 
pletely new  in  his  time,  that  only  once  does  the 
bare  word  amphtthecUrum  occur  in  his  book  (L  7). 
AVo  derive  important  aid  from  the  remains  of 
amphitheatres  m  the  provinces  of  the  ancient 
Roman  empire.  We  shall  first  describe  the  Co- 
lisaeum,  and  then  mention  the  chief  points  of  dif- 
ference between  it  and  these  other  amphitheatres. 

The  very  site  of  the  Flavian  amphitheatre,  as  of 
most  others,  furnishes  an  example  of  the  prodigal 
contempt  of  labour  and  expense  which  the  Roman 
emperors  displayed  in  their  great  works  of  archi- 
tecture. The  Greeks,  in  choosins  the  sites  of  their 
theatres,  almost  always  availed  themselves  of  some 
natural  hollow  on  the  side  of  a  hill ;  but  the  Roman 
amphitheatres,  with  few  exceptions,  stand  upon  a 
plain.  The  site  of  the  Colisaeum  was  in  the  mid- 
dle of  the  city,  in  the  valley  between  the  CaeHus, 
the  Esquiline,  and  the  Velia,  on  the  marshy  ground 
which  was  previously  the  pond  of  Nero^s  palace, 
ttoffnum  Neronis  (Suet.  Vesp.  9  ;  Martial,  de  Spect. 
ii.  5).  No  mere  mcastures  can  give  an  adequate 
conception  of  this  vast  structure,  the  dimensions 


AMPHITHEATRUM. 
and  arrangements  of  which  were  such  am  to  Ibroish 
seaU  for  87,000  spectatcm,  round  an  arena  lar^re 
enough  to  afford  space  for  the  combata  of  aeveral 
hundred  animals  at  once,  for  the  erohitioiis    of 
mimic  sea-fights,  and  for  the  exhibition  of  artifi- 
cial forests;  with  passages  and  staircases   to  gi've 
ingress  and  egress,  without  confusion,  to  the   im- 
mense mass  of  spectators,  and  others  for  the  at- 
tendants on  the  arena ;  dens  for  the  thousands  of 
victims  devoted  to  destruction ;  channels  for  the  ra- 
pid influx  and  outlet  of  water  when  the  arena  was 
used  for  a  naumachia;  and  the  means  for  the  re- 
moval of  the  carcasses,  and  the  other  abominations 
of  the  arena.    Admirable  pictures  of  the  ma^^i- 
tnde  and  magnificence  of  the  amphitheatxe  and  its 
spectacles  are  drawn  in  the  Essinfi  of  Montaigne 
(iiL  $.),  and  in  the  latter  part  of  Gibbon"!*  twelfth 
chapter.    As  a  general  description  of  the  building 

the  following  passage  of  Gibbon  is  perfect : ^  It 

was  a  building  of  an  elliptic  figure,  founded  on  four- 
score arches,  and  rising,  with  four  successive  orders 
of  architecture,  to  the  height  of  140  [157]  feet.    The 
outside  of  the  edifice  was  incrusted  with  marble, 
and  decorated  with  statues.     The  slopes  of  the  Tsst 
concave,  which  formed  the  inside,  were  filled  and 
surrounded  with  sixty  or  eighty  rows  of  seats,  of 
marble  likewise,  covered  with  cushions,  and  capable 
of  receiving  with  ease  about  80,000  q>ectatDrB. 
Sixty-four  vomitories  (for  by  that  name  the  doors 
were  very  aptly  distinguished),  poured  forth  the 
immense  multitude;  and  the  entrances,  passagesy 
and  staircases,  were  contrived  with  such  exquisite 
skill,  that  each  person,  whether  of  the  senatorial, 
the  equestrian,  or  the  plebeian  order,  anived  at 
his  destined  place  without  trouble  or  confusion. 
Nothing  was  omitted,  which,  in  any  respect,  could 
be  subservient  to  the  convenience  and  pleasure  of 
the  spectators.     They  were  protected  finom  the  sun 
and  rain  by  an  ample  canopy,  occasionally  drawn 
over  their  heads.     The  air  was  contiwudlj-  re- 
fireshed  by  the   phiying  of  fountains,   and    pro- 
fiisdy  impregnated  by  the  grateful  scent  of  axo- 
matics.     In  the  centre  of  the  edifice,  the  arena^  or 
stage,  was  strewed  with  the  finest  sand,  and  suc- 
cessively assumed  the  most  different  forms.      At 
one  moment  it  seemed  to  rise  out  of  the  earth,  like 
the  garden  of  the  Hesperides,  and  was  afterwards 
broken  into  the    rocks  and  caverns  of  Thrace. 
The  Sttbtenaneous  pipes  conveyed  an  inexhaostible 
supply  of  water;  and  what  had  just  before  ap- 
peared a  level  plain,  might  be  suddenly  converted 
into  a  wide  lake,  covered  with  armed  vessels,  and 
replenished  with  the  monsteit  of  the  deep.     In 
the  decoration  of  these  scenes,  the  Roman  em- 
perors displayed  their  wealth  and  liberality ;  and 
we  read  on  various  occasions  that  the  whole  furni- 
ture of  the  amphitheatre  consisted  either  of  silver, 
or  of  gold,  or  of  amber.     The  poet  who  describes 
the  games  of  Carinus,  in  the  character  of  a  shep- 
herd, attracted  to  the  capital  by  the  fame  of  their 
magnificence,  affirms  that  the  nets  designed  as  a 
defence  against   the   wild  beasts  were  of  gold 
wire;  that  the  porticoes  were  gilded;  and  that 
the  bdt  or  circle  which  divided  the  several  ranks 
of  spectators  from  each  other,  was  studded  with  a 
precious  mosaic  of  beautiful  stones.** 

The  following  ground-plan,  external  elevation, 
and  section,  are  from  Hirt,  and  contain  of  course 
some  conjectural  details.  The  ground  plan  is  so 
arranged  as  to  exhibit  in  each  of  its  quarters  the 
plan  of  each  of  the  stories :  thus,  the  lower  right 


AMPHITHEATRUM. 

■hows  the  true  ^nnairf-plaii,  or  that 
of  the  loveat  tierj;  the  next  on  the  left  ihows  a 
pfaa  of  the  evBCtian*  on  the  lerel  of  the  leeond  row 
of  exterior  minmiM,  as  veil  ai  the  leats  which 
doped  down  hnm  that  leTel  to  the  lower  one ;  the 
Bcxt  q[aacter  ahowi  a  similar  plan  of  the  third  order, 


AMPHITHEATRUM. 


85 


and  the  upper  ri^ht-hand  quarter  exhibits  a  view 
of  the  interior  as  it  would  appear  to  an  eye  looking 
rertically  down  upon  it  The  dotted  line*  on  the 
arena  are  the  ndu,  and  their  points  of  intersection 
the  centrei)  of  the  seTend  am  which  make  np  the 
eUipeei. 


GROUND   PLAN  OP  THB   PLAYIAN   AMPHrTHBATRX. 


ifiiiiijHmiiiQii^^ 


;ri;irf-i?riiiT)i^ifj!r»(i7;i:(SillPiB!iiii;iaiiM^ 


.T:i:;i\:!;iri>:ri's;i.i)>:£!s;iriiii!i^!(i]!igiir!in!aiii£^iri^^^^^^^^ 


IX>NOITUI>INAL    XLXVATION   OP  THB   PLAYIAN   AMPHITHXATRB. 


LONGITUDINAL   81CT10N   OP   TUB    FLAVIAN    AllPHrTHRATRR. 

c  a 


86  AMPHITHEATRUM. 

This  stnictore,  like  all  the  other  ezistiBg  am- 
phitheatres, is  of  an  elliptical  form.  It  corers 
nearly  six  acres  of  ground.  The  plan  divides  it- 
self natuially  into  two  concentric  ellipses,  of  which 
the  inner  constituted  the  arena  or  space  for  the 
combats,  while  the  ring  between  this  and  the  outer 
circumference  was  occupied  by  the  seats  for  the 
spectators.  The  lengths  of  the  major  and  minor 
axes  of  these  ellipses  are,  respectively,  287  feet  by 
180,  and  620  feet  by  513.  The  width  of  the 
space  appropriated  to  spectators  is,  therefore,  166] 
feet  all  round  the  building.  The  ratio  of  the 
diameters  of  the  external  ellipse  is  nearly  that 
of  6  to  5,  which  becomes  exactly  the  proportion, 
if  we  take  in  the  substmctions  of  the  foundation. 
Of  course,  the  ratio  of  the  diameters  of  the  arena  is 
different,  on  account  of  the  diminished  size :  it  is, 
in  fact,  nearly  as  8  to  5.  The  minor  axis  of  the 
arena  is  here,  and  generally,  about  one-third  of 
that  of  the  outer  ellipse.  The  material  used  was 
stone,  in  large  blocks,  fastened  together,  where 
necessary,  by  metal  damps.  The  exterior  was 
faced  with  marble  and  adorned  with  statues. 
The  external  elevation  requires  little  description. 
It  is  divided  into  four  stories,  corresponding  to  the 
tiers  of  corridors  by  which  access  was  gained  to 
the  seats  at  different  levels.  These  comdors  are 
connected  with  the  external  air  by  eighty  arched 
openings  in  each  of  the  three  lower  stories.  To 
the  piers  which  divide  these  arches  are  attached 
three-quarter  columns,  that  is,  columns  one-fourth 
of  whose  circumference  appears  to  be  buried  in 
the  wall  behind  them.  Thus,  each  of  the  three 
lower  stories  presents  a  continuous  fo9ade  of  eighty 
columns  backed  by  piers,  with  eighty  open  arches 
between  them,  and  with  an  entabhiture  continued 
unbroken  round  the  whole  building.  The  width  of 
the  arches  is  as  nearly  as  possible  the  same 
throughout  the  building,  namely,  14  feet  6  inches, 
except  at  the  extremities  of  the  diameters  of  the 
ellipse,  where  they  are  two  feet  wider.  Each  tier 
is  of  a  different  order  of  architecture,  the  lowest 
being  a  plam  Roman  Doric,  or  perhaps  rather 
Tuscan,  the  next  Ionic,  and  the  thud  Corinthian. 
The  columns  of  the  second  and  third  stories  are 
placed  on  pedestals ;  those  of  the  lowest  story 
are  raised  from  the  ground  by  a  few  steps.  The 
highest  tier  is  of  quite  a  different  character,  as  it 
merely  consists  of  a  wall,  without  corridors,  against 
whicl^  instead  of  columns,  are  pUioed  pilasters  of 
the  Corinthian  order  ;  and  the  wall  between  them 
is  pierced  with  windows,  in  the  alternate  interoo- 
lumniations  only,  and  therefore,  of  course,  forty  in 
number.  The  whole  is  crowned  with  a  bold  en- 
tablature, which  is  pierced  with  holes  above  the 
brackets  which  supported  the  feet  of  the  masts 
upon  which  the  velariuM  or  awning  was  extended : 
and  above  the  entablature  is  a  small  attic.  The  total 
height  of  that  part  of  the  building  which  remains 
entire,  namely,  about  three-eighths  of  the  whole 
circumference,  is  157  feet :  the  stories  are  respec- 
tively about  30,  38,  38,  and  44  feet  high.  The 
massiveness  of  the  crowning  entablature,  the  height 
•f  the  upper  story,  and  the  great  sur&ce  of  bluik 
wall  in  Its  intercolumniations,  combine  to  give  the 
elevation  t  somewhat  hsavy  appearance ;  while 
the  projecting  cornices  of  each  story,  int^oepting 
the  view  from  below,  take  off  very  much  from  the 
apparent  height  of  the  building.  Indeed,  it  would 
be  a  waste  of  words  to  attempt  to  specify  all  the 
architectural  defects  of  the  compositioD. 


AMPHITHEATRUM. 

The  stone  used  in  the  building  is  a  species  oi 
travertine :  some  of  the  blocks  are  as  much  as  fiv« 
feet  high,  and  eight  or  ten  feet  long  ;  and  it  ii 
remarkable,  that  all  those  which  form  Uie  extcrioi 
have  inscribed  upon  them  small  numbers  or  signs, 
which  evidently  indicate  the  phice  of  each  in  the 
buildings  and  which  prove  how  great  was  the 
care  taken  to  adapt  every  single  stone  to  the  form 
of  the  whole  edifice.  In  some  parts  of  the  interior 
large  masses  of  brickwork  and  tufo  are  seen :  and 
in  the  upper  part  there  are  fragments  of  other 
buildings  worked  in  ;  but  this,  no  doubt,  happened 
in  some  of  the  various  repairs. 

There  are  corns  extan^  bearing  on  the  reverse  a 
view  of  the  amphitheatre,  so  arranged  as  to  show 
not  only  the  outside,  but  a  portion  of  the  interior 
also.     It  is  fix>m  them  that  we  learn  the  fiurt,  that 
the  outer  arches  of  the  second  and  third  stories 
were  decorated  with  statues  in  their  openings,  un- 
less, indeed,  the  figures  shown  in  the  arches  are 
meant  for  rude  representations  of  the  people  pe5». 
ing  through  the  outer  colonnade.      These   coins 
also  show,  on  the  highest  story,  in  the  alternate 
spaces  between  the  piksters,  circles  against   the 
wall,  corresponding  to  the  windows  in  the  other 
alternate  spaces ;   they  are,  perhaps,  the   d^pea 
mentioned  by  the  old  author  cited  above,  that  is, 
ornamental  metal  shields,  hung  there  to  decorate 
the  building.    There  are  several  coins  of  Titus 
and  Domitian  of  this  type  (Eckhel,  Dodr.  I^^um. 
Vet  vol.  vi.  pp.  357-;^59, 375).  There  are  similar 
coins. of  Oordlan,  which  are,  however,  very  inferior 
in  execution  to  those  of  Titus  and  Domitian. 
(Eckhel,   vol  vil  p.  271.)      The  coins  of  Titus 
and  Domitian  also  show  a  range  of  three  stories  of 
columns  by  the  side  of  the  amphitheatre,  which 
(though  the  matter  is  doubtful)  is  supposed  to  re- 
present a  colonnade  which  ran  from  tiie  palace  of 
Titu^  on  the  Esquiline  to  the  amphitheatre,  to 
which  it  gave  access  at  the  northern  extremity  of 
its  minor  axis,  as  shown  on  the  phin.    At  die  other 
extremity  of  this  axis  was  the  entrance  fr«m  the 
Palatine. 

The  eighty  arches  of  the  lower  stoiy  (except 
the  four  at  the  extremities  of  the  axes)  formed  the 
entrances  for  the  spectattnrs,  and  gave  admission 
to  a  corridor,  running  unintexruptedly  round  the 
building,  behind  whidi  again  is  another  precisely 
simikr  corridor.  (See  the  plan  and  section.)  The 
space  behind  the  second  corridor  is  divided  by 
eighty  walls,  radiatmg  inwards  from  the  inner  piers 
of  the  second  corridor  ;  which  support  the  struc- 
ture, and  between  which  are  partly  staircases  lead- 
ing to  the  upper  stories,  and  partly  passages  lead- 
ing into  a  third  corridor,  which,  like  the  first  and 
second,  runs  round  the  whole  building.  Be- 
yond this  corridor  the  radiating  walls  are  again 
continued,  the  spaces  between  them  being  occu- 
pied, as  before,  partly  by  staircases  leading  on  the 
one  side  to  the  podmm,  and  on  the  other  to  the 
lower  range  of  seats  (iiMMiiKHMaa),  and  partly  by 
passages  leading  to  a  fourth  oontinuous  corridor 
much  lower  and  smaller  than  the  others,  which 
was  divided  from  the  arena  by  a  massive  wall 
(called  podmm\  the  top  of  which  formed  the  place 
assigned  to  the  spectators  of  the  highest  rank. 
From  this  fourth  corridor  there  are  several  «n- 
trances  to  the  arena  ;  snd  it  is  most  probable  that 
the  whole  of  the  corridor  was  subservient  to  the 
arrangements  of  the  anma.  (See  the  lower  right- 
hand  quarter  of  the  plan,  and  the  section.)    Ou 


AliPHlTHEATRUM, 

•^  meaod  •tej  we  Imre  the  two  ontttr  colon- 

^>daf  repmtedf  aod  ibe  ndvating  walls  of  the 

^Qk(  Ubdir  an  eoadnaed  np  thnwigli  this  stoiy  ; 

^  between  tbem  an  staircases  leading  oat  on  to 

5y  seooBtf  range  of  seats,  and  paasagea  leading 

^  a  flBsfl  maer  comdor,  fiom  wiiich  acceis  is  oV- 

tiined  to  a  sort  of  tenaee  (prtteemeHo)  wiiich  nuu 

iMud  t&e  baiUnig  betweeu  the  fixat  and  second 

la^cs  of  sesfti^  and  increases  the  fscflities  for  the 

■geetahw  getting  to  IhA  proper  plaeea.      Sloping 

4o«B  froai  tba^^roaaoMAb  to  the  leTel  of  the  t^  of 

tke  fodam,  sad  sofipaited  by  tbe  inner  scries  of 

BikiiiBg  val^  aie  the  lower  seriea  of  aeats^     On 

tbe  tUrd  itofj  (above  the  floor  of  which  the  details 

ate  afamtt  entueljr  eoojectmalX    ^«i^«    lisTe  again 

the  Anbie  ffrfoniisdi*,   the  inneor   ^waSl    of  which 

niei  JBBcdiBtelj  behind  the   top   of  'the  second 

al^ofteat^  with  onlj  the  interval  of  a  nanow 

fneamU^  to  which   aeoees  w^as    gir-en.  by  nn- 

eam  4mo  m  the  wall  jnat  mentioned,  which 


AMPHITHEATRUM. 


87 


WAS  also  pierced  with  windowii  Abore  the  oatcr 
corridor  of  thii  story  ia  a  meszanine,  or  sma]] 
middle  ttoiy,  in  front  of  which  and  abore  the 
inner  oolonnade  were  a  few  tien  of  wooden 
benches  for  the  lowest  daas  of  spectators.  Abore 
this  mesBmine  was  a  gallerj,  which  ran  right 
roond  the  building,  and  Uie  front  of  which  ia  sup- 
poaed  to  haTC  been  formed  by  a  range  of  columns. 
It  seems  that  the  terrace  mrmed  by  the  top  of 
this  gallery  would  be  alao  STailable  for  apectatora. 
And,  lastly,  the  yery  aummit  of  the  wail  was 
formed  into  a  aort  of  terrace  which  was,  no  doubt, 
occupied  by  the  men  who  woilied  the  ropea  of  the 
vdariwa.  The  doon  which  opened  from  the  atair- 
cases  and  corridors  on  to  the  interior  of  the  am- 
phitheatre were  deaignated  by  the  very  appropriate 
name  of  imatitoria.  The  whole  of  the  interior  waa 
called  caoea.  The  following  aection  (from  Hirt) 
ezhibita  theae  anangementa  aa  clearir  aa  they  can 
be  ahown  without  the  aid  of  penpectiTe. 


SBCnOH  or  THB  OO&BIDORS,  8TA1R8,  and   8BAT8. 


I.  rL  nL  rV.  The  four  atones  of  the  exterior. 

A.  The  arena. 

A  Tfaepodinm. 

CL  Z>.B.P^    The  four  corridois. 

A  Jff.  L    The  three  maeniana. 

«.  Tbe  upper  pdlery ;  L,  The  tenace  over  it 


R,  The  niace  on  the  immnit  of  the  wall  for  the 
managers  of  the  relarium. 

Z.  The  atepa  which  anrrounded  the  building  on 
the  outaide. 

a.  Stairs  from  the  third  colonnade  to  the  po- 

o  4 


88 


AMPHITHEATRUM. 


6.  Short  tnuuvene  steps  from  the  podium  to  the 
first  maenianum.     (Compare  the  plan.) 

c,  d.  Stairs  from  the  gromid  story  to  the  seeond  ; 
whence  the  second  maenianum  was  reached  in 
two  ways,  e.  and  ff, 

e.  Steps  to  the  first  praecinctio,  from  which  there 
were  short  transverse  steps  (/,)  to  the  second  mae- 
nianum. 

ff.  Stairs  leading  direct  firom  the  corridors  of  the 
second  stoiy  to  mo  second  maenianum,  through 
the  Tomitonum  ct, 

k  Stairs  leading  troxxL  the  floor  of  the  second 
story  to  the  smaU  upper  story,  whence  other  stairs 
(8)  led  to  the  third  story,  from  which  access  was 
obtained  to  the  upper  part  of  the  second  maenia- 
num by  doors  (fi)  in  the  inner  wall  of  the  second 
corridor  q. 

L  Stairs  from  the  second  story  to  the  mezza- 
nine, or  middle  story,  whence  access  was  obtained 
to  the  third  maenianum  b^  passages  (7). 

/.  Stairs  in  the  mezzanme,  leading  to  the  upper 
port  of  the  third  maenianum,  and  to  the  gallery  K. 

m.  Steps  firom  the  gallery  to  the  terrace  over  it 

».  Steps  firom  that  terrace  to  the  summit. 

0.  p.  Qrated  openings  to  light  the  two  inner 
corridors. 

q.  See  under  h. 

B.  Windows  to  light  the  mezzanine. 

t  Windows  of  the  gallery. 

V.  Rest,  and  to.  loop,  for  the  masts  of  the  vela- 
rium^. 

The  arena  was  surrounded  by  a  wall  of  suffi- 
cient height  to  guard  the  spectators  against  any 
danger  firom  the  wild  beasts,  namely  about  fifteen 
feet  A  further  protection  was  afforded,  at  least 
sometimes,  by  a  network  or  trellis  of  metal  ; 
and  it  is  mentioned,  as  an  instance  of  the  profiise 
ostentation  which  the  emperors  were  so  fond  of 
dispkying,  that  Nero,  in  his  amphitheatre,  had  this 
trellis  gilt,  and  its  intersections  ornamented  with 
bosses  of  amber.  (Plin.  H,  M  zxxviL  3.  s.  11. 
§  2).  The  wall  just  mentioned  appears  to  have 
been  faced  with  marble,  and  to  have  had  rollers 
suspended  against  it  as  an  additional  protection 
against  the  possibility  of  the  wild  beasts  climbing 
it  (Lips,  de  Amph.  12.)  The  terrace  on  the  top 
of  this  wall,  which  was  called  podium  (a  name 
sometimes  also  applied  to  the  wall  itself),  was 
no  wider  than  to  be  capable  of  containing  two, 
or  at  the  ^ost  three  ranges  of  moveable  seats,  or 
chairs.  This,  as  being  by  fiir  the  best  situation 
for  distinctly  viewing  the  sports  in  the  arena,  and 
also  more  commodiously  accessible  than  the  seats 
higher  up,  was  the  place  set  apart  for  senators 
and  other  persons  of  distinction,  such  as  the  am- 
bassadors of  foreign  states  (Suet  Octao,  44 ; 
Juv.  Sat,  ii.  143,  &c)  ;  the  magistrates  seem  to 
have  sat  here  in  their  curule  chairs  (Lipsius  de 
Amph,  11);  and  it  was  here,  also,  that  liie  emperor 
himself  tised  to  sit,  in  an  elevated  place  called 
wggegtus  (Suet  Caet,  76 ;  Plin.  Patuff.  51),  or 
cubtaUum  (Suet.  NerOf  12)  ;  and  likewise  the  per^ 
son  who  exhibited  the  games,  on  a  place  elevated 
like  a  pulpit  or  tribunal  (editoris  tribunal).  The 
vestal  virgins  also  appear  to  have  had  a  place 
allotted  to  them  on  the  podium.  (Suet  Octan,  44). 

Above  the  podium  were  the  gradus^  or  seats  of 
the  other  spectators,  which  were  divided  into  stories 
called  maeniana.  The  whole  number  of  seats  is 
supposed  to  have  been  about  eighty.  The  first 
maatiatuim^  consisting  of  fourteen  rows  of  stone  of 


AMPHITHEATRUK. 

marble  seats,  was  ai^ropriated  to  the  eqiiestrK.va 
order.     The  seats  i^»propriated  to  the  senator^a 
and  equites  were  covered  with  cushions    {pul— 
mllis)^  which  were  first  used  in  the  time  of  Ca.- 
ligula.     (Juv.  Sat  iii.  154  ;  Dion,  lix.  7.)     Then^ 
after  a  horizontal  space,  tenned  a  praeebtetioy  and. 
forming  a  continucMl  landing-plaoe  from  the  aeve^ 
nil  staircases  which  opened  on  to  it,  succeeded  th^ 
second  mMmamtimf  where  were  the  seats  called 
popidaria  (Suet  Damttian,  4),   for  the  third  daas 
of  spectators,  or  the  populau.     Behind  this  waa  the 
second  prasdnctio^  bounded  by  the  high  wall  al- 
ready mentioned  ;   above  which  was  the   third 
maenicmwm^  where  there  were  only  wooden  benches 
for  the  pudlatij  or  common  people.  (Suet  Octor. 
44.)     The  open  gallery  at  the  top  was  the  only- 
part  of  the  amphitheatre,  in  which  women  were 
permitted  to  witness  the  games,  ezcq»t  the  vestal 
virgins,  and  perhaps  a  few  ladies  of  distinction  and 
influence  who  were  suffered  to  share  the  space 
appropriated  to  the  vestals  (Suet  Odan.  44).     The 
seats  of  the  maeinioata  did  not  run  in  unbroken  lines 
round  the  whole  building,  but  were  divided  into 
portions  called  ewnei  (finom  their  shape),  by  short 
flights  of  stairs  which  facilitated  the  access  to  the 
seaU.      (Suet  Od,  44  ;  Juv.  SaL  vL  61.)     See 
the  plan,  and  the  annexed  section  of  a  small  portion 
of  the  seats. 


i 


Not  only  were  the  different  ranges  of  seats  ap. 
propriated  to  different  classes  of  spectators,  but  it 
is  pretty  certain  also  that  the  different  aaiei  of 
each  maenicxman  were  assigned  to  specific  portions 
of  the  people,  who  were  at  once  guided  to  their 
places  by  numbers  |riaced  over  the  external  arehes 
by  which  the  building  was  entered :  these  numbers 
still  exist  The  ofilice  of  preserving  order  in  the 
distribution  of  the  places  was  assigned  to  attend- 
ants called  locarii,  and  the  whole  management  was 
under  the  superintendence  of  the  vil^au  ampki- 
theatri. 

It  only  remains  to  describe  the  oivmi,  or 
central  open  space  for  the  combatants,  wliich  de- 
rived its  name  from  the  sand  with  which  it  was 
covered,  chiefly  for  the  purpose  of  absorbing  the 
blood.  Such  emperors  as  Caligula,  Nero,  and 
Carinus,  showed  Uieir  prodigality  by  using  cinna- 
bar and  borax  instead  of  the  common  sand.  It 
was  bounded,  as  already  stated,  by  the  wall  of  the 
podturuj  but  in  the  eariier  amphitheatres,  in  which 
the  podium  was  probably  not  so  lofty,  Uiere  were 
ditohes  (euripi)  between  it  and  the  arenoj  which 
were  chiefly  meant  as  a  defence  against  the  ele- 
phants. The  euripi  were  first  made  by  Julius 
Caesar,  and  were  dispensed  with  by  Nero,  in 


AMPHITHEATRUK. 
ef^ertogHBipMelbrtiieapedalan.    (SucLOmil 
SB  ;  nin.  i^M  TiiL  7  ;  Lipdns «fa  ^n^iA.  12.) 

"Tfe  ifMee  of  the  areoa  vaa  entirely  open,  ex- 
cefft  that  pwfaty  then  wu,  in  the  eentre,  an  altar 
«f  Dmba,  or  Plata,  or  flf  Jnpjter  Latiaria,  on  which, 
it  ia  iiifanniid  firoei  aome  paanget  of  the  ancient 
aiithaca.,tiiat  a  intiurutt  «aa  aaoifioed  at  the  open- 
iag  of  tke  gvnea  ;  bvt  the  eTidenee  it  Teiy  d^^t 
(l^ipiL  de  AwifiL  4.)     There  were  icar  piin^ial 
ftiimmw  to  it»  at  the  eKtnmitiee  of  the  azei  of 
the  efiifa^  fay  paaeagea  which  led  directly  from 
the    fimr  uan»punding  arehet  of  the  exterior: 
these  woe  abo  minor  caliaacca  thnwgh  the  wall 
■f  the  padnm,    Then»  ie  a  difficulty  about  the 
piwitMB  of  the   dens  of  the  wild  hcaati.      The 
za^dx^  with  whidi  ^ast  nnmbera  of  aninvJa  were 
kt  looee  into  the  oraaa  prorea  that  the  dena  moat 
haic  beoi  doae  to  iL     The  apaoea  onder  the  aeata 
aeoB  to  haia  been  devoted  entirely  to  the  paaaue 
af  die  apeefeatora,  with  only  the  exoeptlfln  of  the 
H'wtHMiat  eorridor,  the  entnmoea  frcmi  which  to 
the  oneaa  aaggeat  the  probability  that  it  was  anb- 
aijaiy  to  the  arena  ;  but,  even  if  ao,  it  waa  pro- 
bably oaed  rather  far  the  introduction  and  lemond 
of  the  mmaim^  than  lor  their  aafe  keepii^.    Some 
haw  mppaaed  dena  in  the  wall  of  the  podntm : 
bat  thb  is  qoite  insafBdent    In  the  year  1813, 
tbe  eraaa  araa  excaTated,  and  extenaiTe  aubatmo" 
taoBB  woe  disoeivcred,  which,  it  haa  been  anppoaed, 
were  the  den^  fraan  wUch  the  animala  were  let 
looae  apoa  the  arena  throoffh  tnandoon.      The 
chirf  difiicalty  is  to  reconcile  aoch  an  anange- 
weot  with  the  fret  that  the  arma  was  frequently 
ieoded  sad  aaed  lor  a  naval  combat,  and  that  too 
in  the  iatervals  betweeai  the  fights  of  wild-beaatiL 
(Calpoin.  Eebff.  vii  &A,  73 :  the  whole  poem  ia  a 
TCTT  ntereating  deacripdon  of  the  gamea  of  the 
aBpfeatheatre.)    [Naumachia.]    All  that  can  be 
•aid  vith  any  approach  to  certain^  ia,  that  theae 
aabalnetiana  were  either  dena  for  the  anirnah,  or 
Canada  far  water,  and  poiaibly  they  may  have 
bea  ao  atiauged  as  to  combine  both  naea,  though 
it  a  dificoh  to  understand  how  thia  could  have 
beea  msBsged.      The  only  method  of  aolviag  the 
Sficahy  in  those  caaea  in  which  a  aoasKKsiUia  took 
fface  ftrfnew   the  a— artowfa,  appoaia  to  be,  to 
aanme  that  tiie  aninialB  intended  for  the  aeoond 
nmtio  woe  kc^  in  the  innemost  colonnade,  or 
ia  dena  in  its  immediate  Tidnity  during  the  aoa- 
■ooUa/  unkaa,  which  aeema  to  na  quite  incredi- 
bly then  was  any  contrivance  for  at  the  aame 
tBK  admitting  the  air  to,  and  excluding  the  water 
&«a,  their  c^a  beneath  the  arena.     In  the  am- 
^hbealre  at  Verona,  there  are  remains  of  duumela 
£v  water  under  the  arena,  communicating  with  an 
opesb^  in  ita  centre ;  but  aome  antiquariea  belieye 
Aat  these  were  only  intended  fat  draining  off  the 


It  is  aaneeesaary  to  attempt  a  detailed  deaerip- 
tiflo  of  the  atataea  and  other  omamenta  with  which 
the  aaiphithealze  waa  adorned  ;  but  the  tojanam, 
or  avniag,  by  which  the  spectators  were  sheltered 
fnm  the  aun,  requirea  amne  explanation,  which 
viD  be  fannd  nnda  Vkluic  The  apace  requffed 
for  the  wofking  of  the  vdamun^  and  the  height 
aeeeasry  fior  keepmg  it  from  bending  down  by 
itioan  weight  ao  low  aa  to  obstruct  the  view  from 
tbe  sfiper  bencheo,  are  probably  the  reasons  for 
tbe  great  djspwpmtion  between  the  height  of  the 
vpfier  part  of  the  amphitheatre,  and  the  small 
fiaadMr  of  spectatws  accoaunodsled  in  that  part 


AMPHITHEATRUM.  «l 

The  Inxurioos  upliances  of  fountains  of  scented 

water  to  refreah  the  apeetatoia,  and  ao  forth,  an 

auffidently  described  in  the  paasage  already  quoted 

from  Gibbon.     (Comp.  Lucsa.  ix.  808). 

IIL  OOsr  il«9NUttsa«r«.  — The  FUTiaa  am. 
phitheatre,  aa  haa  been  already  atated,  waa,  from 
the  tone  of  ita  erection,  the  only  one  m  Rome ; 
ibr  the  obnona  reaaon  that  it  waa  aaffiocnt  fcr  the 
whole  popuhUkw.    The  little  (lai|dirtaiiii—  Cba- 
iremm  waa  probably  only  intended  &r  the  aoldieis 
of  the  guard,  who  amnaed  themaelvea  there  vrith 
fighta  of  ghidiatoTL    But  in  the  provincial  citica, 
and  espeaally  the  oohmiea,  there  were  auuty  aoi- 
phitheatrea.    Indeed,  it  ia  not  a  little  intcteating 
to  observe  the  contraat  between  the  natttmal  taatcs 
of  the  Gredcs  and  Romana,  which  ia  indicated  by 
the  remama  of  theatrea  in  the  coloniea  of  the 
fionner,  and  of  amphitheatrea  in  thoae  of  the  bitter. 
The  immenae  expenae  of  their  conatmction  would, 
however,  natunuly  ueTent  the  erection  of  many 
Buch  buildings  aa  the  Coliaaeum.    (Gaaaiod.  Ep. 
T,  42.)     The  provincial  amphitheatrea  were,  pro- 
bably, like  the  earlier  onea  at  Rome  itaeU;  gene- 
rally built  of  wood,  auch  aa  thoae  at  Pla^ntia 
and  Fidenae,  already  mentioned.    Of  theae  wooden 
amphitheatrea  there  are  of  course  no  reoiaina ; 
but  in  aeveral  of  the  larger  citiea  of  the  Roman 
empire  there  are  important  ruins  of  large  am- 
nfaitheatrea  of  atone.    The  principal  are  thoae  at 
Verona,  Paestum,  Pompeii,  and  Capua,  in  Italy  ; 
at  Nimea,  Arlea,  and  Frejua,  in  France  ;  at  PoU, 
in  latcia ;  at  Syracuae,  Catania,  and  aome  oUier 
citiea  in  Sicily.    They  are  all  conatructed  on  the 
aame  general   prindidea  aa  the  Coliaaeum,  from 
which,  again,  they  all  differ  by  the  abaence  of 
the  outeimoat  corridor ;  and,  conaeqnently,  their 
height  could  not  have  exceeded    three  atoriea ; 
while  aome  of  them  only  had  two.     Of  the  Vero- 
neae  amphitheatre^  the  outer  wall  and  colonnade 
are  entirely  gone,  excepting  four  arches  ;  but  the 
rest  of  the  building  u  almost  perfect.    When 
complete,  it  had  aeventy-two  archea  in  the  outer 
circle,  and,  of  course,  the  same  number  of  radiating 
walla,  with  their  paaaagea  and  ataircaaea;  the 
lei^ths  of  the  axea  of  the  outer  ellipae  were  500 
and  404  feet,  thoae  of  the  arena,  242  and  146. 
It  waa  probably  built  under  Bomitian  and  Nerva. 
(Maffei,  Verona  lUustrata.)     The  next  in  import- 
ance ia  that  at  Nimea,  the  outer  dimenaiona  of 
which  are  computed  at  434  by  340  feet.    **  Tho 
exterior  wall,  which  is  nearly  perfect,  oonaiata  of 
a  ground  stoiy  and  upper  story,  each  pierced  with 
sixty  arches,  and  ia  surmounted  by  an  attic;     Ita 
height,  from  the  lerel  of  the  ground,  is  above  70 
English  feet       The  lower  or  ground  story  ia 
adorned  with  pilasters,  and  the  upper  with  Tuscan 
or  Doric  columns.     The  attic  shows  the  holes 
destined  to  receive  the  poata  on  which  waa  stretched 
the  awning  that  covered  the  amphitheatre.    Tbe 
rows  of  seats  are  computed  to  have  been  originally 
32  in  number.     There  were  four  principal  en* 
trances.    The  amphitheatre  haa  been  computed  to 
hold  17,000  penKma:    it  was  built  with  great 
solidity,  without    cement"      (Pen.  Cjfdop.  art 
iVtmef.)    That  at  Arlea  waa  three  stories  high, 
and  has  the  peculiarity  of  being  built  on  uneven 
ground,  so  that  the  lowest  story  is,  for  the  most 
part,  below  the  level  of  the  surface,  and  tihe  prin- 
cipal entzancea  are  on  the  second  story.     (For  a 
detailed    description,    see    Guis,  Deseriftion  <U 
VAmphUki£Ltre  d*ArU^  1665  ;  and  Pea.  Cjfdop, 


00 


AMPHORA. 


art.  Aries.)  Both  these  amphitheatres  belong  pro- 
bably to  ihe  time  of  the  Antonines.  *  (Ma^i,  de 
Amph.  Gall.)  The  amphitheatre  at  Pola  standB 
on  the  side  of  a  hill,  and  is  higher  on  one  side  than 
on  the  other.  There  is  little  to  remark  respecting 
the  other  amphitheatres,  except  that  a  fragment  of 
an  inscription,  found  in  that  at  Capua,  informs  us 
that  it  was  built  under  Hadrian,  at  the  cost  of 
the  inhabitants  of  the  city,  and  was  dedicated  by 
Antoninus  Pius  ;  and,  concerning  that  of  Pompeii, 
that  the  earthquake,  which  preceded  the  eruption 
by  which  the  city  was  buried,  injured  the  amphi- 
theatre so  much,  that  antiquarians  have  been  dis- 
appointed in  looking  for  any  new  information  from 
it ;  there  is  an  excellent  description  of  it  in  the 
work  entitled  Pompeii^  vol  L  c  9.  There  are  traces 
of  amphitheatres  of  a  ruder  kind,  chiefly  of  earth, 
in  yarious  parts  of  our  own  country,  as  at  Dor- 
chester, Silchester,  Caerleon,  and  Redruth. 

IV.  Uaet  o/ihs  Amphideahre. -—Thh  part  of 
the  subject  is  treated  of  under  Gladiatorbs, 
Nadmachia,  and  Ybnationxs.  This  is  not  the 
place  to  discuss  the  influence  of  the  spectacles  of 
the  amphitheatre  on  the  character  and  destinies 
of  the  Roman  people :  some  good  remarks  on  the 
subject  will  be  found  in  the  Library  of  Entertain- 
ing Knowledge^  Menageries^  vol  ii  c.  12.  [P.  S.] 
AMPHOMO'SIA.  [Amphiorkia.] 
AM'PHORA  i&fupoptis^  old  form  Afiipupopt^s, 
Horn.  IL  xxiil  107  ;  Od.  x.  164,  et  alib. ;  SchoL 
in  Apoll  Rhod.  iv.  1187 ;  Simon,  in  Anth,  Pal. 
xiil  19).  A  laige  vessel,  which  derived  its  name 
frt>m  its  being  made  with  a  handle  on  each  side  of 
the  neck  (firom  i^l,  on  both  tides^  and  <t*^pc0  to 
earn/)j  whence  also  it  was  called  diata,  that  is,  a 
vessel  toith  two  ears  (JHeoros^  Hlvros  ffrdfutos  or 
KiZuTKos^  Plat.  Hipp.  Maj.  p.  288,  d. ;  Ath.  xi. 
p.  473  ;  Moeris  s.  v.  hfi^opia ;  Hor.  Cbrm.  i  9. 
8).  The  form  and  size  varied,  but  it  was  generally 
made  tall  and  narrow,  and  terminating  in  a  point, 
which  could  be  let  into  a  stand  or  into  the  ground, 
to  keep  the  vessel  upright ;  several  amphorae  have 
been  found  in  this  position  in  the  cellars  at  Pom- 
peii. The  following  cut  represents  amphorae  fix>m 
the  Townley  and  Elgin  collections  in  the  British 
Museum. 


AMPHORA, 

The  usual  material  of  the  amphora  was  eartheo- 
ware  (Hor.  de  Ar,  Poet.  21),  whence  it  was  aim 
called  testa  {Carm.  L  20.  2) :  but  Homer  mentions 
them  of  gold  and  of  stone  (72.  xxiii  92  ;  Od,  zxir. 
74,  xiiL  105) :  and  in  later  times  glass  amphorae 
were  not  uncommon  (Petron.  34)  ;  several  have 
been  found  at  Pompeii :  Nepos  mentiona,  as  a  great 
rarity,  amphorae  oif  onyx,  as  large  as  Chian  cadi 
(pp.  Plin.  H.  N.  xxxvi  7.  s.  12).  The  amphora 
was  often  made  without  handles.  The  name  of 
the  maker,  or  of  the  place  of  manu&cture,  was  some- 
times stamped  upon  them :  this  is  the  case  with 
two  in  the  Elgin  collection,  Noe.  238  and  244. 

[FiCTILB.] 

Amphorae  were  used  for  the  pres^vation  of 
various  things  which  required  careful  keeping, 
such  as  wine,  oil,  honey,  grapes,  olives,  and 
other  fiTiits  (Horn.  IL  xxiii  170  ;  Cato,  R.R.X. 
2  ;  Colum.  R.  R.  xii  16,  47  ;  Hor.  EpwL  iL  15  ; 
Cic.  0.  Veirr.  iv.  74);  for  pickled  meats  (Xen.  Anab. 
V.  4.  §  28)  ;  and  for  molten  gold  and  lead  (Herod, 
iil  96  ;  Nepos,  Hamn.  9).  There  is  in  the  British 
Museum  a  vessel  resembling  an  amphora,  which 
contams  the  fine  African  sand  used  by  the  athle- 
tae.  It  was  found,  with  seventy  others,  in  the 
baths  of  Titus,  in  1772.  Respectmg  the  use  of 
the  amphora  in  the  streets  of  Rome,  see  Petron. 
70,  79 ;  Propert.  iv.  5.  73 ;  Maciob.  SacL '±12% 
and  the  commentators  on  Lucretius,  iv.  1023. 
Homer  and  Sophocles  mention  amphorae  as  used 
for  cmerary  urns  {IL  xxiii.  91,  92  ;  Soph.  Fr. 
303,  Dind.) ;  and  a  discovery  was  made  at  Salona, 
in  1825,  which  proves  that  they  were  used  as 
coffins :  the  amphora  was  divided  in  half  in  the 
direction  of  its  length  to  receive  the  corpse,  and 
the  two  halves  were  put  together  again  and  buried 
in  the  earth :  the  skdetons  were  found  still  entire. 
(Steinbiichel,  AUertkum.  p.  67.)  Amphorae  of  par- 
ticular kinds  were  used  ica  various  other  pur- 
poses, such  as  the  amphora  nasitema  for  irrigation 
(Cato,  R.  R.  11.  §  3),  and  the  amphora  ^partea^ 
which  was  perhaps  a  wicker  amphora  for  gather- 
ing grapes  in.    {Ibid.  §  2.) 

The  most  important  emplo3nnent  of  the  amphora 
was  for  the  preservation  of  wine :  its  use  for  this 
purpose  is  fully  described  under  Vinum.  The 
following  woodcut,  taken  fimn  a  painting  on  the 
wall  of  a  house  at  Pompeii,  represents  the  mode  of 
filling  the  amphora  from  a  wine-cart 


There  is  an  interesting  account  of  the  use  of 
the  amphora  among  the  J^ptians,  in  Sir  G.  Wil- 
kinson's Andent  Egyptians^  vol  il  pp.  157—160. 


A3CPYX. 

TVe  BEne  mmjAoara  vas  dbo  apidied  both  bj 

t&c  Gneki  sad  the  Roxmns  to  a  definite  mcamre 

of  cqadtf  »  whkiL,  borvrener,  wu  dififierent  among 

tke  t«a  penplew^  the  Raman  aIl^>hoIa  being  only 

two-ilnrds  of  the  Greek  ft^n^opcfo.     In  both  aiaes 

ife  md  appeals  to  be  an  abbreriation,  the  ftdl 

l^nae  being  in  Greek   ^k^c^opc^  ^i^rp^ris   (<A« 

lAiimiiwd  aayfcoraX  and  in  latin   oa^Nkiro  faa- 

^hiBla{  (ll«  eiiWb  oa^M&ora).    Respecting  the  mear 

aaes  thoaoelTea,  aee  MsraxTSS,  Quadeantai^ 

At  Rooie  a  standard    ampboca,  called  ampikora 

CaptoHaa^  vas  kept  in  the  temple  of  Jupiter  on 

tike  Cipitol  (Rhemn.  Fann.  de  BomL  61  ;  CapitoL 

Msnm.  4).     The  siae  of  ahlps  was  estimated  bj 

asfhfliae  (Cic  ad  Fdm^  ziL  15  ;  Liy.  xxL  63); 

and  the  pndoee  of  a  Tineyaxd  was  reckoned  hy 

i^  niaaber  of  oatpftonoK,  or  of  cald  (of  twenty 

aafjane  each),  vbkh  it  yielded.  [P.^] 

AMPLIATIO.     [Judicium.] 

AMPULLA  (A^uOos,  jSofiff^Aioj),  a  bottle, 

■aBitlly  made  either  of  glass  or  earthenwaze,  rarely 

if  noce  valoable  raaterialfl.    Bottles  both  of  gUas 

ad  eazthenwaxe  are  preaerred  in  great  quantities 

in  oar  cflQeetioDa  of  antiquities,  and  their  forms 

■re  Toy  Tarioaa,  though  always  narrow-mouthed, 

isd  gcDeraU  T  more  or  leas  appnMiching  to  globolar. 

Fr3b  their  round  and  awoUen  shape,  Horace  i^ 

plies  the  word,  aa  the  Greeks  did  A^jcv^r,  to 

indicate  giand  and  toig^d,  but  empty,  language. 

iUv.  B^  1 3^  14^  deAr.BocL  97.)    Bottles  were 

ued  fiar  holding  all  kinds  of  liquids,  and  are  men- 

ticged  e^ecially    in   connection  with 'the  bath. 

Evoy  Jiman  took  with  him  to  the  bath  a  bottle 

of  ^  (aiygg  tJeandX  for  anointing  the  body 

tta  hathing,  and  aa  audi  bottles  firequently  con- 

tasied  perfioned  oils  we  read  of  onipv/^  oomcMaas. 

(iCait  m.  82. 26.)    A  bottle  of  this  kind  is  figured 

■ader  Balkvum. 

The  dealer  in  bottles  was  called  anqmBaritu, 
sod  psit  of  lua  business  was  to  eorer  them  with 
leither  (eornaa).  A  bottle  so  corered  was  called 
emftHar^bidtu  (P]aat.i2H(2.in.  4. 51, 6lfici.ii.  1. 
77,  cempaied  with  Featus,  s.  o.  Btdnda,} 

AMPYX,  AMPYCTER  (<^«rvC,  d^wrr^p), 
«dled  by  the  Romans  /ronialej  was  a  broad  boind 
er  pfate'of  metal,  which  Greek  ladies  of  rank  wore 
1^  the  forehead  as  part  of  the  head-dress.  (IL 
zxs.4(>a— 470  ;  AcachyL  St^jp.  431  ;  Theocr.  L 
33k)  Hence  it  is  attributed  to  the  female  divinitiei* 
Artnss  weaxv  a  frontal  of  gold  (xptw^oy  fyarvKo, 
blip.  Hte.  464)  ;  and  the  epithet  -xpttaiforvK^s  is 
sfpiwd  by  Homer,  Hesiod,  and  Pindar  to  the 
Mises,  the  Hooia,  and  the  Fates.  Ftom  the  ex- 
IRMoe  tAp  KiMD^wKa  e^oy  in  a  fragment  of 
Piadar,  we  may  infer  that  this  ornament  was 
■BtftiiBfs  made  of  blue  steel  (x^oms)  instead  of 
foid ;  and  the  Scholiast  on  the  aboye  cited  passage 
«f  Earipides  asserts,  that  it  was  sometimes  en- 
ndied  with  predoos  stones. 

lyfnmtal  of  a  kone  was  called  by  the  same 
Bsme,  and  was  occasionally  made  of  similar 
rick  watmals  Hence,  in  the  Hiad,  the  hoTBes 
vUch  diaw  the  chariots  of  Hera  and  of  Axes  are 
oQed  Xf^adfonncts. 

The  SDOiezed  woodcut  ezhibitsHhe  frontal  on  the 
heai  flf  Pegasus,  tsken  from  one  of  Sir  William 
HsmStoB^  vases,  in  contrast  with  the  coirespond- 
BBjscmDcnt  aa  shown  on  the  heads  of  two  fonales 
is  tke  same  eollection. 

FiQDtals  were  also  worn  by  depbants.  (Lir. 
nxrii.  40.)    Hcsychius  (a.  v.  AvSugr  N^/iy)  sup- 


AMUSSIS. 


91 


the  men  to  have  worn  frontals  in  Ly- 
They  appear  to  have  been  worn  by  the 
Jews  and  other  nations  of  the  East  (Dent  tI  8, 
XL  18.)  [J.  y.] 

AMULETUM  <w«plarrsr,  ««p<w««  ^A». 
rr^pioy),  an  amulet  This  word  in  Anbic  (Hama- 
let)  meana  tkai  toUek  is  tmtpemdmL  It  was  probably 
brought  by  Arabian  meruiants,  together  with  the 
articles  to  which  it  was  applied,  when  they  were 
imported  into  Europe  from  the  East  It  first  occurs 
in  the  Natoral  Histoiy  of  Pliny. 

An  amulet  was  any  object — a  stone,  a  plant, 
an  artificial  production,  or  a  piece  of  writing  — 
which  was  suspended  from  the  neck,  or  tied  to 
any  part  of  the  body,  frr  the  purpose  of  counteract- 
ing poison,  curing  or  prerenting  disease,  warding 
off  the  eril  eye,  aiding  women  in  childbirth,  or 
obTiatipg  calamities  and  securing  advantages  of 
any  kind. 

Faith  in  the  virtues  of  amulets  was  almost  uni- 
versal in  the  ancient  woiid,  so  that  the  whole  art 
of  medicine  consisted  in  a  very  considerable  degree 
of  directions  for  their  applicadoo  ;  and  in  propor- 
tion to  the  quantity  of  amulets  preserved  in  our 
collections  of  antiquities,  is  the  frm^uent  mention  of 
them  in  ancient  treatiies  on  natural  history,  on  the 
practioe  of  medicine,  and  on  the  virtues  of  plants 
and  stones.  Some  of  the  amulets  in  our  museums 
are  merely  rough  unpolished  fragmenu  of  such 
stones  as  amber,  agate,  comeliim,  and  jasper; 
others  are  wrought  into  die  shape  of  beetles,  quad- 
rupeds, ^^  fingers,  and  other  members  of  the 
body.  Tilers  can  be  no  doubt  that  the  selection 
of  stones  either  to  be  set  in  rings,  or  strung  to- 
gether in  necklaces,  was  often  made  with  reference 
to  their  reputed  virtues  as  amulets.  (Plin.  H.  N, 
zzv.  9.  s.  67,  zziz.  4.  s,  19,  xzz.  10.  b.  24.,  zxxvii. 
8.  s.  37.)    [FASCiNua]  [J.  Y.l 

AMUSSIS  or  AMUSSIUM,  a  carpenter^ 
and  mason^s  instrument,  the  use  of  which  was  to 
obtain  a  true  plane  surfooe ;  but  its  construction 
is  difficult  to  make  out  from  the  statements  of  the 
ancient  writers.  It  appears  clearly  from  Vitmvins 
(L  6.  §  6)  that  it  was  different  firom  the  n^a&i 
(straight  rule),  and  from  the  UbeOa  (plumbline  or 
square),  and  that  it  was  used  for  obtaining  a  tmer 
sariace,  whether  horizontal  or  perpendicukr,  than 
those  two  mstmments  together  would  give.  It  is 
defined  by  the  grammarians  as  a  rtffula  or  iaMa, 
made  perfectly  plane  and  smooth,  and  used  for 
making  work  level  and  for  smoothing  stones  {Regtda 
ad  quam  atiqmd  txcuquatur^  Festus,  s.  o. ;  anmma  sal 
ae^MaaiaRteia  leoigatwan^  H  est  apud  fahros  tahda 
qttaedam^  qua  uitmiur  ad  sawa  Imigaada^  Varr.  ap, 
I  iVoM,  i  28) ;  and  another  grammarian  veiy  clearly 


92 


ANAKEIA. 


describes  it  as  a  plane  sarfiiceiy  coyered  with  red 
ochre,  which  was  placed  on  work,  in  order  to 
test  its  smoothness,  which  it  of  course  did  by 
leaving  the  mark  of  the  red  ochre  on  any  pro- 
jections. (Anutana  est  tabula  mbrieata  tpuu  tie- 
miUitur  ewaiminandi  operit  gratia^  an  retium  opu$ 
mrgat^  Sisenna,  ap.  Cbarit.  ii.  p.  178,  Putsch). 
There  was  also  a  difference  of  opinion  among  the 
grammarians,  whether  the  amussis  was  only  an 
instroment  for  trying  a  level,  or  a  tool  for  actually 
making  one  (Festas,«.«.  jBrnrnvntm).  The  amus- 
sis was  made  sometimes  of  iron  (Fest  ibid,\  and 
Bometimes  of  marble  (Vitruv.  L  &).  It  gives  rise 
to  the  adverbs  amussimj  odamMistim,  and  eanmus- 
Mm,  meaning  with  perfect  regularity  and  exact- 
ness.    (See  Foroellini,  Lexicon,)  [P.  S.] 

AMU'SSIUM.    [Amussis.] 

ANADE'MA.     [Mitra.] 

ANADI'KIA  (Aj^a«i«k).     [APBLLATia] 

ANA'GLYPHA  or  ANAGLYPTA  {hi^i^ 
7Xu^,  dM(7^t^rra),  chased  or  embossed  vessels 
made  of  bronze  or  of  the  precious  metals,  which 
derived  their  name  from  the  work  on  them  beinff 
in  relief  and  not  engraved.  (Plin.  H.  N.  zxziii. 
11.  s.  49  ;  Virg.  Am.  v.  267  ;  Martial  iv.  S9 ; 
Cablatora  ;  ToRBUTiCB.)  The  name  was  also 
applied  to  sculptured  gems.  [P.  S.] 

ANAGLYPTA.     [Anagltpha.] 

ANAGNOSTAE,  also  called  Ledores,  were 
slaves,  who  were  employed  by  the  educated  Romans 
in  reading  to  them  during  meals  or  at  other  times. 
(Cic.  ad  AtL  112;  Com.  Nep.  Att  14 ;  Plin.  Ep, 
L  15,  iil  5,  ix.  36.) 

ANAGO'GES  DIKE'  {hmywyiis  9Uni).  If 
an  individual  sold  a  shive  who  had  some  secret 
disease — such,  for  instance,  as  epilepsy —  without 
informing  the  purchaser  of  the  circumstance,  it 
was  in  the  power  of  the  latter  to  bring  an  action 
against  the  vendor  within  a  certain  time,  which 
was  fixed  by  the  laws.  In  order  to  do  this,  he  had 
to  report  (iufdytty)  to  the  proper  authorities  the 
nature  of  the  disease ;  whence  the  action  was  called 
iwayuyris  Blmi.  Plato  supplies  us  with  some  inform- 
ation on  this  action ;  but  it  is  uncertain  whether 
his  remarks  apply  to  the  action  which  was  brought 
in  the  Athenian  courts,  or  to  an  imaginary  form  of 
proceeding.  (Plat  Leg.  xi.  p.  916  ;  Hesych.  8.  v, 
ovayMyfi :  Suid.  1. 1>.  ivaywyi^^  iydy^aBm ;  Meier, 
AU.  Process,  p.  525.) 

ANAGO'GIA  {hyar&yia),  a  festival  celebrated 
at  Eryx,  in  Sicily,  in  honour  of  Aphrodite.  The 
inhabitants  of  the  place  believed  that,  during  this 
festival,  the  goddess  went  over  into  Africa,  and 
that  all  the  pigeons  of  the  town  and  its  neigh- 
bourhood likewise  departed  and  accompanied  her. 
(Aelian,  Hist.  An.  iv.  2,  V,  H.  I  14  ;  Athen,  ix. 
p.  394.)  Nine  days  afterwards,  at  the  so-called 
Karay^ta  (return),  one  pigeon  having  returned 
and  entered  the  temple,  the  rest  followed.  This  was 
the  signal  for  general  rejoicing  and  feasting.  The 
whole  district  was  said  at  this  time  to  smell  of 
butter,  which  the  inhabitants  believed  to  be  a 
sign  that  Aphrodite  had  returned.  (Athen.  ix. 
p.  395  ;  comp.  K.  F.  Hermann,  LeM,  d.  goUes- 
diensL  AUerth.  d.  Griechen^  §  68.  n.  29.)      [L.  &] 

ANAKEIA  (hydKua)  or  ANAKEION  (dj^ 
Kfioy),  a  festival  of  the  Dioscuri,  or  '^Avaxres,  as 
they  were  called,  at  Athens.  (Hesych.  vol.  I 
p.  325  ;  Pollux,  l  37.)  Athenaeus  (vi  p.  235) 
mentions  a  temple  of  the  Dioscuri  called  'Aj^cioy, 
at  Athens;  he  also  informs  us  (iv.  p.  137)  that 


ANAKRISia 
the  Athenians,  probably  on  the  oceaaion  of  thi 
festival,  used  to  prepare  for  these  heroes  in  th 
Piytaneium  a  meal  consisting  of  cheese,  a  liarley 
cake,  ripe  figs,  oUves,  and  garlic,  in  remembranct 
of  the  ancient  mode  of  uvmg.  These  lieroe 
however,  received  the  most  distuiguished  honoun 
in  the  Dorian  and  Achaean  states,  where  it  ma} 
be  supposed  that  every  town  celebrated  a  festiva 
in  their  honour,  though  it  may  not  haye  been  undei 
the  name  of  kydntta.  Pausanias  (x.  88.  3)  men- 
tions a  festival  held  at  Amphissa,  called' that  of  the 
hftUermp  Tat9uy :  but  adds  that  it  was  dispoted 
whether  they  were  the  Dioscuri,  the  Curetes,  or  the 
Cabeiri.  (K.  F.  Hermann, Z^Arft.  d,gotteadiengL  Al- 
terth.  d.  CfficAen,  §  62.  n.  27.)  [L.  a  J 

ANAKEI'MENA  (Ajwccf^vo).  [Donarta.] 
ANAKLETE'RIA  {kyaKXrrrhpta\  the  name 
of  a  solemnity  at  which  a  young  prince  waa  pro- 
claimed king,  and  ascended  the  ^rone.  The  name 
was  chiefly  applied  to  the  accession  of  the  Ptolemaic 
kings  of  £gypt  (Polyb.  ReUq.  xviiL  38,  xxviix. 
10.)  The  prince  went  to  Memphia,  and  was 
there  adorned  by  the  priests  with  the  aacrcd 
diadem,  and  led  into  the  temple  of  Phtha,  where 
he  vowed  not  to  make  any  innovations  either  in 
the  ordor  of  the  year  or  of  the  festivals.  He  then 
carried  to  some  distance  the  yoke  of  Apia,  in  order 
to  be  reminded  of  the  sufferings  of  man.  Re- 
joicings and  sacrifices  concluded  the  aolenmity. 
(Diod.  Fragm.  lib.  xxx.)  [L.  a] 

ANAKLYPTE'RIA.    [Matbimonicticj 
ANA'KRISIS    {kyijKpuris\  the  preliminary 
investi^tion  of  a  case  by  a  magistrate  or  avchon, 
before  it  was  brought  before  the  courts  of  justice 
at  Athens.     For  the  purpose  of  ascertaining  whe- 
ther the  action  would  lie,  both  parties,  the  com- 
plainant and  defendant,  were   summoned,  sepa- 
rately, and  if  either  of  litem  did  not  appear  with- 
out a  formal  request  to  have  the  matter  dehiyed 
(^ctf/uoo-fa),  he  tacitly  pleaded  guilty,  and  accord- 
ingly lost  the  suit.    (DemostL  c  Timor,  p.  1324.) 
The  anacrisis  began  by  both  the  plaintiff  and  the 
defendant  taking  an  oath,  the  former  thereby  at- 
testing that  he  had  instituted  the  prosecution  with 
truth  and  conscientiousness  («-fKM»fio0'<a),  and  the 
latter,  that  to  the  best  of  his  knowledge  he  was 
innocent  (&yr»/uo<Ha).  (Timaeus,  Lex.  Plat.  p.  38, 
with  Ruhnken'S  note ;  Diog.  Laert  il  40  ;  Plat 
ApcL  Socr.  3.)    It  was  further  promised  by  both, 
that    the    subsequent    prosecution  and    defence 
should  be  conducted  with  fiumess  and  justice. 
(Harpocrat,    Suid.,    Hesych.    $.  v.  iurrwfuxria: 
Pollux,  viiL    122.)     If  the  defendant  did  not 
bring  forward  any  objection  to  the  matter  being 
brought  before  a  court  of  justice,  the  proceedii^ 
was  termed  c&euSucfo.  (Demosth.  e.  Phorm.  p.  908, 
c.  StqA,  p.  1103.)     Such  objections  might  he 
raised  in  regard  to  the  incompetency  of  the  court 
to  which  the  matter  was  to  be  referred,  or  in  regard 
to  the  form  in  which  the  accusation  was  brought 
forward,  and  the  like   (Lys.  c  PemeL  p.  732 ; 
Pollux,  viil  67)  ;  they  were  always  looked  upon 
with  suspicion  (Demosth.  e.  Zeocft.  p.  1097,  p. 
Phorm.  p.  944)  ;  but,  nevertheless,  they  were  not 
unfrequently  resorted  to  by  defendants,  either  in 
the  form  of  a  Zioftaprvpla^  or  that  of  a  Tnpaypa^. 
In  the  case  of  a  StofiaftTvpia,  the  plaintiff  had  to 
bring  forward  witnesses  to  show  that  the  ob- 
jections raised  by  the  defendant  were  unfounded ; 
and  if  this  could  not  be  done,  the  defendant  bad  a 
right  to  bring  witnesses  to  show  that  his  objections 


ANAKRISI& 
on  jastioe,  and  in  Bceordanee  with 
the  Ixwn,     But  each  of  the  litigant  parties  might 
dcfaooDce  the  witnesses  of  his  opponent  as  fiuse 
.  and  thos  a  seeondaij  lawsuit  might  be 
t  with  the  prindpl  one.     If  the  ^utftap- 
i  waameiEted  toin  aciTil  case,  the  party  who 
nnde  use  of  it  had  to  deposit  a  sum  of  money 
(vqpoKKratfsA^),  and  when  the  plaintiff  lost  his 
ssit,  he  had  to  pay  to  the  defendant  a  fine  for 
kbTiBg  Baaed  an  accusation  without  foundation. 
In  lawsaitB  about  the  snooessian  to  the  property  of 
a  pcsHo,  the  haftaprvpU  was  the  cidy  form  in 
wLkh    objectioDS    could    he  raised.      (Bekker, 
AneadaL  p.  2Z6,)    The  vaptrfpapii  was  an  ob- 
jccaoB  in  writing^  which  was  made  by  the  de- 
feadant,  without  hia  employing  any  witnessea, 
and  which  was  decided  upon  in  court ;  and  in 
this,  alaoy  the  loser  had  to  pay  a  fine  to  the  party 
thait  gained  the  suit     (Pollttz,  viii  58.)     When 
tbe  phintiff  gained  his  case,  the  prosecution  pro- 
ceeded in  its  rq^nlar  conne.     The  amiiypa/^ 
howerer,  might  be  something  more  than  a  mere 
•IjectMA,  inssmnch  as  the  defendant  might  turn 
^^sajast  Ae  plaintiff,  and  zaise  an  accusation  against 
hna.     Such  an  accusation  rery  commonly  con- 
sUied  in  the  defendant  chazging  his  accuser  with 
hsriag  no  li^t  to  daim  the  pririleges  of  an 
Atheuan  dtina,  in  consequence  of  which  the 
btter  was  prevented  from  exexdsinff  those  priyi- 
k^  until  he  had  established  his  mims  to  them. 
This  kind  of  irrifpo^  was  firequently  a  mere 
denee  to  snaoy  the  plaintift 

These  aze,  in  geDessl,  the  proceedings  in  the 
iw^MU :  sod  fiom  what  thus  took  phioe,  it  is 
dear  that  the  main  part  of  the  evidence  on  both 
dd«s  was  hroBght  out  in  the  iLydicptcis^  and  at  the 
Rgubr  trial  in  court  the  main  object  was  to  work 
span  the  minds  of  the  judges  through  the  in- 
fiaeoee  «f  the  orators,  widi  reference  to  the  evi- 
deaee  IvoBgfat  oat  in  the  iydusptris.  The  latter, 
thoefcte,  consisted  of  the  simple  evidence  which 
Rqaiied  no  ontorical  discassion,  and  which  was 
esBtaiDed, —  1.  in  laws  ;  2.  in  docmnenia  ;  3.  in 
the  statrawnt  of  free  witnesses  ;  4.  in  the  stato- 
iseat  of  skvcs  ;  and  5.  in  oaths.  In  all  these 
kinds  «f  evidence,  one  putty  might  have  recourse 
to  the  TftfaAifO'tr,  that  is,  call  upon  the  other 
psrty  to  hdng  ferward  such  other  evidence  as  was 
m  slready  given.  (Demosth.  e.  SUpL  p.  1006, 
c  Tieoer.  p.  987,  e.  Pantaau  p.  978.)  There  was, 
bvevcci  DO  strict  obligation  to  comply  with  such 
s  densad  (Demosth.  cOfywtp,  p.  1181),  and  in 
oertsia  cases  the  pvty  called  upon  might,  in  ao- 
oordsBce  with  estaWisned  laws,  reiuse  to  comply 
with  the  demand  ;  fiv  instance,  persons  belonging 
to  die  ame  frmily  oould  not  be  compelled  to  ap> 
peer  ss  witiMsssca  a^pdnst  one  another.  (DemostL 
c  Tie.  pu  1195.)  But  if  the  reading  of  a  docu- 
BMDt,  throwing  light  upon  the  point  at  issue,  was 
Rfiued,  the  other 


ANAKRISI& 


93 


party  might  bring  in  a  Sdni  tis 


In  regard  to  the  kwa  which  either  party  misht 
aUoce  in  its  sapport,  it  must  be  obeerved,  that 
copid  of  them  Imd  to  be  read  in  the  anacrisis, 
iinee  it  would  hare  been  difficult  for  any  magis- 
giitate  or  judge  to  fix*  at  once,  upon  the  law  or 
iavi  besting  npon  the  qoestion  at  issue.  In  what 
Baser  the  authorities  were  enabled  to  insure 
hiiUal  aad  eoneci  copies  being  taken  of  the  laws, 
ii  net  known ;  bat  it  is  highly  probable  that  any 
as  vh)  took  •  eopy  in  the  archires,  had  to  get 


the  signature  of  some  public  officer  or  scribe  to 
attest  the  correctness  of  the  copy. 

Other  legal  documents,  such  as  contracts  (avy- 
OTtKcUf  <rvyypapat\  wills,  books  of  accounts,  and 
otiier  records  (Demosth.  p.  Phorm,  p.  950),  not 
only  required  the  signature  and  seal  of  the  party 
concerned,  but  their  authenticity  had  to  be  attested 
by  witnesses.    (Demosth.  &  OneL  p.  869). 

Evidence  (/AOfn-vpIa)  was  given  not  only  by  free- 
bom  and  grown-up  citizens,  but  dso  by  strangers 
or  aliens  (DemostlL  e,  LaeriL  pp.  927,  929,  930, 
937),  and  even  firom  absent  persons  evidence 
might  be  procured  (^ic/ta^vpfo,  Demosth.  cSteph. 
p.  1180  ;  Pollux,  viii.  36X  or  a  statement  of  a 
deceased  person  might  hie  referred  to  {iuto^v 
fiofnvptiy^  Demosth.  c.  St^k  p.  1130,  e.  Leodk, 
p.  1097).  If  any  one  was  called  npon  to  bear 
witness  (jcXij-^^cik),  he  oould  not  r^iise  it;  and 
if  he  refused,  he  might  be  compelled  to  pay  a  fine 
of  1000  drachmae  (Demosth.  de  FcUs,  Leg,  pp.  396, 
403  ;  Aeschin.  c.  Tmoct,  p.  71),  unless  he  could 
establish  by  an  oath  (^^/too-fa),  that  he  was 
unable  to  give  his  evidence  in  the  case.  Any  one 
who  had  promised  to  bear  witness,  and  afterwards 
fiuled  to  do  so,  became  liable  to  the  action  of  8uci| 
Xcnro/toprvptov  or  fi\d€iis.  The  evidence  of  an 
avowed  friend  or  enemy  of  either  party  might  be 
rejected.  (Aeschin.  c.  Timocr,  p.  72.)  All  evi- 
dence was  either  taken  down  in  writing  as  it  was 
given  by  the  witnesses,  or  in  case  of  its  having 
been  sent  in  previously  in  writing,  it  was  read 
aloud  to  the  witness  fer  his  recognition,  and  he 
had  generally  to  confirm  his  statement  by  an  oath. 
(Demosth.  o.  SUpk.  pp.  1115, 1119, 1130,  e.  Con. 
p.  1269  ;  comp.  Diog.  Laert.  iv.  7.)  The  testi- 
mony of  slaves  was  valid  only  when  extorted  by 
instruments  of  torture,  to  which  either  one  party 
might  offer  to  expose  a  slave,  or  the  other  might 
demand  the  torture  of  a  shve.  (Demosth.  c.  Ni^ 
eostr,  p.  1254,  c  Jpkob,  p.  855,  o,  Onet,  p.  874, 
c  Stej^  p.  1135.) 

A  distinct  oath  was  required  in  cases  where 
there  were  no  witnesses  or  documents,  but  it  has 
been  remarked  above  that  oaths  were  also  taken  to 
confirm  the  authenticity  of  a  document,  or  the  truth 
of  a  statement  of  a  witness*     [JusjuiiANoirM.] 

If  the  evidence  produced  was  so  clear  and  sa- 
tisfiiCtoiT,  that  there  was  no  doubt  as  to  who  was 
right,  the  magistr^  could  decide  the  case  at 
once^  without  sending  it  to  be  tried  in  a  court 
During  the  anacrisis  as  well  as  afterwards  in  the 
regular  court,  the  liti^t  parties  might  settle 
their  dispute  by  an  amicable  anangemenC  (De- 
mosth. c  Tkeocrin,  p.  1 323,  c.  Mid,  p.  529 ;  Aeschin. 
de  Fala,  Leg,  p.  269  ;  PoUux,  viit  143.)  But  if 
the  plsintiff,  in  a  public  matter,  dropped  his  accu- 
sation, he  became  liable  to  a  fine  of  1000  drach- 
mae, and  incurred  partial  atimia ;  in  later  times, 
however,  this  punishment  was  not  always  inflicted, 
and  in  dvil  cases  the  plaintiff  only  lost  the  sum 
of  money  which  he  had  deposited.  When  the 
parties  did  not  come  to  an  .understanding  during 
the  anacrisis,  all  the  rarious  kinds  of  evidence 
brought  forward  were  put  into  a  vessel  called 
ix^osj  which  was  sealed  and  entrusted  to  some 
officer  to  be  kept  until  it  was  wanted  on  the  day 
of  trial  (Demosth.  c.  Ol^fmp,  p.  1173  ;  SchoL  ad 
Aridoph,  Vetp.  1427.)  The  period  between  the 
conclusion  of  the  preliminary  investigation  and  until 
the  matter  was  brought  before  a*conrt,  was  con- 
sidered to  belong  to  the  anacrisis,  and  that  period 


9i 


ANAXAGOREIA. 


WM  difTerently  fixed  bj  law,  according  to  the 
nature  of  the  charge.  In  cases  of  mnrder,  the 
period  was  neyer  less  than  three  months,  and  in 
others  the  trial  in  court  commenced  on  the 
thirtieth  day  after  the  beginning  of  the  anacrisis, 
as,  0.  ^.  in  the  Succu  iparucatt  dfiTopucalf  ficroAXi- 
KcU,  and  TpoiK6s  (Harpocnt.  «.  «l  (^nfiyipoi  9mm  ; 
Pollux,  viiL  63,  101),  and  the  day  fixed  for  the 
trial  was  called  icvpla  rov  v6iuov.  (Demosth.  & 
Mid.  p.  544.)  In  other  cases,  the  day  was  fixed 
by  the  magistrate  who  conducted  the  anacrisis. 
But  either  party  might  petition  for  a  postponement 
of  the  trial,  and  the  opposite  party  might  oppose 
the  petition  by  an  oath  that  the  ground  on  which 
the  delay  was  sought  for,  was  not  Talid,  or  un- 
satisfactory. (Harpocrat.  «.v.&y0inrM/uw(a ;  Pollux, 
Tiii.  60.)  Through  such  machinat^ms,  the  deci- 
sion of  a  case  might  be  delavedto  the  detriment  of 
justice  ;  and  the  annals  of  ue  Athenian  courts  are 
not  wanting  in  numerous  instances,  in  which  the 
ends  of  justice  were  thwarted  in  this  manner  for  a 
number  of  years.  (Demosth.  e.  Mid,  p.  541  ; 
comp.  Meier  and  Schbmann,  DerAtL  Proa.  p.  622  ; 
C.  F.  Hermann,  GriedL  StaatmiUh,  §  141  ;  Scho- 
man,  AntiqmL  Jur.  pubL  Cfraee,  p.  279  ;  Wachs- 
muth,  Hellm.  AUerthmMkumdey  ii.  p.  262,  &c. 
2nd  edit)  The  examination  which  an  archon  un- 
derwent before  he  entered  on  his  office,  was  like- 
wise oailled  dydbcpio-if.  [L.  S.] 

ANALEMMA  {dydKjififta),  in  its  origmal 
meaning,  is  any  thing  raised  or  supported ;  it  is 
applied  in  the  plund  to  walls  built  on  strong 
foundations.  (Hesych.  Snid.  s.  o.)  VitruTius  uses 
the  word  to  describe  an  instrument  which,  by 
marking  the  lengths  of  the  shadows  of  a  fixed 
gnomon,  showed  the  different  altitudes  of  the  sun 
at  the  different  periods  of  the  year.  (Yitruv.  ix. 
7,  8.  s.  6,  7,  Schneider.)  It  must  not  be  con- 
founded with  the  modem  analemma,  which  is  much 
more  complicated  and  precise  than  the  instrument 
described  by  Vitruvius.  [P.  S.] 

ANAPIE'SMATA-    [Thiatrum.] 

ANATHE'MATA  (Awi^/wito.)   [Donaria.] 

ANATOCISMUS.    [Fenus.] 

ANAUMACHIOU  GRAPHE'  (h^av^uixiov 
7pa^),  was  an  impeachment  of  the  trierareh 
who  had  kept  aloof  from  action  while  the  rest 
of  the  fleet  was  engaged.  From  the  personal  na- 
ture of  the  offence  and  thq  punishment,  it  is 
obvious  that  this  action  could  (mly  hare  been  di- 
rected against  the  actual  commander  of  the  ship, 
whether  he  was  the  sole  person  appointed  to  the 
office,  or  the  active  partner  of  the  perhaps  many 
<rvKrcXc7r,  or  the  mere  contractor  (6  /ua^c^- 
ffdfityos).  In  a  cause  of  this  kind,  the  strategi 
would  be  the  natural  and  official  judges.  The 
punishment  prescribed  by  law  fi>r  this  offence 
was  a  modified  atimia,  by  which  the  criminal  and 
his  descendants  were  deprived  of  their  political 
franchise ;  but,  as  we  leam  firom  Andocides,  were 
allowed  to  retain  possession  of  their  property. 
(De  MysL  p.  10.  22,  ed.  Steph. ;  Petit  Leg.  JtL 
p.  667.)  [J.S.M.] 

ANAXAGOREIA  (&ra(a7<$pcM),  a  day  of 
recreation  for  all  the  youths  at  Lampsacus,  which 
took  place  once  every  year,  in  compliance,  it  was 
said,  with  a  wish  expressed  bv  Anaxagoras,  who, 
after  being  expelled  from  Athens,  spent  the  re- 
mainder of  his  life  here.  This  continued  to  be  ob- 
served even  iit  the  time  of  Diogenes  La&tius. 
(^MCii^.  c.  10.)  [L.S.] 


ANGARIA. 

ANCHISTEIA  (&7X«rrc(a).     [Hbrxs.] 

ANCI'LE.    [Salil] 

ANCILLA.    [Sbrvus.] 

A'NCORA     [Navis.] 

A'NKULE  (47«^^i?X    [Hasta.] 

ANDABATAE.    [Gladiator.] 

ANDREIA  (Ai^w).    [Sy88itia.3 

A'NDRIAS  (Wplof).    [Statuaria.1 

ANDROGEO'NIA  CAySpoyci^Ma),  a  festiva 
with  games,  held  every  year  in  the  Cerameieus  a 
Athens,  in  honour  of  the  hero  Androgens,  son  o 
Minos,  who  had  overcome  all  his  adversaries  in  tb( 
festive  games  of  the  Panathenaea,  and  was  after 
wards  killed  by  his  jealous  rivals,  (Pans.  L  27 
§  9 ;  Apollod.  iiL  15.  §  7 ;  Hygin.  Fab.  41 ;  Diod 
iv.  60, 61.)  According  to  Hesychius,  the  hero  alsc 
bore  the  name  of  Eurygyes  (the  possessor  of  ex- 
tensive lands),  and  under  this  title  games  wen 
celebrated  in  his  honour,  6  h^  EvpvyOtf  iy^r. 
(Hesych.  vol  I  p.  1332  ;  K.  F.  Hermazm,  GoUes- 
dieiut.AUerA.d.Gfrisehmy%  62,  TL  22.       [L.  S.J 

ANDROLE'PSIA  (&y«poXi?^ta  or  du^^Kk- 
^iok),  a  legal  means  by  which  the  Athenians  were 
enabled  to  take  vengeance  upon  a  oonunimity  in 
which  an  Athenian  citizen  had  been  murdered. 
For  when  the  state  or  city  in  whose  tenitory  the 
murder  had  been  committed,  refused  to  bring  the 
murderer  to  trial,  the  law  allowed  the  Athenians 
to  take  possession  of  three  individuals  of  that 
state  or  city,  and  to  have  them  imprisoned  at 
Athens,  as  hostages,  until  satisfiiction  was  given, 
or  the  murderer  delivered  up,  and  the  property 
found  upon  the  persons  thus  seized  was  confiscated. 
(Demosth.  c  Arittoer,  p.  647 ;  Harpocrat  $.  v.  ; 
Pollux,  viii.  40 ;  Suid.  and  Etym.  M.  5.0.; 
Bekker,  Amedot  p.  213.)  The  persons  entrusted 
with  the  office  of  seizing  upon  the  three  hos- 
tages, were  usually  the  trierarchs,  and  the  com- 
manders of  ships  of  war.  (DemostL  IM  Ccmm, 
Trier,  p.  1232.)  This  Athenian  custom  is  analo- 
gous to  the  darigatio  of  the  Romans.     (Liv.  viiL 

14.)  [L.a] 

ANDRONFTia  [Dom us,  Grbbk.] 
ANGARPA  (krfe^ia,  Hdt  hryet^Up)  is  a 
word  borrowed  firom  the  Persians,  signifying  a 
system  of  posting,  which  was  used  among  that 
people,  and  which,  according  to  Xenophon,  was 
established  by  Cyrus.  Horses  were  provided,  at 
certain  distances,  along  the  principal  roads  of  the 
empire ;  so  that  couriers  (6770^01),  who  also,  of 
course,  relieved  one  another  at  certain  distances, 
could  proceed  without  interruption,  both  night  and 
day,  and  in  all  weathers.  (Herod,  viii.  98 ;  iii  126 ; 
Xen.  Cyrop.  viii.  6.  §  1 7 ;  Suid.  s.  v.)  It  may  easily 
be  supposed  that,  if  the  government  arrangements 
failed  in  any  point,  the  service  of  providing  horses 
was  made  compulsory  on  individuals ;  and  hence 
the  word  came  to  mean  compulsory  service  in  for- 
warding royal  messages  ;  and  in  this  sense  it  was 
adopted  by  the  Romans  under  the  empire,  and  is 
firequently  found  in  the  Roman  laws.  The  Roman 
cmgarixL,  also  called  on^oriamm  etMnOo  or  prae-^ 
etatio^  included  the  maintenance  and  supply,  not 
only  of  horses,  but  of  ships  and  messengers,  in  for- 
warding both  letters  and  burdens ;  it  is  defined  si 
a  p&rMude  mmmu;  and  there  was  no  ground  of 
exemption  from  it  allowed,  except  by  the  fiivour 
of  the  emperor.  (Dig.  50.  tit  4.  s.  18.  §§  4, 29  ; 
tit  5.  s.  10, 11;  49,  tit  18.  s.  4.  §  1  ;  Cod.Theod. 
8.  tit  5  ;  Cod.  Justin.  12.  tit  51.) 
According  to  Suidas,  the  Persian  word  was  on* 


ANNULUS. 

gamHj  applied  to  any  bearers  of  bnrdent,  and 

■exv  to  compnlsnry  Kfrice  of  any  kind.      [P.  S.] 

ANGIPORTUS,  or  ANGIPORTUM,  a  nar- 

n>v  fasM  bctvoea  twoiowa  of  hooMS  ;  each  a  lane 

K^ht  Ibto  no  iaaoe  at  aU^  or  end  in  a  priTate 

h  juse,  so  as  to  be  what  the  Fcench  call  a  aMe- 

JBC,  or  it  might  tenninate  at  both  ends  in  some 

^Mic  street.     The  ancients  derived  the  word 

frgsi  aiyrff  and  fortmt^  and  explain  it  as  mean- 

inz,  originally,  the  nairow  entrsnce  to  a  port. 

(Fest.p.17.  ed.MuIkr;  Vano,  i>R  X.  £.  t.  145, 

tI  41 ;  dpian,  in  Dig.  Z>0  Sigatf.  Vmh,  59.)    The 

DiSBiber  of  neh  narrow  oonrts,  doses,  or  lanes  seems 

to  have  been  considexable  in  ancient  Rome.    (Cic 

^  ZXa.  L  32,  |k.  J/tZ.  24,    ad  Herm.  iy.  51  ; 

Plaat.  J^aemL  ir.  Z  6,  i^y.  Norn,  iii  1  ;   Ter. 

il<li^  IT.  2. 39  ;  H(8ataim.L25.  10  ;  Catna 

5.Jw  4.)  [L.  a] 

ANGUSTUS  CLAVU8.    [Clavus.] 

ANNA'LES  MA'XIHI.    [Pontipbz.] 

ANNONA  IS  used  to  signify,  1.  The  produce 

cf  the  year  in  earn,  findt,  wine,  &c.,and  hence,  2. 

Pfonsons  in  general,  especially  the  com  which,  in 

the  latter  yean  of  the  repobtic,  was  collected  in 

the  stofebooses  of  the  stat^  and  sold  to  the  poor  at 

a  cheap  iBte  in  times  of  scarcity  ;  and  which,  imder 

the  cmpenn,  was  disCribated  to  the  people  gra* 

taitoQsly,  or  given  as  pay  and  rewards.      [(S>n- 

6LULIUH;  Fbumbsttatio  ;    PRAXraCTUS  An- 

W)SA1.1  [P.  8.] 

A'NNULUS(8a«HXiefXartng.  Eveiy  free- 
nan  in  Gieeee  appears  to  hare  nsed  a  ring ;  and, 
St  least  m  the  earhest  times,  not  as  an  oinament, 
hat  as  sa  article  6r  nse,  as  the  ring  always  served 
aa  a  sesL  How  ancient  the  costom  of  wearing 
rings  aaong  the  Greeks  was,  cannot  be  ascertained ; 
thoagh  it  is  eertain,  as  even  Pliny  (H,  N.  Tnriii. 
4)  olisaTes,  that  in  the  Homeric  poems  there  are 
US  tiaccs  of  it  In  works  of  fiction,  however,  and 
is  thote  l^cnds  in  which  the  cnstoms  of  later  ages 
sre  mixed  v^  with  those  of  the  eariiest  times,  we 
fisd  tlie  most  ancient  heroes  described  as  wearing 
tiapL  (Pam,  L  17.  f  3,  x.  30.  §  2  ;  Enrip.  Ipkig. 
AwLlSi^  Hippol.  859.)  Bat  it  is  Idghly  prohable 
tbst  the  costom  of  wearing  ripgs  was  introduced 
into  Greece  from  Asia,  where  it  appears  to  have 
beei  sfaooot  nnivenal.  (Herod,  i.  195  ;  Pkt.  tU 
Re  PwbL  iL  p.  359.)  In  the  time  of  Solon  seal- 
nsjBi  {jrfp0rfii€s\  as  well  as  the  practice  of  conn- 
teifetdng  tlMoa,  seem  to  have  been  rather  com- 
BMa,  far  Diogenes  LaSrtios  (L  57)  speaks  of  a  law 
«f  Sokn  which  fbibade  the  artist  to  keep  the  form 
of  a  lesl  (f^fsrfis)  which  he  had  sold.  (Instances 
*i  eoonterfeited  sols  are  given  in  Becker*s  Ckan- 
hlBs  ii.  p.  217.)  Whether,  however,  it  was  cns- 
tMisry  as  eariy  aa  the  time  of  Sokm  to  wear  rings 
viik  pcecioos  stones  on  which  figures  were  en- 
gESfe4  ■■■^T  justly  be  doobted  ;  and  it  is  much 
■me  probable  that  at  that  time  the  figures  were 
rat  m  the  Brtal  of  the  ring  itself  a  costom  which 
«ai  sever  abandoned  altogether.  Rings  without 
pRdess  stones  were  called  Jfaf^if^oi,  the  name  of  the 
goi  befaig  i^il^of  or  <r^^ay(r.  (Artemidor.  Onetro- 
aiLiL^)  In  later  times  rings  were  worn  more 
SI  QiBaacDta  than  as  articles  for  nse,  and  persons 
warn  woe  oo  hatget  satisfied  with  one,  but  wore 
tvo,  three,  or  evoi  more  rinss ;  and  instances  aro 
rsnfded  of  tliooe  who  regnlany  loaded  their  hands 
«nb  risfts.  (Plat  Ifg^.  Mm.  p.  868 ;  Aristoph. 
Eeiln.9S2^  NtA.  332,  with  the  8chol;  Dinarch. 
■  DrmmA,  pu  29  i  IKog.  Lam.  v.  1.)    Greek 


ANNULUS. 


95 


women  likewise  used  to  wear  rings,  hot  not  so  fi«- 
qnently  as  men  ;  the  rings  of  women  also  I4>pear 
to  have  been  less  costly  than  those  of  men,  fiv 
some  aro  mentioned  which  were  made  of  amber, 
ivoiy,  &C;  (Artemid.  L  o.)  Rings  were  mostly 
worn  on  the  fourth  finger  (wopflt^co-or,  Plut  Sym- 
pog,  Fragm,  lib.  It.  ;  Gellius,  x.  10).  The  Lace- 
daemonians are  said  to  have  used  iron  rings  at  ail 
times.  (Plin.  H,  JV.  xzxiiL  4.)  With  the  excep- 
tion perhaps  of  Sparta,  the  law  does  not  appear  tc 
have  ever  attempted  in  any  Greek  state  to  counte^ 
act  the  great  partiality  for  this  luxury ;  and  no* 
where  in  Greece  does  the  right  of  wearing  a  gold 
ring  appear  to  have  been  onifined  to  a  partioilar 
order  or  dass  of  citizens. 

The  custom  of  wearing  rings  was  believed  to 
have  been  introduced  into  Rome  by  the  Sabines, 
who  are  described  in  the  early  legends  as  weatw 
ing  gold  rings  with  precious  stones  {gmnmait 
amnUi)  of  great  beanty.  (Liv.  L  11 ;  Dionys.  it 
38.)  Florus  (i  5)  states  that  it  was  introduced 
from  £truria  in  the  reign  of  Tarquinins  Prisons, 
and  Pliny  (L  o.)  derives  it  from  Greece.  The 
bet  that  among  the  statues  of  the  Roman  kings 
in  the  ci4>itol,  two,  Numa  and  Serrius  Tullius, 
were  represented  with  rings,  can  scarcely  be  ad- 
duced as  an  argument  for  their  early  use,  as  later 
artists  would  natundly  represent  the  kings  with 
such  insignia  as  characterised  the  highest  magi- 
strates in  later  times.  But  at  whatever  time 
rings  may  have  become  customary  at  Rome,  thus 
much  is  certain,  that  at  first  they  were  always  ot 
iron,  that  they  were  destined  for  the  same  purpose 
as  in  Greece,  namely,  to  be  used  as  seals,  and  that 
every  free  Roman  had  a  right  to  use  such  a  ring. 
This  iron  ring  was  used  down  to  the  last  period 
of  the  republic  by  such  men  as  loved  the  simplicity 
of  the  good  old  times.  Marius  wore  an  iron  ring 
in  his  triumph  over  Jugurtha,  and  several  noble 
fimiilies  adhered  to  the  ancient  custom,  and  never 
wore  gold  ones.    (Plin.  H,  N.  xxxiii.  6.) 

When  senators  in  the  eariy  times  of  the  republic 
were  sent  as  ambassadors  to  a  foreign  state,  they 
wore  during  the  time  of  their  mission  gold  rings, 
which  they  received  from  the  state,  and  which 
were  perhaps  adomed  with  some  symbolic  repre- 
sentation of  the  republic,  and  might  serve  as  a 
state-seaL  But  ambassadors  used  gold  rings  only 
in  public ;  in  private  they  wore  their  iron  ones. 
(Plin.  xxxiii.  4.)  In  the  course  of  time  it  be- 
came cnstomaiy  for  all  the  senators,  chief  msgi- 
strstes,  and  at  last  for  the  equites  also,  to  wear 
a  gold  seal-ring.  (Liv.  ix.  7.  46,  xxvi.  36  ;  Cic. 
c  Verr.  iv.  25  ;  Liv.  xxiii.  12 ;  Flor.  iL  6.)  This 
right  of  wearing  a  gold  ring,  which  was  subse- 
quentiy  called  the  jus  amuiU  tnnrei^  or  the  jus 
aaas&Mwm,  remained  for  several  centuries  at  Rome 
the  exclusive  privilege  of  senators,  ma^strotes, 
and  equites,  while  all  other  persons  contmued  to 
use  iron  ones.  ( Appian,  ds  Ab.  Pun.  1 04.)  Ma- 
sistntes  and  govemon  of  provinces  seem  to  have 
had  the  right  of  conforring  upon  mferior  officers,  or 
such  persons  as  had  distinguished  themselves,  "iJbo 
privilege  of  wearing  a  gold  ring.  Verres  thus 
presented  his  secretary  with  a  gold  ring  in  the 
assembly  at  Syracuse.  (Cic  e.  Verr,  iii.  76,  80, 
ad  Fam.  x.  32 ;  Suet  Cast.  39.)  During  die 
empire  the  right  of  gnmting  the  annulus  aureus 
belonged  to  the  emperors,  and  some  of  them  were 
not  very  scrupulous  in  conferring  this  privilege. 
Augustus  gave  it  to  Mena,  a  freedman,  and  to 


96 


ANNULU& 


Antoniiu  Man,  a  physician.  (Dion  Can.  zlviiL 
48,  liil  30.)  In  A.  d.  23  the  emperor  TiberinB 
ordained  that  a  gold  ring  thoold  only  be  worn 
by  thoee  ingenui  whoae  fiithen  and  gnndfiUhen 
had  had  a  property  of  400,000  sestertia,  and  not 
by  any  freedman  w  alave.  (Plin.  H,  N,  zzziil  8.) 
Bat  thia  reatriction  waa  c^  little  avail,  and  the 
ambition  for  the  annoloa  auieoa  became  greater 
than  it  had  ever  been  before.  (Plin.  EpiaL  vii.  26, 
Yiii  6  ;  Suet  Gcib.  12.  14  ;  Tacit  HtMt,  L  13 ; 
Snet  VUM,  12 ;  Stat  Sibs.  iil  3.  143,  &c)  The 
emperon  SeTerna  and  Aurdian  conferred  the  right 
of  wearing  gold  ringa  npon  all  Roman  soidiera 
(Herodian.  iii.  8  ;  Vopiac.  AurtL  7) ;  and  Joa- 
tinian  at  length  allowed  all  the  citizena  of  the  em- 
pire, whether  ingenoi  or  libertini,  to  wear  aach 
ringa. 

The  atataa  of  a  peraon  who  had  received  the  jna 
annoli  appeara  to  We  differed  at  different  timea. 
Daring  the  republic  and  the  early  part  of  the  em- 
pire the  juA  annoli  aeema  to  have  made  a  peraon 
ingennna  (if  he  waa  a  libertui),  and  to  hare  raiaed 
him  to  the  rank  of  equei,  provided  he  had  the 
rcquiaite  equeatrian  cenaoa  (Suet  GqBk  10,  14  ; 
Tacit  Hid.  i.  IS,  iL  57),  and  it  waa  probably 
never  granted  to  any  one  who  did  not  poaaeaa  thia 
cenaoa.  Thoae  who  loat  their  property,  or  wen 
found  goilty  of  a  criminal  offence,  loat  l^e  jua  an- 
nail  (Juv.  Sat  xi.  42  ;  Mart  viil  5,  iL  57.) 
Afterwarda,  eapecially  firoro  the  time  of  Hadrian, 
the  privilege  waa  beatowed  npon  a  great  many 
freedmen,  and  such  penona  aa  did  not  poaaeaa  the 
equeatrian  cenaua,  who  therefore  for  thii  reoaon 
alone  could  not  have  become  eqixitea  ;  nay,  the  jua 
annuli  at  thia  late  period  did  not  even  raise  a 
freedman  to  the  atation  of  ingenmia :  he  only  be- 
came, aa  it  were,  a  half  ingenuua  (9aKMs  iMgmuua\ 
that  ia,  he  waa  entitled  to  hold  a  public  office,  and 
might  at  any  future  time  be  raiaed  to  the  rank  of 
equea.  (Jul  Capitol  Maerin.  4.)  The  Lex  Viael- 
lia  (Cod.  9.  tit  21)  punished  thoae  fireedmen,  who 
aued  for  a  public  office  without  having  the  jua 
annoli  aurel  In  many  caaes  a  libertua  might 
through  the  jua  annuli  become  an  equea,  if  he  had 
the  requisite  cenaua,  and  the  princepa  allowed  it ; 
but  the  annulus  itaelf  no  longer  included  thia 
honour.  Thia  difference  in  the  character  of  the 
annulua  appeara  to  be  clear  alao  from  the  fisict,  that 
women  received  the  jua  annuli  (Dig.  40.  tit  10. 
a.  4),  and  that  Alexander  Severua,  though  he 
allowed  all  hia  aoldiera  to  wear  the  gold  ring, 
yet  did  not  admit  any  freedmen  among  the  equitea. 
(Lfunprid.  AL  Seo,  9.)  The  condition  of  a  libertua 
who  had  received  the  jua  annuli  waa  in  the  main 
aa  follows :  —  Hadrian  had  laid  down  the  general 
maxim,  that  he  ahould  be  regarded  as  an  ingenuua, 
aalvo  jure  patroni,  (Dig.  40.  tit  10.  a.  6.)  The 
patronua  had  also  to  give  hia  oonaent  to  hia  freed- 
man accepting  the  jua  annuli,  and  Commodua  took 
the  annulus  away  from  thoae  who  had  received  it 
without  this  conaent  (Dig.  40.  tit  1 0.  a.  8.)  Henee 
a  libertua  with  the  annulua  might  be  tortured,  if^ 
e.^.  hia  patron  died  an  unnatural  death,  aa  in  caae 
of  auch  a  libertua  dying,  hia  patron  might  ancceed 
to  his  property.  The  fireedman  had  thus  during 
his  lifetime  only  an  imago  libertatis,  he  was  a 
quasi  ingenuua  but  had  not  the  atatiu  of  an  in- 
genuua (Cod.  6.  tit  8.  a.  2  ;  Dig.  40.  tit  10.  a.  5), 
and  he  died  quaai  libertua.  In  the  reign  of  Jua* 
tinian  these  distinctiona  were  done  away  with. 
Isidorua  (xix  32)  ia  probably  alluding  to  the  pe- 


ANNULUa 
riod  preceding  the  reign  of  Jnatinian,  when    hA 
aaya,  that  fi^men  wore  gold,  freedmen    ailTer, 
and  slaves  iron  rings. 

The  practical  porpoaea,  for  which  rings,  or  laLther 
the  figuiea  engraved  upon  them,  were  used  «t  all 
timea,  were  the  aame  aa  thoae  for  which  wre  iu« 
oar  aeala.     Beaidea  thia,  however,  persona,   ^whcn 
they  left  their  houaea,  oaed  to  aeal  up  such  parts 
aa  contained  atorea  or  valuable  thinga*  in  order  to 
lecure  them  from  thievea,  especially  alares.    (Plat 
de  Ltg.  xil  p.  954  ;    Ariatoph.  TVaaMtpA.   414, 
&&  ;   Plant  Ca$,  il  1.  1  ;  Cic.  ad  Fmmu  xiri.  26, 
de  OroL  il  61  ;  Mart  ix.  88.)  The  ring  of  a  Ro- 
man emperor  waa  a  kind  of  atate-aeal,  and  Uie  em- 
peror aometimea  allowed  the  nae  of  it  to    such 
peraona  aa  he  wiahed  to  be  regarded  as  hia  repre- 
aentadvea.    (Dion  Caaa.  Ixvi  2.)    The  keeping  of 
the  imperial  aeal-ring  waa  entruated  to  an  especial 
officer  (csns  atinmU,  Juat  HiaL,  xliil  5).       The 
signs  engraved  npon  rings  were  veiy  variooa,  as  we 
may  judge  from  the  apecimena  atill  extant :    they 
were  portraita  of  anceatora,  or  frienda,  aabjects  oon- 
nected  with  the  mythology,  or  the  wonhip  of  the 
goda  ;  and  in  many  caaea  a  peraon  had  engraved 
upon  hia  aeal  aymbolical  alluaiona  to  the  real  or 
mythical  hiatory  of  hia  fomily.     (Cic  m  QmHL  iii. 
5  ;  Val  Max.  lil  5.  1 ;  Cic.  ds  FmOK  v.  1 ;  Saet. 
TUk  BS.  GSi   Plin.   H.  N.  il    7,  &c)       Sulla 
thoa  wore  a  ring  with  a  gem,  on  which  Jngnrtha 
waa  repreaented  at  the  moment  he  waa   made 
priaoner.     (Plin.  H,  AT.  xxxvil  4 ;  Plot  A/or.  1 0.) 
Pompey  oaed  a  ring  on  which  three  trophies  'v^ere 
repreaented  (Dion  Caaa.  xliil  18),  and  Angustns 
at  first  aealed  with  a  i|»hinx  afkerwaids  with  a 
portrait  of  Alexander  the  Great,  and  at  last  with 
hia  own  portrait,  which  waa  anbaeqaently  done  bj 
aeveral  emperora.     (Plin.  ff.  N.  xxxvil  4  ;  Suet 
Ji^.  60 ;  Dion  Caaa.  11  8  ;  Spartkn.  Ifadr.  26.) 
The  principal  value  of  a  ring  oonaisted  in  the  gem 
framed  in  it,  or  rather  in  the  worfcmsnahip  of  the 
engraver.    The  atone  moat  freqnently  used    -was 
the  onyx  (trof^wos,  cafMwO,  on  aeeoont  of  its 
various  coloura,  of  which  the  artiata  made   the 
moat  akilfril  uae.    In  the  art  of  engraving  figuzres 
upon  gema,  the  ancienta  in  point  of  beauty  and 
execution  for  anrpaaa  every  tiling  in  thia  depart- 
ment that  modem  timea  can  boaat  oL    The  ring 
itaelf  (fr^eyS^ny),  in  which  the  gem  waa  aet,  -was 
likewiae  in  many  caaea  of  beautiful  worfcmanahip. 
The  part  of  the  ring  which  contained  the  gem  was 
called  pala.     In  Greece  we  find  that  aome  persons 
fond  of  ahow  naed  to  wear  hollow  rings,  the  inaide 
of  which  waa  filled  up  with  a  leaa  valuable  snb- 
atanoe.     (Artemid.  L  e.) 

With  the  increaaing  love  of  luxury  and  ahow, 
the  Romans,  aa  well  aa  the  Qreeka,  covered  their 
fingera  with  ringa.  Some  peraona  alao  wore  rings 
of  immoderate  aiae,  and  others  uaed  different  ringa 
for  aummer  and  winter.  (Qninctil  xl  8  ;  Jut.  i. 
28  :  Mart  xl  59,  xiv.  123.) 

Much  Bupeistition  appeara  to  have  been  con- 
nected with  ringa  in  ancient  aa  well  aa  in  more 
modem  timea ;  but  thia  aeema  to  have  been  the 
caae  in  the  Eaat  and  in  Greece  more  than  at  Rome. 
Some  peraona  made  it  a  lucrative  trade  to  acll 
ringa,  which  were  believed  to  poaaeaa  magic  powers, 
and  to  preserve  thoae  who  wore  them  from  external 
dangers.  Such  peraona  are  Endanraa  in  Aristo- 
phanes (PluL  883,  with  the  Schol.),  and  Phertatna 
in  Antiphanea  (ap.  Aiken,  iil  p.  123).  These 
rings  were  for  the  moat  part  worn  by  the  lower 


ANTAE. 

diMa^  ad  tha  not  made  of  oofdy  matend,  aa  may 
b«  ufaxed  froa  ^  price  (one  dnduna)  in  tlie  two 
iaiftaeei  alwve  lefeixed  ta  There  are  eerend 
edekntod  rnge  with  magic  powen»  meotioiied 
bf  the  aaeieBl  writeia,  aa  that  of  O jgca  which 
k  find  in  a  gia%«  (Plat  de  Re^M.  li  p. 
a5a,&c:  Plin.  J^.  M  TTTTii.  4),  that  of  Chari- 
dern  {Hdiod.  AtUL  tr.  8),  and  the  iron  ruw  of 
EBcstet  (iMOUk^PkUopm,  17).  Compare  Bedceiv 
a«aK  ToL  ii  pL  S98,  &C. ;  Kirehmann,  ds  ila- 
Htt,  Sk^  1657  ;  P.  Bazmann,  de  «/iwv  ^an»- 
fara^UIbmjectUM.  [L.SL] 

ANNUS    [CAi.KNDAJun]c.] 

ANQUISITIO.     [Jituxz.] 

ANSATAB  HASTA£.    [Hasta.]  ^ 

ANTAE  (vi^pwTdScs),  were  originaUy  poets  or 
pi&Bi  iaokng  a  doorway.  (Festna,  «. «.  ^ntat.) 
TIcj  wen  of  a  aqvare  form,  and  are,  in  fiict,  to  he 
Rfnded  father  as  atnngtliened  tenninatkma  of 
tk  eaOi  than  ai  piOan  affixed  to  them.  There 
ii  M  cktf  catt  ef  the  application  of  the  word  to 
4etxkd  aqnne  piDaza,  althoogh  Nonins  ezplaina 
itirf  fMd^ee&aMoe  (1.  §  124). 

The  dief  aw  of  ambm  waa  in  that  fonn  of 
ti^fe,  which  waa  called,  firam  them,  m  oa^at  (ra^f 
h  w^nrrhn\  which  VitniTiaa  (iii  1.  a,  2  §  2, 
S^)  daiGrihea  aa  havii^  in  front,  antae  attached 
t»  tie  waOa  which  endooed  the  oeDa  ;  and  in  the 
aiddle,  between  the  antae,  two  ooiomna  aapporting 
t^ar^itiavc.  The mina  of  templea, eoneaponding 
ti  die  dfaription  of  Vitrawina,  are  fonnd  in  Greece 
mA  hm  Miaar  ;  and  we  here  exhibit  aa  a  neci- 
MB  a  lealoiation  of  the  £ront  of  the  temple  of 
Anaii  Fnpylaea,  at  Eleosia,  together  with  a 
pbatfthefronaoa: 


^^A»i 


BfB,  tie  eeOa,  or  pa6s. 


Vitranaa  ghres  the  ibUowing  mlea  for  a  temple 
«  e^  of  the  Doric  order :  —  The  breadth  ahoold 
bebdf  the  length  ;  fiye-eightha  of  the  length  ahould 
^  oeenped  )^  the  eeOa,  indnding  ita  front  walla, 
^  icnaiiung  three-eiriitha  bj  the  pixmaoi  or 
pwtiee  I  the  oatae  ahoold  be  of  the  aame  thickneaa 


ANTBPIXA.  97 

aa  the  eolmana ;  in  the  mtereoIoBuiialiena  there 
ahould  be  a  maiUe  faahistrade,  or  aome  other  kind 
of  railing,  with  gatea  m  it ;  if  the  breadth  of  the 
portico  exoeeda  forty  feet,  there  ahoold  be  anoiber 
pair  of  eohimna  behind  thoae  between  the  cnrftM, 
and  a  little  thinner  than  they  ;  beaidea  other  and 
minor  detaila.  (Vitmr.  iy.  4.) 

In  the  pure  Greek  architecture,  the  amtae  have 
no  other  capitala  than  a  aacoeaaion  of  aimple  moold- 
inga,  aometimea  onmmented  with  leaves  and  an- 
besqnca,  and  no  baaea,  or  reiy  aimple  onea  ;  it  ia 
only  in  the  later  (Roman)  atyle,  that  they  have 
capitala  and  baaea  reaembling  thoae  of  the  oolumna 
between  them.  The  antae  were  generally  of  the 
•ame  thidueaa  thnaighont ;  the  only  inatanoe  of 
their  tapering  ia  in  one  of  the  templea  of  Paeatuni. 

In  a  Greek  priTate  hooae  the  entrance  wu 
flanked  by  a  pair  of  antae  with  no  colunma  be- 
tween them  ;  and  the  apace  thua  encloaed  wu  itaelf 
called  wo^currdf.  (VitniT.  tL  10.  a.  7.  f  1.  8chn.) 
So  alao  Euripidea  naea  the  term  to  denote  either 
the  pronaoa  of  a  temple  (IpL  m  Tour.  1 126),  or 
the  veatibole  of  a  palace.    (Pkoem.  415.) 

The  following  are  the  chief  of  the  other  paaaagea 
in  which  onftia  or  wapaardits  are  mentioned :  — 
Eoripi  Androm.  1 121,  where  Topuordios  itp€/»mffrJL 
aignifiea  the  aima  aoapended  from  one  of  the  omtas 
of  the  temple  ;  Cratin.  Dioayi.  Fr.  9,  <9».  PoUme. 
vii.  122,  X.  25,  Meineke,  Fr.  Com.  Graee.  vol.  ii 
p.  42  ;  Xen.  Him-,  xi.  2 :  Hero,  Auiom.  ^  269 ; 
InteripL  ap.  GnOer.  p.  207.  See  alao  Stieglitz, 
ArekiUogie  der  BaJttmtt^  vol.  i  pp.  236—242. 
[Tbmplum.]  [P.  S.] 

ANTEAMBULO'NES,  were  akrea  who  were 
accnatomed  to  go  before  their  maater^  in  order  to 
make  way  for  them  through  the  crowd.  (Suet 
Vetp.  2.)  They  uaually  called  oat  date  loemm 
<2oNtMo  MMo ;  and  if  thia  were  not  aofBcient  to 
dear  the  way,  they  need  their  handa  and  elbowa 
for  that  parpoae.  Pliny  relatea  an  amnaing  tale  of 
an  individual  who  waa  ronghly  handl^  by  a 
Roman  Imight,  becauae  hia  akve  had  preaumed  to 
tooch  the  latter,  in  order  to  make  way  for  hia 
maater.  (Ep.  iii.  14.)  The  term  amtetMmbulome§ 
waa  alao  given  to  the  clienta,  who  were  accnatomed 
to  walk  before  their  patrani  when  the  latter  ap- 
peared in  public.     (Martial,  il  18,  iii  7,  x.  74.) 

ANTECESSO'RES,  called  alao  ANTECUR- 
SO'RES,  were  horae-aoldieca,  who  were  accnatomed 
to  precede  an  army  on  the  march,  in  order  to  chooae 
a  auitaUe  place  for  the  camp^  and  to  make  the 
neceaaaiy  proviaiona  for  the  army.  They  were  not 
merely  acouta,  like  the  tpeeulataret,  (Hirt  BelL 
Afr,  12,  who  apeaka  of  yaeafatorea  ti  omiBoetaortB 
equkn;  Snet  VikO.  17  ;  Caeai  B.  O.  r.  47.) 
Thia  name  waa  alao  given  to  the  teachera  of  the 
Roman  law.     (Cod.  I  tit.  17.  a.  2.  f  9.  11.) 

ANTECOENA  [Cobna.] 
ANTEFIX A,  terra-cottaa,  which  exhibited  va- 
riooa  ornamental  deaigna,  and  were  need  in  archi- 
tecture, to  cover  the  frieze  (zo!p4orMf )  or  cornice 
of  the  entablature.  (Featna,  &  v.)  Theae  term- 
oottaa  do  not  appear  to  have  been  uaed  among  the 
Greeka,  but  were  probably  Etrnrian  in  their  origin, 
and  were  thence  taken  for  the  decoration  of  Roman 
buildings. 

The  name  ani^Un  ia  evidently  derived  from  the 
circumatance  that  they  were  Jiaed  before  the 
buildinga  which  they  adorned  ;  and  in  many  in- 
stancea  they  have  been  found  foatened  to  the 
frieae  with  leaden  naila.  They  were  formed  in 
H 


98 


ANTEFIXA. 


mooldfl,  and  then  baked  by  fire  ;  so  that  the  num- 
ber of  them  might  be  increased  to  any  extent 
Of  the  great  Tariety  and  ezquinte  beauty  of  the 
workmanship,  the  reader  may  best  form  an  idea  by 
mspecting  tne  collection  of  them  in  the  British 
Museum. 

The  two  imperfect  antefiza,  here  represented, 
are  among  those  found  at  VeUetri,  and  described 
by  Carbni     (Roma,  1785.) 


The  first  of  them  must  have  formed  part  of  the 
upper  border  of  the  firieKe,  or  rather  of  the  cornice. 
It  contains  a  panther^s  head,  designed  to  serve  as  a 
spout  for  the  rain-water  to  pass  through  in  de- 
scending from  the  roof.  Similar  antefixa,  but  with 
comic  masks  instead  of  animals*  heads,  adorned 
the  temple  of  Isis  at  Pompeii.  The  second  of  the 
above  specimens  represents  two  men  who  have  a 
dispute,  and  who  come  before  the  sceptre-bearing 
kings,  or  judges,  to  have  their  cause  decided.  The 
style  of  this  bas-relief  indicates  its  high  antiquity, 
and,  at  the  same  time,  proves  that  the  Volsci  had 
attained  to  considerable  taste  in  their  architecture. 
Their  antefixa  are  remarkable  for  being  painted : 
the  ground  of  that  here  represented  is  blue  ;  the 
hair  of  the  six  men  is  black,  or  brown  ;  their  flesh 
red  ;  their  garments  white,  yellow,  and  red :  the 
chairs  are  white.  The  two  holes  may  be  observed, 
by  which  this  slab  was  fixed  upon  the  building. 

Cato  the  Censor  complained  that  the  Romans  of 
his  time  began  to  despise  ornaments  of  this  de- 
scription, and  to  prefer  the  marble  frieaee  of 
Athens  and  Corinth.  (Liv.  xxxiv.  4.)  The  rising 
taste  which  Cato  deplored  may  account  for  the  su- 


ANTIDOSIS. 

perior  beauty  of  the  antefixa  preserved  in  the  Bri- 
tish  Museum,  which  were  discovered  at  Rome.  A 
specimen  of  them  is  given  at  the  foot  of  the  pre- 
ceding column  It  represents  Athena  snperintoid- 
ing  the  oonstmction  of  die  ship  Argo.  The  man 
with  the  hammer  and  chisel  is  Argus,  who  bvdlt  tbe 
vessel  under  her  direction.  Ths  pilot  Tiphys  is 
assisted  by  her  in  attaching  the  sou  to  the  yard. 
Another  specimen  of  the  antefixa  is  giTen  under 
the  article  Anttz. 

ANTENNA.    [Navm.] 

ANTEPAGMENTA,  doorposts,  the  jambs  of 
a  door.  Vitrurius  (ir.  6.)  gives  minute  instmc- 
tions  respecting  the  fonn  'and  proportions  of  the 
antepagmenta  in  the  doors  of  temples ;  and  these 
are  found  in  general  to  correspond  with  the  ex- 
amples preserved  among  the  lemams  of  Oredan 
architecture.  (See  Hirt,  Baukmut  muh  den  Grtmd- 
i'dtzen  dm-  AUimj  xvi.)     [Janua.]  [J.  Y.j 

ANTEPILA'NI.    [ExBRcrrus.] 

ANTESIGNA'NI.    [Exbrcitub.] 

ANTESTA'RI.    fAcTia] 

ANTHESPHO'RIA  (Mtf^6pia\  a  flower- 
festival,  principally  celebrated  in  fi^y,  in  honoar 
of  Demeter  and  Penephone,  in  eommoBoration  of 
the  return  of  Persephone  to  her  mother  in  the  be- 
ginning of  spring.  It  consbted  in  nthering  flowers 
and  twining  garlands,  becaose  Penephone  had 
been  carried  off  by  Pluto  while  engaged  in  this 
occupation.  (Pollux,  L  87.)  Strabo  (vL  p.256) 
relates  that  at  Hipponium  the  women  celebrated  a 
shnilar  festival  in  honour  of  Demeter,  which  was 
]»obably  called  anthesphoria,  since  it  was  derived 
firom  Sicily.  The  women  themselves  gathered  tbe 
flowers  for  the  garlands  which  they  wore  on  the 
occasion,  and  it  would  have  been  a  disgrace  to  buy 
the  flowen  for  that  poipose.  Anthesphoria  were 
also  solemnized  in  honour  of  other  deities,  especi- 
ally in  honour  of  Hera,  sumamed  'ApdUa^  at  Aigos 
(Pans,  il  22.  §  1),  where  maidens,  carrying  baakeu 
filled  with  flowers,  went  in  procession,  whilst  a  tune 
called  UpdKioy  was  pkyed  on  the  flute.  (Comp. 
Etym,  Cfud,  p.  57.)  Aphrodite,  too,  was  wor- 
shipped at  Cnossus,  under  the  name  ^Ai^ia 
(Hesych.  s.  v.),  and  has  therefore  been  oompa^^d 
with  Flora,  the  Roman  deity,  as  the  anthesphoria 
have  been  with  the  Roman  festival  of  the  Phri- 
/ertum,  or  FUmdia,  [L.  S.] 

ANTHESTE'RIA-    [Dionysia.] 

ANTI'DOSIS  (&yr(9o<nf),  in  iU  literal  and 
general  meaning,  '^an  exchange,**  was,  in  the 
language  of  the  Attic  courts,  peculiarly  applied  to 
proceedings  under  a  law  which  is  said  to  have  ori- 

g'nated  with  Solon.  TDemosth.  c  Pkamipp,  init.) 
y  this,  a  citizen  nonunated  to  perform  a  leituigia, 
such  as  a  trierarehy  or  choregia,  or  to  rank  among 
the  property-tax  payers  in  a  class  disproportioned 
to  his  means,  was  empowered  to  call  upon  any 
qualified  person  not  so  charged  to  take  the  office 
in  his  stead,  or  submit  <o  a  complete  exchange  of 
property  —  the  chaige  in  question,  of  course,  at- 
taching to  the  first  party,  if  the  exchange  were 
finally  eflfected.  For  these  proceedings  the  courts 
were  opened  at  a  stated  time  evccy  year  by  the 
magistrates  that  had  official  cognizance  of  the 
particular  subject ;  such  as  the  strategi  in  cases  of 
trierarehy  and  rating  to  the  property-taxes,  and 
the  arehon  in  those  of  choregia  ;  and  to  the  tri- 
bunal of  such  an  officer,  it  was  the  first  st»  of  the 
challenger  to  summon  his  opponent  (Dem.  e. 
I  Phaenijjp,  p.  1040  ;  Meier,  Att,  Prooest,  ^  471  j 


ANTIOOKEIA. 


ANTIGBAPHE. 


99 


Tim  clr  hrrSUvm,  LynM  *Tv^^ 
p.  74S.y      It  my  be  pEMnmed 
thift  he  tka  fcnBaSj  repcAtod  kis  piDponl,  vad 
t]bM  tht  other  fntj  atetcd  hit  objectioiia^  wiuch, 
if  obritniw   ■ffirwiit  in  law,  might,  pwhapi, 
aaihame  ue  mvgiatiate  to  diflnin  the  case ;  if 
otbawia^  the  legal  xeaistanoe,  and  ppepantiona 
ht  hri^gii^  the  canae  beibra  the  dicaata,  would 
rnXMEtiSj  htffn  hoe.     In  the  hOter  case,  or  if  the 
rnhimgs  vere  accepted,   the  kw  dizeeted  the 
rhiTJpngfr  to  repair  to  the  honaes  and  hmds  of  his 
aBt^giwJrtjaad  aecuie  hxmael^aa  all  the  chums  and 
liahStiesofthaeBlate  were  to  be  txans£eRed,  from 
frirwinif  f  iiiM  I  Hill  II  a  nil  III  of  the  nal  pioperty,  by 
obaori^g  what  mortgage  phcards  (Vm),  if  any, 
vcvefixftl  upon  it,  and  against  chmdestine  lemointl 
gf  the  other  elfecta,  by  seiding  np  the  chambeiB  that 
cBataiwd  them,  and,  if  he  pleased,  by  puttiog 
b«£&  B  the    WBiswn.       (bom.  &  Piaem^ 
ppi  IMO,  IMl.)     His  opponent  was,  at  the  same 
time,  iwiwiwd^  that  he  was  at  liber^  to  deal  in 
like  manwr  with  the  estate  of  the  chaDenger, 
a^  leeeived  notke  to  attend  the  pn^wr  tribmial 
(D  a  fixed  day,  to  take  the  nsoal  eath.    The 
eBtries  hoe  deacnbed  seem,  in  contempfattion  of 
lav,  to  have  been  «  eom^ete  efiSBetaation  of  the 
cacha^CL    (Den.   e.  Mid,  p.  540,  &  Phamupp, 
p  1041.  %&\  and  if  does  not  appear  that  primarily 
thoe  wBi  any  Ic^^al  necearity  frr  a  further  latifi- 
eatimi  by  the  diasts  ;  but,  in  practioe,  this  most 
always  have  beesi  reqniied  by  the  conflict  of 
tween   the  parties      The  next  pro> 
the  oath,  which  was  taken  by  both 
l^and  paipottled  that  they  woold  fiuthfolly 
V  all  their  pcoperty,  except  shares  held  in 
the  aSvar  saiiieB  at  Lanrion ;  for  these  wen  not 
xaied  to  leiftBigiae  er  property-taxes,  nor  conse- 
yeatfy  hnhie  to  the  exdmnge.    Inpomaaceof 
this  agnenent,  the  law  enjoined  that  they  should 
pirhaiy  esnreek  afcwmtaef  their  respectiTe  assets 
(AaefasnMs)  within  three  days ;  bat  in  pnctiee 
the  tane  B%kt  be  extended  by  the  consent  of  the 
^sfio^v.    After  ihis,  if  the  mstter  were  still 
BsusiywaisfMl,  it  woald  assame  the  shape  and 
Uew  the  eoerse  of  an  ordinary  lawantt  [Dica'], 
■der  the  cendnct  of  the  magistnto  with^  whose 
jcrisdictiBBt  it  had  onginaUy  eome.   The  verdict  of 
the  dieasfts,  when  adverse  to  the  dmUeaged,  seems 
nccsiy  to  have  rendered  imperative  the  first  de- 
aaad  of  his  antagonist^  vi&  that  he  should  sabmit 
i»  the  rgrhaiy  er  imdertake  the  charge  in  qncs- 
taa ;  and  as  ue  altenmtive  was  open  to  the  fonncf^ 
sad  a  ^■■^■■■■■if  might  be  acceded  to  by  the  bit- 
t^  at  any  stage  of  the  proceedings,  we  aiay  iniier 
that  the  cxelmnge  was  rarely,  if  erei^  finally  ac- 
Ths  iricsomeness,  however,  ef  the  se- 
dating which  the  litigant  was  pre- 
i  the  SM  of  his  own  property,  and  die- 
bringing  actions  fir  embenlenient  and 
the  like  against  ouers  (fiv  his  prospective  reim- 
IwiwiiMiil  waa  reckoned  a  part  of  thie  seqnes- 
talad  estate,  Dem.  &  Afkob,  il  pw  841,  e.  Mid, 
f.  540),  woidd  invariably  cause  a  speedy,  perhaps, 
a  most  esses,  a  ftir  adjostment  of  the  bordens 
iaddeni  to  the  condition  of  a  wealthy  Athenian. 
(BSdch,  PM.  Bern.  <f  JAsm,  pp.  580—583, 
Siided.)  [J.&M.] 

ANTIGONEIA  (^brfy^Mia),  sacrifices  insti- 
tated  by  Aratns  and  celebrated  at  Sicyon  with 
MeessioBs,  and  contests,  in  honour  of 
Dwan,  with  whom  Amtos  fi>rmed  an 


ths  purpose  of  thwarting  the  plans  of 
(PkuOsos    •'  ^     ~  ■  - 


alliinfti  fiir  ths  i 

Cleomenes.     (PlnuOioak  16,  AroL,  45  ;'  Polyh. 

xxviil  16,  XXX.  20.)  [L.  a  J 

ANTIORAPUE'  (arriypet^X  oriainany  sig- 
nified  the  writii^  pat  in  b^  the  defendant,  in  all 
canse^  whether  paUtc  or  pnvate,  in  answer  to  the 
indictment  or  faul  of  the  nrosecutor.  From  this 
signification,  it  was  applied  by  an  ea^  transition 
to  the  substance  as  well  as  tlie  form  out  the  reply, 
both  of  which  are  also  indicated  by  irrwyioo'k, 
which  Bieana,  orimarily,  the  oath  conoboiatiqg  the 
statement  of  tne  aocoaed.  Harpociatinn  has  re- 
nuuked  that  OHtigrapk^  might  denote,  as  antomosia 
does  in  its  more  extended  application,  the  bill  and 
affidavit  of  either  party  ;  vul  this  remsrk  seems 
to  be  justified  by  a  passi^je  of  Plato.  {Apoiog, 
Soc  p.  27.  c)  iSfhftmann,  however,  maintains 
(AU,  Prooettf  p.  465)  that  amiMgn^  was  only 
used  in  this  stgnification  in  the  case  of  pctaoos 
who  laid  daim  to  an  unassigaed  inheritance. 
Here,  neither  the  fixst  nor  amy  other  claimant 
could  appear  in  the  chamcter  of  a  prosecntor ; 
that  is,  no  Siaif  or  tyicAmia  oould  be  strictly  said 
to  be  directed  by  one  competitor  against  another, 
when  aU  came  forward  volontarilv  to  the  tribunal 
to  defend  their  several  titles.  This  cinumstsnoe 
Schdmann  has  suggested  as  a  reason  why  the 
docaments  of  each  Hsimant  were  denoted  by  the 
teixn  in  question. 

Perhaps  the  word  **  plea,*  though  by  no  means 
a  coincident  term,  may  be  allowed  to  be  a  tolerably 
proximate  rendering  of  antigraphe.  Of  pleas  there 
can  be  ooly  two  kinds,  the  dilaUay,  and  thoee  to 
ths  action.  The  fiamcr,  in  Attic  law,  comprehends 
all  such  alkgations  as,  by  ssscrtinff  the  incom- 
petency of  the  oonrt,  the  disabilitv  of  the  pUintifi; 
or  privilege  of  the  defendant,  and  the  like,  would 
have  a  tendency  to  show  that  the  cause  in  ito 
present  state  could  not  be  brought  into  court  (jtk 
ciffoTufyi/ior  cZirau  riiw  llmiir)  ;  the  huter,  every- 
thing that  could  be  adduced  by  way  of  denial,  ex- 
cuse, justification,  aud  defence  ^neraUy.  It  must 
be^  at  the  same  time,  kept  in  mmd,  that  the  process 
caUed  **  special  pleadii^,**  was  at  Athens  sapplied 
by  the  magistrate  holdmg  the  anacriais,  at  which 
both  parties  produced  their  aIl<^tioQs,  with  the 
evidaDoe  to  substantiate  them ;  and  that  the 
object  of  this  part  of  the  proceeding  was,  under 
the  directions,  and  with  the  assistance  of  the 
magistrate,  to  prepare  and  enucleate  the  question 
for  the  dicasts.  The  fbUowing  is  an  instance  of 
the  simplest  form  of  indictment  and  plaa:  — 
**ApoUodoros,  the  son  of  Pasion  of  Acharoae^ 
against  Stephanos,  son  of  Menedes  of  Achamae, 
for  perjury.  The  penalty  rated,  a  talent  Ste- 
phanas bore  fidse  witness  against  me,  when  he 
gave  in  evidence  the  matters  in  the  tablets.  Ste- 
phanus,  son  of  Menedes  of  Achamae.  I  witnessed 
truly,  when  I  gave  in  evidence  the  things  in  the 
tablet"*  (Dem.M^to9Mtlpilll5.)  The  plead- 
ings might  be  altered  during  the  anacriais ;  but 
once  consigned  to  the  echinus,  they,  as  well  aa 
all  the  other  accompanying  documen1ai|  were  pro- 
tected by  the  official  seid  from  any  dumge  by  the 
UtignntL  On  the  day  of  trial,and  in  the  presence 
of  the  dicasts,  the  echinus  was  opened,  and  the 
plea  was  then  read  by  the  deriL  of  the  court,  togo- 
theff  with  iU  antagonist  biU.  Whether  it  was 
preserved  afterwards  as  a  public  record,  which  we 
know  to  have  been  the  case  wHh  reflect  to  th^ 
ypt^  in  some  Ciiasea»  we  are  not  informed* 
H  2 


too  ANTLIA. 

From  what  has  been  already  stated,  it  will 
have  been  observed,  that  questions  requiring  a  pre- 
vious decision,  would  frequently  arise  upon  the  al- 
legations of  the  plea  ;  and  that  the  plea  to  the  ac- 
tion in  particular  would  often  contain  matter  that 
would  tend  essentially  to  alter,  and,  in  sonie  cases, 
to  reverse  the  relative  positions  of  the  parties.  In 
the  first  case,  a  trial  before  the  dicasts  would  be 
granted  by  the  magistrate  whenever  he  was  loth 
to  incur  the  responsibility  of  decision  ;  in  the  se- 
cond, a  cross-action  might  be  instituted,  and  car- 
ried on  separately,  though,  perhaps,  simultaneously 
with  the  original  suit  Cases  would  also  some- 
times occur  in  which  the  defendant,  from  oonsider- 
iilg  the  indictment  as  an  unwarrantable  aggres- 
sion, or,  perhaps,  one  best  repelled  by  attack,  would 
be  tempted  to  retaliate  upon  some  delinquency  of 
his  opponent,  utterly  unconnected  with  the  cause 
in  hand,  and  to  diis  he  would  be,  in  most  cases, 
able  to  resort  An  instance  of  each  kmd  will  be 
briefly  given,  by  citing  the  common paroffraphiy  as 
a  cause  arising  upon  a  dilatory  plea  ;  a  cross-action 
for  assault  (cuicfas)  upon  a  primary  action  for  the 
same  (Dem.  th  Ev,  et  Mnesib.  p.  1153)  ;  and  a 
^KifjuuriOf  or  ^judicial  examination  of  the  life  or 
morals  **  of  an  orator  upon  an  impeachment  for 
misconduct  in  an  embassy  (irapee^p€<ri€ia).  (Aesch. 
tn  Timarak.)  All  causes  of  this  secondary  nature 
(and  there  was  hardly  one  of  any  kind  cognisable 
by  the  Attic  courts,  that  might  not  occasionally 
rank  among  them)  were,  when  viewed  in  their 
relation  with  the  primary  action,  comprehended 
by  the  enlarged  signification  of  antigraphiy  or,  in 
other  words,  this  term,  inexpressive  of  form  or 
substance,  is  indicative  of  a  repellent  or  retaliative 
quality,  that  might  be  incidental  to  a  great  variety 
of  causes.  The  distmction,  however,  that  is  im- 
plied by  (miigraphi^  was  not  merely  verbal  and 
unsubstantial ;  for  we  are  told,  in  order  to  prevent 
frivolous  suits  on  the  one  hand,  and  unfidr  elusion 
upon  the  other,  the  loser  in  aparagraphij  or  cross- 
action  upon  a  private  suit,  was  condemned  by  a 
spccdal  law  to  pay  the  hrwSfXloy  rateable  upon  the 
^valuation  of  the  main  cause,  if  he  &Oed  to  obtain 
the  votes  of  one-fifth  of  the  jury,'  and  certain 
court  fees  (irpvrayud)  not  briflinally  incident  to 
the  suit  That  there  was  a  smiilar  provision  in 
public  causes,  we  may  presume  fitnn  analogy, 
though  we  have  no  authority  to  determine  the 
matter.  (Meier,  i<^^.  Prooess,  pi  625.)  [J.S.M.] 

ANTIGRAPHEIS  (iuniypouf>^7s),     [Gram- 

MATBU&] 

ANTINOEIA  (iun-ty^ia),  annual  festivals  and 
quinquennial  games,  which  the  Roman  emperor 
Hadrian  instituted  in  honour  of  his  fovourite^ 
Antinous,  after  he  was  drowned  in  the  NOe,  or, 
according  to  others,  had  sacrificed  himself  for  his 
sovereign,  in  a  fit  of  religious  fimaticism.  The 
festivals  were  celebrated  in  Bithynia,  and  at  Man- 
tineia,  in  which  places  he  was  worshipped  as  a 
god.  (Spartian.  Hadricm^  c  14  ;  Dion  Cass. 
Lrix.  10  ;  Pans.  viii.  9.  §  4.)  [L.  S.] 

ANTIPHERNA  (AKrr^pva).     [Dos.] 

ANTIQUA'RII.    [Libraril] 

A'NTLIA  (jkmXiii)^  any  machine  for  raising 
water ;  a  pmnp.  The  annexed  figure  shows  a 
machine  which  is  still  used  on  the  river  Eissach 
in  the  Tyrol,  the  ancient  Atagis.  As  the  current 
puts  the  wheel  in  motion,  the  jars  on  its  margin 
are  successively  immersed  and  filled  with  water. 
When  they  reach  the  top,  the  water  is  aent  into 


.  ANTLIA-      • 

a  trough,  from' which  it  is  conveyed  to  a  distance, 
and  chiefly  used  for  irrigation. 

Lucretius  (v.  517)  mentions  a  machine  con- 
tmcted  on  this  principle :  —  ^  Ut  fluvios  vctssre 
rotas  atque  haustra  videmus.** 


In  situations  where  the  water  was  at  rest,  a«  in 
a  pond  or  a  well,  or  where  the  current  was  too 
sbw  and  feeble  to  put  the  machine  in  motion,  it 
was  constructed  so  as  to  be  wrooght  by  animal 
force,  and  slaves  or  criminals  were  commonly  em- 
plojed  for  the  purpose  (cIs  krrXlwf  KoraiuM' 
trOriyu,  Artemid.  Onmne.  i.  50 ;  m  emUiam  eom- 
denmare^  Suet  T3>,  51.)  Five  such  machines  are 
described  by  Vitruvius,  in  addition  to  thatwhidi  has 
been  already  explained,  and  which,  as  he  observes, 
was  turned  nns  operaman  caloatura^  ipmmjimmmu 
impuUu,  These  five  were,  1.  the  tympanum  ;  a 
tread- wheel,  wrought  homMut  ealemUffmt .-  2.  a 
wheel  resembling  toat  in  the  preceding  figure  ;  but 
having,  instead  of  pots,  wooden  boxes  or  backets 
(modioli  quadrali\  so  arranged  as  to  form  steps  for 
those  who  trod  the  wheel :  S.  the  chain-pump : 
4.  the  cochlea,  or  Archimedes*  screw :  and  5.  the 
detSbiea  mooitso,  or  forcing-pamp.  (Vitruv.  z. 
4 — ^7;  Drieberg;  P^teitm,  ErfimUuigm  der  Grieeken, 
p.  44— >60.) 

On  the  other  hand,  the  antlia  with  which  Mar- 
tial (iz.  19)  watered  his  garden,  was  probably  the 
pole  and  bucket  univernlly  employed  in  Italy, 
Greece,  and  Egypt  The  pole  is  curved,  as  shown 
in  the  annexed  figure ;  beomse  it  is  the  stem  of  a 


—  i ..m::^^  - 


APATURIA.' 

ir,  or  iDBe  other  tspering  tree.  The  biidLet,  lieing 
muaAei  to  the  ti^  of  the  tree,  benda  it  by  its 
we%ht ;  and  the  thJAnfw  of  the  other  extremity 
Miiu  as  ft  coontenoise.  The  great  antMiiuty  of 
ths  aetkod  d  nomig  water  it  prored  by  lepre- 
■nrtaliMi  of  it  m  ^yptian  paintingt.  ( WiDuii- 
aoD,  Mammn.  amd  OaL  of  Ame,  Eggjpiy  il  1 — I  ; 
Ke  abo  i>£GL  d^Embmo^  tqL  L  p.  257.)  [J.  Y.] 
ANTOMCySIA   iiarrmtuirla).      [Anakrisis, 

p.  92;  a;  PAKAGlULPBt.] 

ANTTX  (IbrvC  probably  allied  etymologically 
to  ^awCX  the  rim  or  border  of  any  thins,  espe- 
daBy  of  aahield,orchaxiot  The  rim  of  tM  huge 
xvaad  ihidd  of  the  ancient  Oredu  was  thinner 
shaa  the  part  which  it  endoaed.  Thos  the  oma- 
Bntal  border  of  the  shield  of  Achilles,  fid>ricated 
by  Hephaestna,  was  only  threefold,  the  shield  itself 
beiag  serealbld.  (/Z.  rviiL  479  ;  comp.  xz.  275.) 
See  fiaaipJirs  of  the  am^  of  a  shield  in  woodcuts 
to  AyranzA,  Akm a,  Clipbu& 

Ob  the  odier  hand,  the  antyx  of  a  chariot  most 
have  been  thicker  than  the  body  to  which  it  was 
attired,  and  to  which  it  gave  botii  fonn  and 
ittragtii.  For  the  same  r»>ason,  it  was  often  made 
daabk,  as  in  the  chariot  of  Hera.  (Aoiol  84  ircpi- 
9f»im  brvyds  cl^c,  IL  t.  728.)  It  rose  in  front 
cf  a  chariot  in  a  curred  fonn,  on  which  the  reins 
m^  be  fauB^  (JL  t.  262,  322.)  A  simple  form 
flf  It  is  exhibited  in  the  annexed  woodcat  from  the 


APATUBIA- 


lei 


-v^  of  CarlonL      Sometimes  antyx  is  nsed  to 
B^:aify  the  chariot  itself.  [J.  Y.] 

APA'GELI  iim^fuot).  [A«ELA.] 
APAGCGE  (fanarywy^).  [Endbixis.] 
APATU'RIA  {knr46pui\  was  a  political  festi- 
Tsl,  which  the  AUienians  had  in  common  with  all 
the  Gre^s  of  the  Ionian  name  (Herod,  i.  U7X 
-wkk  the  exception  of  those  of  Colophon  and 
EphesiH.  It  was  odebrated  in  the  month  of 
Ptaaepaian,  and  lasted  for  three  days.  The  on- 
gm  of  this  festival  is  related  in  the  following  man- 
aer: — About  the  year  1100  B.C.,  the  Athenians 
weie  carrying  on  a  war  against  the  Boeotians,  con- 
eemmg  tiie  district  of  Cihwnae,  or,  according  to 
othen,  respecting  the  little  town  of  Oenoe. 
The  Boeotian  Xanthraa,  or  Xanthus,  challenged 
Thymoctea,  king  of  Auica,  to  smgle  combat ; 
ud  when  he  lefiised,  Melanthus,  a  Messenian 
exile  of  the  honse  of  the  NelidS|  oflfered  himself 
to  fight  for  Thymoetea,  on  condition  that,  if  ric- 
tonm,  he  shookl  be  the  soccessw  to  Thymoetes. 
The  sffer  was  aeeepted  ;  and  when  Xanthius  and 
MdanthoB  began  the  engagement,  there  appeared 
beUnd  Xanthias  a  man  in  the  rpayri^xhe  skm  of  a 
hiaek  she-goat.  Mehmthos  reminded  his  adyersary 
that  hfr  was  vkdating  the;bwi  of  single  combat  by 


baring  a  companion,  and  while  Xanthios  looked 
aroond,  MeJanthos  slew  the  dteewed  Xanthins, 
Fiom  that  time,  the  Athenians  cdebrated  two  fes- 
tirala,  the  Apabiria,  and  that  of  Dionysus  Melan- 
aegis,  who  was  beliered  to  hare  been  the  man 
who  appeared  behind  Xanthins.  -This  is  the  story 
related  by  the  Scholiast  on  Aristophanes.  (Aekorm, 
146.)  This  tradition  has  ^Ten  rise  to  a  folse  ety- 
mology of  the  name  ^hraroi^pia,  which  was  formeiiy 
considered  to  be  derhrad  from  &awrar,  to  dooeiTe. 
All  modem  critics,  howcTer  (MOUer,  JDorioM,  L 
5.  4 ;  Wetcker,ilasdlyC  TViL  pL288),agree  that  the 
name  is  composed  of  «=:■  fya,  and  a-ar^ia,  which  is 
perfectly  consistent  with  what  Xenophon  (/fettos. 
I  7.  §  8)  says  of  the  fostiral :  *Er  oTs  {iantrwpUts) 
tH  Tc  warfyts  md  oi  ov>7«yf<s  ^^wt  ofi^uf 
tdn-M.  According  to  this  deriTStion,  it  is  the 
festival  at  which  the  phiatriae  met,  to  discuss  and 
settle  their  o«n  affidrs.  But,  as  every  citisen  was 
a  member  of  a  phiatria,  the  festival  extended 
over  the  whole  nation,  who  assembled  oooordti^  to 
pkratriae,  Wekker  {Amkamg  x.  TViloff.  p.  200X 
on  account  of  the  prominent  part  which  Dionysus 
takes  in  the  legend  respecting  the  origin  of  the 
Attic  Apatnria,  conceives  that  it  arose  from  the 
drcnmstance  that  fomilies  belonging  to  the  Dio- 
nysiaa  tribe  of  the  Aegioores  had  been  registered 
among  the  citiaens. 

The  first  day  of  the  festival,  which  probably  fell 
on  the  elevenUi  of  the  month  of  Pyanepsion,  was 
called  Soprio,  or  S^prcia  ( Athen.  iv,  p.  1 7 1 ;  Hesych. 
and  Suid.  «.  o.)  ;  on  which  eveiy  citisen  went  in 
the  evening  to  the  phiatrium,  or  to  the  house  of 
some  wealthy  member  of  his  own  phiatria,  and 
there  enjoyed  the  supper  prepared  for  him.  (Aris- 
toph.  AcAaru.  146.)  That  the  cup-bearers  {oM^ 
wrai)  were  not  i<Ue  on  this  occasion,  may  be  seen 
from  Photius  (Lexic  s.  v.  AofnrtaX, 

The  second  day  was  called  ia^^wu  (&m^ 
^^ly)  from  the  sacrifice  offered  on  this  day  to 
Zeus,  somamed  *^piost  and  to  Athena,  and 
sometimes  to  Dionysus  Melanaegis.  This  was  a 
state  sacrifice,  m  which  all  citisens  took  part  The 
day  was  chiefly  devoted  to  the  gods,  and  to  it 
must,  perh^M,  be  confined  what  Harpocmtion  (s. 
V.  AofjLirds)  mentions,  firom  the  Atthis  of  Istrus, 
that  the  Athenians  at  the  apaturia  used  to  dress 
splendidly,  kindle  torches  on  the  altar  of  Hephae- 
stus^ and  sacrifice  and  sinff  in  honour  of  him. 
Proclus  on  Plato  (7\«n.  p.  21.  &),  in  opposition  to 
all  other  authorities,  calls  the  first  day  ol  the  Apa- 
turia iy^iMTif,  and  the  second  Soprio,  which  is, 
perhaps,  nothing  more  than  a  slip  of  his  pen. 

On  the  third  day,  called  icovpcwrir  {Kovpos\ 
children  bom  in  that  year,  in  the  fomilies  of  (he 
phratriae,  or  such  as  were  not  yet  registered,  were 
taken  by  their  fethers,  or  in  their  absenee  by  their 
representatives  (ic^yMoi),  before  the  assembled 
members  of  the  phiatria.  For  every  child  a 
sheep  or  goat  was  sacrificed.  The  rictim  waa 
called  ftcibr,  and  he  who  sacrificed  it  fitueytoy6s 
(/icwToryf  cr).  It  is  said  that  the  victim  was  not 
allowed  to  be  below  (Harpocratt  Suid.  Phot  t.  v. 
Mcfby),  or,  accordinff  to  Pollux  (iii  52),  above,  a 
certain  weight  Whenever  any  one  thought  he 
had  reason  to  oppose  the  reception  of  the  chUd 
into  the  phiatria,  he  stated  the  case,  and,  at  the 
same  time,  led  away  the  victim  firom  the  altar. 
(Demoeth.  c  MaoarL  p.  1054.)  If  the  menn 
bers  of  the  phiatria  found  the  objections  to  the 
leoeption  of  the  child  to  be  sufficient,  the  vio- 
H  3 


ion 


APEX. 


tim  was  lemoTed ;  when  no  objections  were 
laued,  the  &ther,  or  he  who  taDplied  hii  place, 
was  obliged  to  eetabliah  by  oath  that  die  child  waa 
the  oflbpring  of  free-bom  parenta,  and  dtizena  of 
Athena.  ( Isaeni,  IM  ffaencL  dnm.  p.  100.  fil9 ; 
Demoath.  &  EtAuL  p.  131 5.)  After  the  Tictim 
was  ncrifioed,  the  phnlores  gave  their  Totea, 
which  they  took  from  the  altar  of  Jupiter  Phia- 
triiu.  When  the  majority  Yoted  agamat  the  re- 
ception, the  canae  might  be  tried  berore  one  of  the 
coorta  of  Athens ;  and  if  the  daima  of  the  child 
were  fbond  unobjectionable,  ita  name,  aa  well  as 
that  of  the  father,  was  entered  in  the  register  of 
the  phratria,  and  those  who  had  wished  to  effect 
the  ezelosion  of  the  child  were  liable  to  be  panished. 
(Demosth.  o.  Maeart.  p.  1078.)  Then  followed 
the  distribution  of  wine,  and  of  the  victim,  of 
which  eveiy  phrator  receiTod  his  share ;  and  poems 
were  recited  by  the  elder  hopy  aq^  a  prise  was 
giren  to  him  who  acquitted  himself  the  best  on  the 
occasion.  (Pkt  TUm.  p.  21,  &.)  On  this  day,  also^ 
illegitimate  children  on  whom  the  privileges  of 
Athenian  citiaens  were  to  be  bestowed,  as  well  as 
children  adopted  by  citiaens,  and  newly  created 
citizens  were  introdnoed ;  but  the  last,  it  appears, 
could  only  be  received  into  a  phratria  when  they 
nad  previously  been  adopted  by  a  dtisen;  and 
their  children,  when  bom  by  a  mother  who  was 
a  citizen,  had  a  le^timate  chum  to  be  inscribed  in 
the  phratria  of  their  grandfiither,  on  their  mother^ 
side.  (Platner«  Bei^agey  y.  168.)  In  Uter  times, 
however,  the  difficulties  of  beinff  admitted  into  a 
phratria  seem  to  have  been  greatly  diminished. 

Some  writers  have  added  a  fourth  day  to  this 
festival,  under  the  name  of  tvt99a  (Hesych.  «.  v. 
'Airoro^ta :  and  Simplidus  on  AriatoL  Pky»,  iv. 
p.  167.  a.)i  but  this  is  no  pardcuUir  day  of  the 
festival,  for  firi^Sa  signifies  nothing  else  but  a  day 
subsequent  to  any  festival.  (See  Rhunken,  Ad 
Tim,  Leac.  Plat  p.  119.)  [L.  &] 

APAU'LIA.    [Matrimonium.] 

APELEU'THERI(Air€Xe^€poi).    [Libertl] 

APERTA  NAVI&    [NAVxa] 

APEX,  a  cap  worn  by  the  flamines  and  salii  at 
Rome.  The  essential  part  of  the  apex,  to  which 
alone  the  name  properly  belonged,  was  a  pointed 
piece  of  olive-wood,  the  base  of  which  was  sur- 
rounded with  a  lock  of  wool  This  was  worn  on 
the  top  of  the  head,  and  was  held  there  either  by 
fillets  only,  or,  as  was  more  commonly  the  case, 
by  the  aid  of  a  cap,  which  fitted  the  head,  and 
was  also  &stened  by  means  of  two  strings  or  Innds, 
which  were  called  oficMia  (Festns,  •.  v.\  or  of- 
findioet  (Festus,  t.  v.\  though  the  hitter  word  is 
also  interpreted  to  mean  a  kind  of  button,  by 
which  the  strings  were  fastened  under  the  chin. 
(Corap.  Serv.  od  Vify,  Aen,  iL  683,  viil  664,  z. 
270.) 

The  flamines  were  forbidden  by  law  to  go  into 
public,  or  even  into  the  open  air  without  the  apex 
(Oell.  z.  15),  and  hence  we  find  the  ezpression  of 
aUcui  apio&M  dtalem  mponer^  used  as  equivalent  to 
the  appointment  of  a  fliunen  dialis.  (Liv.  vL  41.) 
Sulpicins  was  deprived  of  the  priesthood,  only  be- 
cause the  apez  fell  from  his  head  whilst  he  was 
sacrificing.     (VaL  Max.  i.  1.  §  4.) 

Dionysios  (ii.  70)  describes  the  cap  as  being  of 
a  conical  form.  On  ancient  monuments  we  see  it 
lound  as  well  as  conical.  From  its  various  forms, 
as  shown  on  bas-rdieft  and  on  coins  of  the  Roman 
wmperors,  who  as  priests  were  entitled  to  wear  it^ 


APHRODISIA. 

we  havie  selected  nzlsr  the  annexed  voodeoft.  Tbe 
middle  figure  is  from  a  bas-relief^  diownw  caw  q£ 
the  salii  witli  a  rod  in  his  right  han£  The 
Albogalerusjor  albas  galeroa  wnsawhite  cap  wana 
b^  the  flamen  dialis,  made  of  the  akin  of  a  wliHe 
victim  sacrificed  to  Jufitttf  and  had  the  i^ex 
fiutened  to  it  by  means  of  an  oliye-tw%.  (Featua^ 
«.  V.  albogahnu:  GeU.  z.  1&) 


From  apez  was  formed  the  epithet  c^Mocrtec, 
applied  to  the  flamen  dialis  by  Orid  {FatL  iii. 
197). 

APHLASTON  (<«;i«rroir).    [Navibl] 

APHORMES  DIKE'  (A^pMns  Skn),  was  Um 
action  brought  against  a  banker  or  monej-lender 
(rpcnrt ((n^f),  to  recover  fimds  advanced  for  the 
purpose  of  being  employed  as  bankiqg  capital. 
Though  such  moneys  were  also  styled  vopoKiarmBih 
Kouy  or  depouts,  to  distmguish  them  from  the  pri- 
vate capital  of  the  banker  (^Ua  iupof^)^  there  is 
an  essential  diffierenoe  between  the  actions  ki^op§t^s 
and  Tapeucaratf^icns,  as  the  latter  implied  that  the 
defendant  had  refbsed  to  return  a  depont  intrusted 
to  him,  not  upon  the  condition  of  his  paying  a 
stated  interest  for  its  use,  as  in  the  fbmer  case, 
but  merely  that  it  might  be  safe  in  hia  keeping 
till  the  affiiiiB  of  the  plaintiff  should  enable  him  to 
resume  its  possession  in  security.  [Paeaoata- 
thecb'.]  The  fiormer  action  was  of  the  daas  irp6a 
rufo^  and  came  under  the  jurisdiction  of  the  thesmo- 
thetae.  The  speech  of  Demosthenes  in  behalf  of 
Phonnio  was  made  in  a  wc^erypa^  against  an 
action  of  this  kind.  [J.  a  M.1 

APHRACTU8.    [Navml] 

APHRODI'SIA  CA^tVia),  festivak  eele- 
binted  in  honour  of  Aphrodite,  in  a  great  number 
of  towns  in  Greece,  but  particnlariy  in  tlie  ishmd 
of  Cyprus.  Her  most  andent  temple  was  at  P^»hoa» 
which  was  built  by  ASrias  or  Cinyras,  in  whoae 
fiunily  the  priestly  dignity  was  hereditazy.  (Tadt. 
HiaL  il  S,  AfmaL  ill  62  ;  Mazim.  Tyr.  Sbtm,  83.) 
No  bloody  sacrifices  were  allowed  to  be  ofiered  to 
her,  but  only  piiro  fire,  flowers,  and  incense  (Vifg. 
Am,  i  116)  ;  and  therefiue,  when  Tadtos  {HiaL 
ii  3)  speaks  of  victims,  we  must  dther  snppose, 
with  Ernesti,  that  they  were  killed  merely  that  Uie 
priest  might  inspect  their  mtestine%  or  for  the  pur- 
pose of  affording  a  feast  to  the  persons  present  at 
the  festival  At  all  events,  however,  the  iltar  of 
the  goddess  was  not  allowed  to  be  polluted  with 
the  blood  of  the  victims,  which  were  mortly  he- 
^ts.  Mysteries  were  also  celebrated  at  Pa]dio8 
m  honour  of  Aphrodite ;  and  those  who  weie  ini- 


APOORAPHB. 

Iale4  flfaed  to  thcgoddeas  a  inece  of 
iceemd  m  retnm  a  wwiwire  of  mh  and  a  pSaflua 
1b  theajfrterieatkauKlvai*  they  leeeiYvd  iitttnie- 
tkoi  Ir  T§  t4xp9  iimxucp.  A  Mcond  or  new 
?vfbm  kid  hccB  tmflty  aooordmg  to  tmditioo,  ifter 
ike  T^u  «i^  by  the  Axadkn  Agapenor ;  and, 
■mifiv  to  Stnbo  (sr.  jk.  683X  men  and  women 
fiini«Aff  towns  of  the  idand  aBaemUed  at  New 
f^phoi,  ad  went  m  BDlenm  neeauon  to  Old 
fyMi^afirtaDceof  nctystadja;  and  the  name 
d  the  print  of  Aphrodite^  iykrw^  (fieB7^<^«>, 
Kem  to  have  ari^iinated  in  hk  heading  this  pro* 
coBon.  Aphrodite  was  woiahipped  in  most  towns 
rfCypia^ud  in  other  puts  A  Gneoe^soch  as 
Cythn,  Sputa,  Tbebea,  Elis,  &c  ;  and  thoogh 
Bi  Apfandiaia  ace  mcBtaonad  in  these  ph^ea,  we 
fane  no  nasan  to  donht  their  esistencs  ;  we  find 
tlasi  expfody  BMirtiiaMrd  at  Gooanth  and  Athens, 
vkntlwy  wen  dielly  cdehnited  by  theniunetoas 
pnedtataa  (Athcn.  ziii  pn.  574,  579,  xir.  p^  669.) 
AB0ihv|nst  festival  of  Aphrodite  and  Adonis  to 
Sate  ■  aicntiaBed  by   MnsaeoB.     {Htro  md 

APLUSTRE.    [Nayb.! 
APOCLBTI  {kroKKirr^  [AnroLicuM  Fob- 
Kmk*27.b.]. 

APODECTAE  (Ase»AcrMXthe  ReceiTen,were 
piVie  offieen  at  Athena,  wbo  wcae  intndnoed  by 
CiPirtfwa  k  the  pinee  of  the  ancient  cefaMteCae 
(ntaip^nB).  Tbey  vere  ten  in  number,  one  fer 
oA  tnhs,  and  their  dnty  was  to  receiTO  all  the 
mimtf  toxes  and  distabnte  them  to  the  sqiante 
Inate  «f  te  administzntion,  which  were  enti- 
tled t»  than.  They  aceordingly  kept  listo  of 
ymm  iaddited  to  the  state,  made  entries  of  all 
■mqri  that  wcte  paid  in,  and  ensed  the  names  of 
tkMlaRfioae  ^  liata.  They  had  the  power 
t»  dedds  caases  connected  with  the  snbjecto  undor 
tkk  naaigement ;  tfa«ngh  if  the  matters  in  dis- 
pat  woe  of  imyatmncat  they  woe  obliged  to 
hrbf  them  fcr  deosioai  into  the  ordinsiy  eourts. 
(Pi>an,riS.  97;  Etyonokig.  Ua%.  Harpooat.  Soid. 
BofdL  jLot ;  Aristot.  PitL  vL  8 ;  Dem.  c  Ttmocr, 
|fi75a,7G2  ;  Aeadi.  €.Ckto.  p^  375  ;  BddLh,P«A^ 
&M.  fl^illfeas,  pu  159,  2nd  ed.) 

APOORAPHB'  <terypa^>,  is  literally  **a 
lirt,flrmkler;'*  btttmthe  kt^nage  of  the  Attic 
eavti,  the  tsma  ikMcy^ww  and  kmypdi/^wBtu 
ki  tkee  sepaiato  applications : — 1.  'AaoTpo^ 
aai  mod  k  refierence  to  an  aocnmlion  in  pobttc 
me  partacnkriy  when  then  were  aereral 
I ;  the  denandation,  the  bill  of  indict- 
natt,  sad  eanmeiaiifln  of  the  aoooaed,  would  in 
fin  cms  be  termed  tffMynvifte,  and  difier  but  litde, 
if  «t  ail,  from  the  ordinary  grapkl.  ( Andoc.  dt 
i^  13 ;  Amipb.  ^  Oororf.  783.)  2.1tim- 
{fod  the  making  of  a  soiemn  pntest  or  aseerticm 
khR  simigiatiafte,  to  the  intent  that  it  might  be 
PReored  by  himi,  tffl  it  was  repaired  to  be  given 
iaeriioee.  (Dem.  m  PAmo.  1040.)  3.  It  was 
•  upwififatian  of  property,  aaid  to  bdong  to  the 
*bB,bat  actaaHy  in  the  posaeaaien  of  a  private 
pnm ;  which  specfficaUon  was  made,  with  a  view 
n  te  cmiiiscatifln  of  sach  ptopsity  to  the  state. 

The  bat  ooe  mdy  reqnins  a  more  extended 
QknB&B.  llMn  woald  be  two  oocaaions  upon 
vkch  itwmdd  oeonr;  fitst,  when  a  penon  held 
piUie  popaty  withoot  pwdmse,  as  an  intruder  ; 
tod  eeeoodly,  whm  the  sobstaaoe  of  an  individual 
'   L  in  oonaefBcnoe  of  a  jodi- 


AP0KERUX1& 


IDS 


cial  award,  n  k  the  caae  of  a  dedared  state 
debtor.  If  no  oppoeitioa  wen  oAred,  the  ^po* 
ffnfUJk  would  attam  ito  object,  ander  the  can  of 
the  magistnto  to  a^ose  office  it  was  brongfat ; 
otherwise,  a  pablk  action  aioae^  which  k  ako  de- 
iignated  by  the  some  title. 
In  a  caoae  of  the  fint  kmd,  which  k  aaid 
aome  caies  to  have  ako  borne  the  name  wd9ep 
fx««  tA  xM^mb'*  "•!  it^a,  ravra  afii,  the  claimant 
against  the  atate  had  manly  to  pnve  hk  titk  to 
the  property;  and  with  this  are  amst  ckas  the 
e  of  a  penon  that  impagoad  the  oftogmpkL, 
whenby  the  anbstonre  of  another  was,  or  was  pro- 
posed to  be,  eanfiaeatod,  on  the  graand  that  he  had 
a  kan  by  way  of  mortgage  or  other  reeogniard 


seoarity  imm  a  portion  of  it;  or  that  the  part  m 
qaeation  did  not  m  any  way  belong  to  the  state 
debloc,  or  permn  ao  mulcted.  Thk  kind  of  oppo- 
aition  to  the  apogmpki,  k  illustrated  in  the  apscch 
of  Demosthenes  against  Nicostntua,  m  which  we 
lean  that  AnoDodonis  had  institated  an  apogmfkk 
against  AreUinsfais,  ftr  non-payment  of  a  penalty 
ineamd  in  a  Ibnner  action.  Upoi  thia,  Nice- 
stntos  attacks  the  description  of  tlie  property,  and 
muntaias  that  three  akves  wen  wroQgly  set  down 
m  it  as  beknging  to  Arethaaias,  kr  they  wen  m 
fret  hk  own. 

In  the  aecond  ease,  the  defenee  could  of  coone 
only  pnoeed  i^on  the  alleged  illegality  of  the  former 
peimlty ;  and  of  thk  we  have  an  matanoe  in  the 
speedi  of  Lysiaa»  kr  the  aoidier.  Then  Polyaenas 
had  been  i  omhaiiiied  by  the  gencnk  to  pay  a  fine 
ftr  a  breach  of  disdpline ;  and,  as  he  did  not  pay 
it  within  the  appointed  tiaae,  an  apttgrofki  to  the 
amount  of  the  fine  area  directed  against  him, 
which  he  (nipaaea»  on  the  ground  that  the  fine  iras 
iOegaL  The  oftogrofliJk  might  be  inatituted  by  an 
Athenian  citiaen  ;  but  if  there  were  no  private 
pneeeutor,  it  becmne  the  doty  of  the  demarchi  to 
proceed  with  it  officially.  Soeaetimes,  however, 
extraordinsiy  ooonniwionera,  as  the  <niAAir)ft£r  and 
Ci?n?rai,  were  appMUted  for  the  puipooe.  The 
auito  institated  against  the  opo^rap*^  bekngod  to 
the  jurisdiction  of  the  Eleven,  and  for  a  whik  to 
that  of  the  SyndicL  (IIp^  rotiv  ewtticmr  dao- 
Tpo^^  droTipd^wr,  Lycmg.  quoted  by  Haipo- 
cration.)  The  further  conduct  of  theae  csnaes 
would,  of  course,  k  a  great  measure  depoid  upon 
the  ckimant  bong,  or  not  beinc,  in  poaaeaaion 
of  the  proscribed  proper^.  In  &  fiiat  case  the 
dvo>p(U«r,  in  the  aecond  the  ckimant,  would 
appear  in  the  character  of  a  pkintiff.  In  a  caae 
like  that  of  Kicostratns  above  cited,  the  ckinuuit 
would  be  obliged  to  de^it  a  certain  aum,  which 
he  forfeited  if  he  loat  h»  cause  (vcyajearaCaA.^)  ; 
in  sll,  he  would  probably  be  obliged  to  pay  the 
costo  or  court  foes  (v^vreMia)  upon  the  same  con- 
tingency. 

A  private  citken^  who  pnaecuted  an  indivi- 
dual by  means  of  ianr/pa/^  fivfeited  a  thauaand 
drachmae^  if  he  fiuled  to  obtein  the  votes  of  one- 
fifth  of  th^dkasts,  and  reimburMd  the  defendant 
hk  piytaaeia  upon  acquittal.  In  the  former  case, 
too,  he  tiroold  pnbably  incur  a  modified  atimia, 
ue.  a  reatrictkn  from  briaglng  such  actiona  for 
the  fiitnre.  [J.  S.  M.] 

APOKERtXiS  (&lrMV^')«  implies  the 
method  by  Whkh  a  father  eoidd  at  Athena  diaaolve 
the  le|^  sonnection  between  hioDself  and  ku  eon  ; 
but  as  it  k  not  mentioned  by  any  of  the  oraton 
or  the  ^der  writon,  it  could  nrely  have  taken 
H  4 


104 


APOPHORA. 


place.  Aeoording  to  the  author  of  the  declama- 
tion on  the  subject  (^A90Kfipvrr6furo§),  which  has 
generally  been  attributed  to  Ludan,  substantial 
reasons  were  required  to  insure  the  ratification  of 
such  extraordinary  severity.  Those  suggested  in 
the  treatise  referred  to  are,  deficiency  in  filial 
attention,  riotous  living,  and  profligacy  generally. 
A  subsequent  act  of  pardon  might  annul  thb 
solemn  rejection ;  but  if  it  were  not  so  avoided, 
the  son  was  denied  by  his  &ther  while  alive,  and 
disinherited  afterwards.  It  does  not,  however, 
appear  that  his  privileges  as  to  his  tribe  or  the 
state  underwent  any  alteration.  The  court  of  the 
archon  must  have  been  that  in  which  causes  of 
this  kind  were  brought  forward,  and  the  rejection 
would  be  completed  and  declared  by  the  voice  of 
the  herald  (dwoietipv^ai).  It  is  probable  that  an 
adoptive  fiither  also  might  resort  to  this  remedy 
against  the  ingratitude  of  a  son.  (Meier,  AtL 
Process,  p.  432,  &c)  [J.  S.  M.] 

APOIiEIPSIS  (&r^Xc4is).  [Divobtium.] 
APOLLINA'RES  LUDI.  [Ludl] 
APOLLO'NIA  CAvoAAniria)  is  the  name  of  a 
propitiatory  festival  solemnixed  at  Sicyon,  in  honour 
of  Apollo  and  Artemis,  of  which  Pausanias  (ii  7. 
§  7)  gives  the  following  account :  —  Apollo  and 
Artemis,  after  the  destruction  of  the  Python,  had 
wished  to  be  purified  at  Sicyon  (Asg^Ma)  ;  but 
being  driven  away  by  a  phantom  (whence  in  after* 
times  a  certain  spot  in  the  town  was  called  ^€os\ 
they  proceeded  to  Carmanos  in  Crete.  Upon  this 
the  inhabitants  of  Sicyon  were  attacked  by  a  pesti- 
lence, and  the  seers  ordered  them  to  appease  the 
deities.  Seven  boys  and  the  same  number  of  girls 
were  ordered  to  go  to  the  river  Sythas,  and  bathe 
in  its  waters  ;  then  to  carry  the  statues  of  the  two 
deities  into  the  temple  of  Peitho,  and  fimm  thence 
back  to  that  of  Apollo.  Similar  rites,  says  Pausa- 
nias, still  continue  to  be  observed  ;  for  at  the  fes- 
tival of  Apollo,  the  boys  go  to  the  river  Sythas, 
and  carry  the  two  deities  into  the  temple  of  Peitho, 
and  thence  back  to  that  of  Apolla 

Although  festivals  under  the  name  of  Apollonia, 
in  honour  of  ApoUo,  are  mentioned  in  no  other 
place,  still  it  is  not  improbable  that  they  existed  un- 
der the  same  name  in  other  towns  of  Greece.  [ L.  S.] 
APOPEMPSIS  (iar6w9fja\ns).  [Divortium.] 
APOPHANSIS,  or  APOPHASIS  (Airrf^or- 
ffis  or  Av^^curts),  was  the  proclamation  of  the  de- 
cision which  the  majority  of  the  judges  came  to  at 
the  end  of  a  trial,  and  was  thus  also  used  to  signify 
the  day  on  which  the  trial  took  place.  (D^  e. 
Euerget,  p.  1 1 63 ;  Lex  Rhetor,  p.  210.)  The  woid 
was  also  employed  to  indicate  the  account  of  a 
pcrson^s  property,  which  was  obliged  to  be  given 
when  an  aniidosis  was  demanded.  [Antidosis.] 
APOTHORA  (Aro^oyxi),  which  properlymeans 
**  produce  or  profit  **  of  any  kind,  was  used  at 
Athens  to  signify  the  profit  which  accrued  to  mas- 
ters firom  their  slaves.  It  thus  signified  the  sum 
which  slaves  paid  to  their  masters  when  they  la- 
boured on  their  own  account,  and  the  sum  which 
masters  received  when  they  let  out  their  slaves  on 
hire  either  for  the  mines  or  any  other  kind  of 
labour,  and  also  the  money  which  was  paid  by  the 
state  for  the  use  of  the  shivet  who  served  in  the 
fleet  (Dem.  c  Aphob.  i.  p.  819,  e.  Nioottr,  p. 
1253  ;  Andoc.  DeMyster,  p.  19  ;  Xen.  Rep,  Atk, 
i.  11 ;  B()ckh,  PM,  Boom.  o/AtUns,  p.  72, 2nd  ed.) 
The  term  <yM^akora  was  alio  applied  to  the  money 
which  was  paid  by  the  allied  itatet  to  Sparta,  for 


'wliicl 


APOSTOLEia 

the  purpose  of  oanying  on  the  i 
Persians.    When  Athens  acquned  the  i 
these  moneys  were  called  ^fwc    (£ 
p.  396.) 

APOPHORETA  (&m^^pirr»), 
were  given  to  friends  at  the  end  d  an  entertain- 
ment, to  take  home  with  them.  Theae  preMenti 
were  usually  given  on  festival  days,  eapecisdly 
during  the  Saturnalia.  Martial  gtvet  the  title  oi 
ApofSortta  to  the  fourteenth  book  of  his  Epigrama, 
which  oontams  a  number  of  eptgraras  on  the  tfaingi 
usually  given  away  as  t^fopkonia,  (SoeL  V^ap* 
19  ;  CU.  66  ;  Ottm,  76.) 

APOPHRADES  HEMERAI  (awo^prfScs 
4/U^),  unludcy  or  unfortunate  days  (^&n  mfiuHy^ 
on  which  no  public  business,  nor  any  important 
affiurs  of  any  kind,  were  transacted  at  Atbena. 
Such  were  the  hut  three  days  but  one  of  eweij^ 
month,  and  the  twenty-fifth  day  of  tlie  moodh 
Thaigelion,  on  which  the  Plynteiia  weie  cele* 
brated.  (.fii^ni.  Mag,  p.  131  ;  Pint  AleSb.  S4  ; 
Lucian,  Pmidotog.  13.;  SchOmann,  De  Cmmiins, 
^50.)    . 

APORRHETA  (&ira^a),  Htenlfy  <*  things 
forbidden,^  has  two  peculiar,  but  widely  diflferenC, 
acceptations  in  the  Attic  dialect  In  one  of  theae 
it  implies  contraband  goods,  an  enomeration  ol 
which  at  the  different  periods  of  Athenian  hiatorT-, 
is  given  by  Bdckh  (PttbL  Eoom,  cf  AAtms^  p.  53, 
2nd  ed.)  ;  in  the  other,  it  denotes  certain  oontn- 
melious  epithets,  fixmi  the  application  of  which 
both  the  living  and  the  dead  were  protected  by 
special  laws.  (Meier,  AU.  Proosm,  pu  482.) 
Among  these,  h^^ii^wos^  wvcrpaXoUu^  and  fufrpa- 
Xofot  are  certainly  to  be  reckoned  ;  aiid  other 
words,  as  ^(^^oovii,  though  not  forbidden  monti' 
naiim  bv  the  law,  seem  to  have  been  equally 
actionable.  The  penalty  for  using  theae  words 
was  a  fine  of  600  drachmae  (Isoc  m  LodL  p.  396), 
recoverable  in  an  action  for  abusive  language 
(Kcucnyofflas),  It  is  surmised  that  this  fine  was  in- 
curred by  Meidias  in  two  actions  on  the  occasion 
mentioned  by  Demosthenes  (w  Mid.  ppi  640, 643  ; 
see  also  Hudtwalcker,Z>0  DiaeUL  pil60).  [J.S.M.] 

APOSTA'SIOU  DIKE'  (iancratriov  Micif). 
This  is  the  only  private  suit  which  came,  as  for  as 
we  know,  under  the  exclusive  jurisdiction  of  the 
polemarch.  (Aristot  De  Atk,  H^,  quoted  by 
Harpociat)  It  could  be  brought  against  none 
but  a  freedman  (&ire\c^poi),  and  the  only  pro- 
secutor permitted  to  appear  was  the  citixen  to 
whom  he  had  been  indebted  for  his  liberty,  unless 
this  privilege  was  transmitted  to  the  sons  of  each 
former  master.  The  tenor  of  the  accusation  was, 
that  there  had  been  a  defiuilt  in  duty  to  the  pro- 
secutor ;  but  what  attentions  might  be  daimed 
from  the  freedman,  we  ake  not  informed.  It  is 
said,  however,  that  the  greatest  delict  of  this  kind 
was  the  selection  of  a  patron  (vfNNrr^tnis)  othei 
than  the  former  master.  If  convicted,  the  defend- 
ant was  publicly  sold  ;  but  if  acquitted,  the  nn- 
prosperous  connection  ceased  fiir  ever,  and  the 
freedman  was  at  liberty  to  select  any  dtiaen  for 
his  patron.  The  patron  oould  also  summarily 
punish  the  above-mentioned  delinquencies  of  hit 
treedman  by  private  incaroeiation  without  any 
legal  award.  (PetitZ>9.^«ie.  p.261.)  [J.S.M.J 

APOSTOLEIS  {iatwnoKMis\  ten  public  officea 
at  Athens,  whose  duty  it  was  to  see  that  the  ships 
wero  properly  equipiied  and  provided  by  those 
wh<(  were   bound   to  diachaige   the  trienichjb 


iJ'OTHEOSl& 

ing  the  toBonhm  who  neg^tocted  to  fiuniah  the 
ikips  pnpcriy  (Den.  ^re  Cbr.  p.  262)  ;  and  they 
ooQititited  a  board,  in  coBJanctiaii  with  the  in- 
ipedon  of  the  docks  (of  tmt  ptrnfim^  hn/tifk^rmt)^ 
far  tfte  pnneation  of  aD  mtten  lektiiig  to  the 
efdpBCBtofthei^pa.  (Denke.  Aen^.  p.1147  ; 
Uaa,  AIL  Pmem,  p.  112  ;  BSckh,  PM.  Eooiu 

APOTHE'CA  (Jbo04Kv),a  pheemthenpper 
|irt  of  the  hoBK,  hi  which  the  RooBain  fre^neBtly 
flaced  the  eaithen  amphome  in  which  their  wlnea 


APOTHEOSIS. 
aUanee    of 


1«5 


This  placeit  which  was  qnite 
diSefCBft'lnB  the  ceOs  waai'w,  was  aboTO  the 
fiamitm:  mat  it  was  thought  that  the  passage 
if  &  OMke  thraogh  the  edobb  tended  greatly  to 
iaaease  the  flavoar  of  the  wioCL  (Golam.  i  6. 
§  90;  Hoe.  Oarm,  iii.  &  11,  Sot  ii  5.  7,  and 
Hdotef  ^  notab)  The  podtion  of  the  apotheca 
cx{dBSi  the  eipweaisp  in  Uonee  (CbrM.  iiL  21. 
IXlUmmiuiutBi,  (Camp.  BedcoV  ^oAia^  ▼ol- "• 
I.1ML) 

APOTHEO'SIS  (ftntf^Mns),  the  ennfanent  of 
1  witil  anong  the  gods.  The  niTthoIo^  of 
Otetee  ooateina  avmerous  imtancfa  of  the  deifica- 
lioi  flf  Bsrtsb  ;  hot  in  Uie  lepuUican  times  of 
Gneee  ve  find  lew  examples  of  soeh  deifieataott. 
XIk  mhahitBDili  of  Amphipolis,  howerei^  offered 
•ci^ieei  to  Bneidas  after  his  death  (Thnc.  y. 
11) ;  sad  the  people  of  Egeste  boilt  an  Unmm  to 
PhS^pai,  sad  also  offexed  sacrifiees  to  him  on  ac- 
cHBt  sf  Us  pefssnal  beanty.  (Herod,  t.  47.)  In 
tbe  QttA  kngdoma,  which  anse  in  the  East  on 
&  itiManibgiBnut  of  the  empiie  of  AleiandfT,  it 
doeaMtsBpesrtofaave  been  anoommon  for  the  soe- 
cemr  t»  tM  dinne  to  ha;Te  ofloed  divine  hononis 
to  die  faner  soreRign.  Such  an  apotheosis  of 
Pioleqr,  hug  of  Egypt,  k  described  by  Theo- 
(ntu  in  his  17th  IdyL     (See  Gsaauboa's  note  on 

The  tena  apotheoaia,  among  the  Remans,  pio- 
pcrij  rignffied  the  dev^ion  of  a  deceased  emperar 
to  divBie  honoai*.  Thia  pnctiee,  which  wss  com- 
Bon  ipiB  the  death  of  almost  all  the  emperars, 
{  from  theopinioo,  which  was 


with  festiral  and  reUgioas  obsenrances,  is  Tisible 
thiooghont  the  city.  The  body  of  the  dead  they 
honoor  after  hnmaa  ftshion,  with  a  qdendid 
fanersl ;  and  making  a  waxen  ionge  in  all  respects 
resembling  him,  they  expose  it  to  view  in  the 
▼estibnle  of  the  palace,  on  a  lof^  iTflcy  coach  of 
||reat  siae,  s|cead  with  doth  of  gold.  The  figum 
u  made  pallid,  like  a  side  man.  Doriiw  most  ef 
the  day  senaton  ait  ronnd  the  bed  on  the  left  side, 
dothed  in  bkck  ;  and  noUe  women  on  the  ri^t, 
dothed  in  plain  white  gsimenta,  like  monmeia, 
wearing  no  gold  or  neduaceSb  These  eeremoniea 
eontinne  for  seren  days ;  and  the  physicians  seTe> 
rally  approach  the  conch,  and  looking  on  the  sick 


gnoiOy  cDtotained  among  the  Remans,  that  the 
iMb  or  muHs  of  their  aneeston  became  deities ; 
nd  ai  it  was  *^«""«<"  far  children  to  wonhip  the 
naBM  «f  dieir  fiitiben,  so  it  wm  natoral  fior  divine 
humB  to  be  pabBdy  paid  to  a  deceased  emperor, 
vb  aas  rqpuded  as  the  parent  of  his  coontry. 
niispotheosis  of  an  emperor  was  usually  called 
emmaHo;  and  the  emperor  who  received  the 
^onosr  of  an  apotheoois,  wm  said  w  lieoram  ««- 
wnoi  r^eni^  or  eomaeerari.  In  the  eaiiiest  times 
KoBibi  is  mid  to  lusre  been  admitted  to  divme 
bwnt  ander  the  name  of  Qnizinns  (Pint  Bom, 
27,28  ;Liv.  116;  Cic.  (&A^.iL  10)  ;  bat  none 
«f  tfae  other  Reman  kings  appears  to  have  received 
^  boBOBi^  and  in  the  repaUican  times  we  also 
nd  of  BO  instance  of  an  apotheosis.  Jolios  Caesar 
vaa  deified  after  his  deatli^  and  games  were  insti- 
t«cd  to  his  honoor  by  Augostus  (Soet.  JnL  Com. 
tt) ;  sad  ^  ezanple  thus  set  vras  foDowed  in 
^ose  of  the  other  emperors. 

The  cermnnies  obsoved  on  the  occasion  of 
<B  qwtheoM  have  been  minntely  described  by 
Ben^B  (iv.  2)  in  the  fioiDowiDg  passage  :  — 
'It  is  the  castora  of  the  Romans  to  deify  those 
^  tbeir  cmperon  whft  die,  leaving  soeeesson  ; 
9>A  lUi.nie  thqr  call  lyotheoris.     On   this 


man,  my  that  he  grows  worm  and  worm.  And 
when  th^  have  made  believe  that  he  is  dead,  the 
noUeat  of  the  equestrian  and  chosen  yonthe  of  the 
senatorial  orden  take  ap  the  eonch,  and  bear  it 
ahmg  the  Via  Sacra,  and  expow  it  in  the  dd 
fbfnm.  Platfeims  like  steps  are  built  upon  mA 
nde ;  on  one  of  which  stsnds  a  chorus  of  noble 
youths,  and  on  the  opposite,  a  choma  of  women  of 
high  rank;  who  sing  hymns  and  soqgs  of  praise 
to  the  dffwned,  modnkted  in  a  selenm  and  mour» 
fnl  sdaiiL  Aftcnvards  they  bear  the  couch 
through  the  dty  to  the  Campos  llartinB,  m  the 
broadest  part  of  which  a  squan  pile  is  constructed 
entirely  df  logi  of  timber  of  the  hugest  siae,  in  the 
shape  of  a  chamber,  filled  with  ii^8otS|  and  on  the 
outside  adorned  with  hangings  mterwoven  with 
gdd  and  ivory  images  and  pictures.  Upon  this,  a 
similar  but  smaller  chamber  is  buih,  with  open 
doom  and  windows,  and  above  it,  a  third  and 
fourth,  still  dimhiisbiiy  to  the  top,  m  that  one 
miffht  compare  it  to  the  light-houses  which  are 
called  Phari  In  the  i^cond  stoiy  they  place  a 
bed,  and  collect  all  sorts  of  avomatics  and  mcense, 
and  every  ton  of  fragrant  fruit  or  heib  or  juice  ; 
lor  all  dties,  and  nations,  and  peisons  of  eminence 
emulate  each  other  in  contributing  these  last  gifts 
in  honour  of  the  emperor.  And  when  a  vmt  heap 
of  aromatics  b  collected,  there  is  a  procession  of 
horsemen  and  of  chariots  around  the  pile,  with  the 
drivers  dothed  in  robes  of     ~ 


Id  wearing 

masks  made  to  resemble  the  most  distiDgnished 
Roman  generals  and  emperors.  When  all  this  is 
done,  the  others  set  fire  to  it  on  every  side,  which 
easily  catches  hold  of  the  fiiggots  and  aromatics  ; 
and  from  the  highest  and  smallest  story,  as  from 
a  pinimrlf,  an  eag^e  b  let  loose  to  mount  into  the 
sky  as  the  fire  ascends,  which  is  bdieved  by  the 
Romans  to  cany  the  soul  of  the  emperor  from 
earth  to  heaven ;  and  from  that  time  ne  is  wor- 
shipped with  the  other  gods.** 

In  oonfinmity  with  Siis  account,  it  is  common 
to  see  on  medals  struck  in  honour  of  an  apotheosis 
an  altar  vrith  fire  on  it,  and  an  eagle,  the  bird  of 
Jupiter,  taking  flight  into  the  air.  The  number  of 
medals  of  this  dsMnption  is  very  numerous.  We 
can  from  them  medab  alone  trace  the  names  of 
sixty  individuals,  who  received  the  honours  of  an 
apotiieosis,  firom  the  time  of  Julius  Caesar  to  that 
of  Constantino  the  Great  On  most  of  them  the 
word  CoNSBCRATio  oceon,  and  on  some  Greek 
cons  the  word  A«I£PXK;iX  The  following  wood- 
cut b  token  from  an  agate,  which  b  supposed  to 
represent  the  i^otheosb  of  Germanicus.  (Mont- 
foncon.  Ami.  Eiqd,  SuppL  vd.  v.  p.  1S7.)  In  hb 
left  hand  he  holds  the  cornucopia,  and  Victory  b 
placing  a  lanrd  crown  upon  him.  . 


APPELLATIO. 


A  YflTj  nmOar  repmcntittion  to  the  abore  is 
found  OD  the  triumpW  arch  of  TitoB,  on  which 
Titui  ia  represented  as  being  carried  op  to  the 
skies  on  an  eagle.  There  is  a  beantiful  reptesen* 
tation  of  the  apotheosis  of  Angostos  on  an  onjx- 
stone  in  the  Tcjtl  mnseom  of  Paris. 

Many  other  monuments  haTO  come  down  to  as, 
which  represent  an  apotheosis.  Of  these  the  most 
celebrated  is  the  bas-relief  in  the  Townlej  gallery 
In  the  British  Mnseom,  which  represents  the 
apotheosis  of  Homer.  It  is  clearij  of  Roman  work- 
manship, and  is  supposed  to  have  been  exeented  in 
the  time  of  the  Emperor  Chmdins. 

The  wires,  and  other  female  reUuions  of  the 
emperors,  sometimes  receiyed  the  honour  of  an 
apotheosis.  This  was  the  case  with  Livia  Angnsta, 
with  Poppaea  the  wife  of  Nero,  and  with  Faustina 
the  wife  of  Antoninus.  (Suet  CUnuL  11 ;  Dion 
Cass.  zL  5 ;  Tac.  Ann,  xvi.  21 ;  Capitolin.  Anton, 
PkiloB.  26.) 

APPARITO'RES,  the  general  name  for  the 
public  sorrants  of  the  magistrates  at  Rome,  namely, 
the  AocBNsi,  CARmPEX,  Coactorbs,  Inter- 

PRBTBS,LiCT0RB8,Pr  AB0ONB8,  SCRIBAX,  StATOR, 

Strator,  ViATORBfl,  of  whom  an  account  is  ^ren 
in  separate  articles.  They  were  called  mantores 
because  they  were  at  hand  to  execute  tne  com- 
mands of  the  magistmtes  {quod  iU  apparebami  M 
prae$to  erant  ad  olmeqmum^  Serr.  Ad  Virg,  Am,  xii. 
850;  Cic.  pro  CUient.  63;  Liv.  18).  Their 
ierrioe  or  attendance  was  called  apparUw,  (Cic 
ad  Pom,  xiiL  54,  ad  Q^,  Pr,  \.  \.  %  4.)  The 
lerrants  of  the  military  tribunes  were  also  called 
apparitores.  We  read  that  the  Emperor  Severus 
forbade  the  military  tribunes  to  retain  the  appari- 
tores, whom  they  were  accustomed  to  haTo. 
(Lamprid.  Sm^r,  52.) 

Under  the  emperors,  the  apparitores  were  di- 
vided into  numerous  classes,  and  enjoyed  peculiar 
pririleges,  of  which  an  account  is  given  in  Just 
Cod.12.  tit53— 50. 

APPELLA'TIO.  1.  Grbbk  (^>c<rif,  or  Ara- 
ZiKla),  Owing  to  the  constitution  of  the  Athenian 
tribunals,  each  of  which  was  generally  appropriated 
to  its  particular  sub^ts  of  oognisance,  and  therefore 
could  not  be  considered  as  homogeneous  with  cr 
subordinate  to  any  other,  there  was  little  oppor- 
tunity for  bringing  appeals  properly  so  called.  It 
is  to  be  observed  also,  that  in  general  a  cause  was 
finally  and  irrevocably  decided  by  the  verdict  of 
the  dicasts  (Sdciy  o^rorcA^s).  There  were,  how- 
ever, some  exceptions,  in  which  appeals  and  new 
tri^s  might  be  resorted  to. 

A  new  trial  to  annul  the  previous  award  might 


APPELLATia 
be  obtained,  if  the  loser  could  prove  that  it  was 
not  owing  to  his  negligence  that  judgment  had 
gone  by  default,  or  that  the  dicasts  had  been  de- 
ceived by  false  witnesses.  And  upon  the  expul- 
sion of  the  thirty  tyrants,  a  spedal  law  aanuhed 
all  the  judgments  that  had  been  girea  dnriog 
the  usurpation.  (Dem.  e.  Timocr.  pi  718.)  The 
neculior  title  of  the  above-mentioned  ouues  was 
ordSiicot  S^oi,  which  was  also  applied  to  all  causes 
of  which  the  subject-matter  was  by  any  means 
again  submitted  to  the  decision  of  a  oonrt 

An  appeal  from  a  vwdict  of  the  heliasta  was 
allowed  cnly  when  one  of  the  parties  was  a  dtisen 
of  a  foreign  state,  between  which  and  Athens 
an  agreement  existed  as  to  the  method  of 
settling  disputes  between  individuals  of  the  re- 
spective countries  (Bfirac  &r^  o^yrf^^wr).  If  ndi 
a  foreigner  lost  his  cause  at  Athena,  he  was  per- 
mitted to  appeal  to  the  proper  court  in  another 
state,  which  {imtXirros  vdXit)  B«dch,  Sch&naim, 
and  Hudtwalcker  suppose  to  have  been  the  native 
country  of  the  litigant  Pfaitner,  on  the  other 
hand,  arguing  from  the  intention  of  the  regulation, 
via.  to  protect  both  parties  from  the  pnrSality  of 
each  other'fe  feUow-citisens,  contends  that  some 
disinterested  state  would  probably  be  a^ecfted  for 
this  purpose.  The  technical  words  employed  vpoa 
this  occasion  are  ^mcoXciir,  lioraXcMac,  and  ^ 
IkicXirrof,  the  Uist  used  as  a  substantive,  mobably 
by  the  later  writers  only,  for  l^o-ts.  (Harpocr. 
Hudtw.  D9  Diad,  p.  125.)  This  as  well  as  the 
other  cases  of  appeal  are  noticed  by  Pollax  (viiL 
82,  63)  in  the  foUowii^  words: — *"l£^«ris  m 
when  one  tnuisfers  a  cause  from  the  arbitrators 
(Suunrroi),  or  aichons,  or  men  of  the  township 
{^UliAroA)  to  the  dicasts,  or  from  the  senate  to  the 
assembly  of  the  people,  or  from  the  assembly  to  a 
court  (SiiraoT^pcor),  or  from  the  dicasts  to  a  foreign 
tribunal ;  and  thecause  was  then  tenned i^de'i/un. 
Those  suits  were  also  called  ImtXirrw  Kaw.  The 
deposit  staked  in  appeals,  which  we  now  call 
wapa€6\u»^  is  by  Aristotle  styled  'n^oKorJ^ 
The  appeals  from  the  diaetetae  are  generally  men- 
tioned by  Dem.  c  Apkob.  p.  882  ;  c  BoeoL  de 
Date,  pp.  1013,  1017,  1024;  and  Hudtwalcker 
supposes  that  they  were  allowable  ia  all  cases 
except  when  the  fiii  o6ffa  iUcti  was  resorted  to. 

[DlKB.] 

It  is  not  easy  to  determine  upon  what  occaaions 
an  appeal  from  the  archons  could  be  preferred  ;  for 
afWr  the  time  of  Solon  their  power  of  deciding 
causes  had  degenerated  into  the  mere  presidency  of 
a  court  (iry^fUfwia  8uc«OTiyp(ov),  and  the  conduct 
of  the  previous  examination  of  canses  {Mmptcts}, 
It  has  been  also  remarked  (Platner,  Proe,  wmd 
Klag,  vol  I  p.  243),  that  upon  the  plamtiff^  suit 
being  rejected  in  this  previous  examination  as 
unfit  to  be  brought  before  a  court,  he  would  most 
probably  proceed  against  the  archon  in  the  a«sem« 
bly  of  the  people  for  denial  of  justice,  or  would 
wait  till  the  expiration  of  his  year  of  office,  and 
attack  him  when  he  came  to  render  the  account  of 
his  conduct  in  the  magistracy  (vvtf^voi).  (Antiph. 
De  Ckormt  p.  788.)  An  appeal,  however,  from  the 
archons,  as  well  as  from  all  other  effieers,  was  very 
possible  when  they  imposed  a  fine  of  their  own 
authority  and  without  the  sanction  of  a  court ;  and 
it  might  also  take  place  when  the  king  ardion  had 
by  his  sole  voice  made  an  award  of  dues  and  privi* 
leges  (7^)  contested  by  two  priesthoods  or  si 
dotal  races.    {Lm.  Rkeimam^  pp.  219,  ifl.) 


APPBLLATia 
The  ipMlftoB  ike  demolM  would  ocenr,  wlien 
a  poaoK  lutberto  lUmiiiMt  one  of  their  membeiii 


bed  bMn  dadarad  hf  tbemtobean 
■oguMJiicilwn  If  the  appeal  woe  Bwde,  tiM 
dcMae  appeared  by  their  adToeate  aa  plaiiitiil^ 
•ad  the  naah  vaa  t^  leetitutiflnef  thefranchiie, 
cr  Aaieelkwaid  tha  alanty  of  the  delondaiit 

It  wiB  hma  bcea  obeemd,  that  in  the  three 
leit  cHBBi  the  appeal  waa  nade  from  few  or  eingle 
•r  locd  ja4get  to  tlia  heKaeti,  who  wen  eon- 
lidaed  thereptceeBtatrreiof  the  people  or  eooatiy. 
With  nmet  to  the  pRMaedm^noDew  doenments 
iMBi  to  mm  been  added  to  the  eontenti  of  the 
eddnas  ^on  an  appeal  ;  bat  the  aiirriiiit  woold 
be  Mained  aMaUv  to  an  eiamination,  as  fer  ae 
aas  BeenHTf,  of  tliaae  d^miinfuia  which  had  been 
akmdf  pot  in  by  the  HtigaBti. 

Then  ie  aone  obaenri^  reepeetiag  the  twt>  next 
Uaie  eC  appeal  that  an  noticed  bj  PoUnz.  It  ie 
o^eetved  by  SchdMuin  {AU.  /VooeM,  p.  771) 
thtt  the  appeal  fiom  tho  aenale  to  the  people  lefen 
ti  cMee  wUeh  the  loraaer  were  for  variooa  reaeons 

£flMliaed  to  deddo,  and  by  Plataer  (roL  L  pi427X 
dnt  it  oceoned  wlnn  the  aflnate  waa  aocoaed^ 
WfVf  eaeeedfld  ita  poweni 

Upon  the  appeal  frooB  the  aawmbly  to  eooit,  there 
■  aheadiflaemjeofqgimoB  between  the  two  hat- 


{AtL 
^  PL  77 1)  that  the  worda  of  PoUoz  are  to  be 
iffKed  la  a  volontaxy  lefiefence  of  a  caoae  by  the 
mmUtf  to  the  dicaata,  and  Plataer  aoggeating 
tknaUeeaae  of  one  tlint  ineoired  a naejadicinm 
flf  ihe  aawmbly  againat  turn  (vpeCeX^  mn-oxacfo- 
tarfa)  aDaig  npon  a  oanrt  (pusmrripmr)  to  gife 
kn  tha  appmlimiij  of  findimting  hiBBadf  fion  a 
c^9B  that  hia  antagenirt  dedined  to  follow  ap. 
raMrainaappaaaathe  caae  of  a  magiatEate  aom- 
aarily  Itpeeud  by  the  aaaambly,  and  demanding 
topmeUiBaoceneebelbretheheliaata  [J^M.] 
1  BoKAK  Tbe  word  appbllatk^  and  the 
I  verb  lyyaffaw^  an  need  in  the  eariy 
rnten  to  axpruaa  the  a|:plicadon  of  an 
to  a  naipatiate»  and  particakriy  to 


J  ar  threatened  to  be  inflicted.    It 
I  froai  jnveoaaljb,  which  in  the  eariy 
I  to  aignify  an  afpeal  to  the  popolna 
It  would  aeem  that  the 
lyatatia  waa  an"  ancient  li^t  of  the  BeoMn 
^■■k   Tbe  aaniting  Haaatraa,  who  maidered 
■■*  lirta^  appraled    fem  the  dnamviri  to  the 
I'phai   (Lrr.  i  26.)    The  deceaiTiri  took  away 
^  ^nvoatla;  but  it  waa  reatored  by  a  lex  con- 
mi  ^  pnifocataone,  and  it  waa  at  the  aame 
^  aaacted  that  in  foton  no  laagiatnte  ahoold 
y*  aaia  fma  whoaa  there  ahenld  be  no  appeaL 
0«  tkii  Uvy  Cu.  65)  nmaika,  that  the  plebea 
y  »aw  pntocted  by  the  provoeatio  aai  the 
^^^■iaaa  eaaiBaaa/ tlua  latter  tenn  haa  nferenoe 
to  the  Mllatio  praperly  ao  called  (iiL  13.  M). 
^ipw  (Ut.  iii.  66)  applied  (m»tUmmO  to  the 
^^n«» and  when  thia  pndaeadno  effioct,  and 
"*  ^  anarted  by  a  Tiator,  he  i^pealed  (prow>- 
"^   (Seen  {De  OraL  il  48)  i^paan  to  aUade 
"ftamcmbUehnant  of  the  novocatio^  which  ia 
•«»i«ud  kj  Utj  (iiL  66).    The  complete  phiaae 
*• itha 


"^fhnae  which  espieaaea  the  appeiiatio,  la 
iTz"^  ttd  m  the  bter  writen  ^ipeUanad. 
IS!?  ^^  *  penon  midkt  ^pptOan  from  one 
^toaaathcrofeq[a«iank|aad,Qfooazae, 


APPELLATIO.  107 

from  aa  infericr  to  a  anpeiior  magiatnte ;  and  from 
one  tribune  to  another. 

The  appeala  which  haTO  here  been  referred  to^ 
wen  limited  to  criminal  matters  In  ctvil  aoita  there 
waa  not,  and  could  not  be  any  appeal  under  the  re- 
public, for  the  purpoae  of  reriaing  and  altering  a 
dedaion,  for  each  magiatmte  had  power  to  decide 
finally  within  the  limito  of  hia  juriadiction :  and  aa 
a  general  rale,  the  aentcnco  of  a  jadez  could  not 
be  rofened  1^  the  magiatnte  who  appointed  the 

Sdez.  The  only  mode  in  which  a  penon  could 
ive  relief  in  anch  caaea,  waa  by  the  interceaaio 
of  a  anperior  magiatnte,  or  the  appeUatio  of  the 
tribmm  which  would  be  in  the  nature  of  a  atay  of 
execution.  The  In  mUtgnm  laifcYaftu  alao  eziated 
under  the  repuUib 

When  the  anpreme  power  beoama  reated  in  the 
emperan,  the  tenna  proYocado  and  appeUatio  loat 
their  original  aigtiification.  Thua  GMUna  (ir.  14) 
baa  uaed  pronoeatio  for  amllatio.  In  the  Digeat 
(4d.  tit  1.  De  AppeikaioiAM)  pnmwatio  and  ap- 
peUatio are  uaed  indiacriminately,  to  ezpreea  what 
we  caU  an  appeal  in  dril  matten :  but  uoTocatio 
aeema  ao  &r  to  have  retained  ita  original  meaning 
aa  to  be  the  only  teim  need  for  an  appeal  in 
criminal  matten.  The  emperor  centred  m  him* 
aelf  both  the  power  of  the  p^ailaa  and  the  Toto  of 
the  tribnnea ;  but  the  a|ipnl  to  him  waa  properiy 
in  the  laat  reaort  Anguatna  (Sueton.  Octaviaumt^ 
33)  eatabliahed  a  ayatem  of  regular  appeala  from 
lit^ant  paitiea  at  Rome  to  the  Praetor  Urbanu^ 
aa  in  the  proyineea  to  the  goramork  Nero  (Sueton, 
Aero,  17)  enacted  that,  all  appeala  from  prinati 
{TmA'LAmaL  ziv.  28)jiMUdwahould  be  to  theaenate. 
AppeUatio  among  the  later  Roman  jnriata,  then,  n^ 
n^ea  an  application  for  redren  from  the  dedaion 
of  an  infenor  to  a  anperior,  on  the  gnnmd  of  wrong 
dedaion,  or  other  anffident  groim£  According  to 
Ulpian  (1%  49.  tit.  IX  >ppe<d>  wen  common 
among  the  Romana,  ^  on  account  of  the  ii^uatioe 
cr  ignoraaoe  of  thoae  who  had  to  dedde  (/M<fi- 
oonte),  though  aometimea  an  appeal  alten  a  pro- 
per deciaion,  aa  it  ia  not  a  neceaaaiy  conaeqoenoe 
that  he  who  giTea  the  laat  givea  alao  the  beat  deca- 
non.**  Thia  ramaric  muat  be  taken  in  connection 
with  the  Roman  ayatem  of  procedure,  by  which 
aucb  matten  wen  refened  to  a  judex  for  hia  ded* 
aion,  after  the  pleadiaga  had  brought  the  matter 
in  diipate  to  an  iaaue.  From  the  emperor  himaelf 
there  waa,  of  ooune,  no  appeal ;  and  by  a  conatitn- 
tion  of  Hadrian,  there  waa  no  appeal  from  the 
aenate  to  the  emperor.  The  emperor,  in  appoint- 
ing a  judex,  miff ht  exdude  aU  appeal  and  make 
the  dedaion  of  the  judex  finaL  M.  Aurelina  by  a 
reacript  (Diff.  4d.  tit  1.  a  1,  21)  directed  aa  i^ 
peal  from  the  judgment  of  a  judex  to  the  magia- 
trate  who  had  appointed  the  judex.  The  appeal, 
or  UUBm»  appeUiorkUf  ahowed  who  waa  the  ap- 
peUant,  againat  whom  the  appeal  waa,  and  what 
waa  the  judgment  appealed  m>nL 

AppeUatio  alao  meena  to  anmmon  a  party  before 
a  judex,  or  to  call  upon  him  to  peifeim  aomething 
that  he  haa  undertaken  to  do.  {Ck,AdAtt,lB^ 
The  debtor  who  waa  anmmooed  (appdlatut)  by 
hia  creditor,  and  obeyed  the  anmmona,  waa  aaid 
nyoiwfere. 

The  ^ratem  of  appeOationea  aa  eatabliahed  under 
the  empire  waa  of  veiy  extenuve  application,  and 
waa  not  limited  to  matten  of  crimmal  and  dril 
procedure,  A  penon  might  appeal  in  matten  that 
related  to  the  fiacua^  to  penaltiea  and  finea,  and 


108  AQUAEDUCTUS. 

to  civil  blBoet  and  bnideni.  Tbii  ■dbfed  it  fbllj 
treated  by  HoUweg,  H<mdbmch  de$  CimiproM$m$y 
p.  850.  [O.L.] 

APPLICATIO'NIS  JUS.    [Exbiliwm.] 

APROSTA'SIOU  ORAPHE'  (tepcNrroirlotf 
TpcM^),  an  acCioD  frUing  under  the  jnrisdictioB  of 
the  polemarch,  which  was  brought  againtt  thooe 
metoeki,  or  resident  aliens,  who  had  neglected  to 
provide  thenuelyei  with  a  patron  (vpoordrifs). 
This  action  is  stated  to  have  been  also  braoght 
against  those  metoeki,  who  exerdsed  the  rights  of 
fidi  citiiens,  or  did  not  pay  the  /irroUior,  a  tax 
of  twelve  drachmae  exacted  from  resident  aliens  ; 
bnt  Meier  has  remarked  that  this  action  was  only 
applicable  in  such  cases,  provided  that  the  metoeki 
had  no  patron.  (Harpocrat ;  Zonar. ;  Sold,  and 
the  other  grammarians;  Meier,  AU,  Proeus^ 
pu  315,  &c) 

APSIS  or  ABSIS  (&«^fs),  in  its  Uteial  meaning 
from  &rr«,  is  a  fastening  of  any  kind  ;  for  example, 
the  meshes  of  a  net  (Hom. /I  t.  487.)  It  vras  ap- 
plied specially  to  the  joining  together  the  extremities 
of  a  piece  of  wood,  so  as  to  give  it  the  shape  of  a 
bow ;  and  hence  it  came  to  signify  anything  of 
that  shape,  sach  as  a  bow,  an  axth,  or  a  wheeL 
(Hes.  Qp.  424  ;  Herod.  It.  72.)  A  potter'fe  wheel 
is  described,  in  the  Anthology,  as  k^kXos  &^i8os. 
The  next  transition  of  meaning  is  to  anything 
vaulted  (for  example,  i^  AirovpoyUi  ia^ts,  eA«  wxmH 
of  iMoea,  Pkt  Phaedr.  p.  247,  b.)  ;  and  in  this 
sense  it  was  adopted  in  architectore,  first,  for  any 
building  or  portion  of  a  building  of  a  circular  form, 
or  vaulted  (Plin.  E^oitL  il  17.  §  18),  and  more 
especially  for  the  drcohtf  and  vaulted  end  of  a 
Basilica.  (Paul  NoL  JE^.  12 ;  Au^in,  Ep,  203 ; 
laid.  Orig.  xv.  8.)  For  other  applications  of  it,  all 
with  the  general  meaning  of  a  vault  or  curve,  see 
Forcellinl  [P.  S.] 

AQUAEDUCTUS  (Mpa7<«#y(a),  literally,  a 
watezHionduit,  would,  of  course,  properly  describe 
any  channel  for  the  passiige  of  water ;  but  the 
w<nrd  is  used  especially  for  the  magnificent  struc- 
tures by  means  of  which  Rome  and  other  cities 
of  the  Roman  empira  were  supplied  with  water, 
and  which  may  be  described  in  general  terms  as  a 
channel,  constructed  as  nearly  as  possible  with  a 
regular  declivity  from  the  source  whence  the 
water  was  derived  to  the  place  where  it  was  de- 
livered, carried  through  hills  by  means  of  tunnels, 
and  over  valleys  upon  a  substructian  of  solid 
masonry  or  arches. 

The  aqueduct  is  mentioned  by  Strabo  as  among 
the  structures  which  were  neglected  by  the  Greeks, 
and  first  brought  into  use  by  the  Romans  (v. 
p.  235).  It  wiQ  presently  be  seen  that  this  state- 
ment requires  some  slight  modification ;  but,  if 
understood  of  the  grand  structures  we  haye  refened 
to,  it  is  true  enough  that  the  Cheeks  (before  the 
Roman  conquest)  had  none  such,  and  for  the 
obvious  reason,  tJiat  they  had  no  need  of  them. 
There  is  no  occasion  to  discuss  the  possibility  or 
impossibility  of  constructing  aqueducts  without 
arches,  which  is  the  reason  alleged  by  some 
writers  for  their  not  being  used  by  the  Greeks  ; 
there  is  reason  enough  in  the  physical  geography 
of  the  country.  Springs  (icp^nu,  Kfwwol)  were 
sufficiently  abundant  to  supply  the  great  cities 
with  water ;  and  great  attention  vras  paid  to  the 
preservation  and  iSomment  of  them  ;  they  were 
converted  into  public  fountains  by  the  formation  of 
*»  head  for  their  watets,  and  the  erection  of  an 


AQUAEDUCTUa 

onammtai  superstiuctoro ;  and  wer6  dedicated  to 
some  god  or  hero.  Pansanias  (x.  4.  §  I)  ooosidas 
no  place  to  deserve  the  name  of  ob^«  which  has 
not  snch  a  fimntain.  We  are  indebted  to  the 
same  auUior  and  other  Greek  writers  for  acoooots 
of  some  of  the  most  celebrated  fonmtama ;  soeh  as 
that  of  Thea^es,  at  Megan  (Pans.  L  40.  §  1) ; 
those  of  Peirene  and  Lona  at  Corinth,  where 
there  wen  many  other  fiNmtaina,  aa  well  as  li 
Roman  aqueduct  erected  by  Hadrian  (it  3.  §§2, 
3,  5  ;  4.  §  5)  ;  that  in  the  grave  of  Aeacolapius  at 
Epidamvs  (ii  17.  §  5)  ;  and  several  others  (iv.  31, 
32,  34,  viL  5,  21,  viii  13),  of  which  we  need 
only  mention  the  EmuttkromM  at  Athena,  which 
was  constmcted  by  Peisistratus  and  his  aesia,  and 
of  which  Thocydides  records  the  inteieating  fint, 
marking  the  transition  finm  the  natoral  springs  to 
the  artificial  ibantain,  and  showing  the  importance 
attached  even  to  the  former,  that  **•  it  was  called 
CaIlirho({  formerly,  vokm  tke  tgmagt  soerv  vUStk 
((paiftptkf  Twr  wifyair  oAoifir,  Thne.  ii  15  ;  Pans.  L 
14  §  1) :  to  this  enumeration  might  be  added  the 
springs  of  salt-water  in  certain  temples  ;  as  in 
those  of  Erechthens  at  Athens,  and  of  Poseidon 
Hippios  at  Mantineia.    (Pans,  i  26.  §  5,  viiL  10. 

In  these  cases  we  have  no  reason  to  suypuse  that 
there  was  any  thing  more  than  a  fountain  over  or 
dose  to  the  springs,  fbnning  a  head  fisr  the  vrater 
derived,  either  immediately,  or  by  very  short 
channels,  (torn  them.  But  we  are  not  without 
examples  of  constructions  more  nearly  approaching 
the  Roman  aqneducts  in  kind,  though  not  in 
doree.  That  the  Greeks,  at  a  Tery  eariy  period, 
had  some  powers  of  hydrazHc  engUM^n^g  m  snomi 
by  the  drainage  tmmels  of  the  lake  Copeu,  and 
tb«  snnihr  works  of  Phaeax  at  Agrigentum 
[EMI88AUVM]  ;  and  we  have  an  mstance  of  a 
channel  for  water  being  carried  throogk  a  moun- 
tain, to  supply  the  city  of  Samoa.  The  height  of 
the  mountain  was  150  dguiae  (900  Greek  feet) ; 
the  length  of  the  tunnel  was  seven  stadia  (7-8ths 
of  a  RoHDian  mile,  or  about  1420  yards)  ;  its  section 
was  a  square  of  eight  Greek  feet  The  actual 
channel  for  the  water  was  cut  below  this,  and  was, 
if  the  text  is  right,  thirty  Greek  feet  deqn,  and 
three  wide  ;  the  water  passed  through  pipes  {9ik 
irmKfymtf)  from  a  copious  spring,  and  waa  thiis 
brought  to  the  city.  (Herod,  iii.  60.)  MuIIer 
conjectures  that  the  work  was  one  of  those  executed 
by  Polycntes  (ArehBoL  d,  Kumtt^  §  81). 

The  chief  regulations  among  the  Gredu  respect- 
ing fountains  and  springs,  whether  in  town  or 
country,  vrere  the  following:  —  Water  might  be 
fetched  from  the  public  fountains  or  wells  to  a 
distance  of  four  stadia  ;  beyond  this,  persons  must 
dig  their  own  wells ;  but  if  any  one  dug  to  a 
depth  of  ten  or^moB  (or,  according  to  Plato,  M^x^ 
Tfis  MptifttZos  yris)  vrithout  finding  vrater,  he  was 
permitted  to  take  from  his  neighbour^  well  a 
pitcher  of  six  ekoet  twice  a  day  (PlutSof.  23.; 
Plat  Leff,  vilL  p.  844,  a,b). 

The  Romans  were  in  a  very  difierent  position, 
with  respect  to  the  supply  of  water,  firam  most  of 
the  Greek  cities.  They,  at  first,  had  recourse  to 
the  Tiber,  and  to  wells  sunk  in  the  city  ;  but 
the  vrater  obtained  from  those  sources  was  very 
unwholesome,  and  must  soon  have  nroved  insuf- 
ficient, from  the  growth  of  the  popiuation,  to  say 
nothing  of  the  supplies  afterwards  required  for  the 
naumackiae  and  public  bathSb    It  was  this  neees- 


AQUAEDUCrUS. 

mtj  HbA  led  to  die  in^oition  «hf  liqiiedneta,  in 
ads  to  bring  pate  water  from  a  ooniiderable 
dBtuee,  fim  the  hills,  in  ftct,  which  nuroimd  the 
CamgaffUL.  The  date  of  the  fizBt  aqoedaet  ib  as- 
i^gied  bj  Frantiiiiia  to  the  year  A.U.C.  441,  or 
B.C  313  {Dt  Aqmaed.  UrL  Rom.  4,  pu  14,  ed. 
Mb)  ;  nd  the  immlMff  of  aqoedncts  wat  gia- 
dnOj  BMwnwid,  parti j  at  the  ^ablic  expense,  and 
pHtlj  by  the  ■nnifioeiioe  of  inuridoaliytO],  in  the 
oae  of  ProoBpiiiBy  thej  amoanted  to  fourteen ; 
•ai,  even  bcfixe  they  were  all  eieeted,  they  might 
well  eicite  the  adnuradoo  which  Pliny  exnresees 
witfc  mpeet  to  the  Clandiaii  aqnedact,  in  tne  fol- 
kwii^  |Mii«e  (^.  iV:  xzzrt  Ifi.  8. 24) :  — '^  But 
if  ID  J  ane  inll  earelially  calenlatff  the  quantity  of 
the  pohUe  nipply  of  water,  for  baths,  reaerroirs, 
hpoiei,  tfCDches  (ear^'),  gaidenii,  aiid  sabnibaa 
Tflhi ;  ad,  akng  the  distnee  wluch  it  tiavems, 
the  anches  bvih,  the  mountains  pedbiated,  the 
nOeyi  levelled  ;  he  will  eooleis  that  there  never 
wiBythingnoie  wandarfhl  in  the  whole  world.** 
fiot  why  did  the  Rmnans  waste  ao  much 
mmj  and  labonr  on  works,  the  porpoee  of  which 
■igbt  bave  been  effected  mnch  more  edentifically 
bj  the  nimie  plan  of  lining  pipes  along  the 
graaad?  Ot  eoarBe,it  b  eaay  to  giro  the  nnthink- 
bf  aaswer,  that  th^  were  ignorant  of  the  laws  of 
hjdnMaiics,  and  did  not  know  that  water  finds 
iti  tva  level  I  It  is  tnily  marv^ons  that  inch 
a  sbmd  notion  should  erer  haye  been  enter- 
taiaed,  and  yet  it  is  the  conmion  ezpbnation  of 
the  iaet  of  their  hoilding  aqoedneta  instead  of 
Uyiqg  down  water-pipes.  If  it  were  at  all  neoes- 
eeavy  to  prove  that  a  nation,  so  fiir  advanced  in 
cmlintiea  as  the  Bomani,  or  indeed  that  sny  in- 
4ividiial  airived  at  yean  of  diioretion,  had  die- 
nvned  that  water  finds  its  own  krel,  the  proof 
Bight  be  iopplied  from  panagea  in  Latin  anthoTi  ~ 
frm  the  whole  ai 


«(the 


amii^ements  for  the  distribution 
of  the  aqnednct^  and  from  the 


-^ 

'  ^^ 

i 

-J 

«»«.Thei  

^A  The  bann,  made  of  Uodu  of  travertine. 


^  VitfBvina  not  oahr  ezpnesly  states  the  law 
(<^<l,ii5),batdescnbes  one  fonn  of  theaqne- 
te  ia  vhkh  it  was  pnusticaUy  applied  (yiiL  7. 
^^m  wiD  be  aeen  below.  Pliny  alao^  in  de- 
^iUoi^pMHige  of  water  through  pipes,  states 
whvkdMse  very  distinet  teims :  —  *"  SnUt 
isni."    (H.iV;rExl«.i.l>l.) 


AQUAEDUCTUa  109 

very  ezifttenee  of  their  muneronsfoimtains;  asad&- 
cisire  ocular  demonstration,  we  hsTe  given  above  a 
iection  of  one  of  the  many  fountaine  atill  existing 
at  PompeiL  Another  reason  aasigned  for  the 
oonstmction  of  aqueducts  by  the  Romans  is  their 
want  of  the  materials,  and  the  mannfiictnring  skHl, 
to  make  pipes  of  a  sufficient  size ;  combined,  on 
the  other  hand,  with  the  love  of  magnificence  and 
the  ostentatious  disregard  of  expense,  by  which 
the  aichitectoial  woks  of  the  empire  are  cha* 
racteriaed.  Some  weight  should  doubtless  be  as- 
signed to  these  considerations,  although,  in  &ct, 
the  Romans  made  use  of  pipes  as  well  as  aqueducts :  - 
but  the  great  point  is,  that  it  has  been  too  hastily 
assumed  that  tne  aqueduct  it  an  unscientific  mode 
of  conveying  water  to  a  large  dty  from  distant 
sources ;  or  that  it  is  pecuUar  to  the  andents. 
London  itself  is  chiefly  supplied  by  an  aqueduct, 
for  such  is  the  New  River  in  pdndple,  idthongh 
the  coontry  through  which  it  flows  is  such  as  not 
to  require  arches  and  tunnels  like  those  of  the 
Roman  aqueducts ;  and  the  remaric  would  apply  to 
several  other  sreat  dties.  The  whole  matter  is  a 
question  of  the  balance  of  advantages.  On  the 
one  hand  there  is  the  expense  of  the  aqueduct : 
on  the  other,  the  enormous  pipes  which  would  be 
required  for  the  conveyance  of  an  equal  quantity 
of  water,  their  liability  to  get  obstructed,  and  to 
yield  at  the  joints,  the  loss  by  finction,  especially 
in  the  bends,  and  the  unequal  pressure  of  the 
water.  In  fiiet,  the  most  recent  feat  of  engineer- 
ing science  in  this  department  b  exactly  a  return 
to  the  Roman  aqueduct,  which  has  been  preferred 
to  any  other  plan  for  conveying  water  in  large 
quantities  a  considerable  distance,  over  great  in- 
equalities of  flroond:  we  refer  to  the  aqueduct, 
begun  in  1837  and  finished  in  1842,  by  which 
the  vrater  of  the  river  Croton  is  conveyed  a  dis> 
tance  of  forty  miles,  for  the  supply  of  New  York, 
and  which  is  thus  described:  —  ''An  srtificial 
channel,  built  with  square  stones,  supported  on 
solid  masonry,  is  earned  over  valleys,  throngh 
rivers,  under  hills,  on  arehes  and  banks,  or  through 
tunnels  and  bridges,  over  these  fiirty  miles.  Not 
a  pipe,  but  a  sort  of  oondensed  rivei^  arched  over 
to  keep  it  pure  and  safe,  is  made  to  flow  at  the 
rate  of  a  mile  and  a  half  an  hour  towards  New 
York.**  A  more  exact  description  of  an  ancient 
Roman  aqueduct  could  not  easily  be  given.  (See 
IlbutratUm*  of  Ike  CroUm  Aqutdndj  by  F.  B. 
Tower,  1843.) 

The  detailed  description  of  the  anangements  of 
the  aqueduct  vrill  be  better  understood,  afbr  an 
enumeration  of  the  principal  aqueducts  by  which 
water  was  conyeyed  to  Rome  across  the  Cam- 

They  were  fourteen  in  number ;  and  only  four 
of  them  bdong  to  the  time  of  the  republic,  while 
five  were  built  in  Uie  reigns  of  Augustus  and 
daudiua  Our  knowledge  of  the  subject  is  de- 
rived almost  entirely  from  the  treatise  De  Aquae* 
duet&u$  UHn*  Bomae,  1^  S.  Julius  Frontinns,  who 
vras  euraior  aguarmm  (keeper  of  the  aqueducts) 
under  Nerva  and  Tnjan.  It  should  be  observed 
that  the  Aquaeductut  is  often  called  simply  Aqua. 

1.  The  Aqiia  Afpia  vras  begun  by  the  censor 
Appius  CSaudius  Caecns  (to  whom  also  Rome  was 
indebted  for  hsf  first  great  road),  in  B.C.  318.  Its 
sources  vrere  near  the  Via  Pramettinay  between 
the  seventh  and  eighth  milestones,  and  iU  ter- 
minalkn  was  at  thefa<iiia«»  iy  As  Porto  7Vv«"Mfia; 


no  AQUAEDUCTUa. 

Ite  length  was  11,190  poMtus,  for  11^130  of  which 
It  was  earned  under  the  eorth,  and  for  the  remaining 
60  pasMSj  withm  the  city,  from  the  Porta  Capena 
to  Uie  Pwta  Trigemma,  it  was  on  arches.  The 
distribution  of  its  water  began  from  the  CUmu 
JhAHoM.  (Frontin.  6  ;  LiT.  bu  29  ;  Diod.  xx.  36 ; 
Aur.  Vict.  Vir.  IBumL  34,  who  con£oimds  it  with 
the  Awuk)    No  traces  of  it  remain. 

2.  The  Anio  Vetut  was  commenced  fbrtj  years 
later,  &  c.  273,  by  the  censor  M.  Curios  Dentatus, 
and  was  finished  by  M.  Fulvins  Flaccas.  The  ex- 
pense was  defrayed  out  of  the  spoils  taken  from 
Pynhus.  The  water  was  derived  from  the  river 
Anio,  above  Tibur,  at  a  distance  of  twenty  Roman 
miles  from  the  city ;  but,  on  acoouit  of  its  wind- 
inn,  its  actoal  length  was  forty-three  miles,  of 
which  length  less  than  a  quarter  of  a  mile  only 
(namely,  221  paatat)  was  above  the  ground. 
There  are  considerable  remains  of  this  aquednet  on 
the  Anrelian  waU,  near  the  Porta  Maggion,  and 
also  in  the  neighbourhood  of  Tivoli  It  was  built 
of  blocks  of  peperino  stone,  and  the  water-course 
was  lined  with  a  thick  ooating  of  cement  (Front.  6; 
Aur.  Vict  Vir,  JIL  43.) 

8.  The  Aqua  Mania^  one  of  the  most  important 
of  the  whole^  was  built  by  the  praetor  Q.  Marcius 
Rax^  by  command  of  the  senate,  in  B.C.  144. 
The  want  of  a  more  plentifrJ  supply  of  water  bad 
been  long  felt,  especially  as  that  furnished  by  the 
Auio  Vetm  was  of  such  bad  quality  as  to  be  al- 
most unfit  for  drinking ;  and,  in  ikc.  179,  the 
censors,  M.  Aemilius  Lepidus  and  M.  Flaccus 
Nobilior,  had  proposed  the  erection  of  a  new 
aqueduct ;  but  the  scheme  had  been  defeated,  in 
consequence  of  Lidnius  Crsssus  reftising  to  let  it 
be  carried  through  his  lands.  (Liv.  xl.  51.)  The 
two  existing  aqueducts  had  also  fidlen  into  decay 
by  neglect,  and  had  been  much  injured  by  private 
penons  drawiiw  off  the  water  at  different  parts  of 
their  councb  The  senate  therefore  commissioned 
the  praetor  Mardus  to  repair  the  old  aqueducts, 
and  to  build  a  third,  which  was  named  after  him. 
Some  writers  have  pretended  that  the  original 
oonstruetion  of  this  aqueduct  is  to  be  ascribed  to 
Anous  Msreius,  alleging  a  passage  of  Plin^  {H.N, 
xxxL  3.  s.  24),  and  a  medal  of  the  Maieian  gens, 
femily  Philippus,  which  bears  on  the  obverse  a 
head  with  the  legend  Ancvs,  and  on  the  reverse 
a  representation  of  an  aqueduct,  with  the  letters 
Aqvaia  between  the  arches,  supporting  an 
equestrian  statue  with  the  legend  Puillzpfys: 
but  those  who  know  any  thing  of  the  history  of 
Roman  fiunily  records  will  understand  that  this 
medal  bean  no  evidence  to  the  point  in  question, 
and  is  simply  a  perpetuation  of  two  of  the  greatest 
distinctions  of  the  Marda  gmt,  their  alleged  de- 
scent from  Ancus,  and  the  aqueduct  which  bore 
their  name  ;  and  Pliny^  opinion  is  simply  one  of 
his  ludicrous  blunders,  arising  probably  from  his 
confounding  Marcius  Rex  with  the  king  Anous 
Karcius.  (Eckhel,  Z)oo^.  ATwn.  Vet  vol  v.  p.  248.) 


This  aqueduct  commenced  at  the  side  of  the 
Fia   FoMo,  thirty-six  mfles  firom  Rome;    its 


AQUAEDUCrrUS. 

length  was  61,7101faMiis,  of  which  only  7463 
were  above  ground  ;  namely,  528  on  solid  sab- 
structions,  and  6935  on  arches.  It  was  high 
enough  to  supply  water  to  the  summit  of  the 
Capitoline  Mount  It  was  repaired  by  Agrippa 
in  his  aedileship,  ac.  33  (see  below.  No.  5.),  and 
the  volume  of  iu  water  was  increased  by  Au- 
gustus, by  means  of  the  water  of  a  spring  800 
passtu  from  it:  the  short  aqueduct  which  eon- 
veyed  this  water  was  called  the  Aqua  An^uata^ 
but  is  never  enumerated  as  a  distinct  aqueduct 
Pliny  states  that  the  water  of  the  Aqwa  Marda 
was  the  coldest  and  most  wholesome  cf  sJl  which 
was  brought  to  Rome  ;  and  Vitravius  mid  other 
writers  r^er  to  the  excellence  of  the  water  aa  being 
proverbiaL  Several  arches  of  the  Aqua  Marda 
axe  still  standing.  (Frontin.  12  ;  Plin.  if.  A^.  xxxi. 
3.  s.  24,  who  differs  from  Frontinus  in  some  of  the 
details ;  Strab.  v.  p.  240  ;  Vitmv.  viiL  3.  $  I  ; 
Dion  Cass.  xlix.  42 ;  Plut  CorioL  1 ;  Propert.  iiu 
22,  24  ;  Martial  vi.  42.  16  ;  Stat  SUic.  L  5, 
25.) 

4.  The  Aqua  Tqmla^  which  was  built  by  the 
censors  Cn.  Servilins  Caepio  and  L.  Cassias  Lon- 
ginus  in  &  a  127,  began  at  a  spot  in  the  Lucullan 
or  Tuscolan  land,  two  miles  to  the  right  of  the 
tenth  milestone  on  the  ViaLaHaa.  It  was  afiter- 
wards  connected  with 

5.  The  Aqua  Julia,  Am<»g  the  splendid  public 
works  executed  by  Agrippa  in  his  aadileahip, 
B.  a  33,  was  the  formation  of  a  new  aqnedact,aiMi 
the  restoration  of  all  the  old  ones.  From  a  source 
two  miles  to  the  right  of  the  twelfUi  milestone  of 
the  Via  LaHua,  he  constructed  his  aquednet  (the 
Aqua  JuUa)  first  to  the  Aqua  T^pula^  m  which 
it  was  merged  as  for  as  the  reservoir  (jMtema) 
on  the  Via  Latma,  seven  miles  from  Rome. 
From  this  reservoir  the  water  was  carried  along 
two  distinct  channels,  on  the  same  substructions 
(which  were  probably  the  original  substructions 
of  the  Aqua  Tepuia^  newly  restored),  the  lower 
channel  being  called  the  Aqua  Tepda^  and  the 
upper  the  Aqua  JuUa ;  and  this  double  aqueduct 
agam  was  united  with  the  Aoua  Mardoy  over  the 
watercourse  of  which  the  other  two  were  carried. 
The  monument  erected  at  the  junction  of  these 
three  aqueducts,  is  still  to  be  seen  dose  to  the 
Porta  S.  Lorenzo,  It  bears  an  inscription  referring 
to  the  repairs  under  CaracaUa.  (See  the  woodcut 
below,  p.  112.)  The  whole  course  of  the  Aqua 
JuUa^  firom  its  source,  amounted  to  15,426  jmzssms, 
partly  on  massive  substructions,  and  partly  on 
arches.     (Frontin.  8,  9,  19.) 

6.  The  Aqua  Virgo  was  built  by  Agrippa,  to 
supply  his  baths.  From  a  source  in  a  marshy 
spot  by  the  eighth  milestone  on  the  Via  Ck/taHma, 
it  was  conducted  by  a  very  circuitous  route,  chiefly 
under  the  ground,  to  the  M.  PittduSy  whence  it 
was  carried  on  arches  to  the  Cbmpsc  Martius.  lu 
length  was  14,105  pamu,  of  which  12,865  were 
underground ;  in  its  subtenanean  course  it  re- 
ceived the  water  of  numerous  sprim ;  and  its 
water  was  as  highly  esteemed  for  bathing  as  that 
of  the  ^9iia  Afyroia  was  for  drinking.  It  is  ons 
of  the  two  aqueducts  on  the  left  bank  of  the  Tiber, 
which  are  still  in  use,  though  on  amnch-dimimshed 
scale.  (See  below.)  The  oriffin  of  its  name  is 
variously  explained.  (Frontin.  10  ;  Dion  CSsss.  liv. 
11  ;  Plin.  ff,  N,  xxxl  3.  s.25  s  Casmod.  For. 
vii.  6  ;  Ovid,  TritL  iii  12.  22  ;  Martial  v.  20.  9, 
VL  42.  18,  xi.  47.  6.) 


AQUAEDUCTITS. 

7.  Vm  Jfw  jUmimm  (MnetiniM  cdkd  dM 
ifM^M^MfeX  an  Ike  etker  side  qf  the  Tiber, 
ns  uMHlimliiil  hf  Avgiutni  from  the  Laem 
lUOmm  (£^9  A*  Jlf«»«9WBM>),  wUch  ky  6500 
fMvttlheqght  of  the  femteoith  mfleikioe  on  the 
Fm  (3MAa,  te  the  part  of  the  i!!9i»  TVoMtf&rMa 
bd0v  t]»  .faniffat.  Its  length  vae  212,173 
poH^of  vhidi  enlj-  358  nece  oo  aicfaee  ;  end 
ia  e«er  mi  »  had  that  it  eoeld  only  have  been 
iaMaded  fa  the  w^f^  of  Avgnelnsli  JVoaaMMUe, 
udfirealaJByganlaiiL  Ite  nataiuir  wae  1800 
hctldi^  by  1200  vide,    (f^tin.  11.) 

8, 9.  The  t«o  meet  magnifioeBt  aqvedneti  wete 

^Afft^OamiSa  and  the  Amo  Noon  (or  Aipa 

Mifoa  iVbea),  both  cewmffieed  by  Gafigola  in 

1. 1. 3C,  and  finiehed  by  €bHidios  in  ▲.  d.  50. 

Tie  viter  of  theil^aa CftmdM  vae  derived  from  two 

oopiMB  and  esodknt  ifinBge,  called  Cbamfae  and 

IMm,  near  the  thir^-eigfath  mileatone  on  the  Via 

%iMmmm^  and  it  vaa  after  warda  inoeaaed  by  a 

1^  ^nng)  ^fiodoiiM.     Ita  water  waa  reckoned 

i^kat  after  the  ilfaraa.     Ita  length  waa  46,406 

fuat  (aearty  46|  mileB),  of  which  0567  were  on 

ackiL    (K  a  alia  greater  lei^  waa  the  Amo 

jVosy  which  began  at  the  fbrty-aecond  mileatone, 

on  the  FisMfaMaaM,  and  reeeived  in  addition,  at 

^  tluity-cighth  mikaloiie,  oppooite  the  aoureea  of 

tk  J^  OaadM,  a  atream  called  the  Hkm*  H§t- 

whifi.    It  waa  the  kngeat  and  the  higheat  of 

ifltfaeaqnedactB,  ita  length  being  neariy  59  milea 

{3S,7(IO  Tamm\  and    aone  of  ito  arehea  100 

feet  high.    Intiie  neigfabonihood  of  the  dty  theae 

twa  aqaedncta  were  united,  fanning  two  ehannela 

«  tba  warn  anhea,  the  Chmdia  below  and  the 

Am  tkmm  abeve.     An  inteveating  raonmnent 

oBoeded  with  theae  aqaedncta,  ia  the  gate  now 

cifled  Pmto  Maggior^y'  which  waa  originally  a 

mgiifieait  daable  arch,  by  meana  of  which  the 

■fttdact  waa  earned  over  the  Via  Lciikama  and 

the  fis  Aiwaerfuai.     The  Pvrta  Labieam  waa 

UadKd  ^  hy  Henerina  ;  but  the  arch  haa  been 

htdjdeazedeflaabarbaieaaconatnictiona.   Orer 

thi  4oaUe  wtA.  are  three  inaeriptiena,  which  le- 

w4  the  aanea  of  Cfamdiaa  aa  the  boiMer,  and  of 

Vofana  and  TItna  aa  the  reatoren  of  the  aqne- 

lect   (See  tiie  woodcnt  below.)     By  the  aide 

rf  tiiii  arch  the  aqnednet  paaaea  along  the  wall  of 

Andim  fcr  aome  diataaice,  and  then  it  ia  con- 

taned  opea  die  iifwa  AaronmN  or  ChMttmMtoei, 

«^  woe  added  by  Nero  to  the  ojgxnal  atroe- 

teR,  and  which   terminated  at  the  temple  of 

(Uia^whidi  waa  alao  boiH  by  Nero,  on  the 

(^Am,  where  the  water  waa  probably  eonreyed 

«  a  earfeAaa  idieadT  bnilt  frr  the  Aqm  JwUa^ 

lad  far  abiaadi  of  the  A^wa  Mardoy  which  had 

Wa  at  aome  previooa  time  eontinned  to  the 

OKfoi :  the  nunommt  caDed  the  Arch  of  Dola- 

1^  is  nnbaUy  a  lemnaat  of  thia  common  ene^ 

^    (Becker,  Hamdh.  d.  BSm.  AUtrA.  toL  l 

B^4I>-«0S.) 

Tkeie  aioe  aqoedncto  were  all  that  exiated  m 
^  tine  of  Kranturaa,  who  thoa  qieaka  of  them 
co'UTely,  in  tenna  which  can  hardly  be  thought 
o>BwtBd:~.«Ibe 


oKiMrfia  mi/kma  edebruia  cpem 
Itka  heea  cakakted  that  theae  nine  aqoedoda 
^■nidMi  Rone  with  a  aopply  of  water  equal  to 
t^  enied  dawn  by  a  mer  thirty  leet  broad  by 
n  ^  lloarmg  at  the  rate  of  thirty  mcfaea  a 
>«»i    Thoe  wM  alao  nother  aqoednct,  not 


AQUAEDUCTUa  111 

reckoned  with  the  niae^  hecanaa  ita  watm  w«a 
no  longer  broaght  all  the  way  to  Bome : 

10.  Thia  waa  the  Aqua  Owivw,  which  had  ita 
aonree  near  that  of  the  JwHof  and  which  waa  ori- 
ginally canied  right  through  the  Cirena  Mazimw  i 
bot  the  water  waa  ao  bad,  that  Agrippa  wonld  not 
bring  it  into  thtJuKa^  bat  ahndoned  it  to  the 
people  of  the  Tnacohm  hmd  ;  hence  it  waa  caUed 
Aqua  2>ammaia.  At  a  hitar  period,  nait  of  ita 
water  waa  broaght  into  thoilfaa  Jmlia.  (FronthLO.) 
Conaiderable  tzacea  of  it  remain. 

There  are  atili  Ibor  aqaedveta  of  bter  eoft- 
atmctum  to  be  added  to  the  liat. 

11.  The  Aqua  TVvffma  waa  broogbt  by  Tn^ 
from  the  Laem  SabaHmu  (now  Bfmeeiamo\  to 
aapply  the  Jamieuhu  and  the  Rigio  TVaattiUrma, 
Ita  conatruction  b  recorded  on  eoina  of  gold,  ailTer, 
and  bronse,  of  the  yean  111  and  112  a.  d. 
(Eckhel,  Doetr.  Num.  V0L  ri.  pn.  425,  428^ 
Trajan  alao  reatored  and  improTod  tne  other  aqae- 
dncta, eapectally  the  jlatbiVbmtf.  (FroDtin.92,03.) 

12.  The  Aqua  Alemaadrima  waa  oonatrocted  by 
Alexander  SeTenu ;  ita  aomce  waa  in  the  landa  of 
Tuacalom,  about  fourteen  milea  from  Rome,  be- 
tween Gabii  and  the  Lake  Reffillnai  Ita  amall 
height  ahowa  that  it  waa  intended  for  the  hatha  of 
ScTenia,  which  were  in  one  of  the  vaUeya  of  Rome. 
(Lamprid.  AUa,  Sm>.  25  ;  Fafaretti,  Diaa.  L  §  25.) 

13.  The  Aqua  S^iHrnkma^  built  by  Septimiua 
Severua,  waa,  perhapa,  only  a  branch  of  the  Aqua 
JuUOf  fonned  by  the  emperor  to  bring  water  to  hia 
^tha.    (Fabretti,Z)u».iiL§285.) 

14.  The  Aqua  AlgmOia  had  ita  aoarce  at  M. 
AlgUm  by  the  Via  TWeaJoao,  9000  pa§m§  from 
R«ne,  according  to  Fabretti ;  bat  mere  prabaUy 
15,000.    Ita  builder  ia  unknown. 

These  aeem  to  faaTo  been  the  fourteen  aqoeduda, 
which  were  atill  preaerred  in  uae  at  Rome  in  the 
time  of  Procopiua  {CMh,  L  19) ;  but  there  ia  a 
doubt  respecting  aome  of  the  laat  fire.  Thua  the 
EpHogua  to  the  Natitia  mentiona  the  daMMo,  the 
SeeerMao,  and  the  Auiomta^  and  makea  the  whole 
number  nineteen ;  while  Aureliua  Victor  enu- 
menitea  twenty.  The  account  of  Prooopiua  aeema 
the  moat  exact,  and  the  exceaa  in  the  other  atato* 
menta  may  be  exphuned  from  the  enumeiatian  of 
the  amall  acceaaoiy  bnmchea  of  the  chief  aqueducta : 
for  the  Aqua  Jovia  of  Bonaen  there  ia  no  auffident 
authority.  (BeckexvHaMi6.cl.iRMi.uliSefKA.ToLi 
p.  707.) 

Great  paina  were  taken  by  aueoeaaiTe  emperora 
to  preaerre  and  repair  the  aqueducta.  From  the 
Qothic  ware  downwarda,  they  hare  for  the  moat 
part  ahared  the  fote  of  the  other  great  Roman 
worka  of  architecture ;  their  aitnation  and  purpoae 
rendering  them  peculiariy  expoaed  to  injuiy  in 
war ;  bat  atill  thmr  remaina  fonn  the  moat  atriking 
foatnoea  of  the  Campagna,  over  which  their  linea 
of  mined  arehea,  dothed  with  iry  and  the  wild 
fig-tree^  radiate  in  nuioua  directiona.  Three  ol 
them  atill  aerre  for  their  ancient  utfa ;  and  theae 
three  akae,  acoonixng  to  Toamon,  aupply  the 
modem  city  with  a  quantity  of  water  muoi  greater 
than  that  which  ia  fomiahed  to  Paria  by  the  Canal 
de  lK)areq,  for  a  population  aiz  timea  aa  laige. 
They  are :  — (1.)  The  Acqua  VergioMj  the  ancient. 
Aqua  VtrffOy  which  waa  reatored  by  Pope  Piua  IV. 
and  further  embelliahed  by  Benedict  XIV.  and 
Clement  XIIL  The  chief  portion  of  ita  waten 
guah  out  through  the  beant^  Fonkma  di  Trwi^ 
but  it  «^  snppliea  twelre  other  pubUo  fonntuna^' 


112  AtJUAEDUCTUS. 

and  the  greater  part  of  the  lower  city.  (2.)  The 
Aoqua  Feliet^  named  after  the  oonyentnal  name  of 
its  restorer  Sixtns  V.  (Fra  Felice)  is,  probably,  a 
part  of  the  ancient  Aqua  CUmdiOj  though  some 
take  it  for  the  AleaBondrma,  It  supplies  twenty- 
seven  public  fountains,  and  the  eastern  part  of  the 
city.  (3.)  The  Aoqua  PacloL,  the  ancient  AUieiina, 
supplies  the  JVanMietvere  and  the  Vatican,  and 
feeds,  among  others,  the  splendid  fountains  before 
St  Peter*s.  Of  the  rains' of  the  other  aqueducts 
the  most  extensive,  within  Rome,  are  those  of  the 
Arcui  Neromam^  and  of  the  Aqua  Orahra  ;  the 
most  interestinff  are  the  Porta  Maggiore^  with  the 
two  channels  of  the  Aqua  Claudia  and  Aido  Novus, 
and  the  remains  of  the  triple  aqueduct  of  Agrippa 
by  the  Porta  S,  Lorenzo.  The  following  woodcut 
(after  Hirt)  represents  restored  sections  of  them, 
preserving  their  relative  proportions :  — 


Fig.  1.  — Section  of  the  Porta  Magghre  at 
Rome :  a.  the  Aqua  Claudia  ;  6.  the  Anio  Noma  ; 
e,  openings  to  give  vent  to  the  air. 

Fig.  2.  —  Section  of  the  triple  aqueduct  of 
Agrippa:  a.  the  Aqua  Marda;  k  the  Aqua 
Tepda;  e,  the  Aqua  JuUa,  The  two  latter  are 
of  brick  and  vaulted  over.  The  air-vents  are  also 
shown. 

The  magnificence  displayed  by  the  Romans  in 
their  pubkc  works  of  this  dass,  was  by  no  means 
confined  to  the  capital ;  for  aqueducts  more  or  less 
stupendous  were  constructed  by  them  in  various 
ana  even  very  remote  parts  of  the  empire,  —  at 
Athens,  Corinth,  Catuia,  Salona,  Nicomedia, 
Ephesus,  Smyrna,  Alexandria  in  the  Troad,  Syra- 
cuse, Mets,  Clermont  in  Auveigne,  Nimes  (the 
Pont  du  Oard),  Lyon,  Evora,  Merida,  and  Se^via. 
Those  at  Ephetnr  and  Alexandria  were  built  by 


AQUAEDUCTUS.* 

Hadrian  and  Herodes  Atticns,  and  that  at  AiheoM 
was  commenced  by  Hadrian  and  finished  by  Anto- 
ninus Pius,  who  also  buflt  those  at  Corinth  and 
Nicomedia.  That  at  Evora,  which  was  built  by 
Quintus  Sertorius,  is  still  in  good  preserrRtioii ; 
and  at  its  termination  in  the  city  Ims  a  Teiy  ele- 
gant eatteOmm  in  two  stories,  the  lower  <me  of 
which  has  Ionic  columns.  Merida  in  Spsun,  the 
Augusta  Emerita  of  the  Romans,  who  established 
a  odony  there  in  the  time  of  Augustus,  haa  among 
its  other  antiquities  the  repiains  of  two  aqnedncta, 
of  one  of  which  thirty-seven  piers  are  standing, 
with  three  tiers  of  arches ;  while  of  the  other 
there  are  only  two  which  form  part  of  the  original 
constructions,  the  rest  being  modem.  Bat  that  oi 
Segovia,  for  which  some  Spanish  writers  have 
clfumed  an  antiquity  anterior  to  the  sway  of  the 
Romans  in  Spain,  is  one  of  the  most  perfect  and 
magnificent  works  of  the  kind  anywhoe  remain- 
ing. It  ii  entirely  of  stone,  and  of  great  solidity, 
the  piers  beinff  eight  feet  wide  sind  eleren  in 
depth  ;  and,  where  it  traverses  a  part  of  the  city, 
the  height  is  upwards  of  a  hundred  feet,  and  it  has 
two  tien  of  arches,  the  lowermost  of  which  are 
exceedingly  lofty. 

We  proceed  to  describe  in  detail  the  construc- 
tion and  arrangements  of  Roman  aqueducta.  There 
are  three  matters  to  be  considered:  the  soonce 
from  which  the  water  was  derived  ;  the  aqueduct 
itself  by  which  it  was  conveyed  ;  and  the  reser- 
voir in  which  it  was  received,  and  firam  which  it 
was  distributed  for  use. 

(1.)  The  Souroet,  —  It  is  unnecessary  to  follow 
Vitruvius  into  the  minute  rules  whidi  he  lays 
down  for  the  discoveiry  of  springs,  where  they 
were  not  naturally  visible,  and  for  testing  the 
quality  of  the  water :  it  is  enough  to  refer  to  his 
statements  as  showing  the  importance  attached  to 
these  points.  (Vitruv.  viil  1.)  It  was  also  neces- 
sary that  the  springs  should  have  such  an  eleva- 
tion, as  that,  after  allowing  for  the  fidl  necessaiy 
to  give  the  channel  its  proper  inclination,  the  water 
should  enter  the  final  reservoir  at  a  sufficient 
height  to  permit  of  its  distribution  for  public  and 
private  use  ;  for  there  were  no  engines  used,  as  in 
modem  waterworks,  to  raise  the  water  to  a  higher 
elevation  than  that  at  which  it  was  required. 
When  the  source  bad  been  fixed  upon,  whether  it 
was  an  open  spring  (Jbn»\  or  one  got  at  by  sink- 
ing a  well  ( jw^saw),  a  head  was  dug  for  the  water, 
and  indos^  with  a  wall ;  and,  if  necessary,  the 
supply  was  increased  by  digging  channels  from 
neighbouring  springs :  the  rales  for  these  (^>era- 
tions  also  are  minutely  laid  down  by  Vitruvius 
(viiL7.i.6.§§12— 15). 

(2.)  7%sCSbaMM2,or^9Malifc<«Cs0j^*— In  order 
to  convey  the  water  from  its  source  to  its  destina- 
tion, a  channel  was  constructed,  having  a  sli^t, 
and,  as  nearly  as  possible,  a  uniform  declivity. 
An  elaborate  description  of  the  means  adopted  to 
secure  this  object  is  quite  needless  for  readers  of 
the  present  day,  as  they  were  almost  precisely 

*  Though  the  word  a^MMcfsctes  is  applied  gene- 
rally to  the  whole  stractore,  vet  in  its  special  and 
proper  meaning  it  seems  only  to  have  signified 
that  part  of  tlu  work  in  whicu  the  water-coannel 
was  carried  over  a  valley,  on  arches  or  on  solid 
substructions :  a  channd  on  the  surfece  of  the 
ground  was  properiy  called  ricm;  and  onebeneuth 
the  surfiioe,  rirss  mAkrramauy  or  amkmluM,  . 


AQUAEDUCTUSL 
saihr  tD  tbow  vith  which  we  are  fimuliar  m  our 
aflvmj*:  hiQs  wore  pierced  through  by  tunnels, 
Kid  TaflcTi  croHed  either  by  solid  saltttnictions 
or  arches  of  mMODiy,  according  to  the  height  re- 
%«ied  ;  and  of  these  arches  tfere  were  often  two 
tiers,  and  aaiaetiines  eren  three.  The  channel 
itself  iapeema^  amA«)  was  a  tioqgh  of  brick  or 
tfoK,  lined  with  cement,  and  coTered  with  a 
capai^  whd^  was  ahnoat  always  arched  ;  and  the 
water  etdMr  rsa  directly  through  this  trough,  or  it 
vaa  carried  throogh  pipes  kid  along  the  trough. 
Wl»B  the  cbmxaM  was  carried  beneath  the  sur- 
fiKe,  if  the  hiO  through  which  it  passed  was  of 
rock,  it  waa  mcxely  ent  in  the  rock ;  but  if  of  earth 
«r  sand,  it  was  eonstructed  of  blodu  of  stone. 

The  fioOowing  woodcut  represents  a  portion  of 
a  doable-axvhed  aqoednct,  and  shows  a  section  of 
the  9an»(a):  6  6  are  projecting  blocks,  which 
are  oilea  aecn  in  soeh  podtions,  and  which  were 
daahtleas  the  aapports  for  the  centerings  used  in 
boildiag  the  archea. 


The  oifaject  o£  coTering  the  ^mou  was  to  exclude 
the  sBi  and  rain,  and  other  corruptions  and  ob- 
■tractaana  ;  bat  it  was  necessary  to  proride  a  vent 
hr  the  air,  which  otherwise  would  haye  been 
ooBipreascd  to  rach  a  degree  as  to  burst  the  walls 
cr  locf  of  the  gteau.  These  ventrholes  were 
made  at  regolar  intervals  in  the  roof  of  the  ipecM, 
flc,  when  another  channel  passed  over  !t,  in  the 
side.  They  are  represented  in  the  sections,  given 
above,  of  the  ^9110  Ckmdia,  Marcia^  &e.  To 
ventilBte  the  sabtenanean  channel  of  an  aqueduct, 
a  shaft  {fmtem)  of  masonry  was  carried  to  the 
mrftee  of  the  gronnd  at  intervals  of  an  attua^  or 
120  RooBan  feet  (or  two  oefas,  according  to  Pliny, 
who  calls  them  jmrum),  as  shown  in  the  fi^owing 
woodcat  (after  Hirt),  which  represents  the  phin, 
kngitadinal  section,  and  transverse  section,  of 
port  of  a  rimu  aaUgrramau^  the  ruins  of  which 
stiD  exist  at  Palmyra. 

The  fficas  stAtanrtmoit  possessed  the  advantage 
over  the  atptaeituittu  of  being  less  exposed  to 
tariatioos  of  temperature,  and  more  secure  from 
iajary  ;  on  the  other  hand,  it  was  of  course  more 
diftddt  to  get  at  when  it  required  repairs.  A 
gfercace  to  the  account  given  ^xnre,  of  the  Roman 


AQUABDUcrrua  113 

aqueducts,  will  show  how  huge  a  portion  of  them 
was  subterranean. 


a 


f'-^f.^y 


J 


a,  The  water-couise  ;  A,  steps  giving  access  to 
it ;  e,  the  shaft ;  d,  e,  section  of  the  q)ecma  and 
shaft  ;  f^  transverse  section  of  them. 

Instead  o^  or  within,  the  »peem$^  pip^  (JUiwlae, 
tulruU)^  were  often  used  for  the  passage  of  the 
water.  They  were  of  lead,  or  terra-cotta  ijictilt$\ 
and  sometimes,  for  the  sake  of  economy,  of  leather. 
The  rules  which  Yitruvius  lays  down  apply  par- 
ticuhurly  to  leaden  pipes,  although  he  gives  the 
preference  to  the  ewthen  ones,  chiefly  on  the 
ground  that  the  water  which  passed  throogh  them 
was  more  wholesome.  The  pipes  were  made  in 
lengths  not  less  than  ten  feet,  and  of  various 
widths,  which  were  denominated  in  the  manner 
explained  under  Fistula.  They  were  cemented 
together  at  the  joints,  which  in  earthen  pipes  were 
made  to  overlap,  and  when  the  water  was  first  let 
in,  ashes  were  mixed  with  it,  in  order  that  they 
might  settle  in  the  joints  and  stop  them  more  com- 
pletely.  The  use  of  pipes  permitted  variations  to 
be  made  in  the  construction  of  the  aqueduct: 
namely,  the  water  could  be  carried  round,  instead 
of  through  a  hill,  if  the  circuit  was  not  too  great ; 
and  in  very  wide  valleys,  the  costly  structure  of 
arches  could  be  dispensed  with.  In  this  case,  a 
low  horizontal  substruction  was  made  across  the 
bottom  of  the  valley,  and  the  pipe  was  brought 
down  the  one  slope,  along  this  substruction,  and 
up  the  opposite  slope,  to  a  height,  of  conne, 
somewhat  less  than  that  of  the  opposite  side.  The 
horixontal  part  of  the  pipe  across  the  bottom  of  the 
valley  (omfer),  had  ventilating  openings  for  the 
escape  of  the  air.  At  the  bendings,  instead  of  the 
pipe,  an  elbow  was  bored  in  a  solid  piece  of  stone, 
into  which  the  ends  of  the  adjacent  pieces  of  pipe 
were  securely  cemented.  (For  further  details,  see 
Yitruvius.)  In  those  places  where  the  pipes 
were  laid  on  the  surface,  reservoirs  were  sometimes 
made,  at  intervals  of  200  actus  (24,000  feet),  m 
carder  that,  if  a  part  of  the  pipe  needed  repair,  the 
supply  of  water  might  not  be  entirely  cut  off.  The 
advantage  in  the  use  of  pipes,  according  to  Yitruvius, 
was  the  fiicility  of  repairing  them. 

The  slope  {fiutigiHm\  on  which  the  aqueduct 
was  buOt,  in  order  to  give  the  water  a  proper  fall 
{W)ramentunC)y  ought  not,  says  Yitruvius,  to  be 
less  than  half  a  foot  in  every  100  feet  (1  in  200)  ; 
but  Pliny  only  allows  a  siciiiats  (a  quarter  of  an 
inch)  in  100  feet  The  great  circuit,  which  most 
of  the  aqueducts  of  Rome  made,  was  taken  chiefly 
(as  is  the  case  with  the  New  River),  to  prevent 
the  too  rapid  descent  of  the  water.  There  is, 
however,  a  considerable  variation  in  their  de- 
clivities :  for  example^  the  Aqua  Marcia  and  the 
I 


114  AQUAEDUCTU& 

Aqtta  Clamdia^  though  of  such  different  heights  at 
Rome,  have  their  sources  at  the  same  elevation. 

At  convenient  points  on  the  course  of  the  aque- 
duct, and  especially  near  the  middle  and  end, 
there  was  generally  a  reservoir  (piscma,  pudma 
limota)  in  which  the  water  might  deposit  any 
sediment  that  it  contained.  The  construction  of 
these  reservoirs  will  be  understood  from  the  follow- 
ing woodcut,  which  represents  a  restored  section  of 
one  which  still  exists. 


The  water  flowed  frt>m  the  aqueduct  a  into  the 
first  upper  chamber,  thence  down  and  up  again 
through  the  openings  6,  e,  e,  into  the  second  upper 
chamber,  out  of  which  it  passed  into  the  continua- 
tion of  the  aqueduct  /,  having  deposited  iU  sedi- 
ment in  the  two  lower  chambers,  which  could  be 
cleaned  out  by  the  door  <L  The  piadna  was  not 
always  vaulted :  Hirt,  from  whose  work  the  above 
cut  is  taken,  gives  also  an  engraving  of  an  open 
piseifM,  These  reservoirs  were  not  aJways  used : 
for  example,  the  Aqua  Virgo  and  the  Alnetina 
were  without  them.  They  were  especially  neces- 
sary when  the  water  was  conveyed  through  pipes. 
Thev  were  also  used  as  reservoirs  for  the  supply 
of  the  neighbouring  country,  chiefly  for  the  pur- 
poses of  irrigation. 

The  details,  which  we  have  now  been  noticing, 
are  minutely  described  by  Frontinus,  and  by 
Vitnivius*  (viii.  c  7.  s.  6),  and  briefly  by  Pliny 
(/f.AT.xxxi  6.  S.31). 

(3.)  The  TerminatWH  of  the  Aqueducit  and  the 
ArrangemenU  far  the  Dtkribution  of  its  Water. 
—  The  water  thus  conducted  to  the  city  was  re- 
ceived, when  it  reached  the  walls,  in  a  vast  reser- 
voir called  ccuteUum^  which  formed  the  head  of 
water  and  also  served  the  purpose  of  a  mder. 
The  more  ancient  name  in  use,  when  the  aque- 
ducts were  first  constructed,  was  dividiculum, 
(Fest  «.  V.)  From  this  principal  caeiellttm  the 
water  flowed  into  other  oastdta^  whence  it  was 
distributed  for  public  and  private  use.  The  term 
castelium  is  sometimes  also  applied  to  the  inter- 
mediate reservoirs  already  mentioned. 

The  chief  castelium  was,  externally,  a  highly 
decorated  building  ;  for  example,  that  of  Hadrian, 
at  Athens,  was  adorned  with  Ionic  pillars,  and 
that  at  Evora,  in  Portugal,  had  the  form  of  a  cir- 
cular  temple.  Internally,  there  was  generally  one 
vast  chamber,  with  a  vaulted  roof  supported  by 
massive  pillars,  into  which  the  water  flowed  from 


*  The  particular  attention  which  Vitruvius 
pays  to  the  conveyance  nf  water  through  pipes, 
warrants  the  supposition  that  in  hjs  time,  when 
some  of  the  most  important  of  the  aqueducts  were 
not  yet  erected,  that  method  was  very  laigely 
employed. 


AQUAEDUCTUa 
the  aqueduct,  and  from  which  it  was  condiictod 
through  pipes  of  fixed  dimensions,  into  three  amaller 
reservoirs,  which  were,  however,  so  amuised,  that 
the  middle  one  was  only  supplied  from  the  orer- 
flow  of  the  other  two.  Of  these  three  reaerroira, 
the  two  outer  supplied  respectively  the  public  baths 
and  the  private  houses,  and  the  middle  one  the 
public  ponds  and  fountains  (laeus  et  walirmirs)  : 
so  that,  in  case  of  a  deficient  supply  for  uaefol 
purposes,  none  would  be  wasted  on  the  fountains  : 
the  arrangement  also  enabled  a  proper  aooount  to 
be  kept  <J  the  quantity  supplied  for  private  use, 
for  the  protection  of  the  revenue  derived  from  this 
source.     (Yitniv.  viiL  7.  s.  6.  §§  1,  2.) 

The  minor  eastella,  which  received  the  water 
from  this  chief  head,  were  distributed  anrex  the 
city,  in  such  a  manner  that  the  Aqua  Appia  sap- 
plied  seven  regiones  by  means  of  twenty  easiefla  / 
the  Anio  Vetus^  ten  regiones  through  thirty-five 
east^la  ;  the  Marda^  ten  r^/ioues  through  fif^-one 
easteila  ;  the  Tepula^  four  regiones  through  fourteen 
eastdla  ;  the  Julia^  seven  regiones  through  seven- 
teen  easteila;  the  Vifgo,  three  regiones  throagh 
eighteen  easteUa  ;  the  Claudia  and  iheAnio  Veius^ 
ninety-two  oastila,  (Frontin.  79 — 86.)  For  an 
account  of  the  parts  of  the  city  supplied  by  the 
different  aqueducts,  see  Becker,  Handb.  d.  Hatn, 
Altertk  vol  L  pp.707,  708. 

The  subjoined  plan  and  elevation  represent  a 
ruin  stfll  remaining  at  Rome,  commonly  called  the 
"Trophies  of  Ms^us,^  which  is  generally  con- 
sidered to  have  been  the  castelium  of  an  aqueduct. 


It  is  now  much  diUpidated,  but  was  tolerably 
entire  about  the  middle  of  the  16th  centniy,  as 
may  be  seen  by  the  drawing  published  by  Oamucd 
(Aniichiiii  di  Roma^  iii.  p.  100),  from  which  this 
restoration  is  made.  The  trophies,  then  remain- 
ing in  their  places,  firom  which  the  monument 
derives  its  modem  appellation,  are  now  phiced  on 
the  Capitol  The  ground  plan  is  given  from  an 
excavation  made  some  years  since  by  the  students 
of  the  French  Academy ;  it  explains  part  of  the 
internal  construction,  and  shows  the  arrangement 
adopted  for  disposing  of  the  superfluous  water  of 
an  aqueduct  The  general  stream  of  water  is  first 
divided  by  the  round  projecting  buttress  into  two 
courses,  which  subdivide  themselves  into  five  minor 
streams,  and  finally  fiJl  into  a  reservoir. 

The  easteila  were  divided  into  two  daises,  the 
puUioa  and  privata. 


AQUABDUCTUa 

necariiBi  fJUka  we»  agua  mbAiTided  into 
Bx  daiMi,  wbich  fimiihed  mter  £ar  the  (ollowiog 
BMi—Cl.)  The  Pnetorimaunp  (aufra) ;  (2.) 
IkpoB^  aod  Ibimtaiiia  (iocw  «tf  mdimte*)  ;  (8.) 
tbedwisiiwiiiMriitiif  ,aad«mpliitlieatw  (wm  m) ; 
(4.)  the  tethsy  and  the  aemoe  of  oettain  im- 
pcRmt  hadkiafta,  ndi  at  the  lianen,  dyen,  and 
ttBiien(cpera/iMU«oa)  ;  (5.)iiRgii}ardistiihntioDi 
cade  bj  the  ipedal  ofder  of  the  emperor  (nomaat 
r;«aam);  (6.)  txtraordiiiary  giants  to  private 
imjiridaik  by  die  &Toar  of  the  prince  {hnmfima 
Oaani).  ^e  diitribiitioa  nnder  each  of  theie 
bidi  is  dcKiibed  by  FVenliniis  (3,  78). 

Titt  tadtiBa  jmoto  wo«,  as  the  name  implies, 
fa  tke  nppiy  <^  prinUe  hooses.  When  a  supply 
ofvattrfrom  the  aqoedocts  was  fint  granted  for 
fcnaae  wei,  each  persoo  obtained  his  quantom  by 
imotiig  a  bnneh  pipe,  aa  we  do,  into  the  main  ; 
vbid  was  probably  the  eostom  in  the  age  of 
VitnTin,  ss  he  makes  no  mention  of  prirate  re- 
•ffvon.  Indeed,  in  early  times,  aU  the  water 
faco^t  to  Rome  by  the  aqueducts  was  applied  to 
paUie  parpoMs  exdaaireiy,  it  being  forbidden  to 
tkedtboa  to  divert  any  portion  of  it  to  their  own 
»e,  cuept  mdi  as  escaped  by  flaws  in  the  ducts 
er  pipes,  which  was  termed  cigaaaHfatoa..  (Fnmtin. 
$4.)  Bat  as  even  thia  permission  opened  a 
door  far  gnat  abases  from  the  ftandnleot  eondnct 
•f  die  uftBu,  who  damaged  the  dv:ts  for  the 
parpoie  oif  Mllmg  the  aqiaa  eadaea,  and  as  the  sab- 
nqamt  method  of  sapply  leqoired  the  main-pipe 
to  be  puBctared  in  too  many  plaoBS  (Frontin.  27), 
a  Raedy  vas  sought  by  the  mstitntion  of  easteUa 
pnata,  sad  the  pablie  were  henceforward  fer- 
biddes  to  collect  the  oftia  on/aoo,  onless  permission 
vai  givm  by  special  fisTour  (Aea^^'ant)  of  the 
eapenc  (Fkontin.  111.)  The  eaaUila  privata 
vec  boilt  at  the  joint  expense  of  the  fomilies 
Rp{fied  1^  them ;  bat  they  were  considered  as 
poUic  property,  and  were  mider  the  control  of  the 
ttniam  vpMtnm,  (Frontan.  106.)  The  right  of 
v^  O*  o^aae  tatyelnites)  did  not  follow  the 
beir  or  pnrcbaser  of  the  property,  but  was  renewed 
br  gnat  apon  every  change  in  the  possession. 
lFnn6L  107.) 

Tbe  leadm  dstema,  which  each  person  had  in 
bit  ovB  hoDse  to  receive  the  water  hiid  on  from 
tbe  oMAi&Da  mivaimm^   were  called  couteUa  do- 


AQUAE  PLUVIAE.  XiS 

As  a  fhrther  secority,  the  mUm  waa  stamped. 
Pipes  which  had  no  ca/ar,  were  termed  soArfat. 
Frantinas  also  observes  that  the  velocity  of  tha 
water  passing  threugh  the  oottc,  and,  eooseqaently, 
the  quantity  given  ont,  oould  be  vafied  aeootdiog 
to  the  angle  which  the  oottr  mada  with  the  side  of 
the  reservoir :  its  proper  position  was,  of  eoomi 


Afl  the  water  which  entered  the  easidbtm  was 
■oaaed,  at  its  ingress  and  egress,  by  the  sise  of 
tbe  tebe  through  which  it  passed.  The  former 
w  called  audUiKf  aeoqptoriusj  the  latter  eroffab>- 
rm.  To  distribate  the  water  was  termed  eroffore  ; 
tbe  dittribntion,  erogatio;  the  size  of  the  tube, 
f^»ianmx«madMlorumeapae^M^cslMmeu.  The 
■sdler  pipes  which  led  from  tiie  main  to  the 
huaei  of  primte  persons,  were  called  ptmctoe; 
thae  ioNited  by  finad  into  the  duct  itself  or  into 
tbe  aain  after  it  had  left  the  castellum,  fUiulae 

The  mtgaiia  was  regulated  by  a  tube  called 
o^  of  the  diameter  required,  and  not  less  than  a 
feot  is  leogth,  attached  to  the  extremity  of  each 
pi{«f  wbcie  it  entered  the  castellum  ;  it  was  pro- 
kUj  of  \fj^  jn  |]|2  tjgoQ  ^  Vitrovhis,  such  only 
^OBgBiaitioiied  by  him  ;  but  was  made  of  bionae 
("ttw)  when  Frontinus  wrote,  in  order  to  check 
^  ngoery  of  the  sqnarii,  who  were  able  to  in- 
uoK  or  daniBish  the  flow  of  water  from  the 
'  ^  tangnmaig  or  extending  the  lead. 


It  is  evident  how  watchful  an  overaiafat  most 
have  been  required  to  keep  the  aqueducts  m  icpab^ 
to  regulate  their  use,  and  to  prevent  the  ftandulent 
abstraction  of  their  water.  Under  the  repafalic^ 
this  office  waa  dischaiged,  sometimes,  hj  the 
censors,  but  more  generally  by  the  aediles  (Ci& 
ad  Dip.  viii.  6),  and  sometimes  a  special  over- 
seer was  appointed.  (Fn>ntin.95, 119.)  Augustas 
fint  established  the  office  uf  atraior  (or  pra^ 
/ftetas)  a^vanna  (Suet  Octfon.  37),  the  duties 
of  which  are  minutely  described  by  Fraatinns  (99X 
who  seems,  while  he  held  the  office,  to  have  per- 
formed it  with  the  utmost  aeal:  amoqg  other 
carea,  he  had  plans  and  models  nmde  of  the  whole 
oourae  of  all  the  aqueducts  (17,  64).  The  e«- 
raiore$  aqmamm  were  invested  with  considerable 
authority.  They  were  attended  ovtside  the  city 
by  two  lictors,  throe  public  sbves,  a  secretaiy,  and 
other  attendanta. 

In  the  time  of  Nerva  and  Trajan,  a  body  of  four 
hundred  and  sixty  sUves  were  constantly  employed 
nnder  the  orders  of  the  atratorm  aqmtmm  in  at- 
tending to  the  aqueducts.  They  wen  divided 
into  two  fomilies,  the  /amSia  pMea^  established 
by  Agrippa,  and  the  famiUa  Cbssoris,  added  by 
Claudius  ;  and  they  were  subdivided  into  the  fol- 
lowing classes :  —  1.  The  vSUei,  whose  duty  it  was 
to  attend  to  the  pipes  and  ob^hJss.  2.  The  eaatd- 
iarU^  who  had  the  superintendence  of  att  the 
aasfeAb,both  within  and  without  the  city.  3.  The 
dratHoreSj  so  called  because  they  had  to  go  from 
post  to  post,  to  examine  into  the  state  of  the  works, 
and  also  to  keep  watch  over  the  labourers  em- 
ployed upon  them.  4.  The  mUamiiy  or  pavionrs, 
who  had  to  remove  and  relay  the  pavement  when 
the  pipes  beneath  it  required  attention.  5.  The 
teeforet,  who  had  chaige  of  the  masoniy  of  the 
aqueducts.  These  and  other  workmen  appear  to 
have  been  included  nnder  the  genersl  term  of 
Aquaril  (Cod.  xiL  tit  42  or  48.  s.  10  ;  Frontin. 
1 16,  1 1 7.)  The  following  are  the  most  important 
wocks  on  the  Roman  aqueducts :  —  Frontinus,  de 
AgutuducHbua  Urbii  Romas;  Fabretti,  ds  Aquit 
€t  AqitaedmetUnu  VettriM  Romae;  Stieglits,  Ar- 
ekaologie  dm'  Bamhaui;  Hixt,  0€$ck»ekU  d.  Bam- 
haut;  Phitner  and  Hansen,  BuekreOmmg  d,  Stadi 
Rom;  Becker,  Handlmck  d.  RSmimskem  AUer- 
thnmer^  voL  L)  [P.  S.] 

AQUAE  DUCTUS.     [SEaviTtTTW.] 

AQUAE     ET     IGNIS     INTERD|CTIO. 

[EXSILIUM.] 

AQUAE  HAUSTUS.  [SaavrruTBs.] 
AQUAE  PLUVIAE  ARCENDAE  ACTIO. 
That  water  was  called  aqua  plmoia  which  foil  from 
the  clouds,  and  overflowed  in  consequence  of 
showers,  and  the  prevention  of  injury  to  land  from 
such  water  was  the  object  of  this  action.  The  action 
aquae  plmriae  was  allowed  between  the  owners  of 
adjoining  land,  and  might  be  maintained  either  by 
the  owner  of  the  higher  land  against  the  owner  of 
the  lower  knd,  in  case  the  hitter  by  any  thing  done 
to  his  land  {manu/aeto  opere)  prevented  the  water 
from  flowing  naturally  from  the  higher  to  the  lower 
I  2 


116 


ARA. 


land  ;  or  hj  tlie  owner  of  the  lower  land  against 
the  owner  of  the  higher  land,  in  case  the  ktter  did 
any  thing  to  his  land  by  which  the  water  flowed 
frinn  it  into  the  lower  land  in  a  different  way  from 
what  it  natorally  woold.  In  the  absence  of  any 
special  custom  or  law  to  the  contrary,  the  lower 
land  was  sabject  to  receive  the  water  which  flowed 
naturally  from  the  upper  land ;  and  this  rule  of 
law  was  thus  expressed, — ager  inferior  tmperiori 
mnoiL  The  fertilising  matenals  carried  down  to 
the  lower  land  were  considered  as  an  ample  com- 
pensation for  any  damage  which  it  might  sustain 
from  the  water.  Many  difficult  questions  occurred 
in  the  application  to  practice  of  the  general  rules 
of  law  as  to  aqua  pluria ;  and,  among  others,  this 
question, — What  tilings  done  by  the  owners  of  the 
land  were  to  be  considered  as  preventing  or  alter- 
ing the  natural  flow  of  the  waters  ?  The  conclusion 
of  Ulpian  is,  that  acts  done  to  the  land  for  the  pur- 
poses of  cultivation  were  not  to  be  considered  as  acts 
interfering  with  the  natural  flow  of  the  waters. 
Water  which  increased  from  the  fiilling  of  lain,  or 
in  consequence  of  rain  changed  its  colour,  was  con- 
sidered within  the  definition  of  aqua  pluvia ;  for 
it  was  not  necessary  that  ths  water  in  question 
should  be  only  nun  water,  it  was  sufficient  if  there 
was  any  rain  water  in  it.  Thus,  when  water 
naturally  flowed  from  a  pond  or  marsh,  and  a  per- 
son did  something  to  exclude  such  water  from 
coming  on  his  land,  if  such  marsh  received  any 
increase  from  nun  water,  and  so  injured  the  land  of 
a  neighbour,  the  person  would  be  compelled  by 
this  action  to  remove  the  obstacle  whicn  he  had 
created  to  the  free  passage  of  the  water. 

This  action  was  allowed  for  the  special  pro- 
tection of  land  {ager) :  if  the  water  injured  a  town 
or  a  building,  the  case  then  belonged  to  flumina  and 
stillicidia.  The  action  was  only  allowed  to  prevent 
damage,  and  therefore  a  person  could  not  have 
this  remedy  against  his  neighbour,  who  did  any 
thing  to  his  own  land  by  which  he  stopped  the 
water  which  would  otherwise  flow  to  that  person's 
land  and  be  profitable  to  it.  The  title  m  the 
Digest  contains  many  curious  cases.  (Dig.  39. 
tit  3  ;  Cic  Pro  Muren.  10,  Tcpio.  9  ;  Bocthius, 
CkmmetU.  m  Cie.  Top.  iv.  9.)  [G.  L.] 

AQUA'RII,  were  slaves  who  carried  water  for 
bathinff,  &c.  into  the  female  apartments :  they  were 
also  called  aquarioU^  and  were  held  in  great  con- 
tempt (Juv.  vl  332  ;  Festus,  «.  v.  and  MUUer'S 
Note  ;  Hieron.  Ep,  27 ;  JuL  Paul,  iil  7.)  Becker 
imagines  that  the  name  was  also  applied  to  slaves 
who  had  the  care  of  the  fountains  and  ponds  in 
gardens.  {OoUus,  vol.  i.  p.  288.)  The  aquarii 
were  also  public  officers  who  attended  to  the  aque- 
ducts under  the  aediles,  and  afterwards  under  the 
cmxUoret  aqtmrmm.  (Cic.  ad  Fam,  viil  6 ;  Zeno, 
Cod,  JusL  xi.  tit  42 ;  Aquaeductus.)     [P.  &] 

A'QCILA      [SlONA  MlLlTARlA.] 

ARA  {fictfi6s,  iaxdpa,  ^wr^ptoy),  an  altar. 
Altars  were  in  antiquity  so  indispensable  a  part  of 
the  worship  of  the  gods,  that  it  seemed  impossible 
to  conceive  of  the  worship  of  the  gods  without 
altars.  Thus  we  have  the  amusing  syllogism  in 
Lucian,  ci  ykp  tlol  /9«»/Aof,  tUrl  koI  ^toP  &\xii 
li^v  fW  i3«/Ao(,  9l(r\y  6pa  koL  ^toi  (Jupiter  Trag, 
c  51).  In  reference  to  the  terms,  fiotfUs  property 
signifies  any  elevation,  and  hence  we  find  in 
Homer  Uf^s  fi^tfiSs,  but  it  afterwards  came  to  be 
applied  to  an  elevation  used  for  the  worship  of  the 
gods,  and  hence  an  altar.    'E<rxdpa  was  used  in 


ARA 
the  limited  sense  of  an  altar  for  bumt-oflTerin^s. 
In  Latin  ara  and  aliare  are  often  used  without 
any  distinction,  but  properiy  ara  was  lower  than 
altare:  the  latter  was  erected  in  hooonr  of  the 
superior  gods,  the  former  in  honour  of  the  inferioxv 
heroes  and  demigodsw  Thus  we  read  in  Virg;il 
(JEWLv.  65):  — 

^  En  quattnor  aram  z 
Ecce  duas  tibi,  Daphni;  duas,  altaria,  Phoebo.** 

On  the  other  hand,  sacrifices  were  ofkted  to  the 
infernal  gods,  not  upon  altars,  but  in  cavitios 
(icrobei^  tcrcUouli^  fiSSpoi,  XdOutoi)  dug  in  the 
ground.     (Festus, «.  v.  AUaria.) 

As  among  the  andents  almost  every  reU^oos 
act  was  accompanied  by  sacrifice,  it  waw  oCten 
necessary  to  provide  altars  on  the  spur  of  the  oc> 
casion,  and  they  were  then  constructed  of  earth, 
sods,  or  stones,  collected  on  the  spot  When  the 
occasion  was  not  sudden,  they  were  boflt  -with 
regular  courses  of  masonry  or  brickwork,  as  is 
clearly  shown  in  several  examples  on  the  oolamn 
of  Trajan  at  Rome.  See  the  left-hand  figure  in 
the  woodcut  annexed.  The  first  deviation  fixran 
this  absolute  simplicity  of  form  consisted  in  the 
addition  of  a  base,  and  of  a  corresponding  pirojec- 
tion  at  the  top,  the  latter  being  intended  to  hold 
the  fire  and  the  objects  offered  in  sacrifice.  These 
two  parts  are  so  common  as  to  be  almost  uniform 
types  of  the  form  of  an  altar,  and  will  be  found  in 
til  the  figures  inserted  underneath. 


-v^t 

ill  X 

1  1  if 

-v^^t 

i     '  i 

Altars  were  either  square  or  roond.  The  lattor 
form,  which  was  the  less  common  of  the  two.  ia 
exemplified  in  the  following  figures. 


In  later  times  altars  were  ornamented  with  fes- 
toons  and  sarlands  of  flowers  ;  and  the  altar  repre- 
sented in  the  next  cut  shows  the  manner  in  which 
these  festoons  were  suspended.  They  were  also 
adorned  with  sculpture ;  and  some  were  covered 
with  the  works  of  the  most  celebrated  artists  of 
antiquity.  The  first  cut  above  exhibits  a  specimen 
of  the  elaborate  style,  the  outline  of  an  Etruscan 
altar,  in  contrast  with  the  unadorned  altar.  If  an 
altar  was  erected  before  a  statue  of  a  god,  it  was 
always  to  be  lower  than  the  statue  before  which  it 


ARATEIA, 

wm  pkeed  (YitniT.  iy.  9).  Of  thii  we  hare  an 
exunpte  in  a  mrdallwin  on  the  Aich  of  Constantine 
at  BoDci,  xcptcaentmg  an  altar  erected  befin  a 
•acae  of  ApofloL    See  the  annexed  cut. 


It  vaa  neeeanry  that  an  ahar  ihoald  be  built 
ia  the  open  air,  in  order  that  the  steam  of  the 
nmSee  in%hi  be  wafted  up  to  heaven,  and  it 
■ight  be  bmlt  in  anj  pboe,  aa  on  the  side  of  a 
Bsantain,  on  the  shore  of  the  sea,  or  in  a  sacred 
j^nre.  Bat  aa  the  worship  of  the  gods  was  in 
later  times  chiefly  connected  with  temples,  altars 
became  an  indispensable  part  of  the  latter,  and 
thoa^  there  could  be  altars  without  temples,  there 
eoald  hnrdly  be  temples  without  altars.  The  altars 
of  bent-ofeings,  at  which  animal  sacrifices  were 
presented,  were  erected  before  the  temples  (i3«^ 
vpw!^  Aeach.  SigyiL  497),  as  shown  in  the  wood- 
cat  in  the  artide  Antab  ;  but  there  were  also 
sltsn,  on  which  incense  was  burnt  and  bloodless 
mrificea  oflered,  within  the  temple,  and  principally 
bdbre  the  statue  of  the  dirinity  to  whom  they  were 
dedicated.  All  altars  were  places  of  refuge.  The 
sappGcnnts  were  considered  as  placing  themselTes 
mder  the  protection  of  the  deities  to  whom  the 
ahan  were  consecrated  ;  and  Tiolence  to  the  unfbr- 
iBBste,  eren  to  skres  and  criminals,  in  such  dr- 
canstancca,  was  regarded  as  riolence  towards  the 
ddtka  themselTes.  It  was  also  the  practice  among 
the  Greeks  to  take  solemn  oaths  at  altars,  either 
tddng  hold  of  the  altar  or  of  the  statue  of  the  god. 
Cicero  {prt>  Balb.  5)  expressly  mentions  this  as  a 
Greek  practice.  (Compu  K.  F.  Hermann,  GcUeB- 
4kM^  AUertk,  d.  GrUckem^  §  17,  and  §  22.  n.  9.) 
ARAEOSTYLOa  [Templum.] 
ARATEIA  (d^cia),  two  sacrifices  offered 
erery  year  at  Sicyon  in  honour  of  Aratus,  the 
aneal  of  the  Achaeans,  who  after  his  death  was 
Mooaredby  his  country  men  as  a  hero,  in  consequence 
of  the  comnauid  of  an  ocade.  (Pans.  iL  9.  §  4.) 
Tbe  fiJl  aeooont  of  the  two  festive  days  is  pre- 
served in  Pfaatarebls  Life  of  Aratus  (c.  53).  The 
SKyoBianBy  myt  he^  ofier  to  AnUoi  two  sacrifices 


ARATKUM.  117 

erety  year:  the  one  on  the  day  on  which  he 
deliTored  his  native  town  from  tyranny,  which 
is  the  fifth  of  the  month  of  Daiuna,  the  sama 
which  the  Athenians  call  Anthestcrion  ;  and  this 
sacrifice  they  call  cmrlifta.  The  other  they  cele- 
brate  in  tbe  month  in  which  they  believe  that  he 
was  bora.  On  the  first,  the  priest  of  Zeus  ofTeied 
tbe  sacrifices  ;  on  the  seeond,  the  priest  of  Aratna, 
wearing  a  white  ribbon  with  purple  spots  in  the 
centre,  songs  being  sung  to  the  lyre  by  the 
actors  of  the  stage.  The  public  teacher  {ypivm- 
viapxos)  led  his  boys  and  youths  in  pioeeasion, 
probably  to  the  heronm  of  Arataa,  followed  by  the 
senators  adorned  with  aarianda,  after  whom  came 
those  dtixens  who  wished  to  join  the  psoccasian. 
The  Sicyoniana  stiU  observe,  be  adds,  some  puis 
of  the  solemnity,  but  the  principal  honours  have 
been  abolished  by  time  and  other  drcumstaacea. 
(Wachsmuth,  HeUm.  AUmrik,  vol.  ii  p^  528.)  [L.S. J 

ARATRUM  (iparpo^)^  a  plough.  The 
Greeks  appear  to  have  had  fiom  the  earliest 
times  diversities  in  the  fmluon  of  their  phaighsi 
Hesiod  {Op.  «i  Ditt^  432)  advises  the  fiurmer  to 
have  always  two  phmfffas,  so  that  if  one  broke  the 
other  mi^ht  be  ready  for  use  ;  and  they  were  to  be 
of  two  kmds,  the  one  called  avr^ywor,  because  in  it 
the  plough-tail  (r^SjlmHa^bmra)  was  of  the  same 
pieoe  of  timber  with  the  share-beam  (fi^ayia,  dloac, 
(iemiaUy  and  the  pole  (^^s,  lorofoc^,  ttmo)  ;  and 
the  other  called  aifardv,  iLa.  compacted,  becaaae  in 
it  the  three  above-mentioned  parts,  which  were 
moreover  to  be  of  three  different  kinds  of  timber, 
were  adjusted  to  one  another,  and  fiwtened  to- 
gether by  means  of  nails  {y6fi/pot^uf),  (Comp. 
UouL  IL  X.  353,  xiii  703.) 

The  method  of  formmg  a  plough  of  the  former 
kind  waa  by  taking  a  young  tree  with  two  branches 
proceeding  from  its  trunk  in  opposite  directions,  so 
that  whilst  in  ploughing  the  trunk  was  made  to 
serve  for  the  pole,  one  of  the  two  branches  stood 
upwards  and  became  the  tail,  and  the  other  pene- 
trated the  ground,  and,  being  covered  sometimes 
with  bronxe  or  iron,  fulfilled  the  purpose  of  a  share. 
This  form  is  exhibited  in  the  uppermost  figure  of 
the  annexed  woodcut,  taken  from  a  medaL    The 


next  figure  shows  the  plough  still  used  in  Mysia, 
as  described  and  delineated  by  Sir  C.  Fellows.  It 
is  a  little  mora  complicated  than  the  first  plough, 
inasmuch  as  it  consists  of  two  pieces  of  timber  in- 
stead of  one,  a  handle  {4x^?<%  $tiva)  being  inserted 
into  the  larger  pieoe  at  one  side  of  it.  SirC.  Fellows 
1  3 


118 


ARATRUM. 


{Eafanum  m  Ama  Mhwr^  1838,  p.  71)  oliMnret 
that  each  portion  of  this  instmmeiit  is  still  called 
by  its  ancient  Greek  name,  and  adds,  that  it  seems 
suited  only  to  the  light  soil  prevailing  where  he 
obsenred  it,  that  it  is  held  by  one  hand  only,  that 
the  farm  of  the  share  (8iw)  laries,  and  that  the 
plough  is  frequently  nsed  without  any  share.  **  It 
IS  drawn  by  two  oxen,  yoked  from  the  pole,  and 
gnided  by  a  long  reed  or  thin  stick  (ic<(rp<M>s), 
which  has  a  spnd  or  scraper  at  the  end  far  cleaning 
the  share.**    See  the  lowest  fignre  in  the  woodcnt 

Another  recent  traveller  in  Greece  gives  the 
following  aoooont  of  the  plough  which  he  saw  in 
that  comitiy — a  description  iq[yproaeliing  still  nearer 
to  the  Ti|irr^r  iporpw  of  Homer  and  Hesiod.  ^  It 
is  composed,**  says  he,  **of  two  curved  pieces  of 
wood,  one  longer  than  the  other.  The  long  piece 
forms  the  pole,  and  one  end  of  it  being  joined  to 
the  other  piece  about  a  foot  horn  the  bottom, 
divides  it  mto  a  share,  which  is  cased  with  iron, 
and  a  handle.  The  share  is,  besides,  attached  to 
the  pole  by  a  short  cross-bar  of  wood.  Two  oxen, 
with  no  other  harness  than  yokes,  are  joined  to  the 
pole,  and  driven  by  the  ploughnuun,  who  holds  the 
handle  in  his  left  hand,  and  the  goad  in  his  right** 
(HobhoDse,  Jomrney  throuffh  AUmnc^^  &&,  vol  L 
p.  140.)  A  view  of  the  plain  of  Elis,  representing 
this  ploDgh  in  use,  is  given  by  Mr.  &  Stanhope  in 
hisO/yiR;»a(pL42). 

The  yoke  and  pole  nsed  anciently  in  ploughing 
did  not  diifer  from  those  employed  for  draught  in 
generaL  Consequently  they  do  not  here  require 
any  further  description.  [Juqum.]  To  the  bottom 
of  the  pole,  in  the  compacted  plough,  was  attached 
the  ptough-iaU,  which,  according  to  Hesiod,  might 
be  made  of  any  piece  of  a  tree  (especially  the 
wpofos^  L  e.  the  ilex,  or  holm-oak),  the  natural 
curvature  of  which  fitted  it  to  this  use.  But  in 
the  time  and  country  of  Viigil  pains  were  taken 
to  force  a  tree  into  that  form  which  was  most  ex- 
actly adapted  to  the  purpose.  {Gtorg.  i  1 69, 170.) 
The  upper  end  of  the  bnris  being  held  by  the 
ploughnum,  the  lower  part,  below  its  junction  with 
the  pole,  was  used  to  hold  the  Aare-beam,  which 
was  either  sheathed  with  metal,  or  driven  bare  into 
the  ground,  according  to  circumstances. 

To  these  three  continuous  and  most  essential 
parts,  the  two  following  are  added  in  the  descrip- 
tion of  the  plough  by  Viigil :  — 

1.  The  earth-loards,  or  motdd-loards  (aures\ 
rising  on  each  side,  bending  outwardly,  in  such  a 
manner  as  to  throw  on  either  hand  the  soil  which 
had  been  previously  loosened  and  raised  by  the 
share,  and  adjusted  to  the  share-beam  which  was 
made  double  for  the  purpose  of  receiving  them : — 

^  Binae  aunt,  duplici  aptantur  dmtalia  dorso.** 

According  to  Palladius  (i.  43),  it  was  desirable  to 
have  ploughs  both  with  earth-boards  {aurita)  and 
without  them  (timplida). 

2.  The  hamlU  (stiva),  which  is  seen  in  Fel- 
low8*8  woodcut,  and  likewise  in  the  following  re- 
presentation of  an  ancient  Italian  plough.  Virgil 
considers  this  part  as  used  to  turn  the  plough  at 
the  end  of  the  furrow.  "  Stivaque,  quae  cumis  a 
tergo  torqueat  imos.**  Servius,  however,  in  his 
note  on  this  line  explains  riiva  to  mean  "  the 
handle  by  which  the  plough  is  directed.**  It  is  pro- 
bable that,  OS  the  dentaUa,  i.  e.  the  two  share-beams, 
which  Virgil  supposes  were  in  the  form  of  the 
Greek  letter  A,  which  he  describes  by  duplici  dono^ 


ARATUUM.  • 
the  bmis  was  fastened  to  the  left  share-beam,  and 
the  stiva  to  the  right,  so  that,  instead  of  the  simple 
plough  of  the  Greeks,  that  described  by  Virgil,  and 
used,  no  doubt,  in  his  countiy  (see  the  following 
woodcut),  was  more  like  the  modem  Lancashire 
plough,  which  is  commonly  held  behind  with  both 
hands.    Sometimes,  however,  the  strra  (ix^^Vj 
Hes.  Op.  et  JXes,  467)  was  used  alone  and  instead 
of  the  tail,  as  in  the  Mysian  plough  above  repre- 
sented.    To  a  plough  so  constructed  the  ku^uage 
of   Columella  was  especially  applicable,  **  Anitor 
stivae  paene  rectus  innititnr**  (i.  9)  ;  and  the  ex- 
pressions  of  Ovid,  **  Stivaeque  innixus  azator  ** 
(AfeL  viii  218),  and  **  Inde  premens  stivam  de- 
signat  moenia  sulco.**  (Fast,  iv.  825.)    In  place  of 
**•  stiva,**  Ovid  also  uses  the  less  appropriate  term 
**  capulus**  (Ep.  de  Pontoy  L  8.  61)  ;  **  Ipse  manu 
capuliun  prensi  moderatns  aiatri.**  When  the  plough 
was  held  either  by  the  stiva  alone,  or  by  the  buns 
alone,  a  piece  of  wood  (maniada)  was  fixed  across 
the  summit,  and  on  this  the  kbourer  pressed  with 
both  hands.     Besides  guiding  the   plough  in  a 
straight  Ime,  his  duty  was  to  force  the  aluire  to  a 
sufficient  depth  into  the  soil   Virgil  allades  to  this 
in  the  phrase  **  Depresso  aratro  **  (Cfeoiy.  I  45). 
The   cross-bar,  which  is  seen  in  Mr.  Fellows^s 
drawing,  and  mentioned  in  Sir  J.  C.  Hobhouse's 
description,  and  which  passes  from  the  pole  to  the 
share  for  the  purpose  of  giving  additional  strength, 
was  called  tfw^Uhy,  in  Latin  /klcntm.    The  coulter 
(cuUer,  Plin.  H.  M  xviiL  48)  was  used  by  the 
Romans  as  it  is  with  us.     It  was  mserted  mto  the 
pole  so  as  to  depend  vertically  before  the  share, 
cutting  through  the  roots  which  came  in  its  vniy, 
and  thus  preparing  far  the  more  complete  loosening 
and  overturning  of  the  soil  by  the  share. 

About  the  tune  of  Pliny  two  small  wheels  (rotoej 
rohdae)  were  added  to  the  plough  in  Rhaetia  ;  and 
Servius  (/.  e.)  mentions  the  use  of  them  in  the 
countiy  of  VixgiL  The  annexed  woodcut  shows 
the  form  of  a  wheel-plough,  as  represented  on  a 
piece  of  engraved  jasper,  of  Roman  vrorkmanship 
It  also  shows  distinctly  the  tano  or  pole,  the 
coulter  or  eultoTj  the  dentale  or  share-beam,  the 
buris  or   plough-tail,  and    the  handle  or  afteo. 


(Caylus,  Itec,  d*Ani,  t.  pi.  83.  No.  6.)     It  coi- 
rcsponds,  in  all  essential  particulars,  with  the 


ASGHIATER. 

fbagh  Bov  used  «boat  Mantua  and  Yenioe,  of 
•which  aa  e^gniTiiig  h  giren  aboTC.  1.  Bona 
2L  TcsML  3.  Peaiale.  4.  Colter.  &.  Vomer. 
€L  Aorei. 

Reayectuy  the  opeiatioii  of  ploaghina,  lee 
Afiucut-TURji,  p»  4a  [J.  Y.] 

A-RBITER.     [JuoKX.] 

ARBITRAllIA  A'CTIO.    [Actio.] 

ARCA,  a  ckesi  or  coffer.  —  LA  chest,  in  whkh 
the  BinwM  wexe  aocBstomed  to  place  their  monejr: 
the  phme  ««  arva  miioorB  had  the  meaning  of 
pajiBg  IB  leadj  money.  (Comp.  Cic.  ad  AtL  i 
d.)  These  chesta  were  either  made  of  or  bound 
with  ii«i»  or  other  metala.  (Jot.  zL  26,  xiy.  259.) 
The  name  an»  vaa  vaoallj  giren  to  the  chesti 
ID  whidi  the  rich  kept  their  money,  and  was  op- 
poMd  to  the  smalkr  locuU  (Jav.  i.  89),  tacosla* 
(Jar.  zi  26),  and  crmtma. 

2.  Arva  fmbiica  was  nied  nnder  the  empire  to 
sigsify  the  dtj-fbnds»  which  were  distinct  from 
the  aennam  and  the  fisciis,  and  the  administia- 
taoQ  of  which  helooged  to  the  senate.  (Vopiac 
AmrtL  20.)  The  name  area  was,  however,  also 
oed  as  eqiuvaknt  to  fiscat^  that  is,  the  imperial 
tnuDiy :  thna,  we  read  of  the  area  fnamudana^ 
fobuaia^  So,      (Symm.  x.  33  ; 


ARCHIATER. 


n» 


spare  Die.  50.  tiL  4.  a  1.) 
3.^faBa]80i~ 


»  Bgnififd  the  coffin  in  which  penons 
(Anr.  Vict  !)•  Fir.  ML  42 ;  Loom, 
rm.  736>,  or  the  hier  on  which  the  corpse  was 
placed  pRvioBsly  to  hwiaL  (Dig.  11.  tit  7.  a  7.) 
4.  It  waaalsoastrongcellmadeof  oak,  in  which 
oanada  and  slaves  were  confined.  (Cic.  Pro 
Mihm.  c 22  ;  Festus,  ao.  Rdmm.) 

A'RCEBA,  a  covered  carriage  or  litter,  spread 
vish  doChs,  which  was  nsed  in  ancient  times  in 
BoEsey  to  cany  the  aged  and  infinn.  It  is  said  to 
hne  obtained  the  name  of  arcera  on  account  of  its 
ursfmMance  to  an  area.  (Vair.  L.  JL  v.  140,  ed. 
HSBer  ;  OelL  xr.  1.) 

ARCHEION  (ipx^'oi^)  properly  means  any 
pcHk  piaee  hdongbg  to  the  magistrates  (comp. 
Hood.  iv.  €2X  hot  was  more  particuUvly  applied 
at  Athens  to  the  archive  office,  where  the  decrees 
of  the  peo^  and  other  state  documents  were  pre- 
loved.  This  office  is  sometimes  called  merely  t^ 
S^^nssr.  (Dem.deCbr.p.275.)  At  Athens  the 
iftfahres  were  kept  in  the  temple  of  the  mother  .of 
tbe  goda  (jtifrp^^y,  and  the  chaige  of  it  was  in- 
tosMed  to  the  president  (ivurrArris)  of  the  senate 
of  theKve-hondred.  (Dem.  <U  FaU  Leg.  p.  381, 
tmAriatoff.  L  p.  799  ;  Pans.  L  3.  §  4.) 

ARCHIA'TER  {ipx^pos^  compounded  of 
Vx^  «  ^VX^9  *  chief,  and  larp6s^  a  physician), 
a  medical  title  under  the  Roman  emperars,  the 
eiact.  signification  of  which  has  been  the  subject 
of  moch  discussion ;  fiv  while  some  persons  in- 
ttrpret  it  **  the  chief  of  the  physicians  ^  (gutui 
Vx«*'  '"M'  tarpAp)  others  explain  it  to  mean  **  the 
chyskian  to  the  prince**  {quad  rod  ipxot^os 
lorp^s).  Upon  the  whole  it  seems  tolerably  cer- 
tun  that  the  fonner  is  the  true  meaning  of  the 
«txd,  and  lor  these  reasons :  —  I.  From  its  ety- 
Bokgy  it  can  hardly  have  any  other  sense,  and 
of  sfl  the  words  similarly  fimned  (Apx'T^CTflfr, 
ipX"'P^>*^^^i'0'»  d^icruraorof,  &c)  there  is  not 
one  that  has  any  reference  to  '^  t&s  prineey  2.  We 
fbd  the  title  applied  to  physicians  who  lived  at 
Edesaa,  Alexandria,  &&,  where  no  king  was  at 
that  dniere%ning.  3.  Oalen  (de  J%er,  ad  Pis,  c  1, 
vol  ST.  pu  21 1,  ed.  KGhn)  speaks  of  Andromachos 


heh^  appomted  ''lo  rmk  cmr"^  the  physidaaa 
{Ikpxw^ue^  in  iact,  to  be  «* arehiater."  4.  An- 
gustiae  {De  CbriL  M,  iii.  17)  applies  the  word  to 
Aeaenlapins,  and  St  Jerome  (metaphoricaUy  of 
couse)  to  oar  Saviour  (xiii  HimdL  ta  S,  lmc\ 
m  both  which  eases  it  evidently  neans  **  the  chief 
physician.**    &  It  is  apparently  synonymous  with 


aU  which  < 
inscriptians,  4te^  and  also  with  the  title 
RaiM  'aia  't^Otbbd,  among  the  Aabiaaa  6.  We 
find  the  names  of  seveial  persons  who  were  phy- 
sicians to  the  emperor,  mentioned  without  the  ad- 
dition of  the  title  ordUo^.  7.  The  areh^tri  were 
divided  into  ArekkOri  mmeU  palaHi,  who  attended 
on  the  emperor,  and  AreUairi  popmlarm,  who  at- 
tended on  the  peo|ple ;  so  that  it  is  certain  that  aU 
those  who  bote  this  title  were  not  **  physicians  to 
the  prmae.^  The  chief  argument  in  lavonr  of  the 
oontsaiy  opmion  seems  to  arise  from  the  fret,  that 
of  all  those  who  are  known  to  have  heU  the  office 
of  AnUairi  the  greater  part  oertainlv  wen  also 
physicians  to  the  emperor  ;  bat  this  is  only  what 
might  a  priori  be  expected,  vis.  that  those  who 
had  attained  the  highest  rank  m  their  profession 
would  be  chosen  to  attend  upon  the  prince.  * 


The  first  person  whom  we  find  bearing  this  title 
is  Andromachos,  physician  to  Nero,  and  inventor 
of  the  Tberiaca  (Oalen.  Le,  ;  £rotian.  Lete.  Voe. 
Hippoer.  Praet) :  but  it  is  not  known  whether  he 
had  at  the  same  time  any  sort  of  authority  over  the 
rest  of  the  pn^iession.  In  fi^t,  the  hiitoiy  of  the 
title  is  as  obscure  as  its  meaning,  and  it  is  chiefly 
by  means  of  the  laws  respecting  the  medical  pro- 
fusion that  we  learn  the  rank  and  duties  attached 
to  it  In  after  times  (as  was  stated  above)  the 
order  appears  to  have  been  divided,  and  we  find 
two  distinct  classes  of  archiatri,  vis.  those  of  the 
pahuio  and  those  of  the  people.  (Cod.  Theodos. 
xiii  tit  3 ;  De  Medieu  ei  Pn^tmibme,)  The 
arddatri  mmeHpalaiU  were  persons  of  high  rank, 
who  not  only  exercised  their  profession,  but  were 
judges  on  occasion  of  any  disputes  that  might  occur 
among  the  physicians  of  the  place.  They  had 
certain  privileges  granted  to  them, «.  p,  ihtj  were 
exempted  from  sll  taxes,  as  were  also  their  wives 
and  children ;  they  were  not  obliged  to  lodge 
soldiers  or  others  in  the  provinces ;  they  could  not 
be  put  in  prisjn,  Slc  ;  for  though  these  privileges 
seem  at  first  to  have  been  common  to  all  physicians 
{Cod.  Just  X.  tit  52.  s.  6.  Medieoe  ei  manme 
ArcUairoe)^  yet  sfterwards  they  were  confined  to 
the  archiatri  of  the  palace,  and  to  those  of  Rome. 
When  they  obtained  their  dismissal  from  attend- 
ance on  the  emperor,  either  from  old  age  or  any 
other  cause,  they  retained  the  title  «#-<irdlMi6t, 
or  ex-arekiairie,  (Cod.  x.  tit  62.  leg.  6.)  The 
oroUo^rs  pcptdaree  were  established  for  the  relief 
of  the  poor,  and  each  city  was  to  be  provided  with 
five,  seven,  or  ten,  according  to  its  sixe.  (Dig. 
27.  tit  1.  a  6.)  Rome  had  fourteen,  besides  one 
for  the  vestal  virgins,  and  one  fiir  the  gymnasia. 
(Cod.  Theodos.  L  &)  They  were  paid  by  the  go- 
vernment, and  were  therefore  obliged  to  attend 
their  poor  patients  gratis  $  but  were  allowed  to  re- 
ceive fees  from  the  rich.  ((>>d.  Theodos.  I.  cw)  The 
archiatri  popnlares  were  not  appointed  by  the 

*  Just  as  in  England  the  President  of  the  Col- 
lege of  Physicians  is  (ox  used  to  be)  ex-officio  phy* 
sician  to  the  sovereign. 

I  4 


120 


ARCHITECTURA. 


goTenum  of  the  proTuices,  bat  were  elected  hj  the 
people  themaeWet.  (Dig.  50.  tit  9.  b.  1.)  The 
office  appears  to  have  been  more  lucrative  than  that 
of  azchiatri  aancti  palatii,  though  lew  honourable. 
In  Uter  timet,  we  find  in  CaMiodonu  (lee  Meibom. 
QmmeiU.  m  Cats.  FormmL  Arehiair.  Helmst  1668) 
the  title  "  comes  archiatrorom,**  *^countof  the  arch- 
iatri,*^  together  with  an  account  of  his  duties,  by 
which  it  appears  that  he  was  the  arbiter  and  judge 
of  all  disputes  and  difficulties,  and  ranked  among 
the  officers  of  the  empire  as  a  moarnu  or  dta. 
(See  Le  Clerc,  and  Sprengel,  Hitt,  de  la  Med, 
Farther  information  on  the  subject  maj  be  found 
in  seyeral  works  referred  to  in  the  Oxford  edition 
of  TheophHus  De  Corj).  Hum,  Fabr,  p.  275  ;  and 
in  Ooldhom,  De  ArdUatria  Romame  et  eorum  Ori- 
gme  utque  ad  fnem  imperii  Bomam  OocidentaHs, 
Lips.  1841.)  [W.A.G.] 

ARCHIMI'MUS.     [MiMua.] 

ARCHITECTU'RA  {ipx^rti^wla,  Apx"-**- 
rwuHi)^  in  its  widest  sense,  signifies  all  that  we 
understand  by  arehiieolurey  and  by  civil  and  mili- 
tary engineering :  in  its  more  restricted  meaning,  it 
is  the  science  of  building  according  to  the  laws  of 
proportion  and  the  principles  of  heauty.  In  the 
former  sense,  it  has  its  foundation  in  necetntg  :  in 
the  latter,  upon  art  taking  occasion  finom  necessity. 
The  hut  of  a  savage  is  not,  properly  speaking,  a 
work  of  architecture;  neither,  on  the  other  hand, 
is  a  building  in  which  different  and  incongruous 
styles  are  exhibited  side  by  side.  An  architectural 
construction,  in  the  artistic  sense,  must  possess  not 
only  utility^  but  beoMty^  and  also  unity:  it  must  be 
suggestive  of  some  idea^  and  referable  to  some 
modd. 

The  architecture  of  every  people  is  not  only  a 
most  interesting  branch  of  its  antiquities,  but  also 
a  most  important  feature  in  its  histoiy ;  as  it  forms 
one  of  the  most  durable  and  most  intelligible  evi- 
dences of  advancement  in  civilization.  If  the 
Greek  and  Roman  literature  and  history  had  been 
a  bUuik,  what  ideas  of  their  knowledge,  and  power, 
and  social  condition  would  their  monuments  have 
still  suggested  to  us  I  What  a  store  of  such  ideas 
is  even  now  being  developed  fi:om  the  monuments 
of  Asia,  Egypt,  and  America  1 

The  object  of  the  present  article  is  to  give  a  very 
compendious  account  of  the  history  and  principles 
of  the  art,  as  practised  by  the  Greeks  and  Romans. 
The  details  of  the  subject  will  be,  for  the  most 
part,  referred  to  their  separate  and  proper  heads. 
The  lives  of  the  architects  will  be  found  in  the 
Dictionary  of  Greek  and  Roman  Mythology  and 
Biography. 

It  is  well  observed  by  Stie^tz  that  architecture 
has  its  origin  in  nature  and  religion.  The  neces- 
sity for  a  habitation,  and  the  attempt  to  adorn  those 
habitations  which  were  intended  for  the  gods,  are 
the  two  causes  from  which  the  art  derives  its  ex- 
istence. In  eariy  times  we  have  no  reason  to  sup- 
pose that  much  attention  was  paid  to  domestic 
architecture,  but  we  have  much  evidence  to  the 
contrary.  The  resources  of  the  art  were  lavished 
upon  the  temples  of  the  gods ;  and  hence  the 
greater  part  of  the  history  of  Grecian  architecture 
is  inseparably  connected  with  that  of  the  temple, 
and  has  its  proper  place  under  Txmplum,  and  the 
subordinate  headings,  such  as  Column  a,  under 
which  heads  also  the  different  orders  are  described. 

But,  though  the  first  rise  of  architecture,  as  a 
fine  art,  is  connected  with  the  temple,  yet,  viewed 


ARCHITECTURA. 

88  the  science  of  constmction,  it  must  baTe  been 
employed,  even  earlier,  for  oth^  purposes,  nich  as 
the  erection  of  fortifications,  paboes,  treasiiTi<»,  and 
other  woiks  of  utility.  Accordingly,  it  is  the 
general  opinion  of  antiquaries,  that  the  very  earliest 
edifices,  of  which  we  have  any  remains,  are  the  so- 
called  Cyclopean  works,  m  which  we  see  hnge 
unsquared  blocks  of  stone  built  together  in  the  best 
way  that  their  shapes  would  allow ;  although  it 
can  be  proved,  in  some  instances,  that  the  rudeness 
of  this  sort  of  work  is  no  sufficient  proof  of  its  very 
eariy  date,  for  that  it  was  adopted,  not  from  want 
of  skill,  but  on  account  of  the  object  of  the  work, 
and  the  nature  of  the  materials  employed.  (Bon- 
bury,  On  Cydopean  Remtmu  in  Cadndltaiyy  in  the 
OEa]n»ca/^1ftue«m,vol.ii.)  [MuR us.]  The  account 
of  the  early  palaces  cannot  well  be  separated  from 
that  of  domestic  architecture  in  general,  -and  is 
therefore  given  under  Dom  us  ;  that  of  erections  in- 
tended, or  supposed  to  be  intended,  for  treasuries, 
will  be  found  under  Thb8AURU8. 

In  addition  to  these,  however,  there  axe  other 
purposes,  for  which  architecture,  still  using  the 
term  in  its  lower  sense,  would  be  required  in  a 
very  eariy  stage  of  political  society ;  such  as  the 
general  arrangement  of  cities,  the  provision  of 
a  jJace  for  ue  transaction  of  public  business, 
with  the  necessary  edifices  appertaining  to  it 
[AooRA,  Forum],  and  the  whole  class  of  works 
which  we  embrace  under  the  head  of  civil  en- 
gineering, such  as  those  for  drainage  [Cvoaca^ 
EifissARius],  for  communication  [Vijl,  Pons], 
and  for  the  supply  of  water  [  Aquabductus].  The 
nature  of  these  several  wcoks  among  the  Greeks 
and  Romans,  and  the  periods  of  their  development, 
are  described  under  the  several  articles.  Almost 
equally  necessary  are  places  devoted  to  public  ex- 
ercise, health,  and  amusement,  Gymnasium,  Sta- 
dium, HippODROMus,  Circus,  Balnbum,  Thba- 
trum,  Amphitubatrum.  Lastly,  the  skill  of 
the  architect  has  been  finom  the  eariiest  times  em- 
ployed to  preserve  the  memory  of  departed  men 
and  post  events ;  and  hence  we  have  the  various 
works  of  monumental  and  triumphal  architecture, 
which  are  described  under  the  heads  Funus, 
Arcus,  Columna. 

The  materials  employed  by  the  architect  were 
marble  or  stone,  wood,  and  various  kinds  of  earth, 
possessing  the  property  of  being  plastic  while  moist 
and  hardening  in  drying,  vn&  cement  and  metal 
clamps  for  fastenings :  the  various  metals  were  also 
extensively  used  in  the  way  of  ornament.  The  de- 
tails of  this  branch  of  the  subject  ore  given  in  the 
descriptions  of  the  several  kinds  of  building. 

The  prindples  of  architectural  science  are  utHity, 
proportion^  and  the  imitation  of  nature.  The  fint 
requisite  is  that  every  detail  of  a  building  should 
be  subordinate  to  its  general  purpose.  Next,  the 
form  of  the  whole  and  of  its  parts  must  be  derived 
from  simple  geometrical  figures;  namely,  the  straight 
line,  the  plane  surface,  and  regular  or  symmetrieil 
rectilinear  figures,  as  the  equilateral  or  isosceles 
triangle,  the  square  or  rectangle,  and  the  regular 
polygons ;  symmetrical  curves,  as  the  circle  and 
ellipse  ;  and  the  solids  arising  out  of  these  various 
figures,  such  as  the  cube,  the  pyramid,  the  cylinder, 
the  cone,  the  hemisphere,  dec  Lastly,  the  oma- 
ments,  by  which  these  forms  are  relieved  and 
beautified,  must  all  be  founded  either  on  geo- 
metrical forms  or  on  the  imitation  of  nature. 

To  this  outline  of  the  purposes  and  principlei  of 


ARCHITBCTURA. 


ARCHON. 


131 


tke  arty  it  obI J 


I  to  tiib}«Hii  a  Inef  iketch  of 


toBljra 

its  hstoij,  wU^  Hirt  and  HUllear  diride  into  £▼« 
pehodi :  tke  iiat,  wliich  is  cliieA j  mythical,  comet 
dim  to  tha  tine  of  CypMlna,  OL  30,  &  a  660 
(Mulkr  bdi^  tlda  period  down  to  the  50th  Olym- 
piad, &  G  5d0) :  the  aecond  period  ooBDea  down  to 
the  tenaoistion  of  the  Penian  war,  OL  75.  2,  && 
478  (MuBer  hrii^  it  down  to  OL  80,  B.  c  460)  : 
the  ^iid  M  the  hriPiant  period  from  the  end  of  the 
PeniBB  war  to  the  denth  of  Akzander  the  Oxeat, 
OL  114,  &C.  323  (HUDer  doaca  thia  period  with 
the  death  of  Philip,  OL  1 11,  &&  336) :  the  fomth 
paipd  is  biWH^t  doam  by  Hirt  to  the  battle  of 
AcdniB,  &  c  31,  but  by  Muller  only  to  the 
Booan  oonqneat  of  Greeoe,  &a  146;  the  ktter 
drnaaoa  haa  the  conTenicnce  of  making  the  tian- 
utkiB  feoaa  Greek  to  Roman  arehitectnie :  Hirfk 
&3h  period  ia  that  of  the  Roman  empire,  down  to 
the  (Micatinn  of  Conatantinople,  a,  d.  330 ;  while 
MiBer'^  fifth  period  embmrea  the  whole  hiatoiy  of 
RaoBa  aidiitectoFe,  from  the  time  when  it  bc^an 
t»  zaitaie  the  Greek,  down  to  the  middle  aget, 
Thrn  it  became  milled  with  the  Gothic :  Hirfk 
diriaga  nqnirea  na  to  dimw  a  more  definite  line  of 
rfpamri  ifiua  than  is  poaeible,  between  the  Roman 
aad  Byzantxae  styiei,  and  alao  pJaoea  that  line  too 


The  chametoriatics  of  theae  serenl  periods  will 
"be  deTelaped  nnder  the  artidea  which  describe  the 
•evKal  daaaea  of  boildmas:   they  are  therefore 
aotio^  in   this  place  with  the  utmost  possible 
Werity.  Onrinlanialifln  respecting  the  first  period 
ii  denred   from   the   Homeric  poems,  the  tiadi- 
by  other  writers,  and  the  most 
Qta  of  Greece,  Central  Italy,  and 
the  eoaat  of  Asia  IClnor.     Strongly  fortified  rides, 
pilaeea,  and  tRnsoriea,  are  the  chief  works  of 
the  eaiCcr  part  of  thia  period ;  and  to  it  may  be 
rrftned  aaost  of  the  so-called  Qydopean  remains  ; 
vhile  the  en  of  the  Dorian  inrasion  marks,  in 
aQ  probilHlity,  the  commencement  of  the  Dorian 
■trie  of  temple  architecture.    The  prindpal  names 
ef  arti^  belonging  to  this  period  are  Daedalus, 
EaxyafaH,  Hypcrbina,  Dodas,  and  some  others    In 
the  leoood  period  the  art  made  rspid  adfances 
vaia  ^Mt  powetfiil  patronage  of  the  aristooadea 
a  Mme  dties,  as  at  Sparta,  and  of  the  tyrants  in 
ethos,  .aa  Cypadns  at  Corinth,  Theagnes  at  Megan, 
CieiAheaes  at  Sicyon,  the  Peisistiatids  at  Athena, 
aad  Polyoatea  at  Samoa.    Aidkitectme  now  as> 
'  deridedly  the  charseter  of  a  fine  art,  and 
t  associated  with  the  sister  arts  of  scnlptnre 
aad  paiaring^  which  are  essential  to  its  devdop> 
B0it    The  temples  of  particular  deities  were  en- 
xkhed  and  adonied  by  presents,  sach  as  those 
vhich  Croesaa  aent  to  6»e  Pjrthian  Apollo.    Mag- 
Kfioeat  tesaples  sprai^  op  in  all  the  prindpal 
Oie^  dties;  and  while   the  Doric  order  was 
braght  almost,  if  not  quite,  to  perfection,  in  Greeoe 
Ptdikk;  m  the  Doric  colonies  of  Asia  Minor,  aad 
ia  Ceotml  Italy  and  Sidly,  the  Ionic  order  ap- 
pealed, ahcady  perfect  at  its  first  invention,  in  the 
gnat  tcBf^  of  Artemis  at  Ephesna.    The  ruins 
a3I  existing  at  Ptestum,  Syxacnse,  Agrigentum, 
Sdiaas,  Aegina,and  other  places,  are  imperishable 
SHfinflMnts  of  ihia  period.    Nor  were  worics  of 
itility  neglected,  as  we  see  m  the  finintain  of  the 
Paaatratids  at  Athens,  the  aqnoduct  at  Samoa 
[A4FAXD0CTU8],the  sewers  (iHr^r^iot)  and  hatha 
(oAayifl^pa)  at  Agrigentum.     To  diis  period  also 
bdflogthegRai  works  of  the  Reman  kmg*.    The 


of  the  third  aad  most  briOiaat 
period  of  the  art  was  signalised  by  the  lebnilding 
of  Athens,  the  establishment  of  legnhur  prindples 
for  the  laying  out  of  dties  by  Hippodamns  of  Mile- 
tus, aad  the  great  wofks  of  the  age  of  Perides,  by 
the  contemporsries  of  Pheidias,  at  Athena,  Beusis, 
aad  Olympia  ;  during  ita  coarse  OTeiy  dty  of 
Greeoe  and  her  eohmies  was  adorned  with  splendid 
edifiees  of  ereiy  description  ;  aad  its  tenaination 
is  marked  by  the  magufieent  worics  of  Deiaocratea 
aad  his  contemporaries  at  Aleiandria,  Antiocfa, 
and  other  cities.  The  first  part  of  the  fourth  pe» 
riod  saw  the  eztensian  of  the  Greek  aichitectare 
oyer  the  eountriea  eooquered  by  Alenndcr,  and, 
in  the  Weat,  the  eommeneemcnt  of  the  new  style, 
which  arose  from  the  imitittiimt  with  some  alter- 
ations,  of  the  Greek  fiama  by  Rooaan  ardiitects, 
to  which  the  conquest  of  Greece  gave,  of  course, 
a  new  impulse;  By  the  time  of  Augustus,  Rome 
was  adorned  with  every  kind  of  public  mid  pri- 
Tate  edifiee,  sunounded  by  villas,  and  fomisbed 
with  roads  and  aqoeductt ;  and  these  various 
erections  were  adorned  by  the  fiama  of  Gieciaa 
art ;  but  already  Vitiuvius  begins  to  eomplain  that 
the  parity  of  that  art  is  eoimpted  by  the  intenniz- 
tore  of  heterogeneous  fonns.  This  ntoeess  of  dete- 
riomtion  went  on  rapidly  during  the  fifth  period, 
though  combined  at  fint  with  increaaing  mag- 
nificwice  in  the  scale  aad  number  of  the  buildinga 
erected.  The  eariy  part  of  this  period  is  made  illua- 
tiioasby  the  numerous  woriu  of  Augustus,  aad  his 
successors,  espedally  the  Flavii,  Nerva,  Trajan, 
Hadrian,  and  the  Antonines,  at  Rome  and  in  the 
pnvinoes  ;  but  from  the  time  of  the  Antonines  the 
dedine  of  the  art  was  nmid  and  decided.  In  one 
department,  a  new  oapube  was  given  to  architec- 
ture by  the  riae  of  Christian  churches,  which  were 
generally  buDt  on  the  model  of  the  Roman  Basilica. 
One  of  the  most  splendid  specimens  of  Christian 
ardiitectnre  is  the  church  of  S.  Sophia  at  Constan* 
tinople,  buHt  in  the  reign  of  Justinian,  a.  jk  537, 
and  restored,  after  its  partial  destruction  by  an 
earthquake,  in  554.  But,  long  before  this  time, 
the  Greco-Roman  style  had  become  thoroughly 
coiTupted,  and  that  new  style,  which  is  called  the 
Byzantine,  had  arisen  out  cf  the  mixture  of  Roman 
aichitecture  with  ideas  derived  fima  the  Northem 
nations.  It  is  beyond  our  limits  to  pursue  the 
history  of  this  and  later  styles  of  the  art 

Of  the  ancient  wrilen^  fi»m  whom  our  knowledge 
of  the  subject  is  derived,  the  most  hnportant  is,  of 
course,  Vitmrins.  The  following  are  the  prindpal 
modem  woiks  on  the  genenl  subject :  —  Winckel« 
mann,  Amnerien^ffm  iiler  die  Bamkmii  der  Aflem^ 
1762;  Stieglits,  ^fvAiioJc^M  der  Baukmnst,  1801, 
and  G^aaUbtoiierBaaiMai^  1827;  Hirt,  Boaifcaiu^ 
aoei  dm  Gnrndeatun  der  AUen,  1809,  and  G'es- 
oUeto  derBoMkmut  beiden  AUem,\d2\\  MOUer, 
Hamdbuek  der  Arckaologie  der  Kwut,  1825  ;  the 
various  works  of  travels,  topogrqihy,  and  anti- 
quities, such  as  those  of  Stuart,  Chandler,  Clarke, 
Dodwell,  &&,  all  the  most  important  of  which 
will  be  found  dted  by  the  authorities  referred  to ; 
and,  for  Central  Italy,  MfiUer'k  Etrmker,  and 
Abeken'k  MtUeUialiem  tfor  der  Ilomeeekem  Herr» 
mAa/i.  [P.S.] 

ARCHITHEO'RUS.    [Dmlia.] 

ARCHON  (^XM")*  The  govenmieni  of 
Athens  appears  to  have  gone  through  the  cyde  of 
changes,  which  andent  history  records  as  the  lot  of 
many  other  states.    It  began  with  monaaxhy ;  and 


122 


ARCHON, 


after  paaaing  ihiongh  a  dynaaty  *  and  arutoeracy, 
ended  in  democracy.  Of  the  kings  of  Athens,  con- 
sidered as  the  capital  of  Attica,  Theseus  may 
be  said  to  hare  been  the  first ;  for  to  him 
whether  as  a  real  individual  or  a  representatiTe 
of  a  certain  period,  is  attributed  the  union  of  the 
different  and  independent  states  of  Attica  under 
one  head.  (Thuc  ii  16.)  The  last  was  Codrus ; 
in  acknowledgment  of  whose  patriotism  in 
meeting  death  for  his  country,  the  Athenians 
are  said  to  have  determined  that  no  one  should 
succeed  him  with  the  title  of  JScktiXc^s,  or  king. 
It  seems,  however,  equally  probable,  that  it  was 
the  nobles  who  availed  themselves  of  this  oppor- 
tunity to  serve  their  own  interests,  by  abolish- 
ing the  kingly  power  for  another,  the  possessors  of 
which  they  called  jfipx^"^*'*  or  rulers.  These  for 
some  time  continued  to  be,  like  the  kings  of  the 
house  of  Codrus,  appointed  for  life :  still  an  impor- 
tant point  was  gained  by  the  nobles,  the  office 
being  made  &irtMwos,  or  accountable  (Paua.  iv.  5. 
§  4  ;  Dem.  c  Neaer,  p.  1370  ;  Atistot  FoUt.  il 
9 ;  Btfckh,  Pub,  Eoon,  if  Aikent,  vol.  ii.  p.  27. 
1st  ed.),  which  of  course  implies  that  the  nobility 
had  some  control  over  it ;  and  perhaps,  like  the 
barons  of  the  feudal  ages,  they  exercised  the  power 
of  deposition. 

Tlus  state  of  thmgs  ksted  for  twelve  reigns  of 
aichons.  The  next  step  was  to  limit  the  continu- 
ance of  the  office  to  ten  years,  still  confining  it  to 
the  Medontidae,  or  house  of  Codrus,  so  as  to  esta- 
blish what  the  Greeks  called  a  dynaaty,  till  the 
archonship  of  Eiyxias,  the  last  archon  of  that  family 
elected  as  such,  and  the  seventh  decennial  archon. 
(Clinton,  F,  H,,  vol.  i.  p.  1 82.)  At  the  end  of  his 
ten  years  (a  c.  684),  a  much  greater  change  took 
phuse:  the  aichonship  was  made  annual,  and  its 
various  duties  divided  among  a  college  of  nine, 
chosen  by  suffrage  (x^iporotfla)  from  the  Eupar 
tridae,  or  Patricians,  and  no  longer  elected  from  the 
Medontidae  exclusively.  This  arrangement  con- 
tinued till  the  timocracy  established  by  Solon,  who 
made  the  qualification  for  office  depend  not  on 
birth,  but  property,  still  retaining  the  election  by 
suffrage,  and,  according  to  Plutarch,  so  for  im- 
pairing the  authority  of  the  archons  and  other 
magistrates,  as  to  legalise  an  appeal  from  them 
to  the  courts  of  justice  instituted  by  himself. 
(*Oa'o  reus  hpXM  ira^t  Kpivtiv,  6fiola»s  icol  rcpl 
iietlimif  €ls  rh  tiKorrtipwp  i^iUrtis  l^jcfv. 
Pint.  Solon.  18.)  The  election  l^  lot  ia  believed 
to  have  been  introduced  by  Cleiathenes  (b.  a 
508  ;  Herod,  vi.  109)  ;  for  we  find  this  practice 
existing  shortiy  after  his  time ;  and  Aristotie 
(PoUt.  il  9)  expressly  states  that  Solon  made  no 
alteration  in  the  sSpwtSj  or  mode  of  election,  but 
only  ill  the  qualification  for  office;  I^  however, 
there  be  no  interpolation  in  the  oath  of  the 
Heliasts  (Dem.  &  Timocr,  p.  747),  we  are  forced 
to  the  conclusion  that  the  election  by  lot  was 
as  old  as  the  time  of  Solon ;  but  the  authority 
of  Aristotie  and  other  evidence  stionj^y  incline 
us  to  some  such  supposition,  or  rather  leave 
no  doubt  of  its  neeessi^.  The  last  change  is  sup- 
posed to  have  been  made  by  Aristeides  (Fp^ri 
4^ur/ua  Kou^y  f 7reu  r^r  toXitcuv,  ical  rohs  ipx'*^' 
ras  i^  'AdjivaUn'  vdtrrmif  ai^ilj#ai,  Plut  Ariel, 
22),  who,  after  the  battie  of  Plataea  (b.  a  479), 


*  By  this  is  meant  that  thesupreme  power,  though 
not  monarchical,  was  confined  to  one  family. 


ARCHON. 
abolished  the  properhr  qualification,  throwing  op^ 
the  archonship  and  other  magistraeies  to  all  the  cit 
sens,  that  is,  to  the  Thetes,  as  wdl  as  the  oth< 
classes,  the  former  of  whom  were  not  allowed  b; 
Solon^s  laws  to  hold  any  magistracy  at  all ;  in  con 
formity  with  which,  we  find  that,  even  in  the  timi 
of  Aristeides,  the  archons  were  chosen  by  lot  froo 
the  wealthiest  class  of  citizens  (ol  wcrroiciNrM 
/ii^ifuroi,  Plut  Arist.  ad  init). 

Still,  after  the  removal  <^  the  old  restrictiona 
some  security  was  left  to  insure  reapectabilitT 
for,  previously  to  an  archon  entering  on  office,  b< 
underwent  an  examination  called  the  ds^djcfHtrti 
(Pollux,  vilL  85  :  Deinar.  c.  Aridog.  p.  107  ;  rohi 
4rw4a  tipxovras  ayaic(^trt  ei  yow4as  <S  wounknt^ 
Dem.  c.  EubuL  ^  1320),  as  to  his  bein^^  a  ]egi< 
timate  and  a  good  citizen,  a  good  son,  and  qnaiified 
in  point  of  property :  c2  rh  ri/nifAd  im-of  airr^  \ 
was  the  question  put     Now,  there  are  (Scho- 
mann, De  Oomiiiu,  p.  312. ;  Bdckh,  voL  iL  p.  2/7) 
strong  reasons  for  supposing  that  this  form  of  ex- 
amination continued  even  after  the  time  of  Ari- 
steides ;  and  if  so,  it  would  follow  that  the  right 
in  question  was  not  given  to  the  Thetes  pro- 
miscuously, but  only  to  such  as  possessed  a  cer- 
tain amount  of  property.     But  even  if  it  were  so, 
it  is  admitted  that  this  hitter  limitation  soon  be- 
came obsolete  ;  for  we  read  in  Lysias  (*Tr^  rov 
*A3vrarov,  p.  169),  that  a  needy  old  man,  so 
poor  as  to  receive  a  state  allowance,  was  not  dis- 
qualified from  being  archon  by  hia  indigence,  but 
only  by  bodily  infinnity ;  freedom  from  all  such 
defects  being  required  for  the  office,  as  it  was  in 
some  respects  of  a  sacred  character.  Yet,  even  after 
passing  a  satisfactory  iofducpurif,  each  of  the  archons, 
m  common  with  other  magistrates,  was  liable  to 
be  deposed,  on  complaint  of  misconduct  made  be- 
fore the  people,  at  the  first  r^iular  assembly  in  each 
prytany.    On   such   an   occasion,  the    httxttpo- 
royloj  as  it  was  called,  took   place ;   and   we 
read  (Dem.  &  Theoerin.  p.  1330  ;  Pollux,  vuL  95  ; 
Harp,  in  Kupla  *EKic\fi<ria)  that,  in  one  case,  the 
whole  body  of  Beo-futSirtu  was  deprived  of  office 
(i.'K€x*ipoTOP^i0ri\  for  the  misbehaviour  of  one  of 
their  body:   they  were,  however,  reinstated,  on 
promise  of  better  conduct  for  the  foture. 

With  respect  to  the  hiter  a^  of  Athenian 
history,  we  learn  fitim  Strabo  (ix.  1),  that  even 
in  his  day,  the  Romans  allowed  tiie  freedom 
of  Athens  ;  and  we  may  conclude  that  the  Athe- 
nians would  fondly  cling  to  a  name  and  office 
associated  with  some  of  their  most  cherished 
remembrances.  That  the  archonship,  howerer, 
though  still  in  existence,  was  merely  honoranr,  we 
might  expect  from  the  analogy  of  tiie  consulate  at 
Rome ;  and,  indeed,  we  learn  that  it  was  some- 
times filled  by  strangers,  as  Hadrian  and  Plutarch. 
Such,  moreover,  was  the  democratical  tendency  of 
the  assembly  and  courts  of  justice  established 
by  Solon,  that,  even  in  earlier  times,  the  archons 
had  lost  the  great  pditical  power  which  they  at 
one  time  poswssed  (Thuc.  i  126),  and  that,  too, 
after  the  division  of  their  ftmctions  amongst  nine. 
They  became,  in  fiurt,  not  as  of  old,  directors  of  the 
government;  but  merely  municipal  nagistrates, 
exercising  fonctions  and  bearing  tides  which  we 
will  proceed  to  describe. 

It  has  been  already  stated,  that  the  duties  of  the 
single  archon  were  shared  by  a  college  of  nine. 
The  first  or  president  of  this  body  vu  called 
I  6  &^X*^>  by  way  of  pre-eminence  ;  and  sometimes 


ABCHON. 


tyd  ifgbtewd  m  his  name.     The 

Btjied  A  0mnAgi%^  or  the  king  aidum  ;  the  tfaod, 

i  nA  /jmpXB  I ,  cr  caMuiiMler-ip-durf ;  thaRoam- 

msmXfWidmrpuMvui,  or  legailatoia.  Aa  Rgardt  the 

of  the  ascfaani^  it  »  •ameiimei  diiBciilt  to 

what  belflnged  to  them  mdindiMlly 

eidlectiTely.     It  aeeiu,  however,  that  a 

eoBsiiaahle  pation  of  the  jadidal  fgaeHaam  of 

dK  aadai  ki^ga  tfaielngd  upon  the  Arekom  ^po- 

who  waa  alao  ceiwtittited  a  aoiit  of  atate 

r  of  thoae  vho  wcte  vnahle  to  defend  them- 

(Dem.  «.  Afoeor.  Nifws^  pi  1076 ;  PoOiix, 

¥£.  89.)    Una  he   had  to  aapmntend  oiphant 

nd  thor  fftatra,  heiwata,  iamilira  kwing  their 

TUfiirntiiriffB    (o&M  of  ^^^^mv^iw),  vidowa 

kft  pwgninit,  and   to   aee   that  thej  were  not 

wna^ed  m  any  vaj.     Should  any  one  do  aa»  he 

was  tMpoMWtted    to   infliet  a  fiae  of  a  eettain 

;»ortobniig  the  partieatotnaL    Heiieaaea, 

to   have  been  vnder  hia  peenliar 

read   (Dem.  &  JUioear.  pu  1069), 

dat  he  eeald  coaapel  the  next  of  kin  either  to 

■any  apoor  heireaa  himarif,  eren  though  she  were 

•f  a)sw«r  daaa,  or  to  portion  her  in  marriage  to 

aMher.     Again  we  find  {Id.  p.  1055 ;    P<9liix, 

TOL  62)  t^t,  when  a  pereon  dairaed  an  inhe- 

adjndged  to  otheia,  he  lom- 

.  the  paily  in  poaewaion  befiire  the  archon 

I  (^murora)  who  hronght  the  caae  into 

cGos^  and  made  anangementa  fiir  tzyioc  the  niit. 

We  waAi  howvvciv  bar  in  mind  that  toia  aatho- 

xiif  waa  only  exerdaed  in  eaaea  where  the  partiea 

woe  iiiiaeBa,  the  polemaich  having  corretpondiDg 

danes  when  ^  heiwaa  was  an  alien.     It  must  alao 

he  andetatood  that,  except  in  very  few  eaaea,  the 

n^oaa  did  not  dedde  themaelvea,  hot  merely 

Uoaght  the  canaea  into  court,  and  eaat  lota  fer  the 

^ia^  who   were  to  try  ^  iaane.    (Dem.  o. 

Sttfk.  n.  p^  1136.)     Another  duty  of  the  arehons 

wat  to  leeexve  oiawyytAiai  (Harpocr.  t.  v.),  tx  in- 

it  inidividnala  who  had  wmuged 

I  who  had  maltreated  their  parenta, 

who  had  neglected  or  dcftaoded  their 

(ffrfiariy  ^nicA.'^pov,  Terlapr,   6p^aimtf. 

Dem.  <.  Afaear.  p  1069  ;  Schgnwrni,  pi  181.)    In- 

"  '   |«f  and  ^do-if. 


Bof  another  kind,  the  ir6ci|<r 
vme  abo  laid  hefete  the  eponynma,  though  De~ 
■wathnnfB  (cs.  Thaoer,  pw  707)  aaaigned  the  fenner 
IB  the  theBmothetae.  (EHnnxia.)  The  kat  office 
tf  the  atchoii  which  we  ahaU  mention  waa  of  a 
■CRd  fharartrr ;  we  aUade  to  hia  Biipenntendence 
d  the  neater  IMonyaia  and  the  Thaigdia,  the 
hiler  ewhimted  in  honoor  of  Apollo  and  Artemii. 
(Poflax,  viiL  89.) 

The  fanctaoBB  of  the  fiunXe^^  or  Kmff  Ardkm^ 
vcfe  afaaoat  all  connected  with  religion :  hia  dia- 
title  ahowa  that  he  waa  ooDBJdered  a 
$  of  the  old  kiaga  in  their  capacity  of 


Thaa  he  preaided  at  the  Lenaean,  or  dder  Diony sia ; 
BBpfiintoiided  the  aiyaleriea  and  the  gamea  called 
^fT|i¥ain^Bpfai,  and  had  to  offer  up  aaerifioea  and 
ia  the  KlfnaJniam,  both  at  Athena  and 
lioraaiVHV  indictmenta  fer  impiety,  and 
faatiafeiaiei  ahont  the  priaatfaood,  were  laid  before 
hiai ;  aad,  in  eaaea  of  mmdei^  he  hnnght  the  trial 
lata  the  caoit  of  the  Axeiopagna,  aad  voted  with  ita 
Aeabca,  Hia  wife,  alao,  who  waa  eaBed  $aaU 
AiB«aer^te«iXi9»«,had  to  offer  certain  saciifieea, 
~    I  it  waa  seqaiied  that  she  should  be  a 


ARCBOK  lis 

eitixen  of  pore  Uood.  withoat  atain  or  blemlBh* 
His  eoart  waa  held  in  what  waa  called  4  toS 
fimrtKim  ered.  (Dem.  &  Laer.  pi  940  ;  c.  An-- 
drat  p.  601  ;  cNmasr.  p.1870;  Lyaiaa,  e.A»doe. 
p.  109^  where  the  dutiea  are  cnomeiated  ;  Efaaaley, 
Ad  ArukpLAekar.  1 148,  et  Scholia ;  Harpocr.  il v. 
'Ewt^MAiH^  twr  ^wmipMir ;  Plato,  EmAfjAr, 
ad  mit.  et  JlntL  ad  fin. ;  PoUnx,  viii  90.) 

The  Pidmmarek  waa  originally,  aa  hia  name  de* 
notea,  the  commander-ia-chief  (Herod,  vi  109, 
HI  ;  Pottnx,  viii.  91)  ;  aad  we  find  him  dia- 
charging  militaiy  dutiea  aa  Into  aa  the  battle  of 
Marathon,  in  conjunction  vrith  the  ten  eTpanryo^ : 
he  there  took,  like  the  kings  of  old,  the  command  of 
the  right  wing  of  the  army.  Thia,  however,  seems  to 
be  the  laat  occaaian  on  leeordof  thia  amgistrato  a|^ 
pomted  by  lot,  being  inveated  with  auch  important 
fimctiona ;  and  in  after  agea  we  find  tlmt  hia 
dutiea  oeaaed  to  be  miBtaiy,  having  been  m  a  great 
meaanre  transferred  to  the  protectioD  and  saperin* 
tendenoe  of  the  reaidcnt  aliena,  ao  that  he  reaembled 
in  many  leapecta  the  praetor  peregrinua  at  Rone.  In 
feet,  we  learn  from  Aristotle,  in  Ua  **  ConatitBtion  of 
Athena,**  that  the  polcmaith  stood  in  the  saam 
rdation  to  fiwcignen  aa  the  aichon  to  dtiaena^ 
(Demoath.  e.  Laer,  pi  940  ;  AiiaL  apnd  Harpocr. 
«.e.;Polhtx,  viii  91,92.)  Thna,  all  actiona  affect- 
ing aliena,  the  iaotdea  and  poxeni,  were  fafoogbt 
bSore  him  previonaW  to  timl ;  aa,  fer  jnatawe, 
the  Usai  iarpo^rmgimt  against  a  fiireigner,  fiw 
living  in  Athena  without  a  patron ;  ao  waa  alao 
the  Zitcn  knarariam  against  a  alave  who  feiled  in 
hia  duty  to  the  master  who  had  freed  him.  More* 
over,  it  was  the  poferaaich's  duty  to  offer  the 
yeariy  sacrifioe  to  Artemis,  in  commemoration  of 
the  vow  made  by  GaIUmachna»  at  Marathon,  and 
to  arranee  the  fnnoal  gamea  in  honour  of  thoae 
who  feu  in  war.  These  three  archona,  the 
^vdfv/ioff,  fitunK*^,  and  woX4/ta^fy  wen  each 
allowed  two  assfssors  to  assist  them  in  the  dia- 
charge  of  their  dutiea. 

The  TheamdheUu  were  extcnaively  connected 
with  the  administration  of  justice,  a]»d  appear  to 
have  been  called  legiabtora  (Thiriwall,  HiM.  tf 
Cfreeo^  voL  iL  p.  17),  because  in  the  abaence  of  a 
written  code,  they  might  be  aaid  to  make  laws,  or 
d«r/io(,  in  the  ancient  language  of  Athena, 
though  in  reality  they  only  declared  and  ex* 
]daiiwd  them.  They  wen  required  to  review, 
every  year,  the  whole  body  of  lawa,  that  they 
mifffat  detect  any  inoonsistenciea  or  snperfinitiea, 
and  diacover  whether  any  laws  which  were  abro- 
gated were  in  the  public  records  amongst  the  rest 
(Aesehin.  e.  Otenpk,  p.  59.)  Their  report  waa  sub- 
aaitted  to  the  people,  who  referred  the  necessary 
alterationa  to  a  legislative  committee  choaen  for 
the  poipoae^  and  called  Poii«64rai, 

The  chief  part  of  the  duties  of  the  theamothetaa 
oooaisted  in  receiving  infonnations,  and  bringing 
eaaea  to  trial  in  the  opurta  of  law,  of  the  days  of 
sitting  in  which  they  gave  public  notice.  (Pollux, 
viiL  87,  88.)  They  did  not  try  them  themselves  ; 
but  seem  tohave  conatitoted  a  sort  of  grand  jury, 
or  inqueat  Thus  they  received  4w9€i^€is  against 
partiea  who  had  not  paid  their  finea,  or  owed  any 
money  to  the  state ;  and  in  de&nlt  of  bringing 
the  fenner  partiea  to  trial,  they  lost  their  right  A 
going  up  to  the  Areiopagua  at  the  end  of  their  year 
of  dfic^.  (Dem.  e,  Meid.  p.  529 ;  e.  Afocor.  n. 
1075  ;  e.  Tbnoor,  707;  BdcUi,  voL  i.  p. 69,  voL  li. 
pu72.)    Again,  indictmenta  fer  pecaooal   iigurioa 


124  ARCHON. 

{ti€p€ms  ypa/pot)  were  laid  before  them,  as  well  as 
informations  against  olive  growers,  for  rooting  up 
more  trees  than  was  allowed  to  each  proprietor 
by  law.  So,  too,  were  the  indictments  for  bribing 
the  Heliaea,  or  any  of  the  courts  of  justice  at 
Athens,  or  the  senate,  or  forming  dubs  £ar  the 
overthrow  of  the  democracy,  and  against  retained 
adyocates  (<nnrfiyopoi)  who  took  bribes  either  in 
public  or  private  causes.  Asain,  an  information 
was  laid  before  them  if  a  foreigner  cohabited  with 
a  citiaen,  or  a  man  gave  in  marriage  as  his  own 
dauffhter  the  child  of  another,  or  confined  as  an 
adulterer  one  who  was  not  so.  They  also  had  to 
refer  informations  (c2<rary«Aieu)  to  the  people ; 
and  where  an  information  had  been  laid  before  the 
senate,  and  a  condemnation  ensued,  it  was  their 
duty  to  bring  the  judgment  into  the  courts  of 
justice  for  confirmation  or  revision.  (Dem.  e.  Stiq>L 
il  p.  1137  ;  c.  Neaer.  pp.  1351,  1363,  1368, 
€.  Thnocr.  p.  720  ;  Pollux,  viii  88  ;  Bdckh,  toI.  l 
pp.  259,  317.) 

A  different  office  of  theirs  was  to  draw  up  and 
ratify  the  o-^/aSoAxi,  or  agreements,  with  foreign 
states,  settling  the  terms  on  which  their  citizens 
should  sue  and  be  sued  by  the  citizens  of  Athens. 
In  their  collective  o^Mcity,  the  arehons  are  said  to 
have  had  the  power  of  death  in  case  an  exile  re- 
tamed  to  an  interdicted  phice :  they  also  superin- 
tended the  hrix9iporovia  of  the  magistrates,  held 
every  prytany  {hc^purwri  tl  9oKtt  koXus  tfpx<*0« 
and  brought  to  trial  thore  whom  the  people  de- 
posed, if  an  action  or  indictment  were  the  con- 
sequence of  it.  Moreover,  they  allotted  the  dicasts 
or  jurymen,  and  probably  presided  at  the  annual 
election  of  the  strategi  and  other  military  officers. 
(Pollux, viii.  87, 88 ;  Harpocr.s.  v.  Karax^iporoyla: 
SchSmann,  p.  231  ;  Dem.  e.  Arts.  p.  630.) 

We  may  here  remark,  that  it  is  necessary 
to  be  cautious  in  our  interpretation  of  the  words 
itpxil  and  ipx^'^^'i  ^ince  in  the  Attic  orators 
they  have  a  double  meaning,  sometimes  refer- 
ring to  the  arehons  peculiariy  so  called,  and 
sometimes  to  any  other  magistracy.  Thus  in 
laaeus  (De  Otonynd  HaeredJ)  we  might  on  a 
cursory  perusal  infer,  that  when  a  testator  left 
his  property  away  from  his  heir-at-law,  by  what 
was  technically  called  a  Z6<ris  (Harpocr.  s.  v./ 
Isaeus,  wtpl  K\4p«v),  the  arehon  took  the  original 
will  into  custody,  and  was  required  to  be  present 
at  the  making  of  any  addition  or  codicil  to  it.  A 
more  accurate  observation  proves  that  by  eff  rwr 
ipX^iTtn^  is  meant  one  of  the  hrrvi^fwtj  who 
formed  a  magistracy  (^x4)  as  well  as  the  nine 
arehons. 

A  few  words  will  suffice  for  the  privileges  and 
honours  of  the  arehons.  The  greatest  of  the  former 
was  the  exemption  from  the  trienurchies — a  boon 
not  allowed  even  to  the  successors  of  Harmodlus 
and  Aristogeiton.  As  a  mark  of  their  office^  they 
wore  a  chaplet  or  crown  of  myrtle ;  and  if  any 
one  struck  or  abused  one  of  the  ihesmothetae  or 
the  arehon,  when  wearing  this  badge  of  office,  he 
became  Ariftof,  or  infiunous  in  the  fullest  extent, 
thereby  losing  his  civic  rights.  (Bitckh,  voL  ii. 
p.  322 ;  Dem.  c  LepL  pp.  462, 464,  465,  c.  Matt 
p.  524  ;  Pollux,  viii.  86.)  The  arehons,  at  the  dose 
of  their  year  of  service,  were  admitted  among  the 
members  of  the  Areiopagus.     [Arxxopaou&] 

The  Arehon  Eponymus  being  an  annual  magis- 
trate  at  Athens,  like  the  consul  at  Rome,  it  is 
nanifost  thai  a  coirect  list  of  the  arehons  is  an 


ARCUS. 
important  element  in  the  determinatinn  of  AtBe 
nian  chronology.  Now  from  Chaon  (b.  c.  694),  the 
first  annual  araion,  to  Oomiat  (&  c  560),  we  have 
the  names  of  about  twenty-four.  From  b»  gl  66C 
to  the  invasion  of  Xerxes  (&  a  480),  the  umei 
and  years  of  about  twenty-four  more  hare  been 
determined.  From  n.  a  480  to  292,  Diodonis  and 
Dionyshu  Halicamassus  furnish  an  almoat  un- 
broken succession  for  a  period  of  neari j  200  years. 
The  names,  so  for  as  they  are  known,  are  giTen  by 
Clinton  (F.  £r.),  who  remarks  that  the  oompila 
of  the  Parian  marbles  places  the  annual  arehons  one 
year  too  high  respectively.  He  also  states  (toL  ii. 
n.  12)  that  the  best  list  is  that  of  Coraini,  who 
however  is  surpassed  by  Wesseling  within  the  period 
embraced  by  the  remains  of  Diodonis.  [R.W.  j 
ARCHO'NES  (apx<^*)-  [Txlonbs.J 
ARCIFFNIUS  AOER.  [Aobb.] 
ARCUS  (also  /wmse,  Virg.  Am.  vi  631  ;  Cic. 
m  Verr.  i  7  ;  Kafuipa\  an  areh.  It  is  possible  to 
give  an  areh^  form  to  the  covering  of  any  opening 
by  placing  horizonta]  courses  oi  stones  projecting 
over  one  another,  from  both  sides  of  the  opening*, 
till  they  meet  at  top,  and  then  cutting  the  ends  of 
the  projecting  stones  to  a  regular  curve,  as  shown 
below.  This  form  is  found  in  the  most  ancient 
arehitecture  of  nearly  all  nations,  but  it  does  not 
constitute  a  true  areh.  A  true  arch  is  formed  of 
a  series  of  wedge-like  stones,  or  of  bricks,  support- 
ing each  other,  and  idl  bound  firmly  together  by 
their  mutual  pressure. 

It  would  seem  that  the  arch,  as  thus  defined, 
and  as  used  by  the  Romans,  was  not  known  to  the 
Greeks  in  the  early  periods  of  their  history,  other- 
wise a  language  so  copious  as  theirs,  and  of  such 
ready  application,  would  not  have  wanted  a  name 
properly  Greek  by  which  to  distinguish  it     But 
the  constructive  prindple,  by  which  an  arch  is 
made  to  hold  together,  and  to  afford  a  solid  re- 
sistance against  the  pressure  upon  its  circumference, 
was  known  to  them  even  previously  to  the  Trojan 
war,  and  its  use  is  exemplified  in  two  of  the 
earliest  buildings  now  remaining — the  chamber 
built  at  Orehoroenus,  by  Minyas,  king  of  Boeotia, 
described  by  Pausanias  (ix.  38),  and  the  treasury 
of  Atreus  at  Mycenae.      (Pans,  ii   16.)     Both 
these  works  are  constructed  under  ground,  and 
each  of  them  consists  of  a  cireular  chamber  formed 
by  regular  courses  of  stones  laid  horisontally  over 
each  other,  each  course  projecting  towards  the  in- 
terior, and  beyond  the  one  below  it,  till  they  meet 
in  an  apex  over  the  centre,  which  was  capped  by  a 
laige  stone,  and  thus  resembled  the  inside  of  a 
dome.     Each  of  the  horisontal  courses  of  stones 
formed  a  perfect  drde,  or  two  semicircular  arehes 
joined  together,  as  the  subjoined  plan  of  one  of 
these  courses  will  render  evident. 

It  wiU  be  observed  that  the  innermost  end  of 
each  stone  is  bevelled  off  into  the  shape  of  a  wedge, 
the  apex  of  which,  if  continued,  would  meet  in  the 
centre  of  the  cirele,  as  is  done  in  forming  sn  areh  ; 
while  the  outer  ends  against  the  earth  are  left  rough, 
and  their  intentioes  filled  up  with  small  irregular- 
shaped  atones,  the  immense  sixe  of  the  prindpal 
stones  rendering  it  unnecessary  to  continue  the 
sectional  cutting  throughout  their  whde  lei^h. 
Indeed,  if  these  chamben  had  been  constructed 
upon  any  other  prindple,  it  is  dear  that  the  pres- 
sure of  earth  all  around  them  would  have  caused 
them  to  collapse.  The  method  of  constraction 
here  described  was  oommanicaled  to  the  writer 


ARCUSu 
oT  tfae  pRMnt  artide  by  tbe  late  Sir  William 
GeO.     Tliitt  it  seems  tliAt  the  Greeks  did  ander- 
staad  the  coostractrre  pcincii^  npon  which  aicbes 


are  finned,  ereo  in  the  earliest  times ;  although 
St  did  not  occur  to  them  to  diride  the  circle  by  a 
^metei^  and  set  the  half  of  it  upright  to  beer  a 
cpowimbent  weight  But  they  made  use  of  a 
««tri^aiiee  eren  bd^  the  Trojan  war,  by  which 
^^  ^««  enabled  to  gain  all  the  advantages  of  our 
arthway  in  making  corridors,  or  hollow  galleries, 
12^  which  in  appearance  resembled  the  pointed 
^fa,  ioA  as  »  now  tenned  Gothic  This  was 
f&cted  by  catting  away  the  superincumbent  stones 
IB  the  manner  already  described,  at  an  angle  of 
about  15®  with  tfae  horizon.  The  mode  of  con- 
■tTBction  and  appearance  of  such  arches  is  repre- 
Knted  in  the  annexed  drawing  of  the  walls  of 
TiiTBs,  copied  from  Sir  William  Gell'k  Argolis. 
The  gate  of  Signia  (iS^kQ  m  Latium  exhibits  a 
Biaiiar  example. 


Tbe  principle  of  the  true  arch  seems  to  hare 
beea  known  to  the  Romans  from  the  earliest 
period:  it  is  used  in  the  Ctoaea  Maxima,  It  is 
iBQit  pnrfiably  an  Etruscan  invention.  The  use  of 
H  eoBstitntes  one  leading  distinction  between 
Greek  and  Roman  architecture,  for  by  its  iq>plica- 
lioQ  the  Romans  were  enabled  to  execute  works 
«flsr  bolder  constmctioD  than  those  of  the  Greeks 


ARCUS  TRIUMPHALia  12$ 

—  to  erect  bridges  and  aqaedocts,  and  tbe  most 
durable  and  massive  structures  of  brick.  The 
Romans,  however,  never  used  any  other  form  of 
arch  than  the  semicircle.  [A.  R.1 

ARCUS  TRIUMPHA'LIS(a  triumphal  arch), 
was  a  structurs  peculiar  to  the  Romans,  *mnny 
whom  it  seems  to  have  taken  its  origin  fiom  the 
Porla  THmmpkaHs^  the  nte  by  which  a  general 
oelefanting  a  triumph  led  his  army  into  the  city,  on 
which  occasions  the  gate  was  adorned  with  trophies 
and  other  memorials  of  the  particular  victory  cele- 
brated: In  process  of  time  other  arches  were 
erected,  both  at  Rome  and  in  tbe  provinces,  to 
celebrate  single  victories,  the  memorials  of  which 
were  carved  npon  them  or  fixed  to  them,  and  these 
remained  as  permanent  monuments.  They  even 
came  to  be  erected  in  memory  of  a  Tictory  br 
which  there  had  been  no  triumph  ;  nay,  even  to 
commemorate  other  events  than  victories.  That 
at  Ancona,  for  example,  was  erected  in  honour  of 
Trajan,  when  he  had  improved  the  harbour  of  the 
city  at  his  own  eomense. 

Triumphal  arches  were  insulated  structures 
built  across  the  principal  streets  of  the  city, 
and,  according  to  the  ^lace  of  their  respective 
localities,  consisted  of  either  a  sii^le  arch-way, 
or  of  a  central  one  for  carriages,  wiUi  two  smaller 
ones  on  each  side  for  foot  passengers,  which 
sometimes  have  side  communications  with  tbe 
centre  arch.  Sometimes  there  were  two  arches  oi 
equal  height,  side  by  side.  Each  front  was  orna- 
mented with  trophies  and  bas-reliefs,  which  were 
also  placed  on  the  sides  of  the  passages.  Both 
fii^ades  had  usually  columns  against  the  pier^ 
supporting  an  entablature,  surmounted  by  a  lofty 
attic,  on  the  front  of  which  was  the  inscription, 
and  on  the  top  of  it  bronze  chariots,  war-horses, 
statoes,  and  trophies. 

Stertinius  is  the  first  upon  record  who  erected 
any  thing  of  the  kind.  He  built  an  arch  in  the 
Forum  Boarium,  about  ac.  196,  and  another 
in  the  Circus  Maximus,  each  of  which  was  sur- 
mounted by  gilt  statues.  (Liv.  xxxiiL  27.)  Six 
years  afterwards,  Scipio  Africanus  built  another  on 
the  Clivus  Capitolinus,  on  which  he  placed  seven 
gilt  Btotues  and  two  figures  of  horMS  (Liv.  xxxvii 
3)  ;  and  in  BL  a  121,  Fabius  Maximus  built  a 
fourth  in  the  Via  Sacra,  which  is  called  by  Cicero 
(in  Verr.  L  7)  the  Fornuc  FabioMut.  None  of 
these  remain,  the  Arch  of  Augustus  at  Rimini 
being  one  of  the  earliest  among  those  still  stand- 
ing. That  these  erections  were  eiUier  temporary 
or  very  insignificant,  may  be  inferred  from  the 
silence  of  Vitruvius,  who  says  nothing  of  triomphal 
arches.  We  might  bb  sure,  from  the  nature  of 
the  case,  that  such  stiiictures  would  especially 
mark  the  period  of  the  empire. 

There  are  twenty-one  arches  recorded  by  dif- 
ferent writers  as  having  been  erected  in  the  city 
of  Rome,  five  of  which  now  remain :  —  1.  Areut 
Dnuif  which  was  erected  to  the  honour  of  Nero 
Ckudius  Brusus  on  the  Appian  way.  (Suet. 
CUn$d.  1.)  2.  Arau  TUi^  at  the  foot  of  the 
Palatine,  which  was  erected  to  the  honour  of 
Titus,  after  his  conquest  of  Judaea,  but  was  not 
finished  till  afker  his  death  ;  since  in  the  hiscrip- 
tion  npon  it  he  is  called  Dnms^  and  he  is  also 
represented  as  bem^  carried  up  to  heaven  upon  an 
eagle.  The  bas-relieft  of  this  arch  represent  the 
spoils  from  the  temple  of  Jerusalem  carried  in 
triumphal  procession  ;   and  are  among  the  best 


126 


ARCU& 


AREIOPAGUa 


ipecimeni  of  Boroan  tculptim.  This  arch  has 
only  a  single  opening,  with  two  columns  of  the 
Roman  or  composite  order  on  each  side  of  it  3. 
Arau  Septtmii  Seven,  which  was  erected  hj  the 
senate  (a.  d.  203)  at  the  end  of  the  Via  Sacra, 
in  honour  of  that  emperor  and  his  two  sons, 
Caracalla  and  Oeta,  on  account  of  his  victories 
over  the  Parthians  and  Aiahians.  4.  Aretu  Gal- 
Iknit  erected  to  the  honour  of  Gallienvs  by  a  pri- 
Tate  individoal,  M.  Aurdius  Victor.  5.  Arau 
QmateuUtni,  which  is  huger  and  more  profusely 
ornamented  than  the  Arch  of  Titus.  It  was 
elected  by  the  senate  in  honour  of  Coostantine, 
after  his  Tictory  oTer  Mazentius.  It  consists  of 
three  arches,  with  colunms  against  each  front,  and 
statues  on  llie  entablatures  otot  them,  which,  with 
the  other  sculptured  ornaments,  originally  de- 
corated the  arch  of  Trajan.  [P.  S.] 

ARCUS  (jSi^f,  T6^i»),  the  bow  used  for  shoot- 
ing arrows,  is  one  of  the  most  ancient  of  all  wea- 
pons, but  is  characteristic  of  Asia  rather  than  of 
Europe.  Thus  in  the  description  given  by  Hero- 
dotus (vii.  61' — 80)  of  the  various  nations  com- 
posing the  array  of  Xerxes,  we  observe  that  nearly 
all  the  troops  without  exception  used  the  bow. 
The  Scythians  and  Parthians  were  the  most  cele- 
brated archen  in  the  East,  and  among  the  Greeks 
the  Cretans,  who  frequently  served  as  a  separate 
corps  in  the  Greek  armies,  and  subsequently  also 
among  the  auxiliary  troops  of  the  Romans.  (Comp. 
Xcn.  Anab.  i.  2.  §  9 ;  Liv.  xlu.  35.) 

The  form  of  the  Scythian  and  Parthian  bow 
differed  from  that  of  the  Greeks.  The  former  was 
in  the  sliape  of  a  half-moon,  and  is  shown  in  the 
upper  of  tne  two  figures  here  exhibited,  which  is 
taken  from  one  of  Sir  W.  HamilUm^s  fictile  vaseib 
(Comp.  Amm.  Marc  xxiL  8.)  The  Greek  bow,  on 
the  other  band,  the  usual  form  of  which  is  shown 


in  the  lower  of  the  preceding  figures,  has  a  double 
curvature,  consisting  of  twacircular  portions  united 
in  the  middle  (rnx^^)-  According  to  the  descrip- 
tion in  Homer  (//.  iv.  105 — 126),  the  bow  was 
made  of  two  pieces  of  horn,  hence  firequently  called 
Kdpas  and  eornu.  The  bow-string  (ytvpA)  was 
twisted,  and  was  frequently  made  of  thongs  of 
leather  (vtvpa  /S^fia).  It  was  always  fastened  to 
one  end  of  the  bow,  and  at  the  other  end  there 
hung  a  ring  or  hook  (Kop^yri\  usually  made  of 
metal  (xpvir^),  to  which  the  string  was  attached, 
when  the  bow  was  to  be  used.  In  the  same  pas- 
sage of  Homer  we  have  a  description  of  a  man 
preparing  to  shoot,  and  this  account  is  illustrated 
by  the  following  outline  of  a  statue  belonging  to 
the  group  of  the  Aeginetan  marbles.  The  bow, 
placed  in  the  hands  of  this  statue,  was  probably 
of  bronze,  and  has  been  lost. 


When  not  used,  the  bow  was  put  into  a  case 
{ro^oOiiicrij  yttpvrSs,  Ooryhu),  which  was  made  of 
leather,  and  sometimes  ornamented  {faieu^6sj  Horn. 
Od,  xxi.  54).  The  bow-case  is  very  conspicuous 
in  the  sculptured  bas-reliefs  of  Peraepolis.  It 
frequently  held  the  arrows  as  well  as  the  bo«r, 
and  on  this  account  is  often  confounded  with  the 
Pharetra  or  quiver.  Though  its  use  was  com- 
paratively rare  amon^  the  Greeks  and  Romans, 
we  find  it  exhibited  m  a  bas-relief  in  the  Museo 
Pio- Clementine  (vol  iv.  tav.  43),  which  is  copied 
in  the  annexed  cut 


ARDA'LION  (hfMktw).    [Funur.] 

A'REA.     [AoRicuLTURA,  p.44.] 

AREIOTAGUS.  The  Areiopagns  (S^AptM 
wdyos,  or  hill  of  Ares),  at  Athens,  was  a  rocky 
eminence,  lying  to  the  west  o^  and  not  far  from  the 
Acropolis.  To  account  for  the  name,  various  stories 
were  told.  Thus,  some  said  that  it  was  so  called  from 
the  Amazons,  the  daughters  of  Ares,  having  encamped 
there  when  they  attacked  Athens  ;  others  again,  ss 
Aeschylus,  fivm  the  sacrifices  there  offered  by  them 
to  that  god  ;  while  the  more  received  opinion  con- 
nected the  name  with  the  legend  of  Ares  having 
been  brought  to  trial  there  by  Poseidon,  for  the 
murder  of  his  son  Halirrhotius.  (Dem.  e.  Aristocr. 
p.  642 ;  AeschyL  Bum,  659.)  To  none,  however, 
of  these  legends  did  the  pUce  owe  its  fiune,  bat 
rather  to  the  council  ('H  iv  *Afwly  '^^TV  ^ovX^), 
which  held  its  sittings  there,  and  was  somctinias 


AHEIOPAOUSL 

oQed  H  Im»  /io«A4,  to  dkiingiikli  H  from  the 
MSBteafRre  Hundred,  wUch  at  in  theCeraineienB 
whhin  tkb  dtf.  Tbat  it  m  a  body  of  tctj  remote 
SBtaqntj,  actix^  as  a  oiminal  tribonal,  wai  eti- 
dently  bdiefed  bgr  the  Athenians  themselTes.  In 
jneid^bkfWwmjnSerioihe  ezpcen  astertions 
ef  tbe  onton,  and  the  legend  of  Oiettcs  bsTii^ 
beat  tried  bcfcre  the  oouncil  for  the  muxder  of  his 
Butkcr — a  trial  vhkh  took  place  before  Athena, 
aad  vUeh  Aeaehyhis  repwenta  as  the  origin  of 
the  eoeit  ilsdi.  Again,  we  find  that  even  before 
the  fint  Ifcisenian  war  (&  &  740)  bepiaa,  the 
MoKaius  offered  to  referthe  pcxinti  in  dispate  to 
the  Axgrre  Amphietion  j,  or  the  Athenisn  Azeio- 
p^  (Pane.  ir.  5.  §  1 ;  Thiriwall,  HigL  GrBeet, 
ToL  L  p.  M5),  becanae  thii  body  waa  bdiered  to 
kre  had  jariidiction  in  cases  of  mandsnghter 
(Stttf  ^ttmJ^y^  •'fimn  of  dd.** 

There  ii  safEcient  pno^  then^  that  the  Areiopa- 
pa  existed  before  the  time  of  SoMli,  though  he  is 
admitted  to  hare  so  for  modified  iti  oonstitotion 
aod  sftken  of  duty,  that  he  migbt  almost  be  called 
iti  faoader.    What  tkit  original  constitatbn  was, 
ant  in  some  degree  be  left  to  conjectoxe,  though 
there  is  eroy    zeason  to  suppose  that  it   was 
witocxitieal,  the    memben    being    taken,    like 
the  Ephetoe,  from  the  noble  patrician  fomilies 
<  VwrMqr).  We  may  lemaric  tnat,  after  the  time 
of  Soipo,  the   Ephetae,  fifty-one  in  nnmber,  sat 
colkctivdy    in  four    different  conrts,  and   were 
^ai]^  with  the  hearing  of  snch  cases  of  acci- 
deatsl  er  jostifiable  homicide  as  admitted  of  or  re- 
quired ezpktifln,  before  the  accosed  could  resmne 
the  dril  and  religious  rights  he  had  lost:  a  re- 
iBBptkii  inroossible  in  cases  of  wilfiil  mnrder,  the 
cspital  pamsmaent  for  which  eonld  only  be  esoped 
hj  haaiiknient  for  life,  so  that  no  expiation  was 
leqnized  cr  given.    (Muller,  jEiniMa.  §  64  ;  PoUaz, 
Tm.  125.)     Now  the  Ephetar  fimnerly  adminis- 
tered justice  in  five  couits,  and  for  this  and  other 
icaspos  it  has  been  conjectnred  that  they  and  the 
Areiopagus  then  fonned  one  coort,  which  decided 
m  all  cases  of  morder,  whether  wilftil  or  accidental. 
Is  snppoft  of  this  view,  it  has  been  urged  that  the 
lepazatiin  of  functions  was  rendered  necessaiy  by 
tliat  ehsx^  of  Solon  which  made  the  Areiopagus 
DO  longer  aa  aristocratic  body,  while  the  Ephetae 
maained  so^  and  as  snch  were  competent  to  ad- 
niiiistcr  the  rights  of  expiation,  fonning,  as  they 
did,  a  pert  of  tbe  sacred  law  of  Athois,  and  there- 
fare  left  in  the  hands  of  the  old  patricians,  even 
after  the  loss  of  their  political  privileges.    Oa  this 
point  we  may  xemaik,  that  the  connection  insisted 
6B  waj  to  a  great  extent  be  Ime  ;  but  that  there 
was  not  a  coiqileto  identic  of  functions  is  proved 
br  Plstareh  {Solom.  c.19),  in  a  qnototion  from  the 
hws  of  Sokm,  showing  that  even  before  that  legis- 
lator the  Afuopagites  and  Ephetae  were  :' 


AREIOPAGU& 


m 


It  hss  been  obser?ed,  in  the  article  Ajkcbon, 
thst  the  principal  change  introduced  by  Solon  in 
the  oonstitatian  of  Athens,  was  to  make  the  quali- 
fication for  office  depend  not  on  birth  but  property  ; 
abo  that,  i^ieeably  to  his  reforms,  the  ninearehons, 
after  aa  nnexeeptianable  discharge  of  their  duties, 
''vest  vp**  to  the  Areiopagoa,  and  became  mem- 
btn  of  it  far  fife,  unleaa  expelled  for  miscondnct. 
(Deiaar.  c:  Demc$ik  y.  97  ;  ¥\vA.SoL  c  18.) 

The  eoundl  then,  aft^  his  time,  ceased  to  be 
arirtooatie  in  eonstitntion  ;  bnt,  as  we  leam  from 
Attic  writea*  eontinned  so  in  spirit.     In  foct, 


SolsB  is  aaid  to  have  fesmed  the  two  eoonefli,  the 
senate  and  the  Areioutgna,  to  be  a  check  upon  the 
demooaey  ;  that,  as  he  himaelf  expressed  it,  **  the 
stote,  riding  npon  them  as  anehora,  m^t  be  less 
tossed  by  stonnsL**  Nay,  even  after  the  arehons 
were  no  longer  elected  l^  sofiage  bat  by  lot,  and 
the  office  was  thrown  open  by  Aristeides  to  aU  the 
Athenian  citizens,  the  **  upper  000001**  still  re- 
tained its  former  tone  of  fieding.  We  learn,  in- 
deed, from  Isoceates  {Areio^  p.  147),  that  no  one 
was  so  bad  as  not  to  put  off  his  old  habits  on  be- 
coming an  Areiopagite;  and  though  this  may  refer 
to  privato  rather  than  pnblic  conduct,  we  may  not 
unreasonably  suppose  that  the  political  principles 
of  the  younger  would  always  be  mndififd  by  the 
older  and  more  nnmenMis  members— a  nM»diiiati«n 
which,  though  continually  less  in  degree,  would 
still  be  the  ssme  in  direction,  and  make  the  Ani»- 
pogos  what  Perides  found  it,  a  oounti 
to  the  democracy.  Moreover,  besides  these  ch 
in  ite  oonstitotion,  Sokm  altered  and  extended  ito 
fimctions.  Before  his  time  it  was  only  a  criminal 
court,  trying  cases  of  **  wilful  minder  and  wonnd- 
ing,  of  anon  and  poiaoning**  (PoUnx,  viii  117 ; 
Dem.  0.  AriMt,  p.  627),  whereas  he  cave  it  extensive 
powers  of  a  censorial  and  political  nature.  Thoa 
we  learn  that  he  made  the  council  an  **ovcrseer 
of  everything,  and  the  guardiaa  of  the  laws,**  em- 
powering it  to  inquire  how  any  one  got  his  living, 
and  to  punish  the  idle.  (Plntareh.  Sokm,  c  22  ; 
Isoc  L  &) 

We  leam  from  other  authorities  that  the 
Arempagites  were  **  superintendente  of  good  order 
and  decency,**  terms  rather  unlimited  and  unde- 
fined, as  it  is  not  improbable  Solon  wished  to 
leave  their  authority.  There  are,  however,  re- 
corded some  particular  instances  of  its  exertion. 
(Atfaen.iv.  pp.  1 67,  c. — 168,  b.  vi  p.  245,  e.  ed.  Din- 
dorf ;  PoUux,  viiL  112.)  Thus  we  find  that  they 
called  persons  to  account  fixr  extravaeant  and  dis- 
soluto  living,  and  that  too  even  in  ute  later  days 
of  Athenian  history.  On  the  other  hand,  they  oe- 
carionalty  rewarddl  remaikable  cases  of  indiutry, 
and,  in  company  with  certain  officen  called 
TVMuieortf/Aoi,  made  domidliaiy  visits  at  prinUe  en- 
tertainments, to  see  that  the  number  of  gueste 
was  not  too  large,  and  also  for  other  purposes. 
But  their  censorial  and  political  authority  was  not 
confined  to  matters  of  thii  snbordinato  chaiacter. 
We  leam  from  Aristotle  (Pint.  TkmtM.  c.  10 ;  see 
Bockh,  voL  i.  p.  208),  that  at  the  time  of  the 
Median  invasion,  when  there  was  no  money  in 
the  pnblic  treasury,  the  Areiopagus  advanced  eight 
drachmae  a  man  to  each  of  the  nilon — astotement 
which  proves  that  they  had  a  treasury  of  their 
own,  rather  than  any  control  over  the  public 
finances,  as  some  have  inferred  from  it  (Thiriwall, 
Hist  Gneeee,  voL  iiL  app.  1.)  Again,  we  are  told 
(Lyeaig.  &  £00^  p.  154)  that  at  the  time  of  the 
battle  of  Chaeroneia,  they  seized  and  put  to  death 
those  who  deserted  their  oonntiy,  and  that  they 
were  thought  by  some  to  have  been  the  chief  pre- 
servation of  the  city. 

It  is  probable  that  publie  opmion  supported 
them  in  acts  of  this  kind,  without  the  aid  of  which 
they  must  have  been  powerless  for  any  snch  ob- 
jects. In  connection  with  this  point,  we  may  add 
that  when  heinous  crimes  had  notoriously  been 
committed,  but  the  guilty  parties  were  not  known, 
or  no  accnser  appeared,  tne  Areiopaffus  inquired 
into  the  subject,  and  reported  (&9ro^a&cv)  to  the 


128 


ARETOPAGU& 


demnB.  The  report  or  informatioii  was  called 
ii,w6^>airis.  This  was  a  duty  which  they  sometimes 
undertook  on  their  own  responsibility,  and  in  the 
exercise  of  an  old-established  right,  and  sometimes 
on  the  order  of  the  demns.  (Deinarch.  c  Dem.  pw  97 ; 
Schumann,  De  Cbrndns,  p.  217,  tnmsL)  Nay, 
to  such  an  extent  did  they  cany  this  power,  that 
on  one  occasion  they  apprehended  an  individual 
(Antiphon)  who  had  been  acquitted  by  the 
general  assembly,  and  again  brought  him  to  a 
trial,  which  ended  in  his  condemnation  and  death. 
(Dem.  De  Cor.  pp.271,  272;  Deinaich.  cDenu 
p.  98.)  Again,  we  find  them  revoking  an  appoint- 
ment of  the  people  whereby  Aeschines  was  made 
the  advocate  of  Athens  b^ore  the  Amphictionic 
council,  and  substituting  Hyperides  in  his  room. 
In  these  two  cases  also,  they  were  most  probably 
supported  by  public  opinion,  or  by  a  strong  party 
in  tlie  state.     (Dem.  /.  a) 

They  also  had  duties  connected  with  relicion, 
one  of  which  was  to  superintend  the  sacred  olives 
growing  about  Athens,  and  tiy  those  who  were 
charged  with  destroying  them.  (Lysias,  IIcpl  rov 
2i}«coD,  p.  110.)  We  read,  too,  that  in  the  dis- 
charge of  their  duty  as  religious  censors,  they  on 
one  occasion  examined  whether  the  wife  of  the 
king  archon  was,  as  required  by  law,  an  Athenian ; 
and  finding  she  was  not,  imposed  a  fine  upon  her 
husband.  (Dem.  c  Nsaer.  p.  1372.)  We  learn 
firom  the  same  passage,  that  it  was  their  office 
generally  to  punish  the  impious  and  irreligious. 
Agun  we  axe  told,  though  rather  in  a  rhetorical 
way,  that  they  relieved  the  needy  from  the  re- 
sources of  the  rich,  controlled  the  studies  and 
education  of  the  young,  and  interfered  with  and 
punished  public  characters  as  such.  (Isocr.  Areiop, 
p.  161.) 

Independent,  then,  of  its  jurisdiction  as  a 
criminal  court  in  cases  of  wilfid  murder,  which 
Solon  continued  to  the  Areiopagus,  its  influence 
must  have  been  sufficiently  great  to  have  been  a 
considerable  obstacle  to  the  agsrandisement  of  the 
democracy  at  the  expense  of  the  other  parties  in 
the  state.  In  fiict,  Plutarch  (Solon,  c.  18),  ex- 
pressly states  tlutt  Solon  had  this  object  in  view 
m  its  reconstruction ;  and  accordingly,  we  find 
that  Pericles,  who  never  was  an  archon  or  Areio- 
pagite,  and  who  was  opposed  to  the  aristocracy  for 
many  reasons,  resolved  to  diminish  its  power  and 
circumscribe  its  sphere  of  action.  His  coadjutor 
in  this  woric  was  Ephialtes,  a  statesman  of  inflexible 
integrity,  and  also  a  military  commander.  (Plut 
Cim,  7,  Peric  10,  1 3.)  They  experienced  much  op- 
position in  their  attempts,  not  only  in  the  assembly, 
but  also  on  the  stage,  where  Aeschylus  produced 
his  tragedy  of  the  Eumenides,  the  object  of  which 
was  to  impress  upon  the  Athenians  the  dignity,  the 
sacredncss,  and  constitutional  worth  of  the  insti- 
tution which  Pericles  and  Ephialtes  wished  to  re- 
form. He  reminds  the  Athenians  that  it  was  a 
tribunal  instituted  by  their  patron  goddess  Athena, 
and  puts  mto  her  mouth  a  popular  harangue  full 
of  warnings  against  innovations,  and  admonishing 
them  to  leave  the  Areiopai^is  in  possession  of  its 
old  and  well  grounded  rights,  that  under  its  watch- 
ful guardianship  they  might  sleep  in  security. 
(MUller,  Eunu  §  35.)  Still  the  opposition  failed : 
a  decree  was  carried,  about  b.  &  458,  by  which,  as 
Aristotle  nys,  the  Areiopagus  was  *^  mutOated,**  and 
many  of  its  hereditary  rights  abolished.  (Arist  PoL 
ii  9 ;  Cic.  Z>0  Nat,  Deor.  ii.  29,  De  Rep.  i.  27.) 


AREIOPAGUS. 
Cicero,  who  in  one  place  speaks  of  the  ooundl  as 
governing  Athens,  observes  in  another  that  from  that 
tune  all  authority  was  vested  in  the  eeclesia,  and 
the  state  robbed  of  its  ornament  and  honour.  Plu- 
tarch (dnuMy  15)  tells  us  that  the  people  deprived 
the  Areiopagus  of  neariy  all  its  judicial  authority 
(rebr  Kpitrtis  wXV  ^>Jy9n^  ordo-of),  establishing 
an  unmixed  democncy,  and  making  themselves 
supreme  in  the  courts  of  justice,  as  if  there  had 
formeriy  been  a  superior  tribunal     Bat  we  infer 
from  another  passage,  that  the  oooncil  lost  con- 
siderable authority  in  matters  of  state  ;   for  we 
learn  that  Athens  then  entered  upon  a  career  of 
conquest  and  aggrandisement  to  which  she  had 
previously  been  a  stranger ;  that,  **  like  a  rampant 
horse,  she  would  not  obey  the  reins,  but  sn^)ped 
at  Euboea,  and  leaped   upon  the  neighbonnng 
islands.*^    These  accounts  in  themsdvea,  and  as 
compared  with  others,  are  sufficiently  vague  and 
inconsistent  to  perplex  and  embarrass ;    accord- 
ingly, there  has  been  much  discussion  as  to  the 
precise  nature  of  the  alterations  which  Pericles 
effected ;  some,  amongst  whom  we  may  mention 
MuUer  {Bum.  §  37),  are  of  opinion  that  he  de- 
prived the  Areiopagus  of  their  old  jurisdiction  in 
cases  of  wilful  murder,  and  one  of  his  chief  argu- 
ments is  that  it  was  evidently  the  design  of  Aes- 
chylus to  support  them  in  this  prerogative,  which 
therefore  must  have  been  assailed.     For  a  suffi- 
cient answer  to  this,  we  would  refer  our  readen 
to  Bishop  Thirl  wall's  remarks  {HiaL  of  Greece, 
vol.  iiL  p.  24),  merely  stating  in  addition,  that 
Demosthenes    (c.  Aridocr.    p.  641)  *     expressly 
affirms,  that  neither  tyrant  nor  democracy  had 
ever  dared  to  take  away  from  them  this  jurisdic- 
tion.    In  addition  to  which  it  may  be  remarked, 
that  the  consequences  ascribed  to  the  innovation 
do   not  indicate  that  the  Areiopagus  lost  its  au- 
thority as  a  criminal  tribunal,  but  rather  that  it 
was  shorn  of  its  power  as  superintoiding  the 
morals  and  conduct  of  the  citizens,  both  in  civil 
and  religious    matters,  and  as  exercising  some 
control  over  their  decisions.     Now  an  authority 
of  the  former  kind  seems  fiir  removed  from  any 
political  influence,  and  the  popular  belief  as  to  its 
origin  would  have  made  it  a  dangerous  object  of 
attack,  to  say  nothing  of  the  general  satisfaction 
the  verdicts  had  always  given.     We  may  observe, 
too,  that  one  of  the  chief  features  of  a  democracy 
is  to  make  all  the  officers  of  the  state  responsible ; 
and  that  it  is  not  improbable  that  one  of  the 
changes  introduced  by  Ephialtes  was,  to  make  the 
Areiopagus,  like  other  functionaries,  accountable 
to  the  demus  for  their  administration^  as.  indeed, 
we  know  they  afterwards  were.     (Aesch.  &  Ota. 
p.  56 ;  Bdckh,  vol.  i  p.  353.)      This  simple  re- 
gulation would  evidently  have  made  them  subser- 
vient, as  they  seem  to  have  been,  to  public  opinion; 
whereas    no    such    subserviency  is   recorded  in 
criminal  matters,  their  tribunal,  on  the  contrary, 
being  always  spoken  of  as  most  just  and  holy ;  so 
much  so,  that  Demosthenes  says  (c  ArieL  pp.  641, 
642)  that  not  even  the  condemned  whisp^vd  an 
insinuation    against    the    righteousness    of   their 
verdicts.      Indeed,  the    proceedings    before    the 
Areiopagus,  in  cases  of  murder,  were  by  their 
solenmity  and  fiiimess  well  calculated  to  insure 


*  For  an  able  vindication  of  this  statement  of 
Demosthenes^  the  reader  is  referred  to  Hermann, 
Opuee.  vol.  iv.  p.  299. 


AREIOPAGUSL 

jut  deexnoBt.  The  pvoocai  wm  as  IbDoirt :  —  Tbe 
kii^  aickon  (PoDox,  viii  90)  bnwght  the  caee 
iato  court,  and  sat  as  one  of  the  judges,  who  were 
anembkd  in  the  open  air,  piobaUy  to  goard 
againstanj  eantaminatkm  from  the  cnminaL  (An- 
tipbon,  Db  CmtKU  Herod,  p.  130;  Dem.  e.  AritL 
Lc;  Poniuc,  sm.  33.)  The  aecnaer,  who  was 
Bid  dt  'Apfto^  wdiyor  iwt<nc^^rr§tp^  fint  came  foi^ 
vaid  to  make  a  solemn  oaUi  (jUm/iaoia)  that  his 
smrMtion  was  true,  standmg  over  the  slaoghtered 
Tictxma,  and  imprecaUuig  eztiipation  upon  himself 
and  his  wliole  fiumly,  were  it  not  so.  The  aoGfOsed 
then  denied  the  cham  with  the  tame  solemnitj 
sad  fixm  of  oath.  Each  party  then  stated  hu 
esse  with  all  poasible  plaumeas,  keeping  strictlr  to 
the  subject,  and  not  being  allowed  to  i^ipeu  in 
say  war  to  the  feelings  or  paaiioms  of  the  judges 
{rpoottLAifC^OA  9inc  i^t^  o&M  olieriiwSai. 
AristoC  Rket.  L  1  ;  Pollux,  yiii  117.)  After  the 
fiiit  ^eech  (jtierit  ritw  wp6r€pop  \i6yw\  a  crimtDal 
seeaMd  of  murder  might  remoTO  fiom  Athens, 
sad  thaa  sroid  the  capitsl  punishment  fixed  by 
Dtajea^  Ocv/io^,  which  on  this  point  were  stiU  in 
fcsce.  Except  in  cases  of  panicide,  neither  the 
seeawr  nor  the  court  had  power  to  preTent  this ; 
but  the  party  who  thus  evaded  the  extreme  punish- 
meat  was  not  allowed  to  return  home  {<pt^t 
^M^ryMv),  and  when  any  decree  was  passed  at 
Athena  to  legalise  the  return  of  exika,  an  exception 
vsft  always  made  asainst  those  who  had  thus  left 
their  cuontry  (at  «(  *A^fov  vdtyov  ^vTorrcr). 
See  Plato,  £c^  ix.  11. 

The  repntatioQ  of  the  Areiopagus  as  a  criminal 
cmst  was  of  long  eontinnanoe,  as  we  may  learn 
itam  aa  anecdote  of  Aulus  Oellius,  who  tells  us 
{ra.  7)  that  C  Dolahella,  proconsul  of  the  Ro- 
Dan  pcvvinoe  of  Asia,  referred  a  case  which  per- 
plexed himself  and  his  council  to  the  Areiopagus 
(i<  md  Jmdieeg  jfrnvhrtM  awrntalioretoiw) ;  they 
iagenioasly  settled  the  matter  by  orderii^  the 
parties  to  appear  that  day  100  years  {eeiUetimo 
osao  ademe)»  They  existed  in  name,  indeed,  tiH 
a  very  late  period.  Thus  we  find  Cicero  mentions 
the  csoBcil  in  his  letters  {Ad  Fam.  xiiL  1  ;  Ad 
AtL  L  14,  T.  11) ;  and  under  the  emperors  Gntisn 
sod  Theodesins  (a.  d.  380),  'Po^f  ^ifOTor  is 
caQed  proeoiisnl  of  Greece,  and  an  Areiopagite. 
QUeaaamM^  Araop.) 

Of  the  respectability  and  moral  worth  of  the 

cooBcil,  and  the  respect  that  was  paid  to  it,  we 

have  shondant  proof  in  the  writings  of  the  Athe- 

nisn  onton,  when,  indeed,  it  would  be  difficult  to 

find  it  mentioned    except    in    terms   of  praise. 

Thai  Lynas  speaks  of  it  as  most  righteous  and 

▼eaetsble  (&  Amdoe.  pi  104  ;  compare  Aesch.  e, 

TuMT.  12  ;  Jaofa.  ArgkfK  148) ;  and  so  great  was 

the  Rspect  paid  to  its  membos,  that  it  was  con- 

sidend  rude  in  the  demus  knghiny  in  their  prs- 

seneci  while  one  of  them  was  makmg  an  address 

to  the  assembly  on  a  subject  they  had  been  de- 

pBted  to  inrestigate.   This  respect  might,  of  coune, 

fcrilitste  the  resumption  of  some  of  their  lost 

poatc,  more  especially  as  they  were  sometimes 

iutnsted  with   inquiries  on  behalf  of  the  state, 

as  on  the  occasiott  to  iriuch  we  hare  just  alluded, 

wben  they  were  made  a  sort  of  commissioners,  to 

iaqviie  into  the  state  oi  the  buildings  about  the 

Pbtx,  and  decide  upon  the  adoption  or  rejection 

of  Hoe  proposed  alteiaUons.    Isocrates,  indeed, 

eren  m  iiii  time,  when  the  pcoTWos  inquiry  or 

^^ofuuia  had  fidlen  into  disuse,  speaks  well  of 


ARQ£t 


19» 


their  moral  inflnfflce  $  but  shortlr  after  the  ago  of 
Demetrius  Phalereus,  a  chaz^  had  taken  {uacei 
they  had  lost  much  of  their  respectability,  and 
were  but  ill  fitted  to  enforce  a  conduct  in  others 
which  they  did  not  obserre  themselTes.  (Athen. 
iT.  pc  167.) 

The  case  of  St  Paul  (Act.  xril  22.)  is  generally 
quoted  as  an  instance  of  their  anthori^  in  religious 
matters ;  but  the  words  of  the  lacred  historian  do 
not  necessarily  hnply  that  he  was  brought  before  the 
connciL  It  may,  however,  be  renuuked,  that  they 
certainly  took  coq|niaanoe  of  the  introduction  of 
new  and  unauthonaed  forms  of  religious  worship, 
called  MBm  Itpd,  in  contradistmetion  to  the 
wd(rpM  or  older  rites  of  the  state.  (Harpocfatt.ee. 
Twttfrroi  *Eopral ;  Schtfmann,  De  Cbmtim,  pk.286. 
transL)  There  was  also  a  tradition  that  Pkto  was 
deterred  from  mentioning  the  name  of  Moses  as  a 
teacher  of  the  unity  of  the  Godhead,  by  his  iear  of  the 
Areiopagus.  (Jnstinlfartyr,CSDybr.<M<£?nMe.p.22.) 

With  respect  to  the  number  of  the  Areiopagus 
in  its  original  form,  a  point  of  no  great  moment, 
there  are  various  scoounts;  but  it  is  plain  that 
there  could  have  been  no  fixed  number  when  the 
archons  became  members  of  this  body  at  the  ex- 
piration of  their  year  of  office.  Lysias,  indeed, 
speaks  of  them  (ne^rovSiicov,  pp.  1 10, 1 11 ;  see 
Argmm,  OraL  c  AndraL)  as  forming  a  psit  of  the 
Areiopagus  even  during  that  tune;  a  statement 
which  can  only  be  reooncfled  vrith  the  general 
opinion  on  the  subject,  by  supposing  that  they 
formed  a  part  of  the  council  during  their  year  of 
office,  but  were  not  permanent  memben  till  the 
end  of  that  time,  and  after  passing  a  satisfiutoiy 
examination.  [R»  W.] 

ARE'NA.    [Amphithkatrum.] 

ARETA'LOGI,  a  class  of  persons  whose  con- 
venation  formed  one  of  the  entertunments  of  the 
Roman  dinner-tablesL  (Suet  Oeftve.  74.)  The 
word  literally  signifies  penoiu  who  dUeomne  o6oi4 
vutue;  and  the  class  of  perwrns  intended  seem  to 
hsTe  been  poor  philosophers,  chiefly  of  the  Cynic 
and  Stoic  sects,  who,  unable  to  gain  a  living  by 
their  public  lectures,  obtained  a  maintenance  at 
the  tables  of  the  rich  by  their  philosophical  con- 
venation.  Such  a  life  would  naturslly  degenerate 
into  that  of  the  paiasite  and  buffoon  ;  and  acccHrd- 
ing^y  we  find  tnese  perMus  sp<4Len  of  contemp- 
tuously by  Juvenal,  who  uses  the  phrase  meiuUw 
aretaloguB :  they  became  a  sort  of  scicfTae.  ( Juv. 
SaL  XV.  15,  16 ;  comp.  Casaubon.  ad  Suei.  L  e.  ; 
and  Ruperti  and  Heinrich,  ad  Juv,  I.  ci)      [P.  S.] 

A'RGEI.  We  learn  firom  Livy  (I  22)  that 
Numa  consecrated  pkces  for  the  celebration  of 
religious  services,  which  were  called  by  the  ponti- 
fices  '^  wttteir  Varro  calls  them  the  chapds  of  the 
argei,  and  says  they  were  twenty-seven  in  num- 
ber, distributed  in  the  different  districts  of  the 
dty.  We  know  but  little  of  the  particular  uses 
to  which  they  were  applied,  and  that  little  is  un- 
important Thus  we  are  told  that  they  were 
Boienmly  visited  on  the  Liberalia,  or  festival  of 
Bacchus ;  and  also,  that  wfaeneyer  the  flamen 
dialis  went  (wU)  to  them,  he  was  to  adhere  to 
certain  observances.  They  seem  slso  to  have  been 
the  depositaries  of  topogrephical  records.  Thus 
we  read  m  Varro, — In  merms  Argeorum  mriphun 
nt  tic:  Oppiut  mtm$  prineepi^  &c,  which  is  fol- 
lowed  by  a  description  of  the  neighbourhnod.  There 
was  a  tradition  that  these  arwei  were  named  torn 
the  chieftains  who  came  vrith  Hercules,  the  Aigive, 


180 


ARQENTARII. 


lo  Rome,  and  occupied  the  Capitoline,  or,  as  it  was 
andently  called,  Satnniiaii  bilL  It  ia  impoasible  to 
•ay  what  is  the  histoiical  Talae  or  meaning  of  this 
legend  ;  we  may,  however,  notice  its  confbrmi^ 
with  the  statement  that  Rome  was  founded  by 
the  Pelasgians,  with  whom  the  name  of  Aigos  was 
connected.  (Yair.  Z.  L,  t.  45,  ed.  Mtiller ;  Or. 
FatL  iii.  791 ;  GelL  x.  15 ;  Niebnhr,  Bom,  Hitt 
vol  i  p.  214.) 

The  name  aigei  was  also  given  to  certain  figmes 
thrown  into  the  Tiber  from  the  Snblician  bridge, 
on  the  Ides  of  May  in  every  year.  This  was 
done  by  the  pontifioes,  the  vesttus,  the  praetors, 
and  other  citizens,  after  the  performance  of  the 
customary  sacrifices.  The  images  were  thirty  in 
number,  made  of  bulroshes,  and  in  the  form  of 
men  (cXBwAa  iu^ip^€\a^pn»oonan  siandaeraviro- 
rum).  Ovid  makes  various  suppositions  to  acccnmt 
for  the  origin  of  this  rite ;  we  can  only  conjecture 
that  it  was  a  symbolical  offering  to  propitiate  the 
gods,  and  that  the  number  was  a  representative 
either  of  the  thirty  patrician  curiae  at  Rome,  or 
perhaps  of  the  thirty  Latin  townships.  Dion3rBins 
of  Huicamassus  states  (L  19,  38)  that  the  custom 
continued  to  liis  times,  and  was  instituted  by  Her- 
cules to  satis^r  the  scruples  of  the  natives  when 
he  abolished  the  human  sacrifices  formerly  made 
to  Saturn.  (Varr.  L.L.  vii.  44 ;  Ov. Fast,  v.  621 ; 
Plut.  QkouI.  Rom,  p.  102,  Reiske ;  Arnold,  Rom, 
Hid,  vol  i.  p.  67 ;  Bunsen  and  Platner,  Betehrm" 
Imag  Roms^  vol  i.  p.  688—7020  [R.  W.J 

ARGENTA'RII  (rfHwrcilroi),  bankers  or 
money  changers.  1.  Grssk.  The  bankers  at 
Athens  were  caJled  Tpavc^rcu  firom  their  tabli>s 
(Tpdw9(ou)  at  which  ihey  sat,  while  carxying  on 
their  business.  Public  or  state  banks  seem  to 
have  be^  a  thing  unknown  in  antiquity,  though 
the  state  must  have  exercised  some  kind  of  super- 
intendence, since  without  it  it  is  scarcely  possible 
to  conceive  how  persons  could  have  placed  such 
unlimited  confidence  in  the  banken,  as  they  are 
known  to  have  done  at  Athens.  They  had  their 
stands  or  tables  in  the  market  place  (Plat  ApoL 
p.  17,  H^.  Min,  p.  868),  and  although  the  bank- 
ing and  money  cnanging  business  was  mostly 
carried  on  by  iiiroiKoiy  or  resident  aliens  and  freed- 
men,  still  these  persons  do  not  seem  to  have  been 
looked  upon  with  any  disrespect,  and  the  business 
itself  was  not  disreputable.  Their  principal  occu- 
pation was  that  of  changing  money  at  an  agio 
(Isocrat  Trapex,  21  ;  Dem.  De  JaU.  Leg,  pi  376, 
0.  Pofyd,  p.  1218  ;  Pollux,  iii  84,  viL  170)  ;  but 
they  firequently  took  money,  at  a  moderate  pre- 
mium, from  persons  who  did  not  like  to  occupy 
themselves  with  the  management  of  their  own 
affairs.  Thus  the  fiither  of  Demosthenes,  e.  g,^ 
kept  a  part  of  his  capital  in  the  hands  of  bankers. 
(Dem.  c  Aphob,  I  p.  816.)  These  persons  then  lent 
the  money  with  profit  to  others,  and  thus,  to  a 
certain  degree,  obtained  possession  of  a  monopoly. 
The  greater  part  of  the  capital  with  which  they 
did  business  in  this  way,  belonged  to  others  (Dem. 
p,  Phorm,  p.  948),  but  sometimes  they  also  em- 
ployed  coital  of  their  own.  Although  their  sole 
object  was  pecuniaiy  gain  (Dem.  p,  Phorm,  p.  953), 
and  not  by  any  means  to  connect  themselves  with 
wealthy  or  illustrious  fimiUies,  yet  they  acquired 
great  credit  at  Athens,  and  formed  business  con- 
nections in  all  the  principal  towns  of  Greece, 
whereby  their  business  was  effBCtually  supported. 
(Dem.  p,  Phorm,  p.  958,  aPo^^  p.  1224.)    They 


ARGENTARII. 

even  mamtained  so  great  a  reputation  that  ihH  only 
were  they  considered  as  secure  merely  by  virtue  of 
their  calling,  but  such  confidence  was  placed  in 
them,  that  sometimes  business  was  transacted  \rith 
them  without  witnesses  (Isocr.  Trapex,  2X  ^^^^ 
that  money  and  contracts  of  debt  were  deposited 
with  them,  and  agreements  were  concluded  or  can- 
celled in  their  presence.  (Dem.  e.  CaU^.  p.  1 243, 
c  Dkmjfsod,  p.  1287.)  The  great  importance  of 
their  business  is  dear  from  the  immense  wealth  of 
Pasion,  whose  bank  produced  a  net  annnal  profit 
of  100  mmae.  (Dem.  p,  Phorm,  p.  946.)  There 
are,  however,  instances  of  bankers  losing  every- 
thing they  possessed,  and  becoming  uftcr^  l>ank- 
rupt  (Dem.  p.  Phorm,  p.  959,  e,  sSph,  L  pw  II 20.) 
That  these  bankers  took  a  high  interest  when  they 
lent  out  money,  scarcely  needs  any  proof,  their 
loans  on  the  deposits  of  goods  are  sufficient  evi- 
dence. (Dem.  c.  Nicostr,  p.  1249.)  Their  iiaual 
interest  was  36  per  cent,  an  interest  that  acaacclj 
occurs  any  where  except  in  oases  of  money  lent  on 
bottomry.  The  only  instance  of  a  bank  recognized 
and  conducted  on  behalf  of  the  state  occurs  at 
Byzantium,  where  at  one  time  it  was  let  by  the 
republic  to  capitalists  to  iarm.  (Arist.  Oeoon,  ii. 
p.  283 ;  comp.  Bdckh,  PM.  Eeonom,  ^  Athens^ 
p.  126,  &c  2d  edit) 

2.  Roman.  The  Argmlarti  at  Rome  were  also 
called  orgmiieaA  mmuae  eMreUont,  ar^enii  dis- 
iractontajkdnegoiiaioreste^iargeiimae,  (Orelli, 
Inacript,  n.  4060.)  They  must  be  distingaished 
froBk  the  mentarii  or  public  bankers,  though  even 
the  ancients  confound  the  terms,  as  the  memmxrii 
sometimes  did  the  same  kind  of  business  as  the 
Bigentarii,  and  they  must  also  be  distingaished 
from  the  mmmnUirii,  [Mkitsaru;  Kuncasu- 
LARii.]  The  argentarii  were  private  peraons,  who 
carried  on  business  on  their  own  responsibility,  and 
were  not  in  the  service  of  the  republic  ;  hut  the 
shops  or  tabemoiS  which  they  occupied  and  in 
which  they  transacted  their  business  about  the 
forum,  were  state  property.  (Dig.  18.  tit.  1. 
s.  32  ;  liv.  xl.  51.)  As  their  chief  business  -was 
that  of  changing  money,  the  aigentarii  probably 
existed  at  Rome  from  very  early  times,  as  the  in- 
teroonrse  of  the  Romans  with  other  Itidian  nations 
could  not  well  exist  without  them  ;  the  first  men- 
tion, however,  of  their  existing  at  Reone  and 
having  their  shops  or  stalls  around  the  famm,  oc- 
curs about  B.  c.  350,  m  the  wars  against  the  Sam- 
nites.  (Liv.  vii.  21.)  The  business  of  the  ar»»n- 
tarii,  with  which  that  of  the  mensarii  coincided 
in  many  points,  was  very  varied,  and  comprised 
almost  every  thing  connected  with  money  or  mer- 
cantile tzansactions,  but  it  may  be  divided  into 
the  following  branches.  1.  PermnOatio,  or  the 
exchange  of  foreign  coin  for  Roman  coin,  in 
which  case  a  small  agio  (collybus)  was  paid  to 
them.  (Cic  m  Verr.  iii  78.)  In  later  times 
when  the  Romans  became  acquainted  with  the 
Greek  custom  of  usmg  bills  of  exchange,  the 
Roman  argentarii,  e.g.,  received  sums  of  money 
which  had  to  be  paid  at  Athens,  and  then  drew 
a  bill  payable  at  Athens  by  some  banker  in 
that  city.  This  mode  of  transacting  busmess 
is  likewise  called  permutatio  (Cic.  ad  Att,  sdi. 
24,  27,  XV.  15 ;  comp.  v.  16,  xi.  1,  24,  ad 
Fam,  ii.  17,  iii  5,  orf  Qumt,  Frat.  I  3,  jd.  I^^ 
bir,  14),  and  rendered  it  necesiaiy  for  the  argen- 
tarii to  be  acquainted  with  the  current  value  of 
the  same  coin  in  different  ph^es  and  at  different 


ABOENTABIL 

tML     (See  tjiecammait.  an  Cic.  jpry  Qwiirf,  4,) 
%  Hie  keeping  of  same  of  nooey  ibr  otlier  per> 
MBft.    Sodh  mwy  n^ifat   be  depoeited  bj  the 
evBcr  BMfely  to  nve  famiaelf  the  tzoaUe  of  keep- 
isf  it  aad  mkiiig  paymeati,  and  in  tUt  case  it 
ves  edkd  depotHmmj  the  aigentsrius  then  paid 
i  the  menejwai  called «a6i»/»e- 
Wben  a  paymemtvai  te  be  made,  the 
r  ttM  the  argentorine  perMiiaUy  or  he 
diev  a  ckeqoe.     (Pknt.  CkanatL  iL  3.  66,  ftc^  iii. 
6fi,  IT.  31  3),  &C.)    Or  the  monej  wai  depoeited  on 
<wirfiii«  of  tbe   aigoitaiins  paying  inteicft ;  in 
thii  ease  the  monej  was  called  crvriitaM,  and  the 
aifuilaiiaa  might  of  ooune  employ  the  money 
^BDMlf  in  miy  huatiTe  manner.    (Suet  Awff,  39.) 
The  aigeBtaau  thos  did  almost  the  same  sort  of 
Iwnnum  as  a  aodeni  banker.     Many  penons  en- 
tnsted  aU  their  camtal  to  them  (Ci&p.  Oma  6), 
sad  hjitaaeea  in  whieh  the  angntsni  made  pay- 
■ate  ia  the  name  of  thoee  whMo  monsj  they  had 
is  hand,  aoe  mentioned  very  freqoentfy.     A  pay- 
Bent  made  thnmgh  a  banker  was  called  jmt  aiea- 
mm,^watmaaf  orysr  iw«saif  seryfara— ,  while  a 
psTmeat  laade  by  the  debtor  in  person  was  a  pay* 
BKst  or  ores  or  de  domo,     (PhwL  OntmL  t.  3. 
7,  ft«^  43,  Oqeft'o.  iL  3.  89  ;   Cie.  otf  ^tt.  i  9, 
Tap.  3  ;  SehoL  ad  HoraL  £UL  ii  3.  69  ;  Sense 
EpaL   26;  Gains,  iiL   131.)      An    aigentaiins 
Bercr  paid  away    any   person^  money  without 
bebg  eilher  anthoriaed  by  him  in  penon  or  re- 
eeiTi^g  a  dieqae  whieh    was  called  prn'tenpth^ 
aad  the  payment  waa  then  made  either  in  cash, 
(^  if  the  psESoo  vho  was  to  noeive  it,  kept  an 
aceoaat  with  the  same  banker,  he  had  it  added 
is  the  baakerls  book  to  his  own  deposit  This  was 
fikcwise  called  ^sTMrAers  or  simply  senftsw.  (Pkmt 
Jm.  a.  4.  30,  Aie^  CmrmL  t.  2.  20 ;  Donat  ad 
r««LPionB.T.  7.  2a,ft4^arf^ds^iL4.1S; 
Qc.  od  jiiL  IT.  18,  ix.  12,   zii.  51,   PiO^.  t.  4, 
«  Verr.  t.  19  ;  Hont.  Sat,  ii  3.  76.)     It  also  oe- 
oastWtaigentarii  madepayments  fisr  penons  who 
hid  not  deposited  any  money  with  them ;  this 
m  eqairalent  to  lending  money,  whieh  in  £ut 
they  sftes  did  ftr  a  certain  per  cenlsge  of  interest 
(Pkst  Chvc  IF.  1.  19,  2.  22,  TVae.  L  1.  61,  Ac, 
Jb>£  i  2L  40;   Tae.  Aon.  tL  17.)     Of  all  this 
I,  sf  the  receipts  as  well  as  of  the  ezpen- 
the  aigentarii  kept  aecmato  aeeoonts  in 
MucaOed  eo&es,  fateftK  or  nxeidiiM  (Plin.  i7.  AT. 
n.  7),  aad  there  is  erery  reason  for  beUering  that 
^  were  acqnainted  with  what  is  called  m  book- 
fce^B^  doable  cntiy.      When  an  aigentarios  set- 
tied  In  aeconnts  widi  persons  with  whom  he  did 
Iwiiisem,  it  was  done  either  in  writing  or  ocslly, 
both  patties   meeting  lor  the  porpose    (Dig.  2. 
tk.U.  S.47.   §1,   14.  tit  8.   s.20;  Phut  Am- 
U.m.h.  6S,&&),  and  the  party  fmmd  to  be  in 
debt  paid  what  he  owed,  aad  then  had  his  name 
e^Mod  (aooMa  ospedHrs  or  eapaagere)    from  the 
fasaker^  books.     (Pbat  CitL  I  3.  41  ;   Cic.  oJ 
AM.  xn.  6.)     As  the  books  of  the  aigentarii  were 
fQiosily  kept  vidi  gieat  aomuat^,  and  partieo- 
kriy  ia  regard  to  data,  they  ware  looked  open  as 
dacameats  of  high  andiority,  aad  were  I4ipealed 
ioB  the  eoots  of  jostioe  as  nneaaieptionable  eri- 
desee.    (Cic^  jx.  Ouc  6  ;  Gellias,  ziT.  2.)   Henee 
the  sfgentarii  were  elien  concemed  in  eiTil  cases, 
as  BMocy  tmnsactions  were  rarely  eoochided  with- 
eat  their  hiilnenoe  or  co-op^mtion.    Their  codices 
cr  tshsiae  eoold  not  be  withheld  from  a  perwn 
vhs  ia  esort  refarred  to  them  for  the  porpose  of 


AKOKNTAlUf. 


131 


his  cause,  aad  to  ptodnea  them  was 
calledodsrv  (Dig.  2.  tit  13.  a.  1.  §  1),  wpn^irra 
codiema  (2.  tit  13.  s.  6.  ||§  7,  8).  3.  Their  con- 
nection widi  oommeroe  and  pnblic  anetions.  This 
faianeh  of  their  basinem  seems  to  hare  been  one  of 
the  moat  aaeisnt  In  primto  sales  aad  pnrrhsses, 
they  snmHimfa  acted  as  argents  fiir  eitncr  party 
(aitoijiiaiis.  Plant  Cbie.  iii  1.  61),  and  sometimes 
they  nndcrtook  to  sell  the  whole  estate  of  a  peraon, 
as  an  inheritaaoeu  (Dig.  5.  tit  3.  s.  18,  46.  tit 
3.  s.  88.)  At  puUie  anetions  they  were  almost 
invariably  prasent,  registering  the  articles  sold, 
their  prioes,  aad  pnrehasera,  and  receiving  the  pay- 
ment from  the  purehasen.  (Cic.  p.  Case.  4,  6 ; 
(^linctiL  xi  2 ;  Suet  Asr.  6 ;  Gmns,  iv.  126  ; 
(>>pitoIin.  Awtom,  9.)  At  anetions,  howeTcr,  the 
sigentarii  might  transact  business  throogh  their 
deiks  or  senrants,  who  were  called  eoaetom  from  * 
their  ooUeeting  the  money.  4.  The  testing  of  the 
genuineness  o?  coins  {probaiio  aaiaioi  asi).  The 
frequent  esses  of  ibigeiy,  as  wdl  as  the  frequent 
oecuirence  of  foreign  coins,  rendered  it  necessary 
to  have  persons  to  decide  upon  their  value,  and  the 
aigentani,  from  the  natoxe  of  thdr  oocupation,  were 
belt  qualified  to  act  as  probatotes ;  henoe  they 
were  present  in  this  capacity  at  all  payments  of 
any  kige  amount  This,  however,  seems  originally 
to  have  been  a  part  of  the  dnty  of  public  oflioers, 
the  mensarii  or  nummularii,  until  in  the  eourse  of 
time  the  opinion  of  an  aigentarius  also  came  to  bo 
looked  upon  as  decisive ;  and  this  custom  was 
sanctioned  by  a  law  of  Marius  Ontidianus.  (PUn. 
H,  N.  xziii  9  ;  compc  Cic.  ad  AtL  zii  6  ;  Dig. 
46.  tit  3.  s.  39.)  5.  The  mtUdonm  vtadUio,  that 
is,  the  obligation  of  pnrehasniff  from  the  mint  the 
newly  ooin«l  money,  and  drcmating  it  among  the 
people.  This  brsnch  of  their  fractions  occurs  only 
under  the  empire.  (Symmach.  Bpid.  iz.  49 ; 
PMcop.  Amecd,  26 ;  comp.  Salmasius,  Db  Una;  c 
17.  n.  504.) 

Although  the  argentarii  were  not  in  the  service 
of  the  state,  they  existed  only  in  a  limited  number, 
and  Harmed  a  eoUeginm,  which  was  divided  into 
tottuiiain  or  oorponttiflns,  which  alone  had  the  right 
to  admit  new  members  of  their  guild.  (Orelli, 
/aserytf.  n,  918,  995.)  It  appeara  that  no  one 
but  free  men  could  become  memben  of  such  a  cor^ 
poiation,  and  whenever  sbves  are  mentioned  as 
argentarii,  they  most  be  oonoeived  as  acting  only 
as  servants,  and  in  the  name  of  their  masters,  who 
remained  the  responsible  parties  even  if  slaves  had 
transacted  bosbess  with  their  own  pecniium.  (Dig. 
2.  tit  13.  s.  4.  §3,  14.  tits.  s.  19.)  Withr^ard 
to  the  legal  relation  among  the  members  of  the 
corporatioBs,  there  existed  various  regulations ;  one 
member  (sodus),  for  example,  was  responsible  for 
the  other.  (Anct  ad  Heremn,  ii  13 ;  Dig.  2.  tit 
14.  as.  9,  25,  27.)  They  also  enjoyed  several 
privileffes  in  the  time  of  the  empire,  and  Justinian, 
a  partHwlar  patron  of  ihe  aigentarii^  gK*^y  in- 
CTMsed  these  privil^;es  (Justin.  Niw.  136) ;  but 
dishonest  aigentarii  were  always  severely  punished 
(Suet  Ckdb.  10  ;  Anson,  ^m^t.  15),  and  in  the 
time  of  the  emperon,  they  were  under  the  super- 
intendence of  the  praefectos  uibi  (Dig.  1.  tit  12. 
s.  1.  §  9.) 

As  refptfds  the  respeetabilHy  of  the  aigentarii, 
the  passages  of  the  an«nents  seem  to  contradict  one 
another,  for  some  writers  speak  of  their  occupation 
as  respectable  and  honourable  (Cic  p.  Oaee.  4 ; 
AuieL  Vict  72;  Suet  Vmp,  1 ;  Acron.  ad  Horat 
K  2 


132 


AROKNTUM. 


Sat.  L  6.  86),  while  Athen  speak  of  them  with 
contempt  (Plant  Cure,  W.  2.  20,  Conn,  ProL  25, 
&C. ;  Tructd,  i  1.  47) ;  hut  this  contradiction  may 
he  easily  reconciled  by  dis^gnishing  hetween  a 
lower  and  a  higher  class  of  ai^ntariL  A  wealthy 
argentarins  who  carried  on  basiness  on  a  lai^ 
scale,  was  nndoahtedly  as  much  a  person  of  re- 
spectability as  a  banker  in  modem  times ;  but 
others  who  did  business  only  on  a  small  scale, 
or  degraded  their  calling  by  acting  as  usurers,  can- 
not have  been  held  in  any  esteem.  It  has  already 
been  observed  that  the  aigenteriS  had  their  shops 
round  the  forum  (Li v.  ijc.  40,  xxvi.  11, 27 ;  Pkut 
True,  i  1.  51 ;  Terent  Phorm,  v.  6.  28,  Addph, 
ii.  4. 13) ;  hence  to  become  bankrupt,  was  expressed 
by  fitro  eedere^  or  oMrs,  or  /bro  mergi,  (Plaut 
Epid.  I  2.  16 ;  Dig.  16.  tit  3.  s.  7.  §  2.)  The 
*  shops  or  booths  were  public  property,  and  built  by 
the  censors,  who  sold  the  use  of  them  to  the  azgen- 
tariL  (Liv.  xxxix.  44,  xl.  51,  riL  27,  xliv.  16; 
comp.  J.  G.  Sieber,  DittertcU.  ds  Arpentariu,  Lip- 
siae,  1737 ;  H.  Hubert,  Di^atU.  juHdicae  HI.  de 
Argentaria  veterum,  Tmject  1739 ;  W.  T.  Kraut, 
De  ArgeniariU  d  NumtMilariie^  Gottingen, 
1826.)  [L.  S.] 

ARGENTUM  (itpyv^f),  silver,  one  of  the  two 
metals  which,  on  account  of  their  beauty,  their  du- 
rability, their  density,  and  their  rarity,  have  been 
esteemed  in  all  civilised  countries,  and  in  all  ages,  as 
preciouB,  and  which  have,  on  account  of  the  above 
qualities  and  the  fieuality  of  working  them,  been  used 
for  money.  The  ancients  were  acquainted  with  silver 
from  the  earliest  known  periods.  (Pliny  ascribes  its 
discovery  to  Erichthonius  or  to  Aeacus,  H,  iV.  vii. 
56.  s.  57.)  It  is  constantly  mentioned  in  Homer; 
but  in  a  manner  which  proves  that  it  was  com- 
paratively scarce.  It  was  much  more  abundant  in 
Asia  than  in  Greece  Proper,  where  there  were  not 
many  silver  mines.  The  accounts  we  have  of  the 
revenues  of  the  early  Lydian  and  Persian  kings, 
and  of  the  presents  of  some  of  them,  such  as  Gyges 
and  Croesus,  to  Pytho  and  other  shrines,  prove 
the  great  abundance  of  both  the  precious  metals  in 
Western  Asia.  Of  this  wealth,  however,  a  very 
huge  proportion  was  laid  up  in  the  royal  and 
sacred  treasuries,  both  in  Asia  and  in  Greece.  But 
in  time,  and  chiefly  by  the  effects  of  wars,  these 
accumulations  were  dispersed,  and  the  precious 
metals  became  commoner  and  cheaper  throughout 
Greece.  Thus,  the  spoils  of  the  Asiatics  in  the 
Persian  wars,  and  the  payment  of  Greek  meroe- 
nari.'s  by  the  Persian  kings,  the  expenditure  of 
Pericles  on  war  and  works  of  art,  the  plimder  of 
the  temple  of  Delphi  by  the  Phocians,  the  military 
expenses  and  wholesale  bribery  of  Philip,  and, 
above  all,  the  conquests  of  Alexander,  caused  a 
vast  increase  in  the  amount  of  silver  and  gold  in 
actual  circulation.  The  accounts  we  have  of  the 
treasures  possessed  by  the  successors  of  Alexander 
would  be  almost  inoedible  if  they  were  not  per- 
fectly well  attested. 

It  was  about  this  time  also  that  the  riches  of 
the  East  began  to  be  familiar  to  the  Romans, 
among  whom  the  precious  metals  were,  in  early 
times,  extremely  rare.  Verr  little  of  them  was 
found  in  Italy ;  and  though  Cisalpine  Gaul  fur- 
nished  some  gold,  which  was  carried  down  by  the 
Alpine  torrents,  it  contained  but  a  very  small  pro- 
portion of  silver.  The  silver  mines  of  Spain  nad 
been  wrought  by  the  Carthaginians  at  a  very 
early  period  ;  and  from  this  source,  as  well  as 


ARGENTUM.' 

from  the  East,  the  Romans  no  doubt  obtained  most 
of  their  silver  as  an  article  of  commerce.  But 
when  first  Spain  and  then  Greece,  Asia  Minor, 
and  Syria,  were  brought  beneath  the  Roman 
power,  they  obtained  that  abundant  supply  both 
of  silver  and  gold  which  f<»ined  the  instrument  of 
the  extravagance  and  luxmy  of  the  later  republic 
and  the  empire.  **  The  value  of  the  precious 
metals  did  not,  however,  fiill  in  proportion  to  their 
increase,  as  huge  quantities,  wrought  for  works  of 
art,  were  taken  out  of  circulation.**  (Bockh.) 

The  relative  value  of  gold  and  sOver  differed 
considerably  at  different  periods  in  Greek  and 
Roman  history.  Herodotus  mentions  it  (iii  95) 
as  13  to  1 ;  Pkto  (H^.  c  6.  p.  231),  as  12  to  1  ; 
Menander  (ap.  PoUme.  ix.  76),  as  10  to  1  ;  and 
Livy  (xxxviiL  11),  as  10  to  I,  about  b.  a  189. 
According  to  Suetonius  (JtiL  Caet,  54),  Juliua 
Caesar,  on  one  occasion,  exchanged  silver  lor  gold 
in  the  proportion  of  9  to  1  ;  but  the  most  usual 
proportion  under  the  early  Roman  emperors  was 
about  12  to  1 ;  and  from  Constantine  to  Justinian 
about  14  to  1,  or  15  to  1.  The  proportion  in  mo* 
dem  times,  since  the  discovery  of  the  American 
mines,  has  varied  between  17  to  1  and  14  to  1. 

SUioer  Mine*  and  Ores.  —  In  the  earliest  times 
the  Chreeks  obtained  their  silver  chiefly  as  an 
article  of  commerce  from  the  Phocaeans  and  the 
Samians ;  but  they  soon  began  to  work  the  rich  mines 
of  their  own  country  and  its  islands.  The  chief 
mines  were  in  Siphnos,  Thessaly,  and  Attica.  In 
the  last-named  country,  the  silver  mines  of  Laurioa 
furnished  a  most  abundant  supply,  and  were  gene- 
rally regarded  as  the  chief  soturce  of  the  wealth  of 
Athens.  We  learn  from  Xenophon  {VecHg.  iv. 
2),  that  these  mines  had  been  worked  in  remote 
antiquity ;  and  Xenophon  speaks  of  them  as  if  he 
considered  them  inexhaustible.  In  the  time  of 
Demosthenes,  however,  the  profit  arising  from 
them  had  greatly  diminished ;  and  in  the  second 
century  of  the  Christian  era  they  were  no  longer 
worked.  (Pans.  i.  1.  §  1.)  The  Romans  obtained 
most  of  their  silver  from  the  very  rich  mines  of 
Spain,  which  had  been  previously  worked  by  the 
Pnoenicians  and  Carthagmians,  and  which,  though 
abandoned  for  those  of  Mexico,  are  still  not  ex> 
hausted.  The  ore  from  which  the  silver  was  ob- 
tained was  called  ailver  earth  (ipyupmr  7^,  or 
sunply  iipyvpiTif,  Xen.  Vedig.  i.  5,  iv.  2).  The 
same  term  (terra)  was  also  allied  to  the  ore  by 
the  Romans. 

A  full  account  of  all  that  is  known  respecting 
the  ores  of  silver  known  to  the  ancients,  their 
mining  operations,  and  their  processes  for  the  re- 
duction  of  the  ores,  is  given  by  Bik:kh.  {Disaeria- 
tiou  OS  the  Silver  Mines  o/Laurum^  §§  3,  4,  5.) 

Uses  0/ Silver.  —  By  for  the  most  important  use 
of  silver  among  the  Greeks  was  for  money.  It 
was  originally  the  nniversal  currency  in  Greece. 
Mr.  Knight,  however,  maintains  (PtoL  Horn.)  that 
gold  was  coined  first  because  it  was  the  more 
readily  found,  and  the  more  easily  worked ;  but 
there  are  sufficient  reasons  for  believing  that,  un- 
til some  time  afUr  the  end  of  the  Peloponnesian 
war,  the  Athenians  had  no  gold  currency.  [Au- 
RUM.]  It  may  be  remarked  here  that  all  the 
words  connected  with  money  are  derived  from 
ipyvpoSf  and  not  from  7CFva'6s,  as  KoropTi^p^, 
"to  bribe  with  money ;"  iLpyvpafun€6sy  **  a  money- 
changer,^ &c;  and  ttfyvpos  is  itself  not  unfire- 
quently  used  to  signify  money  in  general  (Soph* 


ARGIAS  GRAPHS. 

Aali^,  395X  »  a»  i»  in  Latin.  At  Rome,  on  the 
ceBtniT,  wtm  wme  not  coined  till  b.  a  269,  before 
whidi  period  Greek  aalTer  was  in  cticnktion  at 
Boaie ;  and  t^  principal  rilYer  coin  of  the  Ro- 
■aai,  the  demanmay  waa  borrowed  from  the  Grade 
iradtmm.  For  fiirther  detaila  rejecting  alTer 
ffloaer,  see  NuMMua,  Dbn Aftiua,  Dkachma. 

Fraai  a  verf  eariy  period,  olTer  was  wed  also 
3  wodks  of  ait.  Its  cmpiloynient  for  ornamenting 
anai,  m  often  vefeiTed  to  by  Homer,  belongs  to 
tkis  head.  The  nse  of  it  for  men  purposes  of 
kiuy  and  ostentation,  as  in  plate,  seems  to  have 
» gcBoafly  prevalent  abont  ^e  dose  of  the 
raia  (Athen.  ri.  p.  22d,  t\  bat 
■Bcfe  moR  so  from  the  time  of  Alexander,  after 
vhick  it  beeomea  ao  common  as  hardly  to  need 
s&y  proof  or  iUustzation, — more  eommon  indeed 
tko  with  OS.  (CicL  m  Verr,  ir.  21.)  The  Ro- 
saas  £sti^gaished  between  plain  and  chaaed  silver 
TssKb  by  calling  the  former  jmro  or  laia  (Plin. 
^  in.  1 ;  Jvr.  ix.  141,  ziv.  (72 ;  Mart  iv.  38), 
lod  the  letter  gaefafci,  oqpera,  or  iortumaUk,  [Cab- 

LATTRA;  TonBI7T]CB.j 

The  chief  ancient  anthorities  respecting  silver, 
K  «dl  ss  gdd«  are  the  3d,  4th,  and  5th  books  of 
SseUm,  the  5th  of  Diodonis,  eepedally  cc  27  and 
M.  sad  the  33d  of  Pliny,  from  c.  6.  s.  31 ;  of  mo- 
don  walks  the  most  importaat  are  BSckh'k  PMio 
Eamm§  nf  Atkaa^  Bk.  L  cc  1—3,  with  the  sup- 
fkmestaiy  Dnaertalioft  o*  ikt  Silver  Mmea  of 
loribisand  Jacob'^  Hutary  of  1U  PreeUnu  M«- 
IstA  [P.&] 

A'ROIAS  GRAPHE'  i^^yiu  7P«^),  that  is, 
K  action  far  idleness.  Yagiants  and  idlen  were 
fi^  tolemted  at  Athens  from  very  early  times,  and 
cToy  penon  was  obliged  to  be  able  to  state  by 
vixt  means  he  wapported  himself.  (Herod,  ii 
]77;  Diod.  i.  77.)  According  to  some  (Plut 
SoL  37,  PoUoz,  viiL  42),  even  Dnco  had  enacted 
hvs  against  Sdleneas,  while,  according  to  others, 
S^n,  in  his  Iqpslation,  borrowed  these  kws  from 
the  Eg^ptiana,  and  others  again  state  that  PeUis- 
tzatas  was  the  fint  who  introdnced  them  at  Athens. 
(Plat.  SoL  31.)  In  accordance  with  this  htw, 
vfakh  is  called  ^pyia%  v^f,  all  poor  people  were 
o'!>l^ed  to  signify  that  they  were  carrying  on  some 
hnooaUe  bosmess  by  which  they  gained  their 
lirdihood  (l)em.e.JE:ifM.p.l308;  Isocrttt^reo- 
po^  17  ;  Dionys.  zx.  2) ;  and  if  a  person  by  his 
idkneas  injnred  his  fiunily,  an  action  might  be 
his^t  sgainst  him  beibre  the  archon  eponymns 
not  oaly  by  a  member  of  his  fiunily,  but  by  any 
ooe  vho  ^oae  to  do  so.  (Zenie.  Se^aer.^  p.  310.) 
At  the  time  when  the  Areiopegus  was  still  in  the 
foil  possession  of  its  powers,  the  archon  seems  to 
have  lakl  the  charge  before  tiie  court  of  the  Areio- 
psgsa.  If  the  action  was  bronght  against  a  person 
for  the  fiat  time,  a  fine  might  be  inflicted  on  him, 
sad  if  he  was  fimnd  gnilty  a  second  or  third  time, 
he  mi^  be  punished  with  krifda.  (Pollux,  viii. 
42.)  Draco  had  ordained  atimia  as  the  penalty 
eren  far  the  first  conviction  of  idleness.  (Plut, 
PoQ.  IL  ee.)  This  hiw  was  modified  by  Solon, 
vho  iafficted  atimia  only  when  a  person  was  con* 
rkttd  a  third  time,  and  it  is  doubtini  as  to  whe- 
tho*  in  kter  times  the  atimia  was  inflicted  at  all 
^  idkaess.  As  the  Areiopagns  was  entrosted 
vith  the  gencrd  soperintendence  of  the  moral  con> 
dsct  of  cttisena,  it  is  probable  that  it  might  inter- 
fere ia  cases  of  ifjia^  even  when  no  one  came  for> 
vard  ts  bring  an  sction  against  a  person  guilty  of 


ARIES. 


133 


it  (VaL  Max.  il  6  •  Plainer,  P^noeos.  il  p.  150, 
&c;  Meier  und  Schoemann,  AtL  Froe.  ppi  li/3, 
298,  &&  ;  Bfckh,  FwbL  Eeom.  p.  475,  2d  edit) 
According  to  Adian  (  V.  H.  iv.  IX  a  similar  law 
ejosted  s&>  at  Sardes.  [L.  &] 

ARGU'RIOU  DIKE'  (Vy»p<o«  Winr),  a  civil 
suit  of  the  dass  vp6s  riyo,  and  within  Uie  juris- 
diction of  the  thesmothetae,  to  compel  the  defend- 
ant to  pa^  monies  in  his  possession,  or  for  which 
he  vras  liable,  to  the  pbuntiff.  This  action  is 
cssodly  alluded  to  in  two  speeches  of  Demos- 
thenes (t«  BoeoL  p.  1 002,  m  Olympiodor.  y,  1 1 79), 
and  is  treated  of  at  large  in  the  speech  against 
Callippns.  [J.  S.  M.] 

ARO YRA'SPIDES  ik(rfvpd0wii€s\  a  division 
of  the  Macedonian  aimy  of  Alexander  the  Great, 
who  were  so  called  because  they  cszried  shields 
covered  with  silver  plates.  They  were  picked 
men,  and  were  commanded  by  Nicanor,  the  son  of 
Paimenion,  and  were  held  in  high  honour  by 
Alexander.  After  the  death  of  Alexander  they 
fi>Uowed  Eumenes,  bvt  afterwards  they  deserted  to 
Antigonus,  and  delivered  £umenes  up  to  him. 
Antigonus,  however,  soon  broke  up  the  corps,  find- 
ing it  too  turbulent  to  manage.  (Diod.  xviL  57, 
58,  59,  xviii.  63,  xix.  12,  41,  43,  48 ;  Justin,  xii. 
7;Curtius,iv.l3  §27  ;  Plutarch,  ^aaieN.  13,  &c.; 
Dreysen,^<iioft/o2ff.Ji!ftr.  passim.)  The  Greek  kings 
of  Syria  seem  to  have  had  a  corps  of  the  same  name 
in  their  anny :  Livy  mentions  them  as  the  royal 
cohort  in  the  army  of  Antiochus  the  Great,  (Liv. 
xxxviL  40 ;  Polyb.  v.  79.)  The  Emperor  Alex- 
ander Sevens,  among  other  thmgs  in  which  he 
imitated  Alexander  the  Great,  had  in  his  army 
bodies  of  men  who  were  called  ariffjfrocupule$  and 
chyBoatpides.  (Lamprid.  Aleat,  Sev,  50.)  [P.  S.] 

ARGYROCOPEION  {iipyvpoicm7dr\  the 
place  where  money  was  coined^  the  mint,  at  Athens. 
It  appears  to  have  been  in  or  adjoining  to  the 
chapel  (^p^opr)  of  a  hero  named  Stephaaephorus, 
in  which  were  kept  the  standard  weights  fi>r  the 
coins,  just  as  at  Rome  in  the  sanctuary  of  Juno 
Moneta.  [Monxta.]  (Pollux,  vii.  103;  Har- 
pocrat ;  Suid. ;  Bdckh,  Corp.  Inter,  vd.  I  p.  164, 
and  the  explanation  of  that  inscription  in  his 
PuUie  Eeonomjf  of  Athens^  p.  144,  2nd  ed.;  comp. 
Talxntum.)  [P.  S.J 

ARIADNEIA  (i^t6Zr€ia),  festivals  solemnised 
in  the  island  of  Naxos  in  honour  of  Ariadne,  who, 
according  to  one  tradition,  had  died  here  a  natural 
death,  and  was  honoured  with  sacrifices,  accom- 
panied by  rejoicing  and  merriment  (Plut  7%e«. 
20.)  Another  festival  of  the  same  name  was 
celebrated  in  honour  of  Ariadne  in  Cyprus,  which 
was  said  to  have  been  instituted  by  Theseus  in 
commemoration  of  her  death  in  the  month  of  Gor- 
piaeus.  The  Amatbusians  called  the  grove  ia 
which  the  grave  of  Ariadne  was  shown,  that  of 
Aphrodite- Ariadne.  This  is  the  account  given  by 
Plutarch  (Tket,  20)  fiom  Paeon,  an  Amatbusian 
writer.  (Comp.  C.  F.  Hermann,  Lehrk  det  GoUet" 
dionstl.  Aiterihumer^  §  65.  n.  12.)  [L.  S.J 

A'RIES  iicpUs),  the  battering-ram,  was  used  to 
shake,  perforate,  and  batter  down  the  walls  of  be- 
sieged dties.  It  consisted  of  a  huge  beam,  made 
of  the  trunk  of  a  tree,  especially  of  a  fir  or  an  ash. 
To  one  end  was  fiistened  a  mass  of  bronze  or  iron 
(icf^aX^,  i/iSoKfi^  TfHirofi'li\  which  resembled  in 
its  form  the  head  of  a  ram.  The  upper  figure  in 
the  annexed  woodcut  is  taken  from  die  bas-reliefs 
on  the  column  of  Trajan  at  Rome.  It  shows  the 
K  3 


184  ARISTOCRATIA. 

aries  in  its  simplest  state,  and  as  it  was  borne  and 
impelled  bj  human  hands,  without  other  assistance. 
In  an  improved  form,  the  ram  was  surrounded  with 
iron  bands,  to  which  rings  were  attached  for  the 
purpose  of  suspending  it  by  ropes  or  chains  from  a 
beam  fixed  transyersely  over  it  See  the  lower 
figure  in  the  woodcut  By  this  contrivance  the 
soldiers  were  relieved  firom  the  necessity  of  sup- 
porting the  weight  of  the  ram,  and  they  could  with 
case  give  it  a  rapid  and  forcible  motion  backwards 
and  forwards. 


(tT fi- 


321 


The  use  of  this  machine  was  further  aided  by 
placing  the  frame  in  which  it  was  suspended  upon 
wheels,  and  also  by  constructing  over  it  a  wooden 
roof,  so  as  to  form  a  ^  testudo  ^  (xcAc^kij  Kpto<p6pos, 
Appian,  Beli.  MWi.  73  ;  testudo  arietaria,  Vitruv.  x. 
19),  which  protected  the  besieging  porty  from  the 
defensive  assaults  of  the  besieged.  Josephus,  who 
gives  a  description  of  the  machine  (B,  J.  iil  7.  §  19), 
adds,  that  there  was  no  tower  so  strong,  no  wall 
so  thick,  as  to  resist  the  force  of  this  machine,  if 
its  blows  were  continued  long  enouffh.  The  beam 
of  the  aries  was  often  of  great  length,  e.  g.  80,  100, 
or  even  120  feet  The  desisn  of  this  was  both  to 
act  across  an  intervening  ditch,  and  to  enable  those 
who  worked  the  machine  to  remain  in  a  position  of 
comparative  security.  A  himdred  men,  or  even  a 
greater  number,  were  sometimes  employed  to  strike 
with  the  beam. 

The  aries  first  became  an  important  military 
engine  in  the  hands  of  the  Macedonians,  at  the 
time  of  Philip  and  Alexander  the  Great,  though 
it  was  known  at  a  much  earlier  period.  (Comp. 
Thuc.  ii.  76.)  Vitruvius  speaks  (L  e.)  of  tolydus^ 
a  Thessalian,  in  the  time  of  Philip,  who  greatly 
improved  the  machine,  and  his  improvements  were 
carried  out  still  fiirther  by  Diades  and  Chaereas, 
who  served  in  the  campaigns  of  Alexander  the 
Great.  The  Romans  learnt  firom  the  Greeks  the 
art  of  building  these  machines^  and  appear  to  hiive 
employed  them  for  the  first  time  to  any  considerable 
extent  in  the  siege  of  Syracuse  in  the  second  Punic 
war.     [HxLBPOLis.] 

ARISTOCRA'TIA  {hpi<rrokparta\  a  term 
in  common  use  among  Greek  writers  on  politics, 
though  rarely  employ^  by  historians^  or  otherwise 
than  in  connection  with  political  theories.  It  sig- 
nifies literally  ^  the  government  of  the  best  men^"^ 
and  as  used  by  Plato,  Aristotle,  t'olybiusj  &e^  it 
meant  (in  reference  to  a  state  where  political 
power  was  not  shared  by  the  bulk  of  the  commu- 
nity, but  was  in  the  hands  of  a  privileged  class^ 


ARISTOCRATIA. 

existmg  along  with  a  class  personally  free,  and 
possessed  of  civil  rights,  but  excluded  from  the 
exercise  of  the  highest  political  fhnctiona)  the  go- 
remment  of  a  clan  whose  supfemacy  was  founded 
not  on  wealth  merely,  but  on  personal  distinction 
(2hrov  fi^  ft6roy  irXavrlvdifP  a\X&  jcal  Apurrit^w 
alpowToi  riis  itfrx^s,  Aristot  PoL  iv.  5.  pu  1 27, 
ed.  Gdttl  *H  hptffroKpvria  fio6\rrai  riiy  &wmpoxh» 
ixoy4fjitiw  rots  apUrrois  rw  itoKtr&m^  Ibidu  p. 
128).  That  there  should  be  an  aristocracy,  more- 
over, it  was  essential  that  the  administzation  of 
afiairs  should  be  conducted  with  a  view  to  the 
promotion  of  the  general  interests,  not  for  the  ex- 
clusive or  predominant  advantage  of  the  pririleged 
class.  (Aristot  Pol.  iil  5,  p.  83,  ed.  GOttl.  ;  Plat 
PolU.  p.  301,  a.)  As  soon  as  the  government 
ceased  to  be  thus  conducted,  or  whenever  the  only- 
title  to  political  power  in  the  dominant  dass  wau  the 
possession  of  superior  wealth,  the  constitution  was 
termed  an  oligarchy  (hXiyapx^^  which,  in  the 
technical  use  of  the  term,  was  always  looked  upon 
as  a  corruption  (v-ap^irtfflurty,  Aristot  PoL  iiL  5. 
p.  84,  ed.  Gottl.)  of  an  aristocracy.  (OmipL  Plat. 
/.  0. ;  Arist  Pol,  iv.  8.  pn.  117, 11 8,  ed.  Glottl.  iv.  6, 
hpivroKparias'^tpos  ip€r^,  6\ty«ipx^ias  9k  wXitu- 
Tor.)  In  the  practical  application  of  the  tenn  aris- 
tocracy, however,  the  personal  excellence  which  was 
held  to  be  a  necessary  element  was  not  of  a  higher 
kind  than  what,  according  to  the  deeply-seated 
ideas  of  the  Greeks,  was  commonly  hereditary  in 
families  of  noble  birth  (Phit  Menex.  n.  237,  a^ 
Craiyl,  p.  394,  a. ;  Aristot  PoL  iv.  6,  i  yitp  eu- 
y4vttd  4oriv  iipx<uos  irXoirroj  koI  iiptr^,  v-  1* 
c^yeyeir  yitp  cTyeu  ZoKowrty  off  tiripx^t  rpory^g^wv 
&ptr^  Koi  xXovros),  and  in  early  times  would 
be  the  ordinary  accompaniments  of  noble  rank, 
namely,  wealth,  military  skill,  and  superior  edu- 
cation and  intelligence  (comp.  Aristot  PoL  iv.  6, 
tiiUdcurl  Ka\tiy  ....  ApurroKparias  9iii  rb  ftaAJV.or 
iu€o\ov$tty  irai3ciay  koI  Hydytiay  rois  9lnropca^4- 
pois).  It  is  to  bo  noted  that  the  word  iiptcrra- 
tcparia  is  never,  like  the  English  term  (trisiocracy^ 
the  name  of  a  dass,  but  only  of  a  particular  political 
constitution^ 

On  tracing  the  historical  development  of  aris- 
tocratical  government^  we  meet  with  a  condition 
of  things  which  may  almost  be  called  hy  that 
name  m  the  state  of  society  depicted  in  the 
Homeric  poems,  where  we  already  see  the  power 
of  the  kings  limited  by  that  of  a  body  of  princ<^ 
or  nobles^  such  as  would  naturally  arise  in  tlie  in- 
fancy of  society,  especially  among  tribes  in  which, 
from  the  frequency  of  wars,  martial  skill  iK'ouId 
be  a  sure  and  speedy  method  of  acquiring  supe- 
riority. When  the  kingly  £Eimilies  died  out,  or 
were  stripped  of  their  peculiar  privileges,  the  su- 
preme power  naturally  passed  into  the  hands  of 
these  princes  or  chieftains,  who  formed  a  body  of 
nobles,  whose  descendants  would  of  course  for  the 
most  part  inherit  those  natural,  and  be  also  alone  in 
a  position  to  secure  those  acquired  advantages,  espe- 
cially warlike  skill,  which  would  form  uieir  title 
to  political  superiority.  Some  aristocracies  thua 
arose  from  the  natural  progress  of  society :  others 
arose  from  conquest  The  changes  consequent  on 
the  rise  of  the  Hellenes,  and  the  Thessalian, 
Boeotian  and  Dorian  conquests  in  Greece,  esta- 
blished pretty  generally  a  state  of  things  in  ^ebich 
we  find  the  political  power  in  the  hands  of  a  l>ody 
of  nobles  consisting  chiefly  or  entirely  of  the  oon> 
querors)  bdbesth  whom  is  a  free  population   xiot 


ARMA. 

I  of  political  rigliti,  oonsiiliiig  of  tht  older 
ita  of  the  ki^  together  witb,  in  moot 
wwtMKffo,  a  body  of  oeifr  attached  to  the  *in««*tw 
of  the  aoUea:  Theae  last  an  detcribed  luder 
Tanoot  namea,  at  E^rorpttai  ia  Attica,  or  Foftdfoi 
Of  ia  SjTBcmM  and  lereral  of  the  Doric  itatca. 
From  the  anpenor  efficieiicy  of  the  caTalrj  in  early 
tioMiy  we  alao  find  the  noblea  as  a  dass  hearing 
the  aaaM  trmdrai^  'Incts ,  or  'Ino^^ai  (as  in 
Chalds^  Hcfod.  t.  77X  since,  generdlj  speaking, 
thej  alone  had  wealth  sofficient  to  enable  them  to 
eqn^  themselTes  for  that  kind  of  senrice  ;  and  in 
most  states  the  first  great  adrance  of  the  com- 
nnoahj  in  pow«r  arose  from  their  gaining  greater 
effideacj  as  heavy-armed  foot  soldiers  ;  that  force, 
vhen  ptoperly  organised  and  armed,  being  found 
Bxve  than  a  match  for  caralry.  (See  especially 
Aiift  PoL  It.  S,  10  ;  K.  F.  Hermann,  Grieck, 
^aatulmtk.  c  iii  §§55—59  ;  Wachsmnth,  Het- 
iem.  Abertkmmui.  ToL  L  c  3.  §§  30,  31  ;  Thiri- 
vall,  HUL  <^  Greece,  toL  L  c  10.  p.  394,  &c) 
CoBipaie  the  articles  Eupatridak,  Giomori, 
Patricil  [C.  p.  M.] 

ARMA,  ARMATU'RA  (IhrAa,  Horn.  Irrco, 
tc^m),  anna,  armour.  Homer  describes  in  Tariotis 
paaages  the  entire  snit  of  armour  of  some  of  his 
greatest  warriots,  riz.  of  Achilles,  Patroclos,  Aga- 
aMBXBon,  Mendans  and  Paris  {IL  ill  328—339, 
ir.  132— 13a,  xi  15—45,  rri.  130—142,  xix.  364 
— 391)  ;  and  we  obserre  that  it  consisted  of  the 
wae  portioDa  which  were  nsed  by  the  Greek  soldiers 
ever  afteK.  Moreover,  the  order  of  patting  them  on 
M  always  the  same.  The  heavy-armed  warrior, 
hsiiBg  already  a  tonic  around  his  body,  and  pre- 
pnmg  for  combat,  puts  on, — ^fint,  his  greaves  (icny- 
/u3«^  ocnaoe)  ;  secondly,  his  cuirass  {bAfc^  loriea\ 
to  which  belonged  the  idrpni  underneath,  and  the 
looe  (C<^n|,  (mcrii^^dMguhtm)  above  ;  thirdly,  his 
•word  ({^<M^  easui,  gladiue)  hung  on  the  left  side  of 
kis  body  by  means  of  a  belt  which  passed  over  the 
right  shoulder;  fourthly,  the  lai^  round  shield 
(^4<0f,  40w(r,  eUpeuMy  scateia),  supported  in  the 
same  manner ;  fifthly,  his  helmet  («c^pvr,  Kwhi,  cat- 
9U,  ffolea)  ;  sixthly  and  lastly,  he  took  his  spear 
ihx*^  S^'S  haetay,  or,  in  many  cases,  two  spears 
(Ss^  Mw)«  The  form  and  use  of  these  portions 
are  described  in  separate  articles  under  their  Latin 
BBmea.  The  annexed  woodcut  exhibits  them  all  in 
the  form  of  a  Greek  warrior  attired  for  battle,  as 
shown  in  Hope'k  Coatume  of  the  Anctentt  (I  70). 

Those  who  were  defended  in  the  manner  which 
has  now  been  represented,  are  called  by  Homer 
a«TtoTa(,  finom  their  great  shield  (kmrls)  ;  also 
VT^c^X^  because  they  fought  hand  to  hand 
whh  their  adversaries  ;  but  much  more  commonly 
TpSfiaxoi  becanse  they  occii]ned  the  front  of  the 
snny :  and  it  is  to  be  observed  that  these  terms, 
e^eoally  the  last,  were  honourable  titles,  the  ex- 
pense of  a  complete  suit  of  annour  (woyosrAii;, 
Herod.  L  60)  bemg  of  itself  sufficient  to  prove  the 
wealth  and  rank  of  the  wearer,  while  his  place  on 
tbe  field  was  no  less  indicative  of  strength  and 
beaveiy. 

In  later  times,  the  heavy-armed  soldiers  were 
eaOed  ^Xlroc,  becanse  the  term  IhrXa  more  espe- 
cxslly  denoted  the  defensive  armour,  the  shield  and 
thoiaz.  By  wearing  these  they  were  distinguished 
from  the  light-armed,  whom  Herodotus  (ix.  62, 
63),  for  the  reason  just  mentioned,  calls  vorXot, 
mA  who  are  also  denominated  ^(Ao(,  and  yvfufoi, 
jlttf^oL,  or  ytffunfrts.    Instead  of  being  defended 


ARMA 


135 


by  the  shield  and  thorax,  their  bodies   had  a 
much  slighter  covering,  sometimei  consisting  of 


skins,  and  iometimes  of  leather  or  eloth  ;  and  m- 
stead  of  the  sword  and  hmcev  they  commonly  fought 
with  darts,  stones,  bows  and  anows,  or  slings. 

Besides  the  heavy  and  light-armed  soldiers,  the 
^Arrcu  and  ^iXjU,  who  in  general  bore  towards 
one  another  the  intimate  relation  now  explained, 
another  description  of  men,  the  T9\raffraly  also 
formed  a  part  of  the  Greek  army,  though  we  do 
not  hear  of  them  in  early  times.  Instesd  of  the 
laige  round  shield,  they  carried  a  smaller  one  called 
the  w^Xny,  and  in  other  respects  their  armour  was 
much  liahter  than  that  of  the  hoplites.  The  weapon 
on  which  they  principally  depended  was  the  spear. 

The  Roman  soldiers  had  different  kinds  of  arms 
and  armour ;  but  an  accoimt  of  the  arms  of  the 
different  kinds  of  troops  cannot  be  separated  from  a 
description  of  the  troops  of  a  Konum  army,  and  the 
reader  is  therefore  referred  to  Exbrcitus.  We 
need  only  give  here  the  figure  of  a  Roman  soldier 
taken  firom  the  areh  of  Septimus  Severus  at  Rome. 
On  comparing  it  with  that  of  the  Qreek  hoplite  in 
the  other  cut,  we  pereeive  that  the  several  parts  of 
the  armour  corre^Kmd,  excepting  only  that  the 
Roman  soldier  wears  a  dagger  {ftAxcupa^  pvgio) 
on  his  right  side  instead  of  a  sword  on  his  left,  and 
instead  of  greaves  upon  his  legs,  hsm/emoralia  and 
aaligae.  All  the  essential  parts  of  the  Roman 
heavy  armour  (lovioay  sasu^  dtpema^  ffcUea,  haeta) 
are  mentioned  together  in  an  epigram  of  Martial 
(ix.  57)  ;  and  all  except  the  spear  in  a  well  known 
passage  {Epk.  vl  14—17)  of  St  Paul,  whose  enu- 
meration exactly  coincides  with  the  fi^^ures  on  the 
arch  of  Severus,  and  who  makes  mention  not  only 
of  greaves,  but  of  shoes  or  sandals  fi>r  the  feet 

The  soft  or  flexible  parts  of  the  heavy  armour 
were  made  of  doth  or  leather.  The  metal  princi- 
pally used  in  their  fonnation  was  that  compound  of 
copper  and  tin  which  we  call  bronse,  or  mum 
K  4 


136  ARMILLA. 

propeHy  bell-metaL    [Abs.]     Hence  the  names 

for  this  metal  (x«^6f^  ae>)  are  often  lued  to  mean 


armour,  and  the  light  reflected  from  the  arms  of  a 
warrior  is  called  aby^  x''^^^^  ^7  Homer,  and  lux 
atna  by  Virgil.  (Am.  iL  470. )  Instead  of  copper, 
iron  afterwards  came  to  be  very  extensirely  used 
in  the  manu&cture  of  arms,  although  articles  made 
of  it  are  much  more  rarely  discovered,  because  iron 
is  by  exposure  to  air  and  moistijre  exceedingly  liable 
to  corrosion  and  decay.  Gold  and  silver,  and  tin 
unmixed  with  copper,  were  also  used,  more  espe- 
cially to  enrich  and  adorn  the  armour.     [J.  Y.] 

ARMA'RIUM,  originally  a  phice  for  keeping 
arms,  afterwards  a  cupboard,  set  upright  in  the 
wall  of  a  room,  in  which  were  kept  not  only  arms, 
but  also  clothes,  books,  money,  ornaments,  small 
images  and  pictures,  and  other  articles  of  value. 
The  armarium  was  generally  placed  in  the  atrium 
of  the  house.  (Dig.  33.  tit.  10.  s.  3 ;  Cic.  Pro 
auent.  64 ;  Petron.  Sat,  29 ;  Plin.  H,  N,  xxix. 
5.  s.  32,  XXXV.  2.)  The  divisions  of  a  library 
were  called  armaria,  (Vitruv.  viL  Prae/,;  Vopisc 
Tac,  8.)  We  find  armarium  distegum  mentioned 
AS  a  kind  of  sepulchre  in  an  inscription  in  Gruter 
(p.  383.  No.  4).  For  other  passages  see  Forcel- 
lini,*.t>.  [P.  S.] 

ARMILLA  (if^ioy,  ^^4\iov,  or  if/cAAiey,  x^- 
j^y,  iifA^iZiai\  a  bracelet  or  armlet,  worn  both  by 
men  and  women.  It  was  a  favourite  ornament  of 
the  Modes  and  Persians  (Herod,  viii.  113,  ix.  80; 
Xen.  Anah,  i.  2.  §  27)  ;  and  in  Europe  was  also 
worn  by  the  Gauls  and  Sabines.  (ClelL  ix.  13  ; 
Liv.  L  II.)  Bracelets  do  not  appear  to  have  been 
worn  among  the  Greeks  by  the  male  sex,  but  Greek 
ladies  had  bracelets  of  various  materials,  shapes^ 
and  styles  of  ornament  The  bracelet  was  some* 
times  called  v^iynr^ip  (from  v^iyyw),  in  Latin 
Bpinther  or  tpitUer  (Plant  Menaedk  ill  3),  which 
derived  its  name  from  its  keeping  its  place  by  com- 
pressing the  arm  of  the  wearer.  Bracelets  seem  to 
have  ^n  frequently  made  without  having  their 
ends  joined ;  they  were  then  curved,  so  as  to  require, 


ARMILLA. 

when  put  on,  to  be  slightly  expanded  by  having 
their  ends  drawn  apart  from  one  another ;  and,  ac< 
cording  to  their  length,  they  went  once,  twice,  or 
thrice  round  the  arm,  or  even  a  greater  number  of 
times.  As  they  frequently  exhibited  the  form  of 
serpents,  they  were  in  such  cases  called  makn 
(^is)  by  ihe  Athenians  (Hesych.  «.  o.  5^is). 
Twisted  bracelets  of  the  kind  described  above  oftei 
occur  on  Greek  painted  vases.  See  the  annexed 
cut  fix>m  Sir  William  Hamilton's  great  work, 
vol.  ii.  pL  35. 


Bracelets  were  likewise  worn  at  Rome  by  kdiei 
of  rank,  but  it  was  considered  a  maik  of  effeminacy 
for  men  in  an  ordinary  way  to  use  such  female 
ornaments.  (Suet  CaL  52,  Ner,  30.)  They  were, 
however,  publicly  conferred  by  a  Roman  general 
upon  soldiers  for  deeds  of  extraordinary  merit 
(Liv.  X.  44  ;  Plin.  H,  N,  xxxiiL  2 ;  Festus,  *.  v.)  \ 
in  which  case  they  were  worn  as  a  mark  of  honour, 
and  probably  difrered  in  form  fitim  the  ordinary 
ornaments  of  the  kind.     See  the  cut  below. 

The  following  cuts  exhibit  Roman  bracelets. 
The  first  figure  represents  a  gold  bracelet  dis- 
covered at  Rome  on  the  Palatine  Mount  (Caylus, 
Rec  d^AtU,  voL  v.  pi  ^3.)  The  rosette  in  the 
middle  is  composed  of  distinct  and  very  delicate 
leaves.  The  two  starlike  flowers  on  each  side  of 
it  have  been  repeated  where  the  holes  for  securing 
them  are  still  Visible.   The  second  figure  represents 


AARA. 

■  fold  Inaedet  fixmd  in  Bntain,  and  pnaerred  in 
t^  Bntttk  Mueom.   It  appears  to  be  made  of  two 


ARTABA. 


1^7 


gd^  witei  twitted  togetlief;  and  the  mode  of  fiia- 
ttoisgit  oponthe  ann,  by  a  (la^  u  worthj  of  ob- 
■emtioe.  It  has  eTidentlj  been  a  ladj'k  ornament. 
Tbe  third  figure  repieKnU  an  anniUa,  which  moit 
kre  been  mtended  as  a  reward  for  soldiery  for  it 
wold  be  ndiculons  to  sonpose  snch  a  mauive  or- 
Bunmt  to  hare  been  deugned  for  women.  The 
on|:inaI,  of  pare  gold,  is  more  than  twiee  the 
lofth  of  the  figore,  and  was  found  in  Cheshire. 
(JnakuD&yia,  xxvii.  400.) 

ARMILU'STRIUM,  a  Roman  festind  for  the 
parification  of  arms.  It  was  celebrated  erery  year 
«o  the  14th  htSan  the  calends  of  Noyember  (Oct 
19),  when  the  dtizens  assembled  in  arms  and 
ofatd  acrifices  in  the  place  called  Armilnstnim, 
or  VicBs  Armilnstri,  in  tbe  1 3th  region  of  the  citj. 
(Festus,  *©.;  Yarns  ^^  ^Wi^-  ^^^^  >▼•  32,  r.  S; 
Ut.  mii.  37 ;  P.  Vict  IM  Regionibm  U,  R.; 
Insdip.  in  Grater,  p.  250.)  [P.  &] 

ARRA,A'RRABO,orARRHA,A'RHHAB0, 
Gaia»  (iiL  13d.)  says :  **  What  isgiten  as  anra,  ia 
1  proof  of  a  contract  of  buying  and  selling;^  but 
it  ilao  has  a  more  general  Bignilcation.    Tluit  thing 
»a»  called  anha  which  one  contracting  party  gave 
to  aaothcr,  whether  it  was  a  sum  of  money  or  any 
thing  else,  as  an  evidence  of  the  contract  of  sale 
beiag  made:  it  wras  no  enential  part  of  the  con- 
tact of  baying  and  selling,  but  only  evidence  of 
atreemeat  as  to  price.  (Gaius,  Dig.  1&  tit  1 .  a  35). 
Aa  anha  might  be  given  before  the  completion 
of  a  cootract,  when  the  agreement  was  that  some 
bnnal  instrument   in  writing  should  be  made, 
beibce  the  contract  should  be  considered  perfect 
If  be  who  gave  the  arrha  refosed  to  perfect  the 
contact,  he  forfeited  it :  if  he  who  had  received 
the  arrha,  refused  to  perfect  the  contract,  he  was 
obliged  to  return  double  the  amount  of  the  arrha.  If 
^  anha  was  given  as  evidence  of  a  contract  abao- 
htdv  nade,  it  was  evidence  of  the  unalterable 
obligation  of  the  contract,  which  neither  party 
*W  could  reaqnd;  unless  the  arrha  was  ez- 
PRwly  given  to  provide  for  the  case  of  either 
pmj  changing  his  mind,  on  the  condition  that  if 
^  giTcr  receded  from  his  bargain,  he  should  for- 
feit tbe  arrha,  and  if  the  receiver  receded  from 
bis  borg^  he  should  forfeit  double   its  value. 
Wben  the  contract  was  completely  performed,  in 
^  esses  where  the  airfaa  was  money,  it  was  re- 
ftcred,  or  taken  as  part  of  the  price,  unless  special 
cBMooM  determined  otherwise;  when  the  arrha 
vai  a  ring  or  any  other  thing,  not  money,  it  was 
rmered.    The  recovery  of  the  arrha  was  by  a 


Tbe  arrha  m  some  respects  resembles  the  deposit 


of  money  which  a  purchsser  of  land  m  Englind 
generally  pays,  according  to  the  conditions  of  sale, 
on  contracting  for  his  nurchase ;  and  the  earnest 
money  aometunes  paid  on  a  sale  of  moveable 
things. 

The  term  arrha,  in  its  general  sense  of  an  evi- 
dence of  agreement,  was  also  used  on  other  oc- 
casions, as  in  the  case  of  betrothment  {apcmmaiia), 
[Mateimonium.]  Sometimes  the  wend  arrha  is 
used  as  synonymous  with  pignns  (Terent  HeamUmL 
iii  3. 42),  but  this  is  not  the  legal  meaning  of 
the  term.  (Thibaut,  Syttem  de*  Pamdektm-IMtt^ 
§  144 ;  Inst  iii  tit  33 ;  Dig.  1&  tit  1.  s.  35 ;  tit  3. 
a  6;  14.  tit  3.  a  5.  §15;  19.  tit  1.  all.  §6; 
Cod.  4.  tit  21.  s.  17  ;  Gellius,  xviL  2 ;  compare 
Bracton,  ii.  c.  27,  Z>s  aeqmrendo  Rerum  Domi- 
fdo  m  cemsa  EwqftiomiM^  and  what  he  says  on  the 
arrha^  with  the  passage  in  Oaius  already  referred 
to.)  (G.  L.] 

ARRHEPHCRIA  (a^^V^fNa),  a  festival 
which,  according  to  the  various  ways  in  which  the 
name  is  written  (for  we  find  ip4ni^6pta  or  i^pii^pia) 
is  attributed  to  different  dcitiea  The  first  form  is 
derived  from  tf^/hrro,  and  thus  would  indicate  a 
festival  at  which  mysterious  things  were  carried 
about  The  other  name  would  point  to  Erse  or 
Herae,  a  daughter  of  Cectops,  and  whose  worship 
was  inthnatefy  connected  with  that  of  Athena. 
And  there  is^  indeed,  sufficient  ground  for  believ- 
ing that  the  festival  was  solemnised,  in  a  higher 
sense,  in  honour  of  Athena.  (EtymoL  Mag,  a  o. 
*K^^n^6pok)  It  was  held  at  Athens,  in  the  month 
of  Skirophorion.  Four  girls,  of  between  seven  and 
eleven  years  (&^^i}^poi,  iptni^poi^  i^^if^poi: 
Aristoph.  LytUL  642),  were  selected  every  year 
by  the  king  archon  from  the  most  distinguished 
fiunilies,  two  of  whom  superintended  the  weaving 
of  the  sacred  peplus  of  Athena,  which  was  bvgun 
on  the  last  day  of  Pvanepsion  (Suid.  a  v.  Xa\. 
Kcia)  ;  the  two  others  had  to  carry  the  mysterious 
and  sacred  vessels  of  the  goddess.  These  Utter 
remained  a  whole  year  on  the  Acropolis,  either  in 
the  Parthenon  or  some  adjoining  building  (Har- 
pocrat  a  v,  Auvyo^ipos :  Paua  i.  27.  §  4)  ;  and 
when  the  festival  commenced,  the  priestess  of  the 
goddess  placed  vessels  upon  their  heads,  the  con- 
tents of  which  were  neither  known  to  them  nor  to 
the  priestess.  With  these  they  descended  to  a 
natural  grotto  within  the  district  of  Aphrodite  in 
the  gardena  Here  they  deposited  the  sacred  ves- 
sels, and  carried  back  something  else,  which  was 
covered  and  likewise  unknown  to  them.  After 
this  the  girls  were  dismissed,  and  others  were 
chosen  to  supply  their  place  in  the  acropolia  The 
girls  wore  white  robes  adorned  with  gold,  which 
were  left  for  the  goddess  ;  and  a  peculiar  kind  of 
cakes  was  baked  for  theuL  To  cover  the  expenses  of 
the  festival,  a  peculiar  liturgy  was  established,  called 
i^prt^popia.  All  other  details  concerning  this  fes- 
tival are  unknown.  (Comp.  C.  F.  Hermann,  Lekrb, 
der  ffottetdimstL  AlUrth,  §  61.  n.  9.)         [L.  S.J 

ARROGA'TIO.     [Adoptio.] 

A'RTABA  {&prderi\  a  Persian  measure  of 
capacity,  principally  used  as  a  corn-measure,  which 
contained,  according  to  Herodotus  (L  192),  1  me- 
dininus  and  3  choenices  (Attic),  t.e.  51  choenices 
sb102  Roman  sextarii=  12^  gallons  neatly  ;  but, 
according  to  Suidas,  Hesychins,  Polyaenus  (JStraL 
iv.  3,  32),  and  Epiphanius  {Pomd,  24)  only  1 
Attic  medimnus  =^96  8extariiHil2  gallons  neatly: 
the  latter  is,  however,  only  an  approximate  value.. 


138 


ARVALES  FRATRES. 


There  was  on  Egyptian  mearare  of  the  same  name, 
of  which  there  wen  two  sorts,  the  old  and  the  new 
artaha.  (Didjmos,  c.  19.)  The  old  artaha  oon* 
tained  4|  Roman  modii  =  72  sextarii  ■*  9  gallons 
nearlj,  according  to  most  writers;  hut  Galen 
(c.  5)  makes  it  exactly  5  modii  It  was  ahoat 
equal  to  the  Attic  metretes ;  and  it  was  half  of 
the  Ptolemaic  medimnns,  which  was  to  the  Attic 
medimnns  as  3  :  2.  The  later  and  more  oonunon 
Egyptian  arhata  contained  3^  modii  »  53^  mx- 
tarii  OB  $^  gallons  aboat,which  is  so  nearly  the  half 
of  the  Persian,  that  we  may  fiuriy  sappose  that  in 
reality  it  was  the  hal£  It  was  equal  to  the 
Olympic  cnbic  foot  (Rhemn.  Fann.  CbrmM  d» 
P<md.  0t  Mm9.  v.  89,  90  ;  Hieion.  Ad  Execk,  6  ; 
Bfickh,  MOrolcff,  Untenueh,  pp.  242,  hc^  283 ; 
PvbLJSooH.  o/Aih.  p.  93^  2nd  ed.;  Wonn,  Ds 
Pomd.,  &&  p.  133.)  [P.  a] 

ARTEMrSIA  (VrcA^o-ca),  one  of  the  great  fes- 
tivals celebrated  in  honour  of  Artemis  iiA  various 
parts  of  Greece,  in  the  spring  of  the  year.  We  find  it 
mentioned  at  Syracuse  in  nonour  of  Artemis  Po- 
tamia  and  Soteria.  (Find.  Pytk,  il  12.)  It  lasted 
three  days,  which  were  principally  spent  in  feasting 
and  amusements.  (Liv.  xxr.  23  ;  Plut  MareelL 
18.)  Bread  was  offered  to  her  under  the  name  of 
Aoxiik  (Hesych.  s.  v.)  But  these  festivals  occur  in 
many  other  places  in  Greece,  as  at  Delphi,  wherei 
according  to  Hegesander  (Athen.Tii.  n.  326),  they 
offered  to  the  ^dess  a  mullet  on  tnis  occasion  ; 
because  it  i4>peaied  to  hunt  and  kill  the  sea*hare, 
and  thus  bore  some  resemblance  to  Artemis,  the 
goddess  of  hunting.  The  same  name  was  given  to 
the  festivals  of  Artemis  in  Cyrene  and  Ephesus, 
though  in  the  latter  pUice  the  goddess  was  not  the 
Grecian  Artemis,  but  a  deity  of  Eastern  origin. 
(Dionys.  iv.  26  ;  Achill.  Tat  vl  4,  vii  12,  viil 
17  ;  Xenoph.  Ephes.  I  2.)  [L.  S.] 

ARU'RA  (tffwvpa),  a  Greek  measure  of  surface, 
which  would  wpear,  from  its  name,  to  have  been 
originally  the  chief  land-measure.  It  was,  accord- 
ing to  Suidas,  the  fourth  part  of  the  irKdBpor. 
The  ir\d$pop,  as  a  measure  of  length,  contained 
100  Greek  feet;  its  square  therefore  si 0,000 
feet,  and  therefore  the  arura  ^=2600  Greek  square 
feet,  or  the  square  of  60  feet 

Herodotus  (u.  168)  mentions  a  measure  of  the 
same  name,  but  apparently  of  a  difierent  sixe.  He 
says  that  it  is  a  hundred  Egyptian  cubits  in  every 
direction.  Now  the  Egyptian  cubit  contained 
nearly  17|  inches  (Hussey,  Aneimt  Wmg^^  &c. 
p.  237) ;  therefore  the  square  of  100  x  17|  inches, 
iLe.  nearly  148  feet,  gives  approximately  the  num- 
ber of  square  feet  (English)  in  ^e  arura,  viz. 
21,904.     (Wurm, /)«  Poiw/.  &c  p.  94.)    [P.  S.] 

ARUSPEX.     [Haruspbx.] 

ARVA'LES  FRATRES.  The  fratres  arvales 
formed  a  college  or  company  of  twelve  in  number, 
and  were  so  called,  according  to  Vanro  {D0  LUtg. 
Lot,  V.  86,  Mttller),  firom  ofiering  public  sacri- 
fices for  the  fertility  of  the  fields.  That  they  were 
of  extreme  antiquity  is  proved  by  the  legend  which 
refers  their  institution  to  Romulus,  of  whom  it  is 
said,  that  when  his  nurse  Acca  Lanrentia  lost  one  of 
her  twelve  sons,  he  allowed  himself  to  be  adopted 
by  her  in  his  place,  and  called  himself  and  the 
remaining  eleven  "  Fratres  Arvales."  (Gell.  vi  7.) 
We  also  find  a  coUege  called  the  Sodalea  TUii^  and 
as  the  hitter  were  confessedly  of  Sabine  origin,  and 
instituted  for  the  purpose  of  keeping  up  the  Sabine 
religious  rites  (Tac.  Ann.   i.  63),   there  ii  some 


ARVALES  FRATRES. 

reason  for  the  supposition  of  Niebvltr  {Bom.  But. 
voL  L  p.  303),  thiat  these  coDegea  eocvespoBded  one 
to  the  other — the  Fratres  Arndes  being  connected 
with  the  Latin,  and  Uie  Sodales  Titii  with  the 
Sabine,  element  of  the  Roman  state,  jost  as  there 
were  two  colleges  of  the  Lmpeni,  naxnely,  the  Fahn 
and  the  QntJacfi/iY,  the  former  of  whom  seem  to 
have  belonged  to  tiie  Sabinei. 

The  office  of  the  finatres  arval«a  wm  for  U£e, 
and  was  not  taken  away  even  from  an  exile  or 
captive.  They  wore,asa  badge  of  office,  a  duplet 
of  ears  of  com  (tpiou  eoroma)  fisstencd  on  their 
heads  with  a  white  band.  (Plin.  If.  AT.  xviii.  2.) 
The  number  siven  by  inscriptions  Tariea,  but  it  is 
never  more  than  nine ;  though,  aocording  to  the 
legend  and  general  belief  it  amounted  to  twelTe^ 
One  of  their  annual  duties  was  to  oelelnate  a  three 
days*  festival  in  honour  of  Dea  Dia,  aoppooed  to  be 
Ceres,  sometimes  hel4on  the  xyl,  xit.,  and  xin, 
sometimes  on  the  vl,  iv.,  and  ni.  KaL  Jun.,  I  & 
on  the  17th,  19th,  and  20th,  or  the  27th,  29th, 
and  30th  of  May.  Of  this  the  master  of  the 
college,  appointed  annually,  gave  public  notice 
(imdiaiat)  from  the  temple  of  Conoord  en  the 
capitoL  On  the  first  and  last  of  these  days,  the 
college  met  at  the  honse  of  their  president,  to  make 
offerings  to  the  Dea  Dia  ;  on  the  second  they  as- 
sembled in  the  grove  of  the  same  goddess,  about 
five  miles  south  of  Rome,  and  there  <iffered  sacri> 
fioes  for  the  fertility  of  the  eartL  An  account  of 
the  diiiierent  ceremonies  of  this  festival  is  preserved 
in  an  inscription,  which  was  written  in  the  first 
year  of  the  Emperor  Elagabalus  (a.  d.  218),  who 
was  elected  a  member  of  the  coUege  under  the 
name  of  M.  Aurelius  Antoninus  Pius  Felix.  The 
same  inscription  contains  a  hymn,  which  appears 
to  have  been  sung  at  the  festival  firom  the  most 
ancient  times.  (Marini,  AtH  e  MonumemH  de/fU 
ArvaUy  tab.  xIL  ;  Orelli,  Oarp.  Inserip.  nr.  2270  ; 
Klausen,  De  Cbmms  Pralrtan  ArvaUttm.) 

Besides  this  festival  of  the  Dea  Dia,  the  fntre§ 
arvales  were  required  on  various  occasions,  under 
the  emperors,  to  make  voWs  and  offer  np  thanks' 
giving  an  enumeration  of  which  is  given  in  For- 
cellim.  (Lex,  s.  9.)  Strabo,  mdeed  (v.  3X  infonns 
us  that,  in  the  reign  of  Tiberius,  these  priests 
(Upofurfiftoy^s)  performed  sacrifices  called  the  Amr- 
barvalia  at  vanous  places  on  the  borders  of  the 
ager  Romanns,  or  original  teiritoiy  of  Rome  ;  and 
amongst  others,  at  Festi,  a  place  between  five  and 
six  n^es  from  the  city,  in  the  direction  of  Albs. 
There  ia  no  boldness  in  supposing  that  this  was  a 
custom  handed  down  from  time  immemorial,  and, 
moreover,  that  it  was  a  duty  of  this  priesthood  to 
invoke  a  blessing  on  the  whole  teiritoiy  of  Rome. 
It  is  proved  by  inscriptions  that  this  coUege  ex- 
isted till  the  reign  of  the  Emperor  Goidian,  or  a.  d. 
326,  and  it  is  probable  that  it  was  not  abolished 
till  A.  D.  400,  tc^ther  with  the  other  colleges  of 
the  Pagan  priesthoods. 

The  private  ambarvalia  were  certainly  of  a 
different  nature  fhmi  those  mentioned  by  Stnbo, 
and  were  so  caUed  from  the  victim  (ko&Ha  ambar- 
valii)  that  was  shtin  on  the  occasion  being  led  three 
times  round  the  cornfields,  before  the  sickle  was 
put  to  the  com.  This  victim  was  accompanied  by 
a  crowd  of  merry-makers  (ckorus  et  woen),  the 
reapers  and  fium-servants  dancmg  and  singing,  ss 
they  marehed  along,  the  praises  of  Ceres,  and 
praying  for  her  &vonr  and  wesence,  whUe  they 
off(^red  her  the  libations  of  muk,  honey,  and  winSi 


(Tiip.  Gmmg.  i  3S&.)  Thia  ceremonj  was  alio  ealled 

•  farfi  urfiu  (Viiy.  £aL  t.  83%  or  pnriikatioB  ;  and 

for  a  lnMiilifiil  deicripiion  of  the  holiday,  and  the 

^BajOB  and  towi  made  on  the  oecaabn,  the  reader 

it  lefemd  to  Tibnlliia  (u.  1).      It  ia,  perhaps, 

voffth  while  to  lemaik  that  Poljbhia  (it.  21.  §  9) 

uses  laagDBge  almost  applicable  to  the  Roman  am- 

bainalm  xa  fpeakingof  the  Mantineani,  who,  henys 

(specifying  the  oecanon),  made  a  ponfication,  and 

taxned.  rietime  nmnd  the  citj,  and  all  the  country. 

TImiv  ia,  however,  a  ttiU  greater  reaembkuioe  to 

the  iHea  we  have  been  docribing,  in  the  cere- 

zBcides  of  the  rogatioa  or  gaqg  wedt  of  the  Latin 

chTXTch.    These  ooniisted  of  pncesiionB  through 

the  fields,  aoeompanied  with  prayen  irogatUmea) 

for  a  Wewsing  on  the  fruits  of  the  earth,  and  were 

coatiBiied  during  three  days   in  Whitson-week. 

The  coscom  was  abolished  at  the  Relonnation  in 

cacse^aenee  of  its  abase,  and  the  peFambulation  of 

the   panah  boondanes  sabstitoted  in  its  pkce. 

(Hoohcr,  Eed.  iW.  t.  61.  2 ;  Wheatley,  Cbm. 

i>^.T.20.)  [R.W.] 

ARX  (Kspa),  signified  a  height  within  the  waUs 
af  a  dty,  birt  which  was  nerer  dosed  by  a  wall 
ai^ainst  the  city  in  earlier  times,  and  Tery  seldom 
ia  later  tbnes.  The  same  city  may  haye  had 
Kvoal  aneeg^  as  was  the  case  at  Riane ;  and  hence 
Yiigil  says  with  great  propriety  {Gwr^  iL  535) : — 

*  SepteBiq[ae  mm  sihimiiro  circumdedit  aroes.^ 


AS. 


139 


As  howercr,  there  was  generally  one  principal 
he%ht  in  the  city,  the  woraarsr  came  to  be  used  as 
eqairakaft  to  mavpoUt  [AcROPOLis].  (Niebuhr, 
Hia«  ^Romt^  toL  ilL  note  411.)  At  Rome,  one 
of  the  sammits  of  the  Cafntoline  hill  was  speoally 
esQed  Arm,  bat  which  of  them  was  so  called  has 
beea  a  sali^  of  great  dispate  among  Rraoon  topo- 
icraphersb  The  opinion  of  the  best  modem  writers 
a,  that  the  Chpstolwai  was  on  the  northern  summit, 
md  the  Afm  oo  the  soathenL  The  An  was  the 
Rgskr  place  at  Rome  for  taking  the  auspices,  and 
au  licBce  likewise  called  oa^mcMtem,  according 
to  Paalos  Diacannai,  thoogh  it  is  more  probable 
that  the  AagnEBcnhmi  was  a  place  in  the  Arx. 
(Lrr.  i.  18,  z.  7;  P^nL  Diac.  t.o.  At^uraaUum; 
Bcder,  itSMMoi.  AHerHL  toL  i  p.  386,  &&,  to!,  ii. 
prti  p.  313.) 

AS,  or  Liira^  a  poond,  the  unit  of  weight 
sang  the  Romans.  [Lma^} 

AS,  the  earliest  denominatioD  of  money,  and 
the  emstaat  mut  of  vakie,  in  the  Roman  and  old 
Itibm  iiiiiBflgw,  was  made  of  the  mixed  metsl 
oiled  AxsL  L&e  other  denominations  of  money, 
it  OS  doabt  erigiBally  signified  a  pound  weight  of 
eopper  BDetnaed :  tUs  is  expressly  stated  by  Ti- 
awm,  who  ascribes  the  first  coinage  of  oet  to 
Sernas  Tollius.  (Plin.  //.  N.  xzxiiL  8.  s.  13, 
XTiiL  3 ;  Vano,  J)e  lU  BmaL  ii  1  ;  Orid.  Fast 
T.281.)  Aecording  to  some  accounts,  it  was 
coioed  fiom  the  commencement  of  the  dty  (Plin. 
H.  y.  xxxir.  \\cr  from  the  time  of  Numa  (Epiph. 
Mm.  U  Pomd,;  Isidor.  Etym,  xri.  18)  ;  and  ac- 
ciidiiig  to  others,  the  first  coinage  was  attributed 
toJiBBssrSatoni.  (Macrob.  Sisteni.  i.  7.)  This 
BTthiesl  ftatement  in  &ct  signifies,  what  we  know 
alio  HI  histofical  eTidenoe,  that  the  old  states  of 
Ednria,  sad  of  Central  Italy,  possessed  a  bronse 
sr  copfMr  onnage  from  the  carHsst  times.  On 
tJK  other  hand,  those  of  Southern  Italy,  and 
(he  eont,  aa  frr  oa  Campania,  made  use  of  silTsr 
Boner.   The  Roman  monetary  system  was  pro- 


bably derived  from  Etmria.  (Niebuhr,  Hiii,  nf 
Rcme^  ToL  L  p.  457,  3d  ed. ;  Abeken,  MUtd- 
IloHen,  pp.  284,  326.) 

The  earliest  copper  coins  were  not  8track,bnt  cast 
in  a  mould.  [Forma.]  In  the  collection  of  corns  at 
the  British  Museum  there  are  four  ases  joined  to- 
gether, as  they  were  taken  from  the  mould  in  which 
many  were  cast  at  once.  In  most  ases  the  edge 
shows  where  they  were  serered  from  each  other. 

Under  the  R^nan  empire,  the  right  of  coining 
silTer  and  gold  belonged  only  to  the  emperors  ;  but 
the  copper  coinage  was  left  to  the  aerarium,  which 
was  under  the  jurisdicUon  of  the  senate.    [Comp. 

NUMMUS  ;  MONITA.] 

The  as  was  originally  of  the  weight  of  a  pound 
of  twelye  ounces,  whence  it  was  culed  aa  UbroMa 
in  contradistinction  to  the  rednoed  ases  which  have 
now  to  be  spoken  o^  and  which  give  rise  to  one 
of  the  most  perplexing  questions  in  the  whole 
range  of  archaeology. 

Pliny  {H.  N.  xxxiii  8.  s.  13)  infixrms  us  that 
in  the  time  of  the  first  Punic  war  (&  c.  264 — 24 1  >, 
in  order  to  meet  the  expenses  of  the  state,  the  full 
weight  of  a  pound  was  diminished,  and  ases  were 
struck  of  the  same  weight  as  the  sextans  (that  is, 
two  ounces,  or  one  sixth  of  the  ancient  weight)  ; 
and  that  thus  the  republic  paid  off  its  debts,  gaining 
five  parts  in  six :  that  afterwards,  in  the  second 
Punic  war,  in  the  dictatorship  of  Q.  Fabius  Maxi- 
mus  (about  &  a  217),  ases  of  one  ounce  were 
made,  and  the  denarius  was  decreed  to  be  equal 
to  sixteen  ases,  the  republic  thus  gaining  one  half ; 
but  that  in  military  pay  the  denarius  was  always 
given  fiir  ten  ases :  and  that  soon  after,  by  the 
Papirian  law  (about  B.C.  191),  ases  of  half  aa 
ounce  were  made.  Festus  also  (s.  o.  Seselaniani 
Ataea)  mentions  the  redaction  of  the  as  to  two 
ounces  at  the  time  of  the  first  Punic  war.  There 
seem  to  have  been  other  redactions  besides  those 
mentioned  by  Pliny,  for  there  exist  ases,  and  parts 
of  ases,  which  show  that  this  coin  was  made  of 
every  number  of  ounces  from  twdve  down  to  one, 
besides  intermediate  fractions  ;  and  there  are  cop- 
per coins  of  the  Terentian  family  which  show  that 
It  was  depressed  to  ^  and  even  ^  of  its  original 
weight  Though  some  of  these  standards  may  be 
rejected  as  accidental,  yet  on  the  whole  they  clorly 
prove,  as  Niebuhr  observes  (HuL  of  Rome^  vol.  i. 
p.  461),  that  there  must  have  been  several  re- 
ductions before  the  first  which  Pliny  mentions. 
Niebuhr  maintains  further,  that  these  various 
standards  prove  that  Pliny^  account  of  the  redac- 
tions of  tne  coin  is  entiidy  incorrect,  and  that 
these  redactions  took  pU^e  gradually  from  a  very 
eariy  period,  and  were  caused  by  a  rise  in  the 
value  of  copper  in  comparison  with  silver,  so  that 
the  denarius  was  in  the  first  Panic  war  really 
equal  in  value  to  only  twenty  ounces  of  copper, 
and  in  the  seoood  Punic  war  to  sixteen  ounces,  in- 
stead of  120,  which  was  its  nominal  value.  He 
admits,  however,  that  the  times  when  these  reduc- 
tions were  resolved  upon  were  chiefly  those  when 
the  state  was  desiroos  of  rdieving  the  debton  ; 
and  thinks  that  we  miffht  assign,  with  tolemble 
accuracy,  the  periods  when  these  reductions  took 
place.  On  the  other  hand,  Bockh  argues  thai 
there  is  no  proof  of  any  such  increase  in  the  value 
of  copper,  and  on  this  and  many  other  grounds  his 
condusion  is,  that  all  the  reductions  of  the  weight 
of  the  as,  from  a  pound  down  to  two  ounces,  took 
pkce  during  the  first  Punic  war,  and  that  they 


140 


AS. 


were  aceompanied  by  a  real  and  correapondiiig  diini- 
nuticm  in  the  valtie  of  the  aa.  (Meiroloffiteke  Un- 
ienudumffm,  §  28.)  It  is  impoaaible  to  giTe  here 
even  a  summarj  of  the  arguments  on  boUi  sides : 
the  remarks  of  Niebohr  and  Btfckh  most  them- 
selves be  studied.  It  is  by  no  means  improbable 
that  there  waa  some  mcrease  in  the  valae  of  copper 
during  the  period  before  the  first  Punio  war,  and 
also  that  the  fixing  of  the  sextantal  standard  arose 
partly  out  of  the  relation  of  Talue  between  copper 
and  the  sil?er  coinage  which  had  been  Tery  lately 
introduced.  On  the  other  hand,  it  is  impossible 
entirely  to  reject  Pliny^  statement  that  the  im- 
mediate object  of  the  reductions  he  mentions  was 
the  public  gain.  Mr.  Grote,  who  sides  with  BSckh, 
remarks,  Siat  ^such  a  proceeding  has  been  so 
neariy  uniTersal  with  goremments,  both  ancient 
and  modem,  that  the  contrary  may  be  looked  upon 
as  a  remarkable  exception.**  (CUutioal  Mtueunty 
Tol.  i.  p.  32.) 

These  Tariations  make  it.  impossible  to  fix  any 
Talue  for  the  as,  except  with  reference  to  some 
more  specific  standard ;  and  this  we  find  in  the 
denarius.  Taking  the  value  of  this  coin  at  about 
fi^  pence  [Dbnarius],  the  as,  at  the  time  of  the 
first  coinage  of  the  denarius  (b.  a  269),  was  one- 
tenth  of  this  ndue,  that  is,  about  *85  of  a  penny  or 
3'4  fiuihings  ;  and  in  the  time  of  the  second  Punic 
war,  when  16  ases  went  to  the  denarius^  the  as  was 
worth  about  2 }  fiuthings.  When  the  silver  coinage 
got  thoroughly  established,  the  reckoning  was  no 
longer  by  ases,  but  by  sestertii.  [Sbstbrtius.] 
Also,  during  the  period  or  pcsriods  of  reduction, 
the  term  ass  ^kmm,  which  originally  signified  the 
old  heavy  coins,  as  opposed  to  the  reduced  ases, 
came  to  mean  any  quantity  of  copper  coins,  of 
whatever  weight  or  coinage,  reckoned  not  by  tale, 
but  by  the  old  standard  of  a  pound  weight  to  the 
as  ;  and  this  standard  was  actually  maintained  in 
certain  payments,  such  as  mUitary  pay,  fines,  &c 
(Liv.  iv.  41, 60,  v.  2,  xxxii.  26  ;  Plin.  L  e* ;  Sen. 
ad  Helv.  12  ;  Niebuhr,  Hisi.  of  Borne,  vol.  I  pp. 
466,  467).  This  mode  of  reckoning  also  supplied 
a  common  measure  for  the  money  of  Rome,  and 
the  other  states  of  Italy,  which  had  ases  of  very 
various  weights,  most  of  them  heavier  than  the 
Roman.  The  name  of  aes  grave  was  also  applied 
to  the  uncoined  metal.  (Servius,  ad  Virg.  Aen, 
▼i.  862 ;  Mana,  aes  rmU,  metaUum  in/edum, 
Isidor.  xvi.  18.  13.) 

The  oldest  form  of  the  as  is  that  which  bears 
the  figure  of  an  animal  (a  bull,  ram,  boar,  or  sow)  ; 
whence  the  ancient  writers  derived  the  word  for 
money,  peamia^  firom  peeue,  an  etymology  on  which 
no  opinion  need  be  pronounced ;  but  whether  this 
impress  was  intended  to  represent  property  by  that 
fi>rm  of  it  which  was  then  most  common,  or  had 
some  mythological  meaning,  is  doul)tful.  Niebuhr 
denies  the  antiqui^  of  this  type,  but  his  sole  ob- 
jection is  satisfiictorily  answerad  by  Bdckh.  The 
type  seems  however  to  have  been  much  less  used 
in  the  Roman  than  in  some  other  old  Italian  coin- 
ages ;  and  most  of  the  pieces  which  bear  it  are  of 
a  rude  oblong  shape.  The  next  fi>nn,  and  the 
common  one  in  the  oldest  Roman  ases,  is  round, 
and  is  that  described  by  Pliny  {H.  N,  xxxiii.  3. 
s.  13),  as  having  the  two-£soed  head  of  Janus  on 
one  side,  and  the  prow  of  a  ship  on  the  other 
(whence  the  expression  used  by  Roman  boyi  in 
tossing  up,  ec^pita  amt  nortm,  Macrob.  Sat,  i.  7). 
The  annexed  specimen,  firom  the  British  Museum, 


A& 

weighs  4000  grains :  the  length  of  the  diameter  tn 
this  and  the  two  fi>Uowing  cuts  is  half  tbat  of  the 
original  coins. 


,^.^^^=^. 


The  as  was  divided  into  parts,  which  were 
named  according  to  the  number  of  ounces  they 
contained.  They  were  the  detttue,  dexkms^  dodrasis, 
6m,  teptuiufj  ssniM,  quinaaue,  trimt^  quadrans  or 
tenmciut^  sextant,  eeeamx  or  tesamda,  and  mfdoj 
consisting  respectively  of  II,  10,  9,  8,  7,  6,  5,  4, 
3,  2,  H,  and  1  ounces.  Of  these  divisions  the 
fi)llowing  wero  represented  by  coins  ;  namely,  the 
temie,  quincunx,  trient,  quadrane,  aexUmt,  and  uneicu 
There  is  a  solitary  instance  of  the  existence  of  the 
dodfans,  in  a  com  of  the  Cassian  fiimily,  bearing 
an  S  and  three  balls.  We  have  no  precise  inform* 
ation  as  to  the  time  when  these  divisions  were 
first  introduced,  but  it  was  probably  nearly  as 
eariy  as  the  first  coinage  of  copper  money. 

The  semis,  semissis,  or  semi-as,  half  the  aa.  or  six 
ounces,  is  always  marked  with  an  S  to  represent 
its  value,  and  very  commonly  with  heads  of  Jupi- 
ter, Juno,  and  Pallas,  accompanied  by  strigils. 
The  9i(<fioiM«i,  or  piece  of  five  ounces,  is  very  rare. 
There  is  no  specimen  of  it  in  the  British  Museum. 
It  is  distinguished  by  five  small  balls  to  represent 
its  value.  The  triens^  the  third  part  of  the  as,  or 
piece  of  four  ounces,  is  mariced  with  four  balU. 
In  the  annexed  specimen,  firom  the  British  Mu- 
seum,  the  balls  appear  on  both  sides,  with  a 


thunderbolt  on  one  side,  and  a  dolphin  with  a  strigil 
above  it  on  the  other.     Its  weight  is  1571  grains. 


AS. 

The  qaadrmt  or  ienmeaut^  the  fourth  part  of 
iktUtV  piece  of  three  onncee,  bu  three  balls  to 
deaole  its  Tahie.  An  «ypen  hand,  a  BtrigO,  a  dol- 
pJiixi,  giains  of  oocn,  a  star,  heads  of  Heieoles, 
CeieS)  &C,  are  comnion  deviees  on  this  coin.  Pliny 
{H.  N.  zzxiii  3.  s.  13)  says  that  both  the  triens 
isd  qnsdzans  ban  the  imi^  of  a  shipi  The 
aoiaas,  the  sixth  part  of  the  as,  or  piece  of  two 
eeacei,  bean  two  balls.  In  the  annexed  specimen, 
from  the  Britisfa  Mosenm,  there  is  a  cadncens  and 
itr^  on  one  side,  and  a  eockle-shell  on  the  other. 
It!  weigfat  is  779  gmiiis. 


ASCOLIASMUS. 


141 


Tbe  aada,  one  ounce  piece,  or  twelfth  of  the  aa, 
ii  Birked  by  a  siii^e  bailL  There  appear  on  this 
em  beads  of  Pallas,  of  Roma,  and  of  Diana,  ships, 
frogs,  sad  ears  of  barley.     (For  other  doTices,  see 

After  the  reduction  in  the  weight  of  the  as, 
team  were  strack  of  the  Talue  of  2,  3,  4,  and  even 
10  aies,  which  were  called  respectirely  dussis  or 
iapemdiMA,  (rcnsai,  quadrusBis^  and  deeums.  Other 
iBik^fes  of  the  as  were  denoted  by  words  of  similar 
farmstioa,  up  to  eemtausU^  100  ases  ;  but  most  of 
then  do  not  exist  aa  coins. 

It  is  a  Teiy  remarkable  &ct  that,  while  the 
duodedmal  drnsion  of  the  as  prevailed  among  the 
Bstkai  of  Italy  south  of  the  Apennines,  the  deci- 
mldrriaiaa  was  in  use  to  the  north  of  that  chain ; 
Mtbst,  of  the  former  nations  no  quincunx  has  been 
^JaooToed,  of  the  latter  no  semis.  In  Sicily  the 
tvs  lyitems  were  mixed.  [Ponoxra.]  For  further 
ietajk  respecting  the  coinage  of  the  other  Italian 
itea,see BdfdLh,  MttroL  UntertmeL  §  27  ;  Abeken, 
MiUd'JtaUat,  and  Lepsius,  Ueber  die  VeHtretimg 
da  ItaHtckm  Mtrnx^fatems  von  Etrmnem  au$. 

In  certain  forms  <rf  expression,  in  which  aet  is 
■Md  for  money  witbont  specifying  the  denomina- 
tJoB,  we  most  understand  the  as.  Thus  (ieatoem, 
taik  atritfdeoieg  aen$^  mean  respectiTely  10, 1000, 
1,000,000  osM. 

Tbe  word  as  was  used  alio  for  any  whole  which 
vtt  to  be  divided  into  twelve  equal  uarts ;  and 
tboae  ports  were  called  imdas.  Thus  the  nomen- 
cistsre  of  the  dnodeetmal  division  of  the  as  was  ap- 
Hd  not  flaly  to  weight  and  money,  but  to  measures 
of  kngtk,  snrfoce,  and  c^iacity,  to  inheritances, 
iatereEt,  homes,  funis,  and  many  other  things. 
HeKe,fiar  example,  the  phrases  Aaere$  e»  a$9e^  Ute  I 
beir  to  a  whole  estate;  kaeret  eit  dodramitjihe  heir 
to  tbree-fbnrths,  Ac  {Cic  Pro  Caecm^  6  ;  Com. 
K^  AUit.  5.)  Pliny  even  uses  the  phrases  somts- 
m  J/rioas  (/f.  JV.  xviiL  6L  s.  7),  and  dodnmtes  el 
tmrneiaehonrmm  {ff.N.  a  14.  a.  11). 

Tbesiwasalso  called,  in  ancient  times,  cuearimt 
[t  sssiswt),  and  in  Greek  rh  iuradpun^.  Accord- 
ing to  Polybius  (ii  15)  the  assarius  was  equal  to 
biJf  tbe  obdas.  On  the  coins  of  Chios  we  find 
ifWfMr,  io'vapUnr  %fiunf^  iuro'dpia  8iiw,  iuro'dpia 
Tpio.  (In  addition  to  the  works  referred  to  in  this 
tttide,  and  those  of  Hussey  and  Wurm,  mucb 
'v^hahle  iafionnation  will  be  found  in  the  work 
tatitld,  Aes  Gntve  del  Mueeo  Kirdierkato^  dee. 


Roma,  1839, 4to.  ;  and  m  Lepsiusli  review  of  it 
appended  to  his  Ireatiie  Ueber  die  T^rrhener-Pelae- 
pw.)  [P.S.] 

ASCAULES.    [Tibia.] 

ASCI  A  (vmiwapvow,  Hom.  Od.  v.  235),  an  adzet 
Muxatori  (/m.  Vet.  Thee,  L  534 — 536)  has  pub< 
lished  numerous  representations  of  the  adze,  as  it 
is  exhibited  on  ancient  monuments.  We  select  the 
three  following,  two  of  which  show  the  instrument 
itself;  with  a  slight  variety  of  form,  while  tbe  third 
represenU  a  ship-builder  holding  it  in  his  right 
hand,  and  using  it  to  shape  the  rib  of  a  vessel. 


We  also  give  another  instrument  in  the  above  cut 
taken  from  a  coin  of  the  Valerian  family,  and 
ailed  adeeulMa,  It  was  chiefly  used  by  masons, 
whence,  in  the  ancient  glossaries,  Adeeulariue  is 
translated  A«r^/io9,  a  etome^nUer. 

As  to  the  reason  why  Ascia  is  represented  on 
sepulchral  monuments,  see  Forcellmi,  Lexicon^ 
•.«.  [J.Y.] 

ASCLEPIEIA  (fluricX^fcta),  the  name  of  festi- 
vals which  were  probably  celebrated  in  all  phices 
where  temples  of  Asdepius  (Aesculapius)  existed. 
The  most  celebrated,  however,  was  that  of  Epi- 
daurus,  which  took  place  every  five  years,  and 
was  solenmixed  with  contests  of  rhapsodists  and 
musicians,  and  with  solemn  processions  and  games* 
(SchoL  ad  Find.  Nem,  iil  145  ;  Paus.  a  26.  §.  7.) 
*A(ricX^cM  are  also  mentioned  at  Lampsacus 
(Bdckh,  Corp.  luecr.  vol.  ii.  pw  1131),  and  at 
Athens  (Aeschin,  e.  Ctesipk.  p,  455),  which  were, 
probably,  like  those  of  Epidaurus,  solemnised  with 
musical  contests.  They  took  place  on  the  eighth 
day  of  the  month  of  E^apheboUon.  [L.  S.] 

ASCOLIASMUS  (A(rK9»\twrfUs^  the  leaping 
upon  the  leathern  bag,  iurK6s)  was  one  of  the 
many  kinds  of  amusements  in  which  the  Athenians 
indulged  during  the  Anthesteria  and  other  festivals 
in  honour  of  IMonysus.    The  Athenians  sacrificed 


142 


ASEBEIAS  GRAPHS. 


a  hc-goat  to  the  god,  made  a  ba^  oat  of  the  tkin, 
tmeared  it  with  oiJ,  and  then  tned  to  dance  upon 
it  The  Tarioua  accidents  accompanying  this  at- 
tempt aflfbrded  great  amuiement  to  the  spectaUffs. 
He  who  aocceeded  was  rictor,  and  received  the 
skin  as  a  reward.  (SchoL  ad  Ari$toph,  PltU.  1 130 ; 
Plat  Symp,  p.  190 ;  Virg.  Geofy.  il  384  ;  PoUnx, 
ix.  121  ;  Hesjch.  t.  «.  AaimXjdCmrrts  ;  Kranse, 
G^nmculik  wid  Affomttik  d.  Hellmem^  pi  399,  who 
gives  a  representation  of  it  firam  an  ancient  gem, 
which  is  copied  in  the  aboTe  cut) 

ASEBEIAS  GRAPHE  (iurtUias ypcuf^^  was 
one  of  the  many  forms  prescribed  by  the  Attie 
laws  for  the  impeachment  of  impiety.  From  the 
varioas  tenor  of  the  accusations  still  extant,  it  may 
be  gathered  that  this  crime  was  as  ill-d^ned  at 
Athens,  and  therefore  as  liable  to  be  made  the 
pretext  for  persecution,  as  it  has  been  in  all  other 
countries  in  which  the  civil  power  has  attempted 
to  reach  offences  so  much  beyond  the  natural  limits 
of  its  jurisdiction.  The  occasions,  however,  upon 
which  the  Athenian  accuser  professed  to  come  xbr- 
ward  may  be  classed  as,  first,  breaches  of  the  cere- 
monial law  of  public  worship ;  and,  secondly, 
indications  of  that,  which  in  analogous  cases  of 
modem  times  would  be  called  heterodoxy,  or 
heresy.  The  former  comprehended  encroachment 
upon  consecrated  grounds,  the  plunder,  or  other 
injury  of  temples,  the  violation  of  asylums,  the  in- 
temiption  of  sacrifices  and  festivals,  the  mutihtion 
of  statues  of  the  gods,  the  introductioi^  of  deities 
not  acknowledged  by  the  state,  and  various  other 
tninsgrossionspecnliariy  defined  by  the  laws  of  the 
Attic  sacra,  such  as  a  private  celebration  of  the 
Eleusinian  mjrsteries  and  their  divulgation  to  the 
uninitiated,  injury  to  the  sacred  olive  trees,  or 
phicing  a  suppliant  bough  (Uenipla)  on  a  particular 
altar  at  an  improper  time.  (Andoc:^Afy^p.llO.) 
The  hereticid  delinqneneies  may  be  exemplified 
by  the  expulrion  of  Protagoras  (Biog.  LaHrt.  ix. 
61,  52)  for  writing  **  tluit  he  could  not  learn 
whether  the  gods  existed  or  not,^  in  the  persecu- 
tion of  Anazagoras  (Diog.  Lam.  it  12),  hke  that 
of  Galileo  in  after  times,  for  impugning  ue  received 
opinions  about  the  sun,  and  the  condemnation  of 
Socrates  for  not  holding  the  objects  of  the  public 
worship  to  be  gods.  (Xcn.Apol.  Soe,)  The  va- 
riety of  these  examples  will  have  shown  that  it 
is  impossible  to  enumerate  all  the  cases  to  which 
this  sweeping  accusation  might  be  extended ;  and, 
as  it  is  not  upon  record  that  religious  Athens 
(Xen.  Rtp.  Ath.  iil  8)  was  scandalised  at  the  pro- 
fane jests  of  Aristophanes,  or  that  it  forced  Epicu- 
rus to  deny  that  the  gods  were  indifferent  to  hu- 
man actions,  it  is  difficult  to  ascertain  the  limit  at 
which  jests  and  scepticism  ended,  and  penal  im- 
piety began. 

With  respect  to  the  trial,  any  citisen  that  pleased 
6  fiouXAfiMvos  —  which,  however,  in  this  as  in  all 
other  public  actions,  must  be  understood  of  those 
only  who  did  not  labour  under  an  incapacitating 
disfranchisement  (&r<fi(a)  —  seems  to  have  been  a 
competent  accuser ;  but  as  the  nine  archons,  and 
the  areiopagites,  were  the  proper  guardians  of  the 
sacred  olives  (ftop^oi,  criKoi^  Lysias,  lltfA  rov 
2i}«toO,  p.  282),  it  is  not  impossible  that  they  had 
also  a  power  of  official  prosecution  upon  casually 
discovering  any  injury  done  to  their  charge. 

The  cases  of  Socrates,  Aspasia,  and  Protagoras, 
may  be  adduced  to  show  toat  citiaens,  resident 
aliens  and  strangers,  were  equally  liable  to  this 


ASILLA. 
accusation.  And  if  a  minor,  as  repi'sjcnted  in  tin 
declamation  of  Antiphon,  could  be  proaecuted  foi 
murder  (^^u),  a  crime  considered  by  the  earii 
Greeks  more  in  reference  to  its  cereraonisJ  pol- 
lution than  in  respect  of  the  injury  inflicted  npoi 
society,  it  can  hardly  be  eonclnded  that  per- 
sons under  age  were  incapable  of  oomjiiittiiig,  oi 
sufiierimL  for  this   offence.    (Antiph.     T^alraL   ii 

^674.)  ^ 

The  magistrate,  who  conducted  the  prerions  ex- 
amination (Mx^ffis)  was,  acoordlnip  to  Meier 
(AtL  Proe,  pp.  300,  304,  n.  34)  invariably  the  king 
arehon,  but  whether  the  court  into  which  he  brought 
the  causes  were  the  areiopegus,  or  the  oommoa 
heliastic  court,  of  both  of  which  there  are  several 
instances,  is  supposed  (Meier,  AU.  Proe.  p.  305 ) 
to  have  been  determined  by  the  form  of  action 
adopted  by  the  prosecutor,  or  the  degree  of  com- 
petency to  which  the  areiopagus  rose  or  fell  at  the 
different  periods  of  Athenian  history.  From  the 
Apology  ofSoer<a»  we  learn  that  the  forma  of  the 
trial  upon  this  occasion  were  thoae  usual  in  all 
public  actions,  and  that,  pmsni^^,  the  amoont  of 
the  penalty  formed  a  separate  question  ior  the  di- 
casts  after  the  conviction  of  the  defendant.  For 
some  kinds  of  impiety,  however,  the  poniahment 
was  fixed»hy  special  kws,  as  in  the  case  of  persons 
injuring  the  sacred  olive  trees,  and  in  that  men- 
tioned by  Andocidet  (Jh  MytL  p.  110). 

If  the  accuser  foiled  to  obtain  a  fifth  of  the  Totea 
of  the  dicasts,  he  forfeited  a  thousand  drachmae, 
and  incurred  a  modified  hriyXoL,  The  other  forms 
ol  prosecution  for  this  oflfaioe  were  the  iangywyh 
(Dem.c^fN/fX)<.p,(v01.26),  ^^^h^iTO-is (Meier,  AU. 
Pne,  p.  246),  ffr3c<|is  (Andoc.  De  MyaL  p.  8), 
vpoSoMi  (Libanius,  Aryiim.  ad  Dem.  m  Mid.  &09, 
1 0),  and  in  extraordinary  cases  cIs-oyycAla  (Andoc 
De  Myd,  p.  43) ;  besides  these,  DemosUienes  men- 
tions (e.  AndvoL  p.  601)  two  oUier  conrMS  that  an 
accuser  might  adopt,  hutd(<Hr9ai  wp^s  E&fieAvfftas, 
and  ^pdftuf  rp6s  rhi  fiaa-ik^eij  of  which  it  is  diffi- 
cult to  give  a  satisfoetoiy  explanation.     [J.  S.  M.] 

ASI ARCHAE  (duri^ai),  were,  in  the  Roman 
province  of  Asia,  the  chief  preaidents  of  the  re- 
ligions rites,  whose  office  it  was  to  exhibit  games 
and  theatrical  amusements  every  year,  in  honour  of 
the  gods  and  the  Roman  emperor,  at  their  own 
expense,  like  the  Roman  aed&les.  As  the  exhi- 
bition of  these  games  were  attended  with  great 
expense,  wealthy  persons  were  always  chosen  to 
fill  this  office;  for  which  reason,  Strabo  says, 
some  of  the  inhabitants  of  Tralles,  which  was  one 
of  the  most  wealthy  cities  in  Aida,  were  always 
chosen  asiarehs.  They  were  ten  in  number,  se- 
lected annually  by  the  difierent  towns  of  Asia, 
and  approved  of  by  the  Roman  proconsul ;  of 
these,  one  was  the  ehief  asiareh,  and  ftequently, 
but  not  always,  resided  at  Ephesas.  Their  office 
lasted  only  for  a  year ;  but  they  appear  to  have 
enjoyed  the  title  as  a  mark  of  courtesy  for  the  rest 
of  their  lives.  In  the  other  Roman  provinces  in 
Asia,  we  find  similar  magistrates  conrespondhfig  to 
the  Asiaichae  in  prooonsidar  Asia,  as  for  instance 
the  Bithyniarehae,  Oalataichae,  Lyciazcfaae«  Ac, 
(Stzab.  xiv.  p.  649 ;  Acts,  xix.  31.,  with  the 
notes  of  Wetstein  and  Kuinoel ;  Eusebw  If.  E.  ir. 
16  ;  Winer,  BU^i$eiet  Reakoorierhmek^  aitAsiar- 
aim.) 

ASILLA  (Ib'iAAa),  a  wooden  pole,  or  yoke, 
held  by  a  man  either  cm  his  two  shouMers,  or 
more  commonly  on  one  shoulda  only,  and  used  fo« 


oiM 


ASSESSOR. 

(Arifltot.  RkH,  I  7.)  It  ii 
hj  Anskmhanet  {Bam,  8).  It  do- 
htn  chien  J  bom  its  firequcDt  oe- 
m  wfk*  of  Gieciaip  art,  of  which  aome 
we  givcB  in  the  annezed  cat 


ASTRAGALUS. 


143 


ASSA'RIUS  NUMMUS.  [As.] 
ASSERTOR^  or  ADSERTOR,  eontaini  the 
BOM  root  as  the  verb  adterm,  which,  when  coapled 
▼itk  the  wwd  «MMi,  signifies  to  hiy  hold  of  a  thing, 
to  diav  it  towards  one.  Hence  the  phrase  odssreiv 
«  UhtrbUtm^  or  UberaU  adaenrt  moaaf,  applies  to 
Ibb  who  lajs  his  hand  on  a  person  repat«d  to  be 
tfkre,  and  onerfs,  or  maintains  his  freedom.  The 
poMB  who  thus  maintained  the  freedom  of  a  re- 
puted ikve  was  called  admrior  (Gains,  iv.  14),  and 
by  tbc  hws  of  the  Twelre  Tables  it  was  enacted 
is  fxvnar  of  libertj,  that  snch  adsertor  shonld  not 
be  failed  on  to  give  security  in  the  sacnunenti  actio 
to  Bore  than  the  amount  of  l.  assea.  The  person 
vhose  freedom  was  thos  claimed,  was  said  to  be 
9imim,  The  expressions  UberaUt  eoasa,  and 
tt«v&  sw—g,  which  occur  in  classical  authors, 
m  tmmtrtian  with  the  rerb  adaertrt,  will  easily 
be  TBdoBtood  from  what  has  been  said.  (Terent 
AJdpL  ii.  1.  40  ;  Phut  Pom.  iv.  2.  83 ;  see 
^  Dig.  40.  tit.  12.  J>e  UberaU  Catua,)  Some- 
tact  the  word  odmnn  alone  was  used  as  equiva- 
lent to  uimrtrt  m  UbertaUm.  (Cic.  I^tq  Flaeeo. 
cl7.) 

The  expression  auerert  m  tervitutem^  to  claim  a 
penoo  as  a  s^Te,  occurs  b  LiTj  (iiL  44,  xxxiv. 

la.)  [G.L.] 

,  ASSESSOR,  or  ADSESSOR,  literally,  one  who 
Rti  by  the  side  of  another.  The  duties  of  an 
UtttHf,  as  described  by  Paulus  (Dig.  1.  tit  21. 
■■  I.)  rdated  to  ^  cognitiones,  postnlationes,  libelii, 
edicts,  dccreta,  epistolae  ;**  from  which  it  iq>pears 
Abai  Uiey  were  employed  in  and  about  the  adminis- 
tBttou  of  law.  The  consuls,  praetors,  goTemors  of 
(fonnces,  and  the  judioea,  were  often  imperfectly 
Kqainted  with  the  law  and  the  forms  of  proce- 
^  sad  it  was  necessary  that  they  should  have 
tbc  aid  of  those  who  had  made  the  kw  their  study. 
((^dcOraiDre,L37,  Im  Femna,  ii.  29).  The 
pa^KlBs  pcsetorio,  and  psaefectns  urbi,  and  other 


dvil  and  militaiy  fbaetionarieB,  had  thefr  assessors. 
An  instance  is  mentioned  by  Tacitus  {Aim,  i.  75) 
of  the  Emperor  Tiberius  assisting  at  the  judicia 
{jmdiaiM  adtuUbai),  and  taking  his  seat  at  the 
comer  of  the  tribunal ;  but  this  irtmagr  cannot 
be  interpreted  to  mean,  as  some  persons  interpret 
it,  that  the  emporor  sat  there  in  the  character 
of  an  assessor  properly  so  called :  the  remark  of 
Tacitus  shows  that,  though  the  emperor  might  have 
taken  his  seat  under  ue  name  of  assessor  and 
affected  to  be  such,  he  could  be  considered  in  no 
other  light  than  as  the  head  of  the  state.  (Compare 
Sueton.  7^  Nen,  33,  Tib,  OUtiidiusy  12). 

Under  the  empire  the  practice  of  having  as- 
sessors continued  (Plin.  J^.  I  20,  vL  11,  x.  19 ; 
Gellius,  L  22).  Suetonius  {Golba^  14)  mentions  the 
case  of  an  assessor  being  named  to  the  office  of 
praefectos  praetorio.  The  Emperor  Alexander 
Sevenis  gave  the  assessores  a  regular  aalar}'. 
(Lamprid.  AIb9.  Sev,  46.)  Freedmcn  might  be 
assessores.  In  the  kter  writers  the  assessores  are 
mentioned  under  the  various  names  of  emuUiariit 
Juris  studum^  oomctes,  &c.  The>rw  atmdiom^  men- 
tioned by  Gellius  (xiL  13),  as  assistant  to  the 
judices  {qmoi  adJtiben  m  eotmUum  judiathtri  so- 
lemt)^  were  the  assessores.  Sabinus,  as  it  i^ipears 
from  Ulpian  (Dig.  47.  tit.  10.  s.  5),  wrote  a  book 
on  the  duties  of  assessors.  The  assessors  sat  on  the 
tribunal  with  the  magistrate.  Their  advice,  or  aid, 
was  given  during  the  proceedings  as  well  as  at 
other  times,  but  they  never  pronounced  a  judicial 
sentence.  As  the  old  forms  of  procedure  gradually 
declined,  the  assessores,  according  to  the  conjec- 
ture of  Savigny  {Gt9ckiehU  ds$  Bom,  BeckU  im 
MUUUtlter^  vol  l  p.  79),  took  the  place  of  the  judices. 
For  other  mattenreUtting  to  the  assessores,  see  HoU- 
weg,  HoMUmek  dei  Civi^>roxe$$u,  pi  152.     [G.  L.] 

ASSI'DUI.     [LocupLKTSs] 

ASTRA'GALUS  (iorpayoAorX  literaUy  sig- 
nifies that  particular  bone  in  the  ankles  of  certain 
quadrupeds,  which  the  Greeks,  as  well  as  the  Ro- 
mana,  used  for  dice  and  other  purposes,  as  described 
under  the  corresponding  Latin  word  Talus. 

As  a  Latin  word,  astragalus  is  used  by  Vitruvins, 
who  of  course  borrowed  it  firora  the  Greek  writen 
on  architecture,  for  a  certain  moulding  (the  astragal) 
which  seems  to  hare  derived  its  name  from  its  re- 
semblance to  a  string  or  chain  of  taii;  and  it  is  in 
fact  always  used  in  positions  where  it  seems  in- 
tended to  bind  together  the  parts  to  which  it  is 
applied.  It  belongs  properiy  to  the  more  highly 
decorated  forms  of  the  Ionic  order,  in  whidi  it 
appean  as  a  lower  edging  to  the  lai^  mouldings, 
eqiedally  the  eaUtms  (ovolo),  particularly  in  the 
capital,  as  shown  in  the  following  woodcut,  which 
represents  an  Ionic  capital  found  in  the  ruins  of  the 
temple  of  Dionysus  at  Teos.  Still  finer  examples 
occur  in  the  capitals  of  the  temples  of  Erechtheus 
and  Athene  Polias,  at  Athens,  where  it  is  seen,  too, 
on  the  sides  of  the  volutes.  It  is  also  often  used 
in  the  entablature  as  an  edging  to  the  divisions  of 
the  cornice,  friese,  and  architrave.  The  lower 
figure  in  the  woodcut  represents  a  portion  of  the 
astragal  which  runs  beneath  the  crowning  moulding 
of  the  architrave  of  the  temple  of  Erechtheus.  It 
is  taken  from  a  firagment  in  the  British  Museum, 
and  is  drawn  of  the  same  siae  as  the  <Hri^;inal. 

The  term  is  also  applied  to  a  plam  convex 
moulding  of  the  same  sectional  outline  as  the 
former,  but  without  the  division  into  links,  just 
like  a  iorus  on  a  small  scale :  in  this  form  it  is  used 


1 44  ASTROLOOIA. 

in  the  Ionic  ba«e  [Spira].  In  the  orden  wihse- 
quent  to  the  Ionic,  —  the  Corinthian,  Roman 
Doric,  and  Composite,  —  the  astragal  was  very 


iE^"^i':'>^--T"i:i'^i^ 


mmm 


freely  used.  The  rules  for  the  use  of  the  moulding 
are  given  by  Vitruvius  (iil  5.  §  3,  iv.  6.  §§  2,  3. 
Schneid.).  Numerous  fine  examples  of  it  will  be 
found  in  the  plates  of  Manch  (Die  Grieckischen  tmd 
Romischen  Bau-Ordnungen^  Potsdam,  1 845.)  [P.S.] 

ASTRATEIAS  GRAPHE'  {iurrpartias 
ypaujyfiX  was  the  accusation  instituted  against  per- 
sons who  &iled  to  appear  among  the  troops  after  they 
had  been  enrolled  for  the  campaign  by  the  generals. 
(Lys.  in  Ale.  pp.  521, 571.)  We  may  presume  that 
the  accuser  in  this,  as  in  the  similar  action  for  leaving 
the  ranks  (Xeivoro^Iov),  was  any  citizen  that  chose 
to  come  forward  (6  fiov\6fuyos^  oU  l(c<m),  and  that 
the  court  was  composed  of  soldiers  who  had  served 
in  the  campaign.  The  presidency  of  the  court,  ac- 
cording to  Meier,  belonged  to  the  ^nerals.  The 
defendant,  if  convicted,  incurred  disfranchisement 
< —  &rifi(a,  both  in  his  own  person  and  that  of  his 
descendants,  and  there  were  very  stringent  laws  to 
punish  them  if  they  appeared  at  the  public  sacra, 
to  which  even  women  and  slaves  were  admitted. 
(Andoc  de  Myst.  p.  35  ;  Aesch.  in  Ctea.  p.  59  ; 
Dem.  m  Timocr.  p.  732  ;  Meier,  Att.  Prooets, 
p.  363,  &c)  [J.S.M.] 

ASTKOLO'UIA.  This  word  is  occasionally 
employed  by  the  best  Latin  writers  (e.  g.  Cic  die 
Divin,  ii.  42.)  to  denote  astronomy  in  general,  and 
indeed  is  found  in  that  sense  more  frequently  than 
attrononUay  which  is  of  rare  occurrence.  In  the 
present  article,  however,  we  confine  ourselves  to 
what  is  strictly  termed  judicial  aUrology,  and 
treat  of  astronomy  under  Astronomia. 

At  a  period  far  beyond  the  records  of  authentic 
history  a  belief  arose,  which  still  prevails  un- 
shaken in  the  East,  that  a  mysterious  but  close 
connection  subsisted  between  the  relative  position 
and  movements  of  the  heavenly  bodies  and  the 
fiiite  of  man.  In  process  of  time  it  was  maintained 
that  the  fortunes  of  each  individual  throughout 
life  depended  upon  the  aspect  of  the  sky  at  the 
moment  of  his  birth,  and  especially  upon  the  star 
which  vras  rising  above  the  horixon  at  the  instant 
when  he  saw  the  light,  wii.  upon  those  which 
were  in  its  immediate  vicinity  (oonfimctae\  or  re- 
moved from  it  by  a  sixth,  a  fourth,  or  a  third  part 
of  a  great  circle  of  the  sphere,  or,  finally,  upon 
those  which  were  at  the  opposite  extremity  of  the 
■ame  diameter  (oppositae).  Few  doubted  that  by 
observation  and  deep  study  persons  might  acquire 
the  power  of  expounding  these  appearances,  that 


ASTROLOOIA. 

the  destiny  of  the  child  might  be  predicted  wit] 
certainty  by  those  who  were  skilled  to  interpre 
the  language  of  the  stars,  and  that  the  result  o 
any  undertaking  might  be  foretold  from  the  a^>ect 
of  the  firmament  when  it  was  commenced.  Henc4 
a  numerous  and  powerfid  class  of  men  aroae  wh< 
were  distinguished  by  various  designations.  From 
the  country  where  astronomy  was  first  studied,  and 
their  science  was  first  developed,  the^  were  called 
Chaldaei  or  Bal/ylumi;  from  observuig  the  stairs, 
culronomi,  cutrologi^  planetarii;  fit>m  employing 
diagrams  such  as  were  nsed  by  geometricians,  ma- 
thematid;  from  determining  Uie  lot  of  man  at  hia 
natal  hour,  getieOiIiaai ;  from  prophesying  the  con- 
summation of  his  struggles,  aamrtXtcfurrucoi  ; 
while  their  art  was  known  as  iurrpoXayia,  /*«- 
rctfpoXoyia,  ycrc^XtoAxryta,  ivorcXccrfiarur^,  Ara 
CSuddaeorumy  Mathetts^  or,  from  the  tables  they 
consulted,  vufcuctiHi.  Their  calcuhitions  were 
termed  Babvlonii  numeric  XaXZcduv  fi^doSoi,  XoA- 
Hcduy  if^<^i8cf,  RcUiones  ChaldcUeae;  their  re- 
sponses when  consulted  CkcUdaeorum  numita^ 
Chaldaeorum  natalida  praedicta^  Attrologorum 
pmedicta. 

The  stars  and  constellations  to  which  attention 
was  chiefly  directed  were  the  planets  and  the 
signs  of  the  zodiac,  some  of  which  were  supposed 
to  exert  uniformly  a  benign  influence  (iyoBorouH 
iun4p€s),  such  as  Venus,  Jupiter,  Luna,  Virgo, 
Libra,  Taurus  ;  others  to  be  uniformly  malign 
(kokowoioI  iurrip*s\  such  as  Satumus,  Mars, 
Scorpio,  Capricomus ;  others  to  be  doubtfixl  (^<- 
itoivoi  iurr4pts\  such  as  Mercurius.  By  the  com- 
bination and  conjunction  (avt^fMfi'fi,  amateUatin) 
or  opposition,  however,  of  those  benign  with  those 
malign,  the  power  of  the  latter  might  be  neu- 
tral!^ or  even  reversed,  and  a  most  happy 
horoscope  be  produced,  as  in  the  case  of  Augustus 
who  was  bom  under  Capricomus  (Suet  Aug.  94  >, 
and  hence  that  figure  frequently  appears  on  his 
medals.  For  the  sake  of  expediting  calculations, 
the  risings,  settings,  movements,  and  relative  posi- 
tions (ofYus,  oooeutis,  fTioftts,  vicM,  diaeetsiones^ 
coetua,  eonvaUma,  coneuraion^j  dreuittta^  irmtsitMs^ 
habUua^  format  poaiiura^  pontua  dderum  et  apaiia) 
were  carefully  registered  in  tables  (riyoKts, 
i^fi€pi^€s).  In  so  fiw  as  the  planets  were  con- 
cerned, it  was  of  especial  importance  to  note 
through  what  sign  of  the  zodiac  they  happened  to 
be  passing,  since  each  planet  had  a  peculiar  sign, 
called  the  domua  or  house  of  the  planet,  during 
its  sojourn  in  which  it  possessed  supericur  power. 
Thus  Libra,  Capricomus,  and  Scorpio  were  re- 
spectively the  kouaea  of  Venus,  Saturn,  and  Mars. 

The  exact  period  of  birth  (hora  geiataUa)  bcin<r 
the  critical  moment,  the  computations  founded 
upon  it  were  styled  ydvtats  (geniiura\  itpocKSros 
{horoaoopua),  or  simply  J^^fux,  and  the  star  or 
stars  in  the  ascendant  aidua  nateUiHmit^  aideru  mi- 
tcUitia. 

Astrologers  seem  to  have  found  their  way  to 
Italy  even  before  a  free  communication  was  opened 
up  with  the  East  by  the  Roman  conquests  in 
Greece  and  Asia,  since  they  are  mentioned  con- 
temptuously by  Ennius.  (ap.  Cic.  De  Die.  I  58.) 
About  a  century  later  the  government  seem  to  have 
become  sensible  of  the  inconvenience  and  danger 
likely  to  arise  from  the  presence  of  such  impostors, 
for  in  a  a  139  an  edict  was  promulgated  by  C. 
Comelius  Hispallus,  at  that  time  praetor,  by  which 
the  Chaldaeans  were  banished  from  the  city,  an.1 


ASTRONOMIA. 

orienatoqnt  Italjr  vithin ten  dayi  (YaL  Maz.L 
1  §2>,aBd  dtrfwen  again  baniihed  from  the  dtj 
B  B.C.  33^  bj  II.  Agrippn,  who  was  then  aedile. 
(DioaGHLxlxz.  1.)  Another  aeroe  ordinanee  waa 
leveled  bj  Aqguatua  ai^unst  thia  das*  (Dion  Caia. 
IxT.  1,  bcri.  23X  bat  the  frequent  oceanence  of 
iKk  phiaaea  aa  **  expolH  et  matheauiticoa  **  (Snet 
7%.  36%  *  ndaia  Italia  mathematids  **  (Tac.  HuL 
iL  62X  in  the  hiateriana  of  the  cmpin  proTe  how 
&B  a  hold  theae  pretenderi  mnat  hare  obtained 
of«r  the  pnblie  mind,  and  how  profitable  the  oo- 
capatHB  amai  have  been  which  ooold  induce  them 
to  kaie  diagnce,  and  lometxmea  a  cnel  death 
(Tac  Anm,  n.  32).  Notwithatanding  the  number 
■od  ftringenl  chaBBctcr  of  the  penal  enactments  by 
nkidi  tkuBj  wcte  dcnovmeed,  they  appear  to  hare 
and  althooni   £rom  time  to 


kfpt  their 

tbae  amhti  or  terrified  into  lOence,  to  hare  re- 
iiTcd  with  freah  Tigoor  in  aeaiona  of  conloiion 
as j  aaudiy,  when  all  daaaea  of  the  communxtj 
■napenae  between  hope  and  fear,  were 
to  yield  to  eveiy  supentitious  im- 
psitt.'  It  nnat  be  lemembered  alao,  that  the  most 
aatoe  prineca  did  not  dwidain,  when  agitated  by 
dnbli  «r  exciled  by  ambitiona  longingi,  to  ao- 
qiire  the  prindplea  of  the  art  and  to  consult  its 
yufijMi,  aa  we  may  perceive,  not  to  multiply 
mnqJet,  fram  the  well-known  atoiy  of  Tiberius 
acd  Thasyllus  (Tac  ^aa.  vi  20,  21).  Hence 
Tadtis,  after  leeoantiQg  the  high  piomisea  by 
irhiek  tha  **  nmthemstki "  stimnkted  Otho  to 
uoBM  the  purple,  adds  in  a  tone  of  soRowfhl 
icagaation,  "^cenna  iKMsmom  potentibus  infidum, 
ipenndbat  blkx,  qaod.  in  dvitate  nostra  et  reta- 


ASTRONOMIA. 


145 


Uav  semper  et  retinebitur.* 
42,&&;GeIL3 


(See  Cic  Div.  iL 
.  zir.  1 ;  Hot.  Cbna.  il  17. 17 ;  Pen. 
T.  46 ;  Jut.  iiL  43,  vii  194,  xiT.  248,  vi  563 
-o«l ;  Tac;  Amu  ii.  27,  32,  iil  22,  iv.  5«,  ti. 
20,  lii  22,  52,  68,  xri  14,  Ui$L  L  22,  il  62; 
Saet.  7%.  14,  36,  FdaO.  14,  iVsro,  40 ;  OelLlP; 
IKoB  GuBL  zliz.  43,  Ivi  25,  Irii.  15,  Ixr.  1  ; 
Zoos,  ii  p.  142;  Lipa.  Eaam,  vii.  ad  Toe,  Ami, 
». ;  Jsai,  Baemn.  ad  Hor,  Conn,  il  17.  17  ;  Ru- 
rf^NoLad  Toe,  Amu  il  27.  For  the  penal 
oMaenii,  see  Rein,  Jku  CrmmalreeiU  der 
Ammt,  y,  901,  Ac.  Leipaig,  1844.  Those  who 
woald  acquire  a  knowledge  of  the  tedinical  de- 
^ik  of  astnlogy,  aa  pnctiaed  by  the  andents, 
B«t  pause  the  worka  of  Manilius,  Julius  Pir< 
ucit,  sad  Ptolemy.)  [W.R.] 

ASTRON(yMIA,  astRmomy.    It  is  not  pro- 

T<*e4  m  the  pNscnt  artide  to  give  a  technical  his> 

i«7  >f  the  rise  and  progicsa  «f  astronomT  among 

tie  sadcnls,  but  to  confine  ourselres  to  what  may 

W  regsided  aa  the  popular  portian  of  the  science, 

^  ftWiisliiais.  namely, upon  the  relative  position 

nd  sppsRut  msTements  of  the  celestial  bodies, 

■^easily  the  fixed  stars,  which  from  the  earliest 

*F^  engsgcd  the  attention  of  those  dasses  of  men 

v^  Si  shepherds  or  mariners  were  wont  to  pass 

t^iURhlshiUieopenair.   We  shall  consider : — 

.  1.  las  Jtiftfcot  names  by  which  the  constella- 

tiais  «se  ^tttingnishffd  among  the  Greeks  and 

Bmsbs,  and  the  Icgoida  attadied  to  each ;  but 

vcihdaMt  attempt  to  investigats  at  length  the 

•rigia  «( these  names  nor  the  times  and  places 

vka  sad  where  they  were  first  bestowed.    The 

■BtoakfiK  this  first  section  hare  been  carefully 

oQwicd  by  Idekr  in  hia  casay  entitled  UnUr- 

lUttdmUrwpnm^mdduBedaUtmgdtr 

1 0«rii%  1809)»  a  work  which  we  now 


mention  spedally  once  for  all  to  aroid  the  neeesnty 
of  constant  references ;  in  the  Hitiorueie  Vnier- 
Mfcftan^ea  mberdieaslromomiteieH  Beobaehttmgem  der 
AlUMy  by  the  same  author  (Berlin,  1806)  ;  in  a 
paper  by  Buttmann  Vher  die  Entstehmg  der  Stem- 
bilder  mrfder  grieekiaehen  S/are,  contained  in  the 
Transactions  of  the  Berlin  Academy  for  1826 ;  and 
in  the  6'MoiUbJUs  der  AMtronomie  of  Schanboch. 

2.  The  risings  and  settinn  of  the  fixed  stan 
considered  with  reference  to  the  podtion  of  the  sun 
in  the  ecliptic, — a  series  of  phenomena,  which  re- 
cuiring  r^^^ilarly  every  tropical  year,  served  in 
the  most  remote  ages  as  the  sole  guides  for  the 
operations  of  the  husbandman,  and  which,  being 
in  later  times  frequently  appealed  to  b^  the  poets, 
are  sometimes  designated  the  **  Poetical  Risings 
and  Settings  of  the  Stars.*^  Here  we  chiefly  de- 
pend upon  the  compihtions  and  dissertations, 
andent  and  modeni,  brought  together  in  the 
Uramdoffion  of  Petavius  ;  upon  the  disquisition  by 
J.  F.  P&ff  entitled  Commadatio  de  Ortibw  d  Oe- 
outSnu  Siderum  apud  ametore$  damoM  commemoro' 
tot  (Ootting.  1786)  ;  upon  a  paper  by  Ideler,  Utter 
dem  aetnmomietAm  Theil  der  Faeti  dee  Ovid^  in  the 
Transacdons  of  the  Berlin  Academy  for  1822 — 
1823,  and  on  the  HtrndbmA  der  Ckronoloffie  by  the 
same  author. 

3.  The  division  of  the  year  into  two,  three,  or 
more  seasons,  according  to  the  risings  and  settings 
of  particular  stan  or  clusters  of  stars.  The  Hamd- 
bmek  der  CkromoUiffie  contains  a  full  examination  of 
all  the  most  important  passages  from  the  Greek  and 
Roman  authors  which  bear  upon  these  points. 

The  determination  of  the  length  of  the  year  and 
the  distribution  of  time  into  months,  days,  hours, 
and  other  periods,  which  in  some  degree  belong  to 
the  same  subject,  are  treated  of  separately  under 
the  heads  of  Calcndaaium  and  Diss,  and  con- 
fining our  attention  ioe  the  present  to  the  fixed 
stars  {emmee^  eteUae  erra^Bcaa,  see  GelL  xiv.  1), 
we  shall  make  a  few  remarks  on  the  bodies  of  the 
sohr  system  under  Planbtas. 

I.  Ths  History  and  Names  of  thi  Con- 

8TXLLATI0N8. 

To  begin  with  the  two  earliest  among  profiuie 
writers,  Homer  and  Hesiod,  the  former  notices  the 
Bear  or  Waggon;  Bootee;  Oriom;  the  Dog  qf 
OrioH  ;  the  PleUidee^  and  the  Hyadee  :  the  Utter, 
Orkm;  Siriue ;  the  Pleiadee ;  the  Hyadee;  and 
Areturue,  We  are  not  entitled  to  condude  from 
this  that  they  were  not  acquainted  with  the  names 
or  fimns  of  any  other  constellations,  but  it  seems 
certain  that  neither  the  LUtle  Bear  nor  the  Dragon 
were  known  to  Homer,  for  although  these  remain 
always  above  the  horison  in  the  latitude  of  Greece 
and  Asia  Minor,  he  speaks  of  the  (Great)  Bear  as 
the  only  constellation  which  never  plunges  into 
Oceaa^s  baths  ;  and  we  are  elsewhere,  as  will  be 
seen  below,  distinctly  told  that  the  Little  Bear  was 
introduced  into  Greece  from  the  East  by  Thales. 

Pliny  {H.  N»  il  6)  attributes  the  invention  of  the 
signs  of  the  sodiac  to  Cleostratus  of  Tenedos  (fl.  &  c 
500),  and  asserts  that  Ariee  and  Sagittariue  were 
marked  out  before  the  rest.  The  first  distinct  in- 
fonnation,  however,  with  regard  to  the  Grecian 
heavens  was  oontamed  in  the*%yovTfioy  and  the 
^aut6tuwa  of  Eudoxus  of  Cnidna,  who  diied  &  a  352. 
Both  of  these  works  are,  it  is  troe,  lost  with  the  ex- 
ception of  a  few  fragments,  but  their  contenU  are 
known  to  us  from  the  poem  of  Aratus  (fl.  b.c.  260)» 

L 


146 


ASTKONOMIA. 


vhkh,  as  we  areaatnred  in  the  commentary  which 
hean  the  name  of  Hipparchna,  does  little  more  than 
npresent  in  vene,  with  rery  few  Tariationa,  the 
matter  contained  in  -the  two  treatises  named  above, 
especiallj  in  the  latter.  The  great  popularity  en- 
ioyed  by  the  prodoction  of  Anitas  (Cum  eoie  ei 
Inma  tunper  Aratua  erU)  must  have  depended  upon 
the  attractions  presented  by  his  theme,  and  cer- 
tainly not  upon  the  spirit  or  grace  with  whidi  that 
theme  was  handled.  We  know  the  munes  of 
thirty-fiye  Greeks  who  composed  commentaries 
upon  it,  and  we  are  acquainted  with  no  less  than 
three  translations  into  Latin  verse — one  by  Cicero, 
of  which  fragments  only  remain ;  another  by  Caesar 
Germanicus,  of  which  a  oonsiderable  portion  has 
been  preserved ;  and  a  third  by  Rufus  Festos 
Avienus,  which  is  entire.  Virgil  borrowed  largely 
from  this  source  in  those  portions  of  his  Geor^ics 
which  contain  references  to  the  heavenly  bodies, 
and  particularly  in  that  section  which  is  devoted 
to  prognostics  of  the  weather.  There  are  also 
valuable  Greek  scholia  ascribed  to  the  younger 
Theon,  but  manifestly  compounded  of  materials 
derived  from  many  different  quarters.  The  work 
itself  is  divided  into  three  parts  : 

1.  A  description  of  the  constellations,  extending 
to  line  454. 

2.  A  short  account  of  the  Planets,  of  the  Milky 
Way,  of  the  Tropical  Circles,  and  of  the  Equator, 
followed  from  v.  659  by  a  full  detail  of  the  stars 
which  rise  and  set  as  each  sign  of  the  aodiac  ap- 
pears in  succession  (eiiyoywroAaQ. 

3.  At  line  733  commences  what  is  frequently 
xegarded  as  a  separate  poem,  and  placed  apart 
under  the  title  Aiwrrifiua^  consisting  of  a  eoUeeti<m 
of  the  various  appearances  whioh  enable  an  ob- 
server of  nature  to  predict  the  weather.  It  will 
be  seen  below  that  the  constellations  described  by 
Aratus  still  retain,  with  a  few  variations,  the  names 
by  which  he  distinguishes  them. 

In  a  little  tract  ascribed  to  Eratosthenes  (fl.B.c. 
230),  entitled  Karoirrcpur/Aoi,  probably  an  abridg- 
ment of  a  more  complete  treatise,  in  which  he 
detaQs  the  mythological  origin  of  the  constellations, 
together  with  tho  number  and  place  of  the  stars  in 
each,  we  find  the  same  forms  arranged  in  the  same 
order  as  in  Atntus,  who  is  followed  step  by  step. 
The  Bird^  however,  is  here  termed  the  Swan  ;  the 
OBHtaur  is  individualised  into  dnron;  and  the 
Hair  of  Berenice  appears  for  the  first  time,  having 
been  introduced  by  Conon  in  honour  of  the  sister- 
wife  of  Ptolemy  Euergetes. 

Scientific  astronomy  commenced  at  Ale]candria 
in  the  early  part  of  the  third  century  before  our 
era  ;  and  the  first  steps  were  made  by  Timocharis 
and  Aristyllua,  who  flourished  about  B.C  290. 
They  invented  the  method  of  determining  the 
places  of  the  fixed  stars,  by  referring  them  to  one 
of  the  great  circles  of  the  heavens,  and  fer  this 
purpose  selected  the  equator.  By  them,  as  we 
leant  from  Ptolemy,  the  right  ascension  and  de- 
clination of  many  stars  were  observed,  among 
others  of  Spioa  in  the  Virgin,  which  they  found 
to  be  8°  froin  the  equinox  of  autumn. 

Hipporehus,  about  150  years  later,  followed  up 
the  track  which  they  had  indicated  :  his  observ- 
ations extended  firom  b.  a  162  to  b.  c.  127  ;  and, 
whether  we  regard  the  originality,  the  magnitude, 
or  the  importance  of  his  labours,  he  is  weU  entitled 
to  be  regarded  as  the  fether  of  the  science.  (See 
Plin.  H,  N,  ii  26.)     In  addition  to  many  other 


ASTRONOHIA. 

services,  he  first  drew  up  a  regular  cstaJqgiie  of 
the  fixed  stars,  pointing  out  their  positian  and 
magnitude,  he  first  delineated  accnratdy  the  shape 
of  the  constellations,  and  he  first  discovered  the 
precession  of  the  equinoxes  by  oon^aiii^f  his  own 
observations  with  those  of  Tunocfaaris  and  Aria* 
tyllus.  It  is  much  to  be  bunented  that  all  the 
works  of  so  great  a  man  should  have  perished, 
with  the  exoeptioo  of  a  oommentary  in  thne  books 
upon  the  description  of  the  fixed  stars  by  Eudoxns 
and  Aratus  (*E{^i|orfff  rw  *Ap6rov  ool  Ev^ov 
^w/A^vwr),  the  least  valuable  peihaps  of  all  his 
productaons.  We  have,  however,  every  reasoo  to 
believe  that  the  substance  of  his  most  valuable  ob- 
servations has  been  preeerved  in  the  Almagest  of 
Ptolemy,  whidi  long  enjoyed  such  hi^h  fiune  that  all 
former  authors  were  allowed  to  sink  into  oblivion. 

The  catalogue  of  the  fixed  stars  by  Ptolemy 
(fi.  A.  D.  100),  contained  in  the  seventh  and  eighth 
books  of  the  Almagest  and  derived  in  all  pro- 
bability in  a  great  measure  from  that  eompiled  by 
Hipparchus,  bng  served  as  the  model  for  all  sub- 
sequent labours  in  the  same  fieid,  and  little  more 
than  two  centuries  have  elapsed  since  any  attempt 
was  made  to  supersede  it  by  something  more  per- 
fect It  embraces  48  constellations  (21  northem, 
15  southem,  and  the  12  signs  of  the  aodiac),  com* 
prising  15  stars  of  the  first  magnitude,  46  of  tlie 
seeond,  208  of  the  third,  474  of  the  fimrth,  21 7 
of  the  fifth,  49  of  the  sixth,  9  obscure,  and  5 
nebulous,  in  all  1022.  These  are  the  consteUa- 
tions,  usually  denominated  the  Old  ContteUaticms^ 
to  distinguish  them  firam  the  additions  made  in 
modem  times,  and  these  we  shall  consider  in  re- 
gular order.  The  stars  are  enumerated  aeoording 
to  the  place  which  they  occupy  in  the  figures,  the 
latitude,  longitude,  and  magnitude  of  each  hekag 
specified.  In  connection  with  many  constellations, 
several  stars  are  mentioned  as  hftop^mrei^  that  is, 
not  included  within  the  limits  of  any  one  of  the 
figures  ;  among  those  near  the  Lion  he  notices  the 
Hair  ofBeremee^  among  those  near  the  Eagle  the 
AnHnoue.  The  single  stars  and  small  groups  to 
which  partieular  names  are  assigned,  are,  .irctfan-vs, 
the  Lyre^  OapeUa,  the  Kida^  the  Ec^Sy  the  Hyades, 
the  JHeiades,  the  Manger^  the  Anee,  Reffuius 
(fiauri}dffKos\  Vindenuatrixy  Spica^  Jatofvs,  the 
Hotmd  (he  does  not  give  the  imm^SirmB^Camofms, 
and  PrcK^fom, 

Among  our  Greek  authorities  we  must  not  pass 
over  Geminus,  whose  work  Elo'cryvryj^  els  Th 
^atvSfuva  contains  in  sixteen  chapters  an  expoei« 
tion  of  the  most  striking  fr^ts  in  Astronomy  and 
Mathematical  Geography.  We  know  nothing  of 
him  personally ;  but  it  has  been  infeired  firom  hie 
book  that  he  was  a  native  of  Rhodes,  and  that  he 
flourished  about  ac.  70,  at  Rome,  or  at  some 
place  under  the  same  parallel.  The  second  chapter 
treats  of  the  consteUations  and  of  those  stars  and 
small  clusters  distinguished  by  particular  names. 
The  Ckima  Beremeea^  which  is  not  indnded  in  the 
21  northern  constellations  of  Ptolemy,  has  herb 
an  independent  place  assigned  to  it ;  the  JFktoL^  or 
lAttle  Horte,  is  termed  rpvrofiii  Tmrev  acofl*  *Iw. 
TopxoPj  whioh  seems  to  indicate  that  it  was  in- 
troduced hf  Hipparchus ;  in  addition  to  the  15 
Southem  Constellations  of  Ptolemy,  we  find  the 
Stream  (x^*'  65aTOf)  issuing  from  the  urn  of 
Aquarius,  and  the  Tkyrnu  of  the  Centaor.  The 
sixteenth  chapter  is  particularly  interestii^g  and 
valuaUe,  since  it  contains  a  porapegma  or  ealenda» 


ASTRONOMIA. 
af  the  zningi  aad  uetdm  of  the  fixed  etan,  with 
pnfneMica  of  the  weather,  aocordinff  to  Meton, 
KMrtfflwm,  Endoziu,  Calippus,  and  o^en,  the  oh- 
MTfatMHu  of  etth  heing  quoted  sepantely. 

The  Reomf  adopted  the  knowledge  of  the  ilan 
eoanBOBnted  bj  the  Oreeka  wiuiovt  in  the 
■fighlesft  degree  extepding  it  Only  two  Latin 
vnteni  diaeame  ipedally  on  the  lobject,  Manflioa 
■od  Jnlina  Flnnicaa,  and  their  tieatiaea  bdong 
nsher  to  Jvdicial  Aaoologj.  The  poeta»  however, 
opedailj  Grid  and  Viigil,  make  frecpient  allu- 
■aaa  ta  the  rianga  axid  tettmga  of  the  fixed  atara, 
t»  the  aoat  rensikahle  cenatdhtiona  and  to  the 
fepndi  nttached  to  them.  Cicero,  Gcnnanicua, 
and  Aiieav.  aa  we  have  stated  abore^  exeented 
tniiwhtfnna  of  Aimtna,  whfle  in  Vitrariiia,  FUny, 
CoiBMOa,  Martianns  G^ella,  the  SehoUaat  on 
GeraanicM,  and  Hmnaa,  we  find  a  mnltitade  of 
detoflL  Mnmliaa,  it  is  dear,  took  Antas  fiv  his 
geide  in  ao  fiv  aa  the  eonatdlationa  woe  con- 
esoed ;  fir  he  doea  notnoCiee  theHairifB^wiee, 
tb /ho^  nor  the  &MSBkni  ChMm. 

Plivf  qieaka  of  the  eonstelktions  as  serenty-two 
Bmher;  hot  he  aeems  to  have  eked  oat  the  Bom 
by  eovnting  aepantely  portions  of  figioes,  snch 
»  dM  Pleiadea,  the  Hytdtt^  the  ITm  and  the 
AeaB  y  JyiMUM,  the  T^frmu  4/  tta  OMtew, 
tk  Htad  €f  Medmm^  the  SfpmAir  </ FeneuM^ 
tke  Jf«9er,  the  Two  Aate»,  Oapeila^  the  Kidi, 
tike  Hair  0/  BanmSiM,  the  Tknm  t^  Oae$ar^  and 
pnbaUf  the  more  oonspieneiis  among  the  indiyi- 
doal  ftni,  snch  as  Antimu  and  Striiu.  He  sets 
^own  themnnber  of  obaenred  stars  at  1600,  which 
ki  eneeeds  the  cntal^gne  of  Ptolemy. 

The  Scholia  00  G«rmaniciis  do  not  constitote  a 
Rgafar  uwumeiilaiy  like  the  Scholia  on  Antas, 
Wt  are  traaahtiona  firom  Eratosthenes,  with  some 
ezeeipta,  added  snbaequently  perhaps,  from  the 
^fanOiaeeaet  Barbara  of  Nigidina  Fignlu  and 
•^  VDika  on  aatnoomical  mySis. 

Tbe  i\Mtfaaa  Attromomiamy  which  bears  the 
BISK  •£  Byginna,  im  written  in  the  style  of  Era- 
ftlifms,  and  ia  in  a  great  measore  bonowed  from 
bin.  No  Bodee  ia  here  taken  of  the  Foal  nor  of 
tie  SoiAtru  Crmm,  which  prores  that  at  the 
tine  when  it  waa  eompoaed,  whenerer  that  may 
IttTc  been,  mon  attentian  was  paid  to  Aiatos  than 
to  H^parchas  and  Ptolemy. 


Aames  ofOe  OmatdkUumt, 

la  idiat  foQows  we  anange  the  eonstellationa, 
«i&  one  or  two  trifling  exeeptions»  in  the  order 
daptid  by  Ptolemy,  eirameratii«  first  the  twenty- 
w  Borthem  aligns ;  secondly,  the  twdve  sodiacal 
■gBS;  aad  lastlr,  the  fifteen  soathem  signs.  In 
eaeb  ease  we  giTe,  fint,  the  name  by  which  the 
^flartfllsticai  ia  known  among  onndTes;  secondly, 
tbe  oeme  ascribed  to  it  by  Aratus;  and  lastly,  the 
^^  Qreek  and  Latin  names  which  most  fire- 
Ittady  oecar  or  whidi  desenre  porticalar  notice. 

NoTthem  Signs. 

1.  Thb  OaBATBsAa,  Thb  Plouob,  Chaalis* 
Wim,  'A^KTes  0<»>dXi|),  'EXirn  (Arat  27, 
kt.%  Mofor  ArdmM^  Major  Una  (Oennaa.),  Hs- 
fioi  (Gc,  IfaniL  i  303).  Tbe  moat  remarkable 
chair  m  the  neithem  hemisphere  both  on  account 
tf  hi  briDianey  and  from  the  dieomstaace  that  it 
■ever  naks  below  tbe  horiiQn  in  Europe  and  those 
pvti  e(  Asia  known  to  the  andents,  is  that  which 
aicady  aft  the  time  of  Homer  was  known  by  the 


A8TR0N0MIA.  147 

names  of  "A^Ncrot,  The  Sio  Bear,  or*A^a,  7%« 
Wagsfom  (IL  xriii  487,  Od.  t.  275),  which  the 
Romans  transbted  by  the  eqnirdent  terms  Una 
and  Flauttrum  or  CWraa,  At  a  kter  period  whan 
the  Leaser  Bear  had  been  added  to  the  mnnber  of 
the  celestial  signa»  the  epitheU  /ftydKti  aad  fwtpd 
were  applied  to  them  respectively  by  way  of  dis- 
tinction, and  in  like  manner  Ond  (JVitL  ir.  3) 
speaks  of  them  as  mo^na  atmon^M  /erae.  The 
andent  Itdian  name  fixr  the  seven  bright  star* 
which  fi)rm  the  most  conmcnons  portion  of  the 
group  was  ^i^ptan  THoaat  (Cic.),  that  ia,  according 
to  the  interpielation  of  Vano  {L.  L.  j'lA  ;  OelL 
ii.21 ;  Featas,  «.  «.  TWomm),  Tkt  Snm  PlooMtp 
OsoB,  an  appellation  which  as  wdl  as  thatof  (la^a 
waa  extended  to  the  Lesser  Bear:  Thus  Aratns 
fwnmences  his  description 

9im  94  fur  iifAi^s  fx^wrcu 
"AfKToi  Bfta  rpox6mai,  rh  3^  KaXdorrai  Sftaioi^ 

deriving  V«(ai,  absurdly  enough,  firara  4^;  Virgil 
celebrates 

Axtrtorum,  plaviasqne  Hyadas,  ffmimoaqm  JViome^ 
and  Vitnivins  (ix.  8)  not  only  employs  Septem- 
trio  simply  for  the  Greater  Bear,  but  distinguishes 
between  Sepitmirio  mqjor  and  Sepiemirio  mimor^ 
and  again  speaks  of  the  ArcUm^  qai  Sep(miUnont§ 


In  addition  to  the  above  designations  we  find 
*£Aiinr,  applied  to  the  Greater  Bear  alone,  derived 
fimn  its  sweeping  round  in  a  curve  (kwh  rov  4Ai>- 
<rca«ai,  SchoL  ad  AraL  37),  while  from  the  mythi- 
cal connection  established  between  this  constella- 
tion and  Callisto,  daughter  of  the  Arcadian  moiiardi 
Lycaon,  the  Latin  poets  constantly  refer  to  it  as 
Ljfoatmit  Aretos;  Parrka$i$  ArdM  :  Parrkamdea 
MttUae/MaMaliaUrm^Ac  The  term  ^oeet /cam 
employed  by  Propertius  (ii.  24.  24),  is  explained 
below  (No.  5)  under  Arctopkj/laaf.  For  the  story  of 
Cdlisto  and  her  transfiirmatkm  see  Ovid.  Met  ii. 
409,.  Faat  ii  155 ;  Serv.  ad  Fcry.  Gwy,  I  246 ; 
Hygin.  PoeL  Attron,  ii  1.  2. 

2.  Thb  Lxssaa  or  Littlb  Bkab,  "A^Mcror 
OuicyMC),  Kvr^oupo,  Kur6aoupa  (Arat  27--308), 
Ardut  mtnor  (Cic),  QmoMfro  (Cic.  Manili  306). 
This  constellation,  we  are  assured  by  many  au- 
thorities (SdioL  ad  Horn.  JL  xviii  187  ;  AchilL 
Tat  Itoffog.  m  AraL  Pkam,  e.  1 ;  Diog.  Lafrt  i 
23;  Hygin.  PoSL  AdronJ  ii  2),  was  first  added  to 
the  Gredan  catalogues  by  Thdes  by  whom  it  may 
possibly  have  been  imported  from  the  East ;  and 
while  from  its  dose  resemblance  in  form,  it  shared 
the  names  of  "A/mctoi  and  Sfta^a  with  its  more  an- 
dent and  miyestic  companion,  it  enjoyed  exdu- 
sivdy  the  appellations  of  ^oirUcri  and  Kvrdaovpa, 
The  fimner  was  derived  from  the  circtunstance 
that  it  was  sdected  by  the  Phoenicians  as  the 
guide  by  which  they  shaped  their  coone  at  sea, 
the  Gredan  mariners  with  less  judgment  employ- 
ing Hdioe  for  the  same  purpose  (Ant  37  ;  Erat. 
Oai.  2 ;  Sc)|oL  ad  Gorman,  p.  B9 ;  Hygin.  P,  A, 
ii  2).  The  latter,  signifyug  cams  ctmda^  applied 
by  the  ancients  to  the  whde  figure,  and  not  as  in 
modem  times  merdy  to  the  jMle  star,  seems  to 
have  been  suggested  by  the  appearance  presented 
by  three  of  the  stars  which  fi>nn  a  circular  sweep, 
bearing  seme  resemblanoe  to  the  upturned  curi  of 
a  dog^  tail,  and  will  thus  be  an  exnression  analo- 
gous to  tkat  of  Hdieo,  The  earW  astronomers 
seem  to  have  generally  considered  that  one  of  the 
L  2 


148 


astronomia: 


tan  in  the  Little  Bear  marked  the  pobidon  of  the 
pole,  but  it  is  difficult  to  determine  firom  their 
words  to  which  they  teverally  refer.  Accord- 
ing to  HyginuB  who,  however,  seems  not  to 
have  clearly  understood  Eratosthenes  whom  he 
quotes,  one  of  the  three  stars  Csnning  the  tail  was 
odled  Polu9  and  the  two  others,  from  circling 
round  it,  Xopcvral,  The  Danoam^  the  same  appa- 
rently with  the  lAidMdf  of  the  Scholiast  on  Ger- 
manicus. 

Those  poets  who  regarded  the  Great  Bear  as 
Callisto  represented  the  Little  Bear  as  her  dog;  but 
according  to  another  legend  commonly  received, 
the  two  bears  were  the  two  nymphs  who  acted  as 
nurses  in  Crete  to  in&nt  Jove  (Arat  31),  and 
hence  the  phrase  Cretaeas  ArcH  (German.). 

3.  Thb  Dragon,  Apdxw  (Arat  45),  trans- 
lated by  the  Latins  Draco  (Cic.  German.  Vitruv.), 
Serpens  (German.  Vitruv.  Manil.  OvidX  and  Anguts 
(Virgil.  Ovid.  Manil.).  Servius  (ad  Virg.  Qwrg. 
i.  205)  remarks  that  there  are  three  Angmt  in  the 
sky,  one  lying  between  the  Bears : 

Mazimus  hie  flezu  sinuoso  elabitnr  Anguis 
Ciicum  perque  duas  in  morem  fluminis  Arctot : 

(comp.  Vitmv.  is.  3):  the  second  grasped  by 
Ophiucut:  the  third,  to  the  south,  around  the  Crater 
and  Cionms.  The  superior  richness  of  the  Greek 
language  distinguished  these  as  Apdxcty,  'O^u,  and 
*T8/n7.  The  description  of  Amtus  has  been  ren- 
dered almost  verbatim  and  with  great  spirit  by 
Virgil  in  the  lines  quoted  above.  Mythologically, 
the  dragon  was  regarded  as  the  snake  which  once 
guarded  the  apples  of  the  Hesperides,  or  as  a  snake 
snatched  by  Minerva  firom  the  giants  and  whirled 
by  her  aloft  to  the  pole.  (Hygin.  P,  A.  iL  3,  iii. 
2  ;  Serv.  ad  Virg.  Georg.  I  244  ) 

4.  Cbphbus,  Ki}^^s  (AiHt  183),  Cep&eus 
(Cic  Vitruv.  Manil),  lasides  C^iiheua  (German.). 
The  legends  respecting  this  ill-fated  monarch  and 
the  other  members  of  his  &mily  who  beamed  in 
the  heavens,  Cbsnopeio,  Peneua^  and  Andromeda^ 
are  detailed  at  length  in  the  Catasterisms  of  Era- 
tosthenes and  in  Hyginus. 

5.  Thb  Bbar-Wardbn,Bootb8,Thb  Wag- 
GONBR,  *KpKTO^iXa^  (Arat  91),  Arctopkvlaae 
(Cic.  German.  Manil.  I  823),  translated  by  Ovid 
{Tritt,  I  10.  15)  Custot  Uraae^  and  by  Vitmvius 
(iz.  3.)  Ctutot  Arcti,  or  simply  Cusios  (/.  c),  was 
denominated  also  Bo«^;  (Arat  L  e.)*  Bodes  (Cic. 
(German.  Manil.),  L  e.  Btdndats^  the  oz-driver,  and 
according  to  the  Scholiast  on  Aratns  (/.  e,)TpvyrtT^s^ 
the  vintager.  The  first  name  which  supposes  the 
constellations  to  represent  a  man  upon  tne  watch 
denotes  simply  the  position  of  the  figure  with  re- 
gard to  the  Great  Bear,  or  when  the  latter  was 
regarded  as  Odlisto,  then  Arctophykz  became 
her  son  Areas,  by  whom  she  was  hunted  and 
slain  ;  the  second  name,  which  is  fi>und  in  Homer 
(Od.  V.  27 2>  refers  to  the  ^Ifui^o,  the  imaginary 
form  of  BoAnis  being  fancied  to  occupy  the  place 
of  the  driver  of  the  team  ;  the  third  name  is  con- 
nected with  the  period  of  the  heliacal  rising  of  the 
group  which  indicated  the  season  of  the  vintage. 

The  chief  star  in  the  constellation  is  Arctubus, 
'ApicTovpos  (Arat  95^  Areturus  (Cic.  German. 
Vitmv.  ManiL),  a  word  of  similar  import  with 
Arctophykix.  It  is  twice  mentioned  by  Hesiod 
{Erg,  566,  610%  and,  as  we  shall  see  hereafter, 
occupied  a  prominent  place  in  the  calendars  of 
Greece  and  Rome.    Some  late  writers,  such  as  the 


ASTRONOMIA: 

Scholiast  on  Germanicns,  Hyginns  and  Martianos 
Otpella,  use  the  name  Areturus  for  the  whole  con- 
stellation, but  Aratus,  Geminus,  and  Ptolemy  cod- 
sider  it  as  a  single  star. 

The  legends  with  regard  to  BoOtes  present  many 
different  aspects  ;  by  the  Greeks  he  was  usually 
represented  as  Arais,  the  son  of  Callisto  ;  Ovid  in 
one  passage  {Fast,  vi.  235)  calls  him  Lycaon,  the 
fiither  of  the  hi^yless  damsel ;  by  others  he  was 
pronounced  to  be  Icarins  (or  Icams)  to  whom 
Bacchus  taught  the  use  of  the  vine,  and  then  the 
constellation  Virgo  was  his  daqghter;  Erigone, 
and  either  the  greater  or  the  lessernoond,  was  her 
dog  Maera  (Omts  Icarias^  Ov.  FasL  iv.  939). 
Hence,  too,  the  Septemtriones  are  styled  Bones 
loarii  by  Propertius  (ii.  24. 24). 

Homer  (Od,  v.  272)  calls  Botttes  S^  8^  from 
his  descending  below  the  horizon  in  an  upright 
position,  and  therefore  very  gradually.  (Compare 
Ov.  Fast,  iii  405  ;  CUud.  Rapt.  Proserp.  ii.  IdO, 
and  the  ^  pigri  sanaca  Bootae  **  of  Juvenal,  v.  2S. 

6.  Thb  Nortubrn  Crown,  Sr^^oros  (Arat. 
71),  Corona  (Cic.  Vitinv.  ManiL),  AriadMes  eoroma^ 
AfMoattroffo,  German.).  Ptolemy  distiqgnishes  be- 
tween the  Northern  and  the  Southern  Crown  (2t« 
^oyor  fi6p€tos,  vArtos^  and  hence  the  modem  name. 
According  to  the  legend  commonly  adopted  this  was 
the  chaplet  of  Arii^bie  placed  by  Bacchus  in  the 
firmament  to  do  honour  to  his  mistress,  and  hence 
the  epithets  applied  by  Germanicus  as  quoted 
above.  (Comp.  Virg.  Georg.  L  222 ;  Ov.  PasL  iii. 
460  ;  ManiL  L  330.) 

The  name  Gemnut,  now  given  to  the  most  re- 
splendent star  in  the  circle,  was  not  known  to  the 
Romans. 

7.  Hbrculbs.  The  constellation  now  known  bj 
this  name  is  described  by  Aratus  (v.  63)  as  an  un- 
known or  nameless  form  (ct8««Aoi'  HSorw ;  iem^ios 
clSciXoio),  which  from  its  resemblance  to  a  man 
toiling  {jjuoTfiovri  ia^fii  ioiK\n  cSBo0Xor)  on  his 
knees,  was  usually  called  *Epy6tfatnWf  which  the 
Romans  either  expressed  in  the  same  letters,  En- 
gonasi  (ManiL  v.  645^  Engomasm  (C]lic.X  ^^  ^  'h® 
translations  Geniadatus^  IngOuaUatus  (Vitmv.  ix. 
3X  Ingemicultts  (Jul.  Firm.  viiL  17),  Nims  in 
genibus  (Vitruv.  ibid.),  NuBageim^)eeies  (German. 
ManiL  I  322,  v.  645X  Dextro  gam  mam  (Oer- 
man.X  or  simply  Nisus  s.  Niams  (Ci&  German.), 
Inmxus  (Avien.  205X  or  with  reference  to  the 
labouring  attitude  Defectum  sidus^  Effigies  d^eda 
labore  (German.). 

According  to  Avienus  (v.  175X  the  appellation 
of  Hercules  was  bestowed  by  Panyasis,  by  others 
it  was  regarded  as  Theseus,  by  oUiers  as  Ceteus, 
son  of  Lycaon,  by  others  as  Prometheus  chained  to 
Caucasus.    (Hygin.  P.  A.  u.  6,  iii  5.) 

8.  Thb  Ltrb,  X^Xvs,  A6pa  (Arat  268),  l^ra 
(German.  Vitruv.  ManiL  i.  83 IX  Fides  (Cic), 
Fidis  (CoL  zl  2.  §  43,  Ac),  Fidiada  (Plin.  H.  A\ 
xviii.  64.  &c.).  Ptolemy  (^.A)  designates  as 
6  Xe^iirpdt  rris  Xvpar,  the  peculiarly  bright  star 
(a  Lyrae),  which  renders  thu  constelbUioo  so  con- 
spicuous ;  but  it  appears  probable  that  the  simple 
A6pa  among  the  Greek  astronomers,  as  well  as 
Fidis  and  Fidiada  among  the  Latins,  was  fre- 
quently employed  to  denote  this  single  star,  as 
well  as  the  whole  sign.  Manilius  seems  to  qwak 
of  Fides  as  a  oonstelktion  distinct  from  Lyia,  but 
the  passages  an  very  confused  (1 409  ;  comp.  324, 
337).  The  invention  of  the  Lyro  being  ascribed 
to  Mercury,  we  naturally  find  die  ^itfaeCi  *Eppaiii 


ASTRONOMIA. 

(Ant  574X  KbAA^m^v  (MT),  MiercMriain  (G«- 
tm.X  C^fBmia  (de.}  attached  to  it. 

a  Th»   Swan,    "O^irts,    cdfoAoy    8|wif  (Ami 
erS,  275X  ^&»  (<3cX    Volmcris^  AvU  (Vitrnv. 
ix.4X    Tbe  Binl  is  the  name  ^ven   bj  Antos 
the  conateDation   termed  by  Em- 
(c    35>    K^KVDS^    rendered    €)fmma  by 


ASTRONOMIA. 


149 


I  and  MaaOina,  fiar  w^hich  the  ■ynonym 
Okir  a  freqeently  aabatituted.  By  m  jthologwU  it 
twrqpided  as  the  awan  of  L.eda. 

IICassiopbia,  Kna-o-c^vcMK  <Arat.  \^9\Ca»' 
mtftk  (Gc  Gcsman.  MaoiL  i.  361X  Cbcsuipaa 
(Timr.).  For  themjth  regarding  her,  aee  Hygin. 
P.JL  u,  10  ;  comp.  Arat.  6&4  ;  ManiL  t.  604; 
PnpefL  i.  17.  3  ;  ColmnelL  ad.  2.  §  78. 

11.  PaasBva^  ncporc^  CAmt.  248X  Penou 
(Ck.  Octaian.  VitxirF.  ManiL  i.  357,  866X  was 
pictmd  as  bearing  in  one  hand  n  crooked  sword 
(spi,  UzX  and  in  the  other  the  head  of  the 
GocfOi  Mednaa,  rop>^rtosr  (Oemin.  Ptolem.),  Gar- 
gmtam  eapml  (Vitmv.  ix.  3\  Cforpomis  era  (ManiL 
i.  S66X  Ofwi  Gor^amis.      (Hjgin.  J>.  ^.  iii  11). 

12.  Tea  CsAiuoxsKm,  'Mwioxot  (Ant  156), 
AonodkOT  (ManiL  i.  369>,  Jiwripa  (Cic  Gcnnan. 
VittsT.y,  jiar^otor  (Avion.),  was,  according  to 
•w  kgokd  (Gcrmaau),  JBrietkomint, 

Qoem  inanm  canni  ▼olitantem  Japiter  alto 
Qiadx^a^  eoDspexit  eqnia.  Manil.  i.  870. 

AecflKdn^  to  another  (Ocrman.  ibitL)  Myrtiliis  the 
Lhjiam.u:  of  Oenomans,  who  betrayed  his  master 
to  Pehifa.  (HygiD.  fVift.  84.) 

The  brif^tteat  star  in  thia  conatellation  (a)  was 
tOBMd  A](   (Aiat.    157>    by     the   Greeks,  who 
picfcned  a  goat  aapportednpon  the  upper  part  of  tbe 
left  «B  of  the  figure,  and  by  the  Romans  Capella 
(Ovid.  MaaiL  Plin.)  or  Ctgm  (Cic  VitruT.  Hor. 
GcsBi^  OtlameL).    The  epithet  'XXXcyny  in  Aratas 
064X  •iT«"*™g  to  the  explanation  of  bis  Scholiast, 
-waa  nffBed  b^rftm^^  the  o^  rested  M  r^s  AA^i^r 
TOT  'Bj^xsa,  and  hence   Oleme^  OUmimm  poest, 
CHmmam  asAvas.     Its  helisical    rising  took  place 
asan  befae  the  winter  aolstice,  and  thns  it  was 
tamed   isj^Bw  pbgeitdey   'while    the  legends  de- 
dazed  that  this  was  the  very  goat  AmalUieis  who 
isned  Jnpher  npon   Moont  Ida.     Both  of  these 
poBta  aie  toadied  upon  in  the  couplet  of  Orid : 
Xasdtor  Oleniae  signnm  ploTiale  Capellae, 
Hb  dati  codum  praemia  lactis  habet. 

Tletwo  stars  iC*  ^^  phwed  by  Aiatns  (166) 
Md  n«?i  III!  on  the  wrist  of  Annga  were 

Thb  Kim,  l^a^o*  (Arat.  158),  Hoedi  (Cic. 
VkmT.  JfaaiL  L  372%  •»<*  are  said  to  hare  been 
£nt  named  by  Cleoatratna  of  Taiedos  about  b.  c. 
50f  (Hygin.  />.  A.  ii-  13)-  Jhcy,  as  weB  as 
CMa.'wrspoken  of  aa  heralds  of  the  storm. 
SS^i372rVi«g.  Ge^^  i-  205,^^«.  \«63  ; 
^Omm.^  I.  2a)  The  star  which  marks  tbe 
^^«To^t!^^  the  Bull  waj  ««rfing  to 
Vitr.vius(ix.  3);  caned^«r^^««.»>«e  he 
was ssaposed  to  hold  it  m  »»»  ^^j.  „.  .., 

(Ck.  JMsoiLt.  3S4X  ^"V"**^  (Cotamd.  a.  2. 
iMV^^«tor««s  7sclMrf.  OennsB.),  was  com- 
'    b  •^^nZTw  «v»tliical  writers  and  poeto  as 


the  fignre,  was  tenncd  t^i  (Aral  89X  AngmM 
(Cic  Gennan.),  or  Serfitiu  ((He  VitruT.), 

Serpestaa  Graiis  (^)A««eftss  nomine  dictos 
DiTidit,  &c  Manil.  l  838. 

and  is  reckoned  as  a  separate  constdlation. 

15.  Thb  Arrow,  *Oi<rr^t  (Ant  SI IX  'Ufyv 
(Eratosth.),  SagUta  (German.  Vitmr.),  Obm 
•o^iSMa,  F^dgmu  wagiHa  (Cic),  is  distinct  from  the 
arrow  fitted  to  the  bow  of  Sagittarius,  the  archer, 
in  the  sodiac  Henoe  Aratas,  after  describing  the 
latter,  adds 

^XffTi  94  ru  wovr4pm  fi€€kii/Ums  lAXor  torr^t 
AvT^ff  Krcp  ro^ovL 

(Compi  (Sc  825 ;  Gennan.  688 ;  HaniL  i  349.) 

16.  Thb  Eaglb,  *Atr^f  (Airr^r,  Arat  315), 
Aqmia  (Cic  Vitmv.),  or,  in  poetical  divnmlocn- 
tion,  Jotfit  armiger  (Gennan.  Arien-X  Jocia  aln 
(German.  ManiL  I  350),  Armiger  nmeu  tmgmbiu 
oIm  (German.X  Praepes  adwmea  Jons  (Or.  J-att. 
tL  196).  Tbe  principd  star  is  named  spedally 
krrSs  hj  Ptdemy ;  but  from  tbe  drcomstance  of 
his  plaang  it  among  those  of  tbe  second  magnitude, 
it  has  beok  oonjeetored  that  it  was  lea  bright  in 
his  day  than  at  present 

Antinous.  Ptolemy,  when  noticing  the  stars 
aromd  the  Eagle  not  property  induded  within  the 
limits  of  the  constellation,  remarks,  4^  iv  h 
*Arrlpoos^  which  oorrobonUes  the  statement  of 
Dion  Otfsins,  that  Hadrian  assigned  a  star  to  bis 
fiftToaritc  Antinous,  as  a  separate  constellation, 
was  iint  introduced  by  Tycho  Bnbc 

17.  Thb  Dolphin,  AtX^s  (Ant  313X  i. 
AcA^,  J)efy)kmMM  (Cic  Gennan.  Vitnir.  ManiL 
L  353X  Deiphim  (German.)  was  regarded  by 
mythologists  as  the  dolphin  which  bore  Arion. 

18.  Thb  Littlb  Hor6B,*Iswov  rporoft^,  lite- 
nlly,  the /on  quarUrw  tfa  kormy  was  unknown  to 
Antns  and  Entosthenes ;  bot  appears  firom  the 
words  of  Geminus  to  bare  been  introduced  by 
Hipparehus.  It  is  not  noticed  by  VitruTius  nor 
by  Manilius^ 

19.  PBOASUfS  'IvTor  (Ant  205),  EquMs  ((}ic 
VitniY.  ManiL  i  355),  iSMi^pet,  Sompn  aie$ 
(German.).  Tbe  legends  having  dedared  that  this 
was  the  steed  of  Bellerophon,  the  name  Pegasus 
((German.  505)  was  empbyed  as  early  as  Entos- 
thenes to  distinguisb  the  constellatioiis,  but  Antos 
speaks  of  it  simply  as  (he  horm.  (Ot.  Fatt.  iii 
450.)  Tbe  figun  was  supposed  to  represent  the 
foro  qoartenonly. 

20.  Andrombda,  'Ai^^m^  (Ant  197X 
Awdromuda  s.  Awdromeda  (Cic  German.  Vitrar. 
ManiL  L  857,  363).  Andromeda  was  the  daugh- 
ter of  Cepheus  and  Cassiopeia,  and  hence  the  con- 
stellation is  termed  Cepkeit  by  Manilius  and 
(}ermanicns  (L  443),  while  in  consequence  of  her 
deliverance  from  the  sea  monster  by  Perseus  we 
find  Psrasa  in  tbe  scholiast  on  Germanicus. 

21.  Thb  Trianolb,  AcXrwrtfr  (Ant  235; 
CicX  Ddtohm.  (Gennan.  ManiL  L  360X  the  rpf. 
ytnwf  of  Ptolemy,  and  hence  Vitmy.  ix.  3,  **  In- 
snper  Arietis  signum  iacientes  stellae  sunt  trigomum 
paribus  lateribus.** 

Signs  ofihe  Zodiac. 

1.  Thb  Ram,  Kpt6s  (Ant  225X  Aries  (Cic 
Gennan.  Vitruy.   ManiL   i  263X  Lawiger  (Ger- 
man. 699  ;  ManiL  iL  546).    This  was  the  very 
gdden-fleeced  nm  wbicb  bore  away  Pbryxos  and 
J.  3 


150 


ASTRONOMIA. 


Hdle  from  the  wrath  of  loo,  and  benoe  the  de- 
fignations  in  Ond  of  Pkryna  Om,  Pmm  Aiku^- 
manHdoi  IleUes. 

2.  Tm  Bull,  Tavpos  (Aiat  167%  Taunu 
(Cic  German.  VitniT.  Manil.  L  264),  Bot  (Gor- 
man. 181X  was  by  some  mjthologers  regarded  as 
the  boll  into  which  Jupiter  tnuisformed  himself  to 
gain  Europa ;  according  to  others  as  the  cow  into 
which  lo  was  metamorphosed ;  in  either  case  an 
object  of  jealousj  to  Juno,  as  indicated  by  Orid 
(Fast,  ir.  7.  7).  In  another  passage  (tL  712),  in 
reference  to  the  former  idea,  he  speaks  of  him  as 
A^etioreut,  while  Martial  (x.  51)  applies  the  epi- 
thet TyrMt. 

This  constellation  is  chiefly  remarkable  from 
inclading  within  its  limits  two  small  but  closely 
packed  dusters  of  stars,  which  attracted  attention 
at  a  very  early  period,  and  are  distinguished  by 
Homer  (/Z.  xviiL  486)  and  Hesiod  (Esy.  615)  as 
the  Hyadbs  and  Plbuldbs,  names  which  they 
still  retain  unchanged. 

The  HYADI8,  'raScs  (Aiat.  173),  Hytdes 
(German.  &c.),  situated  in  the  forehead  of  the 
figure  {M  Tearrl  fur^hr^^  Arat ;  M  reD^  /9o»- 
Kpdmvj  Oemin.),  deriyed  their  name  &ir^  rov  fitiy, 
because  the  period  of  their  setting  in  the  morning 
twilight  (the  end  of  Noyember)  marked  the  most 
wet  and  stormy  period  of  the  year.  By  the  Ita- 
lian peasants  they  were  denominated  the  nioM&ie, 
L  e.  the  little  swine,  and  hence  it  has  beoi  ima- 
gined, but  probably  erroneously,  that  TdJ^s  is  ety- 
mologically  connected  with  *Ts  (Plin.  H,  AT.  xyiiL 
26  ;  Gell.  xiiL  9).  They  set  in  the  evening 
twilight  at  Rome,  towards  the  dose  of  the  re- 
public, about  the  20th  of  April,  and  hence  were 
known  as  the  $idu$  PariUeium,  (or  Paiilieiwm\  the 
Parilia  (or  PaUUa\  the  festival  which  marked  the 
birth-day  of  the  dty,  being  kept  upon  the  2l8t. 
Ancient  astronomers  were  not  agreed  as  to  the 
number  of  stars  included  in  the  Hyades  (see 
SchoL  ad  Arat,),  Thales  reckoned  two  only  (via. 
a  and  e),  the  two  eyes  of  the  bull ;  Euripides 
three  ;  Achaeus  four  ;  Hesiod  five  ;  Pherecydes 
seven.  The  latter  made  njrmphs  of  them,  and  the 
names  have  been  preserved  by  Hyginns.  One  of 
these,  Tkyem^  is  put  by  Ovid  {Fa$L  vi  711)  for 
the  whole  group,  which  elsewhere  (v.  734)  he 
terms  the  Sidnt  HyuUu^  in  allusion  to  a  legend 
which  he  bad  previously  (v.  169)  recounted. 

Still  more  important  were  the  Plbladks, 
nXctoScs,  UXiiUUs  (Hom.  L  e,  Aiat  255  regards 
them  as  a  distinct  constellation),  Pisiadet  (Ger- 
man. &c  &c.),  a  word  for  which  various  etjrmo- 
logies  have  been  proposed,  the  most  reasonable 
being  the  verb  wXciV,  their  heliacal  rising  and 
setting  in  the  first  half  of  May  and  the  beginning 
of  November  having  been  the  signal  in  the  early 
ages  of  Greece  for  the  mariner  to  commence  and  to 
discontinue  his  voj'ages.  The  fonn  wcXcloScs,  i  e. 
the  flock  of  pigeoits,  ]«obably  originated  in  a  cor- 
ruption. The  Italian  name  was  VergiUas  (Cic), 
Stdus  Vergiliarvm  (Vitruv.  iz.  2),  derived  mani- 
festly from  their  heliacal  rising  in  spring.  Aratus 
notices  the  circumstance  that  they  are  commonly 
spoken  of  as  the  sewn  starsi  although  six  only  are 
visible,  and  thus  Ovid  also 

**  (^e  septem  did  sex  tamen  esse  solent^ 

The  foct  is  that  the  duster  consists  of  six  stars, 
which  can  be  distinctly  seen  by  the  naked  eye, 
and  of  seyeral  Yeiy  small  ones,  which  are  tele* 


ASTRONOMIA. 

soopic.  Under  very  fovooiable  drcomatanoBa,  bow- 
ever,  one  of  these  may  have  oocasionallj  been 
discerned,  as  Hipparchoa  states,  or,  poaaibly,  as 
we  know  to  have  been  the  eaae  with  other  fixed 
stars,  one  of  them  may  have  lost  a  portion  of  the 
lustre  which  it  at  one  poiod  poasflssed,  and  bave 
become  neariy  or  totally  invisible.  Be  thia  aa  it 
may,  the  disappeatanee  of  the  seventh  Pleiad  gave 
rise  to  a  multitude  of  legends.  By  Hcoiod  th^ 
are  styled  'ArXoycrtZ^  CUUraa  if  Atiam^  fmm 
whom  the  Roman  poets  adopted  the  expreaaion. 
Atlamiidet^  the  name  of  the  damseb  (AraU  262) 
being  Alcjfoms^  Menps^  Cdnena,  Eleatra^  Stenpe 
(or  Atkrops^  Gennan.),  ToMtU  and  MoAbu  Of 
these  six  wedded  divinities,  the  seventh  a  mortal 
man,  and  thus  her  brilliancy  became  dimmed  by 
the  influence  of  the  debasing  alliance.  One  or 
oth»  of  the  above  namea  is  frequentiy  employed 
to  denote  the  whole,  as  Taggtta  (Viig.  Qm^^  ir. 
232 ;  Ov.  Met.  iii.  594),  Maia  (Viig.  G^os^  i. 
225),  SUnps  (Oy.  TVid,  x.  14),  and  in  like 
manner  FlXciis  or  Pleitu  ia  oftoi  uaed  in  the 
singular. 

3.  Thb  Twins,  AOu/mm  (Aral  147),  C^^mtim 
(Cic.  German.  Vitruv.  ManiL  L  265).  The  two 
brightest  stars,  being  supposed  to  repreaent  Castor 
and  Pollux. 

4.  Thb  Crab,  Kopjclms  (Aiat.  147),  Gmeer 
(Cic  Vitruv.  Gennan.  ManiL  L  265),  called 
LemaeuM  by  Columella  (x.  313),  because,  aooosrdii^ 
to  the  legend,  it  crawled  out  of  the  Lenoaeaa 
swamp  to  attack  Hercules  while  he  vraa  doing 
battie  with  the  Hydra.  The  epithet  /iWorwas  in 
Ovid  {Mst,  X.  127)  and  Manilioa  (iii.  3ie>  pro- 
bably  refers  merely  to  the  ordinary  habita  of  the 
animal,  and  not,  aa  Ideler  supposes^  to  the  aame 
contest 

Two  small  stars  in  this  oonstelUrtion  (7,  S>  were 
called  "Oroi,  Asini  s.  AseUi^  the  Donkeya,  one  beiog 
distinguiahed  aa  the  northern  (^ptiot),  the  other 
aa  the  southern  (i^ios),  and  a  nebular  bri|fbt> 
neas  between  them,  4dri^,  PraesBps,  the  Stall  or 
Manger.  (Aiat  894,  &c ;  Plm.  U.  AT.  xviiL  35  ; 
Ptolem.)  These  seem  to  form  what  Maniliaa  calla 
Jwgulae  (v.  174,  and  note  of  Scalig.),  although 
Jugula  is  a  name  sometimes  applied  to  Orion. 

5.  Thb  Lion,  A^ar  (Arat  149),  Lao  (Cic. 
German.  Vitruv.  ManiL  i.  266),  regarded  au  the 
Nemean  lion  slain  by  Hercules,  and  hence  con- 
stantly termed  simply  Nemamu  (e.  g.  Manil.  iii. 
409).  The  bright  star  now  known  as  iS^ralKa,  a 
name  introduced  by  Copenicoa,  waa  andeatly ,  aa  we 
leain  from  the  acholiaat  on  Amtua,  called  /Boo-tA^- 
Kof ,  and  marked  the  heart  of  the  animal  {iwl  t^s 
Kt^las),  InPlinyitisA^(^.Ar.xviii.26,28), 
in  the  schoUaat  on  Geimanicns,  T^/benme,  which  is 
either  a  ooiTuptioB,  or  arose  from  his  *"«*^kiny  the 
meaning  of  the  word  in  Pliny,  who  saya,  **  Stella 
Reffia  iq>peUata  Tuberoni  in  pectore  Leonia,**  t.  e. 
The  star  on  the  Lion's  heart  called  Hmiu  b^ 
Tubcro.  ^^      ^ 

6.  Thb  Virgin,  Uapeins  (Aiat  9€,  Ac), 
Vuyo  (Cic  German.  Vitiuv.  ManiL  i.  265),  JSri^ 

gom  (ManiL  ii.  552,  et  pass.),  was  mythically  t«. 
garded  as  Auc^,  JitttiHa^  ctAttraea^  or  aa.fir^owe, 
or  as  Csres^  or  aa  /sis,  or  as  /brtaao,  the  laat 
name  being  given  to  her,  accordhw  to  the  aeholiaat 
on  Germanicoa, "  because  she  is  a  neadlesa  oooatel- 
lation.** 

Thebrighteat  star  in  the  consteUation  ia  called 
by  AnUua  ardxvr.    Spin    (German.    VitruT.X 


ASTRONOMIiL 

(Cie.X  Tbb  Corn  Bab,  and  tU«  the 
%aR  is  wappomi.  to  giup  m  ber  left  hand. 

Tbe  atar  wlueh  Bariu  tbe  right  wing  («)  was 
TpoT^mytp^f  (Amt.  138)  k  wpurpf/ynrks  i.  rpn- 
I  'I '  ktK  tnunbted  fi  im'ifa  w  iVifpr  FSmieMMlor  ■» 
I'ndiMnibr,  and  it  now  known  u  VukUmiairiMy 
Timnw  which  it  leieiwed  in  oonaeqnenoe  of  rising 
•hMtlybefcn  the  period  ofthe  Tinti^  (Ant  138 
joid  adUL  ;  OdnndL  xi  2.  §  24  ;  Ot.  FmL  iu, 
407;  Pfin.  ff.N.  xriiL  28,  31  ;  VitniT.  ix.  3, 
mjM  thmi  the  Greek  nane  was  wparfbywr^s^  and 
the  BoMm,  Px%\wimlimi^  M<^,) 

7.  Thb  BAI.A1ICB  was  fay  the  earlier  Greek  ae- 
tniianers  inTariahly  denominated  XifAoi  (Ant 
9S\  Odm  {Gc  Oerman.  ManiL  iL  544,  et  paaa-X 
Tbb  Claws,  •.  sl  of  the  ScacpioB,  which  standi 
next  m  the  Zediwcs,  Oenunaa,  whofloarished,it  is 
heiiswd,  aboat  B.  c  80,  is,  as  fives  we  know,  the 
ficat  Gieek  writer  who  distiagaishes  the  seventh 
^a  aa  Zinr^  which  ia  osed  bj  Ptolemy  indtf- 
fcsotlr  with  Xsi^aL  The  tem  LAm,  for  which 
Geam  m  eoe  pnwsage  emploja  •/iyaai,  was  first 
hiBallj  adapted  by  the  Romans  in  the  Calendar 
rfJaliasCaieiif,  to  whom  it  was  tery  probably 
saggestedby  Seaigcaes.  The  figore,  it  woold  seem, 
aas  dmived  froaa  the  East,  and  mnst  be  regarded 
ssasfBihol  of  c^aali^hftrodnced  into  the  heaTens 
at  the  period  when  the  entrance  of  the  san  into 
tkat  r— TftrntT^tn  marked  the  Antanmal  Equinox. 
The  T^^**^*^  ItftiB  writeiB,  such  as  VitniTiua, 
GolameOa,  and  Pliay,  nntformly  distinguish  this 
Bga  by  the  name  Libn  alone ;  the  poets  nse 
either  gihii  or  Cirine,  as  may  soit  their  purpose; 
Maailins  cambiaes  both  into  one  phnse  (Jupa 
CUmrwm^  i  909),  while  the  ingenbos  eoaceit  bj 
vhidi  Viigil  represents  the  Scorpion  as  dnwing 
ia  Us  daws  ia  order  to  amke  room  for  Aogostos, 
ii  kaswn  to  every  reader  of  the  fiat  Geoigie. 
(Oaa^  Or.  MtL  ii.  195.) 

Ib  the  eommeBiafy  of  Theon  on  the  Ahnagest, 
lAn  k  tegpmoAy  represented  by  Airpa  or  Afrpai, 
a  void  er^^aally  boizowed  by  the  Roamns  fran 
tke  Sieiliaaa,  tranafermed  into  Xa&ra,  and  then 
L  to  the  later  Greeks  in  the  new  sense  of  a 


ASTRONOMIA. 


151 


I.  Tax  ScoHFioN,  aicopvior  (Ant  85.  304X 
SBorfma  (Ck:  German.),  Seorpiot  (ManiL  i.  268, 
et  pMs^X  ^<oef^  (Vitrnv.).  Cicero,  in  his  tmns- 
IstMnof  Axataa,  and  Maailins,  both  make  use  also 
rf  tfce  tent  Ntpa^  a  word,  according  to  Festna,  of 
AfrieK  origin,  sometimes  employed  to  denote  a 
Searfmm  aadaoasetimeaa  Crab  (Phuit  Oml  ii.  a  7; 
Cic  d$  Fku  T.  15)  ;  and  thas  Gcera,  in  line  460 
of  bit  Antaa,  diatmetly  indicates  the  fiNOth  sign  by 
t^  vard  NepOf  whidi  ebewhere  is  pnt  fer  the 
Sooviea.  Aratns  names  this  consteDation  ii4ya 
^V^  Old  r^oa  ^(^  (84,402),  bearase,accQidhv 
tDtiieGredBBaixangcBaeBt,asex|^amed  in  the  last 
pangiaph,  it  occupied,  together  with  its  daws,  the 
^ace  of  two  dgnsu    (Or.  MeL  ii.  195.) 

'AjTd^j,  now  Aataies,  the  name  giTen  to  the 
Ugfatest  siKV  i*  fii>^  ^<Mn>d  i>>  ^  ^"^^^'^  ^  P^lc>By, 
and  probaUy  reien  to  its  colour  and  brilliaacy,  rt- 
•i&^«krf  ^(the  phmet)  JfariL 

9.  Thb  AbcbxiLi  ro^€vrksy  reC«vr4^  and 
mftj  Wev(Amt  306,  400, 664, 665),  Stigittanw 
(TitnT.),  aydiyetoM  (CicX  Sa^Uii^  (German.), 
Ardkmm{Gc.\  sad  simply  Arcm  (Cic.  German. X 
IVs  bowman  was  aappooed  to  be  in  the  shape  of 
a  emiHt  {MiatmB  eqma,  MamL  i.  270),  hence  is 
(wiqiiiKij  tamed  CmiamrMtf  and  Mmetimes  indi- 


ndualiaed  into  CUrom  {HaemomU  areas,  Ot.  Mm. 
it  81),  thus  givnig  rise  to  a  confusion  between  this 
sign  and  the  Centaur  among  the  southen  constel* 
fauions.  (CVanp.  ColumdI.  x.  56 ;  Hygia.  P.  A, 
iL  27.) 

10.  Thb  (}oat  (t.c  the  ChamoisX  Aiydacpwt 
(Ant  284X  AegoeeroB  (German.),  Caprioormm 
(Cic.  German.  YitruT.  BfaaiL  L  271),  O^ter 
(ManiL  iL  659),  ealled  also  Tliw  by  Emtosthenee. 
Hygtnasythe  sdioliast  on  Germanicus,  and  IsidornSi 
inform  us  that  some  of  the  ancients  represented 
this  creature  with  the  tail  of  a  fish,  and  in  this 
form  it  is  actoally  figured  oo  sereial  coins  of  Au- 
gustus, who  was  bora  under  the  sign.  No  notice 
of  such  a  pecuUaiity  in  shape  is  taken  by  Antas, 
Entosthenes,  or  Ptolemy. 

ll.Tna  Watxhmaii,  'T3pex^f  (Ant  283), 
Hfdr9ckoo9  (German.),  ^TMorww  (Cic  Vitray. 
German.  ManiL  L  472),  il^si^nMaf  (German.  560), 
Fwmiema  kUieef  (German.  388),  A^qmonm  jimmit 
(ManiL  iL  558),  Jmtmitgenmt  tiqmmm  (Ot.  fy§L 
L  652),  and  simply  Jwomu  (Manil.  ir.  709),  was 
regarded  by  those  who  connected  the  figure  with 
mythical  legenda  sometimes  as  DtmenUom  (German. 
568),  sometimes  as  Gomymtdn.  (ManiL  ▼.  487  ; 
connp.  ScboL  ad  AraL  283.) 

The  fbnr  stan  (7,  £^  99  ')  «b  the  rigth  hand 
were,  according  to  Geminus,  named  icdXris,  which 
is  equinlent  to  the  lAtin  Sitiila^  an  Urn. 

The  Watib  Strxam,  *lr3c»p  (Arat),  x^» 
iKSoTor,  Aqua  (Cic),  ^^i<f^  Aquae  (SchoL  Germ. 
119),  which  ends  with  the  bright  star,  now  known 
by  the  Anbic  name  Fomakmd  or  Fomaiktml,  in 
the  mouth  of  tbe  Piscis  Anstnlis  (see  ManiL  L 
446,  and  compi  Vitrur.  ix.  4,  9aas  tero  a6  Aqmtrio 
fwndi  memonhtr  Aqua  prq/hut  mUr  PiteU  Auttrim 
08f>ut  et  eaudam  Orfk*)*  i*  regarded  as  a  smnto 
conatellation  under  the  name  of  'TSap  by  Antna 
(389—399),  and  also  by  Geminus,  who  distin- 
gnishes  it  as  the  'TiMp  rh  kwh  rov  TZpoxioy^  **'  the 
Water  flowing  from  the  Waterman,**  in  order  that 
it  may  not  be  confounded  wiUi  the  constellatioa 
Eridanus,  the  Ilora^f  4  iarh  rev  'Opfsfros,  **  the 
Rivet  flowing  from  Orion.** 

12.  Thb  FiaaBa»  *lx9^t  (Ant  240)  or  in 
the  dual  *Ix^,  Pteeee  (Cic  VitniT.),  Gemimi 
Pieeety  Imbr^eri  duo  Pieeee  (German.).  One  of 
these  was  entitled  the  Northem  (AquUomuuPieeiey 
VitzuT.  ix.  ^),  the  other  tbe  Southern  Fish  (SchoL 
ad  Arat.  240  ;  Ot.  FaeL  iii.  401 ;  SchoL  (German. 
Hygin.  P.  A.  iiL  29)  ;  but  in  order  to  prevent  the 
embamssment  which  might  arise  from  identifying 
the  latter  with  the  "Ix^s  piriot^  or  Pieeie  Aue- 
tralie^  a  constdktion  of  the  southern  hemisphere, 
Ptolemy  names  the  northern  of  the  two  hr^iuros, 
and  the  other  ityeviiivet^  a  precaution  by  no  means 
unnecessary  sinee  Manilias  actually  confounds  (L 
272)  the  fishes  of  the  Zodiac  with  the  Piscis 
Anstralis.  Tbe  Scholiast  on  Antus  remarks  that 
the  Northem  Fish  was  represented  with  a  swal- 
low*s  head,  and  on  that  account  styled  x*^^^^ 
(L  e.  ibraatfiataaf)  by  the  Cbaldaieans,  a  circum- 
stance for  which  Sanger  accounts  by  supposing 
that  the  name  was  ^ven  ia  consequence  of  the 
entrance  of  the  sun  mto  this  constellation,  when 
the  swallow  appeared  in  Greece  as  the  henld  of 
Spring. 

The  legends  connected  with  this  constellation 
(Entosth.  58  ;  Hygin.  P.  ^.  iL  30.  41)  bear  re- 
ference to  a  Syrian  diTinity,  termed  by  the  Greeks 
sometimes  ylfofyolM)  a  Semitic  word  signifying  The 
L  4 


152 


ASTRONOMIA. 


Cfreat  Fisk\  sometimes  Deroeto^  sometimes  Deroe, 
This  power  they  confounded  with  another  Syrian 
goddess  AstarU^  whom  again  they  identified  with 
their  own  Aphrodite.  The  story  ran  that  when 
€eeing  in  tezror  from  the  violence  of  Typhon,  she 
plunged  into  the  Euphrates,  and  was  transformed 
into  a  fish.  (Manil  ii.  33^  iv.  580.)  Avienus 
terms  these  fishes  Bombyai^  for  which  Grotius  has 
rightly  proposed  to  substitute  Bcanbyeii^  for  Atar- 
gatis  was  specially  worshipped  at  Bantbjfoe  or 
HierapoUa  in  Cyrrhestica.  (Strab.  zti.  p.  517; 
Plin.  //.  N,  T.  23  ;  Selden,  de  DnaSyriis^  il  3.) 

The  bright  star  (a)  which  is  supposed  to  form 
the  knot  of  the  two  bands  which  connects  the 
fishes  by  their  tails^  is  by  Aratus  (245)  named 
^M€<rftos  irovpcuos^  by  his  scholiast  9€<rfihs  o6- 
palos^  by  Geminus  and  Germanicos  simply  ^Mitc- 
fioSf  terms  variously  translated  Nodus  (Cic), 
Nodus  PUotum  (Vitruv.X  Nodus  eoelesHs  (Avion.), 
Oonunissura  pisoium  (Plin.  zviii.  31).  The  bands 
themselves  are  called  in  one  passage  of  Aratua 
(362)  A^fffwl  ohfKuoi^  more  commonly  Alyoi  or 
Altm^  the  Vinda  of  Cicero  and  Germanicus,  the 
AUiffomeiUum  Unteum  of  the  scholiast  on  the  latter. 

From  Vitruvius  (ix.  4)  it  appears  that  the 
sprinklinff  of  indistinct  stars  between  the  Fishes 
and  the  Whale,  was  called  by  the  Greeks  'Ep/tiiy- 
3^n},  a  word  explained  by  Hesychius  to  mean  rw 
ifjufipw  iurripmy  x^^^» 

Southern  Stgns. 

1.  Thb  Whalb,  Ktrrof  (Aral  353),  'Op^s 
(Jul.  Firm.  Astron.  viii.  17),  Oeius  (Vitruv.  ix.  4  ; 
Manil.  i.  440),  Pristis  (German.  644  ;  ManiL  i. 
363),  Nereia  Pistris  (German.  714),  Neptwna 
Pistrix  (Cic,  comp.  German.  709).  The  last  three 
designations  are  difierent  forma  of  the  Greek 
np^<ms,  which  Suidas  interprets  to  signify  eI8oi 
KTiTovs  ia\a<r(riov.  This  was  the  sea-monster,  ac- 
cording to  Aratus,  sent  to  devour  Andromeda. 

2.  Orion,  'CifUmv  (Arat  322),  'ClapUfv  (Find. 
OUlim.),  Orum  (Cic.  German.  Vitruv.  Manil.  I 
399),  Oarion  (Catull.  Ixv.  sub  fin.),  Proles  Hyrua 
(Ov.  Fast,  vl  719,  comp.  v.  495).  Arf^  in  Julius 
Firmicus  (viiL  9),  is  probably  a  corrupt  form  of 
Oarion. 

This  is  one  of  the  oldest  constellations,  being 
noticed  in  Homer  (xviil  486)  and  Hesiod  {Efy. 
598,  615,  619),  both  of  whom  employ  the  expres- 
sion ffBivos  ^Clpiwvos.  The  figure  was  supposed  to 
represent  an  armed  warrior  (((^cos  l^i  irrwoiB^Sy 
Arat),  graspinff  a  shield  in  his  left  hand  and  a 
club  in  his  right  {manu  laeca  tenem  oftjpettm,  da- 
nan  altera,  Vitruv.  ix.  4),  with  a  glitteniig  belt, 
from  which  a  sword  depended  {Balteus  Orioms^ 
Vagina,  German. ;  Ensis,  Cic)'  The  origin  of  the 
name  is  quite  unknown,  the  ordinary  derivation 
from  oZpov,  to  which  a  mythical  legend  was 
adapted,  being  altogether  unworthy  of  attention. 
The  morning  set^ng  of  this  remarkable  cluster, 
about  the  b^tnning  of  November,  pointed  out  in 
ancient  times  to  the  husbandman  and  the  mariner 
the  approach  of  the  most  stormy  period  of  the  year. 
(Hor.  Carm.  I  28.  21,  Epod,  xv.  7,  Carm,  iii. 
27.  18,  Epod.  X.  9  ;  Virg.  Aen,  I  535,  iv.  52.) 

An  anonjrmous  Greek  writer  quoted  by  Scaliger 
decUres  that  the  popular  name  for  Orion  was 
*AAerpoir^foi',  which  Seems  a  corruption  of  *AAcic- 
rpoir^Sior,  i  e.  Codks-focAs  and  Ideler  thinks  that 
we  can,  without  any  great  stretch  of  fancy,  trace  a 
resemblance  to  a  fowl  strutting  along. 


ASTRONOMIA. 

Among  the  Romans  Jugula  or  Jmgulae  aeems  to 
have  been  the  indigenous  appellation  ;  the  former 
is  noticed  by  Varro  and  Festus,  the  latter  occurs 
in  Plautus  {Amph.  I  1.  119)  — 

**  Nee  Jngulae,  neque  Vespemgo,  neque  Yergiliae 
occidunt  i" 

but  no  satisfiictory  explanation  has  been  proposed. 
The  two  bright  stars  (a,  y)  under  ^e  head  were 
called  Humeri.     (Var.  L.L.y\.  3.) 

3.  Thb  Erioanus,  lUnuiUs  (Ant.  358),  Am- 
nis  (Cic  German.).  Aratus  remarks  that  it  was 
considered  as  a  remnant  of  the  Eridanna, 

litl^aifov  'HpiXhi^oui  iroKvKXabarov  vorofuudf 

that  mythical  non-existent  (rhy  fiifioftau  y^s  Crro, 
Strab.)  stream  which  proved  a  fruitful  aoarce  of 
speculation  in  ancient  as  it  has  done  in  modem 
times.  The  Romans  identified  the  Eridaaos  with 
the  Po ;  and  hence  while  Cicero  employs  the  former, 
Germanicus  uses  Eridanus  and  Padns  indiffieiently. 
(Comp.  Vitruv.  ix.  4.)  From  Eratosthenes,  the 
Scholiast  on  Germanicus  and  Hyginiu  (^.  A.  il 
32),  we  leani  that  this  oonstellation  was  by  others 
called  the  Nile,  that  being  the  only  earthly  river 
which  flowed  firom  the  aonth  towards  the  north,  as 
this  stream  of  stars  appears  to  do  when  rising  above 
the  horiz<Mi. 

4.  Thb  Harb,  Aoeyw6s  (Ant  338),  Aay^ 
Lepus  (Vitruv.  ix.  4),  Lempes  Lqfus  ((}ic),  Amriius 
Ltpus  (German.),  Veloaf  Lepus  (Manil.). 

5.  Thb  Gbbat  Dog,  KA»k,  Sc^of  (Arat.  326), 
Onm  (Cic),  OwmfiS^rnw  (German.).  Antiu<342) 
employs  the  phrase  ^ut^UaioKiWs,  but  the  epithet 
must  be  here  nnderBtaod  to  refer  to  the  magnitude 
of  the  principal  star  and  not  to  the  ctmsteUation 
Proeymy  which  the  Greeks  never  call  the  LUlle  or 
Lesser  Doff, 

The  most  important  star  in  the  Great  Dog,  per- 
haps the  brightest  in  the  heavens,  was  frequently 
specially  named  KAwv,  sometimes  emphatically 
rd  (iirrpoy,  and  by  the  Romans  Cams  or  Oamseula^ 
but  is  more  frequently  designated  by  the  appellation 
Scipios,  iSiruM,  which  occurs  four  times  in  Hesiod 
{Ery,  417,  587,  619,  Scut.  397),  although,  in  the 
first  of  these  passages,  the  sun,  and  not  a  fixed 
star,  is  probably  indicated.  Indeed  the  word  seems 
to  be  properly  an  adjective,  agtdfying  gUtteris^  or 
bright;  and  Eratosthenes  remarks  (c.  33),  that 
astronomers  were  in  the  habit  of  denominating  other 
stars  %€tplovs  itk  r ^  r^f  ^Aoyk»  ubr^tw.  Homer 
twice  {IL  V.  5,  xxii.  25)  alludes  to  this  star  with- 
out naming  it,  in  one  passage  with  the  epithet 
hfKsipiv6s,  which  will  be  discussed  hereafter. 
■  About  four  hundred  years  befoie  our  era,  the 
heliacal  rising  of  Sirius  at  Athens,  corresponding 
with  the  entrance  of  the  sun  into  the  sign  Leo, 
marked  the  hottest  season  of  the  year,  and  this 
observation  being  taken  on  trust  by  the  Romans 
of  a  later  epoch  without  considering  whether  it 
suited  their  age  and  country,  the  Dies  Cameuiares 
became  proverbial  among  them,  as  the  Dog  Iksys 
are  among  ourselves,  and  the  poets  constantly  refer 
to  the  Lion  and  the  Dog  in  connection  with  the 
heats  of  midsummer. 

6.  Thb  Littlb  Doo,  Upwtissy  (Arat  450), 
Procgon  (German.),  or,  literally  translated,  ^is<e- 
eanem  (Cic.),  Antsoams  (schoL  German.),  so  called 
because  in  Greece  the  oonstellation  in  question 
rises  heliacally  before  the  (Great)  Dog.  The  names 
Anteeams  and  Anteoanem^  however,  do  not  appeau* 


ASTRONOMIA^ 

Is  iare  been  getunHj  adopted,  for  Plinj  {ff.  iST. 
xrm  38),  wken  ifMBkiE^  of  Ptocyoo,  remarki, 
**qiiad  ^dos  apnd  Romiinoe  doo  hafaet  nomen. 
Bin  Omicaiam  faane  velimiisinteliigi,  hoc  ett,  mino- 
na  cmem  nt  in  astris  pingitiir,**  words  which  do 
Bst  Deeeanriljr  bnpl j  that  Fncjoa  erer  was  ae- 
taaDT  tenoed  Cbmiw&i  hj  the  Roman  writen, 
ahhoagh  thk  was  certaml j  sometmies  the  case  if 
lie  can  trust  the  express  assertion  of  Hyginns, 
(Bc  Icarii)  antem  sna  adpeHsdone  et 
wiifiiftii  dixemnt,  tpaa  a  Graecis,  qnod 
aatc  naimem  canem  exoritmr,  vpoK^Hr  adpeOatar  ^ 
(P.  A.  ii.  4).  A  passage  in  Pliny  (M  N,  xriii. 
€9.  i  Z\  wxnld  at  fiist  sight  appear  to  be  dedsive: 
*  IV.  Kalendaa  Mali,  Giais  occidxt,  sidos  et  per 
ae  r^uaweoB,  et  em  prneoeekkro  Cbafenfaw  mtcetm 
At."  Bat  nnce  we  know  that  in  Northern  htti- 
tadfs  the  Great  Dog  not  only  rises  after,  bat  also 
sets  befine  the  Little  IXig,  it  is  evident  that,  nnless 
we  suppose  Pliny  to  be  inTolred  in  inextricable 
coafnion,  Qmieaia  cannot  here  signify  the  sign 
Ptixpm.  The  explanation  generslly  adopted,  sd- 
tboogh  somewhat  finwd,  is  that  a  reference  is 
■sde  to  the  practice  of  offerinff  a  dog  in  sacri- 
&8  on  the  Roblgalia.  (See  Or.  FaaL  ir.  936, 
kc  ;  GofanadL  z.  ^2,  and  the  commentatois  on 
Pliny.) 

While,  as  on  the  whole  seems  probable,  Procyon 
ns  sometimea  termed  Canicola  by  the  Romans,  so 
en  the  other  hand,  the  star  Sirios  seems  to  haTe 
bem  occaiiooally  called  npotcim^  by  the  Greeks 
becaose  he  rae  before  the  rest  of  the  constellation 
to  which  he  bdonged.  (See  Galen.  Qmnuat,  m 
HifipoeraL  Epidem^  i)  We  cannot,  howcTer, 
sttadi  this  meaning  to  the  words  of  Horace  (Conn. 
£.2$.  18)— 

jam  Phwyon  fiirit 
Bt  st^la  Tesani  LeoniB  — 

hr  the  appearance  of  Procyon  woold  to  his  conntry- 
■ea  be  m  reality  a  more  sore  indicadon  of  the 
hottert  season  than  the  rising  of  the  (Greater  Dog. 

We  haTe  already  intimated  that  the  Greeks 
ieapaJbt  the  two  oonstdlations  simply  as  K^r 
sad  n^Mc^wr,  not  as  the  Greater  and  Lesser  Dog, 
a  &i^ickion  which  prevailed  among  the  Romans, 
a*  we  peneiTe  daily  firam  Yitrurius  (ix.  4) : 
"Geminos  antem  minnscolns  Canis  seqnitur  contia 
Afigim  capat :  Major  item  seqnitor  Minorem.** 

When  BoStea  was  regarded  as  Icarins,  and 
Viiigo,  as  his  daughter  &igone,  Procyon  became 
Ifaca,  the  dog  of  Icarins.  (Hygin.  P.  ui.  ii.  4 ; 
eaap.  Or.  FaeL  iv.  940.) 

7.  Trb  Ship  Argo,  ^AfyA  (Arat  342),  Argo 
(Ck.  ManiL  i  420),  Naci»  {Cic\  Argo  Navis 
(Cic),  ^Totas  qaae  mominahtr  Argo  (Vitniy.), 
^yoajaqjpis  (Geiman.).  Ralis  /feroam  (Manil. 
T.  13).  Like  Pegasns  and  the  Boll,  it  was  sup- 
posed to  rqiresent  only  one  half  of  the  object 
lyirofios\  the  pardon  namely  of  the  yessd  be- 
kisd  tbe  mast  (i<rrbr  Six^oM'a  jcot^  ixin}»^  Arat. 
SOS.  P^pps  trakHary  German.).  The  brightest 
>tv  WIS  by  Eudoxos  and  Aratns  (351,  368)  dis- 
tiofCniahed  as  wifKtUjor  (^ubemaeulum,  Cic),  the 
n4dn,  instead  of  which  Kitm^os  {deUa  CoMopi 
fofinngkm&ae  ett  ignota^  Vitrav.  ix.  4),  aname 
vhicfa  sppeais  first  in  Eratosthenes  (c.  37X  uid 
Hippsrcbss,  became  genersl.  According  to  the 
Srbctisst  on  Germanicns,  it  was  called  also  Pidt- 
•wn,  or,  as  Martianns  CSapeUa  has  it,  PUdemaeus^ 

ta  boBoar,  erideotly,  of  some  Egyptian  monarch. 


ASTRGNOMIA.  153 

This  star,  as  the  words  of  Vitnnrins  indicate^  was 
not  risible  in  Italian  huitndes. 

Cicero,  in  addition  to  the  mdder,  distinguishes 
the  mast  (wtahm)  also,  **  ndiato  stipite  miJum.** 

a.  Th»  Water  Swak»,  tapif  (Arat.  444), 
*tV  (Eratosth.  Gcndn.  Ptolem),  ffpdm  (Ck, 
Germ.  Hygin.  Arien.X  Hgdrvt  (Germ.X  Ai^aie 
(VitniT.  ix.4;  Or.  FaaL  iL243;  HaniL  i.  422. 
See  also  Senr.  ad  Vivg,  Oeon,  1 205  ;  Hyinn. 
/».^.iL40,  ia39). 

9.  Thk  Cup,  Kpdkup  (Arat  448%  Chrisr  (Qer- 
man.  VitraT.  ManiL  L  424),  Fa^ftme  CnUeru 
(Cic.),  I7nM>(SchoL  (German.). 

10.  Thb  Ravsn  or  Caow,  EX3«\or  tt6paKo$ 
(Arat  449X  Cbrswf  (Cic.  German  VitruT.), 
PkoeAo  meet  ale$  (ManiL  L  424). 

The  Cap  and  the  Raven  were  represented  as 
standing  upon  the  hack  of  the  Water  Snake,  and 
the  whole  three  are  gitmped  together  by  Grid 
(Faat.  iL  243)  m  the  couplet :  ^ 

Continuata  looo  tria  aiders,  Oonnn  et  Angmia^ 
Et  medius  Crater  inter  ntmmqae  jaoet 

1 1.  Thx  Cbntaub,  Klrronpof  (Arat  431, 436), 
'IwT((rat4p(Aiat664XXs<p«r(Eratosth.Xai».  . 
iaarm  (Cic.  VitruT.  German.),  Gemmae  Bi/bnaie 
(Gennan.),  Seaipee  ((3erman.),  DmpUei  Ceakaenu 
imagiae  (ManiL  I  425),  Odrtrn  (German.  418, 
624).  Bj  Ptolemy  he  is  represented  with  a  thyr- 
sus in  his  hand,  and  these  stars  were,  as  we  are 
told  by  (}eminus,  formed  by  Hipparchus  into  a  dis- 
tinct consteUation  under  tbe  name  9»pe'6?uoyxos, 

12.  Thb  Wolp,  9tiplw  (Arat  442),  Beatia 
(VitruT.  ir.  4X  Hoatia  (Hygin.  P.  A.  iL  38). 
This,  aocordinff  to  Arstos  (L  e.)  was  a  wild  beast 
grasped  in  the  hand  of  the  Centaur,  but  it  reeeiyed 
no  name  from  the  Greeks  or  Romans. 

13.  Thb  Altar,  ewH^piow  (Arat  403%  Am 
(Cic.  Germsn.  ManiL  i.  428),  Apta  AUaria  aaeria 
(685X  according  to  Geminus  and  Ptolemy  Ovfuo- 
T^ptor,  translated  TWruMiim  by  Germanicns  and 
VitruTius  (ix.  4).  The  scholiast  on  Germanicai 
furnishes  two  other  names,  Saerarimm  and  Pharaa, 
In  the  legend  preserved  by  Manilius  (L  428),  it 
was  the  altar  erected  by  Jore  when  heaven  was 
invaded  by  the  giants 

14.  Thb  Southbrn  Crown.  Not  named  by 
Aratns,  who  merely  remarks  (401)  that  under  the 
fere-feet  of  Sagittarius  are  some  stars  sweeping 
round  in  a  circle  (Siywrol  ir^icA^),  but  to  tnese 
Geminus  and  Ptolemy  give  the  specific  name  of 
Sr^^oror  y&rtos.  In  consequence  of  no  legend 
being  attached  to  the  group,  Germanicos  (388)  de- 
scrilws  it  as 

aiaekoaore  (hrona 
Ante  Sagittiferi  multum  pemicia  crura. 

(Comp.  Hygin.  P.  AAL  28.  Manilius  takes  no 
notice  of  it)  Geminus  has  preserved  two  other 
names,  Obpcofiffaos  snd  Kifpiwcibr ;  the  former 
Martianus  Capella  renders  by  Codahaa^  the  latter, 
used  by  Hipparchus,  denotes  a  herald^s  wand  of 
peace.  OtherB,  according  to  the  scholiast  on  Am- 
tUB,  regarded  it  as  Ixion*B  wheel  {^Uvos  rpox^\ 

15.  Thb  Southbrn  Fish,  'Ix^*  pirios 
(Arat  887),  Ptade  Notiaa  (MamL  L  445  ;  Hygin. 
P.  A.  iil  40),  Piaeia  Aaatralia  (Cic),  Piada 
Auatrinua  (Vitruv.  ix.  4  ;  ColumeU.  xL  2). 

It  appears  from  Eratosthenes  (38),  snd  the 
scholiast  on  Germanicus,  that  it  was  styled  also 
*IX^  ^^70^9  Pi^da  magaiaa. 


154 


ASTRONOMIA. 


Before  qaitting  this  part  of  our  mbject,  we 
must  add  a  few  worda  on 

Coma  Berenices;  Beremeee  Crmie.    MUous, 

1.  Thb  Hair  of  Bbkbnick,  IXX^No^f  s. 
B^tfTpvxof  Bcpoylmrs  (Callim.  Schol  odAraLl  46), 
Qmta  Beremeee  (see  CatuIL  Ixr.)  waa,  ■■  we  hsTe 
seen  aboTe,  fonned  by  Conon  out  of  certain  unap- 
propriated (Aftop^orro/)  atan  behind  the  Lion^ 
Tail,  in  honour  of  Berenice,  the  wife  of  Ptolemy 
Euergetea,  and  afifbrded  a  theme  for  a  compli- 
mentAiy  degj  by  Callimachua,  of  which  we  poe- 
aess  a  tnuLiJation  by  Catullus.  The  constellation 
being  unknown  to  Aratus,  is  not  alluded  to  by  his 
translators,  Cicero  and  Oerraanicus,  nor  is  it 
noticed  by  Manilius.  When  Pliny  {H,  A^.  iL  71) 
observes  **  Septemtrionet  non  oemit  Troglodytice, 
et  confinis  .£gyptus:  nee  Canopum  Italia,  et 
quern  vocant  Berenices  Crinem  ;  item  quem  sub 
Divo  Auji^usto  oognominaTere  Caesaris  Thxonon, 
insignes  ibi  Stellas,^  it  Lb  much  more  probable  that 
he  committed  a  positive  blunder,  than  that,  as 
some  have  supposed,  he  intended  to  indicate  under 
the  name  of  Beremeee  Crinem  some  southern  sign 
to  which  no  one  else  makes  any  allusion. 

2.  We  find  in  Ovid  {FfuL  il  793)  the  followins 
couplet  in  reference  to  the  night  of  the  17th  of 
March:  — 

Stella  Lycaoniam  rergit  declivis  ad  Arcton 
MUmu,    Hoec  ilia  nocte  videnda  venit, 

and  in  PUny  (H.  N.  xviii.  65.  §  1),  **  Caesar  et 
rdus  Martiaa  ferales  sibi  annotavit  Soorpionis  oc- 
casu :  XV.  vero  Kalendas  Aprilis  Italiae  Milvum 
ostendi :  duodecimo  Kalendas  Equum  occidere  ma- 
tutino.'^  In  the  first  of  these  passages  we  find  a 
constellation  named  Milmu  or  the  Kite  described 
as  one  of  the  northern  signs,  or  at  least  as  a  sign 
visible  in  Italy,  and  the  period  of  its  rising  fixed 
to  the  1 7th  of  March.  The  words  of  Pliny,  although 
more  ambiguous  than  those  of  Ovid,  would  lead  us 
to  suppose  that  he  was  quoting  this,  as  well  as  the 
prece(Ung  observation,  from  the  Calendar  of  Caesar ; 
but  the  abruptness  of  his  ordinary  style  is  such  as 
to  prevent  us  from  affirming  this  with  certainty. 

Now  no  Greek  and  no  other  Roman  writers 
mention  any  constellatioB  bearing  the  above  name, 
nor  can  we  adopt  the  explanation  of  Grotius,  who 
supposes  that  the  Swan  or  the  Eagle  is  indicated, 
for  the  rising  of  these  signs  is  removed  by  three 
months  from  the  period  here  fixed.  Ideler  has,  in 
all  probability,  discovered  the  solution  of  the 
enigma.  In  the  Parapegma  of  Geminus,  a  phae- 
nomenon  described  by  the  words  'licriyos  ^vfreuy 
i.e.  Milvus  apparet^  is  placed  by  Eudoxus  thirteen 
days  before  the  vernal  equinox,  and  by  Euctemon 
and  Calippus  respectively,  eight  days  and  one  day 
before  the  same  epoch,  while  Ptolemy,  in  his 
^dfftis  i,itXeafm¥^  marks  under  the  12th  of  Phame- 
noth  (i.  e.  according  to  Ideler  8th  March),  Eu8d(9^ 
X€^(S^y  «ca2  herofos  ^euyrrcu.  But  the  hertyes, 
tendered  milwu  by  the  Latins,  was,  as  we  are 
told  by  Aristotle  {H,  A,  viiL  16),  a  bird  of  pas- 
sage, and  hence  the  arrival  of  the  hcraros^  like  that 
of  the  swallow,  took  place  at  and  served  to  mark  a 
particQlar  season  of  the  year.  Ovid  and  Pliny, 
being  ignorant  of  this  fiict,  and  finding  in  the 
calendars  which  they  consulted  the  words  Afilmu 
oppamL,  took  it  fi>r  granted,  without  frirther  in- 
quiry, that  Mihme  was  the  name  of  a  constellation; 
for  when  we  consider  the  context  of  the  naturalist. 


AfiTRONOMIA. 

as  well  as  the  date,  but  one  day  later  than  thai 
fixed  by  Ovid,  we  can  scarcely  doubt  that  he,  as 
well  as  the  poet»  believed  Mihmt  to  be  a  "^  SteQa.** 

IL  Risings  and  Sittinos  op  ths  Fizsd 
Stars. 

A  nation  like  the  Greeks,  whose  dimate  per- 
mitted them  to  watch  their  flocks  by  night  during 
a  considerable  part  of  the  year,  could  not  £ul  to 
remark  that  certain  fixed  stars  a^ipeazed  and  dis- 
appeared in  regular  succession,  as  the  sun  passed 
through  the  dilferent  stages  of  his  annual  career. 
Accordingly,  we  find,  that  as  early  as  the  time  of 
Hesiod,  the  changes  of  the  seasons^  and  the  more 
important  operations  of  agriculture,  were  fixed  with 
reference  to  the  risings  and  settings  of  Orion,  the 
Pleiades,  the  Hyades,  Arctums,  and  Sinus.  Such 
observations  were  in  the  first  instance  extremdy 
rude  ;  but  after  Thales  had  turned  the  attentian 
of  his  countrymen  to  scientific  astronomy,  these 
celestial  phenomena  were  determined  vrith  great 
care  and  accuracy :  tables  were  drawn  up  in  which 
the  risings  and  settings  of  the  more  brilliant  stan, 
with  refierenoe  to  the  sun,  were  fully  detailed,  to- 
gether with  such  notices,  touching  the  winds  and 
weather  to  be  expected  at  the  different  epochs,  as 
experience  suggested.  Copies  were  engraved  on 
stone  or  brass,  and,  being  nailed  or  hung  up  in  the 
market-places  of  laige  towns  and  other  phues  of 
public  resort,  received  the  name  of  wapatr^paTa. 
Two  catalo^es  of  this  description  have  been  pre- 
served which  are  valuable,  inasmuch  as  they 
firequently  quote  the  authority  of  the  early  Greek 
astronomers,  Meton,  Euctemon,  Eudoxus,  Calippus, 
&c  for  their  statements.  The  one  was  drawn  up 
by  Geminus  (fl.  B.  c.  80),  the  other  by  the  famous 
Ptolemy  (a.  d.  140).  In  the  former  the  risings 
and  settings  of  the  stan  are  fixed  according  to 
the  passage  of  the  sun  through  the  signs  of  the 
Bodiac ;  in  the  Latter  they  are  ranged  under  the 
months  and  years  of  the  Julian  Calendar. 

The  practice  conunenced  by  Hesiod  was  followed 
by  subsequent  writers  upon  rural  economy,  and 
we  accordingly  find  numerous  precepts  in  Viigilt 
Columella,  and  Pliny  delivered  with  reference  to 
the  risings  and  settinn  of  the  stars,  forming  a 
complete  Caiendarium  Rusticum.  Ovid  has  com- 
bined the  Fasti  of  the  city  with  these  Rural  Al- 
manacs, and  has  thus  gained  an  opportunity  of 
enlivening  his  poem  by  recounting  the  varioai 
myths  attached  to  the  oonstellationa  Indeed  it 
would  appear  that  Caesar,  when  he  reconstructed 
the  Fasti  of  Rome,  included  the  risings  and  set- 
tings of  the  stars,  since  Pliny  frequently  quotes  the 
authority  of  Caesar  for  his  statements  on  these 
points.  Thus  the  Fasti  of  Ovid  may  be  considered 
as  a  commentary  upon  the  almanac  in  common 
use. 

The  early  Grecian  paropegmata  were  undoubt- 
edly constructed  from  actual  observation  in  the 
countries  where  they  were  first  exhibited,  and  must 
therefore  have  completely  answered  the  jpuipoie 
for  which  they  were  intended.  But  this  doef  not 
by  any  means  hold  good  of  the  oorrespanding 
compilations  of  the  Romans,  who,  being  little 
vened  in  astronomy  themselves,  copied  blindly 
from  othen  without  knowledge  or  discrimination. 

It  is  neoeesaiy  to  attend  to  two  fiieu :  — 

1.  The  time  of  the  risings  and  settings  of  the 
fixed  stars  varies  for  the  same  place  at  different 
epochs.    Thus  the  Pleiades  which  at  Rome  rose 


ASTRONOMIA. 

i!ai^  with  tlie  inn  <m  the  16th  of  April,  fi.  c.  44, 
nmt  vith  the  ran  at  Rome  •evenl  daji  earlier  in 
tie  «ge  «f  Melon,  and  do  not  now  rise  with  the 
«iB  at  Rome  until  aevenl  days  hiter.  This  is 
erased  Vy  the  preeessioD  of  the  equinoxes. 

2.  The  time  of  the  risings  and  setting  of  the 
fix«d  sun  is  different  on  the  same  day  m  phKes 
ahose  latknde  ia  diffioeot  Thns,  in  the  year 
-rhax  the  Pleiades  rose  along  with  the  son  at 
Rone  oa  the  16ih  of  April,  th^  did  not  rise  along 
viih  the  sun  at  Athena  until  the  22d  of  ApriL 

Too  little  sttfTitimn  was  paid  to  these  consider- 
sdflss  by  the  Ramaa  wntexs ;  and  cansequently 
«rv  net  on&eqnently  discorer  that  they  combined 
tbr  ebserratiooa  of  aatronomers  who  lived  at  times 
aad  phees  leoiote  from  them  and  from  each  other 
— thatcalcidatoBna  made  Cor  the  ktitude  of  Athens, 
or  sf  Abodes,  or  of  Alexandria,  300  years  before, 
T<ie  sdopted  at  onee  snd  tiansfened  to  their 
eaksdan  wxthont  change  or  modification. 

Aaother  souzte  of  confusion  is  a  want  of  pre- 
dsko  in  specifying  the  different  kinds  of  rismgs 
Dd  Kttings,  which  ought  always  to  be  most  care- 
6i11t  distinguished  from  each  other  by  appropriate 
ickntific  tenns. 

The  tkings  and  settings  of  the  fixed  stars,  when 
ooasidered  nith  refierenoe  to  the  smi^  place  in  his 
or^'t,  may  be  arranged  under  eight  heads :  — 
(a)  "^^en  a  star  riaes  at  sunrise. 
(l)  When  a  star  rises  at  sunset, 
(c)  When  a  star  aeU  at  sunrise. 
{i)  WhoL  a  star  acts  at  sunset 
(s)  When  a  star  rises  shortly  befi>n  the  son  so 
it  to  be  just  risible  in  the  morning  twilight  as  it 
anesds  shore  the  horiaon  before  its  rays  are  orar* 
povoed  by  the  light  of  the  more  brilliant  lu- 


(0)  When  a  star  rises  shortly  after  sunset  so  as 
to  be  jnst  risible  in  the  evening  twilight  as  it 
ocends  shore  the  horizfxu 

{i)  When  a  star  sets  shortly  before  sunrise  so 
» to  be  just  risible  in  the  morning  twilight  as  it 
■ski  below  the  hociiOB. 

(8)  When  a  star  sets  shortly  after  sunset  so  as 
to  be  jut  risible  in  the  evening  twilight  as  it 
nab  below  the  horison. 

The  nsmes  by  whkh  these,  taken  in  order,  are 
diKiinuBSted  by  the  Greek  astronomen  Geminus 
<^«W?-  «P^  ri.)  and  Ptolemy  {Math,  Syntax,  viii 
4)  an  the  fi>]lowinff :  — 

(a)  *Et(to\^  i^  ^i|tfii^,  G. — "E^a  o-vraya- 
wJ^iMiHl,  V.—OrtmMataiimu  Venu,    True 

BttlBlltf  risiSff . 

(l)%»iTo\j>  itnr^pla  i\i^tv4,  G.  —  'Zmrcpia 
^^ivovro^  ij^i,9ty^F.--Ortu»  Vupertimu  Fenu. 


Tne 


evcnmg  nstnir. 


[e)  hhvis  i^a  6XnBu^,  G.  —  'E^a  ovyKord- 
J^w  dAi|(M,-p._-Ooi»f«f  MatuHnus  Venu. 
Tneaienung  setting. 

(4)  &Wu  iowcfrfa  iXufiu^f  G.  —  'Eowepta 
'^J'w^lwit  dXti^ud^  P.  —  Oeoasus  Ve^>ertmu$ 
^•w.    Tme  evening  setting. 

!«>  tvcroX^  1^  fttUfOfiSniy  G.— 'Eya  vpooi 
^  ^cuwoftdtm,  P,—OrtuM  Maiutimu  Apparmu 
\  Of^  Bdiaaia,  HeBacal  rising,  L  e.  First  risible 
<^«f  aslar  in  the  mondng  twilight. 
Jfi)  *tvtTo)3i  ivrtpia.  ^uvoiUrn,  G. — '^umpta 
™w»^  foiM^iini,  P.^OrfMS  Vetpertunu 
^Ppvwt.    Last  riaible  rising  of  a  star  after 


(7)  Wif  ^  ^MM^nr,  0.-~'E^  wp6hHrt9 


ASTRONOMIA.  15< 

(ImivofjJmi,  P.  — OccoMt  MoMnma  Appwenu 
First  visible  setting  of  a  star  befiire  sunrise. 

(8)  Ikinris  icr^pla  ^yoftdytif  G.  —  'Etnrtpia 
iwucard^wns  ipaunfUvny  P.— Oooows  FaqDwfiaas 
Apparmt  s.  Oooosas  Heliaem,  Heliacal  setting, 
i.  e.  Last  risible  setting  of  a  star  in  the  evening 
twilight 

With  regard  to  the  above  technicaltties  we  must 
observe 

1.  That  Geminus  (t  &)  draws  a  distinction  be- 
tween the  words  ^^oroA^  and  4wito\^.  By 
dtwroKii  he  nnderstands  the  rising  of  a  star  con> 
sidered  simply  with  reference  to  its  elevation  above 
the  horizon,  which  takes  phioe  once  in  twenty-fimr 
hours  in  consequence  of  the  diurnal  motion ;  by 
#wiroX^,  the  rising  of  the  star  considered  with  re> 
ference  to  its  distance  from  the  sun,  which  depends 
upon  the  son^  place  in  the  ediptie.  As  to  the 
settings  of  the  stars,  he  would  make  Zitau  the  cor- 
relative of  iuwT9K'h  and  api^s  ol  hniTo\4i ;  but  to 
this  hwt  definition  he  does  not  himself  adhere, 
since  he  constantiy  employs  8^is  to  denote  the 
setting  of  a  star,  when  considered  with  leferenoe 
to  iu  distance  from  the  sun.  Ptolemy,  while  he 
includes  aU  the  risings  and  settings  under  the 
general  designation  of  ^cUrst^  dwAoywr,  endeavours 
to  intXDduoe  an  improved  namendatare,  by  vaiy* 
ing  the  proposition  accordinff  as  the  star  rises  of 
sets  aknig  with  (<r^),  or  before  (jtp6)  or  after 
(^Q  the  snn,  but  pays  no  regard  to  the  role  of 
Geminus  with  respect  to  dnrroX^  and  i'rtroKk, 

2.  Two  terms,  in  addition  to  those  set  down 
above,  ate  commonly  employed  by  vrriters  on 
these  topics,  the  Gosmical  rismg  and  setting 
{OrtuB  OotmieuMy  Oeouttu  CI),  and  the  Acrony- 
cajLL  rising  and  setting  (Ortut  Aercmyekmy  O^ 
catuM  A.\ 

The  epithet  CbmUeHgf  as  applied  to  this  subject, 
first  occun  in  a  note  of  Servios  on  Viig.  Georp,  L 
218,  ^ortos  et  oocasns  duo  sunt:  unos  ^Aiofc^i, 
id  est,  9olari9i  et  alter  aotf^fiucdf,  id  est,  numdamu : 
nnde  fit  ut  ea  signa  quae  cum  sole  orinntur  a  nobis 
non  possint  rid^  ;  et  ea,  quae  rideoms,  quaatnn 
ad  solis  rationem  pertinet,  rid^^atur  oocidere.^ 
Modem  astronoBBers  have  for  the  most  part  (see 
Petarius,  Varr.  Dim,  p.  3,  ed.  1690)  adopted  the 
phrase  Orfat  Cbsmicas  to  indicate  the  rising  marked 
(a),  that  is,  the  Ortus  Matutkuu  Venu^  and  Oo- 
coma  Cotmieus  to  indicate  the  setting  nuuked  (c), 
that  is,  the  Oeeasm  MaMkma  Vmna^  but  Ideler 
(ffutorMole  (/adfrMdfcM^ea,  &C.  p.  311),  while  he 
interprets  Orfat  Ommem  in  the  sense  usually  re- 
ceived, spplies  Oooaaua  Cosmiau  to  the  setting 
marked  (y\  that  is,  to  the  OdDMvs  Matuii$nu 
AppannB, 

Again,  the  epithet  dxp^ntxos  appears  to  be 
first  used  by  Theophrastns  (Do  Sipmis  Pluo.  et  VenL 
cap.  I  §  2)  where  diwroKai  dicp6pvxpt  are  alone 
mentioned,  and  are  distinctiy  ezpbuned  to  mean 
the  rising  of  a  star  at  sunset,  that  is,  the  Orttu 
VeaperOiuu  Vmna  mariced  (6),  and  in  this  sense 
the  phrase  Or1u$  Aeromjfckua  is  found  in  the  trea- 
tises of  Petarius  and  otiieis  who  employ  also  the 
expression  Ooocmms  Aerottpekus  to  indicate  the  set- 
ting marked  (cf)*  that  is,  the  Oceoius  Vt^)ertmu9 
Venu,  Idder  concurs  in  the  latter,  but  interprets 
OvfMf  AemnjftkiM  to  mean  the  rising  marked  (jS), 
that  is,  the  Ortue  Vetpertmm  Appart$u,  This  riew 
is  certainly  at  variance  with  the  words  of  Theo- 
phraatna,  which  are  quite  explicit  and  an  cor- 
roborated by  Julius  Fiimieos  (ii  8)  ;  but  on  the 


156 


ASTRONOMIA. 


other  band  in  the  Panpegma  of  Geminni,  in  the 
observBtions  ascribed  to  Eadozus,  iuep6infxot  is 
the  genera]  term  applied  to  all  eyening  settings,  and 
most  of  these  unquestionably  refer  to  the  apparent 
phenomena.  Eactemon  agam  makes  use  of  i<nr4- 
pios  to  express  the  same  meaning.  The  words 
*Kpitrovpos  dKp6wx9S  vpttfas  Wci  under  Sooipias 
d.  8.  are  probably  cormpt 

Under  these  circumstances  to  prevent  all  con- 
fusion or  ambiguity,  we  have  altogether  passed  over 
the  terms  Chtmiau  and  Aenmyckut  in  our  table, 
but  have  retained  HeHaau^  which,  like  Commem^ 
first  occurs  in  the  passage  quoted  from  Servius, 
but  is  applied  uniformly  by  subsecjuent  writers  to 
the  phenomenon  marked  (a)  and  (5),  and  to  no 
others. 

8.  Pliny  {H,  N.  xriiL  25)  proposes  to  desig- 
nate by  EmermUy  what  we  have  called  the  He- 
liacal Rising  (a),  because  the  star  then  for  the 
first  time  emerges  from  the  sun^  rays,  and  by 
OoeuUatiOy  what  we  have  called  the  HeUaeal  Settuig 
(8),  because  this  is  the  last  appearance  of  the  star, 
whieh  is  forthwith  obscured  by  the  sun*s  rays,  but 
these  terms  do  not  appear  to  have  been  ever  gene- 
rally received. 

4l  It  is  manifest  that  of  the  eight  phenomena, 
named  above,  the  first  four  are  purely  matters  of 
calculation,  since  the  true  risings  and  settings  never 
can  be  visible  to  the  naked  eye.  These  then 
ought  always  to  have  been,  and  for  some  time  al- 
ways were,  excluded  firom  rural  calendars  intended 
for  the  use  of  practical  men.  We  find,  however, 
from  the  fragments  of  Calippna,  preserved  in  the 
Parapegma  of  Geminns,  when  verified  by  compu- 
tation, that  this  astronomer  had  substituted  the 
true  risings  and  settings  for  the  appuent  risings 
and  settings,  which  were  there  marked  in  the  tables 
of  Eactemon,  Meton  and  Eudoxus.  Hence,  great 
caution  would  become  indispensable  in  quoting 
firom  different  authorities,  or  m  advancing  an  ori- 
ginal statement  If  the  rising  of  a  star  was  named, 
it  would  be  necessary  not  only  to  specify  whether 
it  was  the  morning  or  the  evening  rising,  but  also 
whether  the  true  or  the  apparent  rising  was  indi- 
cated, and  to  proceed  in  like  manner  for  the  setting 
of  a  star.  Now  and  then  we  find  in  Columella  and 
Pliny  some  attempt  to  preserve  accuracy  in  one  or 
other  of  these  essential  points,  as  when  the  latter  ob- 
serves (xviiL  74) :  **PridieKalendas  (Nov.)  Caesari 
Arcturus  occidit  et  Suculae  eaBoriuniur  aun  9oU  ;  ^ 
^  XVI.  Kal  Octob.^gypto  Spica,  quam  tenet  Virgo, 
exoritur  matutino,  Etesiaeque  desinunt  Hoc  idem 
Caesari  XIV.  Kalendas  XIII.  Assyriae  signifi- 
cant;** and  even  in  Virgil,  as  when  he  defines 
the  morning  tettmg  of  the  Pleiads :  ^  Ante  tibi 
Eoae  Atlantides  abscondantur;**  but  for  the  most 
part  both  in  prose  writers  and  in  poets,  every- 
thing is  vague  and  unsatisfactory ;  risings  and 
settings  of  tdl  descriptions,  calculated  for  different 
epochs  and  for  different  latitudes,  are  thrown  to- 
gether at  random.  In  order  to  substantiate  these 
chuges,  we  may  examine  the  statements  contained 
in  Columella,  Ovid,  and  Pliny  with  regard  to  Z^ro, 
a  GonsteUation  to  which  considerable  importance 
was  attached  by  the  Romans,  since  the  beginning 
of  Autumn  in  the  calendar  of  Caesar  was  marked 
by  its  (true)  morning  setting.  It  will  suit  our 
purpose  particularly  well,  because  from  its  limited 
extent  every  portion  of  the  constellation  became 
visible,  within  two  or  three  days  after  the  appear- 
ance of  the  first  star ;  and  hence  no  ambiguity 


ASTRONOMIA. 

could  arise  from  the  heliacal  rising  of  the  eztmne 
portions  being  separated  by  an  mterval  of  some 
weeks,  as  was  the  case  with  Orion  and  others 
stretching  over  a  large  space  in  the  heavens^  in 
treating  of  which  it  became  necessary  to  Mpedfr 
particidiar  portions  of  the  figure,  as  when  we  read 
**  Ononis  humerus  oritur  ;**  "  Gladius  Orionia  oc- 
cidere  incipit ;  **  Orion  totus  oritur,**  and  so  forth. 
In  the  folbwing  quotations,  the  wwds  FidU  suid 
FidiaUa  seem  to  be  absolutely  synonymooa,  there 
being  no  reason  to  bdieve  that  the  latter  waa  ap- 
plied exclusively  to  the  peculiariy  bright  star  which 
m  the  cataloffues  of  modem  astronomers  is  a  Ljfrae^ 
the  6  Kofiwpbt  rifs  K6pas  of  Ptolemy,  although  to 
this  in  all  probabilitv  moat  of  the  observations  were 
directed.  We  shsJl  set  down  in  rq|;ular  order 
first  the  settings  and  then  the  risings. 

SeUing$  of  Lyra, 

(1.)  Pridie  Id.  Aug.  (12  August)  Fidia  occidit 
mane  et  Auctumnus  indptt.    CH,  xL  2.  §  57. 

According  to  Pliny  (xviii.  59),  the  setting  of 
Fidicula  {PidiaJaA  oooomu  )  marked  the  commence* 
ment  of  autumn,  and  took  phice  on  the  forty-sixth 
day  after  the  solstice,  that  is,  on  the  8th  of  Angnat, 
if  we  include,  according  to  the  Roman  method  of 
computation,  the  24th  oif  June,  the  day  fimn  which 
he  reckoned.  In  a  subsequent  chapter  (68.  §  2)  he 
states  that  the  phenomenon  in  question  took  place, 
aocordiog  to  the  Calendar  of  Caesar,  on  the  1 1  th  of 
August,  but  that  more  accurate  observations  had 
fixed  it  to  the  8th,  and  this  he  soon  after  repeats 
(69.14). 

(2.)  XIIL  Kal.  Sept  (t.0.  20  August)  Sol  in 
Virginem  transitum  fiicit ...  hoc  eodem  die  Fidia 
occidit—- X.  KaL  Sept  (23  August)  ex  eodcm 
sidere  tempestas  plerumque  oritur  et  pluvia.  Co- 
kmelL  xi.  2.  §  58. 

(3.)  XI.  KaL  Feb.  (22d  January)  Fidicula  Vea- 
pere  occidit,  dies  pluvius.     CohmelL  x.  2.  §  5. 

Ovid  places  the  setting  on  23rd  of  January. 

Fulgebit  toto  jam  Lyra  nulla  pola  FaaL  L  653b 

(4.)  III.  KaL  Feb.  (30  January)  Fidicula  oc- 
cidit   CdwndL  xl  2.  §  6. 

(5.)  KaL  Feb.  (1  February)  Fidis  incipit  oc- 
ddera  Ventus  Enrinus  et  inteidum  Auster  com 
grandine  est     OolumdL  xi  2.  §  14. 

IIL  Non.  Febr.  (3rd  February)  Fidis  tota  oc- 
cidit    CoUmdL  Ibid. 

Ovid,  without  alluding  to  what  he  had  said  be- 
fore, remarics  on  the  2nd  of  February  (^Fiut. 
iL73): 

nU  nocte  aliquis  tollens  ad  sidcra  vultum, 
Dicet,  ubi  est  hodie,  quae  Lyra  fhlsit  heri  ? 

Pliny  has  (xviiL  64)  **  Et  pridie  Nonas  Febm- 
(4th  February)  Fidicula  vesperi  (sc.  ooddit). 


Ridngt  <^  Z^/ra, 

(6.)  IX.  KaL  MaL  (23rd  April)  prima  nocte 
Fidicula  apparet,  tempestatem  significat  OohumetL 
XL  2.  §  37. 

VI.  KaL  HaL  (26th  April)  Bseotiae  et  Atticae 
Canis  Vesperi  occultatur,  Fidicuk  mane  oritur. 
PUm,  xviiL  66.  §  I. 

(7.)  Ovid  {FaaL  v.  415)  names  the  5th  of  May 
as  the  day  on  which  Lyra  rises. 

(8.)  III.  Id.  HaL  (13th  May)  Fidis  mane  ex- 
critor,  significat  tempestatem.  CWawaff.  xL  2.  §  40. 


ASTRONOHIA. 
IIL  Id.  MaL  FWailae  ezoctua.  PlM.rri]l67. 
S3. 

Id.  Mai  (I5th  May)  Fidis  mane  exontur. 
GdmrndL  zi  3L  §  4S. 

(9.)  nL  Nod.  Noremb.  (3id  Norember)  Fi- 
dicok  ame  esoritar,  IdeiBBt  et  jhdt,  CohmdL 
ZL^S84. 

(lOl)  yilL  Id.NoTemK  (6th  Norember)  idem 
dditt  tptom  emritnr,  Aaater  Tel  Favcniua,  hiemal 
O^mO.  Ibid. 

(II.)  XTL  KaL  Dec.  (16tk  Norember)  Fidis 
exaritar  mane,  Anstcr,  interdun  Aquilo  magnoa. 

OibwA  XL  2.  f  sa. 

(I2L)  Nod.  Janaar.  (5th  January)  Fidia  ez- 
ffitor  BBDe:  tempeataa  Taria.  QdumeU,  zi.  2. 
S57. 

losthcrint  Nooae,  miaJs  tibi  nubibua  atris, 
Signa  dabont  imbrea  ezoriente  Lyra. 

Ovid.  Fast.  I  3\S, 

Vndk  Nenaa  Janoarias  (4th  Jannaty)  Caeeari 
DdpUBBs  mstatino  ezoritor  et  poatero  die  Fi* 
dicala.    Piia.  zriiL  64. 

The  total  divqiard  of  piecisiaD  in  the  phraaeo- 
kgr  eaifiayed  in  deooibing  the  above  a{>peaFances 
is  endent  in  ahnoet  every  asiertioa,  but  the  con- 
iaaa  amy  be  conaidered  to  hare  reached  a  dimaz 
vhm  «e  read  the  worda  **'  Fidia  (or  Fidicida)  ex- 
oriBw  anne^**  naed  without  rariation  or  ezplanation 
to  doMta  a  phenomeDon  aasigned  to  the  26th  of 
Apra,  the  Sd  and  15th  of  May,  the  3d  and  16th 
of  Navembo'.  By  pxamining  each  pangraph 
Kpaialely,  we  ihall  be  atill  more  fully  convinced 
of  the  cankaaDeH  and  ignorance  diaplay  ed. 

(1.)  The  trm  mormuig  mttkig  of  Lumia  Ljfra§ 
taek  phoe  at  Rome  in  the  age  of  Caesar,  on  the 
l'2ch  or  13th  of  Angnat,  and  therefore  the  Calendar 
of  Caesar  here  fioUowed  by  Columella  was  more  ao- 
cirate  than  the  authorities  quoted  by  PlmT,  unless 
time  re£esred  to  a  different  latitude.  Kemark, 
Wvercc,  that  no  hint  is  dropped  by  either  to  in- 
dJESle  iSoMl  the  Arwe,  and  not  the  apparmU  morning 
adHag  is  meant ;  and  it  ought  to  be  boine  in  mind 
tbt  the  latter  happened,  at  the  epoch  in  question, 
GO  that  very  day  at  Alezandria.  In  the  Para- 
pegBBof  Gcminns  also,  we  find,  under  Uth  of 
Aa|Bst(I7  Leo),  Eineriftmn  \6pa  Sv^oi. 

(2.)  Una  must  be  the  apparaU  nunmmg  setting 
aikh  took  plaee  at  Rome  on  24th  of  August  for 
^  Jvlian  epoch. 

(3.)  The  frwa  evening  eettingy  calcnhited  for 
Alezaadzia  at  the  same  epoch,  took  place  on  23d 
of  Jaaaaiy,  the  Tory  day  named  by  Ovid. 

(4.)  This  is  the  hetiaeal  tetting^  which,  for 
Laeida  Lyra^  todc  place  at  Rome  on  28th  of 


ASTRONOMIA. 


157 


(3l)  These  notices  seem  to  be  borrowed  firom 
oU  Greek  calendars.  Endozus,  as  quoted  by  Qe- 
BtDoa,  aarigna  the  enening  {dtcpAmrxos)  tetting  of 
Lmtothe  11th  degree  of  Aquarius,  that  is,  the 
4di  of  Febraary  aecwding  to  the  Julian  calendar. 

It  wiQ  be  seen  that  the  three  last  paragraphs 
(3lX  (4.x  (5.),  without  any  change  of  expression, 
fead  die  setting  of  Lyra  orer  a  space  extending 
^  23d  of  January  to  4th  February,  Uie  ap- 
paient  and  true  settings  for  Rome  bemg  on  the 
SStk  Jaanary  and  9th  February  respectively. 

(6.)  Th/t  appannt  evening  rieing^  which  seems 
dearir  pointed  out  by  the  words  of  Columella, 
took  pkee  at  Rome  for  the  Julian  em  on  14th  of 
Afril,  at  Alexandria  on  26th  of  April :  the  tnne 


tnening  riting  at  Rome  on  22d  April,  and  to  this, 
therefere,  the  statement  of  ColuineUa,  from  what- 
OTcr  source  derired,  must,  if  accurate,  apply. 
Pliny  has  here  fidlen  into  a  palpable  blunder,  and 
has  written  man$  §or  veeperi.  In  fiut  he  has 
copied,  perhaps  at  second  hand,  the  obserration  of 
Eudoxus  witn  regard  to  the  Lyre  and  Dog  (see 
Parapeg.  of  Oem.),  except  that  he  has  inserted  the 
word  aiaas  where  the  Greek  astronomer  sim|dy 
says  X^  hrn-ikKti, 

(7.)  This  will  agree  tolerably  well  with  the 
^Srae  eceim^  riming  at  Alexandria  ftxt  the  Julian 
era,  but  is  twenty-one  days  too  late  for  the  <iRpa- 
reni  evening  aeUing  at  Rome,  and  thirteen  days  too 
late  for  the  ^ths  evening  eetti^. 

(8.)  Here  all  is  cnor.  We  must  manifestly 
substitute  veapere  fat  mane  in  both  passages  of 
Columella ;  but  even  thus  the  obsenration  will 
not  gire  anything  like  a  dose  approximation  to  any 
rising  of  Lyra  either  at  Rome  or  Alexandria  in  the 
Julian  age. 

(9.)  Copied  verbatim  along  with  the  accom- 
panying prognostic  of  the  weather,  from  the  Para* 
pegma  of  Oeminus,  where  it  is  ascribed  to  £uc- 
temoo.  The  day,  however,  corresponds  closely 
with  the  keliaeal  rieit^^  which  took  place  at  Rome 
on  5th  of  November. 

(10.)  Copied  along  with  the  prognostic  "hie- 
mat*'  (jcol  6  d^  x^*f^*P^  yiirrui  &s  M  rk 
voXA^)  from  the  same  compilation  where  it  is  as- 
cribed to  Democritus,  who  fixed  upon  this  day  for 
the  ime  morning  rising  (X^pa  ^iMXXci  fyta  4iXiqf 
dpiffxenrt).  At  Rome  this  roM^  fell  upon  23d 
of  October. 

(11.)  Copied  again  from  the  same  source,  wh«e 
it  is  ascribed  to  Eudoxus.  Here  the  observation  can 
in  no  way  be  stretched  so  as  to  apply  to  Rome. 

(12.)  Thia,  like  the  last,  can  in  no  way  be  made 
applicable  to  Rome ;  but  the  heUaeal  setting  at 
Alexandria  took  place,  for  that  epoch*  about  four 
days  later,  on  the  9th  or  10th  of  January. 

Having  now  pointed  out  the  difficulties  which 
the  student  must  expect  to  encounter  in  prosecuting 
his  inquiries  in  this  department,  we  proceed  briefly 
to  examine  the  most  remarkable  passages  in  the 
classical  writers,  where  particular  periods  of  the 
year  are  defined  by  refeiring  to  the  risings  and 
settings  of  the  stars.  We  begin  with  the  most 
important, — the  Pleiades,  Aieturus,  and  Sirius, 
which  we  shall  discuss  fully,  and  then  add  a  few 
words  upon  others  of  less  note. 

Thb  Plxiadk& 

Hbsiod.  —  Hesiod  indicates  the  period  of  bar- 
▼est  by  the  rising  of  the  Atlas-bom  Pleiads  {Erg, 
384)  after  they  had  remained  concealed  for  forty 
days  and  forty  nights.  Now  in  the  affe  of  Hesiod 
(b.  c.  800),  the  heliacal  rising  of  the  Pleiads  took 
place  at  Athens,  according  to  the  computation  of 
Ideler,  on  the  19th  of  May  of  the  Julian  Calendar, 
which  is  just  the  season  when  the  wheat  crop 
comes  to  maturity  in  that  climate.  Again  (/.  c), 
he  indicates  the  commencement  of  the  plooghing- 
seaaon,  and  the  dose  of  the  season  for  navigating, 
by  the  morning  setting  of  the  Pleiads,  which  in 
that  age  and  ktitude  fell  about  the  third  of  the 
Julian  November.  In  these  and  all  other  passages 
where  Hesiod  speaks  of  the  rismgs  and  settings  of 
the  stars,  we  must  unquestionably  assume  that  he 
refers  to  the  apparent  phenomena.  Indeed  it  ia 
by  no  means  improbable  that  the  precepts  which 


158 


ASTRONOMIA. 


he  inculcates  may  be  tbe  result  of  the  personal  ob- 
servations of  himself  and  his  contemporaries. 

Varro,  Columblla,  Pliny.  —  Morning  Ris- 
ing,— (I.)  Yano,  where  he  describes  the  distribu- 
tion of  the  year  into  eight  divisions,  according  to 
the  calendar  of  Caesar,  states  that  there  was  a 
space  of  forty-six  days  from  the  remal  equinox 
(25th  Match)  to  the  rising  of  the  Pleiades  (  Veryi- 
Uarum  eaBoitium\  which  is  thus  fixed  to  the  8th  or 
9th  of  May.  (i?.  A  i.  28.) 

(2.)  Pliny  (xviii.  66.  §  1)  names  the  10th  of 
May. 

Columella  has  three  distinct  notices  (R,  R.  xi. 
2.  §§  36,  89). 

(3.)  X.  KaL  MaL  (22d  April)  Ver^iliae  mm 
so2e  oriuntur. 

(4.)  NimU MaiU  {1x)i'NLkj)  VergilUie exorimtmr 


(5.)  VL  fdus  9C  Mai  (10th  May)  VergiUM 
Mae  apparent ;  and  this  last  corresponds  with  his 
assertion  elsewhere,  that  the  phenomenon  takes 
place  forty-eight  days  after  the  vernal  equinox 
(ix.  14.  §4). 

Now  the  true  morning  rising  of  the  Pleiads 
took  place  at  Rome  in  the  age  of  the  above 
writers,  who  are  all  embraced  within  the  limits  of 
a  century,  about  the  16th  of  April,  the  apparent 
or  helia<»l  rising  about  the  28th  of  May.  Hence, 
not  one  of  the  above  statements  is  accurate.  But 
(1)  (2)  (4)  (5)  approach  closely  to  the  observ- 
ation of  Euctemon  (b.c  430),  according  to  whom 
the  Pleiad  rises  on  the  13th  of  Taurus  (8th  of 
May),  and  (S),  which  expressly  refers  to  the  true 
rising,  although  inapplicable  to  Rome,  will  suit  the 
latitude  of  Athens  for  the  epoch  in  question. 

Morning  Setting. — (1.)  Varro  places  the  setting 
of  the  Pleiades  {Vergiliarum  oooasum)  forty-five 
days  after  the  autumnal  equinox  (24th  Sept),  that 
is,  on  the  6th  or  7th  of  November  {R.  R.  i.  28). 

(2.)  Pliny  names  the  11th  of  NoTember  (xviil 
60,  74  ;  the  text  in  c.  59  is  corrupt). 

Columella,  as  before,  has  a  succession  of  notices. 

(3.)  Xril.  et  XIL  KaL  Noo.  (20th  and  21st 
Oct)  Soli*  eeeoriu  VergiHae  mdpiunt  ooddere. 

(4.)  r,  KaL  Nov,  (28th  Oct)  VergiUae  oed- 
dunt. 

(6.)  VL  Id,  Nov.  (8th  Nov.)   VtrgOiae 
ocddttnt, 

(6.)  ir.  Id.  Nov.  (10th  Nov.)  hiem 

These  are  all  taken  from  his  calendar  in  xi.  2  ; 
but  in  ix.  14.  §  11,  **  Ab  aequinoctio . . , .  ad  Fer- 
giliarum  oooasum  diebue  XL.^  t.e.  2d  or  3d  of 
November.    Compare  ii.  8.  §  1. 

Now  the  true  morning  setting  of  the  Pleiads 
took  place  for  Rome  at  that  epoch  on  the  29th  of 
October,  the  apparent  morning  setting  on  the  9th 
of  November.  Hence,  it  appears  that  (5)  may  be 
regarded  as  an  accurate  determination  of  the  ap- 
parent morning  setting,  and  that  (1)  and  (2)  ap- 
proach nearly  to  the  truth,  especially  when  we 
bear  in  mind  that  variations  to  the  extent  of  two 
or  even  three  days  must  be  allowed  in  regard  to 
a  phenomenon  which  depends  in  some  degree  on 
the  state  of  the  atmosphere.  We  perceive  also 
that  (4)  is  correct  for  the  true  morning  setting, 
while  (3),  which  is  inapplicable  to  Rome,  cor- 
responds to  the  horizon  of  Athens  in  the  time  of 
Meton.  In  the  passage  from  Colum.  ix.  14,  we 
ought  probably  to  adopt  the  conjecture  of  Pon- 
tedera,  and  read  xliv.  for  xl. 

Evening  Setting  and  Evening  Rising, — The  even-  | 


ASTRONOMIA. 

ing  settmg  of  the  Pleiades  took  phioe,  according  to 
Columella,  on  the  6th  of  April  (  VIII,  Idus  ApHUs 
VergiUae  Vespers  celantnr)  ;  according  to  the  ca- 
lendar of  Ca<»ar  on  the  5th.  (Colum.  xi  2.  §  34  ; 
Plin.  II.  N,  xviiL  66.)  These  statements  are  not 
fiir  from  the  truth,  since  the  apparent  eTening  set- 
ting took  place  at  Rome  for  the  Julian  epoch  on 
the  8th  of  April  The  apfMurent  eTening  lising 
belonged  to  the  25th  oi  September. 

ViROiL.  —  Virgil  (Georg,  i  221)  enjoins  the 
husbandman  not  to  sow  his  wheat  until  after  the 
morning  setting  of  the  Pleiades :  — 

Ante  tibi  Eoae  Atlantides  abscondantur 
Gnosiaque  ardentis  decedat  stella  Coronae 
Debita  quam  sulcis  committas  i 


Hesiod,  as  we  have  seen  above,  fixes  the  com- 
mencement of  the  ploughing  season,  without  making 
any  distinction  as  to  the  particular  crop  desired, 
by  the  (apparent)  morning  setting  of  the  Pleiades, 
that  is,  for  his  age,  the  beginning  of  Novemb<?r. 
But  it  is  impossiUe  to  tell  whether  Virgil  intended 
merely  to  repeat  this  precept  or  had  in  his  eye  the 
calendar  of  Caesar  or  some  simikr  eompiktion. 
Columella  (iL  8.  §  1),  in  commenting  upon  these 
lines,  understands  him  to  mean  the  true  morning 
setting,  which,  be  says,  takes  place  thirty-two  days 
after  the  equinox,  that  is,  on  the  25th  or  26th  of 
October,  a  calculation  not  far  from  the  truth,  snice 
we  have  pointed  out  above  that  the  28th  was  the 
real  day. 

There  is  another  passage  where  both  the  rising 
and  the  setting  of  the  Pleiades  are  mentioned  in 
connection  with  the  two  periods  of  the  honey  har- 
vest {Oeorg.  ir,  231) 

Bis  gravidos  cogunt  foetus,  duo  tempora  messis^ 
Taygete  simul  os  terris  ostendit  honestum 
Pleias  et  oceani  spretos  pede  repulit  amnes. 
Aut  eadem  sidus  iugiens  ubi  Piscis  aquosi 
Tristior  hybemas  coelo  descendit  in  undas. 

Here^  again,  thore  is  nothing  in  the  context  bv 
which  we  can  ascertain  the  precise  periods  which 
the  poet  desired  to  define,  we  can  only  make  a 
guess  by  comparing  his  injunction  with  those  of 
others.  Columella  (xi.  2)  recommends  that  the 
combs  should  be  cut,  if  jiiUj  about  the  22nd  of 
April ;  but,  smce  he  adds  that  if  they  are  not  full 
the  operation  ought  to  be  deferred,  the  matter  is 
left  quite  inde&iite.  Now,  the  words  of  Vii^gil 
seem  cleariy  to  point  to  the  heliacal  rising  which 
took  place  in  his  time  at  Rome  about  the  28th  of 
May,  more  than  five  weeks  after  the  day  given  by 
Columella.  In  like  manner  the  last-named  writer 
advises  (xl  2.  §  57)  that  the  autumnal  collection 
of  honey  should  be  put  off  until  the  month  of 
October,  although  others  were  in  the  habit  of  be- 
ginning earlier.  The  true  morning  setting  was,  as 
already  stated,  on  the  28th  of  October,  the  ap- 
parent on  the  9th  of  November. 

As  to  the  expression  **  sidus  iugiens  ubi  Piscis 
aquosi,**  it  will  be  sufficient  to  obsore  that  al- 
though the  **  Piscis  **  in  question  has  been  vari- 
ously supposed  to  be  —  one  of  the  fishes  in  the 
jBodiac— the  Southern  Fish — the  Hydra  — the 
Dolphin — or  even  the  Scorpion,  no  one  has  yet 
succeeded  in  proposing  a  reasonable  or  intelligible 
interpretation,  which  can  be  reconciled  with  any 
delineation  of  the  heavens  with  which  we  are 
acquainted. 

Ovid.  ~  We  are  told  m  the  JF^aali  (!▼*  165) 


ikSTRONOinA. 

that  tt  dBrlncak  oa  themroniiiig  wluch  fcUowB  the 
ijtofAfnl:  — 

Fteiades  iodpiiifet  hnmeroe  rdeTare  pateraoi 
Quae  Kptem  did,  mx  tamen  ene  aolenL 

AecoidiBg  to  the  l^end,  the  Pleiadet  wen  the 
ikii|hten  of  Adaa,  who  mpported  the  heaTeni  on 
kis  dioaUs^  and  hence,  when  thej  diaappeared 
from  the  wkjj  they  might  be  add  to  remore  a 
pordoa  of  their  lnther*8  Innden  **  hnmeros  relevare 
jaseroMJ**  The  appareiit  nonung  setting  is  there- 
ibredeatlT  denoted.  Bat  this  took  place  at  Rome 
w  the  9th  a£  Noremheiv  while,  on  the  other  hand, 
the  apfiaceiit  evening  (or  heliacal)  setting  fell  upon 
the  8th  ef  April,  only  six  days  alter  the  date  men- 
tiooed.  Hence,  the  poet  Uundered  between  the 
aamii^  Kttiag  and  the  evening  letting,  which  are 
naajaunths  apart 

A«am  (r.  599),  the  Pleiades  are  said  to  rise 
ymUj  in  the  mocning  on  May  14th,  maifcing  the 
end  of  iprii^  and  the  beginning  of  sommer.  Now 
the  heliacal  xiang  of  the  Pleiades  did  not  take 
^  at  Rome  when  Ovid  wrote  ontil  May  28th  ; 
bat  the  phenomenon  in  question  took  place  at 
Atiiens  SB  May  16th  in  the  age  of  Meton.  Hence 
tUs  (lien  I  alii  in  was  evidently  cofMed  from  a  Greek 
csicndar  csBMfmled  far  the  fifUi  centuiy  n.  c. 

Abcturus. 

Coasidcnhle  difficolty  arises  in  the  discnssion  of 
the  panagea  which  refer  to  Arctmus,  from  the  cir- 
esflntaaoe  that  this  name  is  sometimes  applied 
geoecaBy  to  the  whole  of  the  wide-spreading  oon- 
•trilstian  of  BolHes,  and  sometimes  confined  to  the 
hn|[bt  sar  in  the  knee  of  the  figure; 

Hoxn.  —  Homer  (OdL  t.  29)  speaks  of  Arc* 
tanu  as  ^«  Motto,  heeooae  the  apparent  OTcning 
w  kefismi  setting  took  place  late  in  the  year  when 
vufeervas  nigh  at  hand,  and  hence  the  phrase 
mrcr  ^  *Afrro^  for  hmg  nigJUa,  (See  Arat. 
53S.)  Another  explanation  of  the  phrase  has  been 
shova  wheo    discn using   the  oonsteUation 


ASTRONOMIA. 


159 


ItiTfn 
B>3Slea 


Hbsidd. — Heaiod  (£fy.  564)  dates  the  eom 
saraoement  of  Spijng  from  the  evening  rising  of 
Aictans  (^rtrcAAerw  dKpotaf4^aiof)  sixty  days 
after  the  solstice.  Now  the  apparent  oTening  rising 
for  the  age  and  ooantry  of  Heaiod  fell  upon  the 
*J4th  of  Febniaiy,  therefine  his  statement  is  coixect 
is  naad  namben. 

AgsiD,  in  the  flune  poem  (659)  he  marks  the 
period  of  the  Tintage  by  the  morning  (heliacal) 
riibg  of  Arctoms,  which,  aooording  to  Ideler,  fell 
■  thst  ^  on  the  18th  of  September. 

Coi.infBLi.jL,  Plint. — Mcrming  Riamg.  Coin- 
BeSs  (ii:  14.  §  10)  places  the  rising  of  Arctoms 
sboot  filfy  days  after  the  rising  of  C^icula ;  and 
anee  the  hdjacal  rising  of  the  hitter  £ell  on  the 
2daf  Angast  at  Rome  in  the  Julian  era,  and  of  the 
fanner  on  the  21st  of  September^  the  compatatiom 
iiemet. 

Pliay  (xriii.  74),  Arelmnu  vtro  mediuM  pridU 
lin  (sc  SepCerabr.  oritar),  i,  a.  12th  of  September, 
Here  the  middle  portion  of  the  whole  oonsteUation 
ii  fiidkated,  and  the  obsenration  is  very  accnrate; 

Monmg  Settmg.  —  (h)  XL  et  X.  KaL  Jm. 
C^2daad  28d  May)  Antimu  mans  ooddU.  CkiL 
ii2.S4a. 

(2.)  Vll.  Id.  Jtm.  (9th  June)  Arctunu  occidii, 
R|45.  •" 


(3.)  Pliny  (xTiil  67.  |  8)  ascribes  the  Ardmi 
Umtrnm  to  V.  Id, Mai^Le.  Uth  May. 

(4.)  Again,  in  the  same  section  we  find  that 
Ardmnu  maiuimo  oeeidU  on  the  8th  of  Jane. 

Now  the  trae  morning  setting  of  Arcturas  lor 
Rome  at  this  epoch  belongi  to  28th  of  May,  the 
apparent  morning  setting  to  10th  of  Jane. 

Bat  (1)  seems  to  be  eopiad  from  the  obsenation 
of  Enctemon  in  the  Paiapqgmaof  Ocminns ;  (2)  is  a 
close  approximation  to  the  apparent  raotning  setting 
for  Rome ;  (3)  is  altqgethtf  emmeoos,  and  must 
be  a  trae  morning  setting  extracted  from  some  old 
Greek  calendar ;  (4)  corresponds  with  (2),  and  is 
neariy  comet. 

EvemngRimmg,'-{\.)  IX.  KaL  Mart  (21st 
Feb.)  Arelunu  prima  mods  ontur.  Co),  xi  2.  §  21. 

(2.)  Ortms  Areturi  qui  ni  ab  Idibm  Ftbraarm 
(13th  Feb.).    CoL  ix.  14. 

(3.)  VIII.  KaL  Mart  (22d  Feb.)  kmmdmU 
vim  et  poatero  die  (23d  Feb.)  Ardmri  arorte  cet- 
pertino.     Plin.  H.  N.  xviii.  65. 

Now  the  apparent  evening  rising  of  Aittnna 
took  place  for  Rome  at  the  Julian  epoch  on  the 
27  th  of  February,  the  trae  evening  rising  on  the 
6th  of  March.  But  since  it  is  evident  m>m  (2) 
that  Columella  here  employed  Aretunu  to  denote 
not  merely  the  star  properly  so  called,  but  the 
whole  figure  of  BoStes,  a  Utitade  of  several  days 
must  be  allowed  in  the  case  of  this  as  of  all  the 
larger  constelhuions.  See  below  the  remarks  on 
Ov.  FomL  iL  153.  We  may  remark,  however,  that 
2lBt — 23d  of  February  will  answer  for  the  appa- 
rent evening  rising  of  the  star  Arcturas  at  Athens 
in  the  age  of  Meton. 

Ewmng  Sgtia^.  —  IV.  Kal  No9.  (29th  Oct) 
Arctmnu  vetpen  ceeidO^  omtoMM  diet,  CoL  xi  2. 
§78. 

This  is  taken  verbatim  from  an  observation  of 
Euctemon  qnoted  in  the  Parapegma  of  Oeminus. 
The  heliacal  setting  for  Rome  was  a  fiew  days 
Uter,  about  the  4th  of.  November.  Bat  the  ob- 
servation of  Euctemon  is  not  accurate  for  the  lati- 
tude  of  Athens  in  his  own  age,  for  the  phenomenon 
ought  to  have  been  placed  about  five  days  earlier, 
which  proves,  as  Pfiiff  remarks,  that  the  Greek 
astronomers  are  not  always  to  be  depended  opon  in 
these  matten. 

We  find  in  Pliny  (xviii.  68.  §2),  VIII.  Id. 
Amq.  (6th  August)  Artitmnu  maimu  aeeidit  This 
is  so  far  removed  fiiom  any  setting  of  the  star  in 
question  that  Hardain  pronounces  the  text  corrapt, 
and  substitutes  VII.  Id.  Amg.  Aquaritu  ooddit  me- 
diua,  while  Pfoff  endeavoon  to  refer  the  expression 
to  the  culmination,  an  explanation  which  is  both 
in  itself  forced  and  completely  at  variance  with  the 
ordinary  usage  of  Pliny. 

Again,  Pliny  (xviii.  §  74),  Pridie  Kalendaa 
(Nov.)  Otesan  Arctmnu  oeddit^  u  e.  Slst  of  Oc- 
tobei^  and  a  few  lines  farther  on  IV.  Noua$  Arc- 
turut  cecidU  vuperL  The  hitter  is  not  fiir  from 
the  trath  ;  the  former,  unless  it  refers  to  the  con- 
stellation in  general,  must  have  been  borrowed 
from  a  fore^  source. 

ViROiL.— Virgil  {Gsorg.  I  229)  histracte  the 
husbandman  to  sow  vetohes,  kidney  beans  and  len- 
tiles,  when  Bodtes  sets,  by  which  he  probably 
intends  to  indicate  the  heliacal  setting  of  Arcturas 
on  the  4th  of  November.  In  like  manner  Pliny 
(xviii.  15.  §  24)  orders  the  vetoh  to  be  sown  about 
the  setting  of  Arcturas,  the  kidney  bean  at  tlie 
setting  of  Bootes  (xviii  24),  the  lentile  in  tlie 


160 


ASTRONOMTA, 


month  of  November  (mriil  12).  Colomelb  aaatgns 
the  sowing  of  yetches  and  kidney  beans,  and  PaUa- 
dioi  of  kidney  beans  to  the  month  of  October  ;  if 
the  end  of  the  month  is  meant,  then  the  precept 
may  be  considered  as  identical  with  those  of  Viigil 
and  Pliny  ;  if  the  middle  of  the  month  is  intended, 
this  wiU  correspond  with  the  heliacal  setting  of 
Arcturus  for  the  latitude  of  Alexandria. 

i\gain,  in  Georg,  L  67.  when  treating  of  plongh- 
ing,  the  words 

At  si  non  fiierit  tellns  fecnnda,  sub  ipsnm 
Arcturum  tenui  sat  erit  suspendere  sulco, 

refer  to  the  morning  rising.  The  true  morning 
•  rising  was  on  the  8th  of  September,  the  apparent 
on  the  21st  The  former  agrees  best  with  the  di- 
rections given  by  Columella  (ii.  4.  §  11)  for  the 
ploughing  of  Tery  light  land»  **  giaciles  clivi  non 
sunt  aestate  arandi,sed  circa  SeptembresKalendas,*^ 
and  a  little  lower  down,  when  treating  of  the  same 
kind  of  soil,  **•  itaque  optime  inter  Kalendas  et  Idus 
Septembres  aratur  et  subinde  iteratur.'* 

Ovid.  —  In  the  second  book  of  the  Fasti  (153) 
we  read, 

Tertia  nox  veniat:  custodem  protinus  Ursae 
Adspicies  geminos  exseruisse  pedes, 

that  is,  the  eonUdUxtUm  Arctorus  dispbys  both  his 
feet  on  the  1 1th  of  February,  where  it  onght  to 
be  observed  that  from  the  posture  in  which  Bodtes 
rises  his  two  legs  appear  above  the  horizon  nearly 
at  the  same  time.  The  apparent  evening  rising 
of  the  star  Arcturus  took  place  at  Rome,  on  27th 
February,  the  true  evening  rising  on  the  6th  of 
March  ;  but  the  calendar  to  which  Ovid  was  in- 
debted probably  recorded  the  appearance  of  the  first 
star  in  the  figure  which  became  visible. 

In  three  passages,  the  morning  setting  is  clearly 
described  {Fait,  iil  403,  v.  733,  vi.  235).  In  the 
first,  it  is  placed  on  4th  or  5th  of  March,  according 
as  we  adopt  the  reading  qwxrtae  or  qtUntae  ;  in  the 
second,  on  the  26th  of  May  ;  in  the  third,  on  the 
7th  of  June.  Now  there  is  no  doubt  that  the 
setting  of  Bodtes  is  spread  over  a  considerable  pe- 
riod ;  and  hence,  the  epithet  piffor^  applied  to  him 
here  and  elsewhere,  but  in  no  way  could  it  be  made 
to  occupy  three  months.  The  star  Arcturua  is  one 
of  the  first  which  sets  in  this  constellation:  its  true 
morning  setting  took  place  on  28th  May,  its  ap- 
parent morning  setting  on  10th  June  ;  Uius  the 
second  and  third  of  the  above  passages  will  apply 
to  these  two.  In  the  first  passage  he  ha»  erroneously 
substituted  the  tiqaportni  mormng  aetttng  for  the 
true  wenmg  rising^  which  really  took  place,  as  we 
have  seen,  on  the  6th  of  March. 

Si&ius.    Canih.    Canicula. 

HoMBR,  Hbsiod.  —  Homer  (/Z.  v.  5,  zxiL  25) 
alludes  to  Sirius  as  the  star  of  ^d&pa,  that  is,  of  the 
hottest  portion  of  summer,  as  will  be  explained 
more  fully  below  in  treating  of  the  ancient  divi- 
sion of  the  year  into  seasons.  The  heliacal  rising 
of  Sirius  in  Southern  Greece  would  take  place  in 
the  age  of  Homer  about  the  middle  of  July. 

The  culmination  of  Sirius  spoken  of  by  Hesiod 
(Erg.  609),  as  marking  along  with  the  morning 
rising  of  Arcturus  the  period  of  the  vintage,  would 
take  place  m  that  age  about  the  20th  of  Sentember. 
The  passage  (Erg.  417),  where  Scfpios  dffriip  is 
supposed  to  denote  the  sun,  has  been  already  noticed. 
See  above  p.  152,  b. 


ASTRONOMIA 

VARno,CoLUMBJLLA,  Pliny. — Mormng  Rituig. 
—  (1.)  Varro,  following  the  calendar  of  Csesar, 
reckons  an  interval  of  twenty-four  days  from  the 
summer  solstice  to  the  rising  of  Sirius  (ad  Ckauadm 
ngnum)  which,  according  to  this  calcdation,  would 
fiiU  on  the  17th  or  18th  of  July  (A  72.  L  28.) 

(2.)  Columella  (xi  2.  §  53)  fixes  upon  the  26th 
of  July  (  VI L  KaL  Aug.  Ctt$dada  t^aparef)^  and  in 
another  passage  (ix.  15.  §  5)  makes  the  interral 
between  the  solstice  and  the  rising  of  Sirius  about 
thirty  days  (peraolo  mtlatiUo  uaque  ad  ortum  Cam- 
culae,  qui  firt  dm  trigimta  tuiU)^  that  is,  on  the 
24th  of  July. 

(3.)  Pliny  (xviii.  38.  §  2),  says,  that  the  epoch 
*^quod  oanis  ortum  vooamut  ^  oorrespmded  with  the 
entrance  of  the  sun  into  Leo,  that  is,  according  to 
the  Julian  calendar,  which  he  profeaies  to  Callow, 
the  24th  of  July. 

(4.)  In  the  very  next  clause  he  says,  that  it  fell 
twenty-three  days  after  the  solstice,  that  is,  on  the 
17th  of  July. 

(5.)  And  a  little  farther  on  (§  4),  he  refers  the 
same  event  specifically  to  the  17th  of  July  (XFI. 
KaL  Aug.). 

(6.)  Finally,  in  a  different  part  of  his  work  (zi. 
14),  he  places  the  rising  of  Sirius  thirty  days  after 
thesolstioe:  ^mo Sirio ejepluidsBeeiitB  podmiibtitnm 
diebu*  trioema  fere^  a  passage  in  which  it  will  be 
seen  upon  referring  to  the  original,  thai  he  most 
have  been  consulting  Greek  authorities,  and  in 
which  the  words  necessarily  imply  a  tti^bk  rising 
of  the  star. 

The  whole  of  the  above  statements  may  be  re- 
duced to  two.  In  ( 1 ),  (4),  (5),  the  rising  of  Siriiu 
is  pkced  on  the  17th  or  18th  of  July,  twenty -three 
days  after  the  solstice,  in  (2),  (3),  (6),  iAoid  thirty 
days  after  the  solstice  ;  that  is,  24th— 26th  of  Jul  v. 

Now  the  true  morning  rising  of  Sirius  for  Rome 
at  the  Julian  era  fell  upon  the  19th  of  July,  the 
apparent  morning  or  heliacal  rising  on  the  2d  of 
August,  thirty-eight  or  thirty-nine  days  after  the 
solstice. 

Hence  (1),  (4),  (5),  are  dose  approximations  to 
the  truth,  while  (2),  (3),  (6)  are  mapplicable  to 
Rome,  and  borrowed  firom  computations  adapted  to 
the  horizon  of  Southern  Greece. 

Some  words  in  Pliny  deserve  particular  notice : 
"  XVI.  KaL  Aug.  Assyriae  Procyon  exoritnr ;  dein 
postridie  fere  ubique,  confessum  inter  omnes  sidus 
indicans,  quod  canis  ortum  vocamus,  sole  partem 
primam  iJeonis  ingresso.  Hoc  fit  post  solstitittm 
XXIII.  die.  Sentiunt  id  maria,  et  terrae,  multae 
vero  et  ferae,  ut  suis  locis  diximus^  Neque  est 
minor  ei  veneratio  quam  descriptis  in  deos  stellis.** 
Although  the  expressions  employed  here  are  far 
fimm  ^ing  distinct,  they  lead  us  to  Infer  that 
certain  remarkable  periods  in  the  year  were  fivm 
habit  and  superstition  so  indissolubly  connected 
in  the  public  mind  with  certain  astronomical  phe- 
nomena, that  even  after  the  periods  in  question 
had  ceased  to  correspond  with  the  phenomena,  no 
change  was  introduced  into  the  established  phis- 
seolooy.  Thus  the  period  of  most  intense  h^t, 
which  at  one  time  coincided  with  the  heliacal  rising 
of  Sirius,  would  continue  to  be  distinguished  in  the 
language  of  the  people,  and  in  almanacs  intendni 
for  genera]  use,  as  the  Cbnis  Exorttu^  long  after 
the  two  epochs  were  removed  to  a  distance  fifom 
each  other,  just  as  among  ourselves  the  term  dog- 
days  having  once  obtained  a  firm  footings  is  used 
ind  probably  will  continue  to  be  used  fer  centuries 


ASTRONOHIA. 

vitkoet  tfe  aligktmt  regard  to  tlie  actual  podtian 
•f  the  eaoitdlatuii  at  tbe  time  in  question.  An 
eoBpIe  still  hmr  stiikiDg,  becaanae  it  inTohes  an 
aaaaitf  naiveEnllx  recagiiiaed  hj  adentific  men, 
a  ^  pcadice  of  dcnoniinatiiig  the  position  of  tiie 
ira  at  the  venial  eqainox,  aa  the  ArsT  poai<  ^ulnet, 
altlioegii  two  thnramd  years  hare  elapsed  since 
tbe  intenection  of  the  ediptic  with  the  eqoator 
eoRc^onded  with  the  eonunenoement  of  the  oon- 
itelhtkn  Aries.  A  necessity-  baa  thns  arisen  of 
dnwigg  a  distiuction,  whi^  pnrres  most  em- 
bamaaitg  to  the  anleazned,  between  the  signs  of 
tke  udisc  and  the  oaostellataans  of  the  xodiac, 
aad  tliBs  tke  son  is  said  to  be  in  the  sisn  Aries 
wUc  be  it  actoaSy  traTersing  the  oonsteUatbn  of 
PiMcSt  snd  enters  the  sign  Tanms  long  before  he 
qcn  the  constenatiiwi  Aries.  Now  somethiog  of 
tha  ton  BHiy  to  a  certain  extent  ezphun  some  of 
tk  Biwsalifs  which  recur  so  peipetually  in  the 
ofeDdar  of  Colmnella  or  Pliny.  Certain  remaik- 
ilk  appssrsnces  fixed  upon  at  a  very  early  period 
to  marie  the  approach  of  amnmer  and  winter,  snch 
u  the  riang  and  setting  of  the  Pleiades,  may 
lin  by  cnstom  or  tradition  become  so  com- 
pktehr  idrmified  in  the  minda  of  the  people  with 
parti^ikff  days,  that  the  compilers  of  calendars  in- 
teaded  fiar  geneml  nae,  while  they  desired  to  re- 
;;Btef  atrame  observations,  -were  compiled  at  the 
ase  tine  to  include  those  which,  belonging  to 
sosflte  sges  and  foreign  lands,  had  nevertheless 
aqdred  a  prescriptive  daina  to  attention.  We 
maj  tbia  aoeoont  for  inconsistencies  so  nnmeroos 
aai  ghring,  that  they  could  acarcely  have  been  al- 
tnge^  overlooked  by  the  writers  in  whose  works 
ikj  Qocnr,  although  it  ia  impossihle  to  foigiTe 
tbor  careksmess  in  withholding  the  necessary  ex- 
phnatinns,  or  the  giosa  igncranoe  which  they  so 
e&eomaaifesL 

Ecmiaff  Seltkiff.  Colnmdla  places  the  erening 
KCkq;  of  the  Dog  on  the  3(Hh  of  April  (Prid, 
Kid.  MaL  Gmw  ss  Vetpen  eelat\  xi.  2.  §  37. 
PiioT  «Q  the  28th  {IV.  KaL  MaL  Cautu  oeddit^ 
aim  dptrm  peUgMKws  ei  cm  praeooeiden  Ckaiicu^ 
luMOBMeaO,  xriiL  69. 

The  heliacal  setting  at  Rome  for  the  Julian 

en  VIS  on  the  Isc  of  May,  which  proves  the  above 

I  to  be  nearly  correct    The  expression  em 

rkadam  meeanB  tU  has  been  already 

See  above,  p.  153,  a. 

Marng  SeUimg,     Bcanmff  Rmag,—{}).  VIL 

KQLJke.{25'Sar.)QMmicmlaoeeiditM)lisortu,  Col. 

(1)  ///.  KaL  Jam.  (30  I>eG.)  Cameda  vapere 
«a»&  Ibid.  §94. 

(1)  ///.  KaL  Jam,  (30  Dec.)  MaHUmo  eauu 
ficriieu.  Plin.  xviiL  64. 

(1)  is  aDcuate  for  the  iqiparent  morning  setting 
It  Bone,  &C.  44. 

C2)  sad  (3)  sre  directly  at  variance  with  each 
«tlMi;  sad  are  both  blunders.  The  apparent  even- 
ag  rinag  took  place  at  Rome  on  the  dOth  of  De- 
cent, not  the  evening  setting  as  Columella  would 
bsTc  it,  nor  the  morning  setting  as  Pliny  has  re- 
coraed. 

Ymsn. — Viigil  instructs  the  former  to  sow 
WsMyheane,  and  millet:  — 
^^^diiiw  ^^PT^^if  aperit  com  eomibns  ffi^imn 
T^ocas  et  adveno  eedens  Canis  occidit  astro.       < 
Cfeorff.  I  217. 

The  ian  cDtcred  Tanns,  according  to  the  Julian 


ASTRONOMIA. 


161 


calendar,  so  the  24th  of  April :  the  heliacal  setting 
of  Sirins  was  on  the  1st  of  May,  six  days  after- 
wards. Many  inteipretatioas  have  been  proposed 
for  the  words  **adrerM  oedens  Canis  occidit  astro;** 
of  these  the  most  plausible  is  that  which  exphuns 
them  with  reference  to  the  fonn  and  attitude  under 
which  the  constellation  of  the  Dm  was  depicted, 
which  made  him  set  backwards  fodi^  the  signs 
which  follow. 
Again,  in  Gtsor^  it.  425,  we  find 

Jam  rspidos  toncos  sitientes  Sirius  Indoa 
Ardebat  ooelo  et  medium  sol  jgneus  otbem 


words  which  are  intended  to  indicate  the  hottest 
portion  of  the  day  in  the  hottest  season  of  the 
yesr.  Here  the  separate  mention  of  **Sol**  is 
quite  sufficient  to  confote  those  who  would  con- 
sider Sirius  as  equiTalent  in  this  passage  to  the 
sun.  See  above,  p.  152,  b.  Compl  Lucan.  Pkar. 
X.209. 

Ovid. —  In  the  fourth  book  of  the  FaaH  (x. 
901)  the  rising  of  Sirius  is  assigned  to  the  25th  of 
Apnl,  is  made  coincident  with  the  diaippcarance 
of  Aries,  and  marks  the  epoch  of  mid-spring :  — 

Sex  ubi  quae  restant  luces  Aprilis  habebtt 
In  medio  eursu  tempoca  Veris  erunt ; 

Et  frustra  pecndem  quaeres  Athamantidos  Helles 
Signaque  dant  imbres  exoritnrque  Canis. 

A  notorious  blunder  has  been  here  committed  by 
the  poet  No  rising  of  Sirius,  either  real  or  ap- 
parent, in  the  morning  or  in  the  evening,  cor- 
responds to  this  sesaon.  But  this  is  the  very  day 
fixed  by  Euctemon  (ap.  Gemin.  Parapeg.)  for  the 
heliacal  setting  (jc^r  icp^vTcrai)  of  the  Dog,  which 
fell  at  Rome  rar  the  Julian  era  on  the  1st  of  Hay. 

Again,  in  FaaL  v.  723,  we  read  — 

Nocte  sequenta  diem  Canis  Erigoneius  exit, 

that  Is,  on  the  22d  of  May.  Now,  it  is  clear 
from  a  former  passage  (iv.  939)  that  by  Coats 
EriffOMiut  he  means  the  Qieat  Dog ;  but  the  true 
rinng  of  Sirius  took  place  for  Rome  at  this  period 
on  the  19th  of  July,  the  apparent  on  the  2d  of 
August 

Not  much  will  be  gained  by  supposing  that 
Procyon  is  here  alluded  to  ;  for  the  risings  of  that 
star  precede  those  of  Sirius  by  about  eight  days 
only.  Here,  again,  therefore,  we  have  a  gross 
mistake. 

PALLA01U&  —  Palladius  (riL  9)  :  •'In  ortu 
Caniculae,quiapud  RomanosXIV.KaLAu^.  (19th 
July)  die  tenetnr,  explorant  (sc.  Aegypu)  quae 
Bcmina  exortum  sidus  exurat,  quae  ilhu^  custo- 
diat^  Now  this  is  the  exact  period  of  the  heliacal 
rising  in  Egypt  for  the  Julian  epoch  ;  hence  the 
words  "  apud  Romanos  ^  must  refer  to  a  notice  in 
some  Roman  Calendar,  and  not  to  the  real  period 
of  the  phenomenon. 

Orion. 

It  must  be  borne  in  mind  that,  finm  the  great 
size  of  this  constellation,  its  risings  and  settings 
are  spread  over  a  considerable  space  ;  while  toe 
brilliant  stars  which  it  contains  are  so  numerous 
that  no  one  can  be  fixed  upon  as  a  representative 
of  the  whole,  as  in  the  case  of  Botttes,  where  the 
difiiarent  appearances  are  usually  referred  to  Arc- 
turns  alone.  Hence  those  writers  who^  aim  at 
I  precision  use  such  phrases  as  **  Orion  incipit  oriri,** 

M 


102 


ASTRONOMIA. 


t 


•* Orion  totiu  oritur,"  "Orion  incipit  occidcre;" 
and  wherever  such  qualifications  are  omitted  the 
statements  are  necessarily  vague. 

Hbsiod.  —  Hesiod  (Erg,  598)  orders  the  com 
to  be  thnshed  c^  Itv  wpigra  ^ay^  <r04vos  *ClpUtvos. 
For  that  age  and  country  the  apparent  morning  or 
heliacal  rising  of  Orion  would  )»  completed  about 
the  9th  of  July. 

The  setting  of  Orion  was  one  of  the  tokens 
which  gave  notice  to  the  fiirmer  that  the  season 
for  ploughing  had  arrived,  and  to  the  mariner  that 
he  must  no  longer  brave  the  perils  of  the  deep. 
{Bty,  615.)  Toe  apparent  morning  setting  ex- 
tended over  the  whole  month  of  November. 

The  culmination  of  Orion,  which  coincided  with 
the  vintage  (Eiy,  609)  took  place  about  the  14th 
of  September. 

Aristotlb.  —  Aristotle  (Meteorolog,  ii.  5, 
Problem,  xiv.  26)  places  the  rising  of  Orion  at  the 
commencement  of  Opora,  and  the  setting  at  the  be- 
ginning of  winter,  or  rather  in  the  transition  from 
summer  to  vrinter  (jly  fitra/Sokg  rov  ^4povs  koI 
X<tfu^yos). 

Now  the  two  limits  which  included  the  be- 
inning  and  end  of  the  apparent  morning  or 
leliacal  rising,  which  alone  can  be  here  indicated, 
were,  for  the  age  and  country  of  the  writer,  17th 
of  June — 14th  July;  those  which  embraced  the 
apparent  morning  setting  were,  8th  of  November — 
8tn  of  December  ;  whUe  the  true  morning  setting 
continued  from  27th  of  October~20th  of  No- 
vember. 

Upon  examining  the  passages  in  question  a  very 
curious  contradiction  will  be  perceived,  which  has 
long  exercised  the  ingenuity  of  the  commentators. 
Aristotle  distinctly  asserts  in  one  place  that  the 
risinff  of  Orion  is  characterised  by  unsteady  stormy 
weatner,  and  offers  an  explanation  of  the  £act: 
in  another  phwe  he  as  distinctly  avers  that  the 
rising  of  Orion  is  characterised  by  the  absence  of 
wind  (wcpl  *{ipluyos  dyaroKiir  /idKurra  yivrrcu 
tniytfjda), 

Pliny.  — (1)  VIII.  Idmt  (Mart)  AquOanii 
fitcU  exorlu^  et  pottero  die  Oriomie,  xviiL  65.  §  1. 

(2)  Nmia  (Apr.)  Aegypto  Orion  et  gladius  ^ 
tn/^jrimU  abtoondi,  xviii.  66.  §  1. 

(1)  The  first  date,  8th  of  March,  is  so  fiur  re- 
moved from  the  rising  of  Orion,  whether  in  the 
morning  or  the  evening,  that  Ideler  is  probably 
correct  when  he  supposes  that  either  the  text  is 
corrupt  or  that  Pliny  himself  inserted  Orion  by 
mistake  instead  of  the  name  of  some  other  constel- 
lation. 

(2)  Here  also  the  date,  5th  of  April,  is  wide  of 
the  truth.  The  apparent  evening  setting  of  the 
middle  star  in  the  belt  fell  at  Alexandria  on  the 
26th  of  April,  seven  days  later  than  at  Rome,  the 
true  evening  setting  about  the  9th  or  1 0th  of  May. 

ViROiL,  Horace.  —  Both  Viigil  and  Horace 
frequently  allude  to  the  tempests  which  accom- 
panied the  winter  setting  of  Orion  {Saeoue  ubi 
Orion  hibemis  ooruUtur  undie^  Virg.  Aen,  vii.  719  ; 
see  also  iv.  52  ;  Hor.  Carm,  i.  28.  21,  iii.  27.  17, 
Epod,  X.  9,  XV.  7),  just  as  Hcaiod  {Erg,  617) 
eight  hundred  years  before  had  warned  the  mariner 
that  when  the  Pleiades,  fleeing  from  the  might  of 
Orion,  plunge  into  the  dark  main  : 

A)}  t6it9  "KomoUtv  dtfdfjMP  ^^wriv  ditTUL 

The  apparent  morning  setting  of  Orion,  which 
in  the  time  of  Hesiod  commenced  early  in  No- 


ASTRONOMIA. 

vember,  soon  after  the  morning  tetting  of_  tlie 
Pleiades,  thus  became  connected  in  tiaditmnal 
lore  with  the  first  g^es  of  the  rain^  seaflofn*  and 
the  association  continued  for  centuries^  althoogh 
the  phenomenon  itself  became  gradually  Inrther 
and  further  removed  firom  the  beginxung  of  the 
stormy  period.  In  the  Parapegma  of  Oeminus  ve 
find  notices  by  three  different  astronon^xsy  in  which 
the  setting  of  the  Pleiades  and  of  Orion  are  men- 
tioned as  attended  by  tempests,  although  each  of 
the  three  fixes  upon  a  different  day.  For  Rome, 
at  the  Julian  era,  the  apparent  morning  aetting 
commenced  about  the  12tn  or  13th  of  November. 
In  Pliny  (xviiL  74)  we  find,  ••  V.  Idus  NoTembr. 
(8  Novemb.)  gladius  Orionis  occidere  incipit,** 
which  is  the  true  morning  setting  fi>r  Alexandria 
at  that  epoch. 

Ovid.  —  Orid  refers  twice  in  his  Faati  to  the 
setting  of  Orion.  In  one  passage  (ir.  387)  he 
places  it  on  the  day  before  the  terminatioD  of  the 
M^l^esia,  that  is,  on  the  10th  of  April  ;  in 
another  (v.  493),  where  the  complete  disappearance 
of  the  figure  is  expressly  noted,  on  the  11th  of 
May. 

Now  the  apparent  evening  setting  of  Rigel,  the 
bright  star  which  marks  the  left  foot,  toiJc  place 
for  Rome  in  the  age  of  the  poet  on  llth  April, 
while  the  smaller  star,  now  known  as  ic,  set  on  the 
previous  day,  the  true  evening  setting  of  Betdgeux, 
which  marks  the  right  shoulder,  fell  on  the  1 1th  of 
May.  Hence  it  is  dear  that  Orid  derived  his  in- 
formation horn  two  very  accurate  calendars,  one  of 
which  gave  the  date  of  the  commencement  of  the 
apparent  evening  setting  ;  the  other,  the  date  of  the 
termination  of  the  true  evening  setting. 

He  refers  twice  to  the  rismg  of  Orion  alao  — 
in  the  sixth  book  of  the  Fasti  (717),  m  the  IGth 
of  June : 

At  pater  Heliadnm  ndios  ubi  tinxerit  nndio, 

Et  cinget  geminos  Stella  serena  poloa. 
Toilet  humo  validos  proles  Hyriea  laoertoa, 

and  on  the  festival  of  Fortuna  Fortis,  on  the  24th 
of  June : 

Zona  latet  tua  nunc,  et  eras  fortasse  latehit, 
Dehinc  erit,  Orion,  adspidenda  mihi, 

that  is,  on  the  26th  of  June. 

With  regard  to  the  first,  the  date  is  nearly  cor- 
rect for  the  true  hurnino  (noi  bvbnino,  as  the 
words  denote)  rising  of  the  two  stars  (o  o)  at  the 
extremity  of  the  left  hand  ;  with  regard  to  the 
second,  the  true  morning  rising  of  the  middle  star 
in  the  belt  fell  on  the  21st  of  June,  the  af^iarent 
on  the  13th  of  July.  There  is  a  mistake,  there- 
fore, here  of  five  days,  as  fiff  as  Rome  is  con- 
cerned. 

Htadss. 

In  Hesiod  {Erg.  615),  the  setting  of  the  Plei- 
ades, of  the  Hyades,  and  of  mighty  Orion,  wrarn 
the  husbandman  that  the  season  has  arrived  for 
ploughing  the  earth,  and  the  mariner,  that  naviga- 
tion  must  cease.  The  apparent  morning  setting 
of  the  Hyades  took  place,  acoordinff  to  the  cal- 
culation of  Ideler,  fisr  the  age  and  country  of 
Hesiod,  on  the  7th  of  the  Julian  November,  four 
days  after  that  of  the  Pleiades,  and  e%ht  befiare 
that  of  Orion. 

Vixgil  {Aen,  I  744,  iiu  516)  terms  this  duater 
<*  pluvias  Hyadas,**  and  Horace  (Gmn.  i  3.  1 4> 


ASTRONOMIC. 

^tralBi  HyadHy"  m  lefacace  to  tlieir  nMnung 
S6ttii«  at  Che  moit  niny  and  stormy  Ma«m  of  Uie 
Tar.  The  tnie  nonung  setting  for  Heme  at  the 
Joliu  en  happened  on  the  3d  of  Noveinbert  the 
sffuaA  m  the  I4tk  of  No^vmber.  The  ap- 
pmt  tnamg  imog^  wkich  fi^  upon  the  25th  of 
Ocssber,  vobU  likewiee  raift  these  epitheta. 

Oridt  ia  hn  Fud  (It.  677),  placet  tlie  evemi^ 
KttiBg  of  the  Hyadaa  en  the  17th  of  April,  the 
hjBxei  iathe  Calendar  of  Oaenr  (Pliii.x?iu.  6€L 
fix  while  ColmiirfleMmfe  the  18^  (J?.  A  zL  2. 
§3$).  TheotalatenientaaxeiifeariyaociiiatejUDoe 
the  i^faRBt  evenings  or  hriiecBl  setting,  took  phos 
hr  Ane  at  that  qwch  OB  the  20th  of  ApiL 

b  the  «iae  poeB[^  the  monung  xisiiw  is  aUaded 
to§«etiiic«. 

(1.)  It  isapid  (t.  183)  to  take  place  on  the  2nd 
6f  tti7,  whii^  was  the  day  fixed  in  the  Calendar 
af  Cmot  (Plia.  zriiL  66.  §  1),  and  adopted  by 
C^BwBaCxLS.  §  3d),  whose  words,  ^hcn&i  cwa 
adt  «nhv,  iadkate  the  troe  mosning  rising. 

(1)  Qb  the  14th  of  May  (t.  603),  while  Co. 
hadk  (Dad.  f  43)  haa,  JCII,  KoL  Jum,  (21st 
May)AMfa>ftiwiaalar. 

(1)  On  the  27th  of  May  (t.  &e.). 

(4.)  Ob  the  second  of  June  (ti.  197). 

(1)  Oathe  I5th  of  June  (tI.  711). 

Nov  the  trae  moniTug  rising  of  the  Hyades  for 
Rom  St  ^t  qndi  was  on  the  16th  of  May,  the 
ij^sRDt  or  huiaeal  rising  on  the  9th  of  Jime^ 
tk  tne  evening  settins  on  the  Sd  of  May. 

Heace  it  is  dear  that  Grid,  ColnmelbK  and 
P&i^p,  eopyinr  in  (1)  a  blonder  which  had  found 
iu  ¥aj  mts  tte  Owlendar  of  Caesar,  assigned  the 
Modsf  risng  to  the  2nd  of  May  instead  of  the 
tns  evoBQg  settii^.  The  tme  evening  rising  ky 
hetveen  the  days  named  in  (2).  The  heliacal 
Tm%  wai  thirteen  days  after  (3),  seven  days  after 
(4},tizdajsbdbre(5). 

Thx  Crvtam  Ckown. 

We  have  seen  above  that  Yiigfl  ((Taoi^.  1 222), 
Bamcti  the  fimner  not  to  eommence  sowing  wheat 
vsd  iftcr  the  Pleuides  have  set  in  the  morning : 

Gaoskqae  ardentia  deoedat  stdla  Coionae, 

wb  irhidi  BBst  signify  the  jsttuy  y  <le  Cretem 
Ovm,  The  apparesit  evening  (or  heliacal)  letting 
>f  ^a  constdlation  t^  at  Kmne  for  this  epoch 
ttp«  the  9th  of  November,  the  very  day  after  the 
t^fscot  aianiing  setting  of  the  Pleiades. 

Ond  {FnL  iiL  459),  after  having  spoken  of  the 
nag  of  Pegasus  on  the  night  of  March  7th,  adds. 


ASTRONOMIA. 


163 


venienti  noets  Cocauun  ■■■ 
Gacaida, 

«ads  iHuch  denote  the  evening  rising  ;  and,  in 
naHtv,  the  apparent  evening  rismg  took  place  on 
the  tendi  of  March,  only  two  days  later  than  the 
^heie  fixed. 

Thi  Kids. 

^'ngil  (Chorg,  i  205)  when  inculcating  the 
tii&jr  of  observing  the  stsn,  dechiies  that  it  is  no 
^  anesHry  for  the  husbandman  than  for  the 
■■Mr  to  waldt  Aretams  and  the  glistening  Snake, 
Bd  lie  d^  ^  As  KidB  (haedonimque  din  mr- 
VB^*).  Bsewheie  {Aem.  iz.  658)  he  compares  a 
^OK  flight  of  aiTovrs  and  javdins  rattling  against 
ftiKldi  and  helmets  to  the  torrents  of  rain  proceed- 
Vig  from  the  west  andcr  the  inflnenoe  of  t&e  too^ 


B  the  appartiU  tMmiy  ritmjh  which  vrocdd 
days  eariier,  would  mdicate  the  approach 
stonns  which  oommonly  attend  npon  the 


kidt  (pbrnaOm  ioaAf).  Horaos  (Chnm.  iii  I. 
27)  dwells  on  the  tenors  of  setting  Aictnms  and 
the  neny  JTtd;  while  Ovid  (7WK.  i.  I.  IS)  and 
Theocritns  (C-  ^  See  SchoL)  speak  in  the  same 
strain.  In  ColmneUa'ft  Calendar  (zL  2L  §  66)  wa 
find  r.  KaL  OckA.  (27th  Sept)  Hatdi  emonmbtr^ 
and  a  litde  forther  on  (§  73)  Fridi0  Nau  OetiA. 
(4th  Nov.)  Haedi  orimUmr  vupent.  The  fomer 
date  marks  the  precise  day  of  the  irm  iwaiiy  newy 
of  the  foremost  kid  at  Rome  for  the  Julian  era  ; 
and  hence  the  apparent  mmmmi^  ritmjh  which  vrocdd 
foil  some  ' 
of  those 
antumnal  equinox. 

IIL  DlVniON  OP  THS  TSAK  INTO  SlARONa 

As  eariy  as  the  age  of  Hesiod  the  commence- 
ment of  different  seasons  was  mariced  by  the  risings 
snd  settii^  of  certain  stars ;  but  before  proceeding 
to  detecmme  these  limits  it  vrill  be  necessary  to 
ascertain  into  how  many  compartments  the  yesr 
vrss  portioned  out  by  the  earlier  Greeks. 

Homer  clearly  defines  three :  —  1.  Spring  (W)« 
at  whose  retnm  the  nightingale  trills  her  notes 
smong  the  greenwood  brakes  (Od,  xix.  519).  2. 
Winter  (x«M^,  X<<)^)t  <^  whose  spproach,  ac- 
companied by  delnges  of  rain  (dB4ir^arw  6ft€pw\ 
the  crsnes  fly  icreaming  avray  to  the  streams  of 
ocean  (JL  iiL  4,  comp.  Hesiod.  Eiy.  448).  3. 
Summer  {^pos\  to  which  x*^  ^  directly  opposed 
{Od,  vii  118).  4.  Three  lines  occur  m  the  Odytsey 
(xL  191.  a^ip  MpftXBpai  d^sTcAs^viaT*iv«(pif, 
and  also  xiL  76,  xiv.  384)  where  the  word  6wipa 
seems  to  be  distinaniphed  from  d4p9s^  and  is  in 
consequence  genersSy  translated  omAmrji.  Ideler, 
howevei;  has  proved  in  a  satufoctoiy  manner 
{Hcmdlnieh  der  C%rom.  I  p.  243)  that  the  term 
originally  indicated  not  a  season  eeparate  firom  and 
following^  after  summer,  but  the  hottest  part  of 
summer  itielf ;  and  hence  Sirins,  whose  heliacal 
rising  took  place  in  the  age  of  Homer  about  the 
middle  of  July,  is  designated  as  iurriip  hwttptyhs 
{IL  V.  5  ;  see  SkhoL  and  EustatL  ad  loc. ;  compare 
also  77.  xxil  26),  whOe  Aristotle  in  one  paesi^ 
(Metmroloff.  ii  5)  mskes  the  heliacal  rising  of 
Sirius,  which  he  notes  as  coinciding  vrith  the  en- 
trance of  the  sun  mto  Leo,  t.  &  24th  July  of  the 
Julian  calendar,  the  sign  of  the  commencement  of 
iv^ ;  and  in  another  pasnge  (PtoUem.  xxv.  26, 
xxvi.  14^  phices  the  rising  S  Orion  at  the  begin- 
ning of  Mpo,  and  the  settu^  of  the  same  con- 
stellation at  the  beginning  of  vnnter — iw  iieral8okg 
Tw  ^4povs  iced  x*^f^^*  —  <u>  expreesi<Hi  which 
clearly  indicates  that  iw^  mm  included  vdthm 
the  more  general  &4pos, 

Hesiod  notices  fo^  (JE^.  462X  ^ipos  (L  &), 
Xei/ua  (450),  snd  in  his  poem  we  find  the  trace  of 
a  fourfold  division,  for  he  employs  the  adjective 
fjLer(nrmpaf6t  (Erg,  415)  in  reference  to  the  period 
of  the  fint  rains,  when  the  excessive  heat  had  in 
some  degree  abated.  These  rains  he  elsewhere 
calls  the  o^wfKv^f  ^l^poi^  and  notices  them  in  con- 
nection with  the  vintage,  when  he  enjoins  the 
mariner  to  hasten  home  to  port  before  uie  serene 
weather  has  passed  away — lafik  fiiyttw  otror  re 
¥io9  Jcol  5r»pcyor  6fi€pop.  Moreover,  by  making 
i^c^s  proper  end  fifty  days  after  the  solstice  (Erg, 
663)  he  leaves  a  vacant  space  from  the  middle  of 
August  to  the  end  of  October,  which  be  must  have 
intended  to  fill  by  a  fourth  season,  which  he  no- 
where specifically  names.  As  late,  however,  sa 
M  2 


164 


ASTRONOMIA. 


Aeielijliu  (Pnm,  453)  and  AristopliAnes  (Av. 
710)  the  eeasons  an  spoken  of  aa  three.  X^^t'^* 
iap,  d4pos  by  the  former ;  x^H/^t  *<V»  «w^  by 
the  latter.  Nor  can  we  aroid  attaching  some 
weight  to  the  fiict  that  the  moat  ancient  poeta  and 
artists  recogniaed  the'OfKU  aa  three  only,  bearing, 
according  to  the  Theogony  (901)  the  aymbolical 
appellation  of  Order  \l.woiiia\  Justice  (Adcty), 
and  blooming  Peace  (Eify^n;).  Indeed  Paosaniaa 
haa  preaerved  a  record  of  a  time  when  the  "Cipai 
were  known  aa  two  goddesaes  only — Kofw^^  the 
patroneaa  of  fruits,  and  OoXA^,  the  guardian  of 
bloaaoma  (ix.  35.  §  2).  We  may  hence  safely 
oondnde  that  the  Greeks  for  many  agea  diacrimi- 
nated  three  aeaaons  only.  Winter,  Spring,  and 
Summer,  that  the  general  name  for  the  whole  of 
Bummer  being  i^^pof,  the  hottest  portion  was  dis- 
tinguished aa  hwApa^  and  that  the  latter  term  waa 
gradually  aeparated  from  the  former,  so  that  i^^pof 
waa  commonly  employed  for  early  summer,  and 
lw6pa  for  late  summer. 

The  first  direct  mention  of  antnmn  is  contained 
in  the  treatise  De  Diaeta  (lib.  iii.  &c),  commonly 
ascribed  to  Hippocrates  (b.  c.  420X  where  we  are 
told  that  the  year  is  usually  diyided  into  four  parts, 
Winter  (x««A*^i'),  Spring  (Ifop),  Summer  {d4pos\ 
Autumn  {<p$iy&rwpoy)  ;  and  this  word  with  its 
synonym  fier^wttpov  occurs  regularly  from  this  time 
forward,  proving  that  those  by  whom  they  were 
framed  considered  ir^pa,  not  as  autumn,  but  as  the 


ASTRONOHIA. 

period  which  immediately  preceded  \ 
merged  in  it 

We  diacoTer  alao  in  the  Gfreek  medkal  wnter^ 
traoea  of  a  aeyenfold  diTiaion,  although  there  im  &« 
evidence  to  prove  that  it  waa  ever  gememJly 
adopted.  According  to  thia  diatribntioD,  wsmiHCfl 
is  divided  into  two  parta,  and  winter  into  threc^ 
and  we  have,  1.  Spnng  {(ap\  2.  Early  wimTnf-a 
(d4pot),  8.  Late  anmmer  (Mpa),  4.  Antmnz] 
{(pBufinntpov  a.  fier^ntpor).  5.  The  jdangliiiis  or 
Bowing  season  {iparos  s.  ow^pifr^f).  6.  Viriiitec 
proper  (xciMO*  7.  The  planting  Mttaoo  (^v- 
ToXfa). 

From  Yazro  (JIIL  i  28),  C^lumeDa  (uc  14^ 
XL  2),  and  Pliny  (xviii.  25)  we  infer  that  Julina 
Oiesar,  in  his  Calendar,  selected  an  eigfat-foM 
division,  each  of  the  four  seasons  being  anbdi^i^led. 
into  two,  after  this  manner:  1.  Veris  Imitiatnt^ 
2.  A^^utHocttum  Fanram.  3.  A-OUxht  Ttuiunt^  4« 
SobtUium.  5.  Auhtmm  ImiiMm.  6.  j 
AuhannL     7.  Hiemit  Iniimm.    8. 

We  find  no  trace  in  Homer  of  any  comiectioii 
having  been  established  between  the  recurrence  of 
particular  astronomical  phenomena,  and  the  return 
of  the  aeaaona.  But  in  Heaiod,  aa  remained 
above,  and  in  aubaequent  writers,  the  limita  of  the 
divisions  which  they  adopt  are  caiefully  defined,  by 
the  risinga  and  settings  of  particular  stara  or  oon- 
stellations.  The  following  tabular  amuigement 
will  afford  a  view  of  the  moat  important  systems : 


Conmiencement  of  spring     - 

Commencement  of  summer 
(AfiriTos)  or  reaping  time 

Thrashing  time 

Period  of  most  oppressive  heat 

End  of  summer  l^^pos) 

Period  of  the  vintage 

Commencement  of  winter, 
which  coincidea  with 
ploughing  time  {ApoTos\ 
and  the  doae  of  navigation 


Dhititm  ofHi/i  Seatons  aooordvu^  to  Hetiod, 

The  evening  (dxpoKvi^euos)  rising  of  Arctams  60  days  after  the  -winter 

Bolstice  (Erp,  564). 
(Heliacal)  rising  of  the  Pleiads  after  they  have  remained  ooooealed  for 

40  days  and  40  niffhts  {Eiy.  883). 
(Heliacal)  rising  of  the  first  star  in  Orion  {Eiy,  595). 
(Heliacal)  rising  of  Sirius  (Ety,  582,  &c). 
Fifty  days  after  the  solstice  {hy.  663). 

(Heliacal)  rising  of  Arcturus.  Culmination  of  Sirius  and  Orion  (JErg.  609  V 
The  (morning)  settmg  of  the  Pleiades  {Ery.  383),  of  the  Hyades,  and  of 

Orion  {Ery,  615). 


Commencement  of  spring 


Aoeordinff  to  the  AtOhor  o/tke  TncOm  '^DeDiaeia,^ 

The  vernal  equinox. 

Heliacal  rising  of  the  Pleiades, 
autumn  -     Heliacal  rising  of  Arcturus. 
winter     -     Morning  setting  of  Pleiades. 


Seoenfild  Dioision^  aeoording  to  Hippoortxte»  ami  other  Medical  Writers. 


Commencement  of  spring  .        .        . 

**  early  summer  (&4pos)    - 

**  late  summer  (oirApa) 

•*  autumn         -        -        - 

'^  ploughing     and    sowing 

season  {Sporos  airoprirhs). 

Commencement  of  winter  proper  (xc<M^)  - 
**  planting  season  (^vroX/a) 


The  vernal  equinox. 
Heliacal  rising  of  the  Pleiades. 
Heliacal  rising  of  Sirius. 
Heliacal  rising  of  Arcturus. 
Morning  setting  of  Pleiades. 

Winter  aolstice. 

Evening  rising  of  Arcturus. 


Seaeont  aooording  to  Eudemon^  Eudotnu,  and  other  Author*  quoted  m  the  Parapegma  qfCfemmmm^ 


First  breezes  of  Zephyrus 
Appearance  of  the  swallow 
Appearance  of  kite  {hcriyhs  ifnuvira*) 
Commencement  of  summer 
Midwinter     -        -        .        .        . 


16«>or  17°  of  Aquarius, 

20  of  Pisces. 

17<>  of  Pisces  (Eud.)  —  22°  of  Piaeea  (Buctem.). 

13«>  of  Taurus.  ' 

14^  of  (>q>rioomua. 


asylum: 


ASYLUM. 


les 


Aeoonkaff  to  0$  Qdmiar  <^JmUm  Caemir. 

The  breeaet  of  FaTooiiu  iMgin  to  blow      VIL  Id.  Fob.  (7  Febmur). 

VIIL  KoL  Apr.  (25  Morch), 
HQlHealiJaiiigofthoPleiadet(yeigiliM)  VII.  KaL  Mfti.  (9  May). 

Monung  wfetiiig  of  Fidknla 


Morning  letting  of  tbe  Pleiades 


Yin.  KaL  Jul  (24  Jane). 
IlL  Id.Aqff.  (llAngQit). 
VIIL  Kal.  Oct  (24  September), 
in.  Id.  Not.  (11  NoTember). 
VIII.  KaL  Jan.  (25  Deeember). 


to  wginag,  mnetj-one  dayt ;  to  fiimmer,  ninety-ibar  dayi ;  to 
to  winter,  eigbtj-four  (kyi. 


ninetj-one  days ; 
[W.R.J 


mX  pul 

owtol  tbe  Greek  atatee^  who  had  to  preMnre  order 
k  the  ■ueetB,  to  keep  than  ckan,  and  toieethatall 
k.Uhiga,  both  public  and  private^  wen  in  a  aafe 
fttte^  nd  noi  fikd j  to  canoe  injury  by  falling 
ibva.  (AriatDi.  PoUL  tL  5,  ed.  Schneider ;  Pkt. 
L9^fipiiL7S9,763;Dig.  43.tit  10.  ^.l.)  At 
Adiene  ihcR  woe  tea  astynoraif  fire  ftr  the  dty 
nd  five  fcr  the  PeiiaeeiB,  and  not  twenty,  fifteen 
ix  the  city  and  fiTe  far  the  PeixaeeoB,  aa  is  stated 
IB  HBie  rditinna  of  Haxpocntion.  (Haipocrat. 
Snl  a  A  s  Bekker,  Ameei.  p.  455  ;  Bdekh, 
CoTL  bmai^  toL  L  pi  337.)  A  pesMn  was 
obi^  to  dischaige  this  bordensome  office  only 
am  in  hk  life^  (&nL  Prom,  pi  1461.)  The  ex- 
tent «f  the  duties  of  the  Athenian  astynomi  is 
Bxertaia.  Aristotle  states  (op.  Harpoer.  L  c.) 
tlat  tkey  hod  the  superintendence  of  the  scavengers 
{mnpatiyM\  whicn  would  natnndly  belong  to 
tkoa  on  anFonnt  of  their  attending  to  the  deansing 
of  the  itrects,  and  he  likewise  infivms  us  that 
they  liad  the  siq»erintendenoe  of  the  female  musi- 
^aa  It  is  ptofaable,  however,  that  th^  had 
•sly  to  do  with  the  latter  in  Tirtne  of  their  duty 


m  the  streets,  since  the  rega- 
I  of  aB^the  pnUie  pnstitates  belopged  to  the 
[Ago&anomi.]  It  would  likewise 
I  a  dreomstanoe  related  by  Diqgenes 
Laiatias  (vi  90)  that  they  ooald  prarent  a  person 
from  appearing  in  the  streets  in  luxurious  or  in- 


tlat  a  will  was  deposited  with  the  astynomi 
(laeai,  de  Ckcmgm,  Hered.  p.  36,  ed.  StepL),  a 
QRsantanoe  which  does  not  seem 'in  acoordance 
vith  the  duties  of  their  office.  (Meier,  AtL  Pro- 
cm,  Pl  93,  &&) 

ASYliUM  (&niAor).  In  the  Greek  states 
de  tuBphis,  ahsrs,  sacred  greTes,  and  statues  of 
ife  gods  genenlly  possessed  the  pcivilqjes  of  pro- 
ttctiag  daves,  debtees,  and  cximmals,  who  fled  to 
then  for  refiige.  The  laws,  however,  do  not  ap> 
pear  tshsve  xeeosnised  the  right  of  all  such  sacred 
pisen  to  allbfd  the  protection  which  was  claimed ; 
bat  to  have  oonfined  it  to  a  certain  number  of 
teapka,  or  altar%  which  were  considered  in  a  more 
cipeal  BHBmer  to  have  the  dtfvXto,  or  jmb  atgU, 
(Smios  ad  Firpt.  Aau  IL  761.)  There  were 
■emal  places  in  Athens  which  possessed  this  pri- 
'^f^fft ;  of  which  the  best  known  was  the  The- 
«■,  V  temple  of  Theseus,  in  the  dty,  which 
«M  ckicfly  Sotended  for  the  protection  of  the  ill- 
(Ksled  dates,  who  could  take  reluge  in  this  pbce, 
ib4  eaaspel  their  masters  to  sell  them  to  some 
other  poson.  (Phit  TXcmis,  36  ;  SchoL  ad 
Ari^kifk,  BfdL  1309  ;  Hesych.  and  Snidas,  «.  o. 
'  r.)    The  other  places  in  Athena  which  pos- 


sessed the  jus  asyli  were :  the  altar  of  pity,  m  the 
agora,  the  altar  of  Zens  'Ayopaiof,  the  altars  of 
the  twelve  gods,  the  altar  of  the  Enmenides  on 
the  Areiopi^ius,  the  Theseom  in  the  Peiraeens, 
and  the  altar  chT  Artemia,  at  Munychia  (Meier, 
AiL  Proc  p.  404).  Among  the  most  celebrated 
places  of  asylum  in  other  parts  of  Orreoe,  we  may 
mention  the  temple  of  Poseidon,  in  Laeonia,  on 
Mount  Taenarus  (Thuc.  i.  128,  133 ;  Corn.  Nen. 
Potml  c  4)  ;  the  temple  of  Poseidon,  in  Calauiia 
(Pint  i>esMia.  29)  ;  and  the  temple  of  Athena 
Alea,  in  Tegea  (Pans.  iiL  5.  §  6).  It  would  k^ 
pear,  howeTor,  that  all  sacred  pbces  were  sup- 
posed to  protect  an  individual  to  a  certain  extent, 
oTcn  if  their  right  to  do  so  was  not  recognised  by 
the  laws  of  the  state,  in  which  they  were  situated. 
In  such  cases,  however,  as  the  law  gate  no  pro- 
tection, it  seems  to  have  been  considered  bwfiil  to 
use  any  means  in  order  to  compel  the  indlyiduals 
who  had  taken  refoge  to  leave  the  sanctuaiy,  ex- 
cept dragging  them  out  by  personal  violence. 
Thus  it  was  not  uncommon  to  force  a  penon  from 
an  altar  or  a  statue  of  a  god,  by  the  spplicatimi  of 
fire.  (Burip.  Androm.  256,  with  SchoL  ;  Phuit 
MmM.  v.  1.  65.) 

In  the  time  of  Tiberius,  the  number  of  places 
possessing  the  jus  uyli  in  the  Greek  cities  in 
Oreece  and  Asia  Minor  became  so  numerous,  as 
seriously  to  impede  the  administration  of  justice. 
In  consequence  of  this,  the  senate,  by  the  com- 
mand of  the  emperer,  limited  the  jus  asyU  to  a 
few  cities,  but  did  not  entirely  abolish  it,  as 
Suetonius  {TU>.  37)  has  eireneouily  stated.  (See 
Tacit  Amu  iii.  60 — 63,  iv.  14 ;  and  Emesti'S  E»- 
cumu  to  SueL  T£k.  37.) 

The  asylum  which  Romulus  Is  said  to  have 
opened  at  Rome  on  the  Capitoline  hill,  between 
ito  two  summits^  in  order  to  increase  the  popula- 
tion of  the  city  (Liv.  L  8  ;  VeU.  Pat  i.  8 ;  Dionys. 
ii  15),  was,  according  to  the  legend,  a  place  of 
refuge  for  the  inhabitante  of  other  states,  rather 
than  a  sanctuaiy  for  those  who  had  violated  the 
laws  of  the  city.  In  the  republican  and  early  im- 
perial times,  a  right  of  asylum,  such  as  existed  in 
the  Oreek  states,  does  not  appear  to  have  been 
reoooiised  by  the  Roman  hw.  Livy  seems  to 
gpetk  of  the  right  (xxxr.  51)  as  peculiar  to  the 
Greeks: — Ten^fhrn  ett  Apottmit  DeUum — eo 
Jmne  mmcto  quo  ttaU  tompla  quae  am/la  Graeei  op- 
peBamt.  By  a  constitatio  of  Antoninus  Pius,  it  was 
decreed  that,  if  a  shive  in  a  province  fled  to  the 
temples  of  the  gods  or  the  statoes  of  the  emperors, 
to  avoid  the  iD-usage  of  his  master,  the  praeses 
could  compd  the  master  to  sell  the  slave  (Gains, 
L  53)  ;  ana  the  slave  was  not  regarded  by  die  kw 
as  a  runaway — /iigUims  (Dig.  21.  tit  1.  s.  17. 
M  3 


166 


ATELEIA. 


f  12).  Thit  coDBtitatio  of  Antonimii  if  quoted 
in  Juttixiian'k  Institiites  (1.  tit  8.  a.  2),  with  a 
■light  alteration  ;  the  wotdB  ad  amlem  waanam  are 
tabstitnted  for  ad /ama  deorumj  nnee  the  jni  asyli 
wae  in  his  time  extended  to  chorehei.  Thoee 
•laTes  who  took  lefbge  at  the  ttatne  of  an  em- 
peror were  eonndered  to  inflict  diagnoe  on  their 
master,  as  it  was  reasonably  enpmsed  that  no 
slave  woold  take  snch  a  step,  nnle»  he  had  re- 
ceived very  had  naige  from  his  master.  If  it 
conld  be  proved  that  any  individual  had  instigated 
the  dave  of  another  to  nee  to  the  statae  of  an  em- 
peror, he  was  liable  to  an  action  eom^  tmvL 
(Dig.  47.  tit  11.  s.  5.)  The  right  of  aqrinm 
seems  to  have  been  generally,  bat  not  entirely, 
confined  to  slaves.  (Dig.  48.  tit  19.  s.  28.  §  7. 
Comp.  Osiander,  De  At^  CfaUtUumf  in  Oronov. 
The$aar,  voL  vi  ;  Simon,  Sur  let  Atj^  in  Mim. 
d$  t*Aoad.  df  Inteript.  voL  iiL  ;  Bringer,  De  Aajf- 
hmm  Oripne^  Um^  et  Abum,  Logd.  Bat  1828  ;  C 
Neo,  Ds  At^^  Oott  1887  ;  respectmg  the  ri^ht 
of  asylmn  in  the  churches  under  the  Cbrittian 
emperon^  see  Rein,  Dot  Oriiamalreckt  dtr  HSmtr^ 
p.  896.) 

The  term  krvihia  was  also  applied  to  the  seen- 
ri^  from  plunder  {favKHa  icol  kwt^  y^v  ko)  ttaer^ 
imaaow)^  which  was  sometimes  granted  by  one 
state  to  another,  or  even  to  single  individuals.  (See 
Bdckh,  Cbf7>.  In»onp,  i  p.  725.) 

ATELEIA  (&rcAc(a),  is  ceneially  immunity  or 
exemption  from  some  or  all  the  duties  which  a 
person  has  to  perform  towards  the  state.  Im- 
munities may  be  granted  either  as  a  privilege  to 
the  dtisens  lli  a  state,  exempting  them  from  certain 
duties  which  would  otherwise  be  incumbent  on 
them,  or  they  are  given  as  honorary  distinctions  to 
foreign  kiqgs,  states,  oooununities  or  even  private 
individuals.  With  regard  to  the  hitter  the  ate- 
leia  was  usually  an  exemption  from  custom  duties 
on  the  importation  or  exportation  of  goods,  and 
was  given  as  a  reward  for  certam  goml  services. 
Thus  Croesus  received  the  ateleia  at  Ddphi 
(Herod.  L  54),  the  Deceleans  at  Sparta  (Hezod. 
ix.  73),  and  Leuoon,  the  ruler  of^  Bosporus,  at 
Athens.  (Dem.  e.  lipt,  p.  466,  &c)  It  iqypears 
that  if  a  person  thus  distinguished,  or  a  citizen  of  a 
foreign  community  possessing  the  ateleia,  took  up  his 
residence  in  the  state  which  had  granted  it,  he  also 
enjoyed  other  privileges,  such  as  the  exemption 
from  th^  protection  money,  or  tax  which  resident 
aliens  had  to  pay  at  Athens.  (Harpocrat  s.  o. 
2^oTc\^r)  Nay  this  ateleia  might  even  become 
equivalent  to  the  full  franchise,  as,  e.  j^.  the  Byaan- 
tines  ^ve  the  exemption  fiiom  liturgies,  and  ^e 
franchise  to  all  Athenians  that  might  go  to  Byzan- 
tium. (Dem.  D9  Oanm,  p.  256.)  In  many  m- 
stances  a  partial  ateleia,  or  an  exemption  from 
custom  duties,  was  granted  for  the  purpose  of  en- 
couraging oommerce.  (Theophr.  Oiar,  23 ;  Schol. 
adAHMopk,  IHut.  905,  with  Bdckh*li  remaika,/HiU: 
Earn.  p.  87.)  With  regard  to  the  inhabitants  of  a 
state,  we  must,  as  in  the  case  of  Athens,  again  dis- 
tinguish between  two  classes,  viz.  the  resident 
aliens  and  real  citizens.  At  Athens  all  resident 
aliens  had  to  pay  a  tax  (/trroiiuor)  which  vre  may 
term  protection-tax,  becanse  it  was  the  price  for 
the  protection  they  enjoyed  at  Athens ;  but  as  it 
was  the  interest  of  the  state  to  increase  commerce, 
and  for  that  purpose  to  attract  strangers  to  settle  at 
Athens,  many  of  them  were  exempted  from  this 
tax,  I.  e.  enjoyed  the  Ar^Acw  fAmuciov  (Dem.  c. 


ATHLETAE. 

Arigloer.  pu  691),  and  some  were  even  exempted 
fivm  Gostom  duties,  and  the  property  tax  or  c«r- 
0opd,  from  which  an  Athenian  citizen  oonld  never 
be  exempted.  The  ateleia  enjoyed  by  Athenian 
citizens  was  either  a  general  immnni^  (4rl\«a 
kwdrrmif),  such  as  was  granted  to  persons  irho  had 
done  some  great  service  to  their  country,  and  even 
to  their  descendants,  as  in  the  case  of  Haimodios 
and  Aiistogeiton ;  or  it  was  a  partial  one' eoDemptiiig 
a  person  firam  aH  or  certain  htoigies,  fivni  certain 
custom  duties,  or  from  service  in  the  army.  The 
last  of  these  immunities  was  legally  enjoyed  by  all 
members  of  the  coandl  of  the  Rve  Hundred  (Ly- 
cmg.  e,  Leoer.  11),  and  the  archons  for  tlie  time 
being,  by  the  fiumers  of  the  custom  duties  (Dem. 
0.  iNTeoer.  1853),  and  by  those  who  traded  by  sea, 
although  with  them  the  exemption  must  have  been 
limited.  {SAol  ad  ArnLF^90B^AiAan,  399; 
Suid.  s.  e.  fy!wop6s  cl/u.)  Most  infonaation  re- 
specting the  ateleia  is  derived  from  Demosthenes* 
speech  against  Leptines.  But  oompore  also  Wolf's 
Pra&yosi.  dhi  Ziqa^  p.  Ixxi  &C.;  Bockh, Aifi^fleMi. 
p.  85,  &C. ;  Westermaon,  Be  pMicU  Aikememnmm 
HonorSbm  €t  PruemiU^  pw  6,  &c.  [L.  &] 

ATELLA'NAE  FA^BULAE.  [Comobdia.] 
ATHENAEUM  (A94raioF),  a  scfaool  (U») 
founded  by  the  Empenr  Hadrian  at  Rome,  forthe 
promotion  of  literary  and  scientific  studies  (tapom- 
amm  tirfi'iisi),  and  'called  Athenaeum  from  the  < 
town  of  Athens,  which  was  still  regarded  as  the 
seat  of  intellectaal  refinement  The  Athenaeum  j 
was  situated  on  the  Oapitoline  hilL  It  vras  a  kind 
of  university ;  and  a  staff  of  professors*  for  the 
various  branches  of  study,  was  regulady  engaged.  , 
Under  Theodoaius  II.,  for  example,  thae  were 
three  orators,  ten  gFammarians,  five  sophistB,  one 
philosopher,  two  lawyers,  or  jurisoonsolta.  Besides 
the  instruction  given  by  these  magistri,  poets^  ora- 
tors, and  critics  were  accustomed  to  recite  their 
compositioDs  there,  and  these  prelections  vren  some- 
times honoured  with  the  presence  of  the  cmperon 
themselves.  There  were  other  places  where  sodi 
recitations  were  made,  as  the  Library  of  Tnjan 
[Bibliothbca]  ;  sometimes  also  a  room  'was  hired, 
and  made  into  an  auditorium,  seats  erected.  Sue 
The  Athenaeum  seems  to  have  continoed  in  high 
repute  till  the  fifth  oentniy.  Little  is  known  of 
the  details  of  stady  or  discipline  in  the  AUienaeom, 
but  in  the  constitution  of  the  year  370,  there  are 
some  reguhrtions  respecting  students  in  Rome,  from 
which  it  would  appear  that  it  must  have  been  a 
very  extensive  and  important  institntioii.  And 
this  is  confirmed  by  other  statements  contained  in 
some  of  the  Fathen  and  other  anciflnt  anthon, 
firam  which  we  learn  that  young  men  from  all 
parts,  alter  finishing  their  usual  sdiot^  and  oolite 
studies  in  their  own  town  or  provinoe^  used  to  re- 
sort to  Rome  as  a  sort  of  higher  univeoity,  for  the 
purpose  of  completing  their  educatian.  (Aur.  Vict 
Oaet,  14  ;  Dion  Cass.  IxxiiL  17  ;  Capitslin.  JPmim. 
11,  OonUatt,  Sem.  3  ;  Lamprid.  Aim.  iShmt.  35  ; 
Cod.  Theod.  14.  tit  9.  a.  1.)  [A.  A.1 

ATHLE'TAE  (a6Xirra£,  ^i«\irr%ws),  wm  per- 
sons who  contended  in  the  public  nmes  of  the 
Greeks  and  Romans  for  the  prises  ( A9A«,  whence 
the  name  of  A0Ai|ra(),  which  were  given  to  those 
who  conquered  in  contests  of  agility  and  strength. 
This  name  was,  in  the  later  period  of  Giecnn  his- 
tory and  among  the  Romans,  properly  confined  to 
those  persons  who  entirely  devoted  themselvea  to 
a  course  of  trainhag  which  might  fit  them  to  exoel 


ATHLETAE. 

in  wmtk  cwntritB^  sod  wfaoy  in  Sul,  made  atihletic 
cztftifes  tbeir  pfofeaoioo.     The  athletae  differed, 
tkadoRiy  fitom  the  offomwlae  (crycM^urrol),  who 
mify  pmmed  ^jmnaatie  exerdsea  for  the  sake  of 
iiBpfOTti^  tkeir  healtii  and  bodilj  atrength,  and 
vioy  tkoDcli  ibtj  aometimea  contended  fiir  the 
praea  m  the  pnbiie  gunea,  did  not  derote  their 
wbaikt  firei^  like  the  athletae,  to  preparing  fur 
thcae  eooteata.     In  eaily  times  there  does  not  ap- 
pear to  hftTe  been  any  diatincUon  hetween  the 
atUetae  and  aigonistae  ;  ainoe  we  find  that  many 
indrndaab,  irao  obtained  prizea  at  the  great  na- 
tksHl  gaones  of  the  Orecka,  were  persons  of  con- 
aidexablapdlttical  importance,  who  were  never  con- 
aidered  to  ponme  athletic  ezerdsea  as  a  profession. 
Tb«a  we  xead  that  Phaylloa,  of  Crotona,  who  had 
thrice  conqoered  in  the  Pythian  games,  commanded 
a  Teaad  at  the  battle  of  Salamis  (Herod,  riil  47  ; 
Pan.  X.  9.  §  1)  ;  and  that  Doriena,  ai  Rhodes, 
who  had  obtained  the  prise  in  all  of  the  four  great 
festifala,  waa  cdebcated  in  Greece  liar  his  opposition 
to  the  Atheniana.     (Pans.  Ti  7.  §  1,  2.)     Bat  as 
the  xafiTidnala,  who  obtained  the  prices  in  these 
gaTBiea»  reoerred  great  honours  and  rewards,  not 
«Jy  from  their    £dlow-citizens,    but  also  from 
fore%B  statea,  thoae  persons  who  intended  to  con- 
tend far  the  prizea  made  eztnordinaiy  efforts  to 
pre^an  themaelTea  for  the  contest ;  and  it  was 
aooB  fcand  that,  udess  they  sabjected  themselTes 
to  a  aeveter  oonise  of  training  than  was  afforded  by 
the  ov^nsry  exercises  of  the  gymnasia,  they  wonld 
not  have  any  chance  of  gaining  the  Tictory.    .Thus 
— ~  a  daas  of  individuals,  to  whom  the  term 


ATHLETAE. 


167 


appropriated,  and  who  became,  in 
»  of  time,  the  only  persons  who  contended  in 
the  public  games. 

Athlstae  were  first  introduced  at  Rome^  &  a 
186,  in  the  ^amea  exhibited  by  M.  Fulvius,  on 
the  ooDdorion  of  the  AetoUan  war.  (Liv.  xxzix. 
22.)  Ai»aiii«  Panloa,  after  the  oonqneat  of  Per- 
•eoa^  ac.  167,  is  said  to  hare  exhibited  games  at 
Ajsphipolia,  at  which  athletae  contended.  (LiT.xlv. 
S2.)  A  eerkumm  alUdarmn  (VaL  Max.  ii  4. 
S  7)  waa  alao  exhibited  by  Scaunis,  in  b.  c.  59 ; 
and  aoMMig  the  fazioua  games  with  which  Julius 
Caesar  gratified  the  peopte,  we  read  of  a  contest  of 
athletaes,  which  lasted  for  three  days,  and  which 
waa  exlnlrited  in  a  temporaiy  stedinm  in  the 
Guopaa  Ifartiua.  (Suet  JuL  89.)  Under  the 
RoBwa  onperon,  and  especially  under  Nero^ 
who  was  passionately  fend  of  the  Grecian  games, 
the  mnaber  of  athletae  inoeeaed  greatly  in  Italy, 
GrBBce,  and  Asia  Minor  ;  and  many  inscriptions 
hare  come  down  to  ns,  which 
that  profesrional  athletae  were  rery  nnmer- 
oai,  and  that  they  enjoyed  several  privilegea. 
They  Ibnned  at  Borne  a  kind  of  corporation,  and 
pnasumrt  a  loMoniam,  and  a  common  hall  — 
cons  aCU^temas  (Ordli,  InKrip,  2588),  in  which 
dier  were  accoatomed  to  ddiberate  on  all  matters 
wUdi  had  a  reliaeoce  to  the  interests  of  the  body. 
MTe  fiad  that  they  wese  called  Heradanti^  and 
sbo  a^tHdf  bceaoae  they  were  accustomed  to  ex- 
aoK^  in  winter,  in  a  corered  place  called  xystus 
(Viirar.  tL  10)  ;  and  that  they  had  a  piesident, 
vhi  wii  caDed  ajisTairtat,  and  also  Apx'*P<^- 

Those  athletae  who  conquered  in  any  of  the 
flCstsstioDal  fcstinda  of  the  Gredu  were  called 
litnmeaB  (2Mir««cM),  and  receiTed,  as  has  been  al- 
Mdricmarkedy  the  g;reatest  honours  and  rewards. 


(  eensidered  to  confer  honour 


upon  the  state  to  which  he  belonged  ;  he  entered 
his  native  city  in  triumph,  throngh  a  breach  made 
in  the  walls  for  his  reception,  to  intimate,  says 
Plutarch,  that  the  state  which  possessed  such  a 
citizen  had  no  occasion  for  walls.  He  usually  passed 
through  the  walls  in  a  chariot  drawn  by  four  white 
horses,  and  went  alonff  the  principal  street  of  the 
city  to  the  temple  of  the  guardian  deity  of  the 
state,  where  hymns  of  victory  were  sung.  Those 
games,  which  gave  the  conquerors  the  right  of  such 
an  entrance  into  the  city,  were  called  UdcuHoi 
(from  c{(rcXa^ciK).  This  term  was  originally  con- 
fined to  the  four  great  Grecian  festivals,  the 
Olympian,  Isthmian,  Nemean,  and  Pythian  ;  but 
waa  afterwards  applied  to  other  public  games,  as, 
for  instance^  to  those  instituted  in  Asia  Minor. 
(Suet  Ner,  25  ;  Dion  Cass.  IxiiL  20 ;  Plut  Symp. 
it  5.  §  2  ;  Plin.  Ep.  x.  1 19, 120.)  In  the  Greek 
states  the  victors  in  these  games  not  only  obtained 
the  greatestglory  and  respect,  but  also  substantial 
rewaids.  Tney  were  generally  reCeved  from  the 
payment  of  taxes,  and  also  enjoyed  the  first  seat 
(Tpoc5p(a)  in  all  public  games  aiid  spectacles.  Their 
statues  were  frequently  erected  at  the  cost  of  the 
state,  in  the  most  frequented  part  of  the  city,  as 
the  market-place,  the  gymnasia,  and  the  neigh- 
bourhood of  the  temples.  (Pans.  vi.  13.  §  1,  viL 
1 7.  §  8.)  At  Athens,  according  to  a  law  of  Solon, 
the  conquerors  in  the  Olympic  games  were  re- 
warded with  a  prise  of  500  drachmae,  and  the 
conquerors  in  the  Isthmian,  with  one  <rf  100 
drachmae  (Diog.  La£rt  L  55  ;  Plut  SoL  28)  ; 
and  at  Sparta  they  had  the  privilege  of  fightmg 
near  the  person  of  the  king.  (Plut  Zjfc  22.) 
The  privileges  of  the  athletae  were  preserved  and  in- 
creased by  Augustus  (Suet  Attg,  45)  ;  and  the  fol- 
lowing emperors  ^pear  to  have  always  treated  them 
with  considerable  fiivour.  Those  who  conquered 
in  the  games  called  iselastici  received,  in  the  time 
of  Ttajan,  a  sum  from  the  state,  termed  ofwonta. 
(Plin.  ^.  X.  1 1 9, 120 ;  compare  Vitruv.  ix.  Prae/:) 
By  a  rescript  of  Diocletian  and  Maxim  ian,  those 
athletae  who  had  obtained  in  the  sacred  games 
(som  certamatU^  by  which  is  probably  meant  the 
tMekutid  ludi)  not  less  than  three  crowns,  and  had 
not  bribed  their  antagonists  to  give  them  the  vic- 
tory, enjoyed  immunity  from  all  taxes.  (Cod.  10. 
tit  58.) 

The  term  athletae,  though  sometimes  applied 
metaphoricaUy  to  other  combatants,  was  properly 
limited  to  those  who  contended  for  the  prise  in  the 
five  following  contests  :  —  1.  Rtamitig  {Zp6iuis^ 
r).  2.  WruOing  (vdAif,  bieta),  3.  Boxing 
_(am),  l,'rhepeiii(Uhl4M(ir4irra»\or)^ 
the  Romans  called  it,  qmnouertiuin,  5.  The 
paneraiiitm  {irayKp^riop),  Of  all  these  an  account 
is  given  in  separate  articles.    [Stadium  ;  Lucta  ; 

PUOILATUS  ;       PiNTATHLON  ;       PaNCRATIUM.] 

These  contests  were  divided  into  two  kinds  —  the 
aners  {fiapia^  /Sofr^cpa),  and  the  lit^  (kov^ 
Kov^6r§pd),  Under  the  former  were  included 
wrestling,  boxing,  and  the  exercises  of  the  paacra^ 
tinm,  which  consisted  of  vnrestling  and  boxing  com- 
bined, and  waa  also  called  pammachion  ;  and  under 
the  latter,  running,  and  the  separate  parts  of  the 
pentaUilon,  such  as  kapmg,  throwing  the  discus, 
&e.    (PbttZ4^.viiip.  883,J!0kM^.  p.27i.) 

Great  attention  was  paid  to  the  training  of  the 

athletae.     They  were  generally  trained  in  the 

palaestrae,  which,   in  the   Grecian  states,  were 

distinct  pUMes   firam  the  gymnasia,  though  they 

M  4 


168 


ATIMIA. 


have  been  frequently  confounded  by  modem 
writers.  [Palaestra.]  Their  exercues  were 
superintended  by  the  gymnasiarch  (yvfivaatdpxVf)^ 
and  their  diet  waa  regulated  by  the  aliptes  (&\ctir- 
TTjs).  [Aliptab.]  According  to  Pausanias  (vL 
7.  §  3),  the  athletae  did  not  anciently  eat  meat, 
but  principally  lived  upon  fresh  cheese  (''^f^''  ^'^ 
r&y  raxipwy)  ;  and  Diogenes  La&tius  (viiL  12, 
18)  informs  ns  that  their  original  diet  consisted 
of  dried  figs  ({(Tx^i  liipaTf),  moist  or  new  cheese 
(rvpois  iypoTs),  and  wheat  (Tvpois).  The  eating 
of  meat  by  the  athletae  is  said,  according  to  some 
writers  (Pans.  L  e.\  to  have  been  first  introduced 
by  Dromeus  of  Stymphalus,  in  Arcadia  ;  and,  ac- 
cording to  others,  by  the  philosopher  Pythagoras, 
or  by  an  aliptes  of  that  name.  (Diog.  Lafe'rt  L  e,) 
According  to  Oalen  {De  VaL  Tuend.  iiL  1),  the 
athletae,  who  practised  the  severe  exercises  (JBopctf 
ddAT^ToO,  <^te  po^l^  ^d  ^  particular  kind  of  bread  ; 
and  from  a  remaric  of  Diogenes  the  Cynic  (Diog. 
La^rt.  vL  49),  it  would  appear  that  in  his  time 
beef  and  pork  formed  the  ordinair  diet  of  the 
athletae.  Beef  is  also  mentioned  by  Plato  {De 
Rep.  i.  p.  338)  as  the  food  of  the  athletae ;  and 
a  writer  quoted  by  Athenaeus  (ix.  p.  402,  c.  d.) 
relates  that  a  Theban  who  lived  upon  goats*  flesh 
became  so  strong,  that  he  was  enabled  to  over- 
come all  the  athletae  of  his  time.  At  the  end 
of  the  exercises  of  each  day,  the  athletae  were 
obliged  to  take  a  certain  quantity  of  food,  which 
was  usually  called  Ai'ayKo^xsyla  and  ^Koyicorpo^/a, 
or  filaxos  rpo^  (Arist  PoL  viii.  4)  ;  after  which, 
they  were  accustomed  to  sleep  for  a  long  while. 
The  quantity  of  animal  food  which  some  cdebrated 
athletae,  such  as  Milo,  Theagenes,  and  Astydamas, 
are  said  to  have  eaten^  appears  to  us  quite  incre- 
dible. (Athen.x.  pp.412,413.)  The  food  which 
they  ate  was  usually  dry,  and  is  called  by  Juvenal 
caliphia  (ii.  53). 

The  athletae  were  anointed  with  oil  by  the 
aliptae,  previously  to  entering  the  palaestra  and 
contending  in  the  public  games,  and  were  accus- 
tomed to  contend  naked.  In  the  description  of 
the  games  given  in  the  twenty-third  book  of  the 
Iliad  (/.  685, 710),  the  combatante  are  said  to  have 
worn  a  girdle  about  their  loins  ;  and  the  same 
practice,  as  we  learn  frt>m  Thucydides  (L  6), 
anciently  prevailed  at  the  Olympic  games,  but 
was  discontinued  afterwards. 

This  subject  is  one  of  such  extent  that  nothing 
but  an  outline  can  here  be  given  ;  further  particu- 
lars are  contained  in  the  articles  Isthmia,  Nemea, 
Olympia,  and  Pythia  ;  and  the  whole  subject 
is  treated  most  elaborately  by  Krause,  Die  Gym- 
ncutik  und  AqonisHk  der  Hellenen,  Leipzig,  1841. 

ATHLOTHETAE.    [Aoonothbtab.] 

ATFMIA  {irifUa),  A  citisen  of  Athens  had 
the  power  to  exercise  all  the  rights  and  privileges 
of  a  citizen  as  long  as  he  was  not  suffering  under 
any  kind  of  atimia,  a  word  which  in  meaning 
nearly  answers  to  our  outlawry,  in  as  much  as  a 
person  forfeited  by  it  the  protection  of  the  laws  of 
his  country,  and  mostly  all  the  rights  of  a  citizen 
also.  The  atimia  occurs  in  Attica  as  early  as  the 
legislation  of  Solon,  without  the  terra  itself  being 
in  any  way  defined  in  the  laws  (Dem.  e.  ArU- 
toorai,  p.  640),  which  shows  that  the  idea  con- 
nected with  it  must,  even  at  that  time,  have  been 
familiar  to  the  Athenians,  and  this  idea  was  pro- 
bably that  of  a  complete  civil  death  ;  that  is,  an 
lodividual  labouring  under  atimia,  together  with 


ATIMIA. 

all  that  belonged  to  him  (his  children  as  weD  fts  his 
property),  had,  in  the  eyes  of  the  state  and  the 
laws,  no  existence  at  alL    This  atimia,  ondonbt- 
edly  the  only  one  in  early  times,  may  be  teemed  a 
total  one,  and  in  cases  where  it  was  inflicted  as  a 
punishment  for  any  particular  crime,    was  gene- 
rally also  perpetual  and  hereditary ;  hence  Demo- 
sthenes, in  speaking  of  a  person  sufferings  under  it, 
often  uses  the  expression  KoBdrta^  ArtftoSf  or  SarXj^ 
iiriftSreu  (&  Mid.  p.  542,  c  AriOog.  p.  779,  c  Mid. 
p.  546).     A  detailed  enumeration  of  the  rigbts  of 
which  an  atimos  was  deprived,  is  given  by  Aes- 
chines  (e.  T^march.  pp.  44,  46).     He    was   not 
allowed  to  hold  any  avil  or  priestly  office  what- 
ever, either  in  the  city  of  Athens  itsdf,  or  in  any 
town  within  the  dommion  of  Athens;  he  conld  not 
be  emploved  as  herald  or  as  ambassador  ;  he  could 
not  give  his  opinion  or  speak  either  in  the  public 
assembly  or  in  the  senate,  he  was  not  eren  allowed 
to  appear  within  the  extent  of  the  agora  ;  he  was 
excluded  from  visiting  the  public  sanctnaries  as 
well  as  from  taking  part  in  any  public  sacrifice  ;  he 
could  neither  bring  an  action  against  a  person  from 
whom  he  had  sustained  an  injury,  nor  appear  as  a 
witness  in  any  of  the  courts  of  justice ;  nor  could, 
on  the  other  hand,  any  one  bring  an  action  agiunst 
him.     (Compare  Dem.  o.  Neaer.  p.  1355,  c  Timo- 
crat.  p.  739,  De  Lib.  Rhod.  p.  200,  I^kU^.  lii. 
p.  122,  c.  Mid.  p.  542,   Lys.  c.  Andoa,   pu  222L) 
The  right  which,  in  point  of  fiu^  included  most  of 
those  which  we  have  here  enumerated,  was  that 
of  taking  part  in  the  popuUir  assembly   (X^yeur 
and  ypduptiy).     Hence,  this  one  right  is  moat  fre- 
quently the  only  one  which  is  mentioned  as  being 
forfeited  by  atimia.     (Dem.  c  Timocrat,  pp.  715, 
717;  Aeschin.  c.  Timareh.  p.  54,  &c;   Andocid. 
De  MygL  p.  86  ;  Dem.  c  AndnxL  pp.  602,  604.) 
The  service  in  the  Athenian  armies  was  not  oolj 
regarded  in  the  light  of  a  duty  which  a  citizen 
had  to  perform  towards  the  state,  but  as  a  right 
and  a  privilege ;  of  which  therefore  the  atinsos  was 
likewise  deprived.     (Dem.  c  TimoenU,  p.  715.) 
When  we  hear  that  an  atimos  had  no  right  to 
claim  the  protection  of  the  laws,  when  suffering 
injuries  from  others,  we  roust  not  imagine    that 
it  was  the  intention  of  the  law  to  expose    the 
atimos  to  the  insults  or  ill-treatment  of  his  former 
fellow-citizens,  or  to  encourage  the  people  to  mal> 
treat  him  with  impunity,  as  might  be  inferred  from 
the    expression  ol  irifioi   rov  i$4\otrros   (Plat. 
Cforp.  p.  508) ;  but  all  that  the  Uw  meant  to   do 
was,  that  if  any  such  thing  happened,  the  atimoe 
had  no  right  to  claim  the  protection  of  the  lawa^ 
We  have  above  referred  to  two  laws  mentioned  by- 
Demosthenes,  in  which  the  children  and  the  prnpert  j 
of  an  atimos  were  included  in  the  atimia.     As  re- 
gards the  children  or  heirs,  the  infruny  came  to 
them  as  an  inheritance  which  they  could    not 
avoid.    [Hbrss.]    But  when  we  read  of  the  pro- 
perty of  a  man  being  included  in  the  atimi&,  it 
can  only  mean  that  it  shared  the  kwleas  charac- 
ter of  its  owner,  that  is,  it  did  not  enjoy  the  pro- 
tection of  the  law,  and  could  not  be  mortgaged. 
The  property  of  an  atimos  for  a  positive  crime, 
such  as  those  mentioned  below,  was  probably  never 
confiscated,  but  only  in  the  case  of  a  public  debtor, 
as  we  shall  see  hereafter ;  and  when  Andocidea  (dm 
Myat.  p  36)  uses  the  expression  ftrifioi  j|iray  rh.  a^ 
/xeeroj  rh  8«  xpW^a  «'Xo»'>  Ac  contnuy  which  he 
had  in  view  can  only  have  been  the  case  of  a  public 
debtor.    On  the  whole,  it  appears  to  have  been 


ATIMIA. 

fifip^  to  AthcBisn  notianB  of  juftice  to  cmfiicKto 
tk  prapctj  of  a  perwm  vlio  bad  incnrred  per- 
HBai  atimia  bj  mne  fllega]  act  (Dem.  c  LsfL 
J.  504.) 

Tbe  cnacf  ftr  wiiieh  total  and  petpetual  ati- 

wx  irw  infficted  oo  a  penon  -were  as  loDow :  — 

Tbe  giving  viA  acceptiiy  of  liribea,  the  embecslo- 

Bflit  of  pnUie  money,  mamfeit  pnoA  of  oowardioe 

ia  tk  ddsnce  of  lua  coontiy,  Mae  witoeia,  ftlie 

acccAdoa,  aad  bad  ooadiwt  towards  parenti  (An- 

dpdd.  Z.  c) :  inoceoTcr,  if  a  penon  either  by  deed 

cr  Vt  wd  injored  or  inanlted  a  magiitnte  wh3e 

be  vaf  perfonung  the  duties  of  bis  office  (Dem. 

<::  JIM.  p.  524, /Vv  Afa^olep.  p.  200) ;  if  as  a  tadge 

k  b^  bcoi  g[iiihy  of  partiality  («:  itfiU.  ^  643); 

if  be  ii]«Bdered  avay  his  patonal  inberitsnce,  or 

vasj^tjof  prootitotion  (Diog.  LaSrt.  L  2. 7),  &c. 

We  baTc  above  called  tliis  atimia  perpetual ;  for  if 

a  penon  bad  once  incnzred  it,  he  eoold  scaroely 

rtrx  hope  to  be  lawfoDy  rdeosed  from  it    A  kw, 

eeatioQcd  by  Demostheneo  (e.  TSmoetaL  pi  715), 

ordained  that  the  rplfwaiiy  of  any  kind  ot  atimoi 

i^oold  Denr  be  propoaed  in  the  pablic  assembly, 

2kk»  sa  assembly  consisting  of  at  least  6000 

rdzens  had  prerkmsly,   in    secret    deliberation, 

a^ced  that  soch  might  be  done.    And  even  then 

the  Bstter  could  only  be  discussed  b  so  fiir  as  the 

•sate  snd  people  thooght  proper.     It  was  only  in 

limes  when  the  repnbUc  was  threatened  by  great 

djiiger  that  an  atimoa  might  hope  to  recorer  his 

kMt  i^ti,  sad  in  sadi  circmnstances  the  atimoi 

vere  aoawtnnes  restorod  ea  masse  to  their  former 

ri^ti.    (Xen.  Hdlau  ii  2.  §  11 ;  Andocid.  I  e:) 

A  Mcood  kind  of  atimia,  which  thoagh  in  its 

ettest  s  totsl  one,  lasted  only  nntil  the  person 

object  to  it  fulfilled  those  duties  for  the  neglect 

of  irkick  it  hsd4ieen  inflicted,  was  not  so  much  a 

pnnihswnt  &r  any  particolar  crime  as  a  means  of 

cfxapdling  a  man  to  submit  to  the  laws.    This  was 

the  adsas  of  pablic  debtors.    Any  citizen  of  Athens 

wbo  owed  money  to  the  public  treasury,  whether 

bia  debt  snse  from  a  fine  to  which  be  had  been 

axtdeimed,  or  fiom  a  port  he  had  taken  in  any 

Biurk  of  the  administration,  or  from  his  having 

pledsed  bimsdf  to  the  republic  for  another  person, 

«aa  m  s  state  of  total  atimia  if  he  refused  to  pay  or 

asld  not  pay  ^  sum  which  was  due.    His  chil- 

ilres  daring  his  lifetime  were  not  included  in  his 

atiala ;  they  nanained  iwlrifMi.  (Dem.  c  TVoerm. 

pi.  1321)    If  he  pcrserered  in  his  refusal  to  pay 

bcTond  the  time  of  the  ninth  prytany,  his  debt 

VM  doabled,  and  his  property  was  taken  and  sold. 

(Aadodd.  L  c;   Dem.  e.  Nicottrat,  pi  1255,  e. 

A'eoer.  pi  1347.)    If  the  sum  obtained  by  the 

de  «ss  mffident  to  pay  the  debt,  the  atimia 

»pean  to  have  ceased  ;  but  if  not,  the  atimia  not 

«i1t  oontimied  to  tbe  death  of  the  public  debtor, 

bet  «as  inherited  by  bia  heirs,  and  lasted  uutil  the 

debt  wsi  paid  off.     (Dem.  c  AndroL  p.  603,  com- 

pxe  Bdckh,  FmtL  Earn.  </  Athemt,  p.  391,  2d 

edit. ;  sad  HxRXS.)     This  atimia  for  public  debt 

«u  sometimes  aecompanied  by  imprisonment,  as 

ia  tbe  case  of  Aldbiades  and  Cimon  ;  but  whether 

is  neb  a  ease,  on  the  death  of  the  prisoner,  bis 

cbddRB  woe  likewise  imprisoned,  is  uncertain. 

If »  penon  living  in  atimia  for  public  debt  peti- 

tned  to  be  released  from  his  debt  or  his  atimia, 

be  became  subject  to  Mtt^u:  and  if  another  per- 

m  BHde  the  attempt  fior  hhn,he  thereby  forfeited 

b  own  property  ;  if  the  proedros  even  Tcntured 

lo  pot  tlw  qiiettiaB  to  the  Tote,  he  himself 


ATIMIA. 


ie» 


The  only  but  ahnost  hnpneticable  node 
of  obtainmg  rdease  was  that  mentiooed  above  m 
oonneetion  with  the  total  and  peqietual  atimia. 

A  third  and  only  partial  kind  of  atimia  deprived 
the  person  on  whooi  it  was  inflicted  only  of  a  por- 
tion of  his  righto  as  a  dtiaen.  (Andocid.  d»MftL 
p.  17  and  86.)  It  was  called  the  knitU  mtrrk 
rp69ra^ip,  bccanse  it  was  specified  in  erery  smsle 
case  whatparticttlar  right  was  forfeited  by  Uie 
atimoa.  The  fiollowing  cases  an  eapiesslT  men- 
tioned : — If  a  man  came  forward  as  a  pnUic  ac- 
cuser, and  afterwards  either  dropped  the  charge  or 
did  not  obtain  a  fifth  of  the  votes  in  favour  of  his 
aocnsation,  he  was  not  only  liable  to  a  fine  of 
1000  drachmae,  but  was  snbjected  to  an  atania 
which  deprived  hmi  of  the  right,  in  future,  to  ap- 
pear as  accuser  in  a  case  of  the  same  nature  as 
that  in  which  he  had  been  deioated  er  which  he 
had  giren  up.  (Dem.  e,  Ariatog,  p.  80S ;  Har- 
pociat  s. «.  hAomf  'mfi)  If  his  aecnsation  had 
been  a  7P"^  ao'etfcfor,  he  also  lost  the  r^ht  of 
risiting  particular  temples.  (Andodd.  <ls  ilfja^  p^ 
17.)  Some  cases  are  also  mentioned  in  which  an 
accuser,  though  he  did  not  obtam  a  fifth  of  tlie 
Totes,  vras  not  subjected  to  any  nonishment  what- 
ever. Such  was  the  case  in  a  chai^ge  brought  be- 
fore the  first  archon  respecting  the  ill-treatment  of 
parents,  orphans,  or  heiresses.  (Meier,  i^eBoii. 
DammaL  p.  138.)  In  other  cases  the  accuser 
vras  merely  subject  to  the  fine  of  1000  diachmae, 
without  incurring  anT  degree  of  atimia.  (Pollux, 
viiL  53.)  But  Uie  law  does  not  ^ypear  to  bare 
always  been  strictly  observed.  (Bfickb,  FmbL 
Eeom,  ofAAmty  u,  381,  2d  ed.)  Andocides  men- 
tions some  other  kinds  of  partial  atimia,  but  they 
seem  to  hare  had  only  a  temporary  application  at 
the  end  of  the  Pdoponnesian  war ;  and  the  pas- 
sage {De  MytL  p.  36)  is  so  obscure  or  corrupt, 
that  nothing  can  be  ii^erred  from  it  irith  any  cer- 
tainty. (Wacbsmuth,  HdUn,  AUertk,  toI  ii  p. 
198,  2d  ed.)  Partial  atimia,  when  onoe  inflicted, 
lasted  during  the  whole  of  a  man^  life. 

The  children  of  a  man  who  had  been  put  to 
death  by  tbe  law  were  also  atimoi  (Dem.  &  Aria- 
tog,  p.  779 ;  compare  Hkrbs)  ;  but  the  nature  or 
duration  of  this  atimia  is  unknown. 

If  a  perMD,  under  whatever  kind  of  atimia  he 
was  labouring,  continued  to  exercise  any  of  the 
rights  which  be  had  forfeited,  he  might  immedi- 
ately be  subjected  to  dswyery^  or  &3«i{fr  •  and  if 
his  transgression  vras  proved,  he  might,  vrithout 
any  further  proceedings,  be  punished  immediatdy. 

The  offences  which  were  punished  at  Sparta 
with  atimia  are  not  as  vrell  known  ;  and  in  many 
it  does  not  seem  to  have  been  expressly 
mentioned  by  the  law,  but  to  bare  depended  en- 
tirely upon  public  opinion,  whether  a  perMU  was 
to  be  considered  and  treated  as  an  atimos  or  not. 
In  general,  it  appears  that  erery  one  who  refused 
to  uve  aonirding  to  the  national  institutions  lost 
the  righto  of  a  full  dtiien  (S/uuos^  Xenoph.  de 
Rq>,  Laead,  x.  7 ;  iiL  8).  It  was,  howerer,  a 
positive  law,  that  whoeyer  did  not  give  or  could 
not  g^ve  his  contribution  towards  the  syssitia,  lost 
his  righto  as  a  dtisen.  (Aiistot  PM,  iL  6.  p. 
59,  ed.  GMtttling.)  The  highest  degree  of  mfimiy 
feQ  upon  the  coward  {rf4vas)  who  either  ran  away 
from  the  field  of  battie,  or  returned  home  irithont 
the  rest  of  the  army,  as  Aristodemus  did  after  the 
battle  of  Thermopylae  (Herod.  riL  231),  though 
in  this  case  the  infemy  ilKlf^  as  well  as  ito  hnmi* 


170 


ATLANTE& 


liatbg  oonieqiifliioet,  were  manifettly-  the  mere 
effect  of  public  opinion,  and  lasted  untU  the  person 
labouring  imder  it  distinguished  himself  by  some 
signal  exploit,  and  thus  w^>ed  off  the  stain  from 
his  name.  The  Spartans,  who  in  Sphacteria  had 
surrendered  to  the  Athenians,  were  punished  with 
a  kind  of  atimia  which  deprived  them  of  their 
claims  to  public  offices  (a  punishment  common  to 
all  kinds  of  atimia),  and  rendered  them  incapable 
of  making  any  bwful  purchase  or  sale.  After- 
wards, howerer,  they  recorered  their  rights. 
(Thuc.  T.  84.)  Unmarried  men  were  also  sub- 
ject to  a  certain  degree  of  infiuny,  in  so  fiir  as  they 
were  deprived  of  the  customary  honours  of  old  age, 
were  excluded  frvm  taking  part  in  the  celebration  of 
certain  festivals,  and  occuionally  compelled  to  smg 
defiunatory  songs  against  themselves.  Ko  atimos 
was  allowed  to  marry  the  daughter  of  a  Spartan 
citiscn,  and  was  thus  compelled  to  endure  the 
ignominies  of  an  old  bachelor.  (Plut  AguSL  30; 
MUHer,  Dor,  iv.  4.  §  8.)  Although  an  atimos  at 
Sparta  was  subject  to  a  great  numy  painful  restric- 
tions, yet  his  condition  cannot  be  caUed  outlawry ; 
it  was  rather  a  state  of  in&my  property  so  called. 
Even  the  atimia  of  a  coward  cannot  be  considered 
equivalent  to  the  civil  death  of  an  Athenian  atimos, 
for  we  find  him  still  acting  to  some  extent  as  a 
citixen,  though  always  in  a  manner  which  made 
his  infhmy  manifest  to  every  one  who  saw  him. 

(Lelyveld,  De  Tnfwmia  em  Juf  Attieo^  Amstelod. 
1835  ;  Wachsmuth,  Hellen,  AUerlh,  &c.  vol.  il  p. 
195,  &&,  2d  edit ;  Meier,  De  Bcmt  DasnncU.  p. 
101,  &C. ;  SchSmann,  De  ComiL  AA,  p.  67,  && 
transl. ;  Hermann,  Polit.  Ant.  of  Cfreeoi^  §  124 ; 
Meier  und  Schtfmann,  AiL  Proc  p.  563.  On  the 
Spartan  atimia  in  particukr,  see  Wachsmuth,  Ac, 
vol.  il  p.  155,  Ac,  2d  ed. ;  Miiller,  Dor,  ul  10. 

ATLANTES  (ArXorrsf)  and  TELAMO'NES 
(r«^fl^u»KCf),  are  terms  used  in  architecture,  the 
former  by  the  Gre^  the  latter  by  the  Romans, 
to  designate  those  male  figures  which  are  sometimes 
fancifully  used,  like  the  female  Caryatidea^  in  place 
of  colunms  (Vitmv.  vl  7.  §  6,  Schneid.).  Both 
words  are  derived  from  tXijwu,  and  the  fixrmer 
evidently  refers  to  the  fikble  of  Atlas,  who  sup- 
ported the  vault  of  heaven,  the  latter  perkapt  to  the 
strength  of  the  Telamonian  Ajax. 

The  Greek  arehitects  used  such  figures  sparingly, 
and  generally  with  some  adaptation  to  the  character 


ATRAMENTUM. 

of  the  building.  They  were  much  more  frody  iimi 
in  tripods,  thrones,  and  so  forth. 

They  were  also  applied  as  ocnaments  to  the  aide 
of  a  vessel,  having  the  appearance  of  supporting  tb 
upper  works ;  as  m  the  sh^  of  Hiere,  oeacrib^  b; 
Athenaeus  (v.  p.  20&  b). 

A  representation  of  such  figures  is  given  in  th< 
preceding  woodcut,  copied  from  the  iapidarium  h 
the  baths  at  Pompeii :  another  example  of  them  ii 
in  the  temple  of  Jupiter  Olympius  at  Agrigentom. 

(Miiller,  Arck&oL  d.  Kunsl,  §  279 ;  Manch,  du 
Grieck,  «.  Ronu  BcuhOrdmu^/ei^  p.  88.)       [P.  &] 

ATRAMENTUM,  a  term  applicable  to  anj 
black  colouring  substance,  for  whatever  purpose  it 
may  be  used  (Plant  MotUXL  L  3. 102 ;  Cic.  <2fl 
NaL  Deor.  u.  50),  like  the  fi/Aoy  of  the  Greeks. 
(BenL  de  Cor,  p.  313.)  There  were,  however, 
tnree  principal  kinds  of  atramentnm,  one  called 
Ubroxium^  or  wrtf/bonum  (m  Greek,  ypwpuAm 
tUKaar\  another  called  sutoriifM,  the  third  teetarmmu 
AtramMbsm  librarhm  was  what  we  call  writing- 
mk.  (Hor.  Ep,  ii.  1.  236 ;  Petnm.  102;  Cic  od 
Qia,  Pr,  ii.  15.)  Atramenium  sutorium  was  used 
by  shoemakers  for  dyeing  leather.  (Plin.  H.  N. 
xxxiv.  12.  s.  32.)  This  airamentum  mUoritim  con- 
tained some  poisonous  ingredient,  such  as  oil  of 
vitriol ;  whence  a  person  is  said  to  die  of  atiamen- 
tum  sutorium,  that  is,  of  poison,  as  in  Cicero  (oi 
Fam.  ix.  21.)  Atrammlum  UcUjtutm^  or  jpidorimm^ 
was  used  by  painters  for  some  purposes,  apparently 
as  a  sort  of  varnish.     (PliiL  H,  N,  xxxvi.  5.  s.  25, 


&C.)  The  Scholiast  on  Aristophanes  (PImL  277) 
says  that  the  courts  of  justice,  or  HucaarHipta,  in 
Athens  were  called  each  after  some  letter  of  the 
alphabet :  one  alpha,  another  beta,  a  third  gamma, 
and,  so  on,  and  that  against  the  doors  of  each 
BucaurHipioy^  the  letter  which  belonged  to  it  was 
written  mffipv  fiJi/H^Leeri,  m  *•  rea  ink."  This  "  red 
ink,"  or  "  red  dve,**  could  not  of  course  be  called 
atiamentum.  Of  the  ink  of  the  Greeks,  however, 
nothing  certain  is  known,  except  what  may  be 
gathered  from  the  passage  of  Demosthenes  above 
referred  to,  which  will  be  noticed  again  below. 
The  ink  of  the  Egyptians  was  evidenuy  of  a  very 
superior  kind,  since  its  colour  and  brightness  re- 
main to  this  day  in  some  specimens  of  papyri 
The  initial  characters  of  the  pages  are  often  written 
in  red  ink.  ^  Ink  among  the  lUmans  is  first  found 
mentioned  in  the  passages  of  Cicero  and  Plautni 
above  referred  to.  Pliny  informs  us  how  it  was 
made.  He  says,  **  It  was  made  of  soot  in  various 
ways,  with  burnt  resin  or  pitch :  and  for  this  pur* 
pose,*^  he  adds,  ^  they  have  built  furnaces,  which 
do  not  allow  the  smoke  to  escape.  The  kind  most 
commended  is  made  in  this  way  horn  pine- wood : 
— It  is  mixed  with  soot  from  the  furnaces  or  baths 
(that  is,  the  hypocansts  of  the  baths) ;  and  this 
they  use  ad  volumma  eeribenda.  Some  also  make 
a  kind  of  ink  by  boiling  and  straining  the  lees  of 
wincj^ftc.  (Plm.  ^.  J\r.  xxxvl  5.  s.  25.)  With 
this  account  the  statements  of  Vitmvins  (viL  10. 
p.  197,  ed.  Schneider)  in  the  main  agree.  The 
black  matter  emitted  by  the  cuttle-fish  (mpia), 
and  hence  itself  called  aepiOf  was  also  used  for 
atramentum.  (Cic.  de  NaL  Deor,  ii  50 ;  Perrios, 
SaL  ill  12, 1 3 ;  Ausonius,  iv.  76.)  Aristotle,  how- 
ever, in  treating  of  the  cuttle-fish,  does  not  refer 
to  the  use  of  the  matter  (3o^f)  which  it  emits,  si 
ink.  (Aelian,  H,A,L  84.)  Plmy  observes  (xxrii. 
7.  s.  28)  that  an  infusion  of  wormwood  with  ink 
preserres  a  manuscript  from  mice.    On  the  wholes 


ATRAlfENTUH. 

pohipii  it  WMj  be  mid  timt  tlie  inks  of  the  an- 
dmu  were  nan  dnrnl>1e  than  our  own ;  thaA  they 
voe  tfaidcr  and  mace  anctaona,  in  labatance  and 
dmbOitf  Bote  n  aiaiiMiag'  the  ink  new  naed  by 
fnnen.  An  bikataml  was  diMovend  at  Hercn- 
koeara,  wrtaining  ink  as  thick  as  oil,  and  still 
wyefarwritmg. 

It  wooU  ^peer  also  that  this  gmnmy  duuaeter 
if  Ifce  iak,  pwfentlug  it  from  nnming  to  the  point 
tf  the  pen,  waa  aa  much  comphuned  of  by  ib»  an- 
deat  RoBOBis  aa  it  ia  by  ooiwlTes.  Penias  {SaL 
m.  12)  iqaesmla  b  fcppiah  writer  sitting  down  to 
(oBipQie,  baty  aa  the  idias  do  not  ran  freely, — 

**  Tone  qBiritar,craaBiia  calamo  qnod  pendeat  humor; 
Nigra  ((aod  inloan  Tanetoat  k^  lympha.*' 

They  abe  added  wtcr,  as  we  do 

tkisiL 
Fraa  a  phaaae  naed  by  DanostheBes,  it 

ajipear  as  if  the  eolonring  ingradimt  was  obtained 

^  nbhiog  fmn  aome  aolid  sobstaaoe  (t^  /d\aM 

TflCtv,  iSbl  dlff  Cbr.  pL  313),  pohaps  much  aa  we 

nb  IndiaB  ink.     It  is  |aebable  that  there  were 

Booj  ways  of  eolonring  mk,  especially  of  diffietent 

aWk    Red  ink  (made  of  aiiai'ifst,  Tennilion) 

w  and  far  writing  vie  titlea  and  bBgiiimngs  of 

booki  (0?id,  TVuC  I.  1.  7),  so  also  was  ink  made 

<4niiriDa,*'iedoehre**  (Sidon.  irii  12);  and  be- 

IBM  the  headings  of  lonot  were  written  wiUi  ndnbo, 

the  wwd  lahric  came  to  be  naed  for  the  ciril  law. 

iS^aaoL  xiL  9y)    So    aUmm,  a  white  or  whited 

tiUe,  on  which  the  paaeton*  edicts  wen  written, 

«u  and  in  a  similar  way.    A  penon  devoting 

te—dftoirfliBi  and fwftrfeai, was aporson devoting 

^BBHlftothekw.    [Album.]    There  was  also  a 

Toy  exporiTe  red-colomed  mk  with  which  the 

CBfcror  seed  to  write  bia  ngnatnre,  bat  which  any 

«e  eke  wss  by  an  edict  (Cod.  1.  tit  23.  a,  6) 

MM^  to  Qfe,  excepting  the  sone  or  near  rela- 

tiooiaf  the  cmperar,  to  whom  the  pririlege  was  ez- 

prariyginted.   Butt  if  the  emperor  was  imder  age^ 

ka  iMrjinand  a  men  ink  for  writing  his  eigoa- 

*■«•  (lfontftpBeon,#^la0O^.p.3.)    OnthehaimerB 

>f  CamB  there  were  jmvpii   lettere  —  founiA 

jHwB^fc    (Dian  Caas.  zL  1&)    On  piDan  and 

"wsBwti  lettcn  of  gold  and  silver,  or  letten 

c"va«d  with  gilt  and  aflyer,  were  sometinies  used. 

(Cic  rmr.  tr.  27;  Soet  Aw^  7.)    In  writing  also 

^  am  done  at  a  later  poood.    SnetoniDB  (Ner. 

H)  ayt,  that  of  the  poems  which  Nero  recited  at 

«e  Qoe  part  was  written  in  gold  (or  gilt)  letters 

(m«  Uaeri9\  and  eonseoated  to  Japiter  Gapi- 

^^Bam.    TUs  kind  of  ilfamunated  writing  waa 

MR  fnctirtd  afterwards  in  religioos  oompooitians, 

^ich  were  eoniideied  as  woruiy  to  be  arritten 

2^«**w  et  gold  (ss  we  eay  even  now),  and  there- 

■R  aoa  actBally  written  lo.     Something  like 

^m  wt  oSi  lympathetic  ink,  which  is  invisible 

r^^**^«  Mxae  pfeparation  be  applied,  appears  to 

^elmaaotnaeammon.    So  Ovid  (^K.  ^ai.  iii 

"V*  ^)  "driiei  writing  love-letten  with  fresh 

"»n^  ^rtieh  woaU  be  nnreadaUe,  mtil  the  letters 

*««  ^piinkled  with  coal-dnat.    Ansonios  {BpisL 

|^'^21)jiTei the eame  direction.    Pliny  (xzvi 

y)  "tPMi  that  the  milky  mp  contained  in  lome 

funia  Bight  be  seed  in  the  mme  wi^. 

A.  ijrtttd  (»«etoi^,  fi^MMx^,  Polhir,  IV. 
»^t.S9)vaieitlMrsii^or doable.  Thedoable 
^^^^  VCR  pohahly  intended  to  eontam  both 
«r2  ^  ^  ^  maA.  in  the  modem  frshion. 
^■cy  awe  lbs  «f  %uioas  shapca,  as  €ar  example, 


ATTICUROBS. 


171 


round  cr  hexagonal.  They  had  ooveta  to  keep  the 
dust  from  the  ink.  The  annexed  cats  represent 
inkstands  fMind  at  Pompeii  [Ci.lajcus.j  (Cane- 
paiios,  JMAirammitit  cyasgeg  Gmeru^  Lond.  1660; 
Beckinann,  Hittory  of  IweaUunu^  vol  L  p^  106, 
vol  iL  pb  266,  London,  1846 ;  Becker,  C%ankl€^ 
vol  ii  p.  222,  Ac,  Mhw,  vol  L  p.  166,  &&) 

[A.A.J 


A'TRIUM  is  used  in  a  distinctive  as  well  as 
copective  sense,  to  designate  a  particular  part  in  the 
private  houses  of  the  Romans  [Domus],  and  also 
a  dass  of  public  buildings,  so  called  from  their 
general  resemblance  in  construction  to  the  atrium 
of  a  private  house.  There  is  likewise  a  distinction 
between  atrium  and  area;  the  former  being  an 
open  area  surrounded  by  a  colonnade,  whflst  the 
latter  had  no  such  ornament  attached  to  it  The 
atrium,  moreover,  waa  sometimes  a  buildinff  by  it- 
self^ resembling  in  some  respects  the  open  basilica 
[Basilica],  but  consisting  of  three  sides.  Such 
was  the  Atrium  Publicum  in  the  capitol,  which, 
Idvy  informs  us,  was  struck  with  lightning,  b.  a 
214.  (Liv.  xziv.  10.)  It  was  at  oUier  times  at- 
tached to  some  temple  or  other  edifice,  and  in  such 
ease  consisted  of  an  open  area  and  suirounding 
portico  in  front  of  the  structure,  like  that  before 
the  church  of  St.  Peter,  in  the  Vatican.  Several 
of  these  buildinn  are  mentioned  by  the  ancient 
historians,  two  of  which  were  dedicated  to  the  same 
^deos,  Libertas ;  but  an  account  of  these  build- 
ings belongs  to  Roman  topognphy,  which  is  treated 
of  in  the  Dictiomaiy  qfCfe^rapJ^.  [A.  R.] 

ATTICURGES  C^rrucovpy4s^  te  Oe  Attio 
atgU\  is  aa  architectural  term,  which  only  occura 
in  Vitravius  (ill  5.  §  2,  iv.  6.  §§  1.  6,  Schn. :  as 
a  common  adjective,  the  word  only  occurs  in  a 
fragment  of  ^  Menander,  Na  628,  Meineke).  The 
word  is  eridently  used  not  to  describe  a  distinct 
order  of  architecture,  but  any  of  those  variations 
which  the  genius  of  the  Athenian  architects  made 
iqMm  the  established  forms.  In  the  former  pas- 
sage, Vitzuvios  i4>plies  it  to  a  sort  of  base  of 


a  ednmn,  which  he  describes  as  consisting  of  two 
tori  divided  by  a  sootfa  or  troddh^  with  a  fiUet 


172  AUCTIO. 

above  and  below,  and  beneath  all  a  pfhUh:  bnt 
in  several  of  the  beat  example*  the  plinth  is 
wanting.  (For  the  exact  pn>portion«,  see  VitruTiiu.) 
This  form  of  base  seems  to  have  been  originally 
an  Athenian  simplification  of  the  Ionic  base  ;  bat 
it  was  afterwards  used  in  the  other  orders,  especi- 
ally the  Corinthian  and  the  Roman  Doric  ;  and  it 
is  0800117  r^arded  as  being,  from  its  simple  ele- 
gance, the  most  generally  i^licable  of  all  the 
bases  [Spxba]. 

In  the  second  of  the  passages  above  referred  to, 
Vitruvins  applies  the  term  Attiauyes  to  a  particular 
form  of  door-way,  but  it  differed  very  little  from  that 
which  he  designates  as  the  Doric :  in  fact,  though 
Vitruvins  enumerates  three  kinds  of  doarways  to 
temples,  the  Doric,  Ionic,  and  Attic,  we  only  find 
in  the  existing  building  two  reiUly  distinct  forms. 
(Mauch,  di$  Grieek,  u.  Rom.  Bcm-Ordnungm, 
p.  97.)  According  to  Pliny  {H,N,  xxxvl  23. 
s.  56)  square  pillus  were  called  AUioae  ooUnm- 
mae,)  [P.S.] 

AU'CTIO  signifies  generally  **  an  increasing,  an 
enhancement,**  and  hence  the  name  is  applied  to  a 
public  sale  of  goods,  at  which  persons  bid  against 
one  another.  The  term  audio  is  general,  and  com- 
prehends the  species  awcftb,  honorum  emtio  and 
aectU),  As  a  species,  omcHo  signifies  a  public  sale 
of  goods  by  the  owner  or  his  agent,  or  a  sale  of 
goods  of  a  deceased  person  for  the  purpose  of  di- 
viding the  money  among  those  entitled  to  it,  which 
was  called  audio  herediiaria,  (Cic.  Pro  Oaedn.  5.) 
The  sale  was  sometimes^  conducted  by  an  argen- 
tarius,  or  by  a  magister  auctionis  ;  and  the  time, 
place,  and  conditions  of  sale,  were  announced 
either  by  a  public  notice  (tabtUa,  albums  &c.),  or 
by  a  crier  (praeoo). 

The  usual  phrases  to  express  the  giving  notice 
of  a  sale  are  audionem  prosenberey  praedioare;  and 
to  determine  on  a  sale,  awtionem  eotutituere.  The 
purchasers  (mniores),  when  assembled,  were  some- 
times said  ad  talmlam  adesse.  The  phrases  signi- 
fying to  bid  are,  Uoerij  lidiari,  which  was  done 
either  by  word  of  month,  or  by  such  significant 
hints  as  are  known  to  all  people  who  have  attended 
an  auction.  The  property  was  said  to  be  knocked 
down  (addiei)  to  the  purchaser  who  either  en- 
tered into  an  engagement  to  pay  the  money  to 
the  ar^ntarius  or  magister,  or  it  was  sometimes  a 
condition  of  sale  that  there  should  be  no  delivery  of 
the  thing  before  payment  (Gains  iv.  126  ;  Actio, 
pp.  9, 10.)  An  entry  was  made  in  the  books  of  the 
aigentarius  of  the  sale  and  the  money  due,  and 
credit  was  given  in  the  same  books  to  the  purchaser 
when  he  paid  the  money  {eaepema  pecuma  Uxta^ 
aooepta  relata).  Thus  the  book  of  the  aigentarius 
might  be  used  as  evidence  for  the  purchasier,  both 
of  his  having  made  a  purchase,  and  having  paid  for 
the  thing  purchased.  If  the  money  was  not  paid 
according  to  the  conditions  of  sale,  the  aigentarius 
could  sue  for  it. 

The  praecQ,  or  crier,  seems  to  have  acted  the  part 
of  the  modem  auctioneer,  so  for  as  calling  out  the 
biddings  (Cic.  De  Offic  ii.  23),  and  amusing  the 
company.  Slaves,  when  sold  by  auction,  were 
placed  on  a  stone,  or  other  elevated  thing,  as  is 
sometimes  the  case  when  slaves  are  sold  in  the 
United  States  of  North  America  ;  and  hence  the 
phrase  hnno  de  Japide  emhu^  It  was  usual  to  put 
up  a  spear,  kada^  in  auctions,  a  symbol  derived,  it 
is  said,  from  the  ancient  practice  of  selling  under 
a  spear  the  booty  acquired  in  war.    Hence  the 


AUCTOR. 
sub  hasta  Tendere**  (Cie.  De  Qf!  iL  8) 


pab- 


phrase 

signified  an  auction.  The  expresaioa 
bUca  **  is  now  used  in  Italy  to  signify 
the  expression  is  **  vendere  all*  asta  pubUica,**  or 
*'  vendere  per  subasta.**  By  the  auction  the  Quiii- 
tariaa  ownership  in  the  thing  sold  -wmm  trans- 
ferred to  the  purchaser.  LBonorum  Emtio  ;; 
Sbctio.]  [G.  Lu] 

AUCTOR,  a  word  which  oontains  the  aame 
element  as  omg-eo^  and  signifies  meially  one  who 
enlarges,  oonfirms,  or  gives  to  a  Siing  its  complete- 
ness and  efiSdent  form.  The  numennu  technical 
significations  of  the  word  are  derivable  from  this 
general  notion.  As  he  who  gives  to  a  thin^  that 
which  is  necessary  for  its  completeness,  may  ux  this 
sense  be  viewed  as  the  chief  actor  or  doer,  the 
word  auctor  is  also  used  in  the  sense  of  one  who 
originates  or  proposes  a  thing ;  but  this  cannot  be 
viewed  as  its  primary  meaning.  Aococdingl  j,  the 
word  auctor,  when  used  in  connection  with  lex  or 
senatus  consoltnm,  often  means  him  who  originates 
and  proposes,  as  appears  from  numerooa  paaaages. 
(Liv.  vi  86 ;  Cic  Pro  Dom,  c.  30.)  When  a 
measure  was  approved  by  the  senate  befiire  it  was 
confirmed  by  the  votes  of  the  people,  the  senate 
were  said  audores  /ieri,  and  this  jveliminary  ap- 
proval was  called  aembu  amdorita$,  (Cic.  Brmtusj 
C.14.) 

The  expressions  "  patres  anctores  fiont,^*  **  pa- 
tres  auctores  iacti,**  have  given  rise  to  much  dis- 
cussion. In  the  earlier  periods  of  the  Roman 
state,  the  word  **  patres  **  was  equivalent  to  **  pa- 
tricii ;  **  in  the  later  period,  when  Uie  patricians  had 
lost  all  importance  as  a  political  body,  the  term 
patres  signified  the  senate.  But  the  wiiters  of 
the  age  of  Cicero,  when  q)eaking  of  the  early 
periods,  often  used  the  word  patres,  when  tfaej 
might  have  used  patricii,  and  thus  a  confasian 
arose  between  the  early  and  the  later  signification 
of  the  word  patres. 

The  expression  ^  patres  anctores  fiunt  ^  means 
that  the  determinations  of  the  populus  in  the  comitia 
oenturiata  were  confirmed  by  the  patricians  in  the 
comitia  curiata.  To  explain  this  fiilly,  as  to  the 
earliest  periods,  it  is  necessary  to  show  what  the 
Ux  curiata  de  imperio  was. 

After  the  comitia  curiata  had  elected  a  king 
(creoet^),  the  king  proposed  to  the  same  body  a 
Ux  curiata  de  imperio.  (Cic.  De  Rqp.  iL  13,  17,  1 8, 
20.)  At  first  it  might  appear  as  if  there  were 
two  elections,  for  the  patricians,  that  is  the  po- 
pulus, first  elected  the  king,  and  then  they  had 
to  vote  again  upon  the  imperium.  Cicero  {De  />^. 
Agr.  iL  11)  explains  it  thus — that  the  popnlus  had 
thus  an  opportunity  to  reconsider  their  Tote  (rv- 
prehendendi  potesfat).  But  the  chief  reason  was 
that  the  imperium  was  not  conferred  by  the  bare 
election,  and  it  was  necessary  that  the  king  should 
have  the  imperium :  consequently  there  must  be  a 
distinct  vote  upon  it  Now  Livy  says  nothing  of 
the  lex  curiata  in  his  first  book,  but  he  uses  the 
expression  ^  patres  auctores  fierent,**  **  patres  anc- 
tores fiu:tL**  (Liv.  i  17,  22,  32.)  In  this  sense 
the  patres  were  the  **  auctores  oomitiorum,**  an  ex- 
pression analqgous  to  that  in  which  a  tutor  is  said  to 
be  an  auctor  to  his  pupillus.  In  some  passages  the 
expression  '^  patricii  auctores  **  is  used,  •whidi  is  an 
additional  proof  that  in  the  expression  ^  patres 
auctores,**  the  patrician  body  is  meant,  and  not  the 
senate,  as  some  have  supposed. 
Cicero^  in  the  passages  quoted,  does  not  use  the 


AUCTOR. 

I  ■nctoreg  fioniy**  nor  does  Lhy, 
a  th«  jmmfgea  qooted,  apetk  of  the  lex  coriata  de 
'mftaa.  But  thcj  wpemk.  off  t]ie  ■me  thing,  thoiwh 
th<7  ese  diftrant  expnaaioBi.  This  exphuos  why 
DuayHos  semetiDMe  usee  an  expRssion  eqmmlent 
tD  *  f  iiicu  netoRs  fianti*'  fot  patncii  of  ooune 
■Mffls  the  tmnmt,  and  not  the  senate.  (Antiq. 
Atek  ii  60,  tL  90.) 

Till  the  tine  of  Serriiu  TaDinfl  there  were  on]y 
the  camitia  ODnata,  which,  as  ahead  J  expbuned,  fint 
fkttti  a  fcing^  and  then  bj  another  Tote  confened 
tbe  iunieiiuaL  The  imperiom  oonld  only  be  eon- 
Knee  on  a  detamunate  pereon.  It  was,  therenve, 
iwrfiiyto  detafmlne  fint  who  was  to  be  the  per- 
•QB  vfao  was  capable  of  reeeiTing  the  imperiom  ; 
aad  thss  these  were  two  aepasate  rotes  of  the  pa- 
tio. Serrins  TnDiiu  established  the  eomitia  cen- 
tsriata^mwhidk  the  pleba  also  Toted.  When  his 
flwMtitntion  was  in  foil  faroe  after  the  exile  of  the 
hit  Tav|iiBi,  the  patiea  had  stOl  the  privilese  of 
fflififwtiig  at  the  oomitia  eoiiata  the  vote  of  the 
cmitis  ffntariata,  that  ia,  they  gave  to  it  the 
*pstm  aaetoritas^  (Cic  De  Begmb.  il  30)  ;  or, 
BMhsiraids,  the  **  patrea^  were  ^aoctores  lactl'' 
(Ck  Pn  Plmeia^  e.  3.)  That  this  was  the  piae- 
tiee  Qodcr  the  eatiy  Repoblic.  we  see  from  Livy 
(11.88, 39). 

In  the  fifth  eentory  of  the  dty  a  change  was 
■sdcL  By  one  of  the  laws  of  the  plebeian  dic- 
tate Q.  PdOifiBs  Philo,  it  was  enacted  (Liv.Tiii 
1*2)  thst  IB  the  case  of  leges  to  be  enseted  at  the 
oaida  eentarisla,  the  pntrcs  should  be  anctores, 
^  ill  the  eoriae  shoold  gife  their  assent  before 
t^  vote  «f  the  oomitia  oentoriata.  If  we  take 
tkis  fifioil^f,  the  oomitia  coriata  might  still  reject 
t  pvpoMd  law  by  reiaaing  thdr  prerioas  sanction ; 
lad  this m%ht  be  so:  bat  it  is  probable  that  the 
pRvioss  suKtion  became  a  matter  of  form.  By  a 
lex  Maens  of  onootain  date  (Ci&  BnOtUy  c  14), 
1^  nme  dioage  was  made  as  to  elections,  which 
the  PsUilia  In  had  made  as  to  the  ensieting  of 
^  This  explams  the  passage  of  Livy  (i.  17). 
'^varijogly,  after  the  passing  <rf^  the  lex  Maenia, 
tte/'pstnoB  aoctoritaa  **  was  distinct  from  the  lex 
mts  de  imperio^  while,  befem  the  psssmg  of  the 
wMscDia,  they  were  the  same  thiiig.  Thns  the 
lex  Ifieais  made  the  lex  coriata  deimperio  a  mere 
f"B«far  the  haperumt  ooold  not  be  reftised,  and  so 
AthclaterBepablic,  in  orderto  keep  op  a  shadow 
«f  s  nhitaDce,  thirty  Uctan  exhibited  the  eere- 
Boey  of  holding  the  coriata  oomitia ;  and  the  aoe- 
^■i^pttnnn,  which  was  the  assent  of  the  senate, 

ran  ss  the  mode  in  which  the  oonfiimation  of 
.pwpte^  choice,  and  the  confeiring  of  the  im« 
pwaa,  were  both  inchded. 

This  explmatioa  which  is  foonded  on  that  of 
Becker  (AwAaok  <lsr  iSosi.  ^ AeriliHMrX  and  ap- 
K*Q  to  he  what  he  nndentands  by  the  phiase 


AUCTORITAS. 


173 


, '  is  at  least  more  consistent  with 

u  tbt  SBthflrities  than  any  othsr  thai  has  been 

Is  the  ia^wrial  time,  anetor  is  often  said  of  the 
^^P^v^rMoaat)  who  recommended  any  thmg  to 
He  amste,  and  on  which  recommendMion  that 
^y^psiMd  a  senataa-consoltam.  (Gaios,  L  80, 
*i*'**«''^«P-ll.) 

_^"^»  the  word  anetor'  is  applied  to  him  who 
'**""na4s,  bat  does  not  originate  a  legidatiTe 
?J*^itiieq«iTa]enttonNU9r.  {Ck.  Ad,  AU, 
U9;  A,^^25,27.)  Sometimes  both  anetor 
^  mac  are  oied  in  the  same  sentencei  and 


the  meanmg  of  each  is  kept  distinct    (da  Qfi 
iii  30.) 

With  reference  to  dealings  between  individuals, 
aoctor  has  the  sense  of  owner  (Cic.  Pro  OaeeU, 
10),  and  is  defined  thos  (Dig.  50.  tit  17.  s.  175) : 
^Motor  SMw  a  quo  jua  m  ma  trtmaiL  In  this  sense 
anetor  is  the  sdler  (oM^dor),  as  opposed  to  the 
buyer  (sMfor) :  the  person  who  joined  the  seller  in 
a  warranty,  or  as  security,  was  called  oacfor  ss- 
OHMc/as,  as  opposed  to  the  seller  or  owotor  primua, 
(Dig.  19.  tit.  1.  s.  4,  21  ;  tit  2.  s.  4,  51.)  The 
phiBse  a  malo  amdore  omere  (Cic.  Verr.  5.  c.  22)  ; 
OMforwi  Umdan  (OeU.  il  10)  will  thns  be  intel- 
ligible.  The  testator,  with  respect  to  his  heir, 
might  be  called  anetor.  (£x  Corp.  Hermogen. 
Cod.  tit  11.) 

Consistently  with  the  meanings  of  auctor  as  al- 
ready explained,  the  notion  of  consenting,  approv- 
ing, and  giving  validity  to  a  measure  ^Recting  a 
person^  status  deariy  appean  in  the  following  pas- 
sage.   (Cic.  i^  iDom.  c.  29.) 

Auctor  is  also  used  generally  to  express  any  per- 
son under  whose  aothority  any  legal  act  is  done. 
In  this  sense,  it  means  a  tutor  who  is  appointed 
to  aid  or  advise  a  woman  on  account  of  the  in- 
firmity of  her  sex  (Liv.  xxxiv.  2 ;  Cic.  Pro  (Juaeku 
c  25  ;  Gains,  i  190,  195) :  it  is  also  ^>pli6d  to  a 
tutor  whose  business  it  is  to  approve  of  certain  acts 
on  behalf  of  a  ward  (fwpiZZMt).  (Paulus,  Dig.  26. 
tit  8.  s.  a) 

The  term  anctores  juris  is  equivalent  to  juris- 
periti  (Dig.  1.  tit  2.  s.  2.  §  13  ;  Gellius,  il  c.  10) : 
and  the  law  writers  or  leaders  of  particnlar  schools  of 
law  were  called  seftoioe  oaeforss.  It  is  unnecessary 
to  trace  the  other  significations  of  this  word.  [O.  L.] 

AUCTORAMENTUM.    [GLAPiAToaaa.] 

AUCTO'RITAS.  The  technical  meanings  of 
this  word  corrdate  with  those  of  anetor. 

The  auctoritas  senatns  was  not  a  senatns-con- 
sultum ;  it  was  a  measure,  incomplete  in  itself 
which  received  its  completion  by  some  other  au- 
thority. 

Auctoritas,  as  applied  to  property,  is  equivalent 
to  legal  ownership,  being  a  correlation  of  aoctor. 
(Cic  7bp.  e.  4  ;  Pro  Omsm.  c.  26.)  It  was  a 
provision  of  the  laws  of  the  Twelve  Tables  that 
there  could  be  no  usucapion  of  a  stolen  thing 
(Gains,  il  45),  which  is  thus  expressed  by  Gellius 
in  speaking  of  the  Atinian  law  (xvil  e.  7) :  Qf»d 
tubnptmm  erit  ^ut  rei  aettma  OMdoriku  etto  ;  the 
ownership  of  the  thing  stolen  was  still  in  the  ori- 
ginal owner.  (Cic.  De  Qf,  I  c.  12;  Dirksen, 
Uebertieki^d!e.der2Mo^'7h^Fraffme^ 
(As  to  the  expression  Usns  Auctoritas,  see  Usv- 
CAno.) 

Auctoritas  sometimes  signifies  a  warranty  or 
coDatenl  security ;  and  tiius  correlated  to  anetor 
secundus.  Auctoritatis  actio  means  tiie  action  of 
eviction.  (Panlus,  Senteitt  BeeqpL  lib.  2.  tit  1 7.) 
The  instrmnenta  auctoritatis  are  the  proofs  or  evi- 
dences of  titie. 

The  anctoritas  of  the  praetor  is  sometimes  used 
to  signify  the  judicial  sanction  of  the  praetor,  or 
his  order,  by  which  a  person,  a  tutor  for  instance^ 
might  be  compelled  to  do  some  legal  act  (Oaius,  I 
190 ;  Dig.  27.  tit  9.  s.  5),  or,  in  other  words, 
**  auctor  fieri.**  The  tutor,  with  respect  to  his 
wards  both  male  and  female  (^apiZfi,  jMqnUae\  was 
said  negotiwn  gerere^  and  audoritaiem  interponere  : 
the  former  phmse  is  applicable  where  the  tutor  does 
the  act  himself;  the  latter,  where  he  gives  his  ap- 


174  AUGUR. 

probation  and  oonfinnation  to  the  act  of  his  ward. 
Though  a  pnpilliu  had  not  a  a^ncity  to  do  any  act 
which  was  prejudicial  to  him,  he  had  a  capacity  to 
reoeiye  or  asaent  to  any  thing  which  waa  for  hia 
benefit,  and  in  luch  case  the  audoritoM  of  the  tutor 
waa  not  neoeuary. 

The  anthority  of  decided  cases  was  called 
timiliter  judieeftorvm  anclorHatt  The  other  mean- 
ings of  suctoritas  may  be  easily  derived  from  the 
primary  meaning  of  the  word,  and  from  the  ez- 
planations  here  siven.  [O.  L.] 

AUDITORIUM,  as  the  xwrne  implies,  is  any 
dace  for  hearing:  It  was  the  pnetioe  among  the 
Romans  for  poets  and  others  to  read  their  composi- 
tions to  their  friends,  who  were  sometimes  called 
the  auditorium  (Plin.  Ep,  hr.  7)  ;  but  the  word 
was  also  used  to  express  any  plaoe  in  which  any 
thin^  was  heard,  and  under  the  empire  it  was 
applied  to  a  court  of  Justice.  Under  the  republic 
we  pkoe  fior  all  judkaal  proceedings  was  the  comi- 
tium  and  the  forum.  (Ni  pagant  in  comitio  aut 
in  foro  ante  meridiem  csnsam  ooniicito  quum  per- 
omnt  ambo  praesentes.  Dirhsen,  U^beniekij  &g. 
p.  725.)  Bat  for  the  sake  of  shdter  and  couTe- 
nienoe,  it  became  the  practice  to  hdd  courts  in  the 
Barilicae,  which  contained  halls,  which  were  idso 
called  auditoria.  In  the  dialogue  do  Oratoribus 
(e,  39),  the  writer  obserres  that  oiatoxy  had  lost 
much  by  cases  being  ffenerally  heard  in  **  auditoria 
et  tabularia.**  It  is  nrst  under  M.  Aurelins  that 
the  auditorium  principis  is  mentioned,  b^  which 
we  must  underhand  a  hall  or  room  m  the  unperial 
residence ;  and  in  such  a  hall  Septimius  Severus 
and  the  later  emperors  held  their  reguhv  sittings 
when  they  presided  as  judges.  (D%.  36.  tit  1. 
s.22,49.  tit.».  S.1;  Dion  Cass.  Izzri  11;  Dig.  4. 
tit  4.  s.  18.)  The  prorincial  goremors  also  under 
the  empire  sometimes  sat  on  their  tribunal  as  in  the 
republic,  and  sometimes  in  the  praet<^um  or  in  an 
auditorium.  Accordingly,  the  latest  jurists  use  the 
word  generally  for  any  place  in  which  justice  was 
administered.  (Dig.  1.  tit  22.  s.  5.)  In  the  time 
of  Diodetian,  the  auditorium  had  got  the  name  of 
teerttaritm;  and  in  a  constitution  of  Constantme 
(Cod.  Th.  i.  tit  16.  8.6),  the  two  words  seem  to 
be  used  aa  equivalent,  when  he  enacts  that  both 
criminal  and  civil  cases  should  be  heard  openly 
(before  the  tribunal),  and  not  in  auditona  or 
secretaria.  Yalentinianus  and  Valens  allowed 
causes  to  be  heard  either  before  the  tribunal  or  in 
the  secretarium,  but  yet  with  open  doors.  From 
the  fifth  coitnry,  the  secretarium  or  secretom  was 
the  regular  place  for  hearing  causes,  and  the  people 
were  excluded  by  lattice-work  (caneeUae)  and 
curtains  (vela)  ;  but  this  may  have  been  as  much 
for  convenience  as  for  any  other  purpose,  though  it 
iq>pears  that  at  this  late  period  of  the  empire  there 
were  only  present  the  nagistnte  and  his  officen, 
and  the  parties  to  the  canse.  Ovlj  those  whom 
the  magistrate  invited,  or  who  Jiad  business,  or 
persons  of  certain  rank  (honorati)  had  admission 
to  the  courts,  under  the  despotic  system  of  the  late 
empire.  (Cod.  1.  tit  48.  s.  3 ;  Hollweg,  Handbuck 
dM  Ohilproze»9U^  p.  215.)  [O.  L.] 

AUGUR,  AUGU'RIUM  ;  AUSPEX,  AUS- 
PI'CIUM.  Atiffur  or  oiupM  meant  a  diviner  by 
bird^  but  came  in  course  of  time,  like  the  Greek 
0  Wds,  to  be  applied  in  a  more  extended  sense : 
his  art  was  called  m^furium  or  auapidvm,  Plutareh 
relates  that  the  ougwreM  were  originally  termed 
t  (QwMflt  Rom,  c  72),  and  were  seems  no 


AUGUR. 

to  doubt  this  statement  as  Hartnng  da 
{Die  JUiigicn^  der  Rcmer^  voL  i.  p.  99),  m  tbe 
authority  of  Servius  (otf  Viy,  Am.  L  402,  iiL  20>. 
The  authority  of  Plutareh  is  further  supported  by 
the  fact,  that  in  Roman  marriages  the  penon  who 
repesented  the  diviner  of  ancient  timea,   was 
called  owpev  and  not  oa^vr.    ((Sc.  d$  Dm,  L  16>. 
Rubino  {KomiBok.  Verfbutrntg^  p.  45)  draws  a  dis- 
tinction between  the  meaning  ot  the  words  twryrar 
and  oa^ar,  though  he  belieYes  that  they  were  naed 
to  indicate  the  same  person,  the  Ibnaer  refemng^ 
simply  to  the  obsenratbn  of  the  signs,  and  the  latter 
to  tiie  inteipretation  of  them.    This  view  is  cer- 
tainly supported  by  the  meaning  of  the 
occqMooriand  oii^iiran;  and  the  san 
seems  to  prevail  between  the  words  (m^eimm  and 
oii^HrNfiN,  when  they  are  used  together  (Cic.  de 
Dw.  il  48,  <29  NaL  Dear,  il  3),  though  thej  are 
often  applied  to  the  same  signs.    The  word  atupea 
was  supplanted  by  aftgmr^  but  the  adentifie  term 
for  the  observation  oontinaed  on  the  contraiy  to  be 
OM^pickim  and  not  at^^MRiiai.    The  etymology  of 
tnupea  is  clear  enough  (firom  oom,  and  the  root 
tpeo  or  apie\  but  iStA  of  oa^iir  is  not  so  cer- 
tain.   The  ancient  gnunmarians  derived  it  fiom 
ooiM  and  gtro  (Festus,  «.  «.  m^nr;  Sot.   ad 
Viiy,  Ami.  v.  523),  while  some  modem  writers 
suppose  the  root  to  be  oa^,  sigpifyiQg  "^  to  see,*^ 
and  the  same  as  the  Sanscrit  oMi,  the  Latin 
oatdMtj  and  the  German  amga^  and  ar  to  be  a  ter- 
mination ;  the  word  would  thus  oonespoad  to  the 
English  98er,    Others  agiun  believe  the  word  to 
be  of  Etruscan  origin,  which  is  not  incompatible 
with  the  supposition,  as  we  shall  show  bdow,  that 
the  auspices  were  of  Latin  or  Sabme  origin,  since 
the  word  OMgwr  may  thus  have  been  introdueed 
along  with  Etruscan  rites,  and  thus  have  superseded 
the  original  term  antapm.    There  is,  however,  no 
certainty  on  the  point;  and,  althoqgh  the  first 
mentioned  etymology  seems  impiobaUe,  yet  from 
the  analogy  of  au-tpw  and  oa-oapt,  we  are  indiond 
to  believe  that  the  former  part  of  the  word  ia  of 
the  same  root  as  otaa,  and  the  latter  may  be  con- 
nected with  gm^  more  especially  as  Prisoan  (i  6. 
§  36)  gives  aug$r  and  on^^iara^  as  the  more  an- 
cient mnns  of  amgw  and  oa^^aradia    By  Greek 
writers  on  Roman  affiurs,  the  augurs  are  called 
oUnfcmiKoiy  oiwoo-a^iroi,  oWiorol,  61  ^  oImmms 
l^Ts.    The  augun  formed  a  collegium  at  Rome, 
but  their  history,  functions,  and  duties  will  be  better 
explained  after  we  have  obtained  a  dear  idea  of 
what  the  auspices  were,  and  who  had  the  power 
of  taking  them. 

An  acquaintance  with  this  subject  is  one  of 
primary  importance  to  every  student  of  Roman  his- 
tory and  antiquities.  In  the  most  ancient  times, 
no  transaction  took  place,  either  of  a  private  or  a 
public  nature,  without  oonsulting  the  anspioea,  and 
hence  we  find  the  question  asked  in  a  well -known 
passage  of  Livy  (vi  14),  **  Aus^ciis  banc  urbem 
conditam  esse,  anspiciis  hello  ac  pace,  domo  mili- 
tiaeque  omnia  geri,  quis  est,  qui  ignoret?**  An 
outline  of  the  most  important  &ct8  connected  with 
the  auspices,  which  is  all  that  our  limits  will  aUow, 
therefore,  daims  our  attentive  considenition. 

AH  the  nations  of  antiquity  were  impressed  with 
the  firm  belief  that  the  will  of  the  godi  and  future 
events  were  revealed  to  men  by  certain  sisns, 
which  were  sent  by  the  gods  as  marks  of  their 
favour  to  their  sincere  worshippers.  Hence,  the 
az]g;uments  of  the  Stoics  that  u  there  are  godi. 


AUGUR. 

tkey  CBR  ibr  oen,  and  t&at  if  tlicj  cue  fta  men 

^  Bort  wead  them  i^os  of  their  will  (Cic  <U 

Ug.  oL  13),  ezpRMed  lo  completely  the  popular 

yad,  that  vhoerer  qaesdooed  it,  would  iiaTe 

been  looked  apon  in  no  other  light  than  an  atheist. 

Bet  vhile  all  natioiii  WDgfat  to  become  acqoainted 

with  the  win  of  the  gods  hj  Taiions  modes,  which 

pnz  riK  to  imomenhle  kmds  of  ditination,  there 

ime  ID  each  aepaimte  nadon  a  sort  of  national 

l«£ef  thst  the  pvticalar  gods,  who  watched  orer 

tkna,  revealed  tae  fntore  to  them  in  a  distinct  and 

peeoliu  manner.    Hence,  each  people  poaaeswd  a 

■uubI  /urrurift  or  dMnolio,  which  was  supported 

bj  the  kwi  and  institutions  of  the  state,  and  was 

gBtfded  from  onxture  with  foreign  elements  by 

itriisfent  enactments.    Thns,  the  Romans  looked 

upon  aitrolagy  and  the  whole  prophetic  art  of  the 

CkUaeus  as  a  dangenos  imiOTation  ;  thej  paid 

liu^e  attectjon  to  dreams,  and  hardly  any  to  in- 

spM  prophets  and  aeers.     They  had  on  the  con- 

DifT  leaik  from  the  Etruscans  to  attach  much 

iapcitmoe  to  extraordmary  appearances  in  nature 

—Proiiaa;  in  common  with  other  neighbouring 

iBtiass  uey  eudeaToured  to  learn  the  future,  espe- 

caQj  in  vai;  by  consulting  the  entrails  of  Tictims; 

tkr  Udgnat  itress  iqwn  fiBrroorable  or  un&Tour- 

lUe  ouM,  and  in  times  of  danger  and  difficulty 

««e  aecastomed  to  consult  the  Sibylline  books, 

v^h  ther  hadieeeiTed  from  the  Greeks  ;  but  the 

node  of  drdnatioo,  which  was  peculiar  to  them, 

ad  eaeatally  oationBl,  consisted  in  those  signs 

iidiided  imder  the  name  of  MMpicM.    The  ob- 

KmtMn  cf  the  auspices  was,  according  to  the 

■Ba&iooas  tatimony  of  the  ancient  writers,  more 

tcdest  eren  tfasn  Rome  itaelf^  which  is  constantly 

Rfnoted  u  fbnnded  under  the  sanction  of  the 

a■pee^  sod  the  use  of  them  is  therefore  asso- 

a>te4  lith  the  Latins,  or  the  eariiest  inhabitants 

if  tk  dtf .    There  seems  therefore  no  reaaon  to 

Mgn  to  them  an  Etruscan  oruin,  as  many  modem 

nitaiare  indiaed  to  doi,  whSe  there  are  seyecal 

heta  pointing  to  an  opposite  conclusion.    Cicero, 

vl»  vu  hinaelf  sn  augur,  in  his  work  De  Dwi- 

MtuMe»coDftaDtIy  ^peala  to  the  striking  difference 

between  the  snspicia  and  the  Etruscan  system  of 

^"iatiBa;  and,  whfle  he    frequently  mentions 

(Aber  Bttuni  which  paid  attention  to  the  flight  of 

M  ai  intimations  of  the  divine  wiD,  he  never 

«£e  nentiont  this  practice  as  in  existence  among 

AsEtnaans.    (Cic  ««•  Z>fe.  L 41,  ii 35,  38  ;  ds 

^^Dw. iL i.)     The  belief  that  the  flight  of 

^irii  gaTf  Hoe  intimatiai  of  the  will  of  the  gods 

MBS  to  bare  been  prevalent  among  many  nations 

«  ntiqQitj,  and  was  connnon  to  the  Greeks,  as 

vdl  « die  Romans  ;  but  it  was  only  among  the 

wer  people  that  it  was  reduced  to  a  complete 

^^ll^  governed  by  fixed  rules,  and  handed  down 

^  geneTs^  to  generation.     In  Greece,  the 

jnda  nqiplanted  the  birds,  and  the  future  waa 

^  from  ApoDo  and  other  gods,  rarely  from 

Jj».  *^  pnoMSicd  very  few  oracles  in  Greece. 

|K  contrary  was  the  case  at  Rome :  it  was  from 

J^tbat  tbe  future  was  leamt,  and  the  birds: 

^ngaried  as  his  messengers.    {Avet  ndermm- 

^y««S Oci^Dkrim,  ii  34  ;   IidurpreUt  Jovit 

f^  •««»  pHUid  amgmm^  Cic  <U  Ug.'iL  8). 

unnabenmaikcd  in  general,  that  the  Roman 

""PM  were  eaientially  of  a  practical  nature  ;  they 

pre  no  ioiJaaaation  respecting  the  coune  of  future 

f^^didnotinfonn  menvAottoatto  Ao^Tpeii, 

teaaipiytughtthemtnkrfttey  we/v  tada^ornot 


AUGUR.  175 

*>  do;  they  anlgned  no  renson  lor  the  dedsSoB  ot 
Ju^tei^  —  they  sfanply  announeed,  yes  or  no. 

The  words  aoywniHii  and  autpientm  came  to  b« 
need  in  ooutm  of  time  to  sign^  the  observation 
of  various  kinds  of  signs.  They  wen  divided  into 
five  sorts :  m  eadOf  «r  aeaftas,  «r  Mgpntfnt,  ev  om- 
dn^Otu^  m  diru.  Of  these,  the  ksi  three 
formed  no  nart  of  the  ancient  anspieea  The  ob- 
serration  of  signs  in  the  heavens,  such  as  light- 
ning, was  nattually  ooimected  with  observinff  the 
heavens  in  order  to  watch  the  birds ;  and  &re- 
fbre,  most  in  early  times  have  formed  part  of  the 
auspices ;  for  in  an  early  stage  of  society,  Ughi- 
ning  and  sfanilar  phenomena  have  been  always 
looked  upon  as  sent  by  the  gods.  A  few  woids 
must  be  said  on  each  of  these  five  kinds  of  augury. 

1.  E»  eaeh.  This  included  the  observation  of 
the  various  kinds  ef  thunder  and  lightning,  and 
was  regarded  as  the  most  important,  mariwunw 
aaspictam.  (Serv.  ad  Vwg.  Am.  ii.  698  ;  Cici^s 
2>re.  iL  18,  &c;  Festus,«.e.  CbsbifM.)  The  in- 
terpretation of  these  phenomena  was  rather  Etrus- 
can than  Roman ;  and  the  only  point  connected 
with  them  which  deserves  mention  hcfe,  is,  that 
whenever  it  was  reported  by  a  penon  anthoriaed 
to  take  the  auspices,  that  Jupiter  thundered  or 
lightened,  the  eomitta  could  notJi^  held.  (Ci&  d$ 
Dw,  il  14,  PUUpp,  T.  3.)  ^  ^  ^^^ 

2.  Ea  oetftai.  It  was  only  a  few  bitds^  which 
could  ^ve  auguries  among  the  Romans.  (Cic.  die 
Dw.  VL  34.)  They  were  divided  into  two  daases : 
Ommms,  those  which  gave  auguries  by  singing,  or 
their  voice,  and  AUtn,  those  which  gave  auguries 
by  their  flight  (Festus,  f.eL  Oscmss).  To  the 
former  dass,  belonged  the  mven  (oomw)  and  the 
crow  (oormr),  the  first  of  theae  ^ving  afovourable 
omen  (oaipibftam  roAim)  when  it  appeared  on  the 
right,  the  latter,  on  the  contrary,  when  it  was  seen 
on  the  left  (PUmt  A$m,  iL  1.  12  ;  Cic  i<f  Dn,  L 
39) ;  likewise  the  owl  (aoefiia,  Festus, «.  v.  09cmu\ 
and  the  hen  {gaOina^  Cic  ds  Dka,  iL  26).  To  the 
OMs  aUte$  belonged  first  of  all  the  eagle  (omnZa), 
who  is  called  pre-eminently  the  bird  of  Jupiter 
(JbtTW  a2et),  and  next  the  vulture  (raster),  and 
with  these  two  the  aeu  KoupialiM^  also  called  oui' 

JragOy  and  the  tmmatm&cK  or  imimuadMM  are  pro- 
bably also  to  be  classed.  (Cinp^irg.  Am.  L  394 ; 
Liv.  L  7,  34  ;  Festus,  s.  v.  somdNt;  Plin.  H,  M 
X.  7.)  Some  birds  were  included  b&h  among  tiie 
oacmM  and  tAe  aUtet:  tfnch  were  the  PiauMafHug^ 
and  FeromaAand  the  Parriki  (Plm.  U,  N.  x.  la 
B.  20  ;  Hor.  A^  iiL  27.  15  ;  Festus,  s.  e.  Oset- 
mna  tripudium).  These  were  the  principal  birds 
consulted  in  the  auspices.  Every  sound  and  mo« 
tion  of  each  bird  had  a  different  meaning,  accord- 
ing to  the  different  circumstances,  or  times  of  the 
year  when  it  was  observed,  but  the  narticnlars  do 
not  deserve  further  notice  here.  Wben  the  birds 
favoured  an  undertaking,  they  were  said  addioere^ 
admiUere  or  teeimdare,  and  were  then  called  addio* 
HvaSf  admistwae,  tectmdaSj  orptuepeles:  when  un- 
fovourable  they  were  at^dabdteen^oreera,  r^ragan^ 
Slc,  and  were  then  called  (tdvenoe  or  aUorae,  The 
birds  which  gave  un&vourable  omens  were  termed 
JkmebrtSy  vMbitoAt  Ivffubres^  maloA,  &c,  and  such 
auspices  were  called  cUvia  and  damatoria, 

3.  Eat  Tripudtis.  These  auspices  were  taken 
from  the  feeding  of  chickens,  and  were  especially 
employed  on  military  expeditions.  It  was  the 
doctrine  of  the  augurs  that  any  bird  could  give 
a  tripudium  (Cic  ds  Dio.  iL  84)  ;  but  it  be- 


176 


AUGUR, 


came  the  piBctice  in  later  times  to  employ  only 
chickens  (puBt)  for  the  purpose.  They  were 
kept  in  a  cage,  under  care  of  a  person  called 
pullaruu;  and  when  the  auspices  were  to  be 
taken,  the  pullarius  opened  the  cage  and  threw 
to  the  chickens  pulse  or  a  kind  of  soft  cake.  If 
ihey  refused  to  come  out  or  to  eat,  or  uttered  a 
cry  (oocmereiii)^  or  beat  their  wings,  or  flew  away, 
the  signs  were  considered  unfavourable.  (Liv.  x. 
40 ;  VaL  Max.  i.  4.  §  S.)  On  the  contrary,  if 
they  ate  greedily,  so  that  something  fell  from  their 
mouth  and  struck  the  earth,  it  was  called  tr^m- 
dium  tolistimum  (jtr^imdium  quasi  terr^paoium^ 
solistimumj  from  aolumj  according  to  the  ancient 
writers,  C^.  de  Dio,  il  34),  and  was  held  a 
£ATourabIe  sign.  Two  other  kinds  of  tripudia  are 
mentioned  hj  Festus,  the  tripitdium  oschmm^  from 
the  cry  of  birds,  and  mmiviumy  from  the  sound  of 
the  pulse  falling  to  the  ground :  in  what  respects 
the  latter,  differed  from  the  ^/Mfe£t»m  aoUstimMm, 
we  are  not  informed.  (Cic.  ad  Fam.  vi.  6 ;  see 
also  Festus,  «.  w.  puU^  tripudium^  oBcimtm  tripvt- 
dium.) 

4.  Ea  quadrup&dibus.  Auguries  could  also  be 
taken  from  four-footed  animals  ;  but  these  formed 
no  part  of  the  original  science  of  the  augurs,  and 
were  never  employed  by  them  in  taking  auspices 
on  behalf  of  the  state,  or  in  the  exercise  of  their 
art  properly  so  called.  They  must  be  looked  upon 
simply  as  a  mode  of  private  divination,  which  was 
naturally  brought  under  the  notice  ef  the  augurs, 
and  seems  by  them  to  have  been  reduced  to  a 
kind  of  system.  Thus,  we  are  told  that  when  a 
fox,  a  wolf,  a  horse,  a  dog,  or  any  other  kind  of 
quadruped  tan  across  a  person^s  path  or  appeared  in 
an  unusual  place,  it  formed  an  augury.  (See  e.g, 
Hor.  Carm,  lil  27.)  Thejif^  au^nehtm  belonged 
to  this  class  of  auguries.  (Cic.  de  Div,  u.  36 ;  Fest 
M,v.juffSi  au8punum  ;  Seer,  ad  Virg,  Aen,  iii.  537.) 

5.  EjidiriB^  sc  ngnit.  Under  this  head  was 
included  every  kind  of  augury,  which  does  not  fiill 
under  any  of  the  four  classes  mentioned  above, 
such  as  sneezing,  stumbling,  and  other  accidental 
things.  {Com^S&r. ad  Virg.  Aen,\Y.A&Z,)  There 
was  an  important  augury  of  this  kind  connected 
with  the  army,  which  was  called  «r  ac»mm»&iM, 
that  is,  the  flames  appearing  at  the  |>oints  of  spears 
or  other  weapons.  (Cia  de  Div.  li.  36,  de  Nat, 
Dear,  il  3 ;  Dionys.  v.  46.) 

The  ordinary  manner  of  taking  the  auspices, 
properly  so  called  (Le.  ea?  oa/do  and  ex  ambus\  was 
as  follows :  The  person  who  was  to  take  them  first 
marked  out  with  a  wand  (Jituue)  a  division  in 
the  heavens  called  lemplum  or  ieaatntj  within 
which  he  intended  to  make  his  observations.  The 
station  where  he  was  to  take  the  auspices  was 
also  separated  by  a  solemn  formula  from  the  rest 
of  the  land,  and  was  likewise  called  tempbtm  or 
tescum.  He  then  proceeded  to  pitch  a  tent  in  it 
(iaiemaculum  oapere)^  and  this  tent  again  was 
also  called  Utnpbtm^  or,  more  accurately,  tempUim 
numu.  [Tbhplum.]  Within  the  walls  of  lUme, 
or,  more  properly  spiking,  within  the  pomoerium, 
there  was  no  occasion  to  select  a  spot  and  pitch  a 
tent  on  it,  as  there  was  a  place  on  the  Arx  on  the 
summit  of  the  Capitoline  hill,  called  Avguraculum^ 
which  had  been  consecrated  once  for  all  for  this 
purpose.  (Festus,  «.  v,  Avgiiraeulum  ;  comp.  Liv. 
1.  18,  iv.  18  ;  Cic  de  Qf,  m,  16.)  In  like  manner 
there  was  in  every  Roman  camp  a  place  called 
at^nUe  (Taa  Ann,  ii.  13,  xv.  30),  which  an* 


AUGUR, 
swered  the  same  purpose  ;  but  on  all  Ofther  ooca^ 
sions  a  nhice  had  to  be  consecrated,  and  a  tent  to 
be  pitched,  as,  for  instance,  in  the  Campos  Mar^ 
tins,  when  the  comitia  centuriata  were  to  be  held. 
The  person  who  was  then  taking  the  auspioea 
waited  for  the  &vourable  signs  to  appear  ;  but  it 
was  necessary  during  this  time  that  there  shoold 
be  no  interruption  ot  any  kind  whataoerer  CsUen- 
Umn\  and  hence  the  word  nUntium  was  used  in 
a  more  extended  sense  to  signify  the  Bbaence  of 
every  thing  that  was  &ulty.  Every  thin^,  on  the 
contrary,  that  rendered  the  auspices  mTsdlid  was 
called  vitium  (Cic.  de  Die,  il  34  ;  Festiia^  s.  «.  si- 
lentio  turyere)  ;  and  hence  we  oonstantlj-  read  in 
Livy  and  other  writers  of  viiio  magiatratms  creati^ 
vitio  leaf  latOf  &c  The  watching  for  the  auspices 
was  called  apedio  or  servare  de  eoelo,  the  declara- 
tion of  what  was  observed  ntaUiaiiOf  or.  If  thej 
were  un&vourable,  obmunHaHo.  In  the  latter  case, 
the  person  who  took  the  auspices  seems  nsoall  j  to 
have  said  aUo  die,  by  which  the  business  in  hand, 
whether  the  holding  of  the  eomdtia  or  anj-  thing 
else,  was  entirely  stopped.  (Cic.  de  JUff.  IL  12.) 

Having  exphuned  what  the  auspices  were  and 
how  they  were  taken,  we  have  now  to  determine 
who  had  the  power  of  taking  them.    In  die  first 
phice  it  is  certain  that  in  ancient  times  no  one  but 
a  patrician  could  take  the  auspices,  and  that  a 
plebeian  had  no  power  of  doing  so.    The  goda  of 
the  Roman  state  were  the  gods  of  the  patricians 
alone,  and  it  was  consequently  regarded  as  am  act 
of  profimation  for  any  plebeian  to  attempt  to  in- 
terpret the  will  of  these  gods.     Hence  the  posses- 
sion of  the  auspices  {habax  anupida)  is  one  of  the 
most  distin^sned  prerogatives  of  die  patricianB  ; 
they  are  said  to  be  penee  patrum,  and  are  caUed 
auapida  patrum,  (Liv.  vl  41,  x.  8  *,  comp.  rr,  6.) 
It  would  fuhher  appear  that  ev^  patrician  mi^ht 
take  the  auspices  ;  but  here  a  distinction  is  to  be 
observed.   It  has  already  been  remarked  that  in  the 
most  ancient  times  no  transaction,  whether  priTate 
or  public,  was  performed  without  consulting  the 
auspices  (nm  otupuuto,  Cic  de  Div.  i.  16  ;  Val. 
Max.  il  1.  §  1) ;  and  hence  arose  the  distinction  of 
avspida  privata  and  auapicia  pubUoa.     One  of  the 
most  frequent  occasions  on  which  the   auapida 
privata  were  taken,  was  in  case  of  a  marriage 
(Cic.,  VaL  Max.  IL  oe.) ;   and  hence  after  private 
auspices  had  become  entirely  disused,  the  Romans, 
in  accordance  with  their  usual  love  of  preserving 
ancient  forms,  were  accustomed  in  later  times  to 
employ  auepioee  m  marriages,  who,  however,  acted 
only  as  friends  of  the  bridegroom,  to  witness  the 
payment  of  the  dowry  and  to  superintend  the 
various  rites  of  the  marriage.    (Pkint  Ou.  proL 
85 ;  Suet.  OmuI,  26 ;   Tac.  Ann,  xl  27.)     The 
employment  of  the  auspices  at  marriages  was  one 
great  argument  used  by  the  patricians  against 
eomtulnum  between  themselves  and  the  plebeians, 
as  it  would  occasion,  they  urged,  perturbaUonem 
auepidonim  publioorum  privaiontmque,  (Liv.   iv. 
2.)    The  possession  of  these  private  auapicia  is 
expressed  m  another  passage  of  Livy  by  prnxttini 
auspida  habere,   (Liv.  vl  41.)      In  taking  these 
private  auspices,  it  would  appear  that  any  patrician 


*  There  can  be  no  reasonable  doubt  that  by 
patret  in  these  passages  the  whole  body  of  the 
patricians  is  meant,  and  not  the  senators,  as 
Rubino  asserts.  (Comp.  Becker,  I&m  Akertk.  voL 
il  part  I  p.  304,  &c.} 


AUGUK 

«w  CBipiaifed,  wlio  knew  how  to  fijrm  Umpla  and 
n  acqwinted  with  the  art  of  augniy,  and  was 
theRfene  called  napeae  or  ougmr:  it  does  not  ap- 
petf  to  hav«  heen  necessary  nor  nsnal  in  such 
\  to  hsme  feeouiae  to  the  public  angers,  the 
beis  of  the  coUegium,  who  are  Uierefore 
freqoently  called  oa^ianes  /MiMic^  to  distinguish 
thoD  froB  the  printte  augurs.  (Cic  de  Leg.  ii.  8, 
aiFam.rL  6 ;  Festna,  s,  «.  thm^ik ^«Mra.)  The 
case,  howcrer,  was  Tery  different  with  respect  to 
the  amapieim  jmbNea,  generally  called  mupida 
BBpiy,  or  those  which  eonceraed  the  state.  The 
btter  coaid  enly  he  taken  by  the  perHos  who  re- 
prueuled  the  state,  and  who  acted  as  mediat<»s 
between  the  gods  and  the  state ;  for  though  all 
the  patridaas  woe  eligible  for  taking  the  auspices, 
yet  it  waa  only  the  magistrates  who  were  in  actual 
k  of  them.  As  long  as  there  were  any 
jistnies,  the  auspices  were  exclusively 
is  thdr  bands  ;  on  their  entrance  upon  office,  they 
Rcei^ed  the  auspices  (aee^nebanl  oMpwto,  Cic.  de 
pie.  u.  36) ;  while  their  office  lasted,  they  were 
B  pnisfwiiijn  of  them  (habebtmt  or  ertmt  eontm 
flgywnifi,  GdL  xiiL  15)  ;  and  at  the  expiration  of 
thdr  office,  they  laid  them  down  {pomAcuit  or  de- 
pamebmi  ame/rieia,  Cic.  de  Nat  Dear,  iL  3).  In 
laR,  howevcf^  these  was  no  patrician  magistrate, 
the  saycea  became  vested  in  the  whole  body  of 
the  patiiriMiii,  which  was  expressed  by  the  ^rords 
oa^Mw  ad  patrea  r^demi  (Cic.  Brut,  5.)  This 
lisppened  in  the  kingly  period  on  the  dendse  of  a 
ka^  and  the  patricians  then  chose  an  interrex, 
vbo  was  ther^ore  invested  by  them  with  the 
light  of  taking  the  auspices,  and  was  thus  enabled 
to  laedmse  between  the  gods  and  the  state  in  the 
cUctka  of  a  new  king.  In  like  manner  in  the 
icpablicaa  period,  when  it  was  believed  that  there 
kid  been  aooiething  &uhy  (vUkan)  in  the  auspices 
a  the  election  of  the  consuls,  and  they  were 
«h!%ed  in  conaequence  to  resign  their  office,  the 
sm^iees  returned  to  the  whole  body  of  the  pa- 
tr»ana,  who  had  recourse  to  an  iniemgmtm  for 
the  renewal  of  the  auspices,  and  for  handing  them 
oftr  in  a  perfect  state  to  the  new  magistm^ : 
^ence  we  fold  the  expresskms  repetere  de  inUiffro 
empieim  and  removare  per  wUrregmum  autpiekt. 
(Liv.  V.  17,  31,  vi  1.) 

It  wiD  be  seen  from  what  has  been  said  that 
the  RoaHA  slate  waa  a  species  of  theocracy,  that 
the  gods  were  ite  ruler^  and  that  it  was  by  means 
of  the  aaspiees  that  they  intimated  their  will  to  the 
Rprtaentatives  of  the  people,  that  ii,  the  magis- 
totes.  It  follows  from  this,  as  has  been  already 
marked,  that  no  public  act  could  be  performed 
vithool  consulting  the  auspices,  no  election  could 
be  held,  no  law  passed,  no  war  waged  ;  for  a  ne- 
glect of  the  auspices  would  have  beoi  equivalent  to 
s  deHaiBtion  tint  the  gods  had  ceased  to  rule  the 


AUGUR. 


vn 


There  stiE  remain  three  pointa  in  connection  with 
d)e  aaqnees  which  require  notice: — 1.  The  rela- 
ys of  the  magistrates  to  the  augurs  in  taking  the 
aoipioes.  2.  The  manner  in  wh^h  the  magistrates 
leeeived  the  auspices.  3.  The  relation  of  the  dif- 
facot  mogistFates  to  one  another  with  respect  to 
the  snspiees.  We  can  only  make  a  few  brief  re- 
aaiks  upon  each  of  these  important  matters,  and 
mast  refer  our  readers  for  fnller  information  to  the 
Bsstedy  discussion  of  Rubino  {Rom,  Verfaaut^, 
pi  48,  &&),  to  whom  we  are  indebted  for  a  great 
psn  of  the  present  artide. 


1.  The  distinction  between  the  duties  of  the 
magistrates  and  the  augurs  m  taking  the  auspices 
is  one  of  the  most  difficult  points  connected  with 
this  subject,  but  perhaps  a  satisfiictoty  solution  of 
these  difficulties  may  be  found  by  taking  an  his- 
torical view  of  the  question.  We  are  told  not  only 
that  the  kings  were  in  possession  of  the  anspioesi 
but  that  they  themselves  were  acquainted  with 
the  art  and  practised  it  Romulus  is  represented 
to  have  been  the  best  of  aiufurs,  and  from  him  aH 
succeeding  augurs  received  the  chief  mark  of  their 
office,  the  Utuue,  with  which  that  king  exercised 
his  calling.  (Cic.  deDiv.  i  2,  ii  17  ;  Liv.  L  10.) 
He  is  former  stated  to  have  appointed  three  augurs, 
but  only  as  his  assistanto  in  taking  the  auspices, 
a  &ct  which  is  important  to  bear  in  mind.  (Cic. 
€le  Rep,  iL  9.)  Their  dignity  gradually  increased 
in  consequence  of  their  being  employed  at  the 
inauguration  of  the  kings,  and  also  in  consequence 
of  their  becoming  the  preservers  and  depositaries 
of  the  science  of  augury.  Fonned  into  a  collegium, 
they  handed  down  to  their  suocesson  the  various 
rules  of  the  science,  while  the  kinp,  and  subso- 
qnently  the  magistrates  of  the  republic,  were  liable 
to  change.  Their  duties  thus  became  twofold,  to 
assist  the  magistrates  in  taking  the  auspices,  and 
to  preserve  a  scientific  knowledge  of  the  art  They 
were  not  in  possession  of  the  auspices  themselves, 
though  they  understood  them  better  than  the  ma- 
gistrates ;  the  lightning  and  the  birds  were  not 
sent  to  diem  but  to  Uie  magistrates ;  they  dis- 
charged no  independent  fonctions  either  political 
or  Mclesiastical,  and  are  therefore  desczwed  by 
CicerD  as  privatL  {De  Drntn,  L  40.)  As  the 
angurs  were  therefore  merely  the  assistants  of  the 
magistrates,  they  could  not  take  the  auspices 
wiuiout  the  latter,  though  the  magistrates  on  the 
contrary  could  dispense  with  their  assistance,  as 
must  frequently  have  happened  in  the  appointment 
of  a  dictator  by  the  consul  on  military  expeditions 
at  a  distance  from  the  city.  At  the  same  time  it 
must  be  borne  in  mind,  that  as  the  augurs  were 
the  interpreters  of  the  science,  they  possessed  the 
right  of  dedaring  whether  the  auspices  were  valid 
or  invalid,  and  that  too  whether  they  were  present 
or  not  at  the  time  of  taking  them  ;  and  whoever 
questioned  their  decision  was  liable  to  severe 
punishment  (Cic.  de  Leg,  iL  8.)  They  thus  pos- 
sessed in  reali^  a  veto  upon  every  important  public 
ttansaction.  It  was  this  power  which  made  the 
office  an  object  of  ambition  to  the  most  distin- 
goished  men  at  Rome,  and  which  led  Cicero,  him- 
self an  augur,  to  describe  it  as  the  highest  dignity 
in  the  state  {de  Leg.  iL  12).  The  augurs  frequently 
employed  this  power  as  a  political  engine  to  vitiate 
the  election  of  such  parties  as  were  unfiivoumble 
to  the  exclusive  privileges  of  the  patricians.  (Liv. 
vL  27,  viii.  23.) 

But  although  the  augurs  could  declare  that  there 
was  some  fovdt  in.  the  auspices,  yet,  on  the  other 
hand,  they  could  not,  in  fovonr  of  their  office,  de- 
clare that  any  unfovourable  sign  had  appeared  to 
them,  since  it  was  not  to  them  that  the  auspices 
were  sent  Thus  we  are  told  that  the  augurs  did 
not  possess  the  epectio^  that  is,  the  right  of  toking 
the  state-auspices.  This  epecHo^  of  which  we  havo 
already  briefly  spoken,  was  of  two  kinds,  one 
more  extensive  and  the  other  more  limited.  In 
the  one  case  the  person,  who  exercised  it,  could 
put  a  stop  to  the  proceedings  of  any  other  magis- 
trate by  his  obnuntiatio :  this  was  called  spectio  et 

N 


178 


AUGUR. 


wwrfifllio  ({wrhapi  alio  apeetio  emm  mm/uUmm),  mid 
belonged  only  to  the  highest  majgistiatet,  the  con- 
solf,  dktaton,  intemget,  and,  with  tome  modifica- 
tiont,  to  the  pneton.  In  the  other  case,  the  ptfion 
who  took  the  eaoaet  only  exerciied  the  ipictio  in 
re£eienee  to  the  duties  of  his  own  office,  and  coold 
not  inttffere  with  any  other  magistxate :  this  was 
called  wpedw  mm  mmtiatiome,  and  belonged  to  the 
other  magistcates,  the  censors,  aediles,  and  qnaes- 
tors.  Now  as  the  aogois  did  not  possess  the 
auspices,  they  consequently  could  not  possess  the 
spectio  (habere  ^pecHtmem) ;  but  as  the  augun  were 
constantly  employed  by  the  magistrates  to  take  the 
auspices,  they  exerdeed  the  spectio,  though  they 
did  not  poMSM  it  in  virtue  of  their  office.  When 
they  were  employed  by  the  magistrates  in  taking 
the  auspices,  they  possessed  the  right  of  the  mw- 
tiaiio^  and  thus  had  the  power,  by  the  dechuation 
of  un&vouiable  signs  (pbmmtiatio),  to  put  a  stop 
to  all  important  public  transactions  (Cic.  de  Leg, 
iL  12).  In  this  way  we  an  able  to  understand 
the  assertion  of  Cicero  {PhUifp,  iL  32),  that  the 
augurs  possessed  the  mpUiatio^  the  consuls  and  the 
other  (higher)  magistrates  both  the  jpao^  and 
nuHiiatio ;  though  it  must,  at  the  same  time,  be 
borne  in  mind  that  this  right  of  nwtHaiio  only  be- 
longed to  them  in  consequence  of  their  being  em- 
ployed by  the  magistrates.  (Respecting  the  passage 
of  Festus,  t.  V.  epeetio^  which  seems  to  teach  a  dif- 
ferent doctrine,  see  Rubino,  p.  58.) 

2.  As  to  the  manner  in  which  the  magistrates 
receired  the  auspices,  there  is  no  reason  to  suppose, 
as  many  modem  writers  have  done,  that  they  were 
conferred  upon  them  in  any  special  manner.  It 
was  the  act  of  their  election  which  made  them  the 
recipients  of  the  auspices,  since  the  oomitia,  in 
which  they  were  f^^inted  to  their  office,  were 
held  anyioflrfo,  and  consequently  their  appointment 
was  regarded  as  ratified  by  the  gods.  The  auspices, 
therefore,  passed  immediately  into  their  hands 
upon  the  abdication  of  their  predecessors  in  office. 
There  are  two  circumstances  which  have  given 
rise  to  the  opinion  that  the  magistrates  received 
the  auspices  by  some  special  act  The  first  is,  that 
the  new  magistrate,  immediately  after  the  midnight 
on  which  his  office  began,  was  accustomed  to  observe 
the  heavens  in  order  to  obtain  a  happy  sign  for 
the  commencement  of  his  duties  (Dionys.  iL  6). 
But  he  did  not  do  this  in  order  to  obtain  ^e 
auspices ;  he  already  possessed  them,  and  it  was 
in  virtue  of  his  possession  of  them,  that  he  was  able 
to  observe  the  heavens.  The  second  circumstance 
to  which  we  have  been  alluding,  was  the  maugu- 
ratio  of  the  kings  on  the  Arz  after  their  election 
in  the  comitia  (Liv.  L  18).  But  this  inauguration 
had  reference  simply  to  the  priestly  office  of  the 
king,  and,  therefore,  did  not  take  place  in  the  case 
of  the  republican  magistmtes,  though  it  continued 
in  use  in  the  iq»pointment  of  the  rez  saoorum  and 
the  other  priests. 

3.  The  auspices  belonging  to  the  different  magis- 
trates were  divided  into  two  classes,  called  autpida 
uMxima  or  nuyora  and  minora.  The  former,  which 
belonged  originally  to  the  kings,  passed  over  to  the 
consuls  on  the  institution  of  the  republic,  and  like- 
wise to  the  extraordinary  magistrates,  the  dictators, 
iiiterreges,and  consular  tribunes.  When  the  con- 
suls were  deprived  in  course  of  time  of  part  of  their 
f^uties,  and  separate  magistrates  were  created  to 
discharge  them,  they  naturally  received  the  oiMpt- 
tia  majora  also :  this  was  the  cose  with  the  ccn- 


AUGUR 
sors  and  praeton.  The  qnaeston  and  tlie  canil« 
aediles,  on  the  contrary,  bad  only  the  €tm^ficia 
mMoro,  because  they  received  them  firom  the  con* 
suls  and  praetors  of  the  year,  and  their  suiapicys 
were  derived  from  the  mqjora  of  the  higher  ma- 
gistrates.   (MessaUa,  op.  GelL  xiiL  15.) 

It  remains  to  trace  the  history  of  the  ooQege  of 
augurs.    We  have  already  seen  that  it  was  a  com- 
mon oinnion  in  antiquity  that  the  augtunship  owt*d 
its  origin  to  the  first  king  of  Rome,  and  it  ia  ac- 
cordingly stated,  that  aooUege  of  three  augara  was 
appointed  by  Romulus,  answering  to  the  number 
of  the  early  tribss,  the  Ramnes,  Titiea*  and  La- 
oerenses.    This  is  the  account  of  Cicero  (^de  Rep. 
iL  9),  who  supposed  Numa  to  have  added   two 
more  (iL  14),  without,  Jiowever,  statinff  in  what 
way  these  latter  corresponded  to  the  tnhea.      On 
the  other  side  stand  diffisrent  statements  of  Livy, 
first,  one  (iv.  4)  which  is  prohably  an  error,  in 
which  the  first  institution  of  augurs  is  attributed 
to  Numa,  seemingly  on  the  theory  that  sUI  the 
Roman  religion  was  derived  from  the  second  king: 
secondly,  a  statement  of  fiur  more  importance  (x.  6), 
that  at  the  passing  of  the  (^pilnian  law  the  angiuns 
were  but  four  in  number,  which  Livy  himaeli^  who 
recognised  the  principle  of  the  number  of  augurs 
corresponding  to  that  of  the  tribes,  anppoaea   to 
have  been  accidental.     This  is  improbable,   as 
Niebuhr  has  shown  (ffitL  of  Aohm,  toL  iii.  p. 
352),  who  thinks  the  third  tribe  was  excluded 
from  the  college  of  augurs,  and  that  the    foor, 
therefore,  represented  the  Ramnes  and  Tities  only. 
It  is  hard  to  suppose,  however,  that  this  supe- 
riority of  the  Ramnes  and  Tities  over  the  third 
tribe  could  have  continued  down  to  the  time  of 
the  Ogulnian  law  (a.  c  300) :  moreover,  as  two 
augurs  apiece  were  appointed  from  each  of  the  two 
first  tribes,  and  the  remaining  five  from  the  plehs, 
it  does  not  appear  how  the  Luceres  could  ever  have 
obtained  the  privile^     A  different  mode  of  re- 
conciling the  contradictory  numbers  four  and  three 
is  sought  for  in  another  statement  of  Cicero  (<is 
Div.  L  40),  that  the  kings  were  augurs,  ao  that 
after  their  expulsion  another  augur  may  have  been 
added  instead  of  them  to  the  orifuud  number 
which  represented  the  tribes.    Probab^  this  ia 
one  of  the  many  cases  in  eariy  Roman  hiatoiy  in 
which  the  only  conclusion  we  can  come  to  ia,  that 
the  theory  of  what  ospti/  to  have  been  according 
to  antiquarians  of  a  later  age  differed  from  what 
actually  toos  according  to  the  earliest  acoounta  to 
which  Livy  had  recourse. 

The  Ogulnian  law  (B.a  300),  which  increased 
the  number  of  pontifis  to  eight,  by  the  addition  of 
four  plebeians,  and  that  of  the  augurs  to  nine  by 
the  addition  of  five  plebeians,  may  be  considered  a 
sort  of  aeia  in  Roman  history.  The  reIi|rious  dis- 
tinctiim  between  the  two  orders  which  had  been  so 
often  insisted  upon  was  now  at  an  end,  and  it  was 
no  longer  possible  to  use  the  auspices  as  a  political 
instrument  agabst  the  niebeians.  The  number  of 
nine  augurs  which  this  law  fixed,  lasted  down  to 
the  dictatorship  of  Sylla,  who  increased  them  to 
fifteen,  a  multiple  of  the  original  three,  probably 
with  a  reference  to  the  eariy  tribea  (Liv.  Spif^ 
89.)  A  sixteenth  number  was  added  by  Julius 
Caesar  after  his  return  from  Egypt  (Dion  Cass. 
xliL  61.) 

The  members  of  the  college  of  augurs  poasesaed 
self-election  (oooptoft*).  At  first  thev  were  ap- 
pointed by  the  king,  but  as  the  king  I  ' 


AUOUIL 

•n  aa^uf,  their  appoiotnicaBt  by  nun  wis  not  oon- 
U'leT«d  eontnnr  to  thk  principle.  (Rommbts  eoop- 
tarii  amgmn»y  de  Htp.  tL  9.)  They  retained  the 
r^t  of  ciMytatioD  nntil  B.C  103,  the  year  of 
tke  I>anitiu  law.  By  this  law  it  was  enacted 
that  ^^candea  in  the  priestly  colleges  should  he 
tilled  up  by  the  Toies  of  a  mmority  of  the  tribes, 
ie.  BeveBtecn  cat  of  timty-fiTe  chosen  by  lot 
{CV.  dm  Le^  Aqr,  ii.  7  ;  VeU.  Pat  iL  12  ;  Suet 
.Vnr.  2.)  The  Domitian  hw  was  repealed  by 
Salla  B.C  81  (Pseado-Asoon.  m  Ota  Dw.  p.  102, 
ed.  OreSi),  bat  again  restored  B.  c.  63,  daring  the 
eaDsaUip  of  Ciccxo,  by  the  tribme  T.  Annius 
labimms,  with  the  support  of  Caesar  (Dion  Cess. 
xxzTtL  37).  It  was  a  second  time  abn^ted  by 
Antony  B.C.  44  (Dion  Cass.  xUt.  53)  ;  whether 
s^^in  restored  by  Hirtins  and  Pansa  in  their 
psond  smnlmcnt  of  the  acts  of  Antony,  seems 
anccnam.  The  empefori  possessed  the  right  of 
riecttngaagnn  at  pkasnre. 

The  aognrs  were  elected  for  life,  and  eren  if 
capitally  coimcted,  never  lost  their  ncred  charac- 
ter. (Plin.  ^K  It.  8.)  When  a  Tacaacy  occurred, 
the  csadidate  was  nominated  by  two  of  the  elder 
laemben  of  the  college  (Cic  PkiL  iL  2),  ^e  electors 
were  sworn,  and  the  new  member  was  then  so- 
Icnaly  inaogiirated.  (Cic.  BnU.  1.)  On  such 
«wiaiifin  there  was  always  a  splendid  banquet  giren, 
at  which  all  the  angoTS  were  expected  to  be  preient 
(Ck.  ad  Pam.  tu.  26,  ad  Ait  xii.  13,  14,  15.) 
The  only  distSnrtiwi  in  the  college  was  one  of  age ; 
an  elder  aagnr  alwi^  Toted  before  a  younger,  even 
if  the  latter  filled  one  of  the  higher  offices  in  the 
itatCL  (Cic  de  Sem.  1 8.)  The  head  of  the  college 
vas  caDed  wKogutar  coOigiL  It  was  expected  that 
sU  the  aogors  shoold  live  on  fiiendly  terms  with 
cae  another,  and  it  was  a  rale  that  no  one  was 
to  he  cleeted  to  the  office,  who  was  known  to  be  an 
eoear  to  any  of  the  college.  (Cic  ad  Fam,  iii.  1 0.) 
Tke  aagar,  who  had  inanguxated  a  younger  member, 
vuslvi^  tobe  rq^arded  by  the  latter  in  the  light 
d  K  parent   (»  parmtit  etna  loco  eclen,  Cic 

As  insignia  of  their  office  the  aagurs  wore  the 
Ambs,  or  poUie  dress  (Serr.  ad  Aen,  rii.  612), 
iodcanied  in  their  hand  the  Hbau  or  curred  wand. 
[Linnia.]  On  the  coins  of  the  Romans,  who 
fined  the  office  of  augur,  we  constantly  find  the 
Itteo^  and  along  with  it,  not  unfirequently,  the 
(■Fii,  sa  earthen  ressel  which  was  used  by  them 
is  nerifices.  (Jaw,  x.  7  ;  Varr.  2^.  Zr.  t.  121,  ed. 
NfiOcr.)  Both  of  these  instruments  are  seen  in 
tke  naexed  coin  of  Lentnlna. 


AUGUSTALES. 


179 


Tbe  leience  of  the  aaguTi  was  called^  oi^arvm 
isd  ju  amgmrimmt^  and  was  preserved  in  books 
(Unogaroles),  which  are  fireqnently  mentioned 
is  tbe  andcnt  writen.  The  expression  for  con- 
nltiBg  tbe  aagms  was  rrferre  ad  amffttrta,  and 
tlwrsnswers  were  called  dtentaogrttpomta  amgu- 
fsa.  The  science  of  augury  had  neatly  declined 
b  the  time  of  Cicero  ;  and  although  he  frequently 
deptoRS  itsnei^fect  in  hit  DeDimsaCiofie,  yet  neither 


he  nor  any  of  the  educated  dasses  appears  to  have 
had  any  fiuth  in  it  What  a  farce  it  had  become 
a  few  years  htter  is  evident  from  the  statement  of 
Dionysius  (ii  6),  who  informs  us  that  a  new 
magistrate^  who  took  the  auspices  upon  the  first 
day  of  his  office,  was  accustomed  to  have  an  augni 
on  his  side,  who  told  him  that  Ijghtning  had  ap- 
peared on  his  left,  which  was  regarded  as  a  good 
omen,  and  although  nothing  of  the  kind  had 
happened,  this  declaration  was  considered  suffi- 
cient (Masoov,  De  Jure  AutpkU  apud  Jiomanot, 
Lipa.  1721  ;  Werther,  De  Augttrus  Bomama, 
Laugo,  1835  ;  Crenzer,  SymboUhy  vol  ii.  p.  935, 
&c  ;  MUUer,  Etnuker,  vol  iL  p.  110,&c  ;  Har- 
tung,  Die  RdiguM  der  Kamer,  vol  l  p.  98,  &c  ; 
GMxo%,Ge»dikiUederK6m,8iaat90Bif.^\9^^%ic.l 
Becker,  Rom,  AUmih,  vol.  il  part  L  p.  304  ;  but 
abore  all  Rnbino,  RJom.  Verjbmatg^  p.  34,  &c) 
AUGURA'CULUM.  [Augur,  p.  176,  a.] 
AUGURA'LR  [Auour,  p.  176,  a.] 
AUGUSTA'LES  (sc  h»ds  also  called  Am^iu. 
baiia,  sc  e&riamma,  buUerOj  and  by  the  Greek 
writers  and  in  Greek  inscriptions,  S^cmtto,  :te- 
tdatiuu,  A^TowrrdUia),  were  games  celebrated  in 
honour  of  Augustus,  at  Rome  and  in  other  parts 
of  the  Roman  empire.  After  the  battle  of  Actium, 
a  quinquennial  festival  (wov^^pis  irtrrenipis) 
was  instituted;  and  the  birthday  (ytyiBXta)  of 
Augustus,  as  well  as  that  on  which  the  victory  was 
announced  at  Rome,  were  regarded  as  festival  days. 
(Dion  Cass.  11  19.)  In  the  provinces,  also,  in 
addition  to  temples  and  altars,  quinquennial  games 
were  instituted  in  almost  every  town.  (Suet  Awff, 
59.)  The  Roman  equites  were  accustomed  of  their 
own  accord  to  celebrate  the  birthday  of  Augustus 
in  every  alternate  year  (Suet  Aug.  67)  ;  and  the 
praetors,  befiire  any  decree  had  been  passed  for  the 
purpose,  were  also  in  the  habit  of  exhibiting  games 
every  year  in  honour  of  Augustus.  (Dion  Caas, 
liv.  26,  30).  It  was  not,  however,  till  b.  c.  11,  that 
the  festival  on  the  birth-day  of  Augustus  was  for- 
mally established  by  a  decree  of  the  senate  (Dion 
Cass.  liv.  34),  and  it  is  this  festival  which  is 
usually  meant  when  the  Augustales  or  Augustalia 
are  mentioned.  It  was  celebrated  iv.  Id.  Octobr. 
At  the  death  of  Augustus,  this  festival  assumed  a 
more  solemn  character,  was  added  to  the  Fasti, 
and  celebrated  to  his  honour  as  a  god.  (Tac  Anu. 
L  13  ;  Dion  Cass.  IvL  46.)  Hence,  Tacitus  speaks 
of  it  as  first  established  in  the  reign  of  Tiberius 
(Ann.  L  54.)  It  was  henceforth  exhibited  annually 
in  the  circus,  at  first  by  the  tribunes  of  the  plebs, 
at  the  commencement  of  the  reign  of  Tiberius,  but 
afterwards  by  the  praetor  peregrinus.  (Tacit  Ann. 
L  15  ;  Dion  Cass.  IvL  46.)  These  games  con- 
tinued to  be  exhibited  in  the  time  of  Dion  Cassius, 
that  is,  about  ▲.  D.  230  (liv.  84). 

The  augustales,  or  augustalia,  at  Neapolis 
(Naples),  were  celebrated  with  great  splendour. 
They  were  instituted  in  the  lifetime  of  Augustus 
(Suet  Anff.  98),  and  were  celebrated  every  five 
years.  According  to  Strabo  (v.  p.  246),  who 
speaks  of  these  games  without  mentioning  their 
name,  they  rivalled  the  most  magnificent  of  the 
Grecian  festivals.  They  consisted  of  gymnastic 
and  musical  contests,  and  lasted  for  several  days. 
At  these  games  the  Emperor  Claudius  brought 
finrward  a  Greek  comedy,  and  received  the  prize. 
(Suet  Claud.  11  ;  compare  Dion  Cass.  Ix.  6.) 

Augustalia  (S^Scurra)  were  also  celebrated  at 
Alexandria,  as  appears  from   an  inscription  in 
N  2 


180 


AUOUSTALE& 


Qrater  (316.  2) ;  and  in  this  city  there  was  a  mag- 
nificent temple  to  Augustus  {'S€€aurrtioy,  Augtu- 
tale).  We  find  mention  of  augustalia  in  numerous 
oiher  places,  as  Peigamus,  Nicomedta,  &c. 

AUGUSTA'LES,  the  name  of  two  classes  of 
priests,  one  at  Rome  and  the  other  in  the  muni- 
cipia,  frequently  mentioned  in  inscriptions. 

I.  The  AuffusUUe$  at  Rome,  properiy  called  »o- 
dales  Atigutialesy  which  is  the  name  Uiey  always 
bear  in  inscriptions,  were  an  order  of  priests  {Avgut- 
talium  BooerdoUum)  instituted  by  Tiberius  to  attend 
to  the  worship  of  Augustus  and  the  Julia  gens. 
They  were  chosen  by  lot  from  among  the  principal 
persons  of  Rome,  and  were  twenty  -one  in  numbier, 
to  which  were  added  Tiberius,  Drusus,  Claudius, 
and  Qermanicus,  as  members  of  the  imperial 
fiunily.  (Tacit  i  54.)  They  were  also  called 
Boeerdotet  Atigu$talea  (Tacit  Ann.  ii.  83)  ;  and 
sometimes  simply  Augustalee.  (Tacit  Hitl.  iL  95.) 
Similar  priests  were  appointed  to  attend  to  the 
worship  of  other  emperors  after  their  decease  ;  and 
we  accordingly  find  in  inscriptions  mention  made 
of  the  9odales  Flanii^  Hadrumales^  AeUami^  Anto- 
ntfzt,  &c  It  appears  that  the  Jkanmes  Augudalee 
ought  to  be  distinguished  from  the  9odaU$  Augue- 
tales.  We  find  that  fiamines  and  sacerdotes  were 
appointed,  in  the  lifetime  of  Augustus,  to  attend  to 
his  worship ;  but  we  hare  the  express  statements 
of  Suetonius  and  Dion  Cassius  that  this  worship 
was  confined  to  the  provinces,  and  was  not  prac- 
tised in  Rome,  or  in  any  part  of  Italy,  during  the 
lifetime  of  Augustus.  (Tacit  Ann.  1 10  ;  Suet 
Aftg.62\  Dion  Cass.  IL  20.)  Women  even  were 
appomted  priestesses  of  Augustus,  as  appears  firom 
an  inscription  in  Oruter  (320.  10) :  this  practice 
probably  took  its  origin  from  the  appointment  of 
Livia,  by  a  decree  of  the  senate,  to  be  priestess  to 
her  deceased  husband.  (Dion  Cass.  Ivi.  46.)  It 
seems  probable  that  the  sodales  Augustales  were 
entrusted  with  the  management  of  the  worship ; 
but  that  the  fiamines  Augustales  were  the  persons 
who  actually  offered  the  sacrifices  and  performed 
the  other  sacred  rites.  A  member  of  the  sodales 
Augustales  was  sometimes  a  flamen  also  (Orelli, 
Inscrip.  2366, 2368)  ;  and  it  is  not  improbable 
that  the  fiamines  were  appointed  by  the  sodales. 

II.  The  Avgtutale*  m  the  municipia  are  sup- 
posed by  most  modem  writers,  in  consequence  of  the 
statement  of  the  scholiast  on  Horace  {SaL  ii.  3. 281), 
to  have  been  a  class  of  priests  selected  by  Augustus 
from  the  libertini  to  attend  to  the  religious  rites 
connected  with  the  worship  of  the  Lares,  which 
that  empoor  was  said  to  have  put  up  in  places 
where  two  or  mora  ways  met  (OreUi,  Interip. 
ToL  ii.  p.  197.)  But  A.  W.  Zumpt,  in  an  excellent 
essay  on  this  subject,  brings  forward  good  reasons 
for  rejecting  this  opinion.  [Compar.  Comfitalia.] 
He  thinks  it  much  more  probable  that  this  order 
of  priests  was  instituted  in  the  municipia  in  imita- 
tion of  the  Augustales  at  Rome,  and  for  the  same 
object,  namely,  to  attend  to  the  worship  of  Augustus. 
From  the  numerous  inscriptions  in  which  they  are 
mentioned,  we  learn  the  following  fiurts  respecting 
them.  They  formed  a  collegium  and  were  ap- 
pointed by  the  decurionesy  or  senate  of  the  muni- 
cipia. They  were  generally  libertini,  which  is 
easily  accounted  for  by  the  fact,  that  none  but  the 
freebom  (inpenui),  could  obtain  admission  into  the 
curia  of  the  municipia;  and  as  there  seem  to  have 
been  many  expcnces  connected  with  the  discharge 
•f  the  duties  of  the  Augustales,  the  decuriones 


AURUM. 

would  not  be  anxious  to  obtain  this  distiiictloD, 
while  the  libertini  on  the  contiaiy,  who  were 
generally  a  wealthy  class  and  were  not  mvested 
with  any  honour,  would  naturally  covet  it.  The 
Augustales  ranked  next  in  dignity  to  the  decu- 
riones; and  as  they  were  mostly  men  of  property, 
they  came  in  course  of  time  to  form  a  middle  dass 
between  the  decuriones  and  piebs,  like  the  eques- 
trian order  at  Rome.  Thus,  in  the  inBcriptioxia  oi 
many  municipia,  we  find  the  decurionea,  Aug:ii»- 
tales,  and  plebs,  mentioned  together  as  the  three 
classes  into  which  the  community  was  difided. 
The  six  principal  members  of  the  college  were 
called  Seviriy  a  title  which  seems  to  have  been 
imitated  from  the  Seviri  in  the  equestrian  order 
at  Rome.  (Egger,  Eaamen  Critique  de»  HiaUxriens 
andentdela  VieetduIiegned*Augtute^Ptai^lS4-l, 
Appendix  II.,  treats  of  the  Augustales  ;  but  see 
especially  A.  W.  Zumpt,  De  Avguataltbtu  et  Sef?iris 
AvffustaHbus  Oomm^daiio  Epignqthica,  BeroL 
1846.) 

AUGUSTUS,  a  name  bestowed  upon  Octa> 
vianus  in  &  c.  27,  by  the  senate  and  the  Roman 
people.  It  was  a  word  used  in  connection  with 
religion,  and  designated  a  person  as  sacred  and 
worthy  of  worship  ;  hence  the  Greek  writers  trans- 
late it  by  'Xt€axrr6s.  (Dion  Cass.  liii.  16,  18  ; 
Suet  Aug.  7  ;  Veil.  Pat  il  91  ;  Flor.  iv.  12  ; 
Oros.  yi.  20  ;  Censorin.  22  ;  Ov.  Fa$L  i.  607-)  It 
was  not  a  title  indicatire  of  power,  bat  simply  a 
surname ;  and  is  hence  called  by  Suetonxos  (7¥&.  26) 
nomen  hereditarimm.  It  was,  howcTer,  borne  not 
only  by  Tiberius  and  the  other  emperors  coa- 
nected  with  the  fiunily  of  Augustus,  but  was  like> 
wise  adopted  by  all  succeeding  emperara,  as  if 
descended,  either  by  birth  or  adoptioUy  from  the 
first  emperor  of  the  Roman  worid  (m  4^ua  nomen 
vdui  quadam  adopHone  cuU  jun  keredUtMrio  smcoe- 
den,  Lamprid.  Ale^t.  Sever.  10).  The  name  of 
Avgusta  was  frequently  bestowed  upon  females  of 
the  imperial  fimiily,  the  first  instance  of  which 
occurs  in  the  case  of  Liria,  who  receired  thia  title 
upon  her  adoption  into  the  Julia  gens  on  the  death 
of  her  huslxuid  Octarianus  (Tac  ^ss.  L  8)  •  but 
Avgushte  belonged  exclusively  to  the  reigning  em- 
peror till  towards  the  end  of  the  second  century 
of  the  Christian  aera,  when  M.  Aurdius  and  L. 
Verus  both  receired  this  surname  (Spartian.  A^. 
Verusy  5,  M.  Ant.  PkiL  7).  From  this  time  we 
frequently  find  two  or  even  a  greater  number  of 
Avgutti;  and  though  in  that  and  in  all  similar  cases 
the  persons  honoured  with  the  title  were  regarded 
as  participators  of  the  imperial  power,  still  the  one 
who  received  the  title  first  was  looked  upon  aa  the 
head  of  the  empire.  When  there  were  two  An- 
gnsti  we  find  on  coins  and  inscriptions  A  V  O  G, 
and  when  three  A  V  G  G  G.  From  the  time  of 
Probus  the  title  became  perpeHau  At^ttstus^  and 
firom  Philjppus  or  Claudius  Gothicns  eemper  Am- 
guttu»y  the  latter  of  which  titles  was  home  bw  the 
so-called  Roman  emperors  in  Gemiany.  (EckheU 
voL  riii.  p.  354,  &c.)    [Cabsar.] 

AVIA'RIUM.    [Agricultura,  p.  68,  b. J 

AULA.    [DoMUs.] 

AULAEUM.    [SiPARiUM.] 

AU'REUS.    [AuRUM.] 

AURI'GA.    [CiRCUB.1 

AURUM  (xpvo'<{f),  gold.  The  remazka  made 
undo  Arokntum  apply  to  a  great  extent  to  Kold 
as  well  as  silver,  and  the  sources  of  information 
respecting  both  the  precious  metals  are  specified  in 


AURUM. 
that  article.  It  tnmUi  appear  from  a  passage  in  the 
Amtiffam  (t.  1038),  that  in  the  time  of  Sophoeles 
^M.  vaa  rare  at  Athena.  Indeed  throughout  the 
vhole  oi  Oreeee,  though  gold  was  by  no  means  on- 
ksown,  it  awe>n  to  have  Veen  obtained  chii^y 
through  tbe  Greek  dties  of  Asia  Minor,  and  the 
adjacent  island^  whkh  possessed  it  in  abundance. 
The  Honexk  poems  speak  constantly  of  gold  as 
beiag  laid  np  in  tieasanes,  and  used  in  huge  quan- 
tities §ar  the  purposes  of  ornament ;  but  this  is 
saCcseBtij  aceoonted  for  by  the  &et  that  Hinner 
was  an  Aaiatie  Greek.  The  chief  places  finom 
vhich  the  Greeks  pcocmed  their  gold  wa«  India, 
Aabn^  Anaenia,  Colchis,  and  Troas.  It  was 
fiasad  aiixed  with  the  sands  of  the  Pactolus  and 
other  iifcciBu 

Ahuat  the  only  method  of  purifying  gold,  known 
to  the  ancients,  seems  to  hare  been  that  of  grinding 
acd  then  ivssting  it,  and  by  this  process  they  suc- 
ceeded in  getting  it  very  pure.  This  is  what  we 
arc  to  aBdavtand  by  the  phiase  xfuciov  kri^Bw 
in  Thacydides  (iL  13),  and  by  the  word  obnutam 
ia  Pliny  {H.  h\  zxziii.  3.  a.  19),  and  elsewhere 
(Fcnxlnni  a. «.  obrassa).  Respecting  the  use  of 
gold  in  the  fine  arts,  especially  in  tiie  chrysele- 
phaatiae  stntiiea,  see  Torbutics.  The  art  of 
^tkibif^  was  known  to  the  Greeks  from  the  eariiest 
tiaes  of  which  we  hare  any  information.  (Hom. 
a£iE.425,Ti.  232;  Plin.^.Ar.  xxxiiL  3.8.19, 
fLs.32.) 

Gbjoek  Gold  Monst.  —  The  time  when  gold 

was  firat    coined  at  Athens  is  Teiy  uncertain. 

Aristophanes  speaks  in  tiie  Frogt  (406  n.  c)  of  rh 

aau4p  -xpiMiovj  "the  new  gold  money  **  (t.  719), 

which  he   immediately  afterwards  caUs  wmiiipk 

XoAafa  (r.  724).     The  Scholiast  on  this  passage 

states  tkat  in  the  preceding  year  the  golden  statues 

of  Yietoty  had  been  coined  into  money,  and  he 

fsoies  HeOanicos  and  Philochorus  as  authorities 

kt  this  statement.     It  would  appear  from  the  hin- 

(nage  both  of  Aristophanes  and  the  Scholiast,  and 

h  is  fraibable  frmn  the  circumstances  of  Athens  at 

the  time   (it  was  the  year  befoie  the  battle  of 

A^ospoCamiX  that  this  was  a  greatly  debased  gold 

ooi^e,  or  perhaps  only  nit  money,  struck  to  meet 

aparticalmr  exigency.  This  matter  is  distinct  from 

the  gcBCsaJ  question  re^>ect3ng  the  Athenian  gold 

caaaage,  fiir  the  Attic  money  was  proyerbial  for  its 

|arity,  and  the  grammarians,  who  state  that  Athens 

W  a  gold  coinage  at  an  early  period,  speak  of  it 

as  Tefy  pore.     There  are  other  passages  in  Aristo- 

phmes  in  which  gold  money  is  spoken  of;  but  in 

tfacB  he  is  lefiernng  to  Persian  money,  which  is 

known  to  hare  been  imported  into  Athens  before 

tlie  Athenians  had  any  gold  coinage  of  their  own, 

aad  eren  thia  seems  to  haire  been  a  nrity.     (See 

Aiittoph.  Adumu  t.   102,   108,   Equit  ▼.  470, 

Jr.  T.  574.)     Demosthenes  always  uses  ipyvploy 

&r  UMney,  except  when  he  is  speaking  of  foreign 

gold.    In  the  speech  against  Phormio,  where  he 

Rpeatedly  uses  the  word  xpvolw^  we  are  expressly 

told  what  waa  the  money  he  refetied  to,  namely, 

1*20  staten  of  Cyxicns  (pu  914 ;  compare  his  speech 

v^  Abs^.  p.  936).      Isocnites,  who  uses  the 

Word  in  the  same  way,  speaks  in  one  passage  of 

ii9»sr  gold  money  (jcpn^miftiv)  in  exchange  for 

lOTer  {TrapezQ,  pL  367).    In  many  passages  of  the 

ecstiOTB,  gold  money  is  expressly  said  to  have  been 

is^srted  fiom  Penia  and  Macedonia.     If  we  look 

It  the  Athenian  history,  we  find  that  the  silrer 

at  Lsurion   were  regarded  as  one  of  the 


AURUM. 


181 


greatest  treasures  possessed  by  the  state ;  but  no 
such  mention  is  made  of  gold.  Thunrdides  (ii  13) 
in  enumerating  the  money  in  the  Athenian  trea^ 
sury  at  the  beginning  of  the  Peloponnesian  war, 
does  not  mention  goM ;  and  Xenophon  speaks  of 
the  money  of  Athens  in  a  manner  which  would 
lead  us  to  suppose  that  it  had  no  gold  coinage  in 
his  time  (  VecHgal^  vr,  10).  The  mines  of  Scapte- 
hyle,  in  Thrsoe,  were  indeed  worked  some  years 
before  this  period  (Thucyd.  ir.  105) ;  but  the  gold 
procured  from  them  does  not  appear  to  hare  been 
coined,  but  to  huTe  been  hud  up  in  the  treasury  in 
the  form  of  counters  (^tScs,  Bdckh,  Inaoiip.  toI.  l 
pp.  1 45, 1 46).  Foreign  gold  coin  was  often  brought 
into  the  treasury,  as  some  of  the  allies  paid  tk^ir 
tribute  in  money  of  Cysicus.  The  gold  money  thus 
introduced  may  hare  been  allowed  to  circulate, 
while  silver  reinained  the  current  money  of  the  state. 

The  chaiacter  of  the  Attic  gold  coins  now  in 
existence,  and  their  small  numb^  (about  a  dosen), 
is  a  strong  proof  against  the  existence  of  a  gold 
currency  at  Athens  at  an  early  period.  There  are 
three  Attic  staters  in  the  British  Museum,  and  one 
in  the  Hunterian  Museum  at  Glasgow,  which  there 
is  good  reason  to  beliere  are  genuine ;  their  weights 
agree  ezactiy  with  the  Attic  standard.  In  the 
character  of  the  impression  they  bear  a  striking 
resemblance  to  the  old  Attic  tilrer ;  but  they  difler 
finom  it  by  the  absence  of  the  thick  bulky  form,  and 
the  high  relief  of  the  impression  which  is  seen  in 
the  old  silver  of  Athens,  and  in  the  old  gold  coins 
of  other  states.  In  thickness,  volume,  and  the 
depth  of  the  die  from  which  they  were  struck,  they 
closely  resemble  the  Macedonian  coinage.  Now, 
as  upon  the  rise  of  the  Macedonian  empire,  gold 
became  plentiful  in  Greece,  and  was  coined  in 
large  quantities  by  the  Macedonian  kings,  it  is  not 
improbable  that  Athens,  like  other  Grecian  states, 
may  have  followed  their  example,  and  issued  a  gold 
coinage  in  imitation  of  her  ancient  silver.  On  the 
whole,  it  appears  most  probable  that  gold  money 
was  not  coined  at  Athens  in  tiie  period  between 
Pericles  and  Alexander  the  Great,  \£  we  except  the 
solitary  issue  of  debased  gold  in  the  year  407. 

A  question  similar  to  that  just  discussed  arises 
with  respect  to  other  Greek  states,  which  we  know 
to  have  had  a  silver  currency,  but  of  which  a  fo  wgold 
coins  are  also  found.  This  is  the  case  with  Aegina, 
Thebes,  Argos,  Caiystus  in  Euboea,  Acarnania, 
and  Aetolia.  But  of  these  coins  all,  except  two, 
bear  evident  marks,  in  their  weight  or  workman- 
ship, of  belonging  to  a  period  not  earlier  than 
Alexander  the  Great  There  is  great  reason,  there- 
fore, to  believe  tliat  no  gold  coinage  existed  in 
Greece  Proper  before  the  time  of  that  monareh. 

But  from  a  very  eariy  period  the  Asiatic  nations, 
and  the  Greek  cities  of  Asia  Minor  and  the  adja- 
cent islands,  as  well  as  Sicily  and  Cyrene,  possessed 
a  gold  coinage,  which  was  more  or  less  current  in 
Greece.  Herodotus  (i.  94)  says  that  the  Lydians 
were  the  first  who  coined  gold,  and  the  stater  of 
Croesus  appears  to  have  been  the  earliest  gold  coin 
known  to  the  Greeks.  The  Daric  was  a  Persian 
coin.  Staters  of  Cysicus  and  Phocaea  had  a  con- 
siderable currency  in  Greece.  There  was  a  gold 
coinage  in  Samos  as  early  as  the  time  of  Polycrates. 
(Herod,  iii.  56.)  The  isUinds  of  Siphnos  and 
Thasos,  which  possessed  gold  mines,  appear  to  have 
had  a  gold  coinage  at  an  early  period.  In  most  of 
the  coins  of  the  Greek  cities  of  Asia  Minor  the 
metal  is  very  base.  The  Macedonian  gold  coinage 
N  3 


183 


AURUM. 


AUSPICIUM. 


cnxne  bto  cuneolatiflii  in  Greece  in  the  time  of 
Philip,  and  continued  in  nae  till  the  subjection  of 
Greece  to  the  Romani.    [D^Ricus;  Stater.] 

Roman  Gold  Monit.  —  The  etandard  gold 
coin  of  Rome  was  the  ammu  mitmmtu^  or  dmarius 
otffiMt,  which,  accordinff  to  Pliny  {H.y.  zxxiil  8. 
1. 18)  was  first  coined  62  years  after  the  first  siWer 
coinaoe  [Aroentum],  that  is  m  the  year  207  && 
The  lowest  denomination  was  the  aen^mlum^  which 
was  made  equal  to  20  sestertii  The  weight  of  the 
scrupulmii,  as  determined  by  BIr.  Hossey  (AmdeHt 
Weighia  amd  Money)  was  18*06  grs.  In  the  British 
Musemn  there  are  gold  coins  of  one,  two,  throe, 
and  four  scnipula,  the  weights  of  which  are  17  "2, 
84*5,  51*8,  and  68'9  grains  respectirely.  They 
bear  a  head  of  Mars  on  one  side,  and  on  the  other 
an  eagle  standing  on  a  thondeibolt,  and  beneath 
the  inscription  "•  Roma.**  The  first  has  the  mark 
zz  (20  sestertii) ;  the  second,  zzzz  (40  sestertii)  ; 
the  third,  vj^  z  (60  sestertii).  Of  the  hst  we  sab- 
join  an  engraYing :  — 


Pliny  adds  that  afterwards  aurei  were  coined  of 
40  to  the  pound,  which  weight  was  diminished, 
till  under  Nero  (the  reading  of  this  word  is  doubt- 
ful) they  were  45  to  the  pound.  This  change  is 
supposed,  from  an  ezamination  of  eztant  specimens, 
to  have  been  made  in  the  time  of  Julius  Caesar. 
The  estimated  fiill  weight  of  the  aurei  of  40  to  the 
pound  is  ISO'l  grains,  of  those  of  45  to  the  pound 
1 15*64  grains.  No  specimens  ezist  which  come 
up  to  the  130*1  Brains ;  the  heayiest  known  is  one 
of  Pompey,  which  weighs  128*2  grains.  The  aver- 
age of  the  gold  coins  of  Julius  Caesar  is  fized  by 
Letronne  at  125*66  grains,  those  of  Nero  115*39 
grains.  Though  the  weight  of  the  aureus  was 
diminished,  its  proportion  to  the  weight  of  the  de- 
narius remained  about  the  same,  namely,  as  2  :  1 
(or  rather,  perhaps,  as  2*1  :  1).  Therefore  since 
the  standard  weight  of  the  denarius,  under  the 
early  emperors,  was  60  grains,  that  of  the  aureus 
should  be  120.  The  aveiBffe  weight  of  the  aurei 
of  Augustus,  in  the  British  Museum,  is  121*26 
grains :  and  as  the  weight  was  afterwards  dimi- 
nished, we  may  take  the  areia^  at  120  grains. 
There  seems  to  have  been  no  intentional  alloy  in 
the  Roman  gold  coins,  but  they  generally  contained 
a  small  portion  of  native  silver.  The  average  alloy 
is  gj^  The  aureus  of  the  Roman  emperors,  therefore, 
contained  ^  =:  *4  of  a  grain  of  alloy,  and  there^ 
fore  119*6  grains  of  pure  gold.  Now  a  sovereign 
contams  113*12  grains  of  pure  gold.  Therefore  the 
value  of  the  aureus  in  terms  of  the  sovereign  is 
M  :  fi  =  1*0564  ^  U  Is.  Id.  and  a  little  more 
than  a  halipenny.  This  is  its  value  according  to 
the  present  worth  of  gold  ;  but  its  current  value  in 
Rome  was  different  firom  this,  on  account  of  the  dif- 
ference in  the  worth  of  the  metal  The  aureus 
passed  for  25  denarii;  therefore,  the  denarius 
being  8li.,  it  was  worth  1 7s;  8^.  The  ratio  of  the 
value  of  gold  to  that  of  silver  is  given  in  the  article 
Aaoxntum.  The  following  cut  represents  an 
aureus  of  Augustus  in  the  Bntish  Museum,  which 
weighs  121  grains. 


Alezander  Severas  coined  pieces  of  one-half  amd 
one  third  of  the  aureus,  called  SemisM  and  ir<em%t* 
tU  (Lamprid.  AUat,  Sev,  c  39X  after  which  tioie 
the  aureus  waa  called  tolidut, 

Constantino  the  Great  coined  anrei  of  72  to  the 
pound ;  at  whidi  standard  the  coin  remained  to 
the  end  of  the  empire.  (Cod.  z.  tit  70.  a.  5; 
Hussey,  On  AneuiU  WeigkU  and  Money ;  l^nnn. 
IM  Pond.  Ac.)  [P.  a] 

AURUM  CORONA'RIUM.  When* general 
in  a  Roman  province  had  obtained  a  victory,  it 
was  the  custom  for  the  cities  in  his  own  proTincea, 
and  for  those  from  the  neiffhbouring  statea,  to  aend 
golden  crowns  to  him,  which  were  caixicd  b^ire 
him  in  his  triumph  at  Rome.  (Liv.  zzzviiL  37, 
zzziz.  7;  Festus,  t.  v.  TnumjAdee  Coronae.)  This 
practice  appears  to  have  been  bomwed  from  the 
Greeks ;  for  Chares  related,  in  his  history  of  Alex- 
ander (ap.  A  then.  ziL  p.  539.  a.),  that  after  the 
conquest  of  Persia,  crowns  were  sent  to  Alez- 
ander, which  amounted  to  the  weight  of  10,500 
talents.  The  number  of  crowns  which  were  sent 
to  a  Roman  general  was  sometimes  very  ^;reat 
Cn.  Manlius  had  200  crowns  carried  before  him  in 
the  triumph  which  he  obtained  on  account  of  his 
conquest  of  the  Gauls  in  Asia.  (Liv.  xzziz.  7.) 
In  the  time  of  Cicero,  it  appears  to  have  been 
usual  for  the  cities  of  the  provinces,  instead  of 
sending  crowns  on  occasion  of  a  victory,  to  pay 
money,  w^hich  was  called  anmm  eoronarimn.  (Cic 
Leff,  Agr,  iL  22 ;  GelL  v.  6 ;  Monum.  Ancyr.) 
This  offering,  which  was  at  first  voluntary,  came 
to  be  regarded  as  a  reguhu-  tribute,  and  seems  to 
have  been  sometimes  ezacted  by  the  governors  of 
the  provinces,  even  when  no  victory  had  been 
gained.  By  a  law  of  Julius  Caesar  (Cic  m  Pit, 
37),  it  was  provided  that  the  aurum  coronarimn 
should  not  be  given  unless  a  triumph  was  decreed ; 
but  under  the  emperors  it  was  presented  on  many 
other  occasions,  as,  for  instance,  on  the  adoption  of 
Antoninus  Pius.  (Capitolm.  Anion.  Piat,  c.  4.)  It 
continued  to  be  collected,  i^parentiy  as  a  part  of 
the  revenue,  in  the  time  of  Valentinian  and  Theo- 
dosius.     (Cod.  10.  tit  74.) 

Servins  says  (ad  Virg.  Aen,  viii.  721),  that 
aurum  coronarium  was  a  sum  of  money  ezacted 
from  conquered  nations,  in  consideration  of  the 
lives  of  the  citizens  being  spared ;  but  this  state- 
ment does  not  appear  to  be  correct 

AURUM  LUSTRA'LE  was  a  taz  imposed  by 
Constantine^  according  to  Zosimus  (ii.  38),  upon 
all  merchants  and  traders,  which  was  payable  at 
every  lustrunii  or  every  four  years,  and  not  at  every 
five,  as  might  have  been  ezpected  from  the  original 
length  of  the  lustrum.  This  taz  was  ahw  odled 
auri  et  atyenti  ooUatio  or  praetUtHo^  and  thus  in 
Greek  ^  <nnn4Keia  ^  rot;  xf^^^^VT^P^^  (Cod.  11. 
tit  1 ;  Cod.  Theod.  18.  tit  1.) 

AURUM  VICESIMA'RIUM.  [Amaricm, 
p.  23,  b.] 

AUSPEX.     [AuoDR.] 

AUSPrCIUM.    [AUOUR.J 


AXONES. 

AUTHrNTICA.  [Novbllak.] 
AUTHEPSA  (oM^s),  which  literally 
''  scif-bailiiig**  or  **  self^w^dBg,^  wu  the  name  of 
•  Tcaael,  w&di  u  mppoMd  by  BiHtiger  to  hare 
been  oaed  for  heating  water,  or  for  keepixig  it  hot 
Its  SaoB  k  not  known  far  otftatn ;  but  BSttiger 
(S'liWfi,  tqL  iL  pb  30)  conjectoret  that  a  Yetael, 
wiak&  it  eqgnToi  m  Cayius  {JHeeueil  d*Antiomthy 
TwiL  ii.  tah.  27),  is  a  tpedmen  of  an  autnepia. 
Cioeva  (pro  Rote  Awmiau  46)  tpeaki  of  anthepiae 
aawDg  other  costly  CorinUuan  and  Delian  veisels. 
In  later  tiniei  they  wen  made  of  sflver.  (Lam- 
fffi<L  MtHogA,  19;  hut  the  leading  is  doubtful) 
Tlie  aaofl&at  Mens  to  haTo  been  a  veteel  of  a 
similar  kind. 

AUTOMOLIAS     GRAPHE"     {fUnoitoKiat 
4)t  the  aoentttion  of  penons  chaiged  with 


BALNKAE. 


183 


liBTnig  deserted  and  gone  over  to  the  enemy  during 

war  (PoOnx,  vi  151).    There  are  no  speeches 

extant  apon  this  Bnb)ect»     Petitns,  however,  col- 

lecu  (X^.  AIL  pw  674)  fran  the  wofds  of  a  com- 

mcntatar  apon  Demosthenes  (Ulpian),  that  the 

pmishwimt  of  this  crime  was  death.     Meier  {AtL 

Prot.  pk  365)  awards  the  presidency  of  the  court  in 

which  it  was  tried  to  the  generals ;  but  the  ctrcum- 

stsace  of  persons  who  left  the  dty  in  times  of 

danger  without  any  intention  of  going  over  to  the 

oicny,  being  tried  by  the  Areiopagus  as  traitors 

(Lycnig.  c  laoeraL  p.  177X  ^iU  make  us  pause 

before  we  eondude  that  persons  not  enlisted  as 

soldlesB  eodd  be  indicted  of  this  offence  before  a 

ailicBy  tribunal  [J.  S.  M.] 

AUTCNOMI   (tAT6w/Moi\  the  name  given 
bj  the  Greeks  to  those  states  which  were  governed 
hj  their  own  laws,  and  were  not  subject  to  any 
fareign  power.    (Thuc.  v.  1 8,  27 ;  Xen.  llelL  v.  1. 
S  31.)    This  name  was  also  given  to  those  cities 
nhjcct  to  the  Romans,  which  were  permitted  to 
ca|oy  their  own  laws,  and  elect  their  own  magis- 
tntes  (Omucs,  jhm  bgiinu  el  judidU  utae^  airrwo- 
|iM9  ad^ftoe^    ttmwerunt,    Cic.  Ad  Att.  vi.  2). 
This  pcnaission  was  regarded  as  a  great  privilege, 
and  nark  of  honour ;  and  we  accordingly  find  it 
molded  OB  coins  and  medals,  as,  for  instance,  on 
Ikse  of   Antiock    AKnOXEAN    MHTPOnOA. 
ATroKOMOT,  on  those  of  Halicarnassus  AAIKAP- 
NACCEON  ATTONOMON,  and  on  those  of  many 
otkr  citiei.     (Spanheim,  D§  FraeaL  «f  Urn  A»- 
mM.pL78d.  Anist.1671.) 
AVU'LSIO.    [CoMPUua] 
AUXILIA'RE&    [Socu.] 
AXAHENTA    [SalzlJ 
AXINE(^(rit).    [Sbcv&ib.] 
AXI&    [Caftars.] 

A'XONES  («(arcr),  also  caUed  buieit  (icvp- 
fat),  wooden  tableU  of  a  square  or  pyiamidical 
Im  made  to  toni  on  an  axis,  on  which  were 
viitten  the  laws  of  Solon.  According  to  some 
enters  the  Aaimea  contained  the  dvO,  and  the 
JTwWrthe  retigioins  Uiwi ;  according  to  others  the 
Kwfieit  had  fam  sides  and  the  Asaonet  three  sides. 
But  St  Athens,  at  all  events,  they  must  have  been 
iieitksl,  since  snch  is  the  statement  of  Aristotle 
(opi  PtaL  Sol,  25).  They  were  at  first  preserved 
m  tiis  aoopoiis,  but  were  afterwards  placed, 
(hnq^  the  advice  of  Ephialtes,  in  the  agora,  in 
orief  that  all  peaons  migbt  be  a^e  to  read  them. 
A  nil  portion  of  them  was  preserved  in  the  time 
d  Pi&tarch  in  the  prytaneium.  (Plut  SoL  25  ; 
SehoL  9d  Arittopk.  Av.  1360;  SchoL  ad  ApolL 
JKU.  iv.  280  ;  Harpocrat.  ^  tcarM^  wiftos;  Her- 


mann, Grieck.  StaataaUertk,  §  107,  n.  1 ;  Wachs- 
muth  HalL  Aliertkumsk,  vol.  L  p.  491,  2nd  ed.) 


BACCHANA'LIA.    [DioNrsiA.] 

BAKTE'RIA  (/3am}pia),  a  staff  borne  by  the 
dicasti  at  Athens.     [Dicastbs.] 

BA'LATRO,  a  professional  jester,  buffoon,  or 
parasite.  (Hor.  SaU  i.  2.  2.)  In  Horace  {Sat  ii. 
8. 21)  Balatre  is  used  as  a  proper  name — Servilius 
Balatro.  An  old  Scholiast,  in  commenting  on  this 
word,  derives  the  common  word  from  the  proper 
names ;  buffoons  being  called  balatrones,  because 
Servilius  Balatro  was  a  buffoon :  but  this  is  op> 
posed  to  the  natural  inference  from  the  former  pas- 
sage, and  was  said  to  get  rid  of  a  difficulty.  Festus 
derives  the  word  from  blatea,  and  supposes  buffoons 
to  have  been  called  balatrones,  because  they  were 
dirty  follows,  and  were  covered  with  spots  of  mud 
{bUjkeae\  with  which  they  got  spattered  in  walking; 
but  this  is  opposed  to  sound  etymology  and  com- 
mon sense.  Another  writer  has  derived  it  fivm 
barathrum,  and  supposes  buffoons  to  have  been 
called  balatrones,  because  they,  so  to  speak,  carried 
their  jesting  to  market,  even  into  the  very  depth 
{baituthrum)  of  the  shambles  {batxUkrwm  macelU^ 
Hot.  Ep,  i.  15.  31).  Perhaps  balatro  may  be 
connected  with  bala-r»  (to  bleat  like  a  sheep,  and 
hence)  to  speak  sillily.  It  is  probably  connected 
with  bkttaro^  a  busy-bod^.  (GeU.  I  15.)  Bala- 
trones were  paid  for  then:  jests,  and  the  tables  of 
the  wealthy  were  generally  open  to  them  for  tha 
sake  of  the  amusement  they  afforded.     [A.  A  J 

BALISTA.    [ToRMXNTUM.] 

BA'LNEAE,  Balineaey  BcUneum^  BaUneum^ 
Thermae  (a(rdfuy$os,fia?iayudyyKo€Tp6y^XovTp6y), 
These  words  are  all  comroonlv  translated  by  our 
general  term  bath  or  baths ;  but  in  the  writings 
of  the  earlier  and  better  authors  they  are  used 
with  discrimination.  Balneum  or  balifieum^  which 
is  derived  from  the  Greek  /SaAaysiby  ( Varro,  J>e 
Lmg.  Lai,  ix.  68,  ed.  Miiller),  signifies,  in  its 
primary  sense,  a  bath  or  bathing-vessel,  such  as 
most  persons  of  any  consequence  amongst  the  Bo- 
mans  possessed  in  their  own  houses  (Cia  Ad  AU. 
ii.  3),  and  hence  the  chamber  which  contained  the 
bath  (Cic.  Ad  Fanu  xiv.  20),  which  is  also  the 
proper  tnnsUtion  of  the  word  balneariwm.  The 
diminutive  balneobim  is  adopted  by  Seneca  {JEp. 
86)  to  designate  the  bath-n:om  of  Scipio,  in  the 
villa  at  Litemum,  and  is  expressly  used  to  cha- 
racterise the  modesty  of  republican  mannen  as 
compared  with  the  luxury  of  his  own  times.  But 
when  the  baths  of  private  individuals  became  more 
sumptuous,  and  comprised  many  rooms,  instead  of 
the  one  small  chamber  described  by  Seneca,  the 
plural  balnea  or  balinea  was  adopted,  which  still, 
in  correct  language,  had  reference  only  to  the  baths 
of  private  persons.  Thus  Cicero  terms  the  baths 
attlie  villa  of  his  brother  Quintus  (AdQ,  Frat  iil 
1.  §  1)  balnearia,  Balneae  and  baUneae^  which 
according  to  Varro  (Z>e  Lit^.  Lai,  viii.  25,  ix.  41, 
ed.  Miiller)  have  no  singular  number  *,  were  the 
public  baths.  Thus  Cicero  {Pro  Gael,  26)  speaks 
of  babieae  SenuUj  balneae  ptAlicae^  and  in  v^tSmlo 


*  Balnea  is,  however,  used  in  the  singukir  to  de« 
signate  a  private  bath  in  an  inscription  quoted  by 
Reinesius.     (/iwcr.  xi.  115.) 
N  4 


184 


BALNEAE. 


balneartim  (lb.  26),  and  Aulns  Gelliiu(iiL  1,  z.  3) 
of  bcUnsat  Siiias.  But  this  aocuracj  of  diction  is 
neglected  bj  many  of  the  Bubseqaent  writers,  and 
particularly  by  the  poets,  amongst  whom  balnea  is 
not  uncommonly  used  in  the  plural  number  to  sig- 
nify the  public  baths,  since  the  word  babieae  could 
not  be  intfoduced  in  an  hexameter  verse.  Pliny 
also,  in  the  same  sentence,  makes  use  of  the  neuter 
plural  balnea  for  public,  and  of  balnatm  for  a  private 
bath.  {Ep.  ii.  1 7.)  TT^ermae  (p4pfuu^  hot  springs) 
meant  properly  warm  springs,  or  baths  of  warm 
wator ;  but  came  to  be  applied  to  those  magnificent 
edifices  which  grew  up  under  the  empire,  in  place 
of  the  simple  balneae  of  the  republic,  and  which 
comprised  within  their  range  of  buildings  all  the 
appurtenances  belonging  to  the  Greek  gymnasia, 
as  well  as  a  regular  establishment  appropriated  for 
bathing.  (Jut.  Sai,  vii.  233).  Writers,  however, 
use  these  terms  without  distinction.  Thus  the 
baths  erected  by  Claudius  Etruscus,  the  fireedman 
of  the  Emperor  Claudian,  are  styled  by  Statins 
{Syh.  I  5.  13)  baUuay  and  by  Martial  (vi.  42) 
Etrtud  thermulae.  In  an  epigram  by  Martial  (ix. 
76) — subice  balneum  thermit — the  tenns  are  not 
applied  to  the  whole  building,  but  to  two  different 
chambers  in  the  same  edifice. 

Oreek  Bathe,  —  Bathing  was  a  practice  familiar 
to  the  Greeks  of  both  sexes  from  the  earliest  times, 
both  in  fipesh  water  and  salt,  and  in  the  natural 
warm  springs,  as  well  as  vessels  artificially  heated. 
Thus  Nausicaa,  daughter  of  Alcinous,  king  of 
Phaeacia,  goes  out  with  her  attendants  to  wash 
her  clothes  ;  and  after  the  task  is  done,  she  bathes 
herself  in  the  river.  {OcL  vi.  58,  65.)  Ulysses, 
who  is  conducted  to  the  same  spot,  strips  and  takes 
a  bath,  whilst  Nausicaa  and  her  servants  stand 
aside.  (Oc/.  vu  210— 224.)  Europa  also  bathes 
in  the  river  Anaums  (Mosch.  Jd.  ii.  SIX  and  Helen 
and  her  companions  in  the  Eurotas.  (Theocr.  Id. 
vii.  22.)  Warm  springs  were  also  resorted  to  for 
the  purpose  of  bathing.  The  'H^Xcm  Kovrph, 
shown  by  Hephaestus  or  Athena  to  Hercules  are 
celebrated  by  the  poets.  Pindar  speaks  of  the  hot 
baths  of  the  nymphs — dtpftii  Nv/u^  ?iovrpa 
{Olymp,  xii  27),  and  Homer  {IL  zzil  149)  cele- 
brates one  of  the  streams  of  the  Scamander  for  its 
warm  temperature.  The  artificial  warm  bath  was 
taken  in  a  vessel  called  iurdfuyOos  by  Homer,  and 
i/t^affu  by  Athenaeus  (i.  p.  25).  It  would  ap- 
pear from  the  description  of  the  bath  administered 
to  Ulysses  in  the  palace  of  Circe,  that  this  vessel 
did  not  contain  water  itself,  but  was  only  used  for 
the  bather  to  sit  in  while  the  warm  water  was 
poured  over  him,  which  was  heated  in  a  lai^e 
caldron  or  tripod,  under  which  the  fire  was  placed, 
and  when  sufficiently  warmed,  was  taken  out  in 
other  vessels  and  poured  over  the  head  and 
shoulders  of  the  person  who  sat  in  the  iurdfuyOos. 
(Od.  X.  359 — 365.)  Where  cleanliness  merely  was 
the  object  sought,  cold  bathing  was  adopted,  which 
was  considereii  as  most  bracing  to  the  nerves 
(Athen.  L  c.)  ;  but  after  violent  bodily  exertion  or 
&tigue  warm  water  was  made  use  o^  in  order  to 
refii^sh  the  body,  and  relax  the  over  tension  of  the 
muscles,  (7c^.  ib, ;  comp.  Hom.  IL  x.  576,  Od,  iv. 
48,  et  alibi.) 

The  iurdfuyBos  was  of  polished  marble,  like  the 
basins  (labra)  which  have  been  discovered  in  the 
Roman  baths,  and  sometimes  of  silver.  Indul- 
gence in  the  warm  bath  was  considered,  in  Horner^ 
time,  a  mark  of  effeminacy  {Od,  viiL  248). 


BALNEAE. 

The  use  of  the  warm  bath  was  preceded  by  battl- 
ing in  cold  water  (IL  z.  576).  The  later  custom  «-€* 
plunging  into  cold  water  after  the  warm  bath  mess- 
tioned  by  Aristeides  (voL  i  OfxU.  2.  Saer.  Senan^ 
p.  515),  who  wrote  in  the  second  century  of  o>ax 
era,  was  no  doubt  borrowed  from  the  Ramans. 

After  bathing,  both  sexes  anointed  themselves 
with  oil,  in  order  that  the  skin  might  not  be  left 
harsh  and  rough,  especially  after  warm  water. 
{Od.  vi.  96 ;  Athen.  Le. ;  Plin.  H.N.  ziii.  1.  ; 
see  also  11  xiv.  172,  xxili.  186.)  The  use  of  pr&- 
cious  unguents  (fivpa)  was  unknown  at  that  eetAy 
period.  In  the  heroic  ages,  as  well  as  later  times, 
refreshments  were  usually  taken  after  the  bath. 
{Od.  vi.  97.) 

The  Lacedaemonians,  who  considered  warm 
water  as  enervating  and  effeminate,  used  two 
kinds  of  baths  ;  namely,  the  cold  daily  bath  in  the 
Eurotas  (Xen.  Hell  v.  4.  S  28 ;  Plut  Ale.  23), 
and  a  dry  sudorific  bath  in  a  chamber  heated  with 
warm  air  by  means  of  a  stove  (Dion  Cass.  Hii. 
p.  515,  ed.  Hannov.  1606) ;  and  firom  them  the 
chamber  used  by  the  Romans  for  a  similar  purpose 
was  termed  Laoonieam  (compare  Strabo,  iii.  p.  413, 
ed.  Siebenkees,  and  Casaub.  ad  loc). 

At  Athens  the  fi:equent  use  of  the  public  baths 
was  regarded  in  the  time  of  Socrates  and  De> 
mosthenes  as  a  mark  of  luxury  and  effeminacy. 
(Demosth.  e.  Pclyd.  p.  1217.)  Accordingly  Pho- 
cion  was  said  to  have  never  bathed  in  a  public 
bath  {h  fiaXay^lip  hifimru^rT^,  Pint  Pkoa  4), 
and  Socrates  to  have  made  use  of  it  veiy  seldom. 
(Pkto,  Symp.  p.  174.)  It  was,  however,  only  the 
warm  baths  (/SoXorcia,  called  by  Homer  Sfp/AiL 
?^mnpd)  to  which  objection  was  made,  and  which 
in  ancient  times  were  not  allowed  to  be  built 
within  the  city.  (Athen.  i.  p.  18,  b.)  The  esti- 
mation  in  which  such  baths  were  held,  is  ex- 
pressed in  the  following  lines  of  Hermippus  (ap. 
Athen.  L  c.) 

M&  rhy  Ar,  ob  fihrrot  fuBitiP  rbv  Hi^pa  xp4 
rhw  ikyal^y^  Mh  i^pftoXovrc^,  h  ait  wouU. 

In  the  Clouds  of  Aristophanes  the  hUcatos  Kiyot 
warns  the  young  man  to  abstain  fipom  the  baths 
(/SoXoycfwi'  &ir^ffflr9ai,  L  978),  which  passage,  com- 
pared with  1. 1028 — 1037,  shows  that  warm  baths 
are  intended  by  the  word  fiakeoftid. 

The  baths  {fiaXamtta)  were  either  public  {Thh 
fUtria,  hrifio<n€{>opTa)  or  private  (fco,  mtuTucdy. 
The  former  were  the  property  of  the  state,  bat  the 
latter  were  built  by  private  individuals,  and  wen 
opened  to  the  public  on  the  payment  of  a  fee 
{iwi\ouTpov).  ouch  private  baths  are  mentioned 
by  Plutarch  {Demetr.  24)  and  Isaeus  {De  Dieaeog. 
her.  p.  101),  who  speaks  of  one  which  was  sold  for 
3000  drachmae.  {De  PhilocL  her.  p.  140.)  Baths 
of  this  kind  may  also  have  been  intended  some- 
times for  the  exclusive  use  of  the  persons  to  whom 
they  belonged.  (Xen.  Rep.  AA.  ii  10.)  A  small 
fee  appears  to  have  been  also  paid  by  each  person 
to  the  keeper  of  the  public  baths  (/3aAJayc^»)»  which 
in  the  time  of  Lucian  was  two  oboli.  (Lndan, 
Lexiph.  2.  vol.  il  p.  320.) 

We  know  veiy  little  of  the  baths  of  the  Athe- 
nians during  the' republican  period  ;  for  the  account 
of  Lucian  in  his  Hippias  relates  to  baths  con- 
structed after  the  Ronum  model.  On  ancient  vases, 
on  which  persons  are  represented  bathing,  we  never 
find  any  thing  corresponding  to  a  modem  bath  in 
which  persons  can  stand  or  sit ;  but  there  is  always 


BALNEAE. 
a  noad  or  oval  Iwixi  {XmtHip  or  XovrtipMtf\  rect> 
a^  oo  a  iteid  (Aricrorw),  by  the  tide  of  which 
ihoti  who  are  baihing  are  Rpzcaented  ttanding 
mufaoKd  and  washing  themielrei,  as  is  seen  in 
the  faUoving  woodcut  tak«m  finun  Sir  W.  Hamil- 
tok't  TMM.  (Tischbein,  L  pL  58.)  The  wocd 
AHN02IA  span  it  shows  that  it  behmged  to  a 
pobiiclatL 


BALNEAR. 


185 


-§^t}= 


Tlw  next  woodcut  ia  also  taken  from  the  same 
work  (L  pL  59),  and  lepreaents  two  women  bath- 
iaf.  The  one  on  the  right  hand  is  entirely  naked, 
1^  balds  a  looking-glass  in  her  right  hand ;  the  one 
oaiheMtweafsanlyashMtkindofxrrt^io''*  £n» 
is  ie|StteiiUd  hovering  otv  the  hathing  vessel 


Baddes  tha  XaoTripts  and  Xmrriipta  there  were 
aho  the  resscli  for  bathing,  huge  enough  for  ner- 
HM  to  sit  in,  which,  as  stated  above,  are  called 
iffJituSoi  by  Homer  and  'r^Xoi  by  the  later 
Qneks  (SchoL  ad  Aritiopk  EqmL  1055  ;  Hesych. 
I.V.  ntoAot;  PoDox,  viL  166,  168).  In  the 
batW  thcfe  was  also  a  kind  of  sudorific  or  vapour 
lath  called  wvpia  or  wvpior^pior,  which  is  men- 
tioBied  as  early  as  the  time  of  Herodotus  (iv.  75). 
(Conpare  PoUnx,  viL  168 ;  Athen.  v.  p.  207,  U 
xiLp.519,e.;PltttGHa.l.) 

Tike  perwns  who  bathed  probably  brought  with 
tkea  itrigila,  oil,  and  towels.  The  strigil,  which 
vtt  called  by  the  Greeks  (rrXvyyis  or  ^^irrpo, 
W  laoslly  made  of  iron,  but  sometimes  also  of 
otWr  naterials.  (Plut.  Ind.  Lac  32 ;  Aelian, 
xo-  29.)  One  of  the  figures  in  the  preceding 
vwdcQt  is  represented  wiu  a  strigil  in  his  hand  ; 


seven]  str^:ils  are  figund  below.  The  Oraeks 
also  used  different  materials  £ar  <'b*Mmg  or  wash- 
ing  themselves  in  the  bath,  to  which  the  general 
name  of  ^^/ifia  was  given,  and  which  were  sup- 
plied by  the  iSaXarff^s.  (Aristoph.  Lyti$tr.  377.) 
This  pipLtM  usually  consisted  of  a  lye  made  of  lime 
or  wood-ashes  {itwia\  of  nitnmi,  and  of  fidler*s 
earth  (7^  ici/M»Ma,  Aristoph.  Rxm,  710  and  SchoL ; 
PbL  B^  iv.  p.  430). 

The  hath  wasgenoally  taken  shortly  before  the 
Zthrvw  or  principal  meal  of  the  day.  It  was  the 
practice  to  take  first  a  wann  or  vapour,  and  after- 
wards a  cold  bath  (Plut  da  primo  /rig,  10  ;  Paus. 
iL  34.  i  2),  though  in  the  time  of  Homer  the  cold 
hath  appears  to  have  been  taken  first  and  the  wann 
afterwards.  The  cold  water  was  usually  poured 
on  the  back  or  shoulders  of  the  bathers  by  the 
iSoAcu'c^f  or  his  assistants,  who  are  called  wapax^ 
roi.  (Plat.  Rep.  L  p.  344  ;  Lucian,  Demotik.  Em- 
com,  16.  vol  ill  p.  503 ;  Plut  de  Iwrid,  6,  Apopktk. 
Lac  49.)  The  vessel,  firom  which  the  water  was 
poured,  was  call^  ^^oiro.  (Aristoph.  EtpuL 
1087 ;  Theophr.  Ckar,  9.)  In  the  first  of  the  pre- 
ceding woodcuts  a  vofwx^f  is  represented  with 
an  iipvT€uya  in  his  haiids. 

Among  the  Greeks  a  person  was  always  bathed 
at  birth,  marriage,  and  after  death  [Fun us]  ; 
whence  it  is  saU  of  the  Dardanians,  an  Illy- 
rian  people,  that  they  bathe  only  thrice  in  their 
lives,  at  birth,  mazriage,  and  after  death.  (Nicol 
Damasc.  ap.  Slob,  v.  51.  p.  152,  Gaisfl)  The 
water  in  which  the  bride  was  bathed  (KnnfA^ 
wvni^ut6yf  Aristoph.  Lytittr,  378)  at  Athens,  was 
taken  firom  the  fountain  of  KallirrhoS,  which  was 
called  from  the  time  of  Peisistratus  'Eyycdirpovrof . 
(Thucyd.  il  15.)  (Compare  Pollux,  ul  43  ;  Har- 
pocrat  8,  V,  AovTpo^6poSf  who  says  that  the  water 
was  fetched  by  a  boy,  who  was  the  nearest  rela- 
tion, and  that  this  boy  was  called  \mnpo^6pos. 
He  also  states  that  water  was  fetched  in  the  same 
way  to  bathe  the  bodies  of  those  who  had  died  un- 
married, and  that  on  the  monuments  of  such,  a  boy 
was  represented  holding  a  water-vessel  (v8p(al 
Pollux  {L  e.X  however,  states  that  it  was  a  female 
who  fetched  the  water  on  such  occasions,  and  De- 
mosthenes (e.  Leockar.  p.  1089.  23  ;  compare  p. 
1086.  14.  &C.)  speaks  of  1^  Xovrpoi^s  on  the 
monument  of  a  person  who  had  dieid  unmarried. 
In  remains  of  ancient  art  we  find  girls  represented 
as  Aovrpo^poi,  but  never  boys.  (BrSnsted,  Brief 
Descriptiom  of  tkirty-iwo  anami  Qroek  Foses,  pi 
27.  The  best  account  of  the  Greek  baths  is  given 
by  Becker,  CkankUM^  volil  pp.135 — 146,  pp. 
459—462.) 

Romam  Baiki,  —  The  Romans,  in  the  eariier 
periods  of  their  histoiy,  used  the  bath  but  seldom, 
and  only  for  health  and  cleanliness,  not  as  a 
luxury.  Thus  we  learn  from  Seneca  (Ep.  86) 
that  the  ancient  Romans  washed  their  legs  and 
arms  daily,  and  bathed  their  whole  body  once  a 
week.  (Comp.  Cat  de  Lib,  Edue,  ap,  Non.  iil 
t.  V.  Epkippium  ;  Colum.  A.  A.  L  6.  §  20.) 

It  is  not  recorded  at  what  precise  period  the  use 
of  the  warm  bath  was  first  introduced  amongst  the 
Romans ;  but  we  learn  from  Seneca  (2.  c.)  that 
Sdpio  had  a  warm  bath  in  his  villa  at  Litemum  ; 
which,  however,  was  of  the  simplest  kind,  consist- 
ing of  a  single  chamber,  just  sufiicient  for  the 
necessary  purposes,  and  without  any  pretensions 
to  luxury.  It  was  **  small  and  dark^^  he  savs, 
**  after  the  manner  of  the  ancients.^    Seneca  alao 


186 


BALNEAE. 


deflcribes  the  public  baths  as  obteura  et  grtigaiU 
iedorio  induetOj  and  as  bo  simple  in  their  anange- 
ments  that  the  aedile  judged  of  the  proper  tem< 
perature  by  his  hands.  These  were  baths  of  wann 
mooter;  but  the  practice  of  heating  an  apartment 
with  warm  air  by  flues  phioed  immediately  onder 
It,  80  as  to  produce  a  vapour  bath,  is  stated  by  Va- 
lerius Maximus  (ix.  I.  §  1)  and  by  Pliny  {H,  N.  ix. 
54.  s.  79)  to  have  been  inyented  by  Scoigius  Orata, 
who  lived  in  the  age  of  L.  Ciassus,  the  orator, 
before  the  Marsie  war.  The  escpression  used  by 
Valerius  Mazimus  is  baUiM  pmmiia,  and  by  Pliny 
balineat  ptmsikfy  which  is  differently  explained  by 
different  commentators  ;  but  a  single  glance  at  the 
phins  inserted  below  will  bo  sufficient  in  order  to 
comprehend  the  manner  in  which  the  flooring  of 
the  chambers  was  ttupended  over  the  hoUow  cells 
of  the  hypocaust,  called  by  Vitruvius  nupeawm 
caldariorum  (v.  1 1),  so  as  to  leave  no  doubt  as  to 
the  precise  meaning  of  the  invention,  which  is  more 
fully  exemplified  in  the  following  passage  of  Au- 
sonius(JlfoM/^337):— 

**  Quid  (memorem)  quae  sulphurea  substnicta  cre- 
pidine  fumant 
Balnea,  ferventi  cum  Mnlciber  hanstus  operto, 
Volvit  anhelatas  tectoria  per  cava  flammas, 
Indusum  glomerans  aestu  exspiiante  vaporem?** 

B^  the  time  of  Cicero,  the  use  of  baths,  both 
public  and  private,  of  warm  water  and  hot  air,  had 
become  general  {EpkL  ad  Q,  Frat  iiu  1 ) ;  and  we 
learn  from  one  of  his  orations  that  there  were 
already  baths  {balneM  Setdcui)  at  Rome,  which 
were  open  to  the  public  upon  payment  of  a  small 
sum  {Pro  CaeL  25,  26). 

In  the  earlier  ages  of  Roman  history  a  much 
peater  delicacy  was  observed  with  respect  to  bath- 
ing, even  amongst  the  men,  than  was  usual  among 
the  Greeks ;  for  according  to  Valerius  Maximus 
(iL  1.  §  7)  it  was  deemed  indecent  for  a  fiither  to 
bathe  in  company  with  his  own  son  after  he  had 
attained  the  age  of  puberty,  or  a  son-in-kw  with 
his  father-in-kw.  (Comp.  Cic  De  Qf,  I  35,  De 
Oral,  ii.  55.)  But  virtue  nassed  away  as  wealth 
increased  ;  and  when  the  tnennae  came  into  use, 
not  only  did  the  men  bathe  together  in  numbers, 
but  even  men  and  women  stripped  and  bathed 
promiscuously  in  the  same  bath.  It  is  true,  how- 
ever, that  the  public  establishments  often  con- 
tained separate  baths  for  both  sexes  adjoining  to 
each  other  ( Vitruv.  v.  10 ;  Vairo,  De  Lirng.  LaL  ix. 
68),  as  will  be  seen  to  have  been  the  case  at  the 
baths  of  Pompeii.  Aulus  Oellius  (x.  3)  relates  a 
story  of  a  consul's  wife  who  took  a  whim  to  bathe 
at  Teanum  (Toano),  a  small  provincial  town  of 
Campania  in  the  men's  baths  (boUneit  wrU&ua)  ; 
probably,  because  in  a  small  town,  the  female  de- 
partment, like  that  at  Pompeii,  was  more  confined 
and  less  convenient  than  that  assigned  to  the  men ; 
and  an  order  was  consequently  given  to  the  Quaes- 
tor, M.  Marius,  to  turn  the  men  out  But  whether 
the  men  and  women  were  allowed  to  use  each 
other's  chambers  indiscriminately,  or  that  some  of 
the  public  establishments  had  only  one  common 
set  of  baths  for  both,  the  custom  prevailed  under 
the  Empire  of  men  and  women  bauing  indiscrimi- 
nately together.  (Plin.  If,  M  xxxiil  12.  s.  54.) 
This  custom  was  forbidden  by  Hadrian  (Spart 
Hadr,  c  1),  and  by  M.  Aurelius  Antoninus  (Capi- 
tolin.  Amton,  c.  23)  ;  and  Alexander  Severus  pro- 
hibited any  baths,  common  to  both  sexes  (Miua 


BALNEAE. 
mixla\  from  being  opened  in  Rome.    (L<ainpfi 
Alex,  Sw,  c  42.) 

When  the  public  baths  (habuae)  woe  fint  i 
stitnted,  they  were  only  for  the  lower  ard«ra*  wl 
alone  bathed  in  public ;  the  people  of  -wealtfa^  i 
well  as  those  who  formed  the  equestrisni  and  aen 
torian  orders,  used  private  baths  in  their  o^ 
houses.  But  as  early  even  as  the  time  oC  Julri 
Caesar  we  find  no  less  a  personage  than  the  moth 
of  Augustus  making  use  of  the  public  eetablis] 
ments  (Suet  Amg.  94) ;  and  in  prooeae  of  tin 
even  the  emperors  themsdves  bathed  in  publ 
with  the  meanest  of  the  people.  (Spso^  Hadi 
C.17;  TrebelL  Pollio,  Ds &a2fo. <lw6. c.  17.) 

The  baths  were  opened  at  sunrise,  and  cJoae 
at  sunset ;  but  in  the  time  of  Alexander  Ser-enu 
it  would  appear  that  they  were  kept  open  neaii; 
all  night  (Lamp.  Alem.  Sn.  L  e.)  The  sJlnAoi 
in  Juvenal  (balnea  node  mAU^  SaL  vi.  419)  pro 
bably  refers  to  private  baths. 

The  price  of  a  bath  was  aquadnms,  the  amallevi 
piece  of  coined  money,  from  the  age  of  Cicerc 
downwards  (CicPivOM^.  26  ;Hor.iSi>t.  i.  3w  137; 
Juv.  SaL  vi.  447),  which  was  paid  to  the  keepci 
of  the  bath  (babuator) ;  and  hence  it  ia  teimed  by 
Cicero,  in  the  oration  just  dted,  qnadnmiaria  per* 
mvtatioy  and  by  Seneca  {Ep,  8^  ret  qnadramtaria. 
Childroi  below  a  certain  age  woe  admitted  free. 
(Juv.  Sai,  iL  152.) 

Stnu^gers,  also,  and  foreignen  were  sbdmitted  to 
some  of  the  baths,  if  not  to  all,  without  payment, 
as  we  learn  from  an  inscription  found  sii  Rome, 
and  quoted  by  Pitiscus.    (£«r  AnOq,) 

L.  OCTAVIO.  L.  F.  CAM. 

RUFO.  TRIB.  MIL 

QUI  LAVATIONBM  ORATUITAM  MUNICITIBfJS, 

INC0LI8 

H08PITIBU8  RT  ADVBNTORroUS. 

The  baths  were  closed  when  any  misfurUme 
hi^pened  to  the  republic  (Fabr.  Deeer.  Urb.  Hotn. 
c.  1 8) ;  and  Suetonius  says  that  the  Emperor  Caligula 
made  it  a  capital  offence  to  indulge  m  the  luxury 
of  bathing  upon  any  religious  holiday.  (75.)  They 
were  originally  pliwed  under  the  superintendence 
of  the  a^liles,  whose  business  it  was  to  keep  tfaem 
in  repair,  and  to  see  that  they  were  kept  dean  and 
of  a  proper  temperature.  (/&./  Sen.  Ep,  86.)  In  tho 
provinces  the  same  duty  seems  to  have  devolved 
upon  the  quaestor,  as  may  be  inferred  from  the 
passage  already  quoted  from  Aulus  Gellius  (x.  3). 

The  time  usually  assigned  by  the  Bomana  fbr 
taking  the  bath  was  the  eighth  hour,  or  shortly 
afterwards.  (Mart  Ep,  x,  48,  xL  52.)  Before 
that  time  none  but  invalids  were  allowed  to  bathe 
in  public.  (Lamprid.  Alem,  Sev.  24.)  VitruTios 
reckons  the  hours  best  adapted  for  bathing  to  be 
from  mid-day  until  about  sunset  (v.  10).  Pliny 
took  his  bath,  at  the  ninth  hour  in  summer,  and  at 
the  eighth  in  winter  {Ep,  ill  1,  8) ;  and  Martial 
speaks  of  taking  a  bath  when  fiitigued  and  weary,  at 
the  tenth  hour,  and  even  later.  {Epig.  iiL  $61,x.70.) 

When  the  water  was  ready,  and  the  baths  pre- 
pared, notice  was  given  by  the  sound  of  a  bdl  — 
aee  tkermarum.  (Mart  Ep.  xiv.  168.)  One  of 
these  bells,  with  the  inscription  Firmi  Balnra* 
TORI8,  was  found  in  the  thermae  Diocledanae,  in 
the  year  1548,  and  came  into  the  possession  of  the 
learned  Fulvius  Ursinusi  {Append,  ad  Ciaocon. 
deiyidm,) 

Whilst  the  bath  was  used  for  health  merely  or 
cleanliness,  a  sijig^e  one  was  ooosidered  sufficient 


BALNEAE. 

at  a  dme,  and  tliai  only  when  zequisitQ.  But  the 
laxories  of  the  empire  knew  no  sucb  bounds,  and 
til*  daOj  bftth.  was  aometimes  repeated  as  many  as 
seren  asd  eight  times  in  sncoeasion  —  the  nmnher 
irhich  the  Emperor  Conomodns  tndnlged  himself 
vith.  (Lampaid.  Cbok  c.  2.)  Oordian  ^thed  aeren 
tiiiies  a  daj  in  ainnmer,and  twice  in  winter.  The 
Emperar  Gallienns  six  or  aeren  timea  in  sommer, 
acd  iwiee  or  tfariee  in  winter.  (Capitoixn.  G<UL 
c  17.)  Commodns  alao  took  his  meals  in  the  hath 
(Lamprid.  iL  &) ;  a  castom  which  was  not  confined 
to  a  diaaolnte  Emperor  alooe.  (Comp.  Martial, 
Efi^  xiL  19.) 

It  was  the  nsoal  and  constant  habit  of  the  Ro- 
msam  to  take  the  bath  after  exerdae,  and  pre- 
Tiaosi  J  to  their  principal  meal  {ooma) ;  but  the 
debaacheea  of  the  empire  bathed  after  eating  as 
weil  as  befeie,  in  order  to  promote  digeation,  so  as 
to  acquire  a  new  appetite  for  fresh  delicacies.  Nero 
is  i^ted  to  have  indulged  in  thb  practice.  (Suet 
A'«f«,  27 ;  eomp.  Jut.  Sai.  i  142.) 

Upcn  quitting  the  bath  it  was  usual  for  the 
Raoiana  as  well  as  the  Greeka  to  be  anointed  with 
oil ;  hot  a  partkniar  habit  of  body,  or  tendency  to 
cenaia  oom^aints,  sometimes  required  this  wder 
to  be  rerened ;  for  which  reason  Augustus,  who 
Pifered  firam  nerrona  diaarders,  was  accustomed  to 
aoofDt  himadf  before  bathh^  (Suet  Amg.  82); 
aad  a  similar  practioe  was  adopted  by  Alexander 
Serena.  (Uunprid.  Alea.  Sev,  L  e.)  The  most 
«8al  practice,  howerer,  seems  to  have  been  to 
take  some  gcnde  exercise  (eitereUatio)^  in  the  first 
TnwtTBWTj  and  then,  after  bathing,  to  be  anointed 


BALNEAE.  187 

either  in  the  sun,  or  in  the  tepid  or  thennal  cham- 
ber, and  finally  to  take  their  food. 

The  Romans  did  not  content  themselres  with  a 
single  bath  of  hot  or  cold  water ;  but  they  went 
through  a  eoune  of  baths  in  soocession,  in  which 
the  agency  of  air  as  well  as  water  was  applied. 
It  is  difficult  to  ascertain  the  precise  order  in 
which  the  course  was  usually  taken,  if  indeed 
there  was  any  general  practice  beyond  the  whim 
of  the  indiyiduaL  Under  medical  treatment,  the 
sucoessbn  would,  of  course,  be  regulated  by  the 
nature  of  the  disease  for  which  a  cure  was  sought, 
and  would  rary  also  according  to  the  different 
nnetice  of  different  phyaicians.  It  is  certain, 
howero',  that  it  was  a  general  practice  to  close 
the  pores,  and  bmoe  the  body  after  the  ezccssire 
perspiration  of  the  vapour  bath,  either  by  pouring 
eold  water  orer  the  head,  or  by  plunging  at  once 
into  the  jHsemo,  or  into  a  river.  (Auson.  Mo§elf, 
841.)  Muaa,  the  physician  of  Augustus,  is  said  to 
have  introduced  this  practice  (Plin.  H.  N,  xxv.  7. 
a.  38),  which  became  quite  the  frahion,  in  con- 
sequence of  the  benefit  which  the  emperor  derived 
firaon  it,  though  Dion  (liiL  p.  517)  accuses  Musa  of 
having  artfuUy  caused  the  death  of  Maroellus  by 
an  improper  application  of  the  same  treatment.  In 
other  cases  it  w«i  considered  conducive  to  health 
to  pour  warm  water  over  the  head  before  the 
vapour  bath,  and  cold  water  immediately  after  it 
(Plin.  H.  N.  xxviii.  4.  fc  14;  Ccls.  De  Med.  I 
8) ;  and  at  other  tfanes,  a  succession  of  warm, 
tepid.  Mid  cold  water  vras  resorted  to. 

The  two  physicians  Oalen  and  Census  differ  in 


mae  rejects  as  to  the  order  in  which  the  baths 
^(»ld  be  taken ;  the  former  recommending  first  the 
hot  air  (^  the  Laconicum  (iJpi  ^cpM^),  next  the 
bath  of  warm  vrater  {v9a^  ^tp/ihr  and  Kovrpov  *), 
sfterwards  the  cold,  and  finally  to  be  well  rubbed 


*  hjBnrrpw.  In  this  passage  it  is  plain  that  the 
vtffd  "KMrrpw  is  used  for  a  warm  bath,  in  which 
■ense  it  alao  occurs  in  the  same  author.  Vitmvius 
(t.  \\\  on  the  contrary,  says  Uiat  the  Greeks  used 
the  nme  word  to  signify  a  cold  bath  (Jrigida 
hvOio^  qmam  Graed  Xtnnpov  vodiaiU).  The  con- 
tradiction between  the  two  authors  is  here  pointed 
ost,  for  the  purpose  of  showing  the  impossibility, 
u  mSi  as  impropriety,  of  attempting  to  affix  one 
precise  neaung  to  each  of  the  diflEerent  terms 


{Qalen^IMAfeAodoMedendi,  x.  10.  p.  708, 709,  ed. 
Kiihn)  ;  whilst  the  hitter  recommends  his  patients 
first  to  sweat  for  a  short  time  in  the  tepid  duunber 
((qMdarium\  without  undressmg ;  then  to  proceed 
into  the  thermal  chamber  (palidarimn)^  and  after 
having  gone  through  a  regular  course  of  perspir- 
ation there,  not  to  descend  into  the  warm  bath 
(so&'am),  but  to  pour  a  quantity  of  warm  water 
over  the  head,  then  tepid,  and  finally  cold ;  after- 
wards to  be  scraped  with  the  strigil  {per^icart)^ 
and  finally  rubbed  dry  and  anointed.  (Cels.  De 
Med,  L  4.)  Such,  in  all  probability,  was  the  usual 
habit  of  the  Ronums  when  the  bath  was  resorted 


made  use  of  by  the  ancient  vrriters  in  reference  to 
their  bathing  establishments. 


186 


BALNEAE. 


to  as  a  daily  source  of  pleasure,  and  not  for  any 
particular  medical  treatment ;  the  more  so,  as  it 
resembles  in  many  respects  the  system  of  bathing 
still  in  practice  amongst  the  Orientals,  who,  as 
Sir  W.  Oell  remarks,  ^  succeeded  by  conquest  to 
the  luxuries  of  the  enerratod  Greeks  andRonuins/* 
(Oell*s  Pompeii,  vol.  i.  p.  86,  ed.  1832.) 

Having  thus  detailed  firom  classical  authorities 
the  general  habits  of  the  Romans  in  connection 
with  their  system  of  bathing,  it  now  remains  to 
examine  and  explain  the  internal  arrangements 
of  the  structures  which  contained  their  baths  ; 
which  will  serve  as  a  practical  commentary  upon 
all  that  has  been  said.  Indeed  there  are  more 
ample  and  better  materials  for  acquiring  a  thorough 
insight  into  Roman  manners  in  this  one  particular, 
than  for  any  other  of  the  usages  connected  with 
their  domestic  habits.  The  principal  ancient  au- 
thorities are  Vitruvius  (v.  10),  Lucian  ('Iinrfas  ^ 
jBaAirciov,  a  detiuled  description  of  a  set  of  baths 
erected  by  an  architect  named  Hippias),  Pliny  the 
Younger,  in  the  two  letters  describing  his  villas  (iL 
17,  V.  6),  Statius  {Balneum  Etnud^  Silo,  L  5), 
Martial  (vi.  42,  and  other  epigrams),  Sidonius 


BALNEAE.  I 

Apollinaris  {Epid.  IL  2),  and  Seneca  {EpisU  S 
56,  86)L 

But  it  would  be  almost  hopeless  to  attempt  I 
arrange  the  information  obtained  firom  tfad 
writers,  were  it  not  for  the  help  afibrded  us  by  tl 
extensive  rums  of  ancient  baths,  sach  as  tl 
Thermat  of  Titus,  Caracalla,  and  Diodetian^  iM 
above  all  the  public  baths  {balneoB)  at  Pompcl 
which  were  excavated  in  1824 — ^25«  and  vei 
found  to  be  a  complete  set,  constructed  in  all  thd 
important  parts  upon  rules  very  simOar  to  thoi 
laid  down  by  Vitruvius.  and  in  such  good  prescn 
ation  that  many  of  the  chambers  were  conapled 
even  to  the  ceilings. 

In  order  to  render  the  subjoined  remarks  im 
easily  intelligible,  the  woodcut  on  the   precedii 
page   is  inserted,  which  is  taken  from  a   fres^ 
painting  upon  the  walls  of  the  thermae  of  Titus 
Rome. 

The  annexed  woodcut  rej^resents  the  grou: 
pkn  of  the  baths  of  Pompeii,  which  are  noarl 
surrounded  on  three  sides  by  houses  and   shop^ 
thus  forming  what  the  Romans  termed  an  mra/ci. 

The  whole  building,  which  comprises  a  doubU 


let  of  baths,  has  six  different  entrances  from  the 
street,  one  of  which  A,  gives  admission  to  the 
smaller  set  only,  which  are  supposed  to  have  been 
appropriated  to  the  women,  and 'five  others  to  the 
male  department ;  of  which  two,  B  and  C,  com- 
municate directly  with  the  furnaces,  and  the  other 
three  D,  E,  F,  with  the  bathing  apartments,  of 
which  F,  the  nearest  to  the  forum,  was  the  prin- 
cipal one ;  the  other  two,  D  and  £,  being  on  dif- 
ferent sides  of  the  building,  served  for  the  conve- 
nience of  those  who  lived  on  the  north  and  east 
sides  of  the  city.  To  have  a  variety  of  entrances 
{i^ilhois  ToXAoiir  TtBvptcfiiyoy)  is  one  of  the  quali- 
ties enumerated  by  Lucian  as  necessary  to  a  well- 
constructed  set  of  hatha  (Hippias^  8.)  Passing 
through  the  principal  entrance  F,  which  is  re- 
moved from  the  street  by  a  narrow  footway  sur- 


rounding the  nuula  (the  outer  curb  of  which  is 
marked  upon  the  plan  by  the  thin  line  drawn 
round  it),  and  after  descending  three  steps,  the 
bather  finds  upon  his  left  hand  a  small  chamber 
(1),  which  contained  a  convenience  {lairima  *),  and 
proceeds  into  a  covered  portico  (2),  which  ran 
round  three  sides  of  an  open  court — atrium  (3X 
and  these  together  formed  the  vestibule  of  the 
baths  ~t«rta«/»m  balnearum  (Cic  Pro  QuL  26), 
in  which  the  servants  belonging  to  the  establish- 
ment, as  well  as  the  attendanu  of  the  bathers, 
waited.    There  aro  seats  for  theif  accommodation 


*  Latrina  was  also  used  prerionsly  to  the  dma 
of  Varro  for  the  bathing- vessel,  quasi  lavatrioA. 
(Varro,  De  Ling  Lot.  ix  68.  ed.  Muller;  compare 
LuciU.  (9>.  Nou,  c.  3.  n.  131.) 


BAf^EAK 

pboed  maderatmth  the  portieo  (a,  a\  This  com- 
pSTtaBCBtanswen  exactly  to  the  fint,  which  is  de- 
ambed  hj  Ludan  (L  c  5).  Within  this  oonrt  the 
keeper  of  the  baths  (Aa&iaator)  who  exacted  the 
^mxinau  paid  by  each  visitory  was  also  stationed ; 
Bad  the  box  lor  hddiK  the  money  was  found  in 
h.  The  room  (4),  which  nms  Lack  £n>m  the 
ponioQ^  might  hare  been  appropriated  to  him ;  or, 
d  not,  it  migbt  haTO  been  an  oeeu$  or  eseelra,  liar 
t^  convcnienee  of  the  better  damet  whilst  await- 
iag  the  Rtnrn  of  their  acqoaintances  from  the  in- 
trrkc»  in  whidi  case  it  will  correspood  with  the 
chsnben  mentiaoed  by  Lndan  (L  c  5),  adjoining 
Id  the  tenants*  wahing-place  (Ir  iipiffr^  W  T«r 
is  T^wi^^  w^pcovcsao'iMrafr  cha^rwy).  In  this 
<BBit  iikewiae,  as  bdiw  the  most  public  place, 
■diqiisemcnts  for  the  theatre,  or  other  annonnce- 
SKDti  of  geneial  interest,  were  posted  up,  one  of 
vhiefa,  annwiwing  a  gladiatorial  show,  itill  re- 
BaioL  (5)  Is  the  corridor  which  conducts  from 
the  entaaee  E,  into  the  same  restibnle.  (6)  A 
moH  cell  of  similar  nae  as  the  corresponding  one 
b  the  opposite  eorridor  (1).  (7)  A  pamage  of 
ggmnmnratinti  which  leads  into  the  chamber  (8), 
tlbt/r^jdnrimm,  which  also  oerved  as  an  t^wfyHt- 
ffUM,  or  MpoHatoruam^  a  room  for  undressing ;  and 
vbieh  b  also  accessible  from  the  street  by  the 
4ocr  D,  thrangh  the  corridor  (9),  in  which  a  niall 
niche  ii  oheerrable,  which  probably  lerred  for  the 
•tttkn  of  anotlier  6a6wator,  who  collected  the 
noaey  from  tfaoae  entering  from  the  north  street 
Is  this  iDcn  an  the  risttars  must  have  met  befive 
cstoiag  into  the  interior  of  the  batho;  and  its 
kcafity,  as  well  as  other  characteristic  features 
is  its  fittxngs  np,  IcaTo  no  room  to  doubt  that  it 
•erred  as  an  undressing  room.  It  does  not  appear 
thsi  any  general  mle  of  constrnctian  was  followed 
hj  the  architects  of  antiquity,  with  regard  to  the 
locality  and  tempentoro  best  adapted  for  an 
spodtterima.  The  word  is  not  mentioned  by 
^'itronas,  nor  expressly  by  Ludan ;  but  he  says 
tao^gh  for  as  to  infer  duA  it  belonged  to  the 
frifidarmm  in  the  baths  of  Hippias  {L  e,  6). 
*^  AStet  quitting  the  last  apartment  there  are  a 
sBfidcntnnmbtf  of  chambcn  for  the  bathers  to 
oadRH,  in  the  centre  of  which  is  an  oeema  con- 
teiaiDg  three  baths  of  cold  water.**  Pliny  the 
yoaogcr  says  that  the  apodytnimm  at  one  of  his 
own  viDas  adjomed  the  /riffidanum  (Ep,  v.  6), 
lad  it  is  phm  from  a  passage  already  qoirted,  that 
the  Qpo/jfttnun  was  a  warm  apartment  in  the 
Uths  belonging  to  the  TiUa  of  Cicero^  brother, 
Quotas  (ossB  ca  aUenm  apodyierH  cmgtdum  pro- 
Mon),  to  which  tempctatore  Celsns  also  assigns  it 
Is  the  thermae  at  Rome  the  hot  and  cold  depart- 


BrobaUy  each  a  separate  apodiftarimm 
ttiachsd  to  It ;  or  if  not,  the  ground  plan  was  so 
smwyd  that  one  apodj/itrimm  would  be  contiguous 
fiBf  sad  scrra  for  both,  or  either ;  but  where  space 
•ad  means  were  cireom8cribed,as  in  the  little  dty 
if  Poaqien,  it  is  more  reasonable  to  conclude  th«t 
they^^j^iilarMHn  served  as  an  €^odylerktm  for  those 
who  confined  therasdres  to  cold  bathing,  and  the 
kpUanmm  for  those  who  commenced  their  ablutions 
in  tW  vana  apartmentsi  The  bathers  were  ex- 
pected to  take  c^  their  gannents  in  the  (^xodfjiterntia, 
it  set  being  permitted  to  enter  into  the  interior 
mlessnaked.  (Cic.  Pro  Cad,  26.)  They  were 
theo  ddivered  to  a  dass  of  slaves,  called  eapmrii 
<ftaai  e^oa,  the  small  case  in  which  childroi  ear- 
ned thea  books  to  schod),  whose  duty  it  wss  to 


BALNEAE.  189 

take  charge  of  them.  Theae  men  were  notorious 
for  dishonesty,  and  leagued  with  all  the  thicTes  of 
the  dty,  so  that  they  conniTed  at  the  robberies 
they  were  placed  there  to  preTcnt  Hence  the  ex- 
pression of  Catullus  — OyWwm  optmmt  haUimri- 
orum/  (Oarm.  zxxiil  1)  and  Trachilo  in  the  Ru- 
dens  of  PUutns  (ii  33.  51),  complains  bitterly 
of  their  roguery,  which,  ift  the  capita],  was  earned 
to  such  an  excess  that  very  serere  laws  were  en- 
acted against  them,  the  crime  of  stealing  in  the 
baths  being  made  a  capital  offence. 

To  return  into  the  chamber  itself — it  is  ranlted 
and  spadoos,  with  stone  seaU  along  two  sides  of 
the  wall  (A,  6),  and  a  step  for  the  foot  below, 
slightly  raised  from  the  floor  (ptihimu  H  gradui^ 
Vitror.  T.  10).  Holes  can  still  be  seen  m  the 
walls,  which  might  hare  serred  for  pegs  on  which 
the  garments  were  hung  when  taken  oSL  It  was 
lighted  by  a  window  closed  with  gbus,  and  orna- 
mented with  stucco  mouldings  and  painted  yellow. 
A  sectional  drawing  of  this  interior  is  given  in  Sir 
W.  Odrs  PampeU,  There  are  no  less  than  six 
doors  to  this  chamber ;  one  led  to  the  entrsnoe  E, 
another  to  the  entrance  D,  a  third  to  the  ■w»*n 
room  (11),  a  fourth  to  the  fomaoes,  a  fifth  to  the 
tepid  apsurtment,  and  the  sixth  opened  upon  the 
cold  bath  (10),  named  indi£krently  by  the  ancient 
authors,  natatioy  mdatornm^pimxma^  U^ttiderimm  % 
pmiemsj  Xavrpay,  The  bath,  which  is  coated  with 
white  marble,  is  12  feet  10  inches  in  diameter, 
and  about  3  feet  deep,  and  has  two  marble  steps 
to  fiicilitate  the  descent  into  it,  and  a  seat  sur- 
roundiug  it  at  the  depth  of  10  inches  from  the 
bottom,  for  the  purpose  of  enablinff  the  bathers  to 
sit  down  and  wash  themselves.  The  ample  sixe  of 
this  basin  explains  to  us  what  Cicero  meant  when 
he  wrote — LaHorem  pitemam  voluitmm^  mbiJaeUUa 
bnuAia  nom  oJemUraUmr,  It  is  probable  that 
many  persons  contented  themselves  with  the  cdd 
bath  only,  instead  of  ^ing  throqgh  the  severe 
oouiae  of  perspiration  m  the  warm  apartmento; 
and  as  the /riffidiMnum  alone  could  have  had  no 
effect  in  baths  like  these,  where  it  merely  served 
as  an  t^Mdjfterimm,  the  waiaHo  most  be  referred  ts 
when  it  is  said  that  at  one  period  cdd  baths  were 
in  such  request  that  scarcely  any  others  were  used. 
(GellV  Pcmpm^  I.  &)  There  is  a  phuform,  or  am* 
bulatory  (sdo&x,  Vitniv.  v.  10)  round  the  bath, 
also  of  marble,  and  four  niches  of  the  same  mate- 
rial disposed  at  regdar  intervals  round  the  walls, 
with  pedestals,  for  statues  probably,  placed  in 
thenLt  The  ceiling  is  vaulted,  and  the  cham- 
ber lighted  by  a  window  in  the  centre.  The 
annezoi  woodcut  represents  a  yH^ftdanam  with 
iU  cold  bath  (;>«feiM,  Plin.  Ep.  v.  6)  at  one  ex- 
tremity, supposed  to  have  Ibnned  a  part  of  the 
Formian  villa  of  Cicero,  to  whose  age  the  style  of 


*  The  word  lapHdwivm  (Plin.  Ep.  v.  6)  is 
not  a  bath  suffidently  laige  to  immerse  the  whole 
body,  but  a  vessel,  or  lobryan^  containing  cold 
water  for  pouring  over  the  head.  Compare  also 
Plin.  Ep,  xvii  2. 

t  According  to  Sir  W.  Oell  (2.  e.)  with  seats, 
which  he  interprets  tcholae^  for  the  accommodation 
of  persons  waiting  an '  opportunity  to  bathe  —  but 
a  passage  of  Vitrnvius  (v.  10),  hereafter  quoted, 
seems  to  contradict  this  use  of  the  term — and 
seats  were  placed  in  tbe/H^u^orntm  adjoining,  for 
the  express  purpose  of  accommodating  those  who 
were  obliged  to  wait  for  their  turn. 


<90  BALNEAE. 

and  the  use  of  the  simple  Doric 


eoiiBtniction, 

order,  undoubtedly  belong. 


The  bath  itself,  into 


which  the  water  still  continnea  to  flow  from  a 
neighbouring  spring,  is  placed  under  the  alcove, 
and  the  two  doors  on  each  side  opened  into  small 
chambers,  which  probably  served  as  apodyteria. 
It  is  still  to  be  seen  in  the  gardens  of  the  Villa 
Caposeli,  at  MoU  di  Gaeta,  the  site  of  the  ancient 
Formiae. 

In  the  cold  bath  of  Pompeii  the  water  ran  into 
the  basin  through  a  spout  of  bronze,  and  was 
carried  off  again  through  a  conduit  on  the  opposite 
side.  It  was  also  furnished  with  a  waste-pipe 
under  the  margin  to  prevent  it  from  running  over. 
No.  1 1  is  a  small  chamber  on  the  opposite  side  of 
the /rigidariuni^  which  might  have  served  for 
shaving  (fofufrtna),  or  for  keeping  unguents  or 
striffUes;  and  from  the  side  of  \^ie  frigidarmmj  the 
bather,  who  intended  to  go  through  the  process  of 
warm  bathing  and  sudation,  entered  into  (12)  the 
tepidariian. 

This  chamber  did  not  contain  water  either  at 
Pompeii  or  at  the  baths  of  Hippias,  but  was  merely 
heated  with  warm  air  of  an  agreeable  temperature 
in  order  to  prepare  the  body  for  the  great  heat  of 
the  vapour  and  warm  baths,  and,  upon  returning, 
to  obviate  the  danger  of  a  too  sudden  transition  to 
the  open  air.  In  the  baths  at  Pompeii  this  chamber 
served  likewise  as  an  apodyterium  for  those  who 
took  the  warm  bath ;  for  which  purpose  the  fit- 
tings up  are  evidently  adapted,  the  walls  being  di- 
vided into  a  number  of  separate  compartments  or 
recesses  for  receiving  the  garments  when  taken  ofl^ 
by  a  series  of  figures  of  the  kind  called  Atiamtet  or 
TelofHones,  whioi  project  from  the  walls,  and  sup- 
port a  rich  cornice  above  them.  One  of  these  di- 
visions, with  the  TeloTnones,  is  represented  in  the' 
article  Atlantbs.  Two  bronze  benches  were  also 
found  in  the  room,  which  was  heated  as  well  by 
i's  contiguity  to  the  hypocaust  of  the  adjoining 
chamber,  as  by  a  brazier  of  bronze  (foeulus)^  in 
which  the  charcoal  ashes  were  still  remaining 
when  the  excavation  was  made.  A  representation 
of  it  is  given  in  the  annexed  woodcut  Its  whole 
length  was  seven  feet,  and  its  breadth  two  feet  six 
inches. 

In  addition  to  this  service  there  can  be  little 
doubt  that  this  apartment  was  used  as  a  depository 
for  unguents  and  a  room  for  anointing  (dXciwr^pMr, 


BALNEAE 

tmetuarimmy  elaeoAeamm)jihe  proper  place  fer  which 
is  represented  by  Lucian  (t  e.)  am  adjoining  to  the 


Upidarwm^  and  by  Pliny  (J^..iL  17)  aa  mdjoiniDg 
to  the  hypocaost ;  and  for  which  parpose  aome  dt 
the  niches  between  the  IWamones  aeem  to  be  pe- 
culiariy  adapted.     In  the  larger  establiahmeots  a 
separate  chamber  was  allotted  to  these  purposes, 
as  may  be  seen  by  referring  to  the  drawing  taken 
from  the   Thermae  of  Titos ;  but  aa  there  is  no 
other  spot  within  the  circuit  of  the  Pompeian  baths 
which  could  be  applied  in  the  same  manner,  we 
may  safely  conclude  that  the  inhabitants  of  this 
city  were  anointed  in  the  tepidamam  ;  which  ser- 
vice was  performed  by  slaves  called  soiotorw  and 
aJiptae,    [Aliptai.]  For  this  purpose  the  cmnmoo 
people  used  oil,  sometimes  scented  ;  but  the  mere 
wealthy  cksses  indulged  in  the  greatest  extrava- 
gance with  regard  to  their  perfumes  and  nngnenta 
These  they  either  procured  from  the  elasoiiagtuMvi 
the  baths,  or  brought  with  them  in  small  glass 
bottles  ampullae  olearioB  ;  hundreds  of  which  have 
been  discovered  in  different  excavations  made  in 
various  parts  of  Italy.     [Ampulla.]     The  fifth 
book  of  Athenaeus  contains  an  ample  treatise  upon 
the  numerous  kinds  of  ointments  used   by  tbe 
Romans  ;  which  subject  is  also  fully  treated  by 
Pliny  (^-.Mxiii.). 

Caligula  is  mentioned  by  Suetonius  (CaL  97)  u 
having  invented  a  new  luxury  in  the  nae  of  the 
bath,  by  perfuming  the  water,  whether  hot  or  cold, 
by  an  infusion  of  precious  odours,  or  as  Pliny  states 
(L  c),  by  anointing  the  waUs  with  valoable  un- 
guents ;  a  practice,  he  adds,  which  was  adopted  by 
one  of  the  slaves  of  Nero,  that  the  luxmy  might 
not  be  confined  to  royalty  (m  pHmo^tale  videatar 
koebomm). 

From  this  apartment,  a  door,  which  closed  by  its 
own  weight,  to  prevent  the  admission  of  the  cooler 
air,  opened  into  No.  IS,  the  thermal  chamber  or 
conoameraia  mdatio  of  Vitruvins  (v.  11);  and 
which,  in  exact  conformity  with  his  directions, 
contains  the  warm  bath — balmmmy  or  eaUa  lavatio 
( Vitruv.  I.  c)y  at  one  of  its  extremities  ;  and  the 
semicircular  vapour-bath,  or  Laamioitm  at  the 
other ;  whilst  the  centre  space  between  the  two 
ends,  termed  ndaiio  by  Vitruvins  (t  &),  and  sw^ 
torium  by  Seneca,  is  exactly  twice  the  length  of  its 
width,  according  to  the  directions  of  Vitruvins. 
The  object  in  leaving  so  much  space  between  the 
warm  Uith  and  the  Laeomcmn  was  to  give  room 
for  the  gymnastic  exercises  of  the  persons  within 
the  chamber,  who  were  accustomed  to  promote  a 
full  flow  of  perspiration  by  rapid  movements  of  the 
arms  and  legs,  or  by  lifting  weights.  ( Jnv.  SaL  vl 
420.)  In  larger  establishments  the  eonvenioices 
contained  in  this  apartment  occupied  two  separate 
cells,  one  of  which  was  appropriated  to  the  warm 
bath,  which  apartment  was  then  termed  oaldarhan, 
cdla  ealdaria,  or  balneum^  and  the  other  comprised 
the  Laconicum  and  sudatory — Lacoitkum  sudor 
Honetqua  (Vitruv.  L  c),  which  part  ahnu  was  then 
designated  under  the  name  of  conoameraia  tudatiik 


BALNEAK 

Tkb  distnlmtion  is  repfetented  in  Uie  p^mtW  on 
tbe  wslb  of  the  Thomae  of  Titus ;  in  which  there 
is  siso  soother  peealiaritj-  to  be  obserred,  Tiz.,  the 
» of  oommiuiicstion  (imittreaqtedo)  between  the 
J  the  flooring  of  which  is  suspended 
bTcr  the  kypocmst.  Lncian  informs  ns  of  the  use 
for  which  iuB  campartment  was  intended,  where 
hi  maitimiB  as  one  of  the  characteristic  conyeni- 
cacci  in  the  baths  of  Hippias,  that  the  bathers  need 
Dot  retrace  their  steps  through  the  whole  suite  of 
afartmeots  hj  which  tbej  had  entered,  but  might 
retani  bum  the  thermal  chamber  by  a  shorter  cir- 
nit  thmwh  a  room  of  gentle  tempeatore  (9i  lipd/ta 
bfpfmS  mMifMrnrt,  L  e,  7\  which  communicated 
iasfldisteij  with  the  /rigidarimm. 

The  wann-water  bath,  which  is  tenned  caUa 
ImOio  by  Vitrnvias  (/.  c),  halimmm  by  Cicero 
(Ad  AIL  tL  3),  pitema  or  ealida  puema  by  Pliny 
{E^  '±  17)  and  Soetonins  (ATent,  27),  as  well 
u  Unm  (Cic  Ad  Ftnu  zir.  16),  and  mdmm  by 
GoezD  (»  Fmm.  27X  n{q>ears  to  hare  been acapa- 
cisai  mazble  Tase,  sometimes  standing  upon  the 
floor,  like  that  in  the  picture  firom  the  Thennae  of 
Tiott ;  and  sonsetimea  either  partly  elevated  above 
tk  &MC,  as  it  was  at  Pompeii,  or  entirely  sunk  mto 
K  as  diz«cted  by  Y itnuTius  (t.  10).  His  words  are 
tU«e:— '"ThelMUh  (faftmm)  should  be  pUwed 
Tiadeniesth  the  window,  in  such  a  position  that  the 
pasoBs  who  stand  around  may  not  cast  their  sha- 
ddwi  vpaa  h.  The  {datform  which  surrounds  the 
hxk(acio2ae  labrormm)  must  be  sufficiently  spa- 
cast  to  admit  of  the  surrounding  obserrers,  who 
are  vaitiBg  fer  their  turn,  to  stand  there  without 
aovding  each  other.  The  width  of  the  passage  or 
cbond  (aJMw),  which  lies  between  the  parapet 
{yi^au\  and  the  wall,  should  not  be  less  than  six 
feet,  M  that  the  space  occupied  by  the  seat  and  its 
Hep  bdow  {pmlwuu  tt  ffradu$  inferior)  may  take 
<^JBit  two  feet  from  the  whole  width.**  The  sub- 
}=ised  phns  giTcn  by   Marini,  will  exphun  his 


BALNEAE. 


191 


.« 


TJ      X 


A,  Unna,  or  bath  ;  B,  scJIo&i,  or  pktform ;  C, 
p'AaiiOr  puapet ;  D,  ofonw,  passage  betweoi  the 
Mm  and  wall;  F^  pulviMms^Qiiealt ;  and  E,  the 


lower  step  (j^tadmt  u^§nor\  which  together  taka 
up  two  feet 

The  warm  bath  at  Pompeii  is  a  square  basin  of 
marble,  and  is  ascended  fnm  the  outside  by  two 
steps  raised  from  the  floor,  which  answered  to  the 
paimpet  or  plmitut  of  Vitruyiui^  Around  tan  a 
narrow  pUtform  (aekola) ;  but  which,  in  coosequenoe 
of  the  limited  extent  of  the  building,  would  not  ad- 
mit of  a  seat  (ptUvimmt)  all  around  it.  On  the  in- 
terior another  step  allowed  the  bathers  to  sit  down 
and  wash  themselres.  The  annexed  section  will 
render  this  easily  intelligible. 


aMiHii      n 


A,  labntm  ;  B,  scAo&i ;  C,  plmieiu  ;  D,  the  step 
on  the  inside,  probably  called  tolium.  (Fulv.  Ur- 
sinus.  Append,  in  Ciaccon.  de  Trietin.)  In  the 
women*8  baths  of  the  opulent  and  luxurious  capital, 
the  $olia  were  sometimes  made  of  silver.  (Plin. 
H.  N.  xxxiii.  12.  s.  64.) 

We  now  turn  to  the  opposite  extremity  of  the 
chamber  which  contains  the  Laoomeum  or  va- 
pour bath,  so  called  because  it  was  the  custom  of 
the  Lacedaemonians  to  strip  and  anoint  themselres 
without  using  warm  water  after  the  perspiration 
produced  by  Uieir  athletic  exercises.  (Dion  Osss.  liiL 
p.  516  ;  oomp.  Martial.  Epig,  vi  42.  Ifl.)  It  is 
termed  asta  by  Cicero  (^Ad  QmmL  PraL  iii  1.  §  1), 
from  &C^,  to  diy  ;  because  it  produced  perspira- 
tion by  means  of  a  diy,  hot  atmosphere  ;  which 
Celsus  (iiL  cap.  ulL)  conse^ently  terms  iudatione 
OMOs,  *'  diy  sweating,**  which  he  afterwards  adds 
(xi  17)  was  produced  by  dry  warmth  (ealore 
sicoo).  It  was  called  by  the  Greeks  wpuuriipto^ 
(Voss.  Lex,  Etym.  $.  v.)  from  the  fire  of  the  hypo- 
caust,  which  was  extended  under  it ;  and  hence  by 
Alexander  Aphrodis.  (i}f>^y  ^oX^r,  **  a  dry  yaulted 
chamber.** 

Vitmvius  says  that  its  width  should  be  equal 


™iJiBii 


to  its  height,  reckoning  from  the  flooring  {nupen" 
twra)  to  the  bottom  of  the  thole  (tnuun  curva^amni 


192 


BALNEAE. 


kmm$pkaeni)y  over  the  centre  of  which  an  orifice  k 
left,  from  which  a  bronze  shield  {elipau)  was  boi- 
pended.  This  regulated  the  temperature  of  the 
apartment,  being  raised  or  lowered  bj  means  of 
chains  to  which  it  was  attached.  The  form  of  the 
cell  was  required  to  be  circular,  in  order  that  the 
warm  air  from  the  hypocaust  might  encircle  it  with 
greater  frcility.  (Vitnir.  y.  10.)  In  accordance 
with  these  rdes  is  the  Laconicom  at  Pompeii,  a 
section  of  which  is  given  in  the  preTious  page, 
the  clipeus  only  being  added  in  order  make  the 
meaning  more  clear. 

A,  The  suspended  pavement,  siupenMfra  ;  B.  the 
junction  of  the  hemisphaeriom  with  the  side  walls, 
law  eurrxUum  hemujAaerii;  C,  the  shield,  eUpeuM; 
E  and  F,  the  chains  by  which  it  is  raised  and 
lowered ;  D,  a  IcArum^  or  fiat  marble  vase,  into 
which  a  supply  of  water  was  introduced  by  a  single 
pipe  running  through  the  stem.  Its  use  is  not  ex- 
actly ascertained  in  this  phice,  nor  whether  the 
water  it  contained  was  hot  or  cold. 

It  would  not  be  proper  to  dismiss  this  account 
of  the  Laamicum  without  alluding  to  an  opinion 
adopted  by  some  writers,  amongst  whom  are  Gnli- 
ano  and  Cameron,  that  the  Laooniaim  was  merely 
a  small  cupola,  with  a  metal  shield  ever  it,  rising 
above  the  flooring  {nupennara)  of  the  chamber,  in 
the  manner  represented  by  the  drawing  from  the 
Thermae  of  Titus,  which  drawing  has,  doubtless, 
given  rise  to  the  opinion.  But  it  will  be  observed 
that  the  design  in  question  is  little  more  than  a 
section,  and  that  the  artist  may  have  resorted  to 
the  expedient  in  order  to  show  the  apparatus  be- 
longing to  one  end  of  the  chamber,  as  is  frequently 
done  m  similar  plans,  where  any  part  which  re* 
quired  to  be  represented  upon  a  larger  scale  is  in- 
serted in  full  development  within  the  general  sec- 
tion ;  for  in  none  of  the  numerous  baths  which 
have  been  discovered  in  Italy  or  elsewhere,  even 
where  the  pavements  were  in  a  perfect  state,  has 
any  such  contrivance  been  observed.  Besides  which 
it  is  manifest  that  the  cUpetu  could  not  be  raised 
or  lowered  in  the  design  alluded  to,  seeing  that  the 
chains  for  that  purpose  could  not  be  reached  in  the 
situation  represented,  or,  if  attained,  could  not  be 
handled,  as  they  must  be  red-hot  from  the  heat  of 
the  hypocaust  into  which  they  were  inserted.  In 
addition  to  which,  the  remains  discovered  tally  ex- 
actly with  the  directions  of  Vitruvius,  which  this 
does  not 

After  having  gone  through  the  regular  course  of 
perspiration,  the  Romans  made  use  of  instruments 


called  atriffilea  (or  ttrifflet,  Juv.  Sai,  iil  263),  to 
scrape  off  the  perspiration,  much  in  the  same  way 
as  we  are  accustomed  to  scrape  the  sweat  off  a 
horse  with  a  piece  of  iron  hoop,  after  he  has  ran  a 


BALNEAE. 

heat,  or  comes  in  from  violent  exeretae.  These  tn- 
struments,  some  specimens  of  which  are  lepreseDtcd 
in  the  previous  woodcut,  and  man  j  of  which  hare 
been  discovered  amongBt  the  mina  of  the  varioos 
baths  of  antiquity,  were  made  of  bone,  hronxe,  iron, 
and  silver;  all  corresponding  in  form  with  the 
epithet  of  Martial,  **ciireo  diatringere  feno** 
(Epig.  xiv.  51).     The  poorer  claaaea  were  obliged 


to  scrape  themselves,  but  the  move  weahhy  took 
their  shives  to  the  baths  for  the  porpoae  ;  a  ^Kf 
which  is  elucidated  by  a  curioiia  stoiy  related  by 
Spartianus  {Hadrian,  c:  17). 

The  sCrigil  was  by  no  means  a  bhmt  inatrTusent, 
conseqnentiy  its  edge  was  softoned  bj  the  applica- 
tion of  oil,  which  was  dropped  upon  it  from  a  small 
vessel  called  pafias*,  whicn  had  a  narrow  neck,  so 
as  to  discharge  its  contents  drop  bj  drop,  from 
whence  the  name  is  taken.  A  repreaentation  of  s 
gnttns  is  given  in  the  preceding  woodcat.  Augus- 
tus is  relMed  to  have  suffered  from  an  ovcr-vioiknt 
nse  of  the  strigiL  (Suet  At^  80.)  Invalids  and 
persons  of  a  delicate  habit  made  nae  of  sponges, 
which  Pliny  says  answered  fi>r  towela  aa  well  as 
strigilsL  They  were  finally  dried  with  towels 
(&itai),  and  anointed.  (Jut.  Sat  liL  2^  ;  Apa- 
leins.  Met  ii. ;  Plin.  H.  N.  xxxi.  11.  a.  47.) 

The  common  people  were  supplied  with  these 
necessaries  in  the  baths,  but  the  more  wealthy  car- 
ried their  own  with  them  (Pers.  SaL  v.  126X 
Ladan  (Lete^  voL  iL  p.  320.  ed.  Reis.)  adds  also 
soap  and  towels  to  the  list 

After  the  operation  of  scraping  and  robbing  dry, 
they  retired  into,  or  remained  in,  the  tepidarium 
until  they  thought  it  prudent  to  encounter  the 
open  air.  But  it  does  not  appear  to  have  been 
customary  to  bathe  in  the  water,  when  there  was 
any,  which  was  not  the  case  at  Pompeii,  nor  in  tbe 
baths  of  Hippias  (Lucian,  L  &),  either  of  the  tepi- 
darimm  ot  Jngidarium  ;  the  temperature  only  of  the 
atmosphere  in  these  two  chambers  being  of  conse- 
qnence  to  break  the  sudden  change  firam  the  ex- 
treme of  hot  to  cold. 

Returning  now  back  into  the  frigidarium  (8), 
which,  according  to  the  directions  of  Vitruvius  (t. 
II),  has  a  passage  (14^  communicating  with  the 
month  of  the  furnace  («),  which  is  also  seen  in  the 
next  woodcut  under  the  boQers,  called  ^ini^/i(nMWK« 
jDfmMi^Mn  (Plin.  Ep.  il  1 7),  vpamnrfuav  (from  v/»^f 
berore,  and  irvryc^s,  a  frirnaoe),  and  passing  down 
that  passage,  we  reach  the  chamber  (15)  into  which 
the  praefurnium  projects,  and  which  has  also  an 
entrance  from  the  street  at  B.  It  was  appropri- 
ated to  the  use  of  thoee  who  had  charge  of  tbe 
fires  (Jhrnaoatore$).  There  are  two  staircases  in 
it ;  one  of  which  leads  to  the  roof  of  the  baths 
and  the  other  to  the  coppers  which  contained 
the  water.  Of  these  there  were  three:  one  of 
which  contained  the  hot  water — caldarimm  (sc 
vas,  or  ahenum)  ;  the  second  the  tepid  —  tepido' 
rmm  ;  and  the  last  the  cold  — fngidarimm.  The 
warm  water  was  introduced  into  the  warm  bath  by 
means  of  a  conduit  pipe,  marked  on  the  plan, 
and  conducted  through  the  wall  Underneath  tbe 
oaldarium  was  placed  the  frimace  (/iimm$^  Hor.  Ep. 
L  11.  12X  which  served  to  heat  the  water,  snd 
give  out  streams  of  worm  air  into  the  hollow  cells 
of  the  kypoeaustum  (from   iirh  and  tnut).    It 


*  It  was  also  called  angmUa,  X4«rv0os,  ftvpo-' 
e^Kuuf,  4Xeuo^6poy,  (Ruporti,  Ad  Jwe.  SaL  iii* 
262.)    [Ampulla.] 


BALNEAE. 

paned  froni  the  fnraace  uoder  the  fint  and  lafet 
cf  tbe  caldioBS  by  two  fluea,  'which  are  mariced 
oiKB  the  pltazL  Theae  coppen  were  constnicted 
ia  the  aune  raanDer  aa  is  lepretented  in  the  en- 
gnrii^  from  the  Thennae  of  Titiu  ;  the  one  con- 
iaiiuDg  hflft  water  being  placed  immediately  over 
the  Innaoe  ;  and,  as  die  water  waa  drawn  out 
ftam  tibnee,  it  waa  aupplied  from  the  next,  the 
fcyiiJiii  ■'■■,  which  waa  already  conaidembly  heated 
firara  iti  eontigaity  to  the  furnace  and  the  hypo- 
eamft  belAw  it,  so  that  it  lupplied  the  deficiency  of 
the  fiwDMr  without  materially  diminiahing  its  tem- 
pesatMre  ;  and  tbe  Taenom  in  tiiis  last  was  again 
£  Ued  op  from  the  fritbest  removed,  which  contained 
the  eold  water  received  directly  from  the  sqnare 
r.-mtoir  seen  behind  them  ;  a  principle  which 
l-aa  aft  length  been  introduced  into  the  modem 
batbing  establishmenta,  where  its  efficacy,  both  in 
saving  tine  and  expense,  is  fblly  acknowledged. 
Tbe  boilerB  themselves  no  longer  remain,  but  the 
iBSftcasioBs  which  they  have  1^  in  the  mortar  in 
mhadk  they  were  embedded  are  clearly  visible,  and 
eanhle  oa  to  ascertain  their  respective  positions  and 
dssftensaana,  the  fint  of  which,  the  caldariuni,  is 
rpwuentcd  m  the  annexed  cut 


BALNEAE. 


I9S 


■^Tiii^^rr 


Behmd  the  coppers  there  is  another  conidor  (16), 
kading  into  the  court  or  atrium  (17)  appropriated 
to  tbe  sertants  of  the  batb,  and  which  has  also  the 
eaavenicoee  of  an  immediate  communication  with 
the  unet  by  the  door  at  a 

We  now  pneeed  to  the  adjoining  set  of  baths, 
vhich  wen  assigned  to  the  women.  The  entrance 
ii  by  the  door  A,  which  conducts  into  a  small 
▼etubnle  (18),  and  thence  into  the  apodyterium 
(Id),  which,  like  the  one  in  the  men's  bath,  has  a 
aeat  (pabmuu  ttpraebui)  on  either  aide  built  up 
ai^ainst  the  walL  Thia  opens  upon  a  cold  bath 
('20), awweiing  to  the  mUatio  of  the  other  set,  but 
«f  aneh  smafler  dimensions,  and  probably  similar  to 
the  one  denominated  by  Pliny  (L  c.)  puteut.  There 
are  fror  steps  on  the  inside  to  descend  into  it. 
Opposite  to  the  door  of  entrance  into  the  cmodyte- 
mm  is  another  doorway  which  leads  to  the  tepi- 
d«iiBai(21X  which  also  eommnnicates  with  the 
tWnasl  chamber  (22),  on  one  side  of  which  is  a 
vans  bsUi  in  a  square  recess,  and  at  the  further 
extrcDiit^  the  Laemicmn  with  its  labnmu  The 
floor  of  this  chamber  is  suspended,  and  its  walls 
p«iffliated  fisr  flne%  like  the  corresponding  one  in 
tbaua^hathsL 

TbeeompanftiTe  amaBoeis  and  in£etioiity  of  the 
fittii9f4ip  ffltb^  suite  of  baths  has  induced  aome 
Jti^an  nCiguariea  to  throw  a  doubt  upon  the  fact 
ef^^pgrnm^ffuodiXo  the  women ;  and  amongst 


these  the  Abbate  lorio  {Plan  de  Pompeii)  mgeni* 
onsly  suggests  that  they  were  an  old  set  of  baths, 
to  which  the  laiger  ones  were  subsequently  added 
when  they  became  too  small  for  the  increasing 
wealth  and  population  of  the  city.  But  the  story, 
already  qnote<^  of  the  consul's  wifis  who  turned  the 
men  out  of  their  baths  at  Teanum  for  her  con- 
venience, seems  sufficiently  to  nupitive  such  a  sup- 
position ;  and  to  prove  that  the  inhabitants  of 
ancient  Italy,  if  not  more  selfish,  were  certainly 
less  gallant  tlum  their  successors.  In  addition  to 
this,  Vitruvius  expressly  enjoins  that  the  baths  of 
the  men  and  women,  diough  separate,  should  bd 
contiguous  to  each  other,  in  order  that  they  might 
be  supplied  from  the  same  boilers  and  hypocaust 
(v.  10)  ;  directions  which  are  here  fulfilled  to  the 
letter,  as  a  glance  at  the  plan  will  demonstrate. 

It  does  not  come  within  the  scope  of  this  article 
to  investigate  the  aource  from  whence,  or  the  man- 
ner in  which,  the  water  waa  supplied  to  the  baths 
of  Pompeii.  But  it  may  be  remarked  that  the 
suggestion  of  Mazois,  who  wrote  just  after  the  ex- 
cavation was  commenced,  and  which  has  been 
copied  from  him  by  the  editor  of  the  volumes  on 
Pompeii  published  by  the  Society  for  the  Diffu- 
sion of  Useful  Knowledge,  was  not  confinned  by 
the  excavation ;  and  those  who  are  interested  in  the 
matter  may  consult  the  fourth  appendix  to  the 
Pltm  de  Pompeiif  by  the  Abbate  lorio. 

Notwithstanding  the  ample  account  which  has 
been  given  of  the  pUins  and  usages  respecting  baths 
in  general,  something  yet  remains  to  be  said  about 
that  particular  class  denominated  Thennae ;  of 
which  establishments  the  baths  in  fiurt  constituted 
the  smallest  part  The  thermae,  properly  speaking, 
were  a  Roman  adaptation  of  the  Oreek  gynuiasium 
[Otm NASiUM ],  or  palaestra,  as  described  by  Vitni- 
vius  (v.  11) ;  both  of  which  contained  a  system  of 
baths  in  conjunction  with  conveniences  for  athletic 
games  and  youthful  sports,  exedrae  in  which  the 
rhetoricians  declaimed,  poets  recited,  and  philoso- 
phers lectured  — as  wdl  as  porticoes  and  vestibules 
fw  the  idle,  and  libraries  for  the  learned.  They 
were  decorated  with  the  finest  objects  of  art,  both 
in  painting  and  sculpture,  covered  with  precious 
marbles,  and  adorned  with  fountains  and  shaded 
walks  and  pkmtations,  like  the  groves  of  the  Aca- 
demy. It  may  be  said  that  they  hegan  and  ended 
with  the  Empire,  for  it  was  not  until  the  time  of 
Augustus  that  these  magnificent  structures  were 
commenced.  M.  Agrippa  is  the  first  who  affi)rded 
these  luxuries  to  his  countrymen,  by  bequeathing 
to  them  the  thermae  and  gardens  which  he  had 
erected  in  the  Campus  Martins.  (Dion  Cass.  liv. 
vol.  I  p.  759  ;  Plin.  H.  N.  xxxvi  25.  s.  64.)  The 
Pantheon,  now  existing  at  Rome,  served  originally 
as  a  vestibule  to  these  baths  ;  and,  as  it  was  con- 
sidered too  magnificent  for  the  purpose,  it  is  sup- 
posed that  Agrippa  added  the  portico  and  eonse- 
crated  it  as  a  temple.  It  appears  fi?om  a  passage 
in  Sidonius  ApoUinaris  (Omn.  xxiii.  495),  that 
the  whole  of  these  buildings,  together  with  the 
adjacent  Thermae  Neronianae,  remained  entire  in 
the  year  A.  i>.  466.  Little  is  now  left  beyond  a 
few  firagments  of  ruins,  and  the  Pantheon.  The 
example  set  by  Agrippa  was  followed  by  Nero, 
and  afterwards  by  Titus;  the  ruins  of  whose 
thennae  are  still  visible,  covering  a  vast  extent, 
partly  under  ground  and  partly  above  the  Esquiline 
HilL  Thennae  were  also  erected  by  Trajan,  Ca- 
racalla,  and  Diocletian,  of  the  two  last  of  which 


194 


BALNEAE. 


mmple  lemams  still  exist ;  and  eren  as  hte  as  Con- 
stantine,  besides  sereial  which  were  constructed 
by  private  individiials,  P.Victor  enumerates  six- 
teen, and  Panrinns  {(Jrh.  Rom.  Demript.  p.  106) 
has  added  four  more. 

Preriously  to  the  erection  of  these  establishments 
for  the  use  of  the  population,  it  was  customary  for 
those  who  sought  the  fieivour  of  the  people  to  give 
them  a  day's  bathing  free  of  expense.  Thus,  ac- 
cording to  Dion  Caissius  (xxxru.  p.  143),  Faus- 
tus,  the  son  of  Sulla,  furnished  warm  baths  and 
oil  gratis  to  the  people  fur  one  day ;  and  Augustus 
on  one  occasion  mrnished  warm  baths  and  barbers 
to  the  people  for  the  same  period  free  of  expense 
(Id.  liv.  p.  755),  and  at  another  time  for  a  wh<de 
year  to  the  women  as  well  as  the  men.  (/</.  xlix. 
p.  600.)  Hence  it  is  fiiir  to  infer  that  the  qnadians 
paid  for  admission  into  the  balneae  was  not  exacted 
at  the  lAermae^  which,  as  being  the  works  of  the 
emperors,  would  naturally  be  opened  with  imperial 
generosity  to  all,  and  without  any  charge,  other- 
wise the  whole  dty  would  have  thronged  to  the 
establishment  bequeathed  to  them  by  Agrippa; 
and  in  confirmation  of  this  opinion  it  may  be  re- 
marked that  the  old  establuhments,  which  were 
probably  erected  by  private  enterprise  (comp.  Plin. 
11.  iV.  ix.  54.  s.  79),  were  termed  merUoriaa.  (Plin. 
Ep.  il  17.)  Most,  if  not  all,  of  the  other  regula- 
tions previously  detailed  as  relating  to  the  economy 
of  the  baths,  apply  equally  to  the  thermae ;  but  it 


BALNEAE. 

is  to  these  establishments  eqwdally  that  the  disso- 
lute conduct  of  the  emperors,  and  other  hixurioiti 
indulgences  of  the  people  in  general,  detailed  in 
the  compositions  of  the  satirists  and  later  writen, 
must  be  considered  to  refer. 

Although  considerable  remains  of  the  Romsn 
thermae  are  still  visible,  yet,  from  the  vety  roin- 
OQs  state  in  which  they  are  found,  we  aie  far  from 
being  able  to  arrive  at  the  same  accurate  know- 
ledge of  their  component  parts,  and  the  usages  to 
which  they  were  applied,  aa  has  been  done  vitH 
respect  to  the  bakieM;  or  indeed  to  discover  a 
sadsfactoiy  mode  of  reconciling  their  constmctiTe 
details  with  the  description  which  Vitmvius  has 
left  of  the  baths  appertsiining  to  a  Greek  palaettn, 
or  to  the  description  given  by  Ludan  of  the  baths 
of  Hippiaa.  All,  indeed,  is  doubt  and  guess-work ; 
the  learned  men  who  have  pretended  to  give  an 
account  of  their  contents  differing  in  almost  all  the 
essential  particulars  from  one  another.  And  yet 
the  great  similarity  in  the  ground-plan  of  the  three 
which  still  remam  cannot  foil  to  otmvinoe  even  a 
superficial  observer  that  they  were  all  constructed 
upon  a  similar  plan.  Not,  however,  to  dismiss 
the  subject  without  enabling  our  readers  to  fona 
something  like  a  general  idea  of  these  enoriDoiu 
edifices,  which,  for  their  extent  and  magnificence, 
have  been  likened  to  provinces — {in  modt$m  proM- 
ciarum  exsinielae^  Amm.  Marc.  xvi.  6) — a  gnmnd- 
plan  is  annexed  of  the  Thermae  of  Ca^acalU^  which 


6ALNEAE. 
■re  tbe  best  prcicrycd  unongst  Umm 


3od  whu^  TSP^  perisaps  more  iplendid  than  all 
tile  Rflt  TDOse  apartDieiita,  of  which  the  nae 
k  taeettKBe^  with  the  appeanaoe  of  prohabilitj, 
are  tiaoe  marked  and  explained.  The  dark  parts 
repwent  tbe  remains  still  'visible,  tbe  open  lines 
an  restontioiia. 

A,  Portico  frontii^  tbe  street  made  by  CaracaOa 
mhm  be  eonstnieted  bii  tbennae.  —  B,  Separate 
latking-ioana,  eitber  fer  the  use  of  the  common 
p(«plp,  or  perhaps  for  say  persons  who  did  not 
wisk  to  baUie  in  public.  — C,  Apodyteria  attached 
to  tbem.— D,  D,  and  £,  E,  the  portiicoes.  (VitniT. 
T.  1 1.) — ^F,  F,  Exedrae,  in  which  there  were  seats 
fer  the  phUooophen  to  hold  their  conversations. 
(Yitntr.Lci  Cic  De  OraL  ii  5.)— G,  Hypae- 
tkae,  passigpi  open  to  die  air — Hypadkrae  toH- 
WiTfwff.qaaa  Giaeci  wepcSp^fu^os,  nostri  zystos 
s^ipeSant.  (VitnxT.  L  e.)  —  H,  H,  Stadia  in  the 
psiaestra — ^mtidrala  give  oUotiffa.  (Vitmv.  /.  c.) 
~  I,  I,  Poasiblj  scboob  or  academies  where  public 
kctsRs  were  deHvered.  — J,  J,  and  EL,  E,  Rooms 
■ppnpriated  to  the  aerrants  of  the  baths  (babiea- 
fefa).  In  tbe  latter  are  staircases  for  ascending 
ti  &e  principal  reserroir.  —  L,  Space  oocapied  by 
valks  and  sbmbberies  —  ambuiaiiomei  itUer  pla- 
trmmit.  (Vitmr.  L  eJ) — M,  The  arena  or  stadium 
is  vbicb  tbe  youth  performed  their  exercises,  with 
Mats  lor  the  spectators  (Vitmr.  L  e.),  called  the 
<iea£r«laBat. — N,  N,  Reservoirs,  with  upper  stories, 
KctHoai  deratiatis  of  which  are  given  in  the  two 
srineqnest  woodcots.  —  O,  Aqueduct  which  snp- 
{died  tbe  bathsL — P,  The  dstem  or  pisdna.  This 
erten^  nnge  of  buildings  occupies  one  mile  in 

GTCBlt. 

We  ram  oome  to  the  arrangement  of  tbe  interior, 
for  which  it  is  very  difficult  to  assign  satisfisctoiy 
dntioatiflns. — Q,  represents  the  principal  entrances, 
ti  vhich  there  were  eight. — R,  the  nataHo^pudna, 
or  eald-vater  bath,  to  which  the  direct  entrance 
fon  tbe  portico  is  by  a  vestibule  on  either  side 
Barked  S,  and  which  is  surrounded  by  a  set  of 
daaiberB  which  served  most  probably  as  rooms  for 
f  {apodjftena\  anointing  (tMcteoria),  and 
the  eapmrU.  Those  nearest  to  the 
perirtjie  vere  perhaps  the  eomuteria^  where  the 
psvder  was  kept  which  tbe  wrestlers  used  in  order 
to  obtain  a  firmer  gra^  upon  their  adversaries :  — 

*^  JSe  cavia  hansto  spaigit  me  pulvere  palmis, 
laqne  vieem  folvas  tactn  flavescit  arenae.^ 
(Ovid,  AM.  ix.  35.) 

(See  also  Sahnaa.  Ad  TertulL  PalL  p.  217,  and 
Mac&tialia,  De  Art  Gynuu  L  8.)  The  inferior 
quality  of  the  ornaments  which  these  apartments 
ksre  had,  and  tbe  staircases  in  two  of  them,  afford 
cTidatoe  that  they  were  occupied  by  menials. 
T,  is  considered  to  be  the  lepidarhan^  with  four 
wa  baths  (u,  n,  u,  u)  taken  out  of  its  four  angles, 
sad  two  UAra  on  its  two  flanks.  There  are  steps 
fcr  descending  into  the  baUis,  in  one  of  which 
traces  of  the  eondnit  aie  still  manifest  Thus  it 
voold  sppear  that  the  centre  part  of  this  apartment 
serred  as  a  Uptdanrnm,  having  a  balneum  or  calda 
tnsiio  in  four  of  its  eomers.  The  centre  part,  like 
that  slso  of  tbe  preceding  apartment,  is  supported 
by  e^  inwBfnsa  oolnmns. 

The  apartments  beyond  this,  which  are  too  much 
iikpidased  to  be  restored  with  any  degree  of  cer- 
taxBty,  eontained  of  course  the  laconicum  and 
I  for  which  tbe  round  chamber  W,  and 


BALNBAB. 


195 


its  appurtenances  seem  to  be  adapted,  and  which 
are  also  contiguous  to  the  reservoirs,  Z,  Z.  (Vitmv. 
V.  11.) 

«,  c,  probablv  comprised  tbe  ^pkthia^  or  pboes 
where  the  youth  were  taught  thmr  exercises,  vritb 
tbe  appurtenances  bekmging  to  them,  such  as  the 
BpkaerUurimm  and  wrfoaemm.  The  first  of  these 
tekes  its  name  from  tbe  game  at  ball,  so  much  in 
fovour  arith  the  Romans,  at  which  Bfartialls  firiend 
was  playing  when  tbe  bell  sounded  to  announce 
that  the  water  was  ready.  (Mart  xiv.  163.)  The 
bitter  is  derived  from  K^pncor,  a  sack  (Hesych. 
«.«.),  which  was  filled  vrith  bran  and  olive  husks 
for  the  young,  and  sand  for  the  more  robust,  and 
then  suspended  at  a  certain  height,  and  swung 
backwards  and  forwards  by  the  {jiayers.  (Autis, 
De  Gymn,  Oomti,  p. 9;  AntiU.  op.  Oribas.  ColL 
Med.  6.) 

The  chambers  also  on  tbe  other  side,  which  are 
not  marked,  probably  served  for  the  exercises  of 
tbe  pabiestia  in  bad  weather.     (Vitruv.  v.  1 1.) 

These  baths  contained  an  upper  story,  of  which 
nothing  remains  beyond  what  is  just  sufficient  to 
indicate  the  foct  They  have  been  mentioned  and 
eulogised  by  sevoal  of  tbe  Latin  authors.  (Spar- 
tian.  CaraialL  c  9  ;  Lamprid.  Hetioyab.  c.  17, 
Alex.  Sever,  c.  25 ;  Eotropius,  viii.  1 1  ;  Olymp. 
apud  PkcL  p.  1 14,  ed.  Aug.  Vindd.  1601.) 

It  will  be  observed  that  there  is  no  part  of  the 
bathing  department  separated  from  the  rest,  which 
could  be  assigned  for  the  use  of  tbe  women  ex- 
clusively. From  this  it  must  be  inferred  either 
that  both  sexes  always  bathed  tocether  promiscu- 
ously in  the  thermae,  or  that  the  women  wen 
excluded  altogether  from  these  establishments,  and 
only  admitted  to  tbe  balneae. 

It  remains  to  explain  the  manner  in  which  the 
immense  body  of  virater  required  for  tbe  supply  of 
a  set  of  baths  in  the  thermae  was  heated,  which 
has  been  performed  very  satisfoctorily  by  Piiancsi 
and  Cameron,  as  may  be  seen  by  a  reference  to  the 
two  subjoined  sections  of  the  ea$iellum  aqtiaeduetut 
and  piacma  belonging  to  the  Thermae  of  Ouacalla. 


A,  Arches  of  the  aquaeduct  which   conveyed 

the  water  into  the  pudna  B,  from  whence   it 

flowed  into  the  upper  range  of  cells  through  the 

aperture  at  C,  and  thence  again  descended  into 

o  2 


196 


BALTEUS. 


the  lower  ones  by  the  aperture  at  D,  which  were 
placed  immediately  orer  the  hypocaiut  £  ;  the 
praefumion  of  which  is  seen  in  the  transrerse 
section,  at  F  in  the  lower  cat  There  were 
thirty-two  of  these  cells  arranged  in  two  rows 
over  the  hypocaost,  sixteen  on  each  side,  and  all 
communicating  with  each  other  ;  and  orer  these  a 
similar  number  simihirly  arranged,  which  com- 
municated with  those  below  by  the  aperture  at  D. 
The  parting  walls  between  these  cells  were  like- 
wise perforated  with  flues,  which  served  to  dis- 
seminate the  heat  all  around  the  whole  body  of 
water.  When  the  water  was  sufficiently  warm,  it 
was  turned  on  to  the  baths  through  pipes  conducted 
likewise  through  flues  in  order  to  prevent  the  loss 
of  temperature  during  the  passage,  and  the  vacuum 
was  supplied  by  tepid  water  from  the  range  above, 
which  was  replenished  from  the  niscina ;  exactly 
upon  the  principle  represented  in  the  drawing  from 
the  Thermae  of  Titus,  ingeniously  applied  upon  a 
much  larger  scale.  (The  most  important  modem 
works  on  the  Roman  baths  are  the  following: 
Winckelmann,  numerous  passages  in  his  works ; 
the  descriptions  of  the  Roman  baths  by  Cameron, 
Lond.  1772,  and  Palladio  and  Scamozzi,  Vicenza, 
1785  ;  Stieglitz,  Archaoloffie  der  Baukwut^  vol.  ii. 
p.  267,  &c ;  Hirt,  £e/«r»  der  Geb'duds,  p.  233,  &.c  ; 
Weinbrenner,  EiUwurfe  und  Ergdnzutigen  antiker 
Gtb'dwUt  Carlsruhe,  1822,  part  1 ;  the  editors  of 
Vitruvius,  especially  Schneider,  vol.  ii.  pp.  375 — 
391 ;  for  the  baths  of  Pompeii,  Bechi,  Mut,  Bor- 
bon,  vol.  ii.  pp.  49 — 52 ;  Oell,  Pompekma ;  Pom- 
peii in  the  Lib,  Ent.  Know, ;  and  for  the  best 
summary  of  the  whole  subject,  Becker,  OaUuSy  vol. 
ii.  p.n,&c)  [A.R.] 

BA'LTEUS,  or  BA'LTEA  in  the  plural 
(rcXoftc^t'),  a  belt,  a  shoulder-belt,  a  baldric, 
was  used  to  suspend  the  sword  ;  and,  as  the 
sword  commonly  hung  beside  the  left  hip,  its  belt 
was  supported  by  the  right  shoulder,  and  passed 
obliquely  over  the  breast,  as  is  seen  in  the  beauti- 
ful cameo  here  introduced  from  the  Florentine 
Museum.     In  the  Homeric  times  the  Greeks  also 


used  a  belt  to  support  the  shield  ;  and  this  second 
belt  lay  over  the  other,  and  was  larger  and  broader 
than  it  (7Z.  xiv.  404 — 406)  ;  but  as  this  shield- 
belt  was  found  inconvenient,  it  was  superseded  by 
the  invention  of  the  Carian  ^xavov  [Clipbus.] 
The  very  early  disuse  of  the  shield-belt  accounts 


BARBA. 

for  the  fact,  that  this  part  of  the  aodeot  armour 
is  never  exhibited  in  paintings  or  saUptiire*.  A 
thurd  use  of  the  balteus  was  to  suspelm  the  quiTer, 
and  sometimes  together  with  it  the  bow.  (Nemea. 
Cyneg,  91.)  The  belt  was  usually  made  of  leather, 
but  was  ornamented  with  gold,  silver,  and  preciooa 
stones,  and  on  it  subjects  of  ancient  art  were  fre- 
quently embroidered  or  embossed.  (HercxL  L 
171  ;  xp^cos  TcAcyu&i',  Od,  xi.  610  ;  ^ocom^T, 
n.  xii.  401  ;  Viig.  Aen.  v.  312.)  The  belt,  of 
the  Roman  emperors  were  also  magnificently 
adomed,  and  we  learn  from  inscriptioos  that  tfaei« 
was  a  distinct  officer  —  the  baUearitu  —  who  had 
the  chaige  of  them  in  the  imperial  palaee.  (Tre- 
bell.  PoU.  Galliem.  16.) 

BA'LTEUS,  in  architecture.  VitroTiiia  ap- 
plies the  term  ^  baltei  **  to  the  bands  sarroanding 
the  volute  on  each  side  of  an  Ionic  ci4>ita].  (/^ 
Arch.  iii.  5.  ed.  Schneider  ;  GeneUi,  Briefk  Ulier 
Viiruv,  ii.  p.  35.)  [Columna.]  Other  writers 
apply  it  to  the  praednetionei  of  an  amphitheatre. 
(Calpurn.  EoL  vii.  47  ;  Tertnllian,  De  S^aeettM^^  3  ; 
Amphithbatrum).  In  the  amphitheatre  at 
Verona  the  baltei  are  found  by  measurement  to  be 
2^  feet  high,  the  steps  which  they  enclose  being 
one  foot  two  inches  high.  [J.  Y. j 

BAPTISTE'RIUM.    [Balneum.] 

BARATHRON  (fidpaBpop),  also  called  ORUG- 
MA  (6pvyfM\  was  a  deep  pit  at  Athens,  with 
hooks  on  the  sides,  into  which  criminals  were  caat. 
It  was  situate  in  the  demus  Kttpuiiau.  It  is  men- 
tioned as  early  as  the  Persian  wars,  and  cantinaed 
to  be  employed  as  a  mode  of  punishment  in  the 
time  of  the  orators.  The  executioner  was  called 
6  M  TV  6p6yfJMTi,  (Schol  ad  Aristoph,  Plmt,  431  ; 
Harpocrat  «.vo.;  Herod,  vii.  133 ;  Xen.  HeU,  L  7. 
§  21  ;  Lycuig.  e.  LeocraL  p.  221  ;  Deinarch.  c 
Dem.  pi  49  ;  Wachsmuth,  HeUeu,  AUertkumak,  voL 
iL  p.  204, 2nd  edit)  It  corresponded  to  the  Spartan 
Ceadas.     [Cbadas.] 

BARBA  (iruywyf  T^ctoy,  ^j%  Aristoplu 
LysisL  1072),  the  beard.  The  fiuhions  which 
have  prevailed  at  difierent  times,  and  in  diffii^rent 
countries,  with  respect  to  the  beard,  have  been  very 
various.  The  most  refined  modem  nations  regard 
the  beard  as  an  encumbrance,  without  beauty  or 
meaning  ;  but  the  ancients  generally  cultivated  iu 
growth  and  form  with  special  attention  ;  and  that 
the  Greeks  were  not  behind-hand  in  this,  any- 
more than  in  other  arts,  is  sufficiently  shown  by 
the  statues  of  their  philosophers.  The  phrasMs 
T«7wyorpo^ciy,  which  is  applied  to  letting  the 
beard  grow,  implies  a  positive  culture.  Generally 
speaking,  a  thick  beard,  wi^Tofr  jSo^s,  or  ^curvs^ 
was  considered  as  a  mark  of  manliness.  The 
Greek  philosophers  were  distmguished  by  their 
long  beards  as  a  sort  of  badge,  and  hence  the  term 
which  Persius  {Sat,  iv.  1)  applies  to  Socrates 
nuiffisier  barbaius.  The  Homeric  heroes  were 
bearded  men.  So  Agamemnon,  Ajax,  Menelans, 
Ulysses  (IL  xxii.  74,  xxiv.  516,  Od,  xri.  176). 
According  to  Chrysippus,  cited  by  Athenaeos 
(xiiL  p.  565),  the  Greeks  wore  the  beard  till  the 
time  of  Alexander  the  Great,  and  he  adds  that  the 
first  man  who  was  shaven  was  called  ever  after 
K6p<niv^  *»  shaven  "  (from  irf/pa»).  Plutarch  (7%es. 
c  5)  says  that  the  reason  for  the  shaving  was  that 
they  might  not  be  pulled  by  the  beard  in  battle. 
The  custom  of  shaving  the  beard  continued  among 
the  Greeks  till  the  time  of  Justinian,  and  during 
that  period  even  the  statues  of  the  philosophers 


BARBA. 

wcR  witkovt  t&e  beard.  The  ph3o«>phen»  bow- 
rrer,  genemilj  ooottnned  tbe  old  bad^  of  their 
lifvfeaaBa,  and  their  Qetgntation  in  ao  doing  gave 
ne  to  the  saying  that  a  long  beard  does  not  miske 
s  phdoaopher  {wtrfmmnim^ta  ^tKiaofott  oO  tomi), 
K»d  aoaui,  whose  wiftdom  stopped  with  his  beard, 
«3a  caOed  ^  w^rymmoi  9op6s.  (Compaie  OelL  iz. 
2 ;  QiDBt.  zi.  1).  The  Romans  in  early  times 
vwe  the  beard  nncut^  aa  we  learn  from  the  insult 
eiefcd  by  the  Oaul  to  M.  Papirins  (Lir.  t.  41), 
and  froa  Cktao  (/\o  CatL  14)  ;  and  according 
»  VsRo  {£M  Re  RwuL  ii.  1 1)  and  Pliny  (viL  59), 
tbe  RaoHn  bearda  were  not  sharen  tOi  &  c  300, 
vhea  P.  Tidnms  Maenas  brooght  orer  a  barber 
fnm  SkUj  ;  and  Pliny  adds,  that  the  first  Roman 
who  was  shaved  (nuas)  every  day  was  Scipio 
A&icaaas.  Hia  cnatom^  bowerer,  was  soon  ml- 
feved,  and  shaving  heraine  a  regular  thing.  The 
kwer  ordeiB,  then  aa  now,  were  not  always  able  to 
4othe  sBDMi  and  hcnoe  tbe  jeeis  of  Mutial  (vii 
Sa,  joL  &9)l  In  tile  later  times  of  the  republic 
there  woe  nany  who  shaved  the  beard  only  par- 
tiuly,  aad  trimased  it,  so  as  to  give  it  an  oma- 
mentsl  ten  ;  to  theaa  tbe  terms  6eae  barbaH  (Cic 
CtA  ik  10)  and  har^almU  (Cic  ad  Att  I  14,  16, 
PnC^eL  14)  are  api^ed.  When  in  mourning  all 
the  higifter  aa  well  as  the  lower  orders  let  their 
beards  grow. 

la  tbe  geneial  way  in  Rome  at  this  time,  a 
hiDg  besod  {Jkaria  promima^  Liv.  zzviL  34)  was 
oiQiidcfvd   a  mark  of  ilovenlinen  and  tqiuUor. 
The  eesaon,  L^  Vctnrins  and  P.  Lidnius,  com- 
pelled M.  Livios,  who  had  been  banished,  on  his 
EtstfliatiaBk  to  the  city,  to  be  shaved,  and  to  lay 
acde  hia  dirty  appeaianee  (tomderi  d  $qmUorem 
fijiMiWie>,and  then,  but  not  till  then,  to  come  into 
the  aenate,  Ac   (Liv.  xzviL  34»)     The  first  time  of 
shaving  wastef^uded  as  the  beginning  of  mauhood, 
aid  the  day  on  which  this  took  place  was  cele- 
hnted  as  a  fieativaL     (Juv.  Sat,  iii.  186.)     There 
ra  no  p'*»i-»^*»'  time  fixed  for  this  to  be  done. 
UnaDy,  however,  it  was  dooe  when  the  young 
Rmnan  amnmed  the  toga  virilis  (Suet  Culiff.  10). 
Augustas  did  it  m  his  34th  year ;  Caligula  in  his 
*20tL    The  hair  cut  off  on  such  occasions  was  con- 
secrated to  some  god.     Thus  Nero  put  his  up  in  a 
gnld  box,  set  with  pearlsi  and  dedicated  it  to  Jupi- 
ter Cspitolinna.    (Suet.  iVer.  12.) 

With  the  emperor  Hadrian  the  beard  began  to 
rerive  (Dion  Catai.  Ixviii  15).  Plutarch  says  that 
tbe  emperor  wore  it  to  hide  some  scars  on  his  face. 
Tbe  pBctioe  afterwards  became  common^  and  till 
the  time  of  Omataatine  the  Great,  the  emperors 
^^pear  m  basts  and  coins  with  beards.  The  Ro- 
asam  let  their  beards  grow  in  time  of  mourning  ; 
so  AngostBs  did  (Suet.  Amff.  23)  for  the  death  of 
JnlJos  Caesar,  and  the  time  when  he  had  it  shaved 
df  he  made  a  season  of  festivity.  (Dion  Cass. 
ilTixL  34  ;  eomp.  Cic.  m  Verr.  il  12.)  The 
Oredcs,  on  the  other  hand,  on  such  occasions 
shaved  the  beard  dose.  Tacitns  (6renn.  c  3)  says 
that  the  Catd  let  their  hair  and  beard  grow,  and 
ewld  not  have  them  cut  till  they  had  slain  an 
eaeny.  (Compare  Becker,  CkartJdes,  voL  ii. 
pi  387,  Ac) 

BAaaxas.  The  Greek  name  for  a  barber  was 
cnf<^  and  the  Latin  feasor.  The  term  em- 
plojed  in  modem  European  languages  is  derived 
fern  the  low  Latin  baritaloriuSf  which  is  found  in 
Petnsniis.  The  barber  of  the  ancients  was  a  far 
BKce  important  personage  than  his  modem  repre- 


DARB.l. 


197 


sentative.  Men  had  not  often  the  necesMiry  im- 
plements for  the  various  operations  of  the  toilet  ; 
combs,  mimrs,  perfumes,  and  tools  for  clippuig, 
cutting,  shaving,  &c  Accordingly  the  whole  pro- 
cess had  to  be  performed  at  the  larberV,  and  hence 
the  great  concourse  of  people  who  daily  gossipped 
at  the  Umttrma^  or  barbells  sbop^  Besides  the 
duties  of  a  barber  and  hairdresser,  strictly  so 
called,  the  ancient  feasor  dischaiged  other  offices. 
He  was  also  a  nail-parer.  He  was,  in  &ct,  much 
what  the  English  barber  was  when  he  extracted 
teeth,  as  well  as  cut  and  dressed  hair.  People 
who  kept  the  necessary  mstruments  for  all  the 
different  opeiations,  generaUy  had  also  slaves  ex- 
pressly for  the  purpose  of  performmg  them.  Tfie 
business  of  the  barber  was  threefol£  First  there 
was  the  cutting  of  hair :  hence  the  barber's  ques- 
tion, vwf  o'f  ceips»  (Pint  De  Gamd.  13).  For 
this  purpose  he  used  various  knives  of  different 
sixes  and  shapes,  and  degrees  of  sharpness :  hence 
Lneian  {Adv.  ImdoeL  c.  29),  m  enumerating  the 
apparatus  of  a  barberls  shop,  mentions  wKnSot 
fiaxoipaUn^  (fidxoipo,  fimx«uplty  ttmfpis  are  used 
also,  in  Latin  adier) ;  but  scisson,  f^aXif,  SnrAif 
ftdxaipa  (PoUux,  ii  32 ;  in  Latm  /bi^,  aneia) 
were  used  toa  (Compare  Aristoph.  Adkam,  848  ; 
Lodan,  Pit.  c.  46. )  Mdlxaipa  was  the  usual  word. 
Iiregularity  and  unevenness  of  the  hair  was  oon- 
sidoed  a  great  blemish,  as  i^ipcars  geneiallv,  and 
from  Horace  (Sat.  i.  3.  31,  andEput.  L  L  94),  and 
accordingly  after  the  bair-eutting  the  uneven  hairs 
were  pulled  out  by  tweexen,  an  operation  to  which 
Pollux  (il  34)  applies  the  term  wapaX^y^eBat. 
So  the  hangers-on  on  great  men,  who  wished  to 
look  youna^  were  accustomed  to  pull  out  the  grey 
hairs  for  them.  (Arist  £q.  908.)  This  was  con- 
sidered, however,  a  maik  of  effeminacy.  (Gell. 
vii.  12  ;  Cic.  Pro  Ro$c.  Com.  7.)  The  person  who 
was  to  be  operated  on  by  the  barber  hod  a  rough 
cloth  (vftMuror,  taeo^ircre  in  Phuitus,  Capt.  ii  2. 
17)  Isid  on  his  shoulders,  as  now,  to  keep  the 
hairs  off  his  dress,  &c.  The  second  part  of  the 
business  was  shaving  (rtuiere,  nmfefv,  ivpw\ 
This  was  done  with  a  {vp^^,  a  aoeocH^  (Lamprid. 
Heiiog.  c  31),  a  mxor  (as  we,  retaining  the  Latin 
rontt  call  it),  which  he  kept  in  a  case,  iH*nr, 
ivpoM^Ktl^  {vpoMmfr,  *•  a  rssor-case^*  (Aristoph. 
Tlesm.  220  ;  Pollux,  ii.  32  ;  Petron.  94).  Some 
who  would  not  submit  to  the  operation  of  the  razor 
used  instead  some  powerftd  depilatory  omtments, 
or  piasters,  as /MtifotAroa.  (Plin.  xxzii  10.  47  ; 
aiAda  Creia^  Martial,  vi  93.  9 ;  Venetam  UUum^ 
iii  74  ;  dropax^  iii.  74 ;  x.  66.)  Stray  hairs  which 
escaped  the  raxor  were  pulled  out  with  small 
pincers  or  tweezers  (vdUMae^  rpixoAdtfior).  The 
third  part  of  the  barber's  work  was  to  pare  the 
nails  of  the  hands,  an  operation  which  the  Greeks 
expressed  by  the  words  bwxK'^tp  and  Avorvxl^ciy 
(Aristoph*  Eq.  706 ;  and  SdicL  ;  Theophrast. 
C^naract.  c  26;  Pollnx,  ii  146).  The  instra- 
ments  used  for  this  purpose  were  called  ^yvxioT^io, 
se.  ftaxalput.  (Pollux,  z.  140.)  This  practice  uf 
employing  a  man  expressly  to  pare  the  nails  ex- 
plains Plautus^  humorous  description  of  the  miserly 
Euclio(^a;a^ii4.  34):  — 

'^  Quin  ipsi  quidem  tonsoif  ungues  dempserat, 
CoUegit,  omnia  abstulit  praesegmina.^ 

Even  to  the  miser  it  did  not  occur  to  pare  bis  naUs 

himself  and  save  the  money  he  would  have  to  pay; 

but  only  to  collect  the  parings  in  bo^^  of  making 

o  3 


198  BASILICA, 

•omethbg  bjihem.  So  Martbd,  in  nllyiiig  a  fop, 
who  had  tried  to  dupeoBe  with  the  barber^  Ber- 
▼ioes,  by  xuiag  different  kinds  of  plasters,  &c^ 
asks  him  {Epig,  iil  74),  Quid  /adent  wigue*  t 
What  will  your  nails  do  ?  How  will  you  get  your 
nails  pared?  So  Tibullus  says  (i  8.  11),  quid 
(prodest)  unufuea  artificis  docta  iulmcuism  numu; 
from  which  it  appears  that  the  person  addressed 
was  in  the  habit  of  employing  one  of  the  more 
fiishionable  tensors.  The  instruments  used  are 
referred  to  by  Martial  iEpig.  xiv.  36,  Jndru- 
menta  tonsoria.)  [A.  A.] 

BA'RBITOS,  or  BA'RBITON.     [Lyra.] 
BASANOS  {fidtrwos).     [Tormentum.] 
BASCA'NIA  {fioffKoyia).    [Fascinum.] 
BASCAUDA,  a  British  basket    This  term, 
which  remains  with  yeiy  little  yariation  in  the 
Welsh  ''basgawd,**  and  the  English  "^  basket,** 
was  conveyed  to  Rome  toother  with  the  articles 
denoted  by  it.     We  find  it  used  by  Juvenal  (xii. 
46)  and  by  Martial  (xiy.  99)  in  connections  which 
imply  that  these  articles  were  held  in  much  esteem 
by  the  luxurious  Romans.  [J.  Y.] 

BASILEIA  (/3a(ri\cta),  a  festival  celebrated 
at  Lebadeia,  in  Boeotia,  in  honour  of  Trophonius, 
who  had  the  surname  of  Ba<riA.c6s.  This  festival 
was  also  called  Trophonia — Tpo^yia  (Pollux,  l 
87) ;  and  was  first  observed  under  the  hitter  name 
as  a  general  festival  of  the  Boeotians  after  the  battle 
of  Leuctra.  (Died.  xv.  53.) 
BA'SILEUS  (/SiwriAfiij).  [Rkx.] 
BASFLICA  (sc  oeofes,  aula,  porUcus -^  fiatri- 
\iK^  also  ryia,  Stat  Silo,  I  1.  30  ;  Suet  Aug. 
31),  a  building  which  served  as  a  court  of  law  and 
an  exchange,  or  place  of  meeting  for  merchants,  and 
men  of  business.  The  tm>  uses  are  so  mixed  up 
together  that  it  is  not  always  easy  to  say  which 
was  the  principal  Thus  the  basilica  at  Fanum, 
of  which  Vitruvius  himself  was  the  architect,  was 
entirely  devoted  to  business,  and  the  courts  were 
held  in  a  small  buildinff  attached  to  it,  —  the 
temple  of  Augustus.  The  term  is  derived,  ac- 
cording to  Philander  (Comment,  in  VUrwf.\  from 
^aa'lA<^$,  a  king,  in  reference  to  early  tiroes,  when 
the  chief  magistrate  administered  the  laws  he  made; 
but  it  is  more  immediately  adopted  from  the  Greeks 
of  Athens,  whose  second  archon  was  styled  (ipx^ 
fiaffiXeiSf  and  the  tribunal  where  he  adjudicated 
CTiA  iSoo-iXcior  (Paus. L  3.  §  1  ;  Demosth.  c  AristO" 
geit.  p.  776),  the  substantive  anla  atportieus  in  Latin 
being  omitted  for  convenience.  The  Qreek  writers 
who  speak  of  the  Roman  basilicae,  call  them  some- 
times oToeU  fiaffi?uKulf  and  sometimes  merely 
aroal. 

The  name  alone  would  make  it  highly  probable 
that  the  Romans  were  indebted  to  the  Greeks  for 
the  idea  of  the  building,  which  was  probably  bor- 
rowed £rom  the  (mA  fiaaiKtios  at  Athens.  In 
its  original  form  it  may  be  described  as  an  imulaied 
porHoo,  detached  firom  the  agora  or  fbrwn^  for  the 
more  convenient  transaction  of  business,  which 
formeriy  took  place  in  the  porticoes  of  the  agora 
itself ;  in  fact,  a  sort  of  agora  in  miniature.  The 
court  of  the  Hellanodicae,  in  the  old  agora  of  Elis, 
was  exactly  of  the  form  of  a  basilica.    [Aoora]. 

The  first  edifice  of  this  description  was  not 
erected  until  B.  c.  184  (Liv.  xxxix.  44)  ;  for  it  is 
expressly  stated  by  the  historian,  that  there  were 
no  basiUcae  at  the  time  of  the  fire,  which  de- 
stroyed so  many  buildings  in  the  forum,  under  the 
ooDsalate  of  Marcellus  and  Laevinus,  b,c.  210. 


BASILICA. 

(Liv.  zzvL  27.)  It  was  situated  in  the  foram  ad- 
joining the  curia,  and.  was  denominated  basilica 
Porcia,  in  commemonrtion  of  its  founder,  M. 
Porcius  Orto.  Besides  this,  then  were  twenty 
others,  erected  at  different  periods,  within  the  otj 
of  Rome  (Pitisc  Lex,  Ant.  s.  o.  Bosafos),  of  whidb 
the  following  are  the  most  frequently  alluded  to  by 
the  ancient  authors :  —  1.  BaaOiea  Semptxmia,  ctm- 
structed  by  Titus  Sempronius,  b.  c.  171  (LJr.  xIit. 
16) ;  and  supposed,  by  Donati  and  Nardini,  to  have 
been  between  the  vicus  Tuscns  and  the  Vdabram. 

2.  BatiUca  Opimia,  which  was  above  the  oomithnn. 

3.  Banlica  PauU  AemUOy  or  BaeHioa  jiemiiia, 
called  also  Regia  PauU  by  Statiua  {L  &).  Cieero 
(Ad  AU,  iv.  16)  mentions  two  basilicae  of  this 
name,  of  which  one  was  buHt,  and  the  other  only 
restored,  by  Paulus  Aemilius.  Both  theee  edifices 
were  in  the  forum,  and  one  was  celebrated  for  its 
open  peristyle  of  Phrygian  columns.  A  repre- 
sentation of  this  one  is  given  below  from  a  coin  of 
the  Aemilia  gens.  (Plin.  H,  N,  xxxvi  24  ;  Appian, 
B.  C,  ii.  26 ;  Pint  Com.  29.)  The  pontion  of 
these  two  basilicae  has  given  rise  to  much  eon- 
troversy,  a  brief  account  of  which  is  given  in  the 
DieL  of  Biog.  Vol  II.  p.  766.  4.  BauiUea  Pom^ 
peii,  called  also  regia  (Suet  At^.  31),  near  the 
theatre  of  Pompey.  5.  BamUoa  JuUa^  erected  by 
Julius  Caesar,  in  the  fbmm,  and  opposite  to  the 
basilica  Aemilia.  (Suet  Calig.  37.)  6*  Bamiioa 
Caii  et  LuoH^  the  grandsons  of  Augustoa,  by  whom 
it  was  fi>nnded.  (Suet  Aty,  29.)  7.  Bamliea 
Vlpioy  or  7\xffami,  in  the  forum  of  Trajan.  8. 
Batilioa  CkmtUuOiMi^  erected  by  the  empeior  Con- 
stantinc,  supposed  to  be  the  ruin  now  remaining 
on  the  via  sacra,  near  the  temple  of  Rome  and 
Venus,  and  commonly  called  the  temple  of  Peace. 
Of  all  these  magnificent  edifices  nothing  now  re- 
mains beyond  the  ground-plan,  and  the  bases  and 
some  portion  of  the  columns  and  superstructure 
of  the  two  last  The  basilica  at  Pompeii  is  in 
better  preservation  ;  the  external  walla,  raqges  of 
columns,  and  tribunal  of  the  judges,  bein^  still 
tolerably  perfect  on  the  ground-floor. 

The  forum,  or,  where  there  was  more  than  one, 
the  one  which  was  in  the  roost  frequented  and 
centnd  part  of  the  city,  was  always  selected  for  the 
site  of  a  basilica  ;  and  hence  it  is  that  the  classic 
writers  not  unfrequently  use  the  terms  ybnpts  and 
bagilioa  synonymously,  as  in  the  passage  of  Clan- 
dian  (De  Honor.  Ooum.  vi.  $45):^De9uekaqme 
eingit  Regius  auratie  fora  Juidbue  Ulpia  Hctar^ 
where  the  forum  is  not  meant,  but  the  basilica 
which  was  in  it,  and  which  was  sarroondedby  the 
lictors  who  stood  ts  the  forum.  (Pitisc  Zesr.  Ani, 
le.;  Naid.  Rom,  Ant.  v.  9.) 

Vitruvius  (v.  1)  directs  that  the  most  sheltered 
part  of  the  forum  should  be  selected  lor  the  site  of 
a  basilica,  in  order  that  the  public  might  suffer  as 
little  as  possible  from  exposure  to  bad  weather, 
whilst  going  to,  or  returning  firom,  their  place  of 
business  ;  he  might  also  have  added,  lor  their 
greater  convenience  whilst  engaged  within,  since 
many  of  these  edifices,  and  all  of  the  more  ancient 
ones,  were  entirely  open  to  the  external  air,  being 
surrounded  and  protected  solely  by  an  open  peri- 
style of  columns,  as  the  annexed  representatiain  of 
the  basilica  Aemilia  fi:om  a  medal  of  Lepidna,  with 
the  inscription,  dearly  shows. 

When,  however,  the  Romans  became  wealthy 
and  rdined,  and  consequently  more  efieminate,  a 
wan  was  substituted  fi>r  the  external  peristyle^  and 


BASIUCA. 


dK  wiiimM  were  eanfined  to  tlie  intttkr ;  or,  if 
oed  ezlenaHj,  it  wu  only  in  decofating  the 
^Mvw^  or  mtibnle  of  cntnmce.  This  was  the 
obI  J  chofe  which  took  place  in  the  £Mrm  of  theee 
tenlifingi,  from  the  time  of  their  fint  institation, 
■Btil  thcj  were  ooBrerted  into  Christian  chorches. 
The  frnmd  pfaui  of  all  of  them  is  rectangular,  and 
their  width  not  moce  than  hal^  nor  less  than  one- 
tkivdofthe  length  (Vitmr.  iL  &)  ;  hntiftheaie* 
«■  vhich  the  edifice  was  to  be  raised  was  not  pro- 
pastioBafij  long*  sbmU  Cambers  (tialeidim)  were 
OR  «€  from  ooe  of  the  ends  (VitmT.  L  c), 
which  served  as  oflRces  for  the  judges  or  mer- 
Thia  aiea  was  divided  into  three  parts, 
ig  of  a  central  nare  (sierfie  portiea»\  and 
i  waaiem,  each  sepaiated  from  the  centre  bj 
a  liagle  row  of  eohmins  —  a  mode  of  construction 
paitiailarly  adapted  to  baildings  intended  for  the 
RcqitioB  of  a  huge  oonooorse  of  people.  At  one 
end  of  the  centre  aisb  was  the  tribonal  of  the 
ja^g«^  m  hna.  either  lectangnlar  or  drcohur,  and 
■Huliims  cat  off  from  the  length  of  the  grand 
■Bsc  (as  is  aeen  in  the  annexed  plan  of  the  banlica 
St  Pompeii,  which  also  afibrds  an  example  of  the 
I  of  the  jodioesy  or  chalcidica,  aboTe  men- 


■     ■■■■■■1      f 


m    I    ^■^■rf^  ■    ■      a 


tioaedX  v  otherwise  thrown  oat  from  the  hinder 
wall  of  the  bmlding,  like  the  tribnne  of  some  of 
tke  most  ancient  cbuches  in  Rome,  and  then  called 
the  hendcjde — an  instance  of  which  is  a£R:>rded 
■  the  basilka  Trajani,  of  which  the  pbn  is  given 
bdev.  It  will  be  obscnred  that  this  was  a  most 
smrptnoos  edifice,  possessing  a  double  tribune,  and 
^floble  row  of  oohmms  on  each  side  of  the  centre 
aaie,  Priding  the  whole  into  five  aisles. 

The  internal  tribune  was  probably  the  original 
eoostncdon,  when  the  basilica  was  smipl^  used  as 
s  cont  of  justice  ;  but  when  those  spacious  halls 
were  erected  fix*  the  convenience  of  tnders  as  wdl 
tt  )oiBger%  then  the  semicircular  and  external  tri- 
bime  was  adopted,  in  order  that  the  noise  and  con- 
fmatm  m  the  basilica  might  not  interrupt  the 
pnceedmgs  of  the  magistrates.  (Vitruv.  /.  c)  In 
the  eentie  of  this  tribnne  was  placed  the  curule 
chsir  of  the  praetor,  and  seats  for  the  judices,  who 
tonetimes  amounted  to  the  number  of  180  (Plin. 
Ep.  TL  33X  and  the  advocates  ;  and  round  the 
adci  of  the  hemicydev  called  the  wings  (oomara), 
vete  scats  for  persons  of  distinction,  and  for  the 
(ttties  engaged  in  die  proceeding  It  was  m  the 
viag  of  the  tr^Nme  that  Tibenus  sat  to  overawe 
the  ja4gi»eBt  at  the  trial  of  Qraniuir  Maitellus. 


BASIUCA.  199 

(Tadt  Aim.  I  75.)  The  two  side  aislei,  as  has 
been  said,  were  sepaiated  from  the  centre  ooe  by  a 
row  of  columns,  behind  each  of  which  was  phwed 
a  square  pier  or  pihttter  (/Mftistata,  Vitruv.  L  a), 
which  sopported  the  flooring  of  an  upper  portico, 
shnilar  to  the  gallery  of  a  modem  church.  The 
upper  gallerr  was  ia  like  manner  decorated  with 


columns  of  smaller  dimensions  than  those  below  ; 
and  these  served  to  support  the  roof,  and  were 
connected  with  one  another  by  a  parapet-wall  or 
balustrade  {plmtemt^  Vitruv.  L  c),  which  served  as 
a  defence  against  the  danger  of  falling  over,  and 
screened  the  crowd  of  loiterers  above  (mMamUeani^ 
Plant  CapL  iv.  2.  85)  fnm  the  people  of  business 
in  the  area  below.  (Vitruv.  L  c)  This  gallery 
reached  entirely  round  the  inside  of  the  bmlding, 
and  was  frequented  by  women  as  well  as  men,  the 
women  on  one  side  and  the  men  on  the  other,  who 
went  to  hear  and  see  what  vras  soing  on.  (Plin. 
/.  0.)  The  staircase  which  led  to  the  upper  portico 
was  on  the  outside,  as  is  seen  in  the  plan  of  the 
basilica  of  Pompeii  It  is  similariy  situated  in  the 
basilica  of  Constantino.  The  whole  area  of  these 
magnificent  structures  was  covered  in  with  three 
separate  ceilings,  of  the  kmd  called  iettmdinaium^ 
like  a  tortoise-shell ;  in  technical  bmguage  now 
denominated  ootmi,  an  exuression  used  to  distin- 
guish a  ceiling  which  has  tne  general  appearance  of 
a  vaults  the  central  part  of  which  is,  however,  flat, 
while  the  margins  incline  by  a  cylindrical  shell 
from  each  of  the  fimr  sides  of  the  central  square  to 
the  side  walls  ;  in  which  form  the  ancients  ima- 
gined a  resemblance  to  the  shell  of  a  tortoise. 

From  the  description  which  has  been  given,  it 
will  be  evident  how  nmch  these  edifices  were 
adapted  in  their  ^eral  form  and  construction  to 
the  uses  of  a  Christian  church  ;  to  which  parpoae 
many  of  them  were,  in  fact,  converted  in  the  time 
of  Constantino.  Hence  the  later  writers  of  the 
o  4 


200 


BASILICA. 


empire  applj  the  tenn  builicae  to  all  churches 
built  after  the  model  jiut  deacribed ;  and  sach  were 
the  eariiett  edifices  dedicated  to  Christian  worship, 
which^  with  their  original  designation,  continue  to 
this  day,  bein^  still  called  at  Rome  batUiche.  A 
Christian  basilica  consisted  of  four  principal  parts  : 
—  1.  np6¥aos,  the  Testibole  of  entrance.  2.  Novs, 
navia,  and  sometimes  gnmiMm^  the  nave  or  centre 
aisle,  which  was  divided  from  the  two  side  ones  by 
a  row  of  oolunms  on  each  of  its  sides.  Here  the 
people  assembled  for  the  purposes  of  worship.  3. 
Afiiwp  (from  ira^afrcu^,  to  ascend),  ekormt  (the 
choir),  and  mtffpetium^  a  part  of  the  lower  extremity 
of  the  nave  raised  above  the  general  level  of  the 
floor  by  a  flight  of  steps.  4.  'Uparciot',  UfAp 
finfJMy  tanduarimm^  which  answered  to  the  tribune 
of  the  ancient  basilica.  In  tbo  centre  of  this 
sanctuary  was  placed  the  high  altar,  under  a  taber- 
nacle or  canopy,  such  as  still  remains  in  the  basilica 
of  St  John  of  Lateran,  at  Rome,  at  which  the 
priest  officiated  with  his  face  turned  towards  the 
people.  Around  this  altar,  and  in  the  wings  of  the 
sanctuarium,  were  seats  for  the  assistant  clei^*, 
wiih  an  elevated  chair  for  the  bishop  at  the  bottom 
of  the  circle  in  the  centre.  (Tkeatr.  BcuU.  Pimm. 
cun  Josep.  Marl.  Canon,  iil  p.  8  ;  Ciampi  Vei. 
Afen,  I'll  etDe  Saor,  Ed.  ;  Stieglitx,  Arckdol.  d, 
Bauhuut^  vol.  iii  pp.  19,  &.c  \  Hirt  f^re  d.  G^- 
baude,  pp.  180,  &c  ;  Bunsen,  Die  Batiliken  dn 
CkristHekeH  Romt,  Munich,  1844.)         [A.  R.] 

BASl'LICA.  About  ▲.  d.  876,  the  Greek 
emperor  Basilius,  the  Macedonian,  commenced 
this  work,  which  was  completed  by  his  son  Leo, 
the  philosopher,  who  reigned  fixmi  a.  d.  886  to 
911.  Before  the  reim  of  Basilius,  there  had  been 
several  Greek  transmtions  of  the  Pandect,  the 
Code,  and  the  Institutes  ;  but  there  was  no  autho- 
rised Greek  version  of  them.  The  numerous  Con- 
stitutions of  Justinian's  successors,  and  the  contra- 
dictory interpretations  of  the  jurists,  were  a  further 
reason  for  publishing  a  revised  Greek  text  under 
the  imperial  authority.  This  great  work  was 
called  'AyaxJiBapiru  tw¥  ToAcuwr  v6iu»v^  r^  4{i|- 
icoyrd$i§Axov,4  /Soo'iAiJc^f  (y^fiof)and  t&  /3a(riXifc^ 
It  was  revised  by  the  order  of  Constantinus  Por- 
phyrogenneta,  about  a.d.  945.  The  Basilica  com- 
prised the  Institutes,  Pandect,  Code,  the  NoyeUae, 
and  the  imperial  0)nBtitutions  subsequent  to  the 
time  of  Justinian,  in  sixty  books,  which  are  subdi- 
vided into  titles.  For  the  Institutes  the  paraphrase 
of  Thcophilus  was  used,  for  the  Digest  the  irAirot 
of  Stephanus,  and  the  commentary  of  Cyrillos  and 
of  an  anonymous  author,  for  the  Code  the  fcotr^ 
ie6lQS  of  Thalelaeus  and  the  work  of  Theodonis, 
and  for  the  Novellae,  except  the  168,  the  Summae 
of  Theodorus,  Athanasiua,  and  Philoxenus.  The 
publication  of  this  authorised  body  of  law  in  the 
Greek  language  led  to  the  gradual  disuse  of  the 
original  compilations  of  Justinian  in  the  East  But 
the  Roman  law  was  thus  more  firmly  established 
in  Eastern  Europe  and  Western  Asia,  where  it 
has  maintained  itself  among  the  Greek  population 
to  the  present  day. 

The  arrangement  of  the  matter  in  the  Basilica 
is  as  follows :  — All  the  matter  relating  to  a  given 
subject  is  selected  firom  the  Corpus  Juris ;  the 
extracts  from  the  Pandect  are  placed  first  under 
each  title,  then  the  constitutions  of  the  (>)de,  and 
next  in  order  the  provisions  contained  in  the  Insti- 
tutes and  the  Novellae,  which  confirm  or  complete 
the  provisions  of  the  Pandect    The  Basilica  does 


BAXA. 

not  contun  all  that  the  Oopaa  Jurw  eoDtains;  hat 
it  contains  numerous  fragmenta  of  the  opinions  of 
ancient  jurists,  and  of  imperial  CoDstitatkoia,  which 
are  not  in  the  0>rpas  Juris. 

The  Basilica  were  published,  with  a  Latin  ver- 
sion, by  Fabrot,  Paris,  1647,  aeTcn  Tola.  folio. 
Falwot  published  only  thirty-aix  booka  eomplete, 
and  six  others  incomplete :  the  other  books  were 
made  up  from  an  extract  from  the  Basilira  and  the 
Scholiasts.  Four  of  the  deficient  bodes  wereafker- 
waids  found  m  MS.,  and  published  by  Gerhard 
Meerman,  with  a  tisiiislation  by  AC  Otto  Reitz,  in 
the  fifth  volume  of  his  Thesauma  Jnria  Civilis  et 
(^onici ;  and  they  were  also  publiahed  aeparately 
in  London,  in  1765,  folio,  as  a  sapplement  to 
Fabrot's  edition.  A  new  ditScal  edition,  by 
C.  GuiL  E.  Heimbach,  Leipcig^  1833,  &c,  4to^ 
has  been  commenced.  (BSdung,  /■ri'iYirfirsiew,  voL 
L  p.  105.) 

BASTERN  A,  a  kmd  of  Utter  Oaolioa)  in  which 
women  were  carried  in  the  time  o^the  Roman  em- 
perors. It  appears  to  have  nsembled  the  leetics 
[Lbctica]  very  closely  ;  and  the  only  difoence 
apparently  was,  that  the  leetica  was  carried  by 
slaves,  and  the  bastema  by  two  iniilea.  Several 
etymologieB  of  the  word  have  been  proposed.  Sal- 
masins  supposes  it  to  be  derived  from  the  Greek 
finrrdCm{^,eXnLadJjMitprid,Hdiog.2\y.  A  de- 
scription  of  a  bastema  is  given  by  a  poet  in  the 
AntkLoLnl  183. 

BAXA,  or  BAXEA,  a  sandal  nude  of  vege- 
table leaves,  tvriigs,  or  fibres.    AcGording  to  Isidore 
(Oriff.  zix.  33),  this  kind  of  sandal  was  won  on 
the  stage  by  comic,  whilst  the  oothuxnus  was  ap- 
propriate to  tragic  acton.     When,  therefore,  one  of 
the  chaiacters  in  Plantus  (Men.  iL  3.  40)  sap, 
Qtu  extergwtwr  baaaef  we  may  suppose  him  to 
point  to  the  sandals  on  his  feet     Philosophen  also 
wore  sandals  of  this  description,  at  least  in  the 
time  of  Tertullian  (De  Pallio^  4)  and  Appnleios 
{Met.  ii  and  xL),  and  probably  for  the  sake  of  sim- 
plicity and  cheapness.    Isidore  adds,  that  bazese 
were  made  of  willow  (es  so/ms),  and  that  they 
were  also  called  oalomet ;  and  he  thinks  that  the 
latter  term  was  derived  from  tile  Greek  icoAo^ 
wood.     From  numerous  specimens  of  them  dis- 
covered in  the  catacombs,  we  perceive  thst  the 
Egyptians  made  them  of  palm-leaves  and  papyrus 
(Wilkinson,  Mamien  and  Customs^  voL  iiL  p.  336.) 
They  are  sometimes  observable  on   the  feet  of 
Egyptian  statues.    According  to  Herodotus,  am- 
dals  of  papvrus  {Oro^fwra  3<^A.tra,  iL  37)  were 
a  part  of  tne  required  and  characteristic  dress  of 
the  Egyptian  priests.     We  may  presume  that  be 
intended  his  words  to  include  not  only  sandals 
made,  strictly  speaking,  of  papyrus,  but  those  sJbo 
in  which  the  leaves  of  the  date^pdm  were  an  in- 
gredient, and  of  which  Appuleius  makes  distinct 
mention,  when  he  describes  a  young  priest  covered 
with  a  linen  sheet  and  wearing  sandals  of  palip 
(Hnteu  amiaUis  intectum^  podetqw  palmeit  haxeis 
indtUunij  Met.  ii).     The  accompanying  woodcut 
shows  two  sandals  exactly  answering  to  this  de- 
scription, from  the  collection  in  the  British  Museani. 
The  upper  one  was  worn  on  the  right  foot    U  1»* 
a  loop  on  the  right  side  for  fastening  the  band 
which  went  across  the  instep.    This  band,  together 
with  the  ligature  connected  with  it,  which  was  in- 
serted between  the  great  and  the  second  toe,  i» 
made  of  the  stem  of  the  papyrus,  undivided  and 
unwrought«    The  lower  figure  shows  a  sandal  in 


BENDIDEIA. 

vfcidt  dtf  portions  of  the  palm-leaf  nt  intedaced 
'wish  gicat  nwrtitrw  and  regularity,  the  sewing  and 
»BdiBg  bciog  effected  bj  fibres  of  papyms.  The 
twee  Met  may  be  oboenred  for  the  pasoage  of  the 
bead  aad  ligslnre  already  mentioDed.        [J.  Y.] 


BENEFICIUBI 


201 


BEBAIO'SEOS  DIKE'  (fi^eau^tms  ZUcri), 
>B  action  to  compel  the  yendor  to  make  a  good 
thfe,  was  had  leoooiae  to  irhen  the  right  or  pos- 
aeauo  of  the  purchaser  was  impugned  or  disturbed 
by  a  third  person.  A  claimant  under  these  dr- 
comslaiioes,  unless  the  present  owner  were  inclined 
to  fi^t  the  battle  himself  {alrroftaxtiyy,  was  re- 
imed  to  the  vendor  as  the  proper  defendamt  in  the 
caase  (c»  s-ptti%itt  iofdytuf).  If  the  Tendor  were 
tbes  uowiDing  to  appear,  the  action  in  question 
n  the  l^gal  remedy  against  him,  and  might  be 
nwcted  to  by  the  purchaser  even  when  the  eaixiest 
och*  had  been  paid.  (Harpocmt  «.  v.  AirroftaxuPi 
^t^aimnsJ)  From  ^e  passe^ea  in  the  omtion  of 
DecHMtheBes  ag^usst  Pantaenetns  that  bear  upon 
t^  subject,  it  tt  eoodudcd  by  Heraldos  {Animad, 
n  So&k  IT.  3.  6)  that  the  liability  to  be  so  called 
B{MD  waa  inherent  in  the  character  of  a  rendor, 
ud  therefore  not  the  subject  of  specific  wananty 
a  coTcnants  for  titles  The  oame  critic  also  con- 
dodes,  fiom  the  glosses  of  Hesychius  and  Suidas, 
tbat  this  action  might  in  like  manner  be  brought 
aeaiost  a  ftaadulent  mortgager.  (Afdmad.  «a  StUm. 
IT.  3l  in  fin.)  If  the  daimant  had  established  his 
right,  aad  been  by  the  decision  of  the  dicasts  put  in 
^al  pnsocesien  4^  the  property,  whether  movable 
or  echennse,  aa  appean  from  the  case  in  the 
ipeech  against  Pantaenetus,  the  ejected  purchaser 
vao  entitled  to  sue  for  reimbursement  from  the 
ymdoT  by  the  action  in  question.  (Pollux,  TiiL 
C)  The  cause  is  classed  by  Meier  {Att.  Proeesa, 
p.  526)  smong  the  Sticeu  wp6s  rufo^  or  ciril  actions 
that  Sdl  witain  the  rngniwrncfi  of  the  thesmo- 
theiae,  [J.  S.  M.] 

BEMA  (/9%<a),  the  olatfonn  from  which  the 
fsaion  gpoke  in  the  Atnenian  itcKXriirUzy  is  de- 
Kiihed  under  EccuBsiA.  It  is  used  by  the  Greek 
vriten  on  Roman  afifairs  to  indicate  the  Roman 
tnbsBsL     (See  e.  ^.  Plut.  Pan^  41.) 

BENDIDEIA  (B€i«iScia),  a  festival  oelebmted 
is  the  port  town  of  Peicaeeus  in  honour  of  Bendis, 
a  Tbacian  divinity,  whose  worship  seems  to  have 
\*xn  intzodnced  into  Attica  about  the  time  of 
Socxatea,  for  Plato  (De  Be  PvU.  imt)  introduces 
Socrates  giving  an  opinion  on  the  Bendideia,  and 
BTing  that  it  was  then  celebrated  for  the  fiist 
tiae:  It  was  celebrated  on  the  20th,  or  according 
to  otker^  on  the  i9th  of  Thaigelion.  (Schol.  ad 
PiaL  R^mh,  i.  p.  354 ;  Produs,  ad  PlaL  Tim, 
ppi  :>— 27.)    The  fostival  resembled,  in  its  cha- 


racter, those  celebrated  in  honour  of  Dionysus 
(StraK  z.  p.  470),  though  PUto  (/.  e,  a  354)  men- 
tions  only  feasting ;  but  the  principal  solemnities 
seem  to  have  consisted  in  a  procession  held  by  the 
Thiacians  settled  in  Peirseeos,  and  another  held 
by  the  Peiiaeans  themselves,  which,  according  to 
Pkto  {De  Rb  PubL  init.),  were  held  with  great 
decorum  and  propriety,  and  a  torch  race  on  horse- 
back in  the  evening.  The  Athenians  identified 
Bendis  with  their  own  Artemis  (Hesych.  «.  r. 
B4p9is\  but  the  temple  of  Bendis  (BtpMtuif)  at 
Peiraeens  was  near  that  of  Artemis,  whence  it  is 
clear  that  the  two  divinities  must  have  been  dis- 
tinct. (Xenoph.  HtUeiu  ii  4.  §  1 1 ;  comp.  Liv. 
xjucviiL  41 ;  Ruhnken,  ad  Tim.  Gkm,  p.  62 ;  Clin- 
ton, F.  H.  voL  ii  pb  402,  3d  edit.)  [L.  8.1 
BENEFICIUM  ABSTINENDI.  [Hsebs.] 
BENEFI'CIUM,BENEFICIA'RIUS.  The 
word  benefidum  is  equivalent  to  feodum  or  fie^  in 
the  writem  on  the  feudal  law,  aad  is  an  interest 
in  land,  or  things  inseparable  from  the  land,  or 
thmgs  immovable.  {Fwd.  libw  2.  tit  1.)  The 
benefidarius  is  he  who  has  a  bcaieficium.  The 
word  beneficium  often  occurs  in  Frepch  historical 
documents  from  the  fifth  to  the  ninth  century,  and 
denotes  the  nme  condition  of  landed  property, 
which  at  the  end  of  the  ninth  century  is  denoted 
by  feodum.  From  the  end  of  the  ninth  century  the 
two  words  are  often  used  indifierently.  (Guisot, 
Histoin  de  la  Cimlitaium  <n  Frantce^  vol.  iiL  p.  247.) 
The  term  bene£oe  is  also  applied  to  an  eodesiastical 
preferment.     (Ducange,  Glo$$.) 

The  term  benefidum  is  of  frequent  occunenoe  in 
the  Roman  hiw,  in  the  sense  of  some  special  privi- 
lege or  fiivour  granted  to  a  person  in  respect  of  age, 
sex,  or  condition.  But  the  word  was  sliso  used  in 
other  senses,  and  the  meaning  of  the  term,  as  it 
appears  in  the  feudal  law,  is  deariy  derivable  from 
the  signification  of  the  term  among  the  Romans  of 
the  later  republican  and  eariier  imperial  times.  In 
the  time  of  Cicero  it  was  usual  for  a  general,  or  a 
governor  of  a  province,  to  report  to  the  treasury  the 
names  of  those  under  his  command  who  had  done 
good  service  to  the  state:  those  who  were  included 
in  such  report  were  said  ta  ben^ieii$  ad  aerarium 
dtjerri,  (Cic.  Pro  Arth,  cB^  Ad  Fam,  v.  20,  and 
the  note  of  Manutius.)  It  was  required  by  a 
Lex  Julia  that  the  names  should  be  given  in  within 
thirty  days  after  the  accounts  of  the  general  or 
governor.  In  benefteOt  in  these  paisages  may  mean 
that  the  persons  so  reported  were  considered  as 
persons  who  had  deserved  well  of  the  state,  and  so 
the  word  bM^dum  may  have  reference  to  the 
services  of  the  individuals ;  but  as  the  object  for 
which  their  services  were  reported,  was  the  benefit 
of  the  indiriduals,  it  seems  that  the  term  had  re- 
ference also  to  the  reward,  immediate  or  remote, 
obtained  for  their  services.  The  honours  and 
offices  of  the  Roman  state,  in  the  republican  period, 
were  called  the  beneficia  of  the  Populus  Romanus. 
Benefidum  also  signified  any  promotion  con- 
ferred on  or  grant  made  to  soldiers,  who  were 
thence  called  beneficiarii ;  this  practice  was  com* 
mon,  as  we  see  frotn  inscriptions  in  Gruter  (Ii  4, 
cxxx.  5),  in  some  of  which  the  word  benefidarius 
'is  represented  by  the  two  lettere  B.  F.  In  this 
sense  we  must  understand  the  passage  of  Caesar 
{De  BeU,  Civ.  ii  18)  when  he  speaks  of  the  magna 
beaefUia  and  the  magiiae  cHenteiae  of  Pompeius  in 
Citerior  Spain.  Beneficiarius  is  also  used  by- 
Caesar  (JDe  BelL  Civ.  i  75),  to  express  the  per- 


202 


BIBLIOTHECA. 


lOD  who  bad  reoeiyed  a  benefichim.  It  doei  not, 
however,  appear  from  then  paangea,  what  the 
beneficium  actually  was.  It  might  ht  any  kind 
of  honour,  or  special  exemption  from  serrice.  {De 
BdL  Cif>.  iii.  88 ;  Sueton.  Tib,  12  ;  Vegetins,  De 
Rb  MUHari^  ii.  7.) 

BeneficiarioB  is  opposed  hj  Festos  (s. «.)  to 
munifez,  in  the  sense  of  one  who  is  released  from 
military  service,  as  opposed  to  one  who  is  hound  to 
do  military  service. 

Grants  of  land,  and  other  things,  made  by  the 
Roman  emperofs,  were  called  beneficia,  and  were 
entered  in  a  book  called  Liber  Ben^idorum  (Hy- 
giniu,  De  Limitibtu  QmttU.  p.  193,  Goes.).  The 
secretary  or  clerk  who  kept  this  book  was  called 
a  oommentariie  hen^idorwn^  as  appears  from  an  in- 
scription in  Gruter  (dbczviii.  1.)  [G.  L.] 

BESTIA'RII  (bripioftdxoi\  persons  who  fbnght 
with  wild  beasts  in  the  games  of  the  circus. 
They  were  either  persons  who  fought  for  the  sake 
of  pay  (oaoforamentem),  and  who  were  allowed 
arms,  or  they  were  criminals,  who  were  nanally 
permitted  to  have  no  means  of  defence  against  the 
wild  beasts.  (Cic  pro  Seaet,  64 ;  Sen.  De  Bene/. 
IL  19,  Ep.  70 ;  TertuU.  ApoL  9.)  The  bestiam, 
who  fought  with  the  beasts  for  the  sake  of  pay, 
and  of  whom  there  were  great  numbers  in  the 
latter  days  of  the  rnmblic  and  under  the  empire, 
are  always  spoken  of  as  distinct  from  the  gladiators, 
who  fought  with  one  another.  (Cic  m  VaHn,  17; 
(»/  Qk.  jFV.  ii  6.  §  6.)  It  appears  that  there  were 
schools  in  Rome,  in  which  persons  were  trained  to 
fight  with  wild  beasts  (eeholae  beaiiartmi  or  bettia- 
riorum^  TertuIL  ApoL  35.) 

BIAION  DIKE'  ($udc»y  9iicii).  This  action 
might  be  brought  whenever  rapes  of  free  persons, 
or  the  illegal  and  forcible  seizure  of  property  of  any 
kind  were  the  subject  of  accusation  (Harpocrat.) ; 
and  we  learn  from  Demosthenes  (c.  Pantaem,  p.  976. 
11)  that  it  came  imder  the  jurisdiction  of  the 
Forty.  According  to  Plutarch  (Sohn^  23)  the  biw 
prescribed  that  ravishers  should  pay  a  fine  of  100 
drachmae ;  but  other  accounts  merely  state  gene- 
rally that  the  convict  was  mulcted  in  a  sum  equal 
to  twice  that  at  which  the  damages  were  laid 
(8(irX^y  T^y  fiKiHnv  d^iktip^  Lys.  De  Caede 
Eratottk.  p.  33 ;  Dem.  e.  Mid.  p.  528.  20 ;  Harpo- 
crat) ;  and  the  plaintiff  in  sucn  case  received  one 
half  of  the  fine  ;  and  the  state,  as  a  portT  medi- 
ately injured,  the  other.  To  reconcile  these  ac- 
counts Meier  (AU,  Proe,  p.  545)  supposes  the  rape 
to  have  been  estimated  by  law  at  100  drachmiue, 
and  that  the  plaintiff  fixed  the  damages  in  refer- 
ence to  other  injuries  simultaneous  with,  or  conse- 
quent upon,  the  perpetration  of  the  main  offence. 
With  respect  to  aggressions  upon  property,  the 
action  fitamp  is  to  be  distinguished  from  4^o6\ns^ 
in  that  the  former  implies  the  employment  of 
actual  violence,  the  latter  merely  such  detention  of 
property  as  amounted  to  violence  in  the  contempla- 
tion of  law  (Meier,  AtL  Proe.  p.  546),  as  for  in- 
stance the  nonpayment  of  damages,  and  the  like, 
to  the  suocessnil  litigant  after  an  award  in  his 
fhvour  by  a  court  of  justice.  (Dem.  o.  Mid,  540. 
24.)  [J.S.M.] 

BI'BASIS  (i5f««r«).     [Saltatio.] 

BIBLIOPO'LA.     [LiBBR.] 

BIBLIOTHE'CA  Oi^Xio^mi,  or  inroHxri 
fii€Xi»p\  primarily,  the  place  where  a  collection 
of  books  was  kept;  secondarily,  the  collection 
itiel£    (Fettoi,  i. «.}    Little  as  the  states  of  an- 


BIBLIOTHECA. 

tiqnity  dealt  with  the  mstruction  of  the  people^ 
public  collections  of  books  appear  to  hare    t^^ 
veiy  ancient    That  of  Peisistratus  waa  inteDdca 
for  public  use  (Gell.  vi  17 ;  Athen.  L  pw  3>  ;    a4 
was  subsequently  removed  to  Persia  by  Xerxea^ 
About  die  same  time,  Polycratea,  tyrant  of  Savncw*, 
is  said  to  have  founded  a  Ubiaiy.    In  the    beet 
days  of  Athens,  even  private  persons  had  largei 
collections  of  books ;  the  most  importaat  of  which 
we  know  any  thing,  belonged  to  Eudid,  Euri^dea« 
and  Aristotle.     Strabo  says  (xiii  1)  that  Aristotle 
was  the  first  who,  to  his  knowledge,  made  a  col- 
lection of  books,  and  taught  the  Egyptian  kinga 
the  arrangement  of  a  library.    The  most  important 
and  splendid  public  libraiy  of  antiquity  was  that 
founded  by  the  Ptolemies  at  Alexandzia,  be^gim 
under  Ptolemy  Soter,  but  increased  and  re-amoiged 
in  an  orderly  and  systematic  manner  by  Ptolexny 
Philadelphus,  who  aiso  appointed  a  fixed  libcariaii 
and  otherwise  provided  for  the  usefulness  of  the 
institution.     The  libraiy  of  the  Ptolenuea   con* 
tamed,  according  to  A.  Gellius  (vi.  17>«  700,000 
volumes ;  aoeordOng  to  Josephns,  500,000 ;  and  ac- 
cording to  Seneca  (De  Tnmq.  An,  9),  400,000. 
The  different  reckoning  of  different  authors  may 
be  in  some  measure,  perhaps,  reconciled  bj  sop> 
posing  that  they  give  the  number  of  books  onl^r  in 
a  part  of  the  libraiy ;  for  it  consisted  of  two  pctrtSy 
one  in  the  quarter  of  the  city  called  Bracheioii, 
the  other  in  the  part  called  Serapeion.     Ptolem  j 
PhiUuielphus  bought  Aristotle's  collectian  to  add 
to  the  library,  and  Ptolemy  Eueigetes  cootinned 
to  add  to  the  stock.    A  great  part  of  thia  apleiidid 
library  was  consumed  by  fire  in  the   siege  of 
Alexandria  by  Julius  Caesar :  some  writers   saj 
that  the  whole  was  burnt;  but  the  diacrepancj 
in  the  numben  stated  above  seems  to  confiim  the 
opinion  that  the  fire  did  not  extend  so  fiir.     At 
any  rate,    the  library  was    soon  restored,   and 
continued  in  a  flourishing  condition  till  it  waa  de- 
stroyed by  the  Arabs  a.  d.  640.    (See  Gibboo, 
c51.)     Connected  with  the  greater  division   of 
the  library,  in  the  quarter  of  Alexandria  called 
Brucheion,  was  a  sort  of  college  to  which  the  name 
of  Mouseion  (or  Museum)  was  given.    Here  many 
favoured  literati  pursfted  their  studies,  transcribed 
books,  and  so  forth ;  lectures  also  were  delivered. 
The  Ptolemies  were  not  long  without  a  rival  in 
seal.  Eumenes,  king  of  Pergamus,  became  a  patron 
of  literature  and  we  sciences,  and  established  a 
libraiy,  which,  in  spite  of  the  prohibition  against 
exporting  papyrus  issued  by  Ptolemy,  jealous  of 
his  success,  became  very  extensive,  and  perhapa 
next  in  importance  to  the  library  of  Alc»mdruL 
It  remained,  and  probably  continued  to  increase, 
till  Antonius  made    it  a  present  to  Cleopatra. 
(Plut  AtUoH.  5&) 

The  first  public  library  in  Rome  was  that 
founded  by  Asinius  Pollio  (Plin.  H.  N.  viL  30  ; 
Isid.  Orig,  vl  5),  and  was  in  the  atrium  Libertatis 
on  Mount  Aventine.  Julius  Oaesar  had  projected 
a  grand  Greek  and  Latin  library,  and  had  omi- 
missioned  Varro  to  take  measures  for  the  establish- 
ment of  it ;  but  the  scheme  was  prevented  by  his 
death.  (Suet  JuL  44.)  The  Ubraiy  of  Pollio 
was  followed  by  that  of  Augustus  in  the  temple 
of  Apollo  on  the  Mount  Palatine  (3ueL  A^f,  29  ; 
Dion  Cass.  liiL  1),  and  another,  bibliothecae  Oo> 
tavianae  (so  called  from  Augustus^  sister  OctaviaX 
forming  part  of  the  Porticus  Octavia.  (Dion  Om, 
xlix.  43;  Plut  ManfilL  30.)     There  were  also 


BIDEMTAL. 

EloriM  an  tis  tmpM  (SoeL  ZXnm.  20),  in  the 
fiEBpfe  «r  PcHs  (GelL  xvi  8),  in  the  palace  of 
Hhenw  (GriL  xSL  18),  bendei  the  Ulpian  lifanuy, 
vhich  vaa  the  neat  fiunooa,  fioimded  by  Tiajan 
(GdL  JO.  17  ;INonGttiLlzTiiL  16),  called  Ulpian 
km  his  ova  naaMi,  Ulpina.  Thit  libnry  waa 
atiadMd  hj  Diodetian,  as  an  onwiaen^  ts  his 
tbaase.     (Ysincu  iVtiA.  2L) 

PriwtecallecriBMefheoks  were  made  at  Reaie 
■Boa  after  Ae  aaeond  Poaie  waz.  The  aeal  of 
Cioaa,  Atacna,  and  oum  m  utcrcaaa^  their 
fifanria  is  vdU  knmm.  (Cic  Ad  AtL  i  7,  10, 
iT,S',Ad  QamL  Fr.  vL  4.)  The  libzary  of  La- 
coOia  «aa  Tciy  eztennte,  and  he  allowed  the 
peUiefiree  aoccaa  to  it.  (Phit.  XaaifiL  42.)  To- 
wards  the  end  of  the  repnhUe  it  becsme,  in  fiwi, 
Hsm  fadiioB  to  have  a  ivmud  ekgandy  fiixnished  as 
a  Efaniy,  mad  wiasf  ad  tax  that  ]Miipoe&  However 
^onnt  or  imatBdioas  a  penon  migfat  be,  it  was 
faihwwahir  to  appear  leaned  bj  having  a  Hbnuy, 
tibo^  he  miiglit  never  even  leaid  the  tides  of  the 
bodca.  Seneca  (Z>s  Tram^  A*.  9)  condemns  the 
c^e  far  ncre  book-eollectin^  and  nllies  those  who 
voe  BHre  plenacrt  ^nlh  the  outside  than  the  in- 
mkt,  Looaa  wrote  a  sepazate  piece  to  expose 
thit  eoBDBDii  kSkj  («p^  kmmUvrw  iral  woAAii 

A  EfancT'  generally  had  an  eastern  aspect. 
(Vitniv.  vl  7.)  In  Hercnlanevm  a  Hbnury  folly 
I  diacoveied.  Roond  the  walls  it  had 
:  the  books  in  rolls  [Libbr]  ;  theie 
It  was  a  vecy  small  room ; 
I  a  person  by  stretching  oat  his  aims 
cosU  tooeh  both  sides  of  it.      The 


caOed  either  armaria  (Plin.  Ep.  ii  17  ;  Vopisc. 
r<MiL  8),  or  foes/gaiertiB  (Seneca,  Db  Tnmq,  An, 
91,  oryWuK  (Jnv.  SaL  iii  219),  or  mdi  (Mart  i 
118.  l£i,  vii  17.  6).  Asinias  PoUio  had  set  the 
fiaikioB  in  bis  pablic  Hbnuy  of  adonmig  the  room 
vkb  the  portnita  and  basts  of  eelebiated  men,  as 
vefl  as  siateea  of  Jtfinerva  and  the  Mnsesw  This 
oanple  was  aoon  followed  in  the  private  labraries 
•f  the  rich.  (Jut.  iii.  219 ;  Plin.  Ep,  iiL  7,  iv. 
28;  Gc.  ad  P^m.  Tii  23;  Plin.  J7.  N.  xxxv.  2; 
Saet  Tttu  70  ;  Mart.  ix.  J^.  ad  Twrxm, ;  Lipsios, 
Dt  BUioAeeiw  j^fty  ma,  in  Opera,  voL  iiL ;  Becker, 
Gdbi,  voL  i  pi  160,  &C.)  [A.  A.] 

BICOS  O^t),  the  name  of  an  earthen  vessel 
k  ccamaon  use  amoqg  the  Greeks.  (PoUuz,  vi 
14,  vii  162,  z.  73.)  Hesychins  (a.  v.)  defines  it 
u  s  ardpmms  with  bandies.  It  was  used  for 
hoUng  wine  (Xen.  Amab.  I  9.  §25),  and  salted 
not  and  fiah.  (Athen.  iii  pi  1 16,  £)  Herodotos 
Q.  194)  speaks  of  fibtmn  ^oumaftws  Kordymfffi 
Am  vXcovs,  which  some  commentators  interpret 
bj  **  weeds  nmde  of  the  wood  of  the  palm  tree  full 
of  vine.*  Bat  as  Eostathxas  (ta  Oi.  p.  1445) 
ipesks  of  o&ov  ^eoruttrov  /Smeos,  we  ooffht  pro- 
kUy  to  nad  in  Herodotos  fiUotn  ^truerflw^  a.  r. 
^'^  vends  fall  of  pafan  wise.** 

BIDEN&     [RASTRirif.] 

BIDENTAL^  the  name  given  to  a  place  where 
saj-one  had  been  stnick  by  lightning  (Festns, 
L  e.>UraneMi»),  or  where  any  one  had  been  killed 
hf  lightning  and  buried.  Sack  a  place  was  con- 
adoed  BBcred.  Priests,  who  were  called  biden- 
nks  {It,  maeetdoU9\  collected  the  earth  which 
hd  been  totn  np  by  the  lightnii^  and  everything 
tkat  bd  been  aeordied,  and  bomt  it  in  the  ground 
wak  a  sonowfol  murmui;  (Lacan,  i  606.)  The 
( pciest  was  said  amdere/iilgtir  (Juv^Sot 


BLABSS  DIKE.  ^S 

vi.  587 ;  eonpare  OreUi,  Inwer.  voL  L  pi  431.  No. 
2482);  he  further  oonsecmted  the  spot  I7  sacri- 
6aDg  a  two-year-old  sheep  ihidm§\  whence  the 
name  of  the  place  and  of  the  priest,  and  also 
ereded  an  altar,  and  sarrounded  it  with  a  wall  or 
fence.  It  was  not  aUowable  to  trsad  on  the  pkwe 
(Persins,  iL  27),  or  to  touch  it,  or  even  to  look  at 
it.  (Annn.  Mwe.  xziii  5.)  Sumetisses  a  bidental 
which  bad  nsariy  feUen  to  decsj  from  lei^  of 
tiaw  was  nstsnd  and  leneiatod  (OnOi,  /«er. 
Noi  3483) ;  bnt  to  leasove  the  bounds  of  one 
(aioMrv  MdflataOt  or  in  any  way  to  violate  ita 
saoed  precincts,  was  considered  as  sacrikae.  (Hor. 
Art  PoeL  471.)  From  the  passage  m  HooMe,  il 
appears  to  have  been  believed  that  a  penon  whs 
was  guilty  of  prafiuung  a  bidental,  wonld  be  pa- 
nished  by  the  gods  wiUi  frensy ;  and  Seneca  {NaL 
QaaeaL  il  58)  mentions  another  belief  of  a  similar 
kind,  that  wine  which  had  been  stnick  by  lightnii^ 
would  pnduoe  in  anr  one  who  diank  it  death  or 
madness.  Persons  who  had  been  struck  by  light- 
ning {/mtgmriii)  were  not  removed,  but  were  buried 
on  the  spot  (Potl  6W.  ii  27 ;  Plin.  H,  M 
ii  54 ;  Hartung,  Bdtgkm  dtr  Romtr^  vol  ii  pi 
13.)  (A.  A.] 

BIDIAEI  (/3i8iaZM),  called  in  inscriptions 
fii^w,  or  i9(8uoi,  were  magistrates  in  Spirta,  whose 
business  was  to  inspect  the  gymnastie  ezereises^ 
Their  house  of  meeting  (i^uw)  was  in  the 
market-place.  (Pans,  iii  11.  f  2.)  They  were 
either  five  (Pans,  le.)  or  aiz  in  number  (BSckh, 
Corp.  Inaorip.  nr.  1271.  1364),  and  had  a  uresi- 
dent  who  is  called  in  inscriptiims  'rp4cfvt  fiMw^, 
(Bdckh,  Cbfp.  Inaar^.  vol  L  pi  611.)  BSckh  con- 
jeetores  that  0l9€oi  or  fii9v9t  is  the  Laconian  form 
fiir  tdvei  or  f (Svoi,  and  signifies  witnesses  and 
judges  among  the  youth.  (Comp.  Miiller,  Doriami^ 
ui  7.  §  8.)  Yalckenaer  (ad  Herod,  vi  57)  sup- 
poses  that  the  bidiaei  were  the  same  aa  the  iwft*- 
f6Keuc€s ;  but  the  inacriptions  given  by  Bdckh 
ahow  that  the  bidiaei  and  yofio^OKaicMS  were  two 
separate  clsssos  of  officen. 

BIOA  or  BIGAK    [Cuanufl.] 

BIOA'TUa    [DsNAUua.] 

BIPA'LIUM.    [Paijl] 

BIPENNIS.    [Sicuau.] 

BIREMia    [Navi&J 

BIRRUS  {fiifih*\  n  cape  or  hood,  which  was 
worn  out  of  doors  over  the  shoulder^  and  was 
sometimes  elevated  so  as  to  cover  the  head.  On  the 
finner  aocoont  it  is  classed  by  an  ancient  rnim- 
marian  with  the  laeemOf  and  on  the  latter  wi&  the 
cowl,  or  ataUluB.  It  had  a  long  nap,  which  was 
commonly  of  sheepli  wool,  more  rarely  of  beaver^ 
wooL  It  probably  derived  its  name  frDm  the  red 
colour  (ir^^f  )  of  the  wool  of  which  it  was  made. 
It  is  only  mentioned  by  the  later  writers.  (Vopisc; 
Cansu  20 ;  Claudian,  Epi^r.  37.) 

BISE'LLIUM.    [Sblla.] 

BISSEXTUM.    [Calbndarivm.] 

BLABES  DIKE' (/9Ai«i9s  Stmi).  This  actioa 
was  available  in  all  cases  in  which  one  penon  had 
sustained  a  loss  by  the  conduct  of  another ;  and 
firam  the  instences  that  are  extant,  it  seems  that 
whether  the  injury  originated  in  a  finilt  of  omission 
or  oommission,  or  unpaired  the  actual  fiurtune  of  the 
plaintiff,  or  hif  prospective  advantage^  the  actioa 
would  lie,  and  might  be  mamtained,  against  the 
defendant  It  is  of  course  impossible  to  enumerate 
aU  the  particular  casea  upon  which  it  would  arise, 
but  the  two  great  dassos  into  which  fiKd/Sai  may 


204 


BOEOTARCHES. 


be  divided  are  the  M^vftoi  and  the  tiBtiTfioi,  The 
fint  of  these  wUl  include  all  causes  arising  from 
the  nonfiilfilment  of  a  contract  to  which  a  penal 
bond  was  annexed,  and  those  in  which  the  law 
specified  the  penaltjr  to  be  paid  bj  the  defendant 
upon  cooTiction ;  the  second,  all  injuries  of  property 
which  the  law  did  not  specify  nominatim,  but 
generally  directed  to  be  punished  by  a  fine  equal 
to  twice  the  estimated  damage  if  the  offence  was 
intentional,  if  otherwise  by  a  bare  compensation. 
(Meier,  Att.  Proe.  p.  188,  &&,  p.  475,  &c. ;  Dem. 
«.  Mid,  p.  528.)  Besides  the  general  word  fiXdSriSy 
others  more  specific,  as  to  the  nature  of  the  case, 
are  frequently  added  to  the  names  of  actions  of 
this  kind,  as  iu^fKar69Mf,  r€Tp€ar6iaMfy  fteroAXxir^, 
and  the  like.  The  decbmtion  of  the  plaintiff 
seems  always  to  haye  begun  with  the  words 
"£€^00^9  /M,  then  came  the  name  of  the  defendant, 
and  next  a  description  of  the  injury,  as  oOk  itroiiliohs 
ifjuA.  rh  Apy^ptoy  in  Demosthenes  (Pro  Pkorm. 
p.  950.  21).  The  proper  coiut  was  determined 
by  the  subject  of  litigation  ;  and  when  we  con- 
aider  that  the  damage  done  by  Philocleon  to  the 
cake-woman*s  basket  (Aristoph.  Vetp.),  and  sup- 
posititious testimony  given  in  die  name  of  another, 
thereby  rendering  such  person  liable  to  an  action, 
y^9v9ofjLaprvpunf  (Dem.  c.  Apkob.  iii.  p.  849.  20), 
were  equally  fikii€cu  at  Attic  law,  the  variety  of 
the  actions,  and  consequently  of  the  jurisdictions 
under  which  they  fell,  will  be  a  sufficient  excuse 
fi>r  the  absence  of  further  specification  upon  this 
point  [J.  S.  M.] 

BOEDRO'MIA  (0<niBp6/ua),  a  festival  cele- 
brated  at  Athens  on  the  seventh  day  of  the  month 
of  Bogdromion,  in  honour  of  Apollo  Boedromius. 
(MUller,  i)or.  ii.  8.  §5.)  The  name  BoWromius, 
by  which  ApoUo  was  called  in  Boeotia  and  other 
parU  of  Greece  (Pans.  ix.  17.  §  1  ;  Callimach. 
Hymn.  ApolL  69),  seems  to  indicate  that  by  this 
festival  he  was  honoured  as  a  martial  god,  who 
either  by  his  actual  presence  or  by  his  oracles 
afforded  assistance  in  the  dangers  of  war.  The 
origin  of  the  festival  is,  however,  traced  by  dif- 
ferent authors  to  different  events  in  Grecian  story. 
Plutarch  (7%m.  27)  says  that  Theseus,  in  his  war 
against  the  Amazons,  did  not  give  battle  till  after 
he  had  offered  a  sacrifice  to  Pnobos  ;  and,  that  in 
commemoration  of  Uie  successful  battle  which  took 
place  in  the  month  of  Bo<{dromion,  the  Athenians, 
down  to  his  own  time,  continued  to  celebrate  the 
festi\al  of  the  BoSdromia.  According  to  Suidas, 
the  Etymol.  Magn.  and  Euripides  (/on.  59),  the 
festival  derived  its  name  and  origin  from  the  cir- 
cumstance that  when,  in  the  reign  of  Erechtheus, 
the  Athenians  were  attacked  by  Eumolpus,  Xuthus 
or  (according  to  Philochorus  in  Haxpocration,  t.  v.) 
his  son  Ion  came  to  their  assistance,  and  procured 
them  the  victory.  Respecting  the  particulars  of 
this  festival  nothing  is  known  except  that  sacrifices 
were  offered  to  Artemis.  (Comp.  Spanheim,  ad 
CaUim,Hymn.mApoU.69,)  [L.S.] 

BOEOTARCHES  {Boim-dpx^s,  or  Bourrdp- 
X^O*  It  i>  proposed  under  this  head  to  give  a  brief 
account  of  the  Boeotian  constitution  as  well  as  of 
the  Boeotarehs. 

The  Boeotians  in  andent  times  occupied  Ame 
in  Thessaly.  (Thuc.  L  12.)  Sixty  years  after 
the  taking  of  Troy  they  were  expelled  by  the  Thes- 
salians,  and  settled  in  the  countey  then  called  Cad- 
meis,  but  afterwards  Boeotia.  This  country,  during 
their  occupation  of  it,  was  divided  into  several 


BOEOTARCHES. 

states,  ooctaming  each  a  prindpaT  citj,  with  ii 
^uifTt\us  or  ivfifiopoi  (inhabitants  of  the  saia 
/ioljfw,  or  district)  living  around  it.  Of  thet 
greater  states,  with  dependent  teiritori«B^  then 
seem  to  have  been  in  former  times  fourteen,  — ) 
number  which  frequently  occurs  in  Boeotian  )e 
gends.  (Pans.  ix.  3.  i  4.)  The  names  are  dif 
ferently  given  by  different  writers  on  the  rabject 
we  know,  however,  for  certain  that  they  formed  i 
confederacy  called  the  Boeotian  league,  with  Thelie^ 
at  its  head,  the  dependences  of  which  cstj  fbrmetj 
about  a  third  part  of  the  whole  of  Boeotia.  Th«a4 
dependent  towns,  or  districts,  were  not  immedi^ 
ately  connected  with  the  national  confedency,  but 
with  the  neighbouring  chief  dty,  as  Cynoaoephalac 
was  with  Thebes.  In  fact,  they  were  obliged  tc 
furnish  troops  and  money,  to  make  np  the  con- 
tingent furnished  by  the  state  to  which  they  be- 
longed, to  the  general  confederacy.  (Arnold, 
ad  T%Me,  iv.  76.)  Of  the  independent  states  Tfau< 
cydides  (iv.  93)  mentions  seven  by  name  ;  and 
gives  us  reasons  for  concluding  that,  in  the  time  €f{ 
the  Peloponnesian  war  they  were  ten  or  twelre  in 
number,  Thebes  being  the  chiet  Plataem  liad 
withdrawn  frtnn  them,  and  placed  itself  mider  the 
protection  of  Athens  as  eariy  as  &  a  519  ;  and  in 
a  c.  374,  Thespiae,  another  member  of  the  league, 
was  destroyed  by  the  Thebans.  (Clinton,  i^.  //. 
vol.  iu  p.  396 ;  Thuc  iii  56.) 

Each  of  the  principal  towns  of  Boeotia  aeema  to 
have  had  its  fiovkii  and  >nfwr.    (Xen.  IfeiL  ▼.  2. 
§  29.)   The  PovX-fi  was  presided  over  by  an  archon, 
who  probably  had  succeeded  to  the  prieatly  func- 
tions of  the  old  kings  ;  but  possessed  little,  if  any, 
executive  authority.     The  polemarehs,    who,    in 
treaties  and  agreements  are  mentioned  next  to  the 
archon,  had  some  executive  authority,  bot  did  not 
command  forces  ;  e.ff,  they  could  imprison  (Xen. 
HelL  L  c),  and  they  directed  the  levies  of  troops 
But  besides  the  archon  of  each  separate  state,  there 
was  an  archon  of  the  ooniedeiacy — ^x*'^    ^^ 
Kot¥^  Botwrvy,  most  probably  always  a  Thefaan. 
( Bdckh,  Truer.  1593.)   His  name  was  affixed  to  all 
alliances  and  oompactB  which  ccmcemed  the  whole 
confederacy,  and  he  was  president  of  what  Thoer- 
dides  (▼.  38)  calls  the  four  councils,  who  directed 
the  af&irs  of  the  league  (Bnnof  rh  kvpot  I'x^*'*''')- 
On  important  questions  they  seem  to  have  been 
united  ;  for  the  same  author  speaks  of  them  as  4f 
/9ovX4,  and  informs  us  that  the  determinations  of 
the  Boeotarehs  required  the  ratification   of  this 
body  before  they  were  valid.    The  Boeotarehs 
themseWes  were  properly  the  military  heads  of  the 
confederacy,  chosen  by  the  different  states  ;  but  we 
also  find  them  discharging  the  functions  of  an  ex> 
ecutiye  in  various  matters.     In  fact,  they  are  re- 
presented by  Thucydides  (▼.  38)  as  forming  an 
alliance  with  foreign  states ;  as  receiving  ambassa- 
don  on  their  return  home ;  as  negotiating  with 
envoys  from  other  countries  ;  and  acting  as  the 
representatives  of  the  whole  league,  though  the 
^ovX4\  refused  to  sanction  the  measures  they  had 
resolved  on  in  the  particular  case  to  which  we  art 
now  alluding.     Another  instance  in  which  the 
Boeotarehs  appear  as  executive  is  their  interference 
with  Agesilaus,  on  his  embarking  nwn  Aulis  for 
Asia  (B.C.  396),  when  they  prevented  him  of- 
fermg  sacrifice  as  he  wished.  (Pint  Age$,  6 ;  Xen. 
HelL  iii  4.  §  4.)     Still  the  prindpal  duty  of  the 
Boeotarehs  was  of  a  military  nature:  thus  they  lod 
into  the  field  the  troops  of  their  respective  atatea ; 


BONA. 

^  wfcen  «t  kone,  ikey  took  wbateTer  measu 
vete  nqniste  to  fiarwd  tlie  militaij  opentions  of 
tbe  h^gne^  or  of  their  own  state :  for  example,  we 
lead  «f  one  of  the  Theban  Boeotarcfaa  ordering  the 
Thehana  to  cone  in  anna  to  the  eodeiia  for  the 
pazpoK  of  bemg  ready  to  attack  Phitaea.  (Pan& 
ix.  J.  f  S.)  Eadi  state  of  the  confBderacy  dected 
<ae  BoaofeBEch,  the  Thebans  two  (Thne.  xu  2,  It. 
SL,  TIL  30  ;  I>iod.  xr.  51)  ;  although  on  oneooca* 
BMo,  i, «.  after  the  letazn  of  the  exiles  with  Pelo- 
pidas  (&  c.  379),  we  nad  of  there  heinff  three  at 
I^^ea.  (PfaiL  /Vfap.  13).  The  tati  mmiber 
ham  the  whole  coofedeacy  noied  with  thenomber 
c#  thendcpendcnt  states.  Mention  is  made  of  the 
.nwtiinhB  hj  Thn^dides  (it.  91),  in  connection 
with  t^  battle  ot  Delinm  (b-c.  424).  There  is, 
huaevei,  a  difibRDoe  of  opinion  with  respect  to  his 
Beaai^  :  aoiBe  andetstaod  him  to  speak  of  eleren, 
aoBse  of  twelTf^  and  othen  of  thirteen  Boeotarchs. 
Dn  Afaold  is  disposed  to  adopt  the  last  nomber;  and 
wv  think  Uw  context  is  in  fieiToar  of  the  opinion 
that  there  were  then  thirteen  Boeotaichs,  so  that 
tbe  mnaber  of  free  states  was  twelve.  At  the  time 
of  the  battle  of  Leaetia  (&  c.  371),  we  find  seven 
BoeoiaMka  mealioned  (Died.  xr.  5*2, 53 ;  Pans.  ix. 
13l  §  3)  ;  en  another  occasion,  when  Greece  was 
iamded  by  the  Gaols  (b.  c  279),  we  read  of  four. 
Urj  (xIH.  43)  states  that  there  were  twelve,  but 
hefine  the  time  (x.  c.  171)  to  which  his  statement 
rsfai,  PlalSBS  had  been  reonited  to  the  league. 
&&31  the  nnmber  mentioned  in  any  ease  is  no  test 
•f  the  actaal  mnnbec,  inasmuch  as  we  are  not  sure 
that  aU  the  Boeotarehs  were  sait  out  by  their  re- 
spective states  on  every  expedition  or  to  every 


The  Beeotareha,  when  engaged  in  militaiy  ser- 
vice, homed  a  eooncil  of  war,  the  decisions  of  which 
W€R  detaRaiDed  bj  a  majority  of  votes,  the  pre- 
sdoKt  being  one  of  the  two  Theban  Boeotarchs 
wbo  oommaaded  altematdy.  (Thuc  iv.  91  ;  Diod. 
rr.51.)  Their  period  of  service  was  a  year,  be- 
giBomg  about  the  winter  solstice ;  and  whoever 
cntiBned  m  office  longer  than  his  time,  was  punish- 
tbfe  with  death  both  at  Thebes  and  in  otho*  cities 
(PfaiLPlaSap.24;Pana.ix.l4§S.)  Epomemondas 
sad  Pciopidaa  did  ao  en  their  invanon  of  Laoonia 
(a.  c  369),  but  their  eminent  services  nved  them  ; 
ia  &ct  the  jndgea  did  not  even  come  to  a  vote  re- 
ipectiag  the  Ibnner.  At  the  expiration  of  the  year 
a  Boeotaxdi  was  eligible  to  office  a  second  time,  and 
Pekipidaa  waa  repaOedlv  chosen.  From  the  case 
if  Ffsmpimmdaa  and  Pdopidas,  who  were  brought 
hefae  Theban  judges  (SueootoQ,  fiir  tnnsgression 
of  tke  law  wfaidi  limited  the  time  of  office,  we  may 
ooadade  that  etth  Boeofanch  was  responsible  to 
ktt  own  state  akHK,  and  not  to  the  genoal  body  of 
the  fiwr  eonnrna 

MfBtien  is  made  of  an  dection  of  Boeotarehs  by 
livy  (xxxiiL  27,  zliL  44).  He  fnrthei  inJbnns 
V  tliat  the  league  (eomdUmm)  was  broken  up  by 
tlie&anaaa  &a  171.  (Compare  Polyb.  xxviiL  2. 
ilO^ThBoisvrdrldref  awrcX^.)  Still  it  must 
kve  been  partially  revived,  as  we  are  told  of  a 
KCflod  brealdxig  up  by  the  Romans  sfter  the  de- 
■tnction  of  Corinth  &  a  146.  (Pans,  vil  16. 
§«.)  [R.W.J 

BOMBYCINUM.     [Sbbkuh.] 

BONA.  The  word  bona  is  sometimes  used  to 
expRss  the  whole  of  a  m8n'!B  property  (Panlus, 
Bfttefi,  StaiemL  T.  6,  16 ;  Dig.  37.  tit  1.  s.  3  ; 
50.titl6«  ib49);  and  in  the  phiaset  boi 


BONA.  ^5 

emtio,  eessto,  possessio,  nsosfrnctus,  the  woid 
**  bona  **  is  equivalent  to  property.  It  expresses 
all  that  a  man  has,  whether  as  owner  or  merely  as 
possessor ;  and  every  thmg  to  which  he  has  any 
right.  Bat  it  is  said  (Dig.  50.  tit  16.  s.88): 
**  Pnprie  bona  did  non  possiAit  quae  plus  inoom- 
modi  quam  oommodi  habent"  However,  the  use 
of  the  word  in  the  care  of  univetial  saceession 
comprehended  both  the  commodum  and  inoommo* 
dum  of  that  which  passed  to  the  univetial  soe- 
cessor.  But  the  word  bona  is  simply  tlie  property 
as  an  object ;  it  does  not  express  the  nature  of  the 
relation  between  it  and  the  pensn  who  has  the 
ownenhip  or  the  enjoyment  of  it,  any  more  th^g 
the  words  **all  that  I  have,**  *" all  that  I  am 
worth,"  **  all  my  property,"  m  English  show  the 
legal  rehition  of  a  man  to  that  which  he  thus  de- 
scribes. The  legal  expression  m  bomM,  as  opposed 
to  dominium,  or  Qmriiantm  oumenk^  and  the 
nature  of  the  distinction  will  be  easily  apprehended 
by  any  person  who  is  slightly  converMut  with 
^glish  law. 

**  There  is,**  says  Gains  (ii.  40),  **among  foreignen 
(peng^rim)  only  one  kmd  of  ownerdiip  (dommium\ 
so  that  a  man  is  either  the  owner  of  a  thing  or  he 
is  not  And  this  was  fonnerly  the  case  among  the 
Roman  people ;  for  a  man  was  either  owner  ex 
jure  Quiritium,  or  he  was  not  But  aflerwards  the 
ownenhip  was  split,  so  that  now  one  man  may  be 
the  owner  (dtrntims)  of  a  thing  ex  jure  Quiritium, 
and  yet  snother  may  have  it  in  bonis.  For  instance, 
ij^  in  the  case  of  a  res  mancipi,  I  do  not  transfer 
it  to  yon  by  mancipatio,  nor  by  the  form  in  jure 
cession  but  merely  deliver  it  to  yon,  the  thing  in« 
deed  becomes  your  thing  (in  batit)^  but  it  wilJ  re- 
main mine  ex  jure  Quirithun,  until  by  possession 
you  have  it  by  usucapion.  For  when  tae  usuca- 
pion is  once  complete,  from  that  time  it  begins  to 
be  yours  absdutely  ( plow  .^tre),  that  i%  it  is  yonn 
both  in  bonis  and  also  youn  ex  jure  Quiritium, 
just  as  if  it  had  been  mancipated  to  you,  or  tnma- 
fecxed  to  you  by  the  in  jure  cessio.**  In  this  pas- 
sage Gaius  refers  to  the  three  modes  of  acquiring 
property  which  were  the  peculiar  rights  of  Roman 
dtisens,  mancipatio,  in  jure  cessio^  and  usuaq>ioo, 
which  are  also  particuhurly  enumerated  by  him  in 
another  passage  (ii.  65). 

From  this  passage  it  appean  that  the  ownenhip 
of  certain  kinds  cH  things  among  the  Romans, 
called  res  mancipi  [MANciPii7if  ],  oould  only  be 
transferred  from  one  person  to  another  with  certain 
feimalities,  or  acquired  by  usucapion.  But  if  it 
was  dearly  the  intention  of  the  owner  to  transfer 
the  ownership,  and  the  neoessaiy  forms  only  were 
wanting,  the  purchaser  had  the  thing  in  bonis, 
and  he  had  the  enjoyment  of  it,  though  the  original 
owner  was  legailjf  the  owner  until  the  usuciq>ion 
was  completed, notwithstanding  he  had  parted  with 
the  thing. 

It  thus  appean  that  Qniritarian  ownenhip  of 
res  mandpi  originally  and  properiy  signified  that 
ownenhip  of  a  thing  which  the  Roman  law  ns 
cognised  as  such ;  it  did  not  express  a  compound 
but  a  simple  notion,  which  was  that  of  absolute 
ownenhip.  But  when  it  was  once  establi^ed 
that  one  man  might  have  the  Qniritarian  owner- 
ship, and  another  the  enjoyment,  and  the  sole 
right  to  the  enjoyment  of  the  same  thing,  the  com* 
plete  notion  of  Qniritarian  ownenhip  became  a 
notion  compounded  of  the  strict  legal  notion  of 
ownenhip,  and  that  of  the  right  to  enjoy,  as  united 


SOff 


BONA. 


in  the  aame  pencm.  And  as  a  man  mifflit  lutTe 
both  the  Qniritarian  ownership  and  the  right  to  the 
enjoyment  of  a  thing,  so  one  might  hare  the  Quiri> 
tarian  ownership  only,  and  another  might  hare  the 
enjoyment  of  it  only.  This  hare  ownership  was 
sometimes  expressed'  by  the  same  terms  (at  jwn 
Qmritium)  as  that  ownership  which  was  complete, 
bat  sometimes  it  was  appcopriatdy  called  nudum 
Ju»  Quintmm  (Gains,  iii.  100),  and  yet  the  person 
who  had  snch  bue  right  was  still  oiled  dommus, 
and  by  this  term  he  is  contrasted  with  the  utu- 
/ruetuarius  and  the  bonae  fidei  potteuor. 

The  historical  origin  of  this  notion,  of  the  sepa- 
ration of  the  ownership  from  the  right  to  enjoy  a 
thing,  is  not  known ;  bnt  it  may  be  easily  conjec- 
tured. When  nothing  was  wanting  to  the  transfer 
of  ownership  but  a  compliance  with  the  strict 
legal  form,  we  can  easily  conoeiTe  that  the  Roman 
jurists  would  soon  get  over  this  difficulty.  The 
strictness  of  the  old  legal  institutions  of  Rome 
was  gradually  relaxed  to  meet  the  wants  of  the 
people,  and  in  the  instance  already  mentioned,  the 
jurisdiction  of  the  praetor  supplied  the  defects  of 
the  law.  Thus,  that  interest  which  a  man  had 
acquired  in  a  tlung,  and  which  only  wanted  certain 
forms  to  make  it  Qniritarian  ownership,  was  pro- 
tected by  the  praetor.  The  praetor  could  not  give 
Qniritarian  ownership,  bnt  he  could  protect  a  man 
in  the  enjo3rmaat  of  a  thing —  he  could  maintain 
his  possession:  and  this  is  precisely  what  the 
praetor  did  with  respect  to  those  who  were  pos- 
sessors of  public  land ;  they  had  no  ownership,  but 
only  a  possession,  in  which  they  were  protected 
by  the  praetor**  interdict  [Aorariab  Lboes, 
p.  38.] 

That  which  was  in  bonis,  then,  was  that  kind  of 
interest  or  ownership  which  was  protected  by  the 
praetor,  which  interest  may  be  called  bonitarian  or 
beneficial  ownership,  as  opposed  to  Qniritarian  or 
bare  legal  ownership.  It  does  not  appear  that  the 
woid  dominium  is  STer  applied  to  such  bonitarian 
ownenhip  except  it  may  be  in  one  passage  of 
Ghiius  (i.  54),  the  explanation  of  which  is  not  firee 
from  difficulty. 

That  interest  called  in  bonis,  which  arose  from 
a  bare  tradition  of  a  res  mancipi,  was  protected  by 
the  exceptio,  and  the  actio  utilis  in  rem.  (Dig.  41. 
tit  1.  s.  52.)  Posseflsio  is  the  general  name  of  the 
interest  which  was  thus  protected.  The  person 
who  had  a  thing  in  bonis  and  ex  jnsta  caosa  was 
also  entitled  to  the  actio  Publiciana,  in  case  he 
bet  the  possession  of  the  thing  before  he  had 
gained  the  ownership  by  nsucapion.  (Gains,  ir. 
S6.) 

The  phrases  bonorum  poasessio,  bonomm  posses- 
sor, mi^t  then  apply  to  him  who  has  had  a  res 
mancipi  transferred  to  him  by  tradition  only ;  but 
the  phrase  applies  also  to  other  cases  in  which  the 
praetor  by  the  help  of  fictions  gave  to  persons  the 
beneficial  interest  to  whom  he  could  not  give  the 
ownership.  When  the  praetor  gave  the  goods  of 
the  debtor  to  the  creditor,  the  creditor  was  said 
M  potaemommm  rerwuj  or  bonorum  dMorU  mUti. 
(Dig.  42.  tit  5.  8. 14,  &c.)  [Bonorum  Emtio  ; 
Bonorum  Posssssio.] 

As  to.  things  nee  mancipi,  the  ownenhip  might 
be  transferred  by  bare  tradition  or  delivery,  and 
such  ownership  was  Qniritarian,  inaamnch  as  the 
Roman  law  required  no  special  form  to  be  ob- 
served in  the  transfer  of  the  ownership  of  res  nee 
sipi.     Such  tnuMfer  was  made  according  to 


BONA  CADUCA. 

the  jos  gentium  (}n  the  Roman  sense  of  that  ten 
(Gaius,  iL  26,  41,  20 ;  Ulpu  Fraff.  I  16.) 

(Zimmem,  Uoberdm  We$em  dettogenamUm  la 
tariitAen  Eufoitkumt,  IUumi$ek,  Mus./urJuruf 
iii  8.)  [G.  L] 

BONACADU'CA.  a»/aicma  literally  signiti 
that  which  fidls:  thus,^i2aiM  enfueo,  according 
Gains  (Dig.  50.  tit  16.  &  30),  ia  the  mast  whi 
falls  from  a  tree.  Cadncnni,  in  its  general  snu 
might  be  any  thing  without  an  owne^  or  what  t 
person  entitled  to  neglected  to  take  (Cic  Dt  C 
lii  31,  PhiL  x.  5)  ;  bnt  the  atrict  legal  sense  of  c 
dncum  and  bona  cadnca,  is  that  stated  by  Ulps 
(F^,  xviL  De  Oufucu),  which  is  as  feUowi :- 

If  a  thing  is  left  by  testament  to  a  penoo. 
that  he  can  take  it  by  the  joa  civile,  bnt  from  mi 
cause  has  not  taken  it,  that  thing  is  called  etui 
atm,  as  if  it  had/ii&a  fitim  him  ;  for  instance, 
a  legacy  was  left  to  an  unmarried  penoo,or 
Latinus  Junianus ;  and  the  nmnanried  peisao  di 
not  within  a  hundred  days  obey  the  law,  or 
within  the  same  time  the  Latinns  did  not  obtiu 
the  Jus  Quiritinm,  or  had  become  a  peregnm 
(see  Cujadiis,  ad  Vlpkmi  TUmloa  XXIX.  voL  i  n 
NeapoL  1758),  the  legacy  was  cadncmn.  Or  if 
Asrw  e»  jMifito,  or  a  legatee,  died  befiire  the  openin 
of  the  will,  the  thing  was  oarfae— i.  The  tbh^ 
which  failed  to  come  to  a  person  in  coDseqiieiio 
of  something  happening  in  the  life  of  the  tettato 
was  said  to  be  m  oMtsa  oadmei;  that  iriiich  &De< 
of  taking  effect  between  the  death  of  the  teitatoi 
and  the  opening  of  the  will,  was  sunplycsllei 
eaducum.  (Comp.  Dig.  28.  tit  5.  a.  62,  and  Dig 
31.a.51;  OxisCiMZ,  Art  103d,  &c) 

The  Uw  above  alluded  to  is  the  Lex  Jdia  e 
Papia  Poppaea,  which  is  aometimea  simply  callM 
Julia,  or  Papia  Poppaea.  This  law,  whicli  vii 
passed  in  the  time  of  Angnstus  (a.  d.  9),  hsd  the 
double  object  of  encouraging  maniagea  and  enrich' 
ing  the  treasury — oeraniaii  (Tadt  Ann.  m.  25), 
and  contained,  with  reference  to  these  two  objedi, 
a  great  nnmbtf  of  provisions.  Martial  (v.  Ep.  75) 
alludes  to  a  penon  who  married  m  order  to  eompl/ 
with  the  law. 

That  which  was  cadncnm  came^  in  the  fint 
place,  to  those  among  the  heredea  who  had  chil- 
dren ;  and  if  the  heredea  had  no  children,  it  came 
among  thoae  of  the  legateea  who  had  children.  The 
kw  gave  the  jus  accreacendi,  that  ia,  the  right  (o 
the  caducnm  as  frur  as  the  third  degree  of  con- 
sanguinity, both  ascending  and  desoadmg  (Ulp- 
Fra^.  18),  to  those  who  wen  made  hendei  l^tbe 
will  Under  the  proviaians  of  the  kw,  the  cadn- 
cum,  in  case  there  was  no  prior  daimaat,  beloiiged 
to  the  aerarium ;  or,  as  Ulpian  (xxviii.  7)  expreaies 
it,  if  no  one  waa  entitled  to  the  Hommm  poMes»io, 
or  if  a  peraon  was  entitled,  but  did  not  aiaert  hit 
right,  tne  bona  became  piblic  property  {puf*^ 
d^enintur\  according  to  the  Lex  Julia  caductfia; 
but  by  a  conatitution  of  the  Emperor  Antaarons 
Caracalla  it  was  appropriated  to  the  fiscos:  the  joi 
accTCsoendi  above  mentioned  was,  however,  itiH 
retamed.  The  lawyers,  however  (oW  ffudentu- 
nmt),  by  various  devices,  such  as  snbstitotioni, 
often  succeeded  in  making  the  law  of  no  etfeet 
A  case  is  mentioned  in  the  I>iffeBt  (28.  tit  4.  i.  3), 
in  which  bona  caduca  were  daimod  by  the  6kbi 
in  the  time  of  Marcus  Antoninna,  and  another  in 
which  the  fiacua  is  mentioned  even  under  Hadriso, 
where  one  would  expect  to  find  the  term  aeFunnn 
'     (SaWgny,  Sj^stem^  &a  u  273;  note  qq.) 


BONA  FIDES. 

He  v^  taok  tlie  portion  of  a  henB^  wlueh 
becaae  caducun,  took  it  by  uuTcnal  BUceeHioii : 
m  t^ateof  alen^ytlie  cadnciim  waa  a  nngiikr 
rirwinn,  Baioe  wlio  took  anliereditaft  cadua^ 
lock,  it  Willi  tibe  bequests  of  freedom,  of  legacies, 
aoad  fidei  nrnnniMni  witb  whicb  it  was  buithened : 
if  itfeB  Icgata  and  fidd  mmmissii  became  cadaca,  all 
chaiiges  with  whidi  tbej  were  burtkened  became 
cadaea  aba.  In  the  time  of  Constantiiie,  both  tke 
caekbs,aad  tke  orbiis,orckildlees  penon  (wko  was 
asdcr  a  iiraited  incapacity)*  obtained  tke  full  legal 
capacity  of  toking  tkie  inkeritanoe.  (Ood.  viiL  58.) 
Jfwtinisn  (Cod.  tL  51)  pat  an  end  to  tke  eadocmn, 
vitk  all  its  k|gal  eonseqaences.  In  tkis  last-men- 
tiooed  title  (JM  OadmeU  iottemdU)  it  is  stated  botk 
tkat  tke  name  and  the  tking  (aonea  H  mata 
eadmeenm)  kad  their  origin  in  tke  civil  wan,  tkat 
SBnypnvisiaoa  of  tke  law  were  evaded,  and  many 
kad  becoiBe  obsolete.  (Jnv.  Sal,  ix.  88;  Gains, 
L  150,  ii.  207,  iii.  144,  286 ;  Lipsios,  Ezcors.  ad 
Tadt.  ^aau  iiL  25 ;  Marezoll,  Lekrimeh  der  Inaiittd, 
da  Roau  BeekU.)  As  to  tke  Dos  Cadoca,  see 
Do&  [O.L.] 

BONA  FIDES.  Tkis  term  frequently  ocean 
ia  tke  Latin  writen,  and  porticolaily  in  tke  Roman 
jariita.  It  can  only  be  defined  witk  reference  to 
thiags  apposed  to  it,  namely,  mala  fides,  and  dohis 
■a^  botk  of  wkich  tenns,  and  especially  tke 
hder,  axa  frequently  nsed  in  a  tecknical  sense. 
[DoLos  Mai.  178.3 

Ce&etaUy  spfking,  bona  fides  implies  tke  ab- 
anee  of  aQ  fiiind  and  aniair  dealio^  or  acting.  In 
tkis  saisa,  bona  fides,  tkat  is,  tke  absence  of  all 
fraad,  wketker  tke  frand  consists  in  simnlation  or 
a  necessaiy  ingredient  in  all  oon- 


eitkcr 
kexfroa  a 


Bma  fide  pouiden  a{qilies  to  kim  wko  has  ao- 
qaiied  t)^  poaaeasioD  of  a  tking  under  a  good  title, 
u  ke  wippuaea.  He  who  posmsed  a  tlung  bona 
ide,  kad  a  capacity  of  acquiring  tke  ownenkip 
by  BWfapinp,  md  kad  the  protecdon  of  tke  actio 
Pabfidaa^     Tkns  a  poaon  wko  receiTsd  a  tkiog 

'  or  nee  mandpi,  not  from  tkeowner, 
whom  hs  belieYed  to  be  tke 

acquire  tke  ownerskip  by  usucapion. 
(Gaiaa,  n.  43 ;  U^  Froff.  six.  8.)  Atkin^  wkick 
ves^^vtina  or  «•  jwapiKi,  or  tke  res  manapi  of  a 
kaale  who  was  in  tke  ti^da  of  ker  agnati,  unless 
it  was  ddivcred  by  ker  under  tke  auctoritas  of  ker 
taior,  was  not  sabject  to  usucapion,  and  tkerefore 
ia  tkese  caaea  tke  presence  or  absence  (^  bona  fides 
vas  iMiBHlwial,  (Gaiua,  L  192,  iL  45,  Sue ;  Cic 
JdJiLl&j  Pro  Plaeoo^  c  84.)  A  person  wko 
boQgkt  finom  a  popillns  witkout  tke  auctoritas  of 
kia  tutor,  or  with  uie  auctoritas  of  a  person  whom 
be  knew  not  to  be  the  tutor,  did  not  purckase 
boua  fide ;  tkat  is,  ke  was  guilty  of  a  1<^  fi»ud. 
A  sole  tutor  could  not  purckase  a  tkiqg  bona  fide 
fim  kis  popillns ;  and  if  ke  purckased  it  firom 
saotW  to  whom  a  non  bona  fide  sale  kad  been 
Bade,  tke  tianaactiaa  was  nuQ.  (Dig.  26.  tit  8. 
as.) 

In  Tarions  actions  arising  out  of  mutual  dealings, 
nek  as  boyipg  and  selling,  lending  and  kiring, 
psrtaenh^  aid  others  bona  fides  is  equivalent  to 
antmna  and  jostam ;  and  suck  actions  were  some- 
tb&es  caOed  bonae  fidei  actiones.  Tke  fivmnla  of 
tk«  pcaefcor,  wkich  was  tke  abtkonty  of  tke  judex, 
empowered  kim  in  suck  cases  to  inquire  and  deter- 
■iae  aa  homa  Jide^  tkat  is  according  to  tke  real 
of  the  case:  sometimes  aequins  melius  was 


BONORUM  CE8SI0.  907 

nsed  instead  of  ex  bona  fide.  (Gaiui^  ir.  62 ;  Cio. 
^.  iii.  17,  7bpte.&17;  BrisSQaius,/^/bnM^ 
Ac  lib.  V.)  ^^ 

BONA  RAPTA.    [Fubtum.] 

BONA  VACA'NTIA  wen  or^inaDr  tke  pro- 
perty  wkick  a  person  left  at  kis  death  witkoot 


kaving  disposed  of  it  by  will,  and  witkout  leaving 
any  htret.  Sack  property  was  open  to  occupancy, 
and  so  long  as  tke  strict  bws  of  mkeritanoe  ex- 
isted, suck  an  event  must  not  kave  been  nnoon- 
men.  A  remedy  was,  kowevcr,  fiamd  fiir  tkis  by 
tke  bonorum  possessio  of  tke  prsetor. 

It  does  not  appear  tkat  tke  state  originally 
churned  tke  property  of  a  person  wko  died  mtea- 
tate  and  without  ierodst  UgiUmL  Tke  chum  of 
tke  state  to  sack  property  seems  to  kave  been  first 
established  by  tke  Lex  Julia  et  Papia  Poppaea. 
[Bona  Caovca.]  Tke  state,  tkat  is,  m  the  earlier 
periods  the  aerarium,  and  afterwards  the  fiscns, 
did  not  take  suck  propertr  as  keres,  but  it  took  it 
per  mimnUakm.  In  the  kter  periods  of  the 
empire,  in  the  ease  of  a  soldier  dying  without 
heredes,  tke  legion  to  wkick  ke  beloi^  kad  a 
daim  before  tke  fiscos ;  and  various  coiporato 
bodies  kad  a  like  preference  in  tke  ease  of  a  mem- 
ber of  tke  corpoiation  dying  witkout  keredcsL 
{lAtsn»Sl,LekHmAder  IfutiL  dm  Jidtm,  ReekiM/ 
Sa^iniy,  ^^m,  d».  vol.  ii  p.  300.)        [G.  L.] 

BONO'RUM  CE'SSIO.  Tkere  wen  two  knids 
of  bonorum  cessio,  m  Jmre  and  mirajma,  Tke  In 
jun  cessio  b  treated  under  its  proper  kcad. 

Tke  ftononoM  eetmo  tttrajiu  was  introdueed  by 
a  Julian  kw,  passed  eitker  in  tke  time  of  Julius 
Caesar  or  Augustus,  wkick  allowed  an  insolvent 
debtor  to  give  up  kis  property  to  kis  crediton. 
Tke  debtor  migkt  dedan  nis  willingncas  to  give 
up  kis  property  by  letter  or  by  a  verbal  message. 
Tke  debtor  tkus  avoided  tke  in&mia  eonsequent 
on  tke  bonornm  emtio^  wkick  was  involuntaiy, 
and  he  was  free  from  all  perwnal  execution.  He 
was  also  allowed  to  retain  a  small  portion  of  kis 
property  fiv  kis  support.  An  old  gloss  describes 
tke  bonorum  cessio  tkus :  Otden  £mi§  €$i  oh  wd- 
oersctats  rsnmi  sMoraai  reosclare. 

Tke  property  tkus  given  iq)  was  sold,  and  tke 
proceeds  distributed  amon^  tke  croditork  Tke 
purckaser  did  not  obtain  tke  Quiritarian  ownenkip 
of  tke  property  by  tke  act  of  purekase.  If  .tke 
debtor  subsequently  acquired  property,  tkis  alio 
was  liable  to  tke  payment  of  kis  old  debts,  with 
some  limitations,  if  tkey  were  not  already  fiilly 
satisfied.  A  constitution  of  Alennder  Severus 
(Cod.  7.  tit  71.  8. 1)  deckures  tkat  tkose  wko  made 
a  bonorum  cessio  were  not  released,  unless  tke 
crediton  were  fiiUy  paid  ;  but  tkey  Imd  tke  privi* 
lege  of  not  being  unprisoned,  if  judgment  was  given 
against  tkem  in  an  action  by  one  of  tkeir  old  cre- 
ditors. 

Tke  benefit  of  tke  lex  Julia  was  extended  by 
imperial  constitations  to  the  provinces. 

Tke  kistory  of  tke  bonorum  oessio  does  not 
seem  quite  dear.  Tke  Julian  law,  kowever,  was 
not  tke  oldest  enactment  wkick  relieved  tke  penon 
of  tke  debtor  firom  being  taken  in  execution.  The 
lex  Poetelia  Pi^iiia  (b.  c.  327)  exempted  the  per- 
son of  the  debtor  (aw  qm  mosBom  merauasf ),  and 
only  made  kis  property  (JkmKi)  liable  for  kis  debts. 
It  does  not  appear  from  tke  passage  in  Livy  (riiL 
28)  wketker  this  was  a  bonorum  cessio  in  the 
sense  of  tke  bonorum  cessio  of  tke  Julian  law,  ot 
only  a  bonornm  emtb  with  the  privilege  of  freedom 


?0B  BONORUM  EMTIO, 

from  arrest  Tbe  Tablet  of  Heradea  (Mazocchi, 
pL  423)  speaki  of  those  ^m  m  jure  bonam  copiam 
jwrabamt ;  a  phrase  which  appears  to  be  equivjalent 
to  the  bonomm  oessio,  and  was  a  declaration  on 
oath  m  jart^  that  is,  before  the  praetor,  bj  the 
debtor  that  his  property  was  sufficient  to  pay  his 
debts.  But  this  was  still  accompanied  with  in- 
iamia.  So  fiu  as  we  can  learn  firom  Livy,  no  sach 
declaration  of  solvency  was  required  from  the 
debtor  by  the  Poetdia  lex.  The  Julian  law  ren- 
dered the  process  of  the  cessio  bonorum  more 
simple,  by  making  it  a  procedure  extra  jus,  and 
giving  fivther  privileges  to  the  insolvent.  Like 
several  other  Julian  laws,  it  appears  to  have  con- 
solidated and  extended  the  provisions  of  previous 
enactments.  The  term  bonorum  cessio  is  used  in 
the  Scotch  law,  and  the  early  practice  was  derived 
from  the  Roman  system.  (Oaius,  iiL  28 ;  Dig.  42. 
tit  3;  Cod.  vii.  tit.  71.)  [G.L.] 

BONO'RUM  COLLA'TIO.  By  the  strict 
rules  of  the  civil  law  an  emancipated  son  had  no 
right  to  the  inheritance  of  his  father,  whether  he 
died  testate  or  intestate.  But,  in  course  of  time, 
the  praetor  granted  to  emancipated  children  the 
privilege  of  equal  succession  with  those  who  re- 
mained in  the  power  of  the  fether  at  the  time  of 
his  death ;  and  this  grant  might  be  either  contra 
ialmltu  or  ab  intetktto.  But  this  favour  was  granted 
to  emancipated  children  only  on  condition  that 
they  should  bring  into  one  common  stock  with 
their  father*s  property,  and  for  the  purpose  of  an 
equal  division  among  all  the  fiither*s  children,  what- 
.  ever  property  they  had  at  the  time  of  the  father's 
death,  and  which  would  have  been  acquired  for 
the  fiither  in  case  they  had  still  remained  in  his 
power.  This  was  called  bonorum  oollatio.  It  re- 
sembles the  old  English  hotchpot,  upon  the  prin- 
ciple of  which  is  framed  the  provision  in  the  statute 
22  and  23  Charles  II.  &  10.  s.  5,  as  to  the  distri- 
bution of  an  intestate^s  estate.  (Dig.  87.  tit.  6  ; 
Cod.  yi  tit.  20  ;  Thibaut,  System  det  Pandehten 
Reehia^  §901,  &&,  9th  ed.,  where  the  rules  appli- 
cable to  the  bonorum  collatio  are  more  particularly 
stated.)  [G.  L.] 

BONO'RUM  E'MTIO  ET  EMTOR.  The 
expression  bonorum  emtio  applies  to  a  sale  of  the 
property  either  of  a  living  or  of  a  dead  person.  It 
was  in  efiect,  as  to  a  living  debtor,  an  execution. 
In  the  case  of  a  living  person,  his  goods  were 
liable  to  be  sold  if  he  concealed  himself  for  the 
purpose  of  defrauding  his  creditors,  and  was  not 
defended  in  his  absence ;  or  if  he  made  a  bonorum 
cessio  according  to  the  Julian  law ;  or  if  he  did  not 
pay  any  sum  of  money  which  he  was  by  judicial 
sentence  ordered  to  pay,  within  the  time  fixed  by 
the  kws  of  the  Twelve  Tables  (Aul  GelL  xv.  13, 
XX.  1)  or  by  the  praetor^s  edict  In  the  case  of  a 
dead  person,  his  property  was  sold  when  it  was 
ascertained  that  there  was  neither  heres  nor  bono- 
rum possessor,  nor  any  other  person  entitled  to 
succeed  to  it  In  this  case  the  property  belonged 
to  the  state  aiier  the  passing  of  the  Lex  Jidia  et 
Papia  Poppaea.  If  a  person  died  in  debt,  the  prae- 
tor ordered  a  sale  of  his  property  on  the  application 
of  the  creditors.  (Gains,  iL  154,  167.)  In  the 
case  of  the  property  of  a  living  person  being  sold, 
the  praetor,  on  tue  application  of  the  creditors,  or- 
dered it  to  be  possessed  (jponidmi)  by  the  creditors 
for  thirty  successive  days,  and  notice  to  be  given 
of  the  sale.  This  explains  the  expression  in  Livy 
(ii:  24) :  **  ne  quis  militii,  donee  in  casttia  esset. 


BONORUM  POSSfeSSIO. 
hoaaLpoetideret  aut  yenderet^  The  creditors  wi*« 
said  OT  poemeaionem  rerum  debiione  mitti  '  wmM 
times  a  single  creditor  obtuned  the  possessi 
When  several  crediton  obtained  the  poMcsaaio,  I 
was  usual  to  entrust  the  management  of  tbe  bQ«» 
ness  to  one  of  them,  who  was  chosen  by  a  majoriti 
of  the  creditors.  The  creditors  then  met  and  cboai 
a  roagistcr,  that  is,  a  person  to  sell  the  property 
(Cic.  AdAU.\.9^  vl  1 ;  /V\>  P.  Qirmtio,  c  \5% 
or  a  curator  bonorum  if  no  immediate  sale  -w-a^ 
intended.  The  purchaser,  emtor,  obtained  by  tlM 
sale  only  the  bonomm  possessio :  the  property  waj 
his  In  bonis,  until  he  acquired  the  Qoiritarram 
ownership  by  usucapion.  The  foundation  of  this 
rule  seems  to  be,  that  the  consent  of  the  owner  wasj 
considered  necessary  in  order  to  transfer  the  owner- 
ship. Both  the  bonorum  possessores  and  the  em* 
tores  had  no  legal  rights  {direefae  aetioneai)  ai^inst 
the  debtors  of  the  person  whose  property  was  pos- 
sessed or  purchased,  nor  could  they  be  legally 
sued  by  them ;  but  the  praetor  allowed  ntiU^  a<r^ 
Hones  both  in  their  frvour  and  against  them. 
(Gains,  iiL  77;  iv.  35,  65  and  111 ;  Dig.  42.  tfi: 
4,  5 ;  Savigny,  Das  IMU  des  BesUzea,  p.  410, 
5th  ed.)  [G.  L.J 

BONO'RUM  POSSE'SSIO  is  defined  by 
Ulpian  (Dig.  87.  tit  1.  s.  3)  to  be  **  the  right  of 
suing  for  or  retaining  a  patrimony  or  thing  which 
belonged  to  another  at  the  time  of  his  deatlu**  The 
strict  laws  of  the  Twelve  Tables  as  to  inheritance 
relaxed  by  the  praetor's  edict,  and 


a  new  kind  of  succession  was  introdneed,  by  which 
a  person  might  hare  a  bonomm  posseasio  who 
could  have  no  hereditas  or  legal  inheritance. 

The  bonorum  possessio  was  given  by  the  edict 
both  contra  tabulas,  secundum  tabulaSy  and  tnteg- 
tati. 

An  emancipated  son  had  no  legal  daim  on  the 
inheritance  of  his  fiither ;  but  if  he  was  omitted  in 
his  frther^  will,  or  not  expressly  exheredated,  the 
praetor^s  edict  gave  him  the  bonorum  possessio 
contra  tabulas,  on  condition  that  he  woald  bring 
into  hotchpot  (Jmnorum  collatio)  with  his  brethren 
who  continued  in  the  puent^  power,  whateTcr 
property  he  had  at  the  tune  of  the  parentis  drath. 
The  bonorum  possessio  was  given  both  to  children 
of  the  blood  {naturales)  and  to  adopted  children, 
provided  the  former  were  not  adopted  into  any 
other  family,  and  the  latter  were  in  the  adoptive 
parent's  power  at  the  time  of  his  death.  If  a 
freedman  made  a  will  without  leaving  his  patron 
as  much  as  one  half  of  his  property,  the  patron 
obtained  the  bonorum  possessio  of  one  half,  unless 
the  freedman  appointed  a  son  of  his  own  blood  as 
his  successor. 

The  bonorum  possessio  secundum  tabulas  was 
that  possesion  which  the  praetor  gave,  conform- 
ably to  the  words  cf  the  will,  to  tiiose  named  in  it 
as  heredes,  when  there  was  no  person  intitled  to 
make  a  claim  against  the  will,  or  none  who  chose 
to  make  such  a  claim.  It  was  also  given  secundum 
tabulas  in  cases  where  all  the  requisite  legal  form- 
alities had  not  been  observed,  provided  there  were 
seven  proper  witnesses  to  the  wilL  (Gaius,  iL 
147,  *'  si  modo  defunctus,**  Ac) 

In  the  case  of  intestacy  (jntestati)  there  were 
seven  degrees  of  persons  who  might  claim  the 
bonorum  possessio,  each  in  his  order,  upon  there 
being  no  claim  of  a  prior  degree.  The  three  first 
class  were  children,  legiHmi  heredes  and  proximi 
cognati.    Emancipated  children  could  ckum  as  well 


BOONAE. 

« tfaoM  vbo  vcK  nrt  emawripated^  and  adopthre 
as  veO  M  cUUien  of  the  Uood  ;  Irat  not  children 
vbo  bad  hem  adopted  mto  another  fiunflj.  If 
a  fieedmeB  died  intestate^  leaTing  oailj  a  infe  (in 
Tsma)  or  an  adopdre  mi,  the  patran  waa  entitled 
to  tke  boDonn  poaeasio  of  one  half  of  hie  pnperty. 

Tie  teMnm  poaeeaaio  waa  given  either  cmm  re 
ami  ft.  It  vaa  giren  cmm  re,  when  the  peiacm 
IB  vboa  it  vaa  giren  thereby  obtained  the  pro- 
fenj  <r  mhentance.  It  waa  given  mm  re,  when 
m^  pcfBOB  eoofcl  aaaert  hia  daim  to  Uie  in- 
beritaaeebjtliejnacnnle:  aa  if  a  man  died  intea- 
tiie  lemag  a  mms  karm^  the  giant  of  the  bononnn 
pMOBO  mid  bave  no  effect;  fiir  the  heica  eonld 
BBiataJB  bia  legal  i%ht  to  the  inheritance.  Or  if 
apaioa  wbo  waa  named  herea  in  a  valid  will  waa 
attired  vith  hia  title  aceordii^  to  the  jna  civile, 
md  jidnotchoaaetoaak  far  the  bonoram  pomeario 
(vbicb  be  waa  entitled  to  if  he  choae  to  have  it), 
iboK  vbe  woold  have  been  heredea  in  caae  of  an  in- 
testacj  Big^  daim  the  bononan  poaneairin,  which, 
hamm,  voaldbe  naavaiiiiig  agamat  the  legal  title 
tftketvlaBicntaiy  herea^  and  therefore  mm  rs. 

FkRBta  aad  diildicn  might  daim  the  bonoram 
fwinwitbia  a  jear  from  the  time  of  their  being 
lUe  to  Bake  the  daim  ;  othen  were  reqoired  to 
sake  tbe  dum  within  a  faimdred  daya.  On  the 
bikn  flf  iodi  party  to  nmke  hia  claim  within  the 
pnpv  tine,  the  i%ht  to  daim  the  bonoram  poa- 
tam  derdved  on  thoae  next  in  order,  throogh 
toe  leraa  d£greea  of 

He  wbo  received  the 
tknby  Bade  A«et,  but  hemMjiaeediendisloco; 
ir  tbe  praetor  eonld  not  make  a  hereai  The  pro- 
pa^  of  vbick  the  yeeacaaion  waa  thna  given  waa 
cdy  la  bada,  vntil  by  naao^non  the  poaaeaaion 
v»  eoanrted  into  Qniritarian  owneiahip  (cfooM- 
in).  AH  tbe  daima  and  obligatbna  of  die  de- 
eoied  pewn  were  tranaferred  with  the  bonoram 
l—i'aiu  to  the  poaacaaor  or  practoirian  herea  ; 
■d  be  vaa  protected  in  hiB  poaaeaaion  by  the  in- 
todietan  Qunm  bonomm.  The  benefit  of  thia 
iaodieteaa  finited  to  caaea  of  bonoram  poaaeaaio, 
atd  tbii  WM  the  reaaon  why  a  peraon  who  eonld 
chin  tbe  iaberitance  in  caae  of  inteatacy  by  the 
OT^  lav  aoBetnnea  choae  to  aak  for  the  bonoram 
pMenio  abou  The  praetofian  heiea  could  only 
>tt  aad  be  aned  in  respect  of  ihe  property  by  a 
btpl  fiction.  He  waa  not  able  to  anatain  a  dincta 
•^;  bat  ia  order  to  give  hhn  thia  capacity,  he 
w  bj  a  iietian  of  law  aoppoaed  to  be  what  he 
«■  not,  km;  aad  he  waa  aaid  fitio  m  herede 
<9n; «  I'afraJon.  The  actiooa  which  he  oonld 
Btiaia  or  defend  wera  ae^MMt  atiZM.  (Cic.  Ad 
^«ak  Til  21 ;  Oaina,  iiL  25—^8,  iv.  34  ;  Ulp. 
/^r:  tit.  28,29  ;  Dig.  37.  tit  4.  &  Id  ;  tit  11 ; 
1%  38.  tit  €;  agood  general  view  of  the  bonoram 
' '  ia  i^Tcn  by  MaresoU,  LeMtiek  der  In- 
I  dm  Ham.  nsOtB,  §174;  Thibaut,^r»- 
teiai>teddteAooik<«,§843,9thed.)  [O.L.] 
BONCyEUM  POSSESSIO.  [Intbrdictum.] 
BONO-EUMRAPTO^UM  ACTIO.  LFue- 

BOONAE  OoMPoi),  peraona  in  Athena  who 
pRbaied  oxen  for  the  public  aacrifioea  and  foaata. 
Thty  an  apokcn  of  by  Demoathenea  (e.  Mid.  p. 
S70)  in  eaBJimction  with  the  hpowouU  and  thoae 
vbo  pnided  over  tbe  myateiiea,  and  are  ranked 
br  Ubnina {Dadam.wL)  with  the  aitonae,  gene> 
nh,  aad  imbanadort.  'flieir  office  ia  apoken  of  aa 
wnUe  by  Haipocmtion  (8.v.)  ;  but  Polliuc 


BOULE. 


309 


I  them  among  the  ini 
or  officea  of  acrvice  (i'niptoimijBSdthfPmU.jEeom, 
o/Jtiau,  p.  316,  2d  ed.) 

BOREASMI  or  BOREASMUS  (fiopHurptol 
or  fioftuTfUs)^  a  featival  cdebrated  by  the  Athe- 
niaaa  in  honoor  of  Boreaa  (HeaycL  a.  v.),  which, 
aa  Herodotoa  (vii  189)  aeema  to  thmk,  waa  inati- 
tuteddnringthe  Penian  war,  when  the  Atheniaaa, 
bdng  commanded  by  aa  orade  to  invoke  their 
yoiiMfAs  hrUmfpat^  prayed  to  Boreaa.  The  fleet 
of  Xerzea  waa  aoon  afterwarda  deatnyed  by  a 
north  wind,  near  Cape  Sepiaa,  aad  the  grateAil 
Atheniana  erected  to  hia  honour  a  temple  on  the 
banka  of  the  Iliaaoa.  Bat  oonaidering  that  Boreaa 
waa  intimatdy  connected  with  the  early  biatory  of 
Atdoa,  aince  he  ii  aaid  to  have  earned  off  and 
married  Oreithya,  daughter  of  Erechthena  (Herod. 
L  e.  ;  Paua.  L  19.  §  6X  and  that  he  waa  iiuniliar  to 
them  under  the  name  of  broAtr  m  /om,  we  have 
reaaon  to  anpuMe  that  even  previoua  to  the  Penian 
wana  certain  honoun  were  paid  to  him,  which  were 
perh^ia  only  revived  and  increaaed  after  the  event 
recorded  by  Herodotoa.  The  featival,  however, 
doea  not  aeem  ever  to  have  had  any  great  odebrity  ; 
for  Phto  {Piaedr.  p.  229)  repreaenta  Phaedrna  aa 
unanqnainted  even  with  the  aite  of  tbe  temple  of 
Boreaa.  Particnlara  of  thia  featival  are  not  known, 
except  that  it  waa  cdebrated  with  banqueta. 

Pauaaniaa  (viii  36.  §  4)  mentiona  a  featival  cele- 
brated with  annual  aacrifioea  at  Megak^lia  in 
honour  of  Boreaa,  who  waa  thought  to  have  been 
their  ddiverer  from  the  LacedaeinonianiL  (Comn, 
Aelian,  F.^.xii61.) 

Aelian  ^  e.)  aaya  that  the  Thuriana  alao  offered 
an  annual  aacnfice  to  Boreaa,  becaaae  he  had  de- 
atroyed  the  fleet  with  which  Dionyaina  of  Syra- 
cuae  attacked  them  ;  and  adda  the  cnnona  remark, 
that  a  decree  waa  made  which  beatowed  upon  him 
the  right  of  dtisenahip,  and  aaaigned  to  him  a 
houae  and  a  piece  of  land.  Thia,  however,  ia  per* 
hapa  merdy  another  way  of  ezpreaaing  the  tact, 
that  the  Thuriana  adopted  the  worahip  of  Boreaa, 
and  dedicated  to  him  a  temple^  with  a  piece  of 
hmd.  [LSL] 

BOULE'  (i8ovX4),  a  deUbemto  aaaembly  or 
council.  In  the  heroic  agea,  repreaented  to  ua  by 
Homer,  the  0ovK^  ia  aimply  an  ariatocratical 
council  of  the  noblea,  aitting  under  their  king  aa 
preaident,  who,  however,  did  not  poaaeaa  any  greater 
authority  than  the  other  membeia,  except  wluit  that 
poaition  g»ve  him.  The  noblea,  thua  aaaembled, 
decided  on  public  buaineM  and  judicial  matterB, 
frequently  in  connection  with,  but  apparently  not 
anlject  to,  nor  of  neceaaity  controlled  hy^  an  ieyopd^ 
or  meeting  of  the  freemen  of  the  atate.  {IL  u.  53, 
143,  xviii  603,  Od.  iL  239.)  Thia  form  of  govera- 
ment,  though  it  exiatod  for  aome  time  in  the  Ionian, 
Aeolxan,  and  Achaean  atatea,  waa  at  laat  wholly  abo- 
lished. Amongat  the  Doriana,  however,  eapecially 
with  the  Spartana,  thia  waa  not  the  caae ;  for  it  ia 
well  known  that  thf  y  retained  the  kingly  power  of 
the  Heradeidae,  in  conjunction  with  tiuaytpwiria 
[Gsbousia],  or  aaaembly  of  ddera,  of  which  the 
kings  were  members.  At  Athena^  there  were  two 
oouncila,  one  usually  called  the  Areiopoffut  from 
ita  meeting  on  the  hill  of  Area  (4  ip  *Apci4»  m^Y 
fiovK^X  which  waa  more  of  an  ariatocratical  cha- 
racter, and  ia  apoken  of  under  Akbiopaous,  and 
the  other  called  TU  Cotmea  or  SenaU  <f  ika  Fit» 
Htmdred  (if  rw  rtwruKocUov  /BovX^),  or  simply 
The  Council  or  SemUe  (A  fiov\ii\  which  waa  a 


mo 


BOULB. 


representatire,  and  in  most  retpects  a  popular  body 
{^fioTuc6¥),  It  is  of  the  latter  council  that  the 
following  article  treats. 

Its  first  institution  is  generally  attributed  to 
Solon.  There  are,  however,  strong  reasons  for  sup- 
posing that,  as  in  the  case  of  the  areiopagus,  he 
merely  modified  the  constitution  of  a  bcKly  which 
he  found  already  existing.  In  the  first  place  it  is 
improbable,  and  in  fiM:t  almost  inconsistent  with 
the  existence  of  any  goTenmient,  except  an  abso- 
lute monarchy,  to  suppose  that  there  was  no 
such  council  Besides  this,  Herodotus  (r.7i) 
tells  us  that  in  the  time  of  Cylon  (&  a  620), 
Athens  was  under  the  direction  of  the  presidents 
of  the  Naucraries  (vavKpapUu\  the  number  of 
which  was  forty-eight,  twelve  out  of  each  of  the 
four  tribes.  Moreover,  we  read  of  the  case  of  the 
Alcmaeonidae  being  refened  to  an  aristocratical 
tribunal  of  300  persons,  and  that  Isagoras,  the 
leader  of  the  aristocratic  part^  at  Athens,  endea- 
voured to  suppress  the  councfl,  or  fiouKfi^  which 
Cleisthenes  hsucl  laised  to  600  in  number,  and  to 
vest  the  government  in  the  hands  of  300  of  his 
ownjparty.  (Herod,  v.  72  ;  Plut  Sol,  12.)  This, 
as  Tbirlwall  {HisL  of  Cfreece,  vol  ii  p.  41)  re- 
marks, can  hardly  have  been  a  chance  coincidence : 
and  he  also  suggests  that  there  may  have  been  two 
councils,  one  a  smaller  body,  like  the  Spartan 
ytpowrla^  and  the  other  a  general  assembly  of  the 
Enpatrids  ;  thus  corresponding,  one  to  the  senatns, 
the  other  to  the  comitia  curiata,  or  assembly  of  the 
burghers  at  Rome.  But  be  this  as  it  may,  it  is 
admitted  that  Solon  made  the  number  of  his  fiovKii 
400,  taking  the  members  from  the  three  first  classes, 
100  firom  each  of  the  four  trib«L  On  the  tribes 
being  remodelled  by  Cleisthenes  (&a510),  and 
laised  to  ten  in  number,  the  council  also  was  in- 
creased to  500,  fifty  being  taken  firom  each  of  the 
ten  tribes.  It  is  doubtfid  whether  the  3ovXcvrai, 
or  councillors,  were  at  first  appomted  by  lot,  as 
they  were  afterwards  ;  but  as  it  is  stated  to  have 
been  Solon^  wish  to  make  the  fiovKfi  a  restraint 
upon  the  people,  and  as  he  is,  moreover,  said  to 
have  chosen  (hriKt^dfituos^  Plut  SoL  19)  100 
members  firom  each  of  the  tribes,  it  seems  reason- 
able to  suppose  that  they  were  electedy  more  espe- 
cially when  there  is  no  evidence  to  the  contrary. 
(ThLrlwall,  vol.  il  p.  42.)  It  is  at  any  rate  cer- 
tain that  an  election,  where  the  enpatrids  might 
have  used  influence,  would  have  been  more  fitvour- 
able  to  Solon^s  views,  than  an  appointment  by  lot 
But  whatever  was  the  practice  originally,  it  is  well 
known  that  the  appointment  was  in  after  times 
made  by  lot,  as  is  indicated  by  the  title  (oi  iarh 
Tov  levdfiov  fiouK(vTal\  suggested  by  the  use  of 
beans  in  drawing  the  lots.  (Thuc  viii.  69.)  The 
individuals  thus  appointed  were  required  to  submit 
to  a  scrutiny,  or  Sofci/yuurfo,  in  which  they  gave 
evidence  of  being  genuine  dtixens  (yyfi<rioi  i^ 
itfA^iy)^  of  never  having  lost  their  civic  rights  by 
ierifjda^  and  also  of  being  above  30  years  of  age. 
They  remamed  in  oflloe  for  a  year,  receiving  a 
drachma  (fuir06s  0mKevTuc6s)  for  each  day  on 
which  they  sat:  and  independent  of  the  general 
account,  or  cM^wu,  which  the  whole  body  had  to 
give  at  the  end  of  the  year,  any  single  member  was 
liable  to  expulsion  for  misconduct,  by  his  colleagues. 
(Harpocr.  «.  t».  iM^vWoipopia ;  Aesch.  c,  Timarck. 
p.  15,  43,  ed.  Steph.) 

This  senate  of  500  was  divided  into  ten  sections 
^  fifty  each,  the  members  of  which  were  called 


BOULE. 

PryUau*  (irpvrtlvett),  and  were  all  o£  the  miM 
tribe  ;  they  acted  as  presidents  both  of  the  council 
and  the  assemblies  during  36  or  36  daya,  aa  th< 
case  might  be,  so  as  to  complete  the  lunar  jrear  oi 
354  days  (12  x  29i).  Each  tribe  exeidaed  tfacM 
functions  in  turn,  and  the  period  ef  office  waa  ca2]<*<| 
a  Prytanjf  (rpvroycla).  The  turn  of  each  trilM 
was  determined  by  lot,  and  the  fimr  supcxmniienix^ 
days  were  given  to  tiie  tribes  which  came  last  it 
order.  (Clmton,  F,  H.  vol.  ii.  p.  346.)  Moreov^^ 
to  obviate  the  difficulty  of  having  too  many  h 
office  at  once,  every  fifty  was  subdivided  into  fivj 
bodies  of  ten  each  ;  its  piytany  also  being  portiooe^ 
out  into  five  periods  of  seven  days  each  :  ab  thai 
only  ten  senaton  presided  fiir  a  week  over  the  res^ 
and  were  thence  called  Proedn  (rpMpoi).  Again 
out  of  these  proedri  an  Bpittatea  {ivurtyArns)  waj 
chosen  for  every  day  in  the  wedc  to  pi«side  as  i 
chairman  in  the  senate,  and  the  assembly  of  th^ 
people  ;  during  his  day  of  office  he  kept  the  pah 
lie  records  and  seaL 

The  prytanes  had  the  right  of  oonvenhig  tlM 
council  and  the  assembly  (iiucXiicia),  The  datj 
of  the  proedri  and  their  president  was  to  propoeH 
subjects  fiir  discussion,  and  to  take  the  votes  botl 
of  the  councillon  and  the  people ;  fiv  Delect  t^ 
their  duty  they  were  liable  to  a  fine.  (Dem.  c 
Tmoer,  p.  703 — 707.)  Moreover,  wheneTer  i 
meeting,  either  of  the  councO  or  the  assembly 
was  convened,  the  chairman  of  the  proedri  selecteij 
by  lot  nine  others,  one  firom  each  of  Uie  non-prei 
siding  tribes :  these  also  were  called  proedri  an< 
possessed  a  chairman  of  their  own,  likewise  ap 
pointed  by  lot  from  among  themselves.  On  theii 
fimctions,  and  the  probable  objeet  of  their  appointi 
ment,  some  remarks  are  made  in  the  laftter  part  a 
this  article. 

We  now  proceed  to  speak  of  the  duties  of  th< 
senate  as  a  body.  It  is  observed  under  the  Arkio' 
PAG  us  that  the  chief  object  of  Solon  in  forming  thi 
senate  and  the  areiopagus  was  to  control  the  de 
mocretical  powers  of  the  state ;  finr  this  purpow 
Solon  ordained  that  the  senate  should  discnss  an< 
vote  upon  all  matters  befiyre  they  were  sahmitte^ 
to  the  assembly,  so  that  nothmg  could  be  laid  be 
fore  the  people  on  which  the  senate  had  not  com^ 
to  a  previous  decision.  This  decision,  or  bill,  wai 
called  Pnbouleuma  {vpo6a6\wfM\  and  if  the  a« 
sembly  had  been  obliged  either  to  acquiesce  in  any 
such  proposition,  or  to  gain  the  consent  of  the  senatl 
to  their  modification  of  it,  the  assembly  and  th< 
senate  would  then  have  been  almost  etpial  powen 
in  the  state,  and  neariy  related  to  each  other,  » 
our^  two  houses  of  parliament  But  besides  thi 
option  of  adopting  or  rejecting  a  irpoSo^Xcvfto,  o] 
yfil^urfAa  as  it  was  somethnes  called,  the  people 
possessed  and  exercised  the  power  of  coming  to  i 
decision  completely  di^rent  firom  the  will  of  th^ 
senate,  as  expressed  m  the  TpoSoikfvfuL,  Thus  ii 
mattera  relating  to  peace  and  war,  and  confederacies 
it  was  the  duty  of  the  senators  to  watch  over  th^ 
interests  of  the  state,  and  they  could  initiate  what- 
ever measures,  and  come  to  whatever  reaolutiouj 
they  might  think  necessary ;  but  on  a  discussioi 
before  the  people  it  was  competent  for  any  in- 
dividual to  move  a  difierent  or  even  contiaiy  pro< 
position.  To  take  an  example :  —  In  the  Bubneax 
war  (b.  c  350),  in  which  the  Thebans  were  oppoae<l 
to  the  Athenians,  the  senate  voted  that  all  th< 
cavahy  in  the  city  should  be  sent  out  to  assist  th^ 
forces  then  besieged  at  Tamynae  ;  a  wpoeo6\€Wi4 


BOULE. 

to  tkii  cflect  was  proposed  to  the  people,  Imt  they 
dedded  tbattbe  cavidiy  were  not  wanted,  sod  the 
ezpeditifln  was  noit  andcctaken.  Other  instanoes 
of  tkk  kmd  occur  in  Xenophon.  {HelL  I  7.  g  9» 
Ti  1  I  2.) 

Inaddidan  to  the  hflb  which  H  was  the  dntf  of 
the  Monle  to  pnpose  of  their  own  aceotd,  there  were 
ochen  of  a  difiefent  chaiacter,  n^  sueh  as  any 
{fivace  hidmdaBl  migfat  wish  to  ha^e  sahmitted  to 
the  pespleL  To  aeeomplish  this  it  was  first  neces- 
aarr  fat  the  parQr  to  obtain,  bj  peCitkm,  the  priri- 
lece  cf  access  to  the  senate  (vprnSor  Tpd^otfifcu), 
arad  kaTo  to  pnpese  his  motion  ;  and  if  the  mea- 
S9ie  Bset  widi  their  approbation,  he  ooold  then 
leiiait  it  to  the  sssennU j.  (Dem.  a.  Timoor,  p. 
715.)  Praposala  of  this  kind,  which  had  the 
B^nsn  of  die  aenate,  were  also  called  vpo^wKt^ 
av^B,  and  freqoentl j  related  to  the  conferring  of 
Kae  paiticakr  hoooor  or  privilege  vpon  an  indi- 
TidaaL  Thns  the  proposal  of  Ctenphon  for  cxown- 
k^  DeaoothcBea  is  so  styled,  as  also  that  of  Ari»> 
txiatea  nr  confeim^  extrsMdmaiy  pnTiI^[es  on 
Charidenms,  an  Athenian  commander  in  Thiaoe. 
Asif  sname  of  this  sort,  which  was  thus  approTed 
of  by  the  senate,  was  then  sabmitted  to  the  people, 
«^  by  them  simply  adopted  or  rejected  ;  and  **  it 
k  in  these  and  simOar  cases,  that  the  statement  of 
the  giammaziana  ia  trae,  that  no  law  or  measure 
eoaU  be  piesented  for  ratification  by  the  people 
vithoBt  the  prerioos  ap{8obation  of  the  senate,  by 
v^ach  it  aswimwl  the  fimn  of  a  decree  passed  by 
thrt  body."*      (SchJteann,  De  ComUu$,  p^  103, 

tIBBsL) 

la  die  assembly  the  bill  of  the  senate  was  first 
nai,  jahmfB  by  the  crier,  alter  the  introdoctory 
eereaisDies  were  over ;  and  then  the  proedri  put 
•ikt  ^aeadon  to  the  people,  whether  they  approTed 
cf  it,  or  wnhed  to  giro  the  subject  fiirther  delibera- 
tisa.  (Aristoph.71es.290.)  The  people  dedared  their 
wQl  by  a  show  of  hands  (wpoxcifwrorta).  Some- 
tiao,  however,  the  bill  was  not  proposed  and  ez- 
pbiDcd  by  one  of  the  proedri,  hot  by  a  private  in- 
diTidnal — either  the  original  apfdicant  for  leave 
to  hang  hnnrd  the  measure,  or  a  senator  distin- 
faiibed  fiir  ontorical  power.  Examples  of  this 
nc  given  by  ^hamann  (JM  Cbm.  p.  106,  transL). 
If  ths  spoMXev^ia  of  the  senate  were  rejected  l^ 
t^  peo^  it  was  of  coarse  nnll  and  void.  If  it  hap- 
pened that  it  was  neither  confirmed  nor  .rejected, 
h  was  #r#r«eer,  that  is,  only  remained  in  force 
dsni|  the  year  the  senate  was  in  office.  (Dem. 
r.  Arii,  p.  651.)  If  it  was  confinned  it  became  a 
H^ifffm^  or  decree  of  the  people,  binding  upon  all 
cbsMt.  The  fann  for  drawiqg  up  such  decrees 
varied  ia  difEuent  ages.  Before  the  aichonship  of 
Eadddes  (&  a  40^  they  were  generally  headed 
by  the  fonnola— "ESoet  rp  fiouX^  jcoi  t^  S^/iy: 
thea  the  tribe  was  mentioned  in  whose  piytany 
de  decree  was  passed  ;  dien  the  names  of  the 
•ffafqutrw^  or  scribe,  apd  chairman ;  and  hisdy  that 
•f  the  antfaor  of  the  resolntioo.  Examples  of  this 
hem  occur  in  Andocides  {De  MjpL  p.  1 3) :  thus — 
"EBs^c  rp  ^^Af  irol  r^  9^^,  Aioan-li  ^vpvrdyfvc, 

Aiy^qw  ow^ypu4>gy.  (Omp.  Thuc  It.  118.) 
Fnoi  the  arehonship  of  Eudeides  till  about  &  c 
^  the  decrees  eommenee  with  the  name  of  the 
uthon ;  then  come  the  day  of  the  month,  the  tribe 
k  ofice,  and  lasdy  the  name  of  the  proposer.  The 
Bstive  far  pasKi^  the  decree  is  next  stated ;  and 
then  foOowi  the  decree  itself  prefoeed  widi  the 


BOULE. 


311 


formula  M^x^  rff  fiovkff  jral  rf  H/a^  The 
reader  b  referred  to  Demosthenes,  De  Cbroao,  for 
examples.  After  bl  c.  325,  another  form  was  used, 
which  continued  unaltered  till  the  latest  times, 
(Schumann,  p.  136,  tiansL) 

Mention  has  just  been  made  of  the  7pa^i^i«r«i^, 
whose  name  was  sfBxed  to  the  if^^fiara,  ss  in 
the  example  given  above^  He  was  a  clerk  chosen 
by  lot  by  the  senate,  in  every  prytany,  for  the  pur- 
pose of  keepii^  the  records,  and  resolutions  passed 
during  that  period ;  he  was  called  the  derk  ac- 
oording  to  the  pryteny  {6  uarii  wpvrorelar),  and 
the  name  of  the  derk  of  the  first  prytany  was 
sometimes  used  to  designate  the  year.  (Pollux, 
viil  98 ;  BSckh,  I'mU,  Eeom.  of  Atkema,  p.  186, 
2nded.) 

With  respect  to  the  power  of  the  senate,  it  must 
be  deariy  understood  that,  except  in  cases  of  small 
importance,  they  had  only  the  right  of  originating, 
not  of  finally  deciding  on  public  questaona,  Since, 
however,  the  senators  were  conyened  by  the  pry* 
tanea  every  day,  except  on  festivals  or  A^rrot 
^/UpM  (Pollux,  viil  95),  it  is  obvious  that  ther 
would  be  fit  recipiente  of  any  intelligence  aflTeci- 
iog  the  intereste  of  the  state,  and  it  is  admitted 
that  they  had  the  right  of  proposing  aop  measure 
to  meet  the  emergency  ;  for  example,  we  find  that 
Demosthenes  gives  them  an  account  of  the  conduct 
of  Aeschines  and  himself,  when  sent  out  as  ambaa. 
sadors  to  Philip,  in  consequence  of  which  they  pro- 
pose a  bfll  to  the  people.  Again,  when  Philip  seized 
on  Elateia  (bl  c.  338),  the  senate  was  immediately 
called  together  by  the  prytanes  to  determine  what 
was  best  to  be  done.  (Dem.  De  FaL  Leg.  p. 
346,  De  Cor.  p.  284.)  But,  besides  possessing  the 
initiatory  power  of  which  we  have  spoken,  the 
senate  was  sometimes  delegated  by  the  people  to 
determine  absolutoly  about  particular  matters,  with- 
out reference  to  the  assembly.  Thus  we  are  told 
(Dem.  De  FaL  Leg,  p.  389)  that  the  people  gave 
die  senate  power  to  decide  about  sending  ambas- 
sadors \o  Philip  ;  and  Andoddes  (n«pl  Mvony- 
p(W)  informs  us  that  the  senate  was  invested 
with  absolute  authority  (^k  TJkp  oinoKpArwp\  to 
investigate  the  outrsges  committed  upon  the  statues 
of  Hermes,  previoudy  to  the  sailing  of  the  Sicilian 
expedition. 

Sometimes  also  the  senate  was  empowered  to 
act  in  conjunction  with  the  nomothetae  (ovtfo- 
/ioderciy),  as  on  the  revision  of  the  laws  after 
the  expulsion  of  the  Thirty  by  Thrssybulus  and 
his  party,  &  c.  403.  (Andoc  De  MyeL  p.  12  , 
Dem.  e,  Ttmoer.  p.  708.)  Moreover,  it  waa  the 
province  of  the  senate  to  receive  elaayyeXiai,  or 
informations  of  extraordinary  crimes  committed 
against  the  state,  and  for  which  there  was  no  spe- 
cial law  provided.  The  senate  in  such  cases  either 
dedded  themselves,  or  referred  the  case  to  one  of 
the  oouzta  cf  die  heliaea,  especially  if  they  thought 
It  required  a  higher  penalty  than  it  was  competent 
for  them  to  impose,  vis.,  500  drachmae.  It  was 
also  their  duty  to  dedde  on  the  qualification  of 
magistrates,  and  the  character  of  members  of  their 
own  body.  But  besides  the  duties  we  have  enu- 
merated, the  senate  discharged  important  fimctions 
in  cases  of  finance.  All  legislative  authority,  in- 
deed, in  such  nmtters  rested  with  the  people,  the 
amount  of  expenditure  and  the  sources  of  revenue 
being  determined  by  the  decrees  which  they 
passed ;  but  the  administration  was  entrusted  to 
the  senate,  as  the  executive  power  of  the  state, 
p  2 


212 


BOULE. 


/ 


f 


and  responsible  (iv^Mvyos)  to  the  people.  Thus 
Xenophon  {De  Rep,  Ath.  iii.  2)  tells  as  that  the 
senate  was  occupied  with  providing  money,  with 
receiving  the  tribute,  and  with  the  management  of 
naval  a^Surs  and  the  temples ;  and  Lysias  (e. 
Nicom,  p.  185)  makes  the  following  remark:  — 
*^  When  the  senate  has  sufficient  money  finr  the 
administration  of  affiurs,  it  does  nothing  wrong ; 
but  when  it  is  in  want  of  funds,  it  reoeives  in- 
formations, and  confiscates  the  property  of  the 
citizens.**  The  letting  of  the  duties  (rcXdyoi)  was 
also  imder  its  superintendence,  and  those  who 
were  in  possession  of  any  sacred  or  public  moneys 
(7cfM  jcou  lata)  were  bound  to  pay  them  into 
the  senate-house ;  and  in  defiuilt  of  payment,  the 
senate  had  the  power  of  enforcing  it,  in  conformity 
with  the  laws  for  the  fiiiming  of  the  duties  (m 
TffXtfKucol  K^/ioi).  The  accoonts  of  the  moneys 
that  had  been  received,  and  of  those  still  re- 
maining due,  were  delivered  to  the  senate  by  the 
apodectae,  or  public  treasurers.  [Apodsctab.] 
**  The  seuate  arranged  also  the  application  of  the 
public  money,  even  in  triflii^  matters,  such  as  the 
sakuy  of  the  poets ;  the  superintendence  of  the 
cavalry  maintained  by  the  state,  and  the  ex- 
amination of  the  infirm  {hJH^vaeroi)  supported  by 
the  state,  are  particularly  mentioned  among  its 
duties  ;  the  public  debts  were  also  paid  under  its 
direction.  From  this  enuraeiation  we  are  justified  in 
infioring  that  all  questions  of  finance  were  confided 
to  its  supreme  reguhition.**  (Bockh,  PtilbL  Eoom. 
of  Athm$^  p.  15^  2nd  ed.)  Another  very  im- 
portant duty  of  the  senators  was  to  take  care  that 
a  certain  number  of  triremes  was  built  every  year, 
for  which  purpose  they  were  supplied  with  money 
by  the  state  ;  in  defiuilt  of  so  doing,  they  were  not 
allowed  to  claim  the  honour  of  wearing  a  crown, 
or  chaplet  {irri^€»os\  at  the  expiration  of  their 
year  of  office.     (Arg,  OraL  e.  Androt.) 

It  has  been  already  steted  that  there  were  two 
classes  or  sets  of  proedri  in  the  senate,  one  of 
which,  amounting  to  ten  in  number,  belohged  to 
the  presiding  tribe ;  the  other  consisted  of  nine, 
chosen  by  lot  by  the  chairman  of  the  presiding 
proedri  £rom  the  nine  non-presiding  tribes,  one 
from  each,  as  often  as  either  the  senate  or  the  peo- 
ple were  convened.  It  must  be  remembered  that 
they  were  not  elected  as  the  other  proedri,  for 
seven  days,  but  only  for  as  many  hours  as  the 
session  of  the  senate,  or  meeting  of  the  people, 
lasted.  Now  it  has  been  a  question  what  were 
the  respective  duties  of  these  two  classes :  but  it 
appears  clear  to  us  that  it  was  the  proedri  of  the 
pristdinff  tribe  who  proposed  to  the  people  in 
assembly,  the  subjects  for  discussion  ;  recited,  or 
caused  to  be  recited,  the  previous  bill  (irpoioi- 
Ktvfta)  of  the  senate ;  officiated  as  presidents  in 
conjunction  with  their  iinvrdrTis,  or  chairman,  and 
discharged,  in  fact,  all  the  functions  implied  by  the 
'  Words  xP^i^'^K'^^^  ^P^f  'v^*'  ^fj/ioy.  For  ample 
arguments  in  support  of  this  opinion  the  reader  is 
referred  to  Schomann.  (De  Chm,  p.  83L  transl.) 
It  does  indeed  appear  from  decrees  furnished  by 
inscriptions,  and  other  authorities,  that  in  later 
time  the  proedri  of  the  nine  tribes  exercised  some 
of  those  functions  which  the  orations  of  Demos- 
thenes, and  his  contemporaries,  justify  us  in  assign- 
ing to  the  proedri  of  the  presiding  tribe.  It  must, 
however,  be  remarked  that  all  such  decrees  were 
passed  after  b.  a  308,  when  there  were  twelve 
tribes ;  and  that  we  cannot,  from  the  practice  of 


BOULE. 
those  days,  arrive  at  any  condurions  relative  €o  t 
customs  of  former  ages. 

If  it  is  asked  what,  then,  were  the  duties  oF  tb^i 
proedri  in  earlier  times,  the  answer  mnat  be  ixi 
great  measure  conjectural ;  but  the  opiiucKXX 
Schumann  on  this  point  seems  very  plaoaible.  JF 
observes  that  the  prytanes  had  extenaive  and  ix 
portant  duties  entrusted  to  them  ;  that  they  ^mrc 
all  of  one  tribe,  and  therefore  dosely  conxics-tc^ 
that  they  officiated  for  35  days  as  presidents  o^  tl 
representatives  of  the  other  tribes  ;  and  that  -Ibe 
had  ample  opportunities  of  combining  far  the  \^co€ 
fit  of  their  own  tribe  at  the  expense  of  the  oonunc 
nity.  To  prevent  this,  and  watch  their  oandnc 
whenever  any  business  was  brought  before  t-h 
senate  and  assemUy,  may  have  been  the  leaeon  £o 
appointing  by  lot,  nine  other  quasi -presidrn  ts»  ro 
presentatives  of  the  non-presidii^  tribes,  who  wool  ^ 
protest  and  interfere,  or  approve  and  sanction  9i 
they  might  think  fit  Supposing  this  to  have  been 
the  object  of  their  iqipomtmcnt  in  the  first  instanoe. 
it  is  easy  to  see  how  they  might  at  last  have  b«en 
united  with  the  proper  proedn,  in  the  perfonnance 
of  duties  originally  appropriate  to  the  lattec 

In  connection  with  the  proedri  we  meet  -mrith 
the  expression  4  vpoeB/M^iwa  ^vA^.     Our    in- 
formation on  this  subject  is  derived  from  the  apeeeh 
of  Aeschines  against  Timarchus,  who  inibnna  ua, 
that  in  consequence  of  the  unseemly  conduct  of 
Timarchus,  on  one  occasion,  before  ^e  assembly, 
a  new  law  was  passed,  in  virtue  of  which,  a  tribe 
was  chosen  by  lot  to  keep  ordeiv  and  sit  as  presi- 
dents under  the  /S^fto,  or  pUtfonn  on  whicb  the 
oraton  stood.     No  remark  is  made  on  the  aubject 
to  warrant  us  in  su{^wsing  that  senators  onlj-  'were 
elected  to  this  office  ;  it  seems  more  probable  that 
a  certain  number  of  persons  was  chosen  firom   the 
tribe  on  which  the  lot  had  fiillen,  and  eommisaiooed 
to  sit  along  with  the  prytanes  and  the  proedri,  and 
that  they  assisted  in  keeping  order.      We    may 
here  remaric  that  if  any  of  the  speaken  (p^opts) 
misconducted  themselves  either  in  the  senate  or 
the  assembly,  or  were  guilty  of  an^  act  of  violence 
to  the  iwurrdrris,  after  the  breakmg  up  of  either, 
the  proedri  had  the  power  to  inflict  a  srnnnwiy 
fine,  or  bruog  the  matter  before  the  senate  and 
assembly  at  Ue  next  meeting,  if  they  thonght  the 
case  required  it 

The  ineetings  of  the  senate  were,  as  we  learn 
from  various  passages  of  the  Attic  orators,  open  to 
strangers ;  thus  Demosthenes  {DeFaL  Leg.  p.  S46) 
says  that  the  senate-house  was,  on  a  pardcolar  oc- 
casion, full  of  strangers  (juffrhv  jjy  mmitw)  z  in 
Aeschines  (e.  CUe.  p.  71.  20)  we  read  of  a  motion 
**  that  strangers  do  withdraw  ^  (jJLeraaryiadfjbetHts 
Tohs  Vii^asy  Dobree,  Adeen.  vol.  L  p.  542).  Nay, 
private  individuals  were  sometimes,  by  a  special 
decree,  authorised  to  come  forward  and  give  advice 
to  the  senate.  The  senate-house  was  called  th 
fiovKtvHiptoy,  and  contained  two  chapels,  one  of 
Zfbs  fiouXatos,  another  of  *A99»w  /BouXcUo,  in 
which  it  was  customary  for  the  senators  to  oiler 
up  certain  prayers  before  proceeding  to  business. 
(Antiph.  De  Omt,  p.  787.) 

The  prytanes  alw>  had  a  building  to  hold  their 
meetings  in,  where  they  were  entertained  at  the 
public  expense  during  their  prytany.  This  was 
called  the  wfnnayetoy^  and  was  used  fi>r  a  variety 
of  purposes.  [Prttanxion.]  Thucydides  (ii. 
15),  indeed,  tells  us  that  before  the  time  of  The- 
seus every  city  of  Attica  had  its  fiouXtwrriptay  and 


BRACAE. 

a  Btetement  whidi  gives  additional 
lappofft  to  the  ofunion  tliat  Solan  did  not  originate 
tfie  senate  at  Athena 

The  mnnhfT  of  tribes  at  Athens  yna  not  always 
tRi ;  an  altecatian  took  place  in  bl  &  S06,  when 
Deaetria  Poliorcetes  had  liberated  the  city  from 
tbe  Bsoqiatiaii  of  Casnnder.  Two  were  then 
added,  sad  called  Demetrias,  and  Antigeois,  in 
haosm  of  DemetriBS  and  his  €sther.  It  is  evident 
that  this  change,  and  the  consequent  addition  of 
100  memben  to  the  senate,  most  hare  varied  the 
erda  sad  lesigtb  of  ^e  prytanes.  The  tribes  just 
B^aitiaoed  vcte  aftcrwaids  called  Ptolemais  and 
Acfalis ;  and.  in  the  time  of  Hadrian,  who  bean- 
ti£.^  and  improred  Athens  (Pons.  L  18.  §  6X  a 
t&inecoth  waa  added,  called  from  him  Hadrianis. 
An  edict  of  this  emperor  has  been  preserved,  which 
psores  that  even  in  his  time  the  Athenians  kq>t  up 
the  show  of  their  fbtmer  institutions.  (Hermann, 
GrweL  StaatmUttrtk.  §  125,  &c  ;  Schtfmann,  De 
GmJtHrAHkmimn'mm.)  [R.  W.] 

BOULEU'SEOS  GRAPHE'  (/SouXc^cwr 
T^o^),  an  impeaehmcBt  for  conspirscy.  Bov\c^ 
rears,  being  in  this  case  the  abbreviated  form  of 
iwiimAMwtj  is  tbe  nameof  two  widely  different 
actkMM  at  Attic  lav.  The  first  was  the  accosation 
•f  coospiraey  against  life,  and  might  be  instituted 
by  the  penga  thexeby  attacked,  if  competent  to 
Wing  aa  actioo  ;  if  otherwise,  by  his  or  her  legal 
pstno  (cipies).  In  case  of  the  plot  having  suc- 
ceeded, the  deceased  might  be  represented  in  the 
praecatian  by  near  kinsmen  (ol  irrhs  iaff^i6rrrros\ 
or,  if  they  vrere  incompetent,  by  the  ir^pcos,  as 
shore  raefttianed.  (Meier,  AtLProe.  p.  164.)  The 
criminality  of  the  aocosed  was  independent  of  the 
nsok  of  the  conspiracy  (HarpocratX  and  the 
pesslty,  upon  conviction,  was  the  same  as  that 
Bcaned  by  the  actual  murderers.  (Andoc  De 
Ifjat  pw  46.  5.)  The  presidency  of  the  court  upon 
a  tral  of  thia  kind,  as  in  most  Scjceu  ^wtKol^  be- 
ks^fid  to  the  king  aichon  (Meier,  Att,  Proe. 
PL  31*2),  and  the  court  itself  was  composed  of  the 
cphetae,  sitting  at  the  Palladium,  according  to 
Ijaess  and  Aristotle,  as  cited  by  Harpocration, 
witt,bowevex^  also  mentions  that  the  areiopogus 
if  itated  by  Deinarchns  to  have  been  the  proper 
trifaonaL 

Tht  other  action,  fiauXtiaet^,  was  available 
^n  a  person  finding  himself  wrongfully  inscribed 
M  a  state  debtor  in  the  registers,  or  rolls,  which 
voe  kept  by  the  diflerent  financial  officers.  Meier 
{AtL  Froc  pu  339X  however,  suggests  that  a  msr 
fistnte  that  had  so  offended,  would  probably  be 
proceeded  against  at  the  tii$6inL,  or  hrix^ipvrovUu^ 
the  two  occauons  upon  which  the  public  conduct  of 
iBsgiitEBtes  was  examined;  so  that  generally  the 
defendant  in  this  action  would  be  a  private  citizen 
that  had  directed  such  an  insertion  at  his  own 
peril  From  the  passage  in  Demosthenes,  it  seems 
doabtfiil  whether  the  disenfranchisement  (&ti^) 
4^  the  plaintiff  as  a  state-debtor  was  in  abeyance 
vhUe  this  action  vras  pending.  Demosthenes  at 
fint  asserts  (c  AriMiog,  L  p.  778.  19),  but  aftcr- 
vaids  (p.  792.  1)  orjpes  that  it  was  not  (See, 
kwem,  Meier,  Att.  Proe,  p.  340,  and  Biickh'S 
note.)  The  distinction  between  this  action  and 
the  KBilar  one  i^cvSeyTpo^s,  is  ezpUined  under 
the  ktter  title.  [J-  S.  M.] 

BOULEUTEHION.     [Bouli,  p.  212,  b.] 
BRACAE  or  BRACCAE  (Airo^iipiJcf),  trow- 
sm,  psBtsloons^    These,  as  well  as  various  other 


BHASIDEIA. 


213 


articles  of  armour  and  of  dress  [Acinacbs,  Abcto, 
AaMltLA],  were  common  to  all  the  nations  which 
encircled  the  Greek  and  Roman  popuUtion,  ex- 
tending from  the  Indian  to  tbe  Atlantic  ocean. 
Hence  Aristagoras^  king  of  Miletns,  in  his  inter* 
view  with  Cleomenes,  king  of  Sparta,  described 
the  attire  of  a  large  portion  of  them  in  these  tenns: 
— '*They  carry  bows  and  a  short  spear,  and  go 
to  battle  in  trowsers  and  with  hats  upon  their 
heads.**  (Herod,  v.  49.)  Hence  also  the  phrase 
BraeoaH  wtiUtii  oroHS,  signifying  that  those  who 
wore  trowseis  wers  in  general  armed  with  the 
bow.  (Propert  iii.  S.  17.)  In  particular,  we 
an  informed  of  the  use  of  trowsen  or  pantaloons 
among  the  fidlowing  nations:  —  the  Modes  and 
Persians;  the  Parthians;  the  Phrygians;  the 
Sacae ;  the  Sarmatae ;  the  Dacians  and  Oetae  ; 
the  Tentones ;  the  B^gae ;  the  Britons ;  and  the 
Gauls. 

The  Latin  word  braeea§  b  the  same  as  the 
Scottish  *^breeks**  and  the  English  **  breeches.** 
Cocresponding  terms  are  used  in  all  the  northern 
languages.  Also  the  Cossack  and  Persian  trowsers 
of  the  present  day  differ  m  no  material  respect 
from  those  which  were  andentiy  worn  in  the  same 
countries.  In  sndent  monuments  we  find  the 
above-mentioned  people  constantly  exhibited  in 
trowsers,  thus  clearly  distinguishing  them  fivm 
Greeks  and  Romans.  An  example  is  seen  in  the 
annexed  group  of  Sarmatians,  taken  firarn  the  co- 
lumn of  Trajan. 


Trowsers  were  principally  woollen  ;  but  Agathias 
states  {Hi$L  il  5)  that  in  Europe  they  were  also 
made  of  linen  and  of  leather ;  probably  Uie  Asiatics 
made  them  of  cotton  and  of  silk.  Sometimes  they 
were  striped  {virgataey  Propert.  iv.  11.  43),  and 
ornamented  with  a  woof  of  various  colours  (roacf  Aoi, 
Xen.  Anab.  L  5.  §  8).  The  Greeks  seem  never  to 
have  worn  them.  They  were  also  unknown  at 
Rome  during  the  republican  period  ;  and  in  a.  d. 
69  Caecina  gave  great  offence  on  his  march  into 
Italy,  because  he  wore  Arooooe,  which  were  re- 
garded as  tegmen  barbarum.  (Tac.  Hi$t.  iL  20.) 
In  the  next  century,  however,  they  gradually  came 
into  use  at  Rome ;  but  they  would  appear  never  to 
have  been  generally  worn.  It  is  recorded  of 
Alexander  ^verus  that  he  wore  white  braocac, 
and  not  crimson  ones  (cocoiaeew),  as  had  been  the 
custom  with  preceding  emperors.  The  use  of  them 
in  the  city  was  forbidden  by  Honorius.  (Lomprid. 
Alest.  Sever,  40.)  [J.  Y.] 

BRASIDEIA  {fifa4rlBtM\  a  festival  celebrated 
p  3 


'^ 


214 


BRAURONIA. 


at  Sparta  in  honour  of  their  great  general  Bnuidai, 
who,  after  hit  death,  in  &&  422,  receireA  the 
honours  of  a  hero.  (Pana.  iii.  14.  §  1 ;  Ariatot. 
EtlL  Nie,  T.  7.)  It  waa  held  every  year  with 
orations  and  contests,  in  which  none  hut  Spartans 
were  allowed  to  partake. 

Bmsideia  were  also  celebrated  at  Amphipolis, 
which,  though  a  colony  of  Athens,  transferred  the 
honour  of  itrlarris  from  Hagnon  to  Brasidas,  who 
was  buried  there,  and  paid  him  heroic  honoun  by 
an  annual  festival  with  sacrifices  and  contests. 
(Thucyd.T.  11.)  [L.  S.] 

BRAURO'NIA  {$pau(H&yta\  a  festiyal  cele- 
brated  in  honour  of  Artemis  Branronia,  in  the 
Attic  town  of  Braunn  (Herod.  tL  138),  where, 
according  to  Pansanias  (I  23.  §  9,  83.  §  1,  ill  16. 
§  6,  viii  46.  §  2),  Orestes  and  Iphigeneia,  on  their 
return  from  Tanris,  were  supposed  by  the  Athenians 
to  hare  landed,  and  left  the  statue  of  the  Taurian 
goddess.  (See  Miiller,  Dor,  i.  9.  §  5  and  6.)  It 
was  held  every  fifth  year,  under  the  superintend- 
ence of  ten  Upovoioi  (Pollux,  viii  9, 31 ) ;  and  the 
chief  solenmity  consisted  in  the  circumstance  that 
the  Attic  girls  between  the  ages  of  five  and  ten 
years,  dressed  in  crocus-ooloured  garments,  went  in 
solemn  procession  to  the  sanctuary  (Suidas,  t. «. 
"ApKToi ;  SchoL  on  Arutopk,  l^ftidr.  646),  where 
they  were  consecrated  to  the  goddess.  During 
this  act  the  Upowotol  sacrificed  a  goat  and  the 
girls  performed  a  propitiatory  rite  in  which  they 
imitated  bears.  This  rite  may  have  arisen  simply 
from  the  circumstance  that  the  bear  was  sacred  to 
Artemis,  especially  In  Arcadia  (MUller,  Dor.  ii.  9. 
§  3);  but  a  tradition  preserved  in  Suidas  (sle. 
^ApKTos)  relates  its  origin  as  follows:  —  In  the 
Attic  town  of  Phanidae  a  bear  was  kept,  which 
was  so  tame  that  it  was  aUowed  to  go  about  quite 
freely,  and  received  its  food  fix>m  and  among  men. 
One  day  a  girl  ventured  to  play  with  it,  and,  on 
treating  the  animal  rather  harshly,  it  turned  round 
and  tore  her  to  pieces.  Her  brothers,  enraged  at 
this,  went  out  and  killed  the  bear.  The  Athenians 
now  were  visited  by  a  plague ;  and,  when  they 
consulted  the  oracle,  the  answer  was  given  that 
they  would  get  rid  of  the  evil  which  had  befallen 
them  if  they  would  compel  some  of  their  citizens 
to  make  their  daughters  propitiate  Artemis  by  a 
rite  called  ^rr«^iy,  for  the  crime  committed 
against  the  animal  sacred  to  the  goddess.  The 
command  was  more  than  obeyed ;  for  the  Athenians 
decreed  that  from  thenceforth  all  women,  before 
they  could  marry,  should  have  taken  part  once  in 
this  festival,  and  have  been  consecnted  to  the 
goddess.  Hence  the  girls  themselves  were  called 
ipicToi,  the  consecration  AfMcrcco,  the  act  of  con- 
secrating iipicTt6^ip,  and  to  celebrate  the  festival 
^jcrc^ctf^ou.  ( Hesych.  and  HarpocraL  «.  v. ; 
SchoL  on  ArittcjA.  Le.)  But  as  the  girls  when 
they  celebrated  this  festival  were  nearly  ten  years 
old,  the  verb  8cicarc<)ciy  was  sometimes  used  in- 
stead of  ^rrc^ir.  (Comn.  C.  F.  Hermann,  Hondb. 
der  ffoiie$dienaa,  AHerih.  %  62.  note  9,) 

There  was  also  a  quinquennial  festival  called 
Branronia,  which  was  celebrated  by  men  and  dis- 
solute women,  at  Brauron,  in  honour  of  Dionysus. 
(Aristoph.  7\ur,  870,  with  the  note  of  the  Scho- 
liast ;  and  Suidas  «.  v.  hpaup^v,)  Whether  its 
celebration  took  place  at  the  same  time  as  that  of 
Artemis  Branronia  (as  has  been  supposed  by 
MUller,  Dor,  ii.  9.  §  5,  in  a  note,  which  has,  how- 
ever, been  omitted  in  the  English  transUition),  must 


BRSVIARIUBL 

remain  uncertain,  although  the  very  dilfawnt  dia- 
racters  of  the  two  festivals  indine  u  lather  to 
believe  that  they  were  not  odehrated  at  the  aame 
time.  Aocoiding  to  Hesychioa,  whose  statcsnent, 
however,  is  not  supported  by  any  ancient  antbority, 
the  Iliad  was  recited  at  the  Bomionian  featxval  of 
Dionysus  by  rhapsodists.  (Compi.  Hematprh.  ad 
PoUnoBm^  ir.  74 ;  Welcker,  Der  EpiaAe  Quobu, 
p.  391.)  [L-  S.] 

BREVIA'RIUM,  or  BREVIA'RIUM  ALA- 
RICIA'NUM.  AJaric  the  Second,  king  of  the 
Visigoths,  who  reigned  firom  a.  Du  484  to  a.  o.  507, 
in  the  twenty  aecond  year  of  his  rogn  (a^j*.  506) 
'    '    led  a  1    "      " "    "  -   -  -     — 


commissioned  a  body  of  jurists,  probaUj  \ 
to  make  a  selection  from  the  Roman  lawa  and  the 
Roman  law  writers,  which  should  fbnn  a  eode  lor 
the  use  of  his  Roman  subjects.  The  code,  wrben 
made,  was  confirmed  by  the  bishops  and  nobilhy  at 
Adnris  (Aire  in  Gascony) ;  and  a  copy,  aigned  by 
Anianua,  the  referendarins  of  AJaric,  waa  aent  to 
each  comea,  with  an  order  to  use  no  other  law  or 
legal  form  in  his  court  (id  m/bro  teo  nmiia  aUa  lea 
nBqniBJvritJbfmMUi  jM\>fBni  vd  rteipi  praetmmaimr). 
The  signature  of  Anianus  was  for  the  jMorpooe  of 
giving  authenticity  to  the  official  copies  of  the  code ; 
a  cireumstance  which  has  been  so  &r  mJannHf^ratoud 
that  he  has  sometimes  been  considered  aa  the  com- 
pile of  the  code,  and  it  has  been  called  Breviariinn 
AnianL  This  code  has  no  peculiar  name,  ao  far 
as  we  know:  it  was  called  Lex  Romana  Viai- 
gothorum,  and  at  a  later  period,  frequently  Lex 
Theodosii,  from  the  title  of  the  first  and  moat  import- 
ant part  of  its  contents.  The  name  BreviariaiiL,  or 
Breviarium  Alaricianum,  does  not  i^pear  befiue 
the  sixteenth  century. 

The  following  are  the  contents  of  the  Breriariiuii, 
with  their  order  in  the  code: — 1.  Codex  Theo- 
dosianus,  xvi  books.  2.  Novelbie  of  Theodoaiua  ii, 
Valentinian  iii,  Mardan,  Hajorian,  Sevema.  3. 
The  Institutions  of  Oaius,  ii  books.  4.  Pauli 
Receptae  Sentendae,  v  hooka.  5.  Codex  Qrego- 
rianus,  v  books.  6.  Codex  Hermogeniaana^  i 
book.     7.  Papinianus,  lib.  L  Respoosonim. 

The  code  was  thus  composed  of  two  kinda  of 
materials,  imperial  constitutions,  which,  both  in  the 
code  itself  and  the  commonitorium  or  notke  pre- 
fixed to  it,  are  called  Lepet ;  and  the  writinga  of 
Roman  jurists,  which  are  called  Jus.  Both  the 
Codex  Or^gorianus  and  Hemuwenianiia,  being 
compilations  made  without  any  legal  authority, 
are  included  under  the  head  of  Jus.  The  aelee- 
tions  are  extracts,  which  are  accompanied  with 
an  interpretation,  except  in  the  case  of  the  In- 
stitutions of  Gaius  ;  as  a  general  rule,  the  text,  ao 
fiiras  it  was  adopted,  was  not  altered.  The  Inati- 
tutions  of  Gains,  however,  are  abridged  or  epito> 
mised,  and  such  alterations  as  were  considered 
necessary  fior  the  time  are  introduoed  into  the 
text :  this  part  of  the  work  required  no  interpte- 
tation,  and  accordingly  it  has  none.  There  are 
passages  in  the  epitome  which  are  not  taken  from 
GaiuiL    (Gaius,  iii  127,  ed.  Goeschen.) 

This  code  is  of  considerable  value  fi>r  the  hlstotj 
of  Roman  Uw,  as  it  contains  several  souroea  of  the 
Roman  law  which  are  otherwise  unknown,  especi- 
ally Paulus  and  the  five  first  books  of  the  Thco- 
dosian  code.  Since  the  discoveiy  of  the  Institu- 
tions of  Gaius,  that  part  of  this  code  is  of  less 
value. 

The  author  of  the  Epitome  of  Gaius  in  the        I 
Breviarium  paid  little  attention  to  retaining  the        ' 


BUCCINA. 


^iiDiw  and  the  M&  of  Garas  k  therefcra  offittle 


oi^^nia], 
tfaeM&o( 


of  the 


_  r  m  thk  pomftof  view.  The  Epttome  ia, 
iMveveiv  •tifl  qmAiI  m  thewingirluift  rabjecU  wen 
digDiecd  m  Oaua,  ami  thne  filling  up  (w  £»  m 
tlK  OBtmel  eontents  are  ooncemed)  aome  of  tlie 
beoaae  of  tlw  Yeroaa  MS. 

A  oomplete  editioa  of  thu  oode  ma  pabluhed 
br  Sidianl,  in  liis  Codex  TheodoaJanui,  Baatlcae, 
1538;  Ball  fiilkL  (Sdialting,  JunwprmdmHa  Vtimt 
Ji*^lHfibHBMU,   Li^   Bat.   1717;  Jm  Omfe 

J^r>ih'aiia ,  Ueriin,  1815  ;  Jolii  PaaUi  lU- 

ofL  SmitmL  tS^  t.  ed.  Andti,  Bonn,  1833 ; 
Sangn  J,  Ge^tMekte  dm  BSatm.  RaekU  im  Mittalaltar, 
a.  c  • ;  KBrkmg,  ImtHtuHtmim^  L  90,  &c. ;  Gaiui, 
Ptm/uti9  I^Hmam  EdUiom  Praemima.)      [O.  L.] 

BRUTTIA'NI,  afaiTca  wbote  duty  it  was  to 
wt  npoB  Ike  Roman  maipstrateib  They  an  laid 
to  ban  bean  eriginally  taken  fnm  among  the 
Ikattiaaa,  hrcawae  tbia  people  eontinued  from  fint 
ti  ImC  frkfafiil  to  Hannibal  (Featna,  ju «. Brmttiam; 
GciLx.3);  but  Niebnhr  (^Mt.  </ AiaM,  toI  iii. 
Bocad44)  IB  diapoaed  to  think  that  these  eervante 
Wr  this  name  long  before,  since  both  Strebo  (tL 
TlSSo)  and  IModoraa  (zri.  15)  state  that  this  word 
s^aiSed  remhed  daTek 

BU'OCINA  OMcdrn),  a  kind  of  hom-tnmipet, 
■dently  made  out  of  a  shelL  It  b  thus  happily 
dcacDbed  by  Ovid  (JML  L  335):— 

"  Gai«  bnccina  somitor  illi 
TortiKs,  in  latnm  qoae  turbine  cresdt  ab  imo: 
Bnodoa,  qaae  in  medio  onooepit  ut  a£ra  ponto, 
Littoa  voce  replet  sob  utroque  jaoentia  Phoebo.^ 


BULLA.  913 

In  later  times  it  was  eaired  fiom  honi| 
and  perhaps  from  wood  or  metal,  so  as  to  imitate 
the  sheU.  The  iaocMa  was  chiefly  used  to  pro- 
daim  the  watches  of  the  dav  (Senec.  TkguL  798) 
and  of  the  night,  hence  called  hmeeima  prima^  «9> 
c— rfg,  &C.  (Pdyb.  sir.  3 ;  Lit.  sonri.  15 ;  8iL 
ItaL  Tii  154 ;  Pnipert.  it.  4.  63 ;  Cie.  Fro  Mmr. 
9.)  It  was  also  blown  at  Ibnenls,  and  at  festive 
entertainments  both  befon  sitting  down  to  table 
and  after.  (Tadt  Jaa.  3nr.  SO.)  Macrebios  (i.  8) 
tells  OS  that  tritons  holdmg  bmeemM  wen  fixed  on 
the  roof  of  the  temple  of  Satan. 

The  mosiciui  who  ^yed  the  iaowaa  was  called 
ftaeemolor.  [B.  J.] 

BULLA,  a  dicular  phte  or  bom  of  metal,  so 
called  from  its  resembhmce  in  foim  to  a  babble 
floating  upon  water.  Bright  stnds  of  this  descrip- 
tion wen  nsed  to  adorn  the  sword-belt  {amrta 
bmOig  emnUoj  Viig.  ^ea.  ix..  359 ;  Mtts  taper 
baltem»y  Sid.  ApoL  Cbna.  2).  Another  use  of 
them  was  in  doon,  the  narts  of  which  were  fiw- 
tened  together  by  bnus-hcaded,  or  eyen  by  gold- 
headed  nails.  (Plaut  Amm.  ii  4,  20;  Cic.  Verr. 
IT.  56.)  The  magnificent  bronse  doors  of  the 
Pantheon  at  Rome  an  eniiched  with  highly  orna* 
mented  bosses,  some  of  which  are  hen  shown. 


The  amsiGal  instrament  btudita  neariy  resembled 
B  shape  the  ahell  Aaoemani,  and,  like  it,  might 
afaaast  be  deaeribed  from  the  above  lines  (in  the 
IsBgeage  of  ecnchologisuX  as  spini  and  gibbons. 
The  two  dia;wingB  in  the  annexed  woodcnt  agree 
viih  this  aceonnt.  In  the  fint,  taken  from  a  frieae 
(Barney^  Butanf  if  M^me^  voL  L  pi.  6X  the 
iwoM  is  cnnred  lor  the  convenience  of  the  per- 
fcniec,  widi  a  Teiy  wide  mouth,  to  diBfnse  and 
iacreaae  the  somid.  In  the  next,  a  copy  of  an 
aciest  senlptnre  taken  from  Blanchini'S  work  {De 
MaidtJwMnm,  Feterwa,  p.  15.  pL2,  18),  it  stiU 
I  the  original  form  of  the  sfaelL 


The  inaeriptiona  quoted  by  Bsrtholini  (De  TOtti, 
Iil226)  seem  to  prove  that  the  5«ocMa  was  distinct 
fim  the  eormm;  but  it  is  often  (as  in  Aem.  vil 
519)  eonlbanded  with  it  The  bucdna  seems  to 
\aLtt  been  chiefly  distinguished  by  the  twisted 
fam  of  the  iheU,  firam  whidi  it  was  originally 


We  most  frequently  read,  however,  of  bullae  as 
ornaments  worn  by  children  suspended  ftam  the 
neck,  and  especially  by  the  sons  of  the  noble  and 
wealthy.  Such  a  one  is  called  kmnm  btiUaitu  by 
Juvenal  {Sat  xiv.  4).  His  bulla  was  made  of  thm 
pbtes  of  gold.  Its  usual  form  is  shown  in  the 
annexed  woodcut,  which  represents  a  fine  bulla 
preserved  in  the  British  Museum,  and  ii  of  the 
siie  of  the  originaL 


The  use  of  the  bulia^  like  that  of  the  praetexta, 
was  derived  from  the  Etniscans,  whence  it  is 
called  by  Juvenal  (v.  164)  aurum  Etnuemm.  It 
was  originally  worn  only  by  the  children  of  the 
patricians,  but  subsequently  by  all  of  free  birth  (Ci& 
p  4 


216 


BYSSUa 


Verr,  L  58) ;  while  children  of  the  libertini  were 
only  permitted  to  wear  an  omament  of  the  sanft 
kind  made  of  leather  {nodm  tamium  et  ngmtm  de 
pampert  loroy  Jnr.  t.  165 ;  Ubertifd»  toofteOy  Aicon. 
adGcLe,).  The  hoUa  was  hud  aside,  together 
with  the  praetexta,  and  was  oonsecmted  on  this 
occasion  to  the  Lares.  (Pers.  t.  31.)  Examples 
of  boys  represented  with  the  bnlla  are  not  unfre- 
quent  in  statues,  on  tombs,  and  in  other  works  of 
art.  (Spon,  MUc  p.  299 ;  Middlefam,  Ant  Mom, 
tab.  3.)  [J.  Y.] 

BURIS.    [Aratbdm.] 

BUSTUA'RII.    [FuNua] 

BUSTUM.    [FUNU8.] 

BUXUM  (w^foO)  preperlj  means  the  wood  of 
the  box  tree,  but  was  given  as  a  name  to  many 
things  made  of  this  wood.  The  tablets  used  for 
writmg  on,  and  coTered  with  wax  {tahmiae  ceraiae\ 
were  usually  made  of  this  wood.  Hence  we  read 
in  Propertins  (iii.  22.  8),  ^  Vulgari  boxo  sordida 
cent  fuit.^  These  tabdUne  were  sometimes  called 
ctrata  brnm.  In  the  same  way  the  Greek  wC^oy, 
formed  from  t^os,  **  box- wood,'*  came  to  be  ap- 
plied to  any  tablets,  whether  they  were  made  of 
this  wood  or  any  other  substance  ;  in  which  sense 
the  word  occurs  in  the  Septuagmt  (rk  mt^ia  rk 
XlOwei,  Eseod,  xxir.  12 ;  compare  /«.  xxx.  8 ;  Hab, 
iL2). 

Tops  were  made  of  box*wood  {voIMb  dturacm, 
Virg.  Am.  yil  382  ;  Pers.  iii.  51)  ;  and  also  all 
wind  instruments,  especially  the  flute,  as  is  the  case 
in  the  present  day  (Ot.  Ea  Font,  L  1. 45,  Met.  xii. 
158,  Fad.  tL  697 ;  Virg.  Am.  ix.  619).  Combs 
also  were  made  of  the  same  wood ;  whence  Juvenal 
(xiT.  194)  speaks  (A  caput  iniactmn  buxo. 

BYSSUS  (filnrtros).  It  has  been  a  subject  of 
some  dispute  whether  the  byssus  of  the  ancients 
was  cotton  or  linen.  Herodotus  (iL  86)  says  that 
the  mummies  were  wnpped  up  in  5^n«  sttuktm 
(trtMyos  fittvvirns  r«AafUMri),  which  Rosellini 
and  many  modem  writers  maintain  to  be  cotton. 
The  only  dedsiTe  test,  howercr,  as  to  the  material 
of  mummy  cloth  ii  the  microscope  ;  and  from  the 
numerous  examinations  which  have  been  made,  it 
is  quite  certain  that  the  mummy  doth  was  made 
of  flax  and  not  of  cotton,  and  therefore  whenever 
tlie  ancient  writen  apply  the  term  byssus  to  the 
mummy  cloth,  we  must  understand  it  to  mean 
linen. 

The  word  byssus  appears  to  come  from  the 
Hebrew  &«£r,  and  the  Greeks  probably  got  it 
through  the  Phoenicians.  (See  Gesenius*s  7Xs- 
tcmnu.)  Pausanias  (vl  26.  §  4)  says  that  the 
district  of  Elis  was  well  adapted  for  growing 
byssus,  and  remarks  that  all  the  people,  whose 
land  is  adapted  for  it,  sow  hemp,  flax,  and  b3rssus. 
In  another  passage  (v.  5.  §  2)  he  says  that  £lis  is 
the  only  place  in  Greece  in  which  byssus  grows, 
and  remarks  that  the  byssus  of  Elis  is  not  inferior 
to  that  of  the  Hebrews  in  fineness,  but  not  so  yel- 
low {fyu^).  The  women  in  Patiae  gained  their 
living  by  making  head-dresses  (ircicp^aAot),  and 
weaving  doth  from  the  byssus  grown  in  Elis. 
(Pans.  viL  21.  §  7.) 

Among  later  writprs,  the  word  byssus  may  per- 
haps be  used  to  indicate  either  cotton  or  Imen 
doth.  Bottiger  {Sabma^  vol  ii  p  105)  supposes 
that  the  byssus  was  a  kind  of  mudin,  which  was 
employed  in  making  the  celebrated  Coan  garments. 
It  is  mentioned  in  the  Gospd  of  St  Luke  (xvl  9) 
as  part  of  the  dress  of  a  rich  man.    (Compare  Km, 


CACABU8. 

xviii.  12.)  It  was  sometimes  dyed  of  a  porple  or 
crimson  colour  {fihovunnr  vop^i^povr,  Hcsych.). 
Pliny  (xix.  4)  speaks  of  it  as  a  spedes  of  flax 
(/mam),  and  says  that  it  served  wuimm.  waaam 
deUoUt.     (Yates,  Tmtrimm  AntiqHonm^  ^  267, 

&C.) 


C.K. 

CABEIHIA  (saecipia),myateriet,  festtTsU^and 
orgies  solemnised  in  all  places  in  whkh  the  Pelas- 
gian  Cabeiri,  the  most  mysterious  and  perplexing 
deities  of  Grecian  mythology,  were  wonhipped, 
but  especially  in  Samothrace,  Imbros,  Lenuni, 
Thebes,  Anthedon,  Peigamus,and  Beiytos.  (Psos. 
ix.25.  §5,iv.].  §5,  ix.  22.  § 5,  i  4. § 6  ;  EuMb. 
Prcup.  EtxMjf.  p.  31.)  Little  is  known  respecthi^ 
the  rites  observed  in  these  mysteries,  as  no  ooevsi 
allowed  to  divulge  them.  (Strabo,  x.  p.  470,  &c ; 
Apollon.  Rhod.  I  917;  Orph.  Arym.  469iysler. 
Flaoc.  ii.  435.)  Dia^otas  is  said  to  have  provoked 
the  highest  indignation  of  the  Athenians  by  hit 
having  made  these  and  other  mystoics  poUie: 
(Athenag.  Leg.  ii.  5.)  The  most  celd>iated  were 
those  of  the  isbmd  of  Samothrace,  which,  if  we 
may  judge  from  those  of  Lemnoa,  were  idenmued 
every  year,  and  lasted  for  nine  days.  The  admii- 
sion  was  not  confined  to  men,  for  we  find  instaneet 
of  women  and  boys  being  initiated.  (SchoL  ad 
Eurip.  Fkoen,  7;  Plut  Alex.  2 ;  Donatos orf Tmst 
Fkorm.  L  15.)  Persons  on  their  admiisian  leem 
to  have  undergone  a  sort  of  examination  reipect- 
ing  the  life  they  had  led  hitherto  (Plut  Laced. 
Apopktk.  AntaleUL  p.  141.  ed.  Tanduiits),  and 
were  then  purified  of  all  their  crimes,  even  if  they 
had  committed  murder.  (Livy.  xlv.  5 ;  SchoL  si 
TlteocnL  iL  12 ;  Hesydi.  «. «.  Kodis.)  The  priest 
who  undertook  the  purification  of  murderen  bore 
the  name  of  leoiiis.  The  persons  who  weie  ini- 
tiated reodved  a  purple  ribbon,  which  was  won 
around  their  bodies  as  an  amulet  to  preserve  them 
against  all  daggers  and  storms  of  the  sea.  (ScfaoL 
ad  ApoUom.  L  e. ;  Diodor.  v.  49.) 

Respecting  the  Lemnian  C^beiria  we  know  that 
their  annual  cdebmtion  took  place  at  n^ht  (Cic 
De  Nat  Dear,  i  42),  and  hsted  for  nine  dsyi, 
durinff  which  all  fires  of  the  island,  which  were 
thought  to  be  impure,  were  extinguished,  sacrifioes 
were  offered  to  the  dead,  and  a  sacred  veasel  wai 
sent  out  to  fetch  new  fire  from  Ddos.  Daring  tbeie 
sacrifices  the  Cabeiri  were  thought  to  be  absent  with 
the  sacred  vessel ;  after  the  return  of  which,  the 
pure  fire  was  distributed,  and  a  new  life  began, 
probably  with  banquets.  (SchoL  ad  ApoOon.  Rhod, 
L  608.) 

The  great  celebrity  of  the  Samothndsn  mrs- 
teries  seem  to  have  obscured  and  thrown  into  ob> 
livion  those  of  Lemnos,  frxxn  which  Pythsgonu  ii 
said  to  have  derived  a  part  of  his  wisdom,  (lan- 
blich.  Vit.  Pyth.  c  151 ;  compare  Mmer*»Frolepo 
msM,  Y"  l^^O  Concerning  the  cdebnUion  of  the 
Cabeiria  ui  other  phices  nothmg  is  known,  sad  thej 
seem  to  have  fiulen  into  decay  at  a  veiy  esrif 
period.  (Comp.  Guthbeilet,  De  Myttems  Dtonm 
Oabirorumj  Fnnequerse,  1704,  4tOL ;  Wdcker,ZK* 
Aeechyl.  7WZ.  p.  160,  &C. ;  E.  G.  Hanpt,  Jk  M- 
gUme  Oabiriaaa^  1834, 4to. ;  Lobeck,  Agiaopiamn, 
p.]281,&c;  Ketakk.TUJSIg^qf'Herod^p.^ 
&.C.)  [L.  S.] 

CACABUa      [AlTTHBFSA.] 


KAKOSia 

m  aa  actkm  tat  almnTe  lugiiage  m  the  Attk 
ceute.  This  aetkn  is  likewiie  caUed  ranryo^iov 
Bci  (DemL  ft  MuL  ^  6U\  Aaily (at  ttcif  (Si^KMr 
Inrfgyhy,  Arataph.  r«p.  1307),  nd  «HMA«7iaf 
Kdh  lUk  actJon  codd  be  faioQght  aguimi  m 
btdhidial  vlio  applied  to  aDOfther  oectain  abmiTe 
cpi^eCa,  ancii  m  dv^jp^^wet,  rarpoAAJoff,  ftc^ 
vkick  vefe  ndBded  vndcr  the  gcneod  naiae  of 
<i4#iia.  [AvoftRBSTA.]  It  waa  no  jvdiic»- 
tkai  tkit  theati  -wwda  wece  nokea  in  anger.  (Lyi. 
&  71  in  11.  ppt.  372»  37Sw>  By  a  law  of  Sdon  it 
vMabofbriHddentoape^eraofthedead;  and  if 
apoaoB  did  ao^  he  ma  liable  to  this  action,  which 
C0sld  be  bneght  against  him  bj  the  ncaieat  rda- 
liea  of  tlM  dpcraapii.  (Dem.  &  JCipCia.  pu  488,  & 
^1022;  Plaft.^MLe.21.)  If  anmdiTidoal 
d  any  eoe  who  waa  engaged  in  anj  poblie 
flfiee,  the  dfeoder  not  cadhf  aomred  the  ofdinaiy 
pnniihiafiil^  bnf  ineniiod  the  kat  of  hia  lifffata  as  a 
dttKB  (Ar^iiaX  nnee  the  state  was  considered  to 
koie  beok  inaiilled.     (Dem,  e.  Mid.  pu  524.) 

If  the  defendant  waa  eoBneted,  he  had  to  paj  a 
fee  ef  500  diadmBe  to  the  pbinti£  (Isoc  a. 
laeL  PL  9S6  ;  Ljbl  &  Tleeam.  p.  554.)  Phtareh, 
he^■^^pe^lne■tin■^a  that,  aceerdiiy  to  one  of  Solent 
kvi,  whoever  apoke  evil  of  a  peiaon  in  the  tonndea, 
csana  ef  jaatiee^  pnblio  offices,  or  in  pablie  icati- 
vds,  had  to  paj  fi^  diadiinae  ;  bat  as  Pfartner 
(/"^ocsss  M  dm  Attiheru^  yoLu,p,  192)  has  ob- 
MTved,  the  law  of  Solon  waa  probabij  changed, 
sad  the  heavier  fine  of  500  drachmae  sabstitnted 
m  the  phee  of  the  smaller  som.  Demosthenes, 
in  his  flsatian  against  Mddias  (pw  543)  speaks  of  a 
fine  of  1000  dzsefamae;  but  this  is  probably  to  be 
frphiard  by  supposing  that  Demosthenes  brought 
two  aetiana  mmi^yopUa  ;  one  on  his  own  account, 
ssd  the  other  on  acoonnt  of  the  insults  which 
amnitted  against  his  mother  and 
Tfaiaaetiaa  waaprotebly  bnoght  before  the 
athetao  (Dem.  «.  Mid.  p.  544),  to  whom  the 
ideted  Hp^msypa^^  bdonged.  The  two  speeches 
of  LysisB  against  Theenmestos  wen  spoken  in  an 
sctisBefthiakind. 

KAKOLCyOIAS  DIKE'.  [Kakmomab 
Dixx.] 

KAKO'SIS  (miMmau\  in  the  langoage  of  the 
Attic  law,  does  not  signify  ereiy  kind  of  ill-treat- 
mat,  hot 

L  ThsiD-tnatmentof  parents  bj  their  children 
(odsans  top^mt).  2L  Of  women  by  their  hns- 
bsnds  (fdmmns  Tvpaiimr),  3.  Of  heiresses  (mU 
mms  Tir  IncMpo'*')*  4*  Of  ofphaos  and  widows 
by  their  gaardiaas  or  any  other  penons  (itdintats 

L  Kdawns  ymiam  waacnmmitted  by  those  who 
Aack  their  paicnta,  or  applied  abnsiTo  epithets  to 
them,  ir  Rtaaed  them  the  meana  of  sqvport  when 
they  were  able  to  afibrd  it,  or  did  not  bory  them 
aft«  their  death  and  pay  them  proper  honooia. 
(Aiisleph.  An.  757, 1356 ;  Snidas,  $.  v.  ntXapytKht 
'(^^os.)  It  waa  no  jastification  tar  children  that 
AelrpeRnts  had  treated  them  badly.  I^  however, 
they  were  iUegitimats^  or  had  not  reoeired  a  proper 
whirstieB  from  their  pannta,  thej  eoold  not  be 
yDsecaled  frr  adawru^  (Meiei^  AU.  Proeemf  pb 
») 

2.  K^nant  Twoiirfir  waa  committed  by 
Isb4s  who  iU-tnated  their  wives  in  any 
or  fed  JataRoonM  with  other  women  (Diog.  Is&L 
it.  17;  eampare  Ffait  AMb.  8),  or  denied  their 


KAKOTECHNION  DIKE. 


217 


hus- 


wives the  maitiage  duties  ;  for  b^  a  law  of  Solon, 
the  husband  was  bound  to  visit  his  wife  three 
tunes  eveiy  month,  at  least  if  she  was  an  heireea. 
(Plut  SoL  20,  ^rotfo.  23w)  In  the  eomedr  of 
Cntinua,  called  the  •"  Wine  Fbnk**  (nvrL^), 
Comedy  waa  represented  as  the  wife  of  Ciatinas, 
who  broq^t  enaction  against  him  becaase  he  neg- 
lected her  and  devoted  all  his  attention  to  the 
wine  flask.    (Schol.  orf  ^ruttyiA.  .fi^.  399.) 

3b  KdmM-is  rmf  fruiXi|por  waa  committed  by 
the  nearest  rebuives  of  poor  heiresses,  who  neither 
manied  them  themselves,  nor  gava  them  a  dowry 
in  order  to  many  them  to  penons  of  their  own 
nnkinlife(Dem.e.Afao(Ni.p.l076;  Haipocr.  a.  c 
'EviBiaof,  eirrcf  ;  Suid.  Phot  $.  «i  eirro^)  ;  ot,  if 
they  mairied  them  themselves,  did  not  perform  the 
m^fiiage  dntiea.     (Pint  SoL  20.) 

4.  Kdaorcr  rmr  6p^vihf  ical  x*tP**^**^^  7*- 
ruuanf  was  committed  by  those  who  injured  in 
any  way  either  orphans  or  widows,  both  of  whom 
were  considered  to  be  in  an  eqiecial  manner  under 
the  protection  of  the  chief  arebon.  (Dem.  &  Jlfaeofl 
p.  1076;  6  i^mir,  Soris  frcfisXcrro  tmt  xV^ 
ical  rdr  jp^cowr,  Ulpian.  ad  Demottk.  c  Jlmoer.) 
The  speech  of  Imens  on  the  Inheritance  of  Hagnias, 
is  a  defence  against  an  tivaTyiXia  tumdctrnt  of 
this  kind. 

All  these  cases  of  JcdmM-if  belonged  to  the 
jurisdiction  of  the  chief  arehon  (%ic««r  iwAwufios), 
If  a  permn  wronged  in  any  way  ofphans,  heiresses, 
or  widows,  the  ardum  could  hmict  a  fine  upon  them 
himself;  or  if  he  considered  the  pemn  deserving 
of  greater  punishment,  could  biing  him  before  the 
heliaea.  (Dem.  c  MacarL  p.  1076.  Lett.)  Any 
private  individual  could  also  aeeuse  parties  guilty 
of  Kdicwffts  by  means  of  laying  an  infoimation 
(c^ff-flcyTfAia)  before  the  chief  arehon,  though  some* 
times  the  accuser  proceeded  by  means  of  a  regular 
indictment  (Tpo^),  with  an  hrdtcft/ats  before  the 
arehon.  (Dem.  e.  PamiameL  p.  980.)  Those  who 
accused  persons  guilty  of  adictwu  incurred  no 
danger,  as  was  unially  the  case,  -if  the  defendant 
was  acquitted,  and  they  did  not  obtain  the  fifth 
part  of  the  votes  of  the  dicasta  (Harpocr.  s.  e. 
EltrcryTvAM.) 

The  punishment  does  not  appear  to  have  been 
fixed  fiir  the  different  cases  of  icdKo^ir,  but  it  was 
generally  severe.  Those  finmd  guilty  of  Hdumvis 
yor^or  lost  their  civil  rights  (&rifuaX  but  were  al- 
lowed to  retain  their  property  (oSrei  Ari^ioc  l^cof 
tA  ^lifiora,  rk  M  Xf'^&u^o  ^X^^  Andoc  D9 
Mmt,  36  ;  Xen.  Mem.  iL  2.  §  13) :  but  if  the 
Koimffu  consisted  in  beating  their  parents,  the 
hands  of  the  offenden  might  even  be  cut  o£ 
(Meunius,  Tkem.  AMe.  i  2.) 

KAKOTECHNION  DIKE  (aomrrcxvidr 
Sdny),  oocresponds  in  some  degree  with  an  action 
for  snbonmtion  of  perjury.  It  might  be  instituted 
sgainst  a  party  to  a  previous  suit,  whose  witnesses 
had  already  been  convicted  of  fidsehood  in  an  action 
4««3oyMyTi^pi£r.  (Harpocr.  s.v.  ;  Dem.  e.  Ev, 
md  Mm$.  p.  1189.  11.)  It  has  been  also  sur- 
mised  that  this  proceeding  was  available  against 
the  same  party,  when  persons  had  subscribed  them- 
selves fidaely  as  summonen  in  the  dedaration  or 
indictment  in  a  previous  suit  (Meier,  AiL  JProo. 
p.  385) ;  and  if  Plato^  authority  with  respect  to 
the  terms  of  Attic  law  can  be  considered  conclu- 
sive, other  cases  of  conspiracy  and  contrivance  may 
have  borne  this  titk.  (Plat  Leg.  zi.  p.  936,  e.) 
With  respect  to  the  court  into  which  these  causes 


918 


CADUa 


were  lotmght,  and  the  advantaffee  obtained  hy  ttie 
suooeufal  party,  we  haye  no  ummnation.  (Meier, 
Att,  Proo.  pp.  45,  386.)  [J.  S.  M. 

CADAVER.  [FuNira] 
CADISCI  (ica8(<rieoi).  [Psbphus.] 
GADU'CEUS  (mi^^ircior,  mrp^ioK,  Thucyd. 
63  ;  mffWK^foy,  Herod,  ix.  100)  was  the  staff  or 
maoe  earned  hj  heralds  and  ambassadorB  in  time 
of  war.  (Pollux,  viil  188.)  This  name  is  also 
fliTen  to  die  staff  with  which  Hermes  or  Mercory 
IS  usually  represented,  as  is  shown  in  the  foUowing 
figure  of  Hermes,  taken  from  an  ancient  tase, 
which  is  ffiren  in  Millin'k  Pemiitrei  de  Foses  An- 
Hqtietf  ToT.  l  pL  70. 

The  caducous  was  originally  only  an  olire  branch 
with  the  rrdfifiara  which  were  afterward  formed 
into  snakes.  (MUller,  ArchHologie  der  Ktmttt  p. 
504.)     Later  mythologists  invented  tales  about 


these  snakes.  Hyginus  tells  us  that  Meicuiy  once 
found  two  snakes  fighting,  and  divided  them  with 
his  wand ;  from  which  circumstance  they  were 
used  as  an  emblem  of  peace.  (Compare  Plm.  H,  N. 
zxiz.  8.) 

From  caducous  was  formed  the  word  CaduomMtor^ 
which  signified  a  person  sent  to  treat  of  peace.  (Liv. 
xxxiL  32  ;  Nep.  Hamnb.  11  ;  Amm.  Haia  xx.  7  ; 
Gell.  X.  27.)  The  persons  of  the  OadMetatont 
were  considered  sacred.  (Cato,  ap.  FetL  s.  e. ;  Cic 
De  OnO,  il  46.)  The  Oadueeus  was  not  used  by 
the  Romans.  They  used  instead  verbema  and 
aagmma^  which  were  carried  by  the  Fetialei.  (Dig. 
i  tit  8.  8.  8.)    [Fbtialbs.] 

CADU'CUM.    [BoNii  Caduca.] 

CADUS  (icaSos^  kMo$\  a  large  Tessel  usually 
made  of  earthen-ware,  which  was  used  for  severil 
purposes  among  the  ancients.  Wine  was  fre> 
quently  kept  in  it ;  and  we  leain  ham  an  author 
quoted  by  Pollux  that  the  amphora  was  also  adled 
cadus  (Pollux,  X.  70,  71  ;  Suidas,  s.«.  KdBos). 
The  vessel  used  in  dnwing  water  from  wells  was 
called  cadus  (Aristoph.  JSeeUa,  1003 ;  Pollux,  x. 
31),  or  ywK6u  (Suidas,*. «.  TavX^f.)  The  name 
of  cadus  was  sometimes  given  to  the  vessel  or  urn 
in  which  the  counters  or  pebbles  of  the  dicasts  were 
pat,  when  they  gave  their  vote  on  a  trial,  but  the 


CAELATUEA. 

diminutive  icaBUrKof  was  more  oommoolj  uaed  ■ 
this  signification.    [PaiPHua]  ' 

CAELATU'RA  (TOfwvri*^),  a  fannch  m 
the  fine  arts,  under  which  all  sorts  of  omamental  I 
work  in  metal,  except  actual  statues,  i^ipesr  t» 
be  included.  The  principal  processes,  whidi  tbes« 
words  were  used  to  designate,  teem  to  have  been 
of  three  kinds :  hammering  metal  plates  into 
moulds  or  dies,  so  as  to  briqg  out  a  miaed  pat- 
tern ;  engraving  the  sur&ee  of  metals  with  a  aharp 
tool ;  and  working  a  pattern  of  one  metal  upon  or 
into  a  Bui&ce  of  another:  in  short,  the  variooa 
processes  which  we  describe  by  the  worda  cAosw^, 
damatemmff^  Slc  MiUingen,  who  is  one  of  the 
best  authorities  on  such  subjects,  says  **  The  art  of 
working  the  precious  metals  either  sepaiatdy,  or 
uniting  them  with  other  substances,  waa  adled 
iormiiei.  It  was  known  at  a  very  esiriy  epoch,  aa 
may  be  inferred  finxm  the  shidd  of  Achilles,  the 
aric  of  Cypselna,  and  other  prodnetiflna  of  the 
kind.**  There  is,  however,  some  doubt  whether, 
in  their  original  meanings  the  words  ropwrae^  and 
caekUura  described  the  first  or  the  second  of  the 
above  processes :  but  both  etymology  and  naaae 
are  in  fiivour  of  the  ktter  view.  The  word  ropevag 
means  originally  to  Aors,  to  jAerm  hg  CMttimg^  and 
the  cognate  substantives  ropc^  and  rw^s  are  ap- 
plied to  any  pointed  instrument,  such  as  the  tool 
of  the  engraver  (jopwHis :  see  Seiler  u.  Jaoobitz, 
Handwortefimok  d.  CfrieeL  Spraekt^  s.  vc.).  So  in 
Latin,  eado  (to  chase),  and  ooebna  (the  chasing 
todX  are  undoubtedly  connected  with  eaedo  (to 
cut).  It  may  alw  be  observed  that  for  workiiw 
metals  by  hammering  other  words  are  used,  iktut- 

den^  and  that  works  in  metal  made  by  hammer^ 
ing  plates  into  a  raised  pattern  are  called  &i^ 
yKv^  and  (bcrvwa  [Anaolypha].  With  regard 
to  the  usage  of  thtf  terms,  it  is  enough  to  remark, 
that  a  very  large  proportion  of  the  amamental 
works  m  metal,  alluded  to  by  the  ancient  writen, 
from  Homer  downwards,  must  have  been  executed 
by  the  process  of  engravings  and  not  of  hammering. 
But,  whichever  process  the  terms  may  have  been 


originally  intended  to  designate,  in  practice  both 
processes  were  frequently  united.  For  all  vevels 
made  out  of  thin  plates  of  metal,  the  process  seems 
to  have  been  first  to  beat  out  the  plate  into  the 
raised  pattern,  and  then  to  chase  it  with  the 
graving  tooL  There  is  an  example  of  this  kind 
of  woric  in  the  British  Huseum,  noticed  by  Mil- 
lingen. 

Another  question  has  been  raised,  whether 
Topwrut^  and  eadatmra  are  precisely  equivalent : 
but  it  is  the  opinion  of  the  best  writers  on  art 
that  they  are  so,  though  Quatrem^  de  Quincy  and 
others  suppose  ropmrutf  to  refer  to  any  woik  in 
relief  and  even  to  chryselephantuie  statues.  (See 
Garatoni,  m  Oic  Varr.  iv.  23  ;  Sahnas.  iSners.  ad 
Solm,  n.  736,  folL  ;  Heyne,  AnHquar.  AnTsiUa^ 
ii  p.  127.)  Qumtilian  (ii  21)  expressly  die- 
tfaiguishes  eaeUiara  and  sea^ptera  by  saying  that 
the  former  includes  woriLS  in  ^oU,  Mdvtrj  brmuBy 
and  trow,  while  the  latter  embraees,  besides  these 
materials,  also  wood^  nmy,  mori/e,  ^ifassK,  and^nas. 
It  must  therefore  be  understood  as  aa  acoonmio- 
dated  use  of  the  term  when  Pliny  says  of  glass,  ^ 
**  argent!  mode  caehtnr.**  {ff.  N.  xxxvi  26.  s.  66.) 

The  fiuTt  which  is  implied  in  the  words  just 
quoted,  that  silver  was  the  chief  material  ua 
which  the  oadcUor  worked,  is  eipreasly  stated  by 


CABUITURA. 

Kaj^  at  «h0  eMnMBceaait  of  the  pi—gf  whieh 
farais  ooe  of  oar  ckief  anthoritiet  on  tlie  mbjeet 
{B,  N.  xjQcnL  12.  1.  55)  ;  what  ho  mcntioiit  it 
at  a  n— ill  ■Mil  fact  that  many  had  gained  lo- 
novn  Ibr  chaaiqg  in  aflrer,  hat  none  for  ehanqg  in 
gold:  it  ia  not  kowarer  to  be  infemd  that  gold 
wm  not  rhaapd,  &r  voika  in  gold  are  freqiieatly 
wpntiaiind  bj  other  anthom  Fran  the  Mme  tee* 
tioB,  and  fim  other  anthflritiei»  we  leam  that 
voi^  of  thia  kind  wen  alio  eroBatwi  in  bnoae 
and  iiera  (Qoint.  L  &  ;  FocceQini,  &  *.)•  7^<^  ^- 
aaaplca  e£  choaing  in  inn  deeerve  especial  notice, 
the  ooe  far  ita  antiqaitj,  the  other  fix  ita  beanty: 
the  htmnet  ia  the  inn  faaae  of  the  yaae  dedicatod 
hr  AJ  jatlBa»  kii«  of  Lydia,  at  Delphi,  which  was 
the  nk  ef  Glancoa  of  Chioi,  and  was  chased 
vith  snail  fignrea  of  animalB,  insects,  and  plants 
(Ucrad.  i.  25  ;  Paw.  x.  16.  i  1  ;  Ath.  y.  p. 
210,K  c  ;  DmI.  ofBioff.  a.  v.  Gltmetu) :  the  hUter 
ii  the  iiOD  hehnet  of  Alexander,  the  woriL  of 
Thfephius^  wUeh  glittered  like  cilTer  (Plot  Aim. 
33):  StEsbo,  aMseovei;  mentions  the  people  of 
Chjn,  in  Asin  Minoi;  as  noted  for  then-  skill  in 
chasBg  insi  (StrnK  ziiL  p.  631). 

TW  ofaiecta  on  which  the  eosiator  ezereised  his 
art  wen  diieflj  weopona  and  anaonr — especiaUy 
ihUdi^chariota,  tripods,  and  other  yotive  oneiings, 
faaita,  candelabra,  thrones,  curole  chaixa,  miiion, 
goUe^  dishe^  and  all  kmds  of  gold  and  silver 
platfe  Axma  were  often  oniaaiented  with  patterns 
ia  geld  (Tpoerr^  ^  ZmXjf  ^rXF^  *^'^  {Corp, 
Into-,  YoL  i  No.  124  ;  seatea  ebjwyityJtoam, 
TkebdL  Ckmd.  Id).  Chased  branae  helmets  and 
gnaves  have  been  fiNmd  at  Pompeii  and  elsewhercL 
(Ifbe.  Air«.  ilL  60,  ir.  IS,  t.  29 ;  BrUnsted,  die 
Brmxm  van  Stria,)  Chariots,  especially  Uiose 
ased  in  the  cfaariotnees  and  trinmphal  process, 
woe  often  mode  of  faronxe  richly  chased  [Cuk* 
ncTs] :  aader  the  Ronoan  emperon  priTate  cairiages 
(esrraeav)  wen  oflten  covert  with  plates  of  chaMd 
bnnae,  silver,  and  eren  gold  (Plin.  H»N,  zzxiiL  1 1. 
8.  49 ;  Soet.  Oamd,  1 6  ;  MartiaL  iiL  72  ;  Lamprid. 
^&a.  Sm.  43 ;  Vopiac  AwnL  46 ;  Cauiiica). 
Ia  fBBilfflnlBs,  rnimxa,  and  so  teth,  the  lenains 
«f  Etnnean  art  are  ftrj  rich.  An  elaboiate  ao- 
csoat  ef  ancient  tripods  is  given  in  MiiDer'%  essay, 
lAifar  dm  TVyorfia,  in  the  ^oMiAfaa,  toIs.  i  and 
iiL    Rfspertiiy  Tf siels  of  gold  and  sJlver  plate,  and 

rf  the  ancient  anthors,  those  of  Cicero  (•»  Verr, 
ir.X  a^  Pliny  {H.  N.  mriii.  11,  12.  a.  5a--54) 
ase  among  Ae  asost  iiqiortant  and  interesting. 
The  onmBMnlal  week  with  which  the  chaser 
oUects  consisted  either  of  simple 
s,  oiefly  in  imitation  of  phmts  and 
lewei^  'or  of  mmnali^  or  of  mythological  subjects, 
aad,fcranioiv,offaattlesL  To  the  first  cbus  belong 
the  loaeciJttiflaftM,  BMHiMaftML  MrfUMM  ifffsnuArf, 
i  (Cic.  iL  & ;  TrebeU.  CbadL  17) : 
I  of  the  aeeond  daas  were  common  on  the 
tnoaeaad  goM  vaaes  of  Corinth  (Ath.  r.  p.  199,  e.) 
■4  OB  trij^da  (^oMi&ft.  toL  iii  p.  29)  ;  and  the 
■flholagical  aobjeets,  which  wen  genenlly  taken 
fiem  Honee;  wen  icssifed  Ibr  the  works  of  the 
grestcet  maaten  of  the  art :  they  were  generally 
cxBcnled  in  very  high  relief  {amagfypia).  In  the 
fiaeftwoika,  the  onamental  pattonwas  frequently 
^stinct  from  the  vessel,  to  which  it  was  either 
ivtened  permanently,  or  so  that  it  coold  be  xe- 
mncd  at  pleasore,  the  vessel  being  of  silver,  and 
the  onanntsef  gold,  cnHtaeaaleai6teia«0.  (Cic. 


CA£LATURA. 


219 


m  Vmr.  iv.  23 ;  Juv.  L  76 ;  MaitiaL  viil  51  t 
Ovid.  A#A  V.  81  ;  Ath.  V.  p.  199  ;  PaulLJM.  iii. 
6,  8  ;  Senec  Ep,  5  ;  comow  CHmTasNDSTA). 

The  art  of  otnamentaJ  asetal-woik  was  m  an 
advanced  stage  of  progress  among  the  Greeks  of  the 
hcnic  period,  as  we  see  from  nunerans  pamagps  of 
Homer*  In  Italy,  also,  the  Etmscans,  as  above 
stated,  had  eariy  attained  to  great  proficiency  in  it 
In  the  time  of  the  last  dynaatjr  of  Lydian  kings,  a 
great  impobe  was  given  to  the  ait,  especiaUy  by 
their  magnificent  presenU  to  the  Delphian  temple*; 
and  belongiitt  to  this  period,  we  have  the  names  of 
OlancDs,  as  already  mentioned,  and  of  Theodoras  of 
Samoa,  who  made  a  great  silver  vessel  for  Graeaus, 
the  ring  of  Polycrates,  and  a  golden  vessel  which 
afterwards  adorned  the  pakeeof  the  Persian  kings. 
But  its  peilection  wonld  of  coorse  depend  on  that  ot 
the  arts  of  design  in  general,  especially  of  scolptnre; 
and  thos  we  can  readily  accent  the  statement  of 
Pliny  that  its  orisin,  in  ue  hign  artistic  sense,  is  to 
be  ascribed  to  Pheidiss,  and  ito  complete  develop. 
menttoPolydeitosL  (Plin.^. Mxzziv.a&l&Sl, 
primuiaqm  {PUdku}  artmm  ionmiiem  opermum  atqm 
demautra$mmerilojmiieahtr:  ibid.  §  2,  £fie  (PiSe^ 
tidma),.,jmdieahiriortmtiem  wletrmdimt^fa  PUdi^ 
aperume).  There  can,  indeed,  be  no  doubt  that 
the  toreutic  art  was  an  important  accessorv  to  the 
arts  of  statoaiy  and  sculpture,  especiaUy  m  woriLS 
executed  in  brann  and  in  ivoty  and  gold.  In  &ct, 
in  the  latter  chMs  of  worics,  tlw  parts  executed  in 
gold  belonged  properiy  to  the  department  of  the 
eadaiar:  and  hence  has  arisen  the  emr  of  several 
modem  writen  who  have  made  the  chryselephan- 
tine statues  a  branch  of  the  tonutie  art  The  in- 
timate connection  of  this  art  with  statuary  and 
sculpture  is  further  shown  by  the  &ct  that  severs! 
of  the  great  artists  in  these  departments  were  also 
renowned  as  silver^chasets,  such  as  Myron  snd 
Pasiteles;  In  the  an  of  Pheidias,  the  most  dis- 
tinguished name  is  that  of  Mys,  who  engraved  the 
battle  of  the  Lspithae  with  the  Centann  on  the 
shield  bf  Pheidiao*8  colossal  bronse  statue  of  Athena 
Ptomachus  in  the  Acropolis,  and  who  is  said  to  have 
woriced  from  designs  drawn  by  the  hand  of  Par- 
rhaaius;  but  the  latter  point  invdves  a  chronological 
diflicnlty.  (See  Diet,  of  Bug.  s.  en.  Myt,  Pratt- 
Udm.)  In  the  period  from  die  time  of  Pheidias 
to  that  of  the  Roaian  conquest  of  Greece^  the  fol- 
lowing names  an  preserved:  Aeneas,  Boethus, 
and  Mentor,  the  most  distinguished  of  all  the  artiste 
m  this  deptftment ;  the  seu^rtor  Myron  and  his  son 
Lydus  ;  after  them,  Cahmiis,  Antipater  ;  and  the 
maker  of  a  work  mentioned  with  especial  admira- 
tion b^  Pliny,  Stntonieus  $  a  little  Uter,  Tanriseus 
of  Cyxicus,  Ariston  and  Eunicns  of  Mytilene,  and 
Hecataeus.  The  Greek  kings  of  Syria,  especially 
Antiochus  Epiphanes,  were  great  patrons  of  the  art 
(Ath.  V.  p.  293,  d.)  In  the  htft  age  of  the  R4>- 
man  Republic,  the  prevailing  wealth  and  luxury, 
and  the  presence  of  Greek  artisto  at  Rome,  com- 
bined to  bring  the  art  more  than  ever  into  requi- 
sition. Silvcr^hasers  seem  to  have  been  regularly 
employed  in  the  establishmente  of  the  great  men 
of  Rome ;  and  Pliny  mentions,  as  belongmg  to  the 
age  of  Pompey  the  Great,  Pasiteles,  Posidonius  of 
Ephesus,  Leostratides,  Zopyrus,  Pytheas,  and 
kstly  Teucer.  After  thispenod,  the  art  suddenly 
fifiU  into  disuse,  so  that,  in  the  time  of  Pliny,  chased 
vessds  were  valued  only  for  their  age,  though  the 
chasing  was  so  worn  down  by  use  that  even  the 
figures  could  not  be  distinguished.    (//.  N.  xxxiii. 


220 


CALATHUS. 


12.  8. 55,  xzziT.  8.  8. 19  ;  tee  the  articles  on  the 
artiBts  above  mentioned  in  the  Dictionanf  of 
Biogrupkff.) 

The  principal  ancient  wnteis  on  thu  art,  whoee 
works  Pliny  used,  were  Antigonus,  Menaechmua, 
Xenociatee,  Duns,  Henander,  and  especially 
Pasiteles,  who  wrote  miraiMUa  opera,  (Plin.  H.  N. 
Blench.  Ub.  zzziii)  The  most  important  modem 
works  on  the  subject  are  the  following :  Winckel- 
mann,  Werie,  passim  ;  Millingen,  Unedited  Mom»- 
mentty  a  12  ;  Veltheim,  Etwat  fiber  Memmm^t 
BUdedaiUt  Nero*»  Smaragd,  Toreuiik,  Slc  ;  Qnatre- 
m^  de  Qaincy,  Le  Jupiter  Otympien ;  Welcker, 
Ztkeck,  f,  Geeek,  u.  Aueieg,  d.  aU.  Kwut,  toL  l 
part  2.  p.  280 ;  Hirt,  Ueber  doe  Material,  die 
Tedutik,  &c^  in  the  AmaliJiea^  toL  i  p.  239. 
foU. ;  Miiller,  Hamdb.  d.  Ardkuoieffie  der  Kutut, 
§311)  [P.S.] 

CAELIBATUS.  [Aes  Uxorium  ;  Lex 
Julia  xt  Papia  Poppaba.] 

CAERITUM  TA'BULAE.     [Abraril] 

CAESAR,  a  title  of  the  Roman  emperors,  was 
originally  a  fiunily  name  of  the  Julia  gens  ;  it  was 
assumed  by  Octavianus  as  the  adopted  son  of  the 
ffieat  dictator,  C.  Julius  Caesar,  and  was  by  him 
handed  down  to  his  adopted  son  Tiberius.  It  con- 
tinued to  be  used  by  Caligula,  Claudius,  and  Nero, 
as  members  either  by  adoption  or  female  descent  of 
Caesar*s  £unily ;  but  though  the  fiunily  became 
extinct  with  Nero,  succeeding  emperors  stiU  ntalned 
the  name  as  part  of  their  titles,  and  it  was  the 
practice  to  prefix  it  to  their  own  names,  as  for  in- 
stance, ImpenOor  Caeear  DomitkmMe  Auguetue. 
When  Hadrian  adopted  Aelius  Varus,  he  allowed 
the  latter  to  take  the  title  of  Caesar  ;  and  finm  this 
time,  though  the  title  of  Awfustue  continued  to  be 
confined  to  the  reisning  emperor,  that  of  Qtetar 
was  also  jputed  ue  second  person  in  the  state 
and  the  heir  presumptive  to  the  throne.  (Eckhel, 
▼oL  viii.  p.  367,  &c.)    [Augustus.] 

CALAMISTRUM,an  instrument  made  of  iron, 
and  hoUow  like  a  reed  (oalamue)^  used  for  curling 
the  hair.  For  this  purpose  it  was  heated,  the  per- 
son who  performed  the  office  of  heating  it  in  wood- 
ashes  (omt)  being  called  oai^,  or  cMMrorntt.  (Hor. 
Sai,  I  2.  98;  Heindor^  ad  he.)  This  use  of  heated 
irons  was  adopted  very  early  among  the  Romans 
(Phiut  JjM,  iiL  S.  87),  and  became  as  common 
among  them  as  it  has  been  in  modem  times.  (Virg. 
Aem.  xii  1 00.)  In  the  age  of  Cicero,  who  frequent^ 
alludes  to  it,  the  Roman  youths,  as  well  as  the 
matrons,  often  appeared  with  their  hair  curled  in 
this  manner  (ealamietrati).  We  see  the  result  in 
many  antique  statues  and  busts.  [J.  Y.] 

CA'LAMUS  («rdAa^s,  Pollux,  x.  15),  a  sort 
of  reed  which  the  ancients  used  as  a  pen  for  writing. 
(Cic.  adAtt.wLlii  Hor.  De  Art  Pott,  447.)  The 
best  sorts  were  got  from  Aegypt  and  Cnidus.  (Plin. 
H,  N.  xvi  36,  64.)  So  Martial  (xiv.  38),  «*  Dat 
chartis  habiles  cahunos  Memphitica  tellus.**  When 
the  reed  became  blunt,  it  was  sharpened  with  a 
knife,  eeafytrum  Ubrarium  (Tac.  Ann,  y.S  ;  Suet 
VitelL  2)  ;  and  to  a  reed  so  sharpened  the  epithet 
temperatos,  used  by  Cicero,  probeibly  refers  (Cic. 
Ad  QfL  /*.  ii  15,  "  calamo  et  atramento  temperato 
res  agetur  ^).  One  of  the  inkstands  given  under  the 
article  Atramxntum  has  a  calamus  upon  it.  The 
calamus  was  split  like  our  pens,  and  hence  Ausonius 
(vil  49)  calls  it  fiee^  or  clovenfooted.    [A.  A.] 

CALA'NTICA.     [Coma.] 

CA'LATHUS,  dim.  CALATHISCUS  (KdAw- 


CALCEUS. 

0ot,  Ka\aBlffKos\  also  called  rd^apes  usually  oi^' 
nified  the  basket  in  which  women  placed  their 
wwk,  and  especially  the  materials  for  tgianinf:. 
Thus,  Pollux  (x.  125)  speaks  of  both  rd^apos  and 
KdXaBos  as  r^t  yurauuerixiBos  mce^ :  and  in  an- 
other  passage  (ril  29),  he  names  them  in  oonnec- 
tion  with  spinning,  and  says  that  the  rdXapa^  smd 
KoXMlHffteos  were  the  same.  These  baskets  ivere 
made  of  osiers  or  reeds  ;  whence  we  read  in  Pollux 
(yii.  173)  ttkiicety  raKipovs  icot  coAatfCtfitovs,  tmd 
in  Catullus  (bdv.  319)  — 

**  Ante  pedes  autem  candentis  moUia  lanae 
Vellera  virffoH  custodiebant  eakUkieoL^ 

They  appear,  however,  to  have  been  made  in  earlier 
times  of  more  Taluable  materials,  since  we  read  in 
Homer  (Od,  W,  125)  of  a  silver  rdXapot.  They 
frequently  occur  in  paintings  on  vases,  and  often 
indicate,  as  BSttiger  ( Vaeei^em.  iii.  44)  faaa  re- 
marked, that  the  scene  represented  takes  place  in 
the  gynaeconitis,  or  women^  apartments.  In  the 
following  woodcut,  taken  from  a  painting  on  a  vase 
(Millin,  Peiniuree  de  Vaees  Antiguee^  vd.  i.  pL  4), 
a  shive,  belonging  to  the  class  called  qmuiiiariae^  ia 
presenting  her  mistress  with  the  calathns,  in  which 
the  wool  was  kept  for  embroideiy,  &c. 


Baskets  of  this  kind  were  also  used  for  other  pur- 
poses (Bottiger,  SabimL,  vol  iL  pp.  252,  258X  such 
as  for  carrying  fruits,  flowers,  &c.  (Ovid.  AH.  Am. 
ii.  264.)  TIm  name  of  calathi  was  also  grven  to 
cups  for  holding  wine  (Viig.  isU.  v.  7 IX 

Calathus  was  properly  a  Greek  word,  though 
used  by  the  Latin  writers.  The  Latin  word  cor- 
responding to  it  was  9110^  (Hor.  Oirm,  iiL  12. 
4),  orqwuiUue  (Festus  e.  Oalatkmt ;  Cic.  PkUipp.  iiL 
4  ;  Prop.  iv.  7. 37).  From  gmaeUbie  came  quaeillaria, 
the  name  of  the  skive  who  spun,  and  who  was  con- 
sidered the  meanest  of  the  female  slaves.  (Petrao. 
132  ;  Tibull.  iv.  10.  3.)    [Fusus  ;  Tela.] 

CALCAR  (mMs  *yK«yrpls,  PoUux,  x.  12),  a 
spur.  The  Greek  name  for  spurs  was  taken  f^m 
the  flies,  which  infest  horses  with  their  stings :  hence 
the  verb  /umwlCta^,  to  spur.  (Xen.  de  Be  Eq.  viiL  5, 
X.  1,  2  ;  Heliodor.  ix.  p.  432,  ed.  Commelin.)  The 
Athenian  gentry  sometimes  showed  their  conceit 
by  walking  abmit  the  Agora  in  spurs  after  riding 
(Theophrast  CSbw.  xxi)  Spun  were  eariy  used 
by  the  Romans,  as  appears  from  the  mention  of 
them  in  Plantns  {Attn.  iiL  3. 118)  and  Lucretius  (v. 
1074).  They  are  likewise  often  alluded  to  by  Cicero 
{De  Oral.  iiL  9,  <uf  At^  vL  1),  Ovid  {De  PomtOj  iL 
9.  38  ;  tv.  2. 35),  Viigil  {/errata  calee^  Aem,  zi. 
714),  and  subsequent  Roman  anthers.     [J.  Y.] 

CA'LCEUS,  CALCEAMEN,  CALCEA- 
MENTUM  (droSik^  v^iAor^  a  shoe  or  boo^ 


CALCEUS. 

nr  ikmg  adapted  to  ocava  and  jneierre  tlie  feet  in 
valkiB^.  The  nee  of  shoes  was  by  no  meBOs  imi- 
renal  amoog  the  Qntk»  and  Romaiis.  The 
Honeric  betioes  are  represented  without  shoes 
vhen  anaed  lor  battle.  According  to  the  insdta- 
tioosof  Ljcugosy  the  yoonff  Spartans  were  brought 
■p  without  wearing  shoes  (oyvroSiyo'Ia,  Xen.  Rep. 
Lae.  2),  in  order  tbu  thej  might  have  the  foil  ose 
of  their  feet  in  running,  leaping,  and  climbing. 
Socrsta%  Phodon,  and  Gato  frequently  went  bare- 
hoi  (aawaoH^os,  Aristoph.  NmL  103^  362  ;  Xen. 
Mem.1  6.  §  2,  pede  mmda,  Hor.  ^L  19.  12). 
Tbe  RaumMk  slaTes  had  no  shoes  (mido  talo^  Jay. 
vil.  16),  their  naked  feet  being  marked  with  chalk 
or  grpsaia.  The  eorenng  of  the  feet  was  remoTed 
belbrerediningatmeala  [Coxna.]  To  go  bare- 
fine  also  indicated  haste,  grie^  distnction  of  mind, 
or  any  Tklcnt  emotion,  as  when  Venos  goes  in 
qoest  flf  Adonis  (itf-dv^oXos,  Bion.  L  21),  and  when 
the  Vestak  flee  from  Rome  with  the  appantos  of 
(Fkr.  LIS.)     For  similar  reasons 

I  go  with  naked  feet,  when  mtent  upcm 

tke  exercise  of  nutfical  arU  {Sen.  Medea^  iv.  2. 14 ; 
mmda  ptdam,  Orid.  MtL  viL  183  ;  pMm»  mdi$^ 
Her.  SaL  L  &  24),  althoogh  sometimes  one  foot 
«ly  was  imsbod  (wnna  smto  pedam  imoKf,  Viig. 
Jea.  IT.  518),  and  is  so  painted  on  fictile  vases. 
That  it  was  a  very  rare  thing  at  Rome  to  see  a 
mpectahle  female  out  of  doors  withoat  shoes,  is 
clear  from  the  astonishment  experienced  by  Qrid 
(FosL  Ti  397X  luitil  ^  ^v**  informed  of  the  reason 
of  it,  in  a  pai^colar  instance. 

''Hoc  pede  matronam  ridi  descendere  nudo : 
Obctnpui  tacitns,  sostinuiqae  gradum.** 

Tbe  feet  were  sometunes  bare  in  attendance  on 
^DexaU.  Thus  the  rennuns  of  Aogiistiis  were  col- 
kctrd  from  the  pyia  by  noblemen  of  the  first  rank 
vith  naked  feet.  (Snet  ^a^.  100.)  A  picture 
fcoad  at  Hercuhneom  exhibits  persons  with  naked 
&ci  ogi^ed  in  the  worship  of  Isis  {AnL  d*ErcoL 
iL  320)  ;  and  this  practice  was  obserred  at  Rome 
B  hoBoiir  of  Cybele  (Prudent.  Peris,  154).  In 
case  of  drought,  a  proeesskm  and  ceremonies,  called 
iVailywfafa,  were  perfonned  with  a  view  to  pro- 
pitiate the  gods  by  the  same  token  of  grief  and 
hmifia&on.    (TertuH  ApoL  4a) 

The  idea  of  the  defilement  arising  from  contact 
vith  sny  thii^  that  had  died,  led  to  the  entire  dis- 
ue  of  ddn  or  leather  by  the  priests  of  Egypt 
Tkrir  shoes  were  made  of  vegetable  materials 
(oofaow  ea  pvfra.  Mart  Can.  2.)     [Baxa.] 

Those  of  the  Greeks  and  Romans  who  wore 
iboe%  ^~^~fc»g  generally  all  persons  except  youths, 
■iairei,  and  ascetics,  consulted  their  convenience, 
and  indulged  thor  fisncy,  by  inventing  the  greatest 
pottihle  variety  in  the  forms,  colours,  and  materials 
of  their  shoes.  Hence  we  find  a  multitude  of 
saiwa,  the  exact  meaning  of  which  it  is  impossible 
to  aseotain  ;  but  which  were  often  derived  either 
from  the  penons  who  were  supposed  to  have 
brought  certain  kinds  of  shoes  into  feshion,  orfrom 
tlK  places  where  they  were  procured.  We  read, 
fer  enmple,  of  *"  shoes  of  Alcibiades  ;"*  of  *"  Sicyo- 
nao,**  and  "^Persian,**  which  were  ladies*  shoes 
(Cic  Dt  OroL  i  54  ;  Hesych.)  ;  of  •*  Laconian,*' 
vkich  were  mens*  shoes  (Aristoph.  Tkee.  149)  ;  and 
of  **Cxetan,**  ** Milesian,"^  and  ^  Athenian  **  shoes. 

The  distincticns  depoiding  upon  form  may  be 
groenOy  divided  into  those  m  which  the  mere  sole 
of  s  ihoe  was  attached  to  the  sde  of  the  foot  by 


CALCEUS. 


321 


ties  or  bands,  or  by  a  covering  for  the  toes  or  the 
mstep  [SoLBA ;  Crbpida  ;  Sandaliitm  ;  8oc- 
CU8]  ;  and  those  which  ascended  higher  and  higher, 
according  as  thev  covered  the  anldea,  the  caU^  or 
the  whole  of  the  leg.  To  calceamenta  of  the  ktter 
kind,  t.  e.  to  shoes  and  boots  as  distinguished  from 
sandals  and  slippers,  the  term  **  caloeos  **  was  ap- 
plied in  its  proper  and  restricted  sense. 

Besides  the  difierenoe  in  the  intervals  to  which 
the  calceos  extended  from  the  sole  upwards  to  the 
knee,  other  varieties  arose  fram  its  adaptation  to 
particular  professions  or  modes  of  life.  Thus  the 
CALiOA  was  principally  worn  by  soldiers  ;  thepsao, 
by  labourers  and  rustics  ;  and  theofXTBuaNUS,  by 
tnttedians,  hunters,  and  horsemen. 

Understanding  **■  calceus  **  in  its  more  confined 
application,  it  included  all  those  more  oooiplete 
coverings  for  the  feet  which  were  used  in  waOcing 
out  of  doors  or  in  travelling.  As  most  commonly 
worn,  these  probably  did  not  much  differ  from  our 
shoes,  and  are  exemplified  in  a  painting  at  Hereo- 
kneum  {Atd,  d*Ereoiamo^  L  Toe,  21),  which  repre- 
sents a  female  wearing  bracelets,  a  wreath  of  ivy, 
and  a  panther^S  skin,  while  she  is  in  the  attitude  of 
dannng  and  playing  on  the  cymbals. 


On  the  other  hand,  a  marble  foot  in  the  British 
Museum  exhibits  the  form  of  a  man*s  shoe.  Both 
the  sole  and  the  upper  leather  are  thick  and  strong. 
The  toes  are  uncovered,  and  a  thong  passes  between 
the  great  and  the  second  toe  as  in  a  aandal. 


222 


CALENDARIUM. 


The  form  and  colour  of  the  calceos  were  also 
among  the  insignia  of  rank  and  office.  Those  who 
were  elevated  to  the  senate  wore  high  shoes  like 
buskins,  festened  in  front  with  four  bhick  thongs 
(mffris  pdUbms^  Hor.  Sai»  i.  6,  27)  and  adorned 
with  a  small  crescent  (Mart  iL  29 ;  Jut.  vil 
192.)  Hence  Cicero  {PhiH.  xiii.  13),  speaking  of 
the  assumption  of  the  senatorial  dignity  Irf  Asinius, 
says  mutaeU  ealceot.  Among  the  calcei  worn  by 
senators,  those  called  muUei,  from  their  resemblance 
to  the  scales  of  the  red  mullet  (Isid.  Or,  xix.  14), 
were  particularly  admired ;  as  well  as  others  colled 
mhUae^  because  the  leather  was  softened  by  the 
use  of  alum.  (Mart  Jut.  II.  oo, ;  Lydus,  d«  Mag, 
J.  32 ;  OTid,  D9  Ari,  Am.  iiL  271.)        [J.  Y.] 

CALCULA'TOR  (Xoyurrfis)  signifies  a  keeper 
of  accounts  in  general,  but  was  abo  used  in  the 
signification  of  a  teacher  of  arithmetic ;  whence 
Martial  (z.  62)  classes  him  with  the  noiarim$  or 
writing-master.  The  name  was  deriTed  from  ad- 
euli,  which  were  commonly  used  in  teaching  arith- 
metic, and  also  in  reckoning  in  general.  [Abacus.] 
Among  the  Greeks  the  KoycrvHis  and  ypanfuiriariis 
appear  to  hare  been  usually  the  same  person. 

In  Roman  families  of  importance  there  was  a 
calealator  or  account-keeper  {Dig,  38.  tit  1.  s.  7), 
who  is,  howeTer,  more  frequency  called  by  the 
name  of  diapetuator  or  proatrator^  who  was  a  kind 
of  steward  (Cic  ad  AU,  xi.  1 ;  Plin.  Ep.  iil  19  ; 
Suet  Gcih,  12,  Vesp.  22;  Becker,  G^o&cs,  toI.  L 
p.  109.) 

CA'LCULI  were  little  stones  or  pebbles,  used 
for  various  purposes;  such,  for  example,  as  the 
Athenians  used  in  voting,  or  such  as  Demosthenes 
put  in  his  mouth  when  declaiming,  in  order  to 
mend  his  pronunciation.  (Cic.  Dt  Oral,  L  61.) 
CalcuU  were  used  in  phtying  a  sort  of  draughts. 
[Latrunculi.]  SubsequenUy,  instead  of  pebbles, 
tTory,  or  silver,  or  gold,  or  othor  men  (as  we  call 
them)  were  used;  but  still  called  calculi.  The 
calculi  were  bkolorea.  (Sidon.  £^piti,  viit  12; 
Ovid.  JVisL  iL  477 ;  Mart  Epiff.  ziv.  17.  2,  xIt. 
20.)  Calculi  were  also  used  in  reckoning,  and 
hence  the  phrases  calculnm  ponen  (Colum.  iiL  3), 
ealemUim  awbducere.  (Cic  De  Fm.  iL  19,  &c.) 
[Abacus.]  [A.  A.] 

CALDA.    [Calida.] 

CALDA'RIUM.     [Balnbab.] 

CALENDA'RIUM,  or  rather  KALENDA'- 
RIUM,  is  the  account-book,  in  which  creditors 
entered  the  names  of  their  debtors  and  the  sums 
which  they  owed.  As  the  interest  on  borrowed 
money  was  due  on  the  Calender  of  each  month, 
the  name  of  Calendarmm  was  siTen  to  such  a  book. 
(Senec.  De  Benef,  L  2,  TiL  10.)  The  word  was 
subsequently  used  to  indicate  a  register  of  the 
days,  weeks,  and  months,  thus  corresponding  to  a 
modem  almanac  or  calendar. 

1.  Grbbk  Calbnoar.  -^  In  the  earliest  times 
the  division  of  the  year  into  its  various  seasons 
appears  to  have  been  very  simple  and  rude,  and 
it  would  seem  .that  there  was  no  other  divi- 
sion except  that  of  summer  {^ipos)  and  winter 
(xctfu^).  To  these  strongly  marked  periods  there 
were  afterwards  added  the  periods  of  transi- 
tion, via.  spring  (fap)  "^d  autumn  (d^«6pa),  with 
certain  subdivisions  according  to  the  different  agri- 
cultural pursuits  peculiar  to  each  of  them.  As, 
however,  the  seasons  of  the  year  were  of  great 
importance  in  regard  to  agriculture,  it  became 
necessary  to  fix  their  beginning  and  end  by  con- 


CALENDARIUM. 
necting  them  with  the  rising  or  setting  of 
stars.  Thus  Hesiod  {Op.  et  Diea,  881)  deMsriJbc  i 
the  time  of  the  rising  of  the  Pleiades  as  tho  tixn  I 
for  harvesting  {ifxirros\  and  that  of  their  •et^inj  | 
as  the  time  for  ploughing  (Jiporos)  ;  the  tizne  a  I 
which  Arctnrus  rose  in  the  morning  twilight  as  th^  i 
proper  season  for  the  vintage  (L  e.  607),  and  oClsdl 
phenomena  in  nature,  such  as  the  arrival  of  Ivirtlji 
of  passage,  the  blossoming  of  oerlam  plants,  rnxM^d.  ti»€\ 
like,  indicated  the  proper  seasons  for  other  agr^ 
cultural  occupations  ;  but  although  they  majr  bs^v^ 
continued  to  be  observed  for  centnries  by  aiznple 
rustics,  they  never  acquired  any  importance  io  tlie 
scientific  division  of  the  year.     [  A8Tronomi.&.  J 

The  moon  being  that  heavenly  body  wfaoee 
phases  are  most  easily  observed,  formed  the  Imum 
of  the  Greek  calendar,  and  aU  the  reUgiow  festi- 
vals were  dependent  on  it    The  Greek  year  wrmB 
a  lunar  year  of  twelve  months,  but  at  the  mmrae 
time  the  course  of  the  sun  also  was  taken   into 
consideration,  and  the  combination  of  the    two 
(Gemin.  Itag.  6  ;  comp.  Censorin.  De  Die  Nat.  13  ; 
Cic.  m  Verr.  iL  52)  involved  the  Greeks  in  great 
difficulties  which  rendered  it  almost  impossible  for 
them  to  place  their  chronology  on  a  sore  foondji- 
tion.     It  seems  that  in  the  early  times  it  was  be> 
lieved  that  12  revolutions  of  the  moon  took  place 
within  one  of  the  sun ;  a  calculation  which  wmg 
tolerably  correct,  and  with  which  people  were  aat»- 
fied.     The  time  during  whidi  the  moon  revolved 
around  her  axis,  was  odculated  at  an  ayerage  or 
round  number  of  30  days,  which  period  was  called 
a  month  (Gemin.  L  o.)  ;  but  even  as  early  as  the 
time  of  Solon,  it  was  well  known  that  a  lunar 
month  did  not  contain  30  days,  but  only  29|.     The 
error  contained  in  this  calculation  oould  not  Icmg 
remain  unobserved,  and  attempts  were  made   to 
correct  it     The  principal  one  was  that  of  ereatii^ 
a  cyde  of  two  years,  called  r^wenipiv,  or  <mc«t 
maffm»,  and  containing  25  months,  one  of  the  two 
years,  consisting  of  12  and  the  other  of  13  months. 
The  months  themselves,  which  in  the  time    of 
Hesiod  {Op.  et  Dief^  770)  had  been  reckoned  at 
30  days,  afterwards  alternately  contained  30  days 
(foU  months,  wX^peii)  and  29  days  (hollow  months, 
KoiXoi.)     According  to  this  anangement,  one  year 
of  the  cyde  contained  354,  and  the  other  384  days, 
and  the  two  together  were  about  7\  days  more 
than  two  tropical  or  solar  years.     (Gemin.  6 ; 
Censorin.  18).    When  this  mode  of  redconing  was 
introduced,  is  unknown  ;  but  as  Herodotus  (L  32) 
mentions  it,  it  is  dear  that  it  must  have  been  before 
his  time.    The  7i  days,  in  the  course  of  4  years,  \ 
made  up  a  month  of  30  days,  and  such  a  month  \ 
was  accordingly  inserted  in  every  fourth  year,  and 
the  cycle  of  four  yean  was  called  a  vcsn'ocn^fy. 
(Censorin.  I.  o.)    But  a  for  more  important  cyde 
was  the  iyvwierripls,  or  the  cyde  of  8  years,  for 
it  was  practically  apqplied  by  the  Greeks  to  the 
afiairs  of  ordinary  life.     The  calculation  was  this : 
as  the  solar  year  is  reckoned  at  365}  days,  8 
such  years  contain  2922  days,  and  eight  lunar 
years  2832  days  ;  that  is,   90  days  less  than  8 
sokr  years.     Now  these  90  days  were  constituted 
as  three  months,  and  inserted  as  three  intercalary 
months  into  three  diiforent  years  of  the  fartucTiypti, 
that  is,  into  the  third,  fifth,  and  eighth.  (Censorin.; 
Gemin.  IL  oe.)    It  should,  however,  be  observed 
that  Macrobius  {Sat.  L  13)  and  Solinus  {PolykisL 
iii.)  state  that  the  three  intercalary  months  were 
all  added  to  the  last  year  of  the  eoneaeteria,  whidi 


CALENDARIUM. 

vodd  ace—diqgly  baw  contained  444  dacfu.  Bot 
ikis  k  Bot  rerj  probable.  The  pefiod  cf  8  lolar 
jHR,  finthcr,  ciontalw  99  rerolittiona  of  the 
,  wUefa,  with  the  additkn  of  the  thjree  inter- 
Bke  2923)  dayi ;  M  that  in  ereiy 
I  Ten  there  k  !(  day  too  many,  which  in 
the  eoane  of  100  yeen»  agun  amonntB  to  one 
isdDth.  The  emieaeteris,  aocordii^y,  again  wai 
iamntct  The  time  at  which  the  cyde  w  the  en- 
aeaeteris  was  introdneed  is  imeertain,  bat  its  inae- 
cancTcaDed  forth  annmberof  otherimpforeaients 
«  sBeiapts  at  estaWiahing  chronology  on  a  soond 
hosat,  the  inoai  odebrated  among  which  is  that  of 
MKoa.  The  nomber  of  these  attempts  is  a  snf- 
firiatpnof  thai  ncme  of  them  was  erer  sanctioned 
er  adopted  hy  law  in  any  of  the  Greek  RpabHcs. 
These  cirearaolaiiecs  render  it  almost  impossible  to 
itdwe  aay  giren  date  in  Greek  histoiy  to  the  exact 
date  of  our  calendar. 

The  Greeks,  as  eariy  as  the  time  of  Homer,  i^- 
pear  10  have  been  perfectly  fiuniliar  with  the  diri- 
Boa  of  the  year  into  the  twelre  Inoar  months 
Bintianed  abore ;  bat  no  intercalary  month  (a&V 
fytiiufaas)  or  day  is  mentioned.  Independent  of 
the  division  of  a  month  into  days,  it  was  dirided 
Bto  periods  aieoording  to  tie  increase,  and  decrease 
of  the  moon.  Thus,  the  first  day  or  new  moon  was 
ailed  wmufK^ina.  (Horn.  Od.  x.  14,  zii.  825,  xx. 
IH,  xxL  258;  Hes.  Op.  H  Dki,  770.)  The 
pefiod  from  the  wwr/aiwta  ontil  the  moon  was  foil, 
was  expressed  by  /np^  Urrupimn^  snd  the  latter 
put  dnriitf  whwh  the  moon  decreaied  by  innf^s 
fUm^nM,  (HooLOrfLxiT.  ie2.)  The  80th  day 
cf  a  Bonth,  ua.  the  day  of  the  oonjonction,  was 
oOed  rpMirdb;,  oc,  aceeiding  to  a  ngolation  of 
SokMi  (Pint.  SoL  25),  Ini  koI  via,  becanse  one 
part  of  that  day  bekoged  to  the  expiring,  and  the 
ctW  to  the  beginning  month.  The  day  of  the 
foU  moon,  or  the  middle  of  the  month,  is  some- 
timcs  dcsignaled '  by  S(x4^<3|9i9.  (Pind.  OL  ir. 
34.) 


CALENDARIUM. 


S8S 


reece,  and  m  some  pans  ersB 
the  months,  they  htai^  dis- 

erically,  as  the  fint,  aeeond, 
&e.    In  Older,  therefore,  to 


The  month  in  which  the  year  began,  m  well 
as  the  names  of  the  months,  differed  in  the  dif- 
ferent  eonntries  of  Greece,  and  m  i 
no  names  existed  for  the  mo  ~ 
tingoished  only  nmnerically, 
third,  foorth  month,  Ac.  In  order,  therefore,  to 
aeqnire  anr  satisfocUny  knowledge  of  the  Greek 
calendar,  the  difiermt  states  most  be  considered 
separstdy. 

The  Attic  year  be^  with  the  sommer  solstiee, 
and  each  month  was  divided  into  three  deeids,  from 
the  1st  to  the  iOth,  from  the  10th  to  the  20th,  and 
from  the  20th  to  the  29th  or  80th.  The  fint  day 
of  a  month,  or  the  day  after  the  conjonction,  was 
poviap^l  and  as  the  fintdecad  was  designated  as 
yra/Utw  /nMr,  the  dars  were  regnlaily  coanted 
as  SfvT^po,  TpCnf,  Trrdpm^  Ac.,  /ofAt  itrofil' 
Dou.  The  days  of  the  second  decad  were  dis- 
tingoished  as  M  Mm,  or  Auovvrror,  and  were 
eoanted  to  20  legnlarly,  as  v^i^,  Stvr^  ^^^np, 
Tcrrdpni,  Ac,  M  94ica,  The  20th  itself  was 
called  cotit,  and  the  days  from  the  20th  to  the 
80th  were  coanted  in  two  difiierent  ways,  tis* 
either  onwards,  as  wp«(nr,  Sfvr^pa,  Tpfni,  Ac, 
M  c2ird8i,  or  backwards  from  the  kst  day  of  the 
month  with  the  addition  of  ^#(rarrot,  vawoyUyov, 
X^yorrof ,  or  Morrot,  as  ^ivdni,  8c«dn|i,  Ac, 
^Mrerrof,  which,  of  coarse,  are  difierent  dates  m 
hollow  and  in  frill  months.  Bat  this  mode  of  ooont- 
ing  badcwards  seems  to  hare  been  more  commonly 
used  than  the  other.  With  reeard  to  the  hollow 
months,  it  mast  be  observed,  Uiat  the  Athenians, 
generslly  making,  eoanted  29  dayi,  bat  in  the 
month  of  Boednmion  they  eoanted  80,  leaving 
oat  the  Mcond,  becaore  on  that  day  Athena  and 
Poseidon  were  believed  to  hare  disputed  about  the 
possession  of  Attica.  (Plat  Ds  Frat.  Am.  p.  489, 
^jfnqpoi.  ix.  7.)  The  fbllowinff  table  shows  the 
sncoeasioa  of  the  Atdc  months,  toe  nambcr  of  days 
they  contained,  and  the  correspondmg  months  d 


oar  year. 

1.  Hecatombaeon  (*£«rro|xgtai6r)  contained  80  days^  and  corresponds  neaily  to  oar  July. 
2L  Metageitniott  (MerwytrrFuJr)        —        29  —  —  August. 

-    '       '      —    ^        '  -  80  ^  - 


i.  Boedromion  (BanBpotu^) 

4.  Pjanepaion  (Hvcvcifruftr) 

6.  Maimacterion  {Matfieuer^pidw) 

6.  Poseideon  (no0-€i8«ftr) 

7.  Garaeiion  (r^wiyXMir) 

8.  Anthesterion  (*Aytfc<prcpM6r) 

9.  BapheboHrai  CEKBupfi9oK^r) 
IQl  Monyduan  (Movrvx"^) 

11.  Thaigelion  (eapyiiAuir) 

12.  Sdnpborion  (Xapofopifliy) 
At  the  time  when  the  Julian  Calendar  was 

adopted  by  the  Athenians,  probably  about  the 
time  of  the  Emperor  Hadrian,  the  lunar  year  ap- 
pean  to  hare  beoi  changed  into  the  solar  year ;  azid 
ix  bss  fiother  been  conjectured,  that  the  beginning 

1.  Herasxus  fRpdiriof), 

2.  ApeUaeus  (*Air«AAa2(»f) 
&  Diosthyus  (Ai^e^vor) 
4^  Unknown. 

5.  Eleosinios  ^Ektvffbfto$) 

6.  Oenstnis  (rtpderiot) 

7.  Artenushis  ('Aprt^vios) 

8.  Delphinius  (AcA^Xriot) 
a  Phliasins  (♦Aid<riot) 

10.  Hecatombeos  CE«nv/itf<^s) 

11.  Gsmeios  (Kurcibs) 

12.  Panamas  (lUM^fot) 


September 

29  —  —  October 

80  —  —  November 

29  "~  "—  December* 

80  —  —  Januaiy 

29  —  —  February. 

80  —  —  Mareh. 

29  —  ^  April 

80  —  —  May. 

29  —  —  June. 

of  the  year  was  tnmsfeiTed  from  the  sammer  sol- 
stioe  to  the  antomnal  equinox. 

The  year  of  the  Lacedaemonians,  which  is  be- 
lieved to  have  began  at  the  time  of  the  autumnal 
equinox,  contained  the  fi>Ilowing  months :  — 
neariy  coxresponding  to  our  October. 
^—  —  November* 

—  —         December. 

•—  —  Febniary. 

—  —  March. 
■—               -—  April. 

—  —  May. 
June. 
July. 
August 
September. 


724  CALENDARIUM. 

It  ■hould  be  obserred  that  the  order  of  most  of 
these  months  it  merelj  coniectmal,  and  of  some  it 
is  not  even  certain  as  to  whether  they  really  were 
Lacedaemonian  months.  Bat  here,  as  in  the  other 
lists,  we  foUow  Hennann^  view,  which  he  has 

1.  Bucatius  (BowKdrtos), 

2.  Hermaeus  OEpfMubt) 

3.  Prostaterius  {npoirrarfipios) 

4.  Unknown. 

5.  Theiluthius  (e«iAovtfios) 
6L  Unknown. 

7.  Unknown. 

8.  Hippodromius  (*linro9p6fuos) 

9.  Panamns  (Jldi^oiios) 

10.  Unknown. 

11.  Damatrius  (Aafidrpios) 

12.  Alalcomenius  {*AXaXKo/jJvuis) 


CALENDARIUM. 
fully  explained  in  the  work  lefemd  to  at  the  en 
of  this  article. 

Of  the  year  of  the  Boeotians,  which   b^an  s 
the  winter   sobtiee,  the   following 
known:  — 

nearly  corresponds  to  oar  January. 

—  —        Febrnary. 

—  —        March. 

—  —        May. 


—  August 

—  September. 

—  Noyembeiv 

—  December. 


The  months  of  the  year  at  Delphi  were — 
Bucatius  (Bovicdrtos),         nearly  answen  to  our  September. 


Heiaeus  CHpatos) 
ApeUaeus  CAwcAAoZos) 
Unknown. 

Dadaphorius  (AfSo^iof) 
Poetropius  (Tlotrp^ios) 

7.  Bysius  (BM-iof) 

8.  Artemisius  fA^t/Jo-Mf) 

9.  Heradeius  C^pdicKttos) 

10.  Boathous  (Bo€i06os) 

11.  Ilaeus  ClAoMs) 

12.  Theozenius  (0w^4pios) 


October. 
Norember. 

January. 

Februaiy. 

March. 

April. 

May. 

June. 

July. 

August 


The  names  of  the  months  at  Cymcni  an  given  I  founded  only  on  a  eonjecture,  and  the  laat  may  be 
in  the  following  order,  though  the  first  of  them  is  |  either  the  10th,  1 1th,  or  12th :  — 
1.  Boedromion  (BotiBpofu^v\      nearly  answers  to  our  October. 


2.  Cyanepeion  (Kvai^c^iiiy) 
8.  Apaturion  (AmerovpiAv) 

4.  Poseideon  {TlovuUAv) 

5.  Lenaeon  (\vivtuAw) 

6.  Anthesterion  QArBtcnipt^) 

7.  Artemision  (*A/rrcfua'uir) 

8.  Calamaeon  (KoKaiuu^if) 

9.  Panemus  (Udtn/ifwi) 
10.  Taureon  (^avpti&v) 

1 1  and  12.  are  unknown. 


November. 

December. 

Januaiy. 

February. 

March. 

ApriL 

May. 

June. 

July. 


Among  the  Sicilian  months  the  following  are  known  :— 
1.  Thesmophorius  (9wfiop6ptot)f  probably  answers  to  our  October. 

—  —  November. 


Dalius  (AdJaos) 

3.  Unknown. 

4.  Agrianitts  (^Ayptdt^tos) 

5.  Unknown. 

6.  Thendasius  (S*v9dfftot) 

7.  Artamitius  ^Aprafdrios) 

8.  Unknown. 

9.  Badromitts  (BoS^fuos) 

10.  Hyacinthius  (yoKlyBios) 

11.  Carneius  (Kajn^uts) 

12.  Panamus  (ndva/ios) 

We  further  know  the  names  of  several  isoktod 
months  of  other  Cheek  states  ;  but  as  it  is  as  yet 
impossible  to  determine  what  place  they  occupied 
in  the  calendar,  and  with  which  of  our  months 
they  correspond,  their  enumeration  here  would  be 
of  little  or  no  use.  We  shall  therefore  confine 
ourselves  to  giving  some  account  of  the  Macedonian 
months,  and  of  some  of  the  Asiatic  cities  and 
islands,  which  are  better  known. 

On  the  whole  it  ai^ears  that  the  Macedonian 
year  agieed  with  that  of  the  Greeks,  and  that  ac- 


—  —  January. 

—  —  March. 

—  —         ApriL 

—  —  June. 

—  —  July. 

—  —  August 

—  —  September. 

oordingly  it  was  a  lunar  ^ear  of  twelve  months, 
since  we  find  that  Maoedooian  months  are  described 
as  coincident  with  those  of  the  Athenians.  (See 
a  letter  of  King  Philip  in  Demosth.  De  Cbnm. 
p.  280  ;  Plut  QmmL  19,  Aim.  8»  16.)  AS  chro- 
nologers  agree  as  to  the  order  and  succession  of 
the  Macedonian  months ;  but  we  are  altogether 
ignorant  as  to  the  name  and  place  of  the  interatlaiy 
month,  which  must  ha^e  existed  in  the  Macedonian 
year  as  well  as  in  that  of  the  Greek  states.  The 
order  is  as  follows :  —  1.  Dios  (Ami),  2.  .^wllaeu 


CALENDARIUM. 

CAnM£Sat\  3.  Andynaeiit  (Ai9vpum\  4.  P«ri- 
tfiis  (Utfinasy,  5.  Djstxva  (Avcrpos),  6.  Xan- 
thices  (HoytfttctfsX  7.  Artemisina  (*Afrrc/c£a'iof ), 
a.  IbeuHs  (/kM^iof),  9.  Panemiu  (lUb^ifioff), 
10.  Loot  (A«os),  11.  Garpnens  (Tofrwuuos\  12. 
HTperixrelaeiw  fTti^fprrojbf).  The  diffieultj 
k  to  iieiatify  the  Uacedoman  monthB  with  thoK 
of  the  AthenknB.  From  Platarch  (OtumiL  19, 
coeifivitlk  Jfer.  16)  we  leani  that  the  Maoedanian 
JhasBi  vat  identical  with  the  Athenian  Thaige- 
Ika ;  hot  whUe,  aoooeding  to  Philip,  the  Mace- 
dacba  Lon  was  the  same  as  the  Athenian 
DDednmiany  PhitBidi  {AUsc.  3)  identifies  the 
Lpu  vith  the  Attic  Hecatomhaeon.  This  dis- 
ocfsiKT  Itts  gi^pen  rise  tOTarioiis  conjectures,  some 
Hppoiio^  th^  between  the  time  of  Philip  and 
Phtarch  a  tzanqpoaitian  of  the  names  of  the  months 
kfcl  taken  place,  and  othezs  that  Platarch  made  a 


CALENDARIUM. 


t2B 


mistake  in  identifying  the  Loos  with  the  Heca- 
tomhaeon. Bat  no  aatis&ctory  solation  of  the 
difficulty  has  yet  been  offered.  We  know  that 
the  Macedonian  year  began  with  the  month  of 
Dios,  commencing  with  the  autumnal  equinox. 
When  Alexander  conquered  Asia,  the  Macedonian 
calendar  was  spread  over  many  parts  of  Asia, 
though  it  underwent  Tarioos  modifications  in  the 
difiieient  countries  in  which  it  was  adopted.  When 
subsequently  the  Asiatics  adopted  the  Julian  Ca- 
lendai^  those  modifications  also  exercised  their  in- 
fluence and  produced  differences  in  the  names  of 
the  months,  although,  generally  speaking,  the  solar 
year  of  the  Asiatics  began  with  the  autunmal 
equinox.  During  the  time  of  the  Roman  emperors, 
the  following  cawndait  occur  in  the  promoe  of 
Asia;  — 


1.  Caesariufl  (Katadptos)                 had  30  days,  and 

began  on  the  24th  of  September. 

2.  Tiberias  (Ti«^p«of) 

31 

— 

— 

24th  of  October. 

31 

— 

— 

24th  of  NoTcmber, 

4.  Poudaon  (IlMri3<u6r) 

30 

— 

— 

25th  of  December. 

5.  Lenaeus  (A^muof) 

29 

— . 

— 

24  th  of  January. 

6.  HieitMebostos  O«P«»'^«^«0 

30 

— 

— 

22d  of  February. 

7.  Artemiaius  (^Afrr^ititnoi) 

31 

— 

— 

24th  of  March. 

8.  Evangelins  (E&or^Aiof) 

30 

— 

— 

24th  of  April 

9.  Stnttonicus  (Xrpar^vucot) 

31 

— 

— 

24th  of  May. 

31 

— 

— 

24th  of  June. 

11.  Anteus  CAjrT€o») 

31 

— 

— 

25th  of  July. 

1-1  Laodidos  (AooSiirios) 

30 

— 

-^ 

25th  of  August 

Among  the  Ephesians  we  find  the  following  months :  — 

1—4.  Unknown. 

5.  Apatureon  CAwaroiipcifar),  nearly 

answers  to  ooi 

Norembcr. 

6L  Poseideon  (Iloo^ctSc^) 

— 

— 

December. 

7.  Lenaeon  (AijroM&ir) 

-^ 

— 

January. 

a.  Unknown. 

9.  Artemision  (^kprfiuffiAy)        -^ 

^  .^ 

March. 

10.  Calamaeon  (JUaXa^Midni) 

— . 

— 

April 

11—12.  Unknown, 

At  a  later  time  the  Ephesians  adopted  the  same  I  with  the  month  of  Dius  on  the  24th  of  Sep- 
Dassi  01  the  Macedonians,  and  began  their  year  |  tember. 

The  following  is  a  list  of  the  Bithynian  montlis :  — 


1.  Heraeus  C^patos\ 
%  Hermaeufl  (^Ep/tcuos) 

3.  Metroos  (Mirrp^^) 

4.  Dionysiiis  (Aioinlio'ios) 

5.  Heiacleius  ('HpcUXciof ) 
6L  Dios  (Aiof) 

7.  Bendidaens  (JR^vZiZaios) 

8.  Stxateius  (Xrpdreios) 

9.  Periepios  (JL^ptixun) 

10.  Areius  ("Apciof) 

11.  Aphrodisius  (^k^poUffws) 

12.  Demetrius  (fiaiii'fyrptos) 


contained  31  days,  and  began  on  the  23rd  of  September. 

—  30  —  24th  of  October. 

—  31  —  23rd  of  NoTember, 

—  31  —  24th  of  December. 

—  28  —  24th  of  January. 

—  31  —  2l8t  of  February. 

—  30  — .  24th  of  March. 

—  31  —  23rd  of  April 

—  30  -*  24th  of  May. 

—  31  —  23rd  of  June. 

—  30  —  24th  of  July. 
-~  31  —  23rd  of  August. 


The  following  system  was  adopted  by  the  Cyprians : 

1.  Aphndisioa  ^AippoZlffios\  contained  31  days,  and  began  on 

2.  ApQgmicns  QAwayoyuc6s)  — 
2.  Aaiicai  (Au^uc^s)  — ■ 
4.  Jvlini  (lo^Aios)  — 
&  Caenios  (Kaurdpios)  — 

6.  Sebastus  {l^iatrrds)  — 

7.  Aotoaatoricns  (Ain-oKparopucSs)  — 

8.  Bemarehexusius  (Aiffuipx*i<»^*«»)  — ' 

9.  PIethj])stas  (UXn^Owaros)  — 
10.  Aithiereos  Qhfxupic6s)  — 
l\.  Esthins  CEofw)  — 
12.  RoBnens  (y^tuuos)  — 


30 
31 
31 
28 
80 
31 
31 
30 
31 
30 
31 


the  23rd  of  September. 
24th  of  October. 
23rd  of  November. 
24th  of  December. 
24th  of  January. 
21  St  of  February. 
23rd  of  March. 
23rd  of  April 
24th  of  May. 
23rd  of  June. 
24th  of  July. 
23rd  of  August. 


129 


CALENDARIUM. 


The  system  of  the  Cretans  was  the  same  as  that  nsed  by  most 
▼ia. — 

1.  Thesmophorion  (Oco/Ao^pu^r),  oontuned  81  days,  and 

2.  Hermaeus  ('Ef^uubf)  — 
8*  Eiman  (EJ/uu')  — 

4.  Metarchius  (Merd^tos)  — 

5.  Agyius  {"Ayvios)  — 

6.  Dioecnros  (AiSffKovpos)  — 

7.  Theodosius  {B^Matos)  — 

8.  PontuB  (n6yros)  — 

9.  Rhabinthius  CPa^i^iof)  — 

10.  Hyperbcrctus  ('Tircptf^perof)  — 

11.  Necyiitts(NcK^iOf)  — 

12.  BasOius  (JBatrlXwt)  — 

It  should  be  obserred  that  seveial  of  the  Eastern 
nations,  for  the  poipose  of  preventing  confusion  in 
their  calculations  with  other  nations,  dropped  the 
names  of  their  months,  and  merely  counted  the 
months,  as  the  first,  second,  third,  &c.  month. 
For  further  information  see  Corsini,  F<uL  Att^ 
which  however  is  very  imperfect ;  Ideler,  Hand- 
buck  der  Maihenu  u.  i€ckni$eken  CkronoL  vol.  L  p. 
227,  &c  ;  Clinton,  Fati.  HdLm,  vol.  ii.  Append, 
xix ;  and  more  especially  K.  F.  Hermann,  Ueber 
Grieehuehe  MonaUhmde^  Gottingen,  1844,  4to., 
and  Th.  Beigk,  Beitrdg^  xwr  GriechimAm  MonaU- 
hmde^  Giessen,  1 845,  8vo.  [L.  S.] 

2.  Roman  CxLENDAa.—  The  Year  o/Rommbu. 
— The  name  of  Romulus  is  commonly  attached  to 
the  year  which  is  said  to  have  pre'^iled  in  the 
earliest  times  of  Rome ;  but  tradition  is  not  con- 
sistent with  regard  to  the  form  of  it  The  his- 
torians Licinius  Macer  and  Fenestella  maintained 
that  the  oldest  year  consisted  of  twelve  months, 
and  that  it  was  already  m  those  days  an  atunu 
vertmsy  that  is,  a  year  which  coincided  with  the 
period  of  the  sun^s  course.  Censorinus,  however, 
in  whose  work  this  statement  occurs  {De  Die 
Naialif  c.  20 ;  compare  also  the  beginning  of  c.  19), 
goes  on  to  say  that  more  credit  is  due  to  Grao- 
canus,  Fulvius  (Nobilior),  Vairo,  and  others^  ac- 
cording to  whom  the  Romans  in  the  earliest  times, 
like  the  people  of  Alba  from  whom  the^  sprang, 
allotted  to  the  year  but  ten  months.  This  opinion 
is  supported  by  Ovid  in  several  passages  of  his 
Fa$H  (L  27,  4S,  iii  99,  119,  151);  by  GeUius 
(Mxrf.  AtL  ill  16),  Macrobins  {SaiurH.  I  12), 
Solinus  iPofyh,  L),  and  Servius  (ad  Gwrg,  i  43). 
Lastly,  an  old  Latin  year  of  ten  months  is  implied 
in  the  fact,  that  at  Lanrentum  (Macrob.  L  15)  a 
sacrifice  was  offered  to  Juno  Kalendaris  on  the 
first  of  every  month  except  February  and  January. 
These  ten  months  were  called  Martins,  Aprilis, 
Maius,  Junius,  Quinctilis,  Seztilis,  September, 
October,  November,  December.  That  March  was 
the  first  month  in  the  year  is  implied  in  the  last 
six  names ;  and  even  Plutarch,  who  ascribes  twelve 
months  to  the  Romulian  year  (Numa^  c.  18), 
places  Januarius  and  Februarius  at  the  end.  The 
fiu:t  is  also  confirmed  by  the  ceremony  of  rekindling 
the  sacred  fire  m  the  temple  of  Vesta  on  the  first 


CALENDARIUH* 

of  the  mhabitanis  of  Aaia  Minor, 


81  days,  and  began  on  the  23rl  of  SeptemVer. 

80                 — 

24th  of  October. 

81                  — 

23rd  of  November. 

81                 — 

24  th  of  December:. 

28                 — 

24th  of  January. 

81                  — 

21stofFebnianr. 

80                 — 

23rd  of  Mareh. 

81                  — 

23rdofApriL 
24th  of  May. 

80                 — 

81                 — 

23rd  of  June. 

80                 — 

24th  of  July. 

81                 — 

23Td  of  August 

day  of  March,  by  the  practice  of  placing  fresh 
laurels  in  the  pnbUc  buildings  on  that  day,  and  by 
many  other  customs  recorded  by  Macrobius  (u 


12).  With  regard  to  the  length  of  the  mraiths, 
Censorinus,  Macrobius,  and  Solmus  agree  in  ascrib- 
ing thirty-one  days  to  four  of  them,  called  pleni 
meaaes  ;  thirty  to  the  rest  called  eavi  menaes.  The 
four  longer  months  were  Martius,  Maius,  Quinc- 
tilis,  and  October ;  and  these,  as  Macrobius  ob- 


serves^ were  distinguished  m  the  latest  fonn  of 
the  Roman  calendar  by  having  their  nones  two 
days  later  than  any  of  the  o&er  months.  The 
symmetry  of  this  arrangement  will  appear  by 
placing  the  numbers  in  succession:  —  31,  30  ;  31, 
30 ;  31,  30,  30  ;  31 ;  30,  30.  Ovid,  indeed,  ap- 
pears to  speak  of  the  months  as  coinciding  with  the 
lunar  period :  — 

''Annus  erat  decimum  cum  luna  repleverat  aimom  i^ 
but  the  language  of  a  poet  must  not  be  pressed  too 
closely.  On  the  other  hand,  Plutarch,  in  the  pas- 
sage already  referred  to^  while  he  assigns  to  the  old 
year  twelve  months  and  365  days,  raeaks  of  the 
months  as  varying  without  system  between  the 
limits  of  twenty  and  thirty-five  days.  Such  an 
irregularity  is  not  incredible,  as  we  find  that  e^en 
when  Censorinus  wrote  (▲.  d.  238),  the  Alfaan 
calendar  gave  36  days  to  March,  22  to  May,  18  to 
Seztilis,  and  16  to  September ;  while  at  Tusculum 
Quinctilis  had  36  days,  October  32 ;  and  again  at 
Aricia  the  same  month,  October,  had  no  leas  than 
39.  (Censorinus,  c.  22.)  The  Romulisn  year,  if 
we  follow  the  majority  of  authors,  contained  but 
304  days ;  a  period  differing  so  widely  from  the  real 
length  of  the  sun^  course,  that  the  months  would 
rapidly  revolve  through  all  the  seasons  of  the  year. 
This  inconvenience  was  remedied,  sajrt  Macrobius 
(i.  13),  by  the  addition  of  the  proper  number  of 
days  required  to  complete  the  year ;  but  these  days, 
he  goes  on  to  say,  did  not  receive  any  name  as  a 
month.  Servius  speaks  of  the  intercsuated  period 
as  consisting  of  two  months,  which  at  first  had  no 
name,  but  were  eventually  oiled  after  Janus  and 
Februus.  That  some  sjrstem  of  intercahuion  was 
employed  in  the  Romulian  year,  was  also  the 
opinion  of  Licinius  Macer.  (Macrob.  L  IS.)  This 
appears  to  be  all  that  is  handed  down  with  regard  ' 
to  the  earliest  year  of  the  Romans. 

As  a  year  of  ten  months  and  304  days,  at  once  ' 
fidls  greatly  short  of  the  solar  year,  and  contains  i 
no  exact  number  of  lunations,  some  have  gone  so  I 
fiir  as  to  dispute  the  truth  of  the  tradition  in  wholo  : 
or  part,  while  others  have  taxed  their  ingenuity  to  I 
account  for  the  adoption  of  so  anomalous  a  year,  i 
Puteanus  (Dt  Mhu/oim,  in  Oraevius*  Thesaurus,  { 
vol.  viiL),  odling  to  mind  that  the  old  Roman  or  i 
Etruscan  week  contained  eight  days  *,  OTery  eighth  | 


*  Hence  there  are  found  attached  to  the  suc- 
cessive days  in  the  old  calendars  the  recurring 
series  of  letters  A,  B,  0,  D,  E,  F,  0,  H,  no  doubt 
for  the  purpose  of  fixing  the  nundines  in  the  week 
of  eight  days ;  precisely  in  the  same  way  in  which 
the  first  seven  letters  are  still  employed  in  eccle- 
siastical calendars,  to  mark  the  days  of  the  Chris- 
tian week. 


CALENBARIUM. 

^  bdiif  ipeciinj  devoted  to  leliffioQi  and  oUier 
piUie  pafpoKii  under  tlw  name  of  momm  or  Mm- 
d&nc,  was  tho  fink  to  point  ont  that  the  number 
304  tt  a  peOM  moh^la  of  eiglit.  To  thia  ohserr- 
iboB,  B  itidf  of  little  monnnt,  Niebnlir  haa  giTon 
Hoe  we%ht,  bj  fintber  nocking  tbat  the  38  non- 
dim  ia  a  jov  of  304  daja  tally  exactly  with  the 
nabs  of  diet  ^Gutf  alterwnrda  retained  in  the 
Jdian  cdcndac  Another  wrifeer,  Pontedera,  ob- 
Kned  that  304  bora  to  365  di^  neatly  the  ntio 
•f  5  to  61,  oz  of  the  Romiilinn  yean  eontalninff 
18-24,  ive  of  the  longer  perioda  1825  di^a;  anS 
Nubafar  (Ann.  ^TmL  ToL  L  p.  271),  who  ia  a  waim 
adrocate  of  the  ten-month  yenr,  hnamade  mneh  me 
of  tliii  oQoadcntion.  He  thna  exphuna  the  origin 
fif  the  vdl-known  quinq[nanual  period  called  the 
katram,  which  Genaorinua  (a  IB)  expreaaly  caBs 
u  9ma  magmuy  that  ia,  in  the  modem  language 
•f  ckneobgy,  a  cjde.  Moreorer,  the  year  dT  ten 
■«tb»  ttji  the  aame  writer  (pL  279),  vaa  the 
taa  fcr  BMBming,  for  paying  portiona  left  by  will, 
fa  credit  on  the  aale  of  yearly  profita ;  moot  pro- 
biUy  fiir  all  kiana ;  and  it  waa  the  measure  for 
the  'nast  ancient  nte  of  interest  [Fbnv&] 
hu&jy  he  findi  in  the  exiatence  of  this  diort  year 
tk  sotatian  of  oertain  historical  diAcoltaes.  A 
peeee,  or  xathcr  tmee,  with  Veil  was  eonduded 
h  tbe  year  380  of  Rome,  for  40  yean.  In  316 
rideme  Rfohed  and  joaned  Veii,  which  impliea 
tbt  Yoi  vaa  alieady  at  war  with  Rome ;  yet 
tke  Yeieatines  are  not  aceoaed  of  haying  broken 
their  osthk  (Lrr.  if,  1 7.)  Again,  a  twenty-yean* 
trace,  aside  in  329,  ia  aaid,  by  Uty,  to  haTo  ex- 
piled  b  347  (iT.  68.)  Theae  fiuta  are  ezplainod 
by  aippwing  the  years  in  qneation  to  haye  been 
thott  fif  tea  moatha,  fiir  40  of  these  are  equal 
t»  Si  erdiaary  years,  20  to  16| ;  so  that  the 
6nBcr  trace  temunated  in  314,  the  hrtter  in  346. 
^ihdy,  ^  tmee  of  e^ht  yean  oondnded  with 
fte  VehoBBS  in  333,  extended  in  fi«t  to  no  more 
thm  (^|  fidl  yean  ;  and  hence  the  Volsdana  re- 
■end  the  war  in  3S1,  without  eaqmdng  them- 
ibItci  to  Ae  charge  of  perjury. 

TbeK  Dteoiens  and  perhiqia  satisfikctory  qwen- 

htioBi  of  lie  Gennaia  critic,  of  coune  imply  that 

tfe  dedaegirial  year  atill  sntriYod  long  after  the 

R«el  Komnnieat  hard  ceased;  and  in  fiut  he  be- 

bms  that  this  year,  and  the  Iimar  year,  as  deter- 

UMd  by  Seahgerls  proposed  cycle  of  22  year^ 

«Hsieted  from  the  earliest  times  down  to  a  htte 

fcnod.   TheiievBof  Niebuhrdonotreqmrethat 

jknoBthsshoaldhttTecODsiBtedof  31  or  30  days; 

Bdeed  it  would  be  more  natural  to  suppose  that 

«chiaQBth,aawdl  aa  the  yeai^oontained  a  precise 

lanber  of  eight-day  weeks  ;  eight  of  the  months, 

fcr  msisBei^  tering  lour  anch  wc«ks,  the  two  othen 

^tbree.   Etca  in  the  so-called  calendar  of  Numa 

ve  lad  the  Ktmaeaa  week  afiiocthig  the  division 

^  tbe  Boath,  there  being  ^ht  days  between  the 

laaamid  idtt,  from  whidi  dreorastanoes  the  nones 

KKQied  thdr  name ;  and  again  two  such  weeks 

fittitbeideBtotheendofthe  month ;  and  this, 

vkelher  die  whole  month  eoatained  3 1  or  29  days. 

He  Few  of  ATwauk  —  Haring  described  the 

B<"Bsliia  year,  Cenaorinos  (c  20)  piooeeds  thus : 

7-**  Afiffvurda,  eHher  by  Numa,  as  FuItIus  has 

it,  «r  aceordmg  to  Junina  by  Tarquin,  there  was 

ioMitiited  a  year  of  twelve  months  and  355  days, 

tHboDgb  the  moon  in  twehre  Innations  mean  to 

nopl^  bot  354  daysi    The  ezoesa  of  a  day  waa 

avmg,  either  to  enor,  or  what  X  consider  mote 


CALENDARIUM. 


227 


probable^  to  that  stqienstitioos  feeliM,  aeeofdii^  te 
which  an  odd  number  was  aeooonted  InD  (jrfsaai) 
and  more  fiirtanate.  Be  thia  as  it  may,  to  the 
year  which  had  prenoqsly  been  in  use  (that  of 
Romulus)  one-and-fiftf  days  were  now  added ;  bat 
aa  these  were  not  sufficient  to  oonstitnte  two  montha, 
a  day  waa  taken  from  each  of  the  before-mentioned 
hoUow  montha,  which  added  thento,  made  iq»  57 
daya,  out  of  which  two  months  were  formed,  Jani^ 
arioa  with  29,  and  Febraarios  with  28  daya.  Thus 
all  the  montha  henceforth  were  full,  and  eontained 
an  odd  number  of  days,  save  Februariua,  which 
akne  was  hoUow,  and  hence  deemed  more  unlucky 
than  the  rest**  In  this  paasage  it  is  fitting  to  ob- 
serve that  the  termapfaM*  and  eoei  waasirt  are  w^ 
plied  in  a  sense  precisely  opposite  to  the  practiee  of 
the  Qreek  language  in  the  phrases  m^*^'  vXiifeis 
and  ico^M.  The  mysterioua  power  aacribed  to  an 
odd  number  is  fiuniUar  from  the  Nmmaro  dbut  tse- 
potPB  gamdtt  of  VirgiL  Pliny  alao  {H.  M  xxviii, 
5)  obaerves, — Imparm  immen»  ad  ommia  oei»iiiaw 
tiont  ermUmiM*  It  was  of  oourse  impossible  to 
give  an  odd  number  of  days  at  the  same  time  to 
the  year  on  the  one  hand,  and  to  caoh  of  the  twelve 
months  on  the  other ;  ud  yet  the  object  iras  in 
some  measure  effiacted  by  a  division  of  February 
itself  into  23  days,  and  a  supernumerary  period  oif 
fire  days.  (See  the  mode  of  intercabition  below.) 
The  year  of  Numa  then,  aooordine  to  Censorinus, 
contained  355  days.  Plutarch  telu  us  that  Numa 
estimated  the  anomaly  of  the  sun  and  moon,  by 
which  he  means  the  diffiBrence  between  twelve 
lunations  and  the  ann%  annual  oourse  at  eleven 
days, «.«.  the  difierenoe  between  365  and  354  dayiu 
Macrobius,  too^  says  that  the  year  of  Numa  had  at 
first  354,  afterwarda  355  days.  Compare  herewith 
LiT.  i  19 ;  Ovid.  FatH^  L  43,  iii  151  ;  AureL 
Vict  e.  3  ;  FliDruB,  i.  2  ;  Solinua,  0. 1. 

Twdre  Innations  amount  to  354  days,  8K  48' 
36",  so  that  the  so-called  year  of  Numa  was  a 
tolerablT  correct  lunar  year ;  though  the  montha 
would  have  coincided  more  aocniately  with  the 
smgle  hmations,  if  they  had  been  Umited  to  30  and 
29  days,  instead  of  31,  29,  and  28  days.  That  it 
waa  in  fiut  adapted  to  the  moon's  coarse  is  the  con- 
current aasertion  of^ancient  writers,  more  partico- 
laiiy  of  Livy,  who  says :  (A^naia)  owaiwai  pruaaMa 
odcMntm  hnfM tw  rfaorfactwi  mtutit diMcnbH auiuitt» 
Unfintimately  however,  many  of  the  same  writen 
ascribe  to  the  same  period  the  introduction  of  such 
a  system  of  intercalatkm  as  must  at  once  have  dia- 
located  the  coincidence  between  the  civil  month 
and  the  famar  period.  At  the  end  of  two  yean 
the  year  of  Numa  wonid  have  been  about  22  days 
in  anear  of  the  sdar  period,  and  accordingly  it  is 
said  an  intercalary  month  of  that  duration,  or  elae 
of  23  days,  was  inaerted  at  or  near  the  end  of  Feb- 
ruary, to  bring  Uie  civil  year  into  afl^ement  with 
the  regular  return  of  the  seasons.  Of  this  svatem 
of  intenalBtion  a  more  aecniate  aooonnt  shall  pre- 
sently be  given.  But  there  is  strong  reason  for 
believing  that  this  particdar  mode  of  mtereahition 
was  not  contemponuy  in  origin  with  the  year  of 
Nunuu 

In  antiquarian  subjects  it  vril]  generally  be  found 
that  the  assistance  of  ttpoxAogy  is  fsswitial  1  be- 
cause the  original  names  that  belong  to  an  institn- 
tion  often  continue  to  exist,  even  after  such  changes 
huTo  been  introduced,  that  they  am  no  longer 
adapted  to  the  new  cirder  of  things ;  thua  they 
survive  aa  useful  memorials  of  the  peat  In  thai 
q2 


228 


CALENDARIUM. 


way  we  are  enabled  oj  the  original  ibcflhing  of 
words,  aided  by  a  few  fragments  of  a  traditional 
character,  to  state  that  the  Romans  in  early  times 
possessed  a  year  which  altogether  depended  upon 
the  phases  of  the  moon.  The  Latin  word  metuit 
(Varro,  De  lAng,  Lai,  ▼!,,  or  in  the  old  editions,  r. 
54),  like  the  Greek  /x^r  or  /tc^f,  and  the  Engtish 
monA^  or  German  monaikt  is  evidently  connected 
with  the  word  mooii.  Again,  while  in  the  Greek 
language  the  name  iw/ii|yta  (new-moon),  or  cnf 
fcal  F^o,  given  to  the  first  day  of  a  month,  betrays 
its  lunar  origin,  the  same  result  is  deduced  from 
the  explanation  of  the  word  Ao^emfae,  as  found  in 
Macrobius  (i  15).  *^  In  ancient  times,**  says  that 
writer,  ^  bdTore  Cn.  Fkvius  the  scribe,  against  the 
pleasure  of  the  patricians,  made  the  fasti  known  to 
the  whole  people  (the  end  of  the  4th  century  b.  c), 
it  was  the  duf^  of  one  of  the  pontiiices  minores  to 
look  out  for  the  first  appearance  of  the  new  moon  ; 
and  as  soon  as  he  descried  it,  to  cany  word  to  the 
rez  sacrificulus.  Then  a  sacrifice  was  offered  by 
these  priests,  after  wliich  the  same  pontifex  having 
summoned  the  plebs  (oalaia  plebe)  to  a  place  in  the 
capitol,  near  the  Curia  Calabra,  which  adjoins  the 
Casa  Romuli,  there  announced  the  number  of  days 
which  still  remained  to  the  nones,  whether  five 
4>r  seven,  by  so  often  repeating  the  word  koXw,** 
There  was  no  necessity  to  write  this  last  word  in 
Greek  characters,  as  it  belonged  to  the  old  Latin. 
In  fiict,-  in  this  very  passage,  it  occurs  in  both 
ealata  and  calabra ;  and  again,  it  remained  to  the 
latest  times  in  the  word  nomendaior.  In  regard 
to  the  passage  here  quoted  firom  Macrobius,  it  must 
be  reoollecU^  that  while  the  moon  is  in  the  imme* 
diate  vicinity  of  the  sun,  it  is  impossible  to  see  it 
with  the  naked  eye,  so  that  the  day  on  which  it  is 
^first  seen  is  not  of  necessity  the  day  of  the  actual 
conjunction.  We  learn  elsewhere  that  as  soon  as 
the  pontifex  discovered  the  tiiin  disc,  a  hymn  was 
Bung,  beginning  Jana  novella^  the  word  Jana  (Ma- 
crob.  Sat.l9i  Vano,  De  Re  RusL  l  37)  being 
only  a  dialectic  variety  of  Diana,  just  as  Diespiter 
or  Diupiter  corresponds  to  Jupiter ;  and  other  ex- 
amples might  readily  be  given,  for  the  change  occurs 
in  almost  every  word  which  has  the  syllables  de  or 
or  di  before  a  voweL  Again,  the  consecration  of 
the  kalends  to  Juno  (Ovid.  Faetij  I  55,  vi.  39  ; 
Macrob.  Sat,  L  9.  15)  is  referred  by  the  hitter 
writer  to  the  £ut  that  the  months  originally  began 
with  the  moon,  and  that  Juno  and  Luna  are  the 
same  goddess  ;  and  the  poet  likewise  points  at  the 
same  connection  in  his  exphmatton  of  Juno*B 
epithet  Lucina.  Moreover,  at  Lanrentum  Juno 
was  worshipped  as  Juno  Kalendaris.  Even  so  late 
as  448  B.  c.  strictly  lunar  months  were  still  in  use  ; 
for  Dionysius  (Aniiq.  x.  59)  says  that  Appius,  in 
that  year,  received  the  consular  authority  on  the 
ides  of  May,  being  the  day  of  full  moon,  for  at 
that  time,  he  adcb,  the  Romans  regulated  their 
months  by  the  moon.  In  fiu;t,  so  completely  was 
the  day  of  the  month,  which  they  called  the  ides, 
associated  with  the  idea  of  the  full  moon,  that 
some  derived  the  word  kwh  rov  cKifouf ,  quod  eo  die 
flmam  spedem  luna  demoiutrei.  (Macrob.  ibid.) 
Quietly  to  insert  the  idea  of  plaiam,  when  the 
Greek  word  signified  merely  «p#vcm,  is  in  accord- 
ance with  those  loose  notions  which  prevailed  in 
all  ancient  attempts  at  etymology.  But  though 
the  derivation  is  of  course  groundless,  it  is  of  his- 
torical value,  as  showing  the  notion  connected  with 
the  term  ides. 


CALENDARIUM. 

For  the  same  reason  probably  the  ides  of  March 
were  selected  for  the  sacrifice  to  the  goddess  Anna 
Perenna,  in  whose  name  we  have  nothing  more 
than  the  feminine  form  of  the  word  omms,  which, 
whether  written  with  one  n  or  two,  whether  in  iLa 
simple  form  atmus^  or  diminutive  (mmUitt,  still 
always  signifies  a  drde.  Hence,  as  the  maaenline 
form  was  easily  adopted  to  denote  the  period  of 
the  sun*s  course,  so  the  fnninine  in  like  naaoner 
might  well  be  employed  to  signify,  first  the  moon's 
revolution,  and  then  the  moon  hosel^  The  ten- 
dency among  the  Romans  to  have  the  aame  word 
repeated,  first  as  a  male  and  then  as  a  female  deity, 
has  been  noticed  by  Niebnhr ;  and  there  ooeora  a 
complete  parallel  in  the  name  Dianus,  afterwards 
Janus,  for  the  god  of  diee^  or  light,  the  sun ;  I>^na, 
afterwards  Jana,  for  the  goddess  of  light,  the  moon ; 
to  say  nothing  of  the  words  Jupiter  smd  Juno. 
That  the  month  of  March  should  have  been 
selected  arose  from  its  being  the  first  of  the  jear, 
and  a  sacrifice  to  the  moon  might  well  take  f^ace 
on  the  day  when  her  power  is  fully  displayed  to 
man.  The  epithet  Perenna  itself  means  no  more 
than  eoer-drcUtiff.  Nay,  Macrobius  himself  (c.  1 2) 
connects  the  two  words  with  (amaa,  when  he  states 
the  object  of  the  sacrifice  to  be — ui  annare  perat- 
itanque  oommode  Uceat, 

Another  argument  in  fiivour  of  the  lunar  origiii 
of  the  Roman  month,  is  deducible  from  the  practice 
of  counting  the  days  backward  firom  the  Kalends, 
Nones,  and  Ides ;  for  the  phrases  will  then  amount 
to  saying  —  **  It  wants  so  many  days  to  the  new 
moon,  to  the  first  quarter,  to  fuU  moon.**  It  would 
be  difficult,  on  any  other  hypothesis,  to  account  for 
the  adoption  of  a  mode  of  odculation,  which,  to  our 
notions  at  least,  is  so  inconvenient ;  and  indeed  it 
is  expressly  recorded  that  this  practice  was  derived 
fiwm  Greece,  under  which  term  the  Atiienians 
probably  are  meant ;  and  by  these  we  know  that 
a  strictly  lunar  year  was  employed  down  to  a  late 
period.    (Macrob.  L  16.) 

But  perhaps  the  most  decisive  proof  of  all  lies 
in  the  simple  statement  of  Livy  (L  19),  that  Numa 
BO  regulated  his  lunar  year  of  twelve  months  by 
the  insertion  of  intercahiry  months,  that  at  the  end 
of  every  mneteentk  year  it  again  coincided  with 
the  same  point  in  the  sun*s  course  from  which  it 
started.  His  words  are — Quern  (awssst)  isUer- 
cttlaribtts  fneneilmi  i$Uerpo»endi»  iia  dispemoU  ui 
vioeneimo  atmo  ad  mekan  eandem  toUs  tauie  orsi 
sim^,  plemt  amtorum  ommum  qtatOaj  dies  con" 
ffruerenL  We  quote  the  text ;  because  editors,  in 
support  of  a  theory,  have  taken  the  liberty  of  alter- 
ing it  by  the  insertion  of  the  word  quarto^  foi]get- 
ting  too  that  the  words  quarto  et  vioeHnmto  a»n»o 
signify,  not  every  tweniy-fowik  jfear^  which  their 
theory  requires,  but  every  tweniy-Oird^  accordinjr 
to  that  peculiar  view  of  the  Romans  which  led 
them  to  count  both  the  extremes  in  defining  the 
interval  firom  one  point  to  another ;  and  which  still 
survives  in  the  medical  phrases  tertian  and  quartan 
ague^  as  well  as  in  the  French  expressions  ibu/ 
joure  for  a  loee/t,  and  quinxe  jours  for  a/brtniffiU, 
Accordingly,  it  is  not  doing  violence  to  words,  but 
giving  the  strict  and  necessary  meaning  to  them, 
when,  in  our  own  translation  of  the  passage  in 
Livy,  we  express  vieeHsimo  atmo  by  evety  na^etnik 
year. 

Now  19  years,  it  is  well  known,  constitute  a  moet 
convenient  cycle  for  the  conjunction  of  a  lunar  aud 
solar  year.  A  mean  lunation,  or  synodic  month,  a^- 


calenbarium: 

eiriiBg  to  modern.  wtraDoiny,  is  29d.  121u  44'  9^, 

as  J  a  ncaii  trapicBl  year  865d.  5fa.  48'  48".  Hence 

k  win  te  haad,  that  235  hmatioiu  amoimt  to 

(:>3ld.  16k.  31'  45",  wliile  19  tropical  yean  giTe 

«.^39<L  Hk.  27'  13",  so  that  tlie  difference  is  only 

31 4'  93".    Ahkmgh  it  was  ooly  in  the  second 

emisiy  &&  that  Hipparchns  gara  to  astronomical 

•  serrations  a  nieety  which  coold  pretend  to  deal 

mi*Ji  teeonds*;  yet  ercn  in  the  re^si  period  of 

Kfiiie,  the  Oia^  towns  in  the  sooth  of  Italy  must 

airadr  have  posaeawd  astnnomersyfrom  whom  the 

B  tttlKtaBU  of  Latinm  could  have  honowed  inch  a 

p^  practical  knowledge  of  hoth  the  moon  and 

Nff.^  period,  as  was  snffident  to  show  that  at  the 

ni  of  19  solar  yean  the  moon^  age  would  be 

Btjirty  what  it  waa  at  the  commencement ;  and  it 

A-mlA  be  neollected  that  the  name  of  Nnma  is 

rften  connected  hy  tnuUtioa  with  the  learning  of 

MvBs  Oiaecm.    At  any  rate  a  cycle  of  19  years 

«u  iamdaoed  hy  Heton  at  Athens,  in  the  year 

432  B.&;  and  ^e  knowledge  of  it  among  the 

Vmd  siay  fvohaUy  haTe  preceded  by  a  long 

r<nod  in  inuuduttion  into  popniar  nse,  the  more 

»  m  idigimis  festiTab  are  generally  connected 

«nh  the  Tatiang  divisions  of  time,  and  soperstition 

tindne  weald  be  most  eeftainly  opposed  to  in- 

BTTitxins  of  the  afananack.     How  the  Romans  may 

\\jt  intewilated  in  their  1 9  lunar  yean  the  soTen 

ftMitMosI  amiths  which  are  requisite  to  make  up 

aieirlioleinmiberof235  (»12  x  19  +  7)  lunations, 

M  &  nbject  upon  which  it  would  be  useless  to 

cpRolste.   ¥na  a  unioD  of  these  -various  oonsider- 

iaon,  it  mait  be  deemed  highly  probable  that  the 

^anoaa  at  one  period  poaacncd  a  division  of  time 

OfpndcBt  vpon  the  moon^  couise, 

rmrtfihe  Dteeaofiri  (ao  called  by  Ideler).  — 

TW  itt«dTct  which  induced  the  Romans  to  abandon 

tbf  iuaar  jear  are  no  where  recorded  ;  nor  indeed 

li^e  date  of  the  chai^.     We  have  seen,  however, 

t^t  erea  m  the  year  448  &  c^  the  year  waa  still 

r^nlated  by  the  moon^k  conne.    To  this  must  be 

*^«^  that,  aoeovding  to  Tuditanus  and  Caasius 

H<auoa,a  biB  on  the  snbject  of  intercalation  was 

^fn^  beftfe  the  people  by  thoae  decemviri,  who 

•^  the  tiro  new  tables  to  the  preceding  Ten 

(Micxob.  113X  that  is  in  the  year  450  b.  c    That 

U:«tttentionof  these  decemviri  was  called  to  the 

««<faf . »  also  proved  by  the  contenU  of  the 

pninthTahk,  whenin  it  is  decreed  that  "the 

f*t^ihall  be  set  down  in  the  calendars.**    We 

UTetbesothorityof  Vane  mdeed,  that  a  system 

^atoolstioD  already  existed  at  an  earlier  date  { 

«  he  »js  that  then  was  a  very  ancient  law  en*> 

«a»ed  oQshiwiae  piUar  by  L.  Pinarius  and  Furius 

a  their  coondate  en  mentio  mttrealaru  tuer^bUmr. 

7^  e  Sid  the  last  words  mLatm  from  the  text  of 

laaaoViai  (c  13),  bccanse  their  import  is  doubtful. 

Lr  *"  "^  ^  interpreting  them  thus—**  the 

^^>pm  which  is  expressed  by  a  month  called 

1*^2^'*  sn  that  is  meant  may  be  one  of  the 

aienalsiy  hnatioDS,  which  must  have  existed 

^mnthaadhmaryear.    At  the  period  of  the 

t^T!?'  l«sialation  thera  was  probably  instituted 

tttthmof  theyear  of  854  days,  which  was  cor^ 

^>  the  short  intscalary  month,  called  Mer- 

r™«».  *  Mercidinns ;  but  so  corrected  as  to 

^^  tbe  year  and  months  of  all  connection  with 

««*»^cBiina.    The  length  of  the  aeveral  or> 


CALENDARIUM;  229 

dinary  months  was  probably  that  which  Censorious 
has  erroneously  allotted  to  the  months  of  Numa^s 
lunar  year,  viz.: — 


Martins  SI  days. 
Aprilis  29  „ 
Maius  81  M 
Jimius  29  „ 
QuinctilisSl  „ 
Sextilis    29    - 


September  29  daya. 
October  81  „ 
November  29  „ 
December  29  „ 
Januarins  29  „ 
Februarius  28    „ 


Such,  at  any  rate,  was  the  number  of  days  in 
each  month  immediately  prior  to  the  Julian  correc- 
tion ;  for  both  Censorinus  and  Macrobiua  say  that 
GaettT  added  two  da3r8  to  Januarius,  Sextilis,  and 
December,  and  one  to  Aprilis,  Junius,  September, 
and  November.  Hence  Niebuhr  appears  to  have 
made  an  error  when  he  asserts  (vol  iL  note  1 1 79) 
that  July  acquired  two  more  days  at  the  reform- 
ation of  the  calendar,  and  founds  thereon  a  charge 
of  carelessness  sgainst  Livy.  Moreover  that  No- 
vember had  but  29  days  prior  to  the  collection,  in 
other  words,  that  the  XVII.  KaL  Dec.  unmediately 
followed  the  Idus  Nov.,  appears  from  a  comparison 
of  Ciceroni  letters  to  Tiro  {Ad  Fam,  xvi  7.  9) ; 
for  he  reaches.  Corcyra  a.  d.  V.  Id.  Nov.,  and  on 
the  XV.  Kal.  Dec  complains — Sqptumvm  jam  diem 
ieHebamur,  The  seven  days  in  question  would  be 
IV.  li.  III.  Id.,  Prid.  Id.,  Id.  Nov.,  XVII.  KaL 
Dec,  XVI.  KaL  Dec,  XV,  KaL  Dec  That  the 
place  of  the  nones  and  ides  was  in  each  month  the 
same  before  the  Julian  correction  as  afterwards,  is 
asserted  by  Macrobius. 

The  mam  difficulty  is  with  regard  to  the  mode 
of  intercalation.  Plutarch,  we  have  already  ob- 
served, speaks  of  an  intercalation,  by  him  referred 
to  Numa,  of  22  days  in  alternate  yean  in  the 
month  of  February.  Censorinus,  with  more  pre- 
cision, says  that  the  number  of  days  in  each  inter- 
calation was  either  22  or  23,  and  Macrobius  agreea 
with  him  in  substance.  Of  the  point  at  which  the 
supenramerary  month  was  inserted,  the  accounto 
are  these :  —  Varro  {De  Imq,  LoL  vL  55)  says,  the 
twelfth  month  was  February ;  and  when  intercala- 
tiona  take  place,  the  five  last  days  of  this  month 
are  removed.  Censorinus  agrees  herewith,  when 
he  places  the  intercaktion  generally  (potistimum) 
in  the  month  of  February,  ^tween  the  Terminalia 
and  the  Regifugium,  thjU  is  immediately  after  the 
day  called  by  the  Romans  a.  d.  VL  KaL  Mart,  or 
by  us  the  24th  of  February.  This,  again,  is  con* 
firmed  by  Macrobius.  The  setting  aside  of  the  last 
five  days  agrees  with  the  practice  which  Herodotus 
ascribes  to  the  Egyptians  of  considering  the  five 
days  over  the  860  as  scarcely  belonging  to  the 
year,  and  not  pbcmg  them  m  any  month.  So 
completely  were  these  five  days  considered  by  the 
Romans  to  be  somethmg  extraneous,  that  the 
soldier  appean  to  have  received  pay  only  for  860 
days.  For  in  the  time  of  Augustus  the  soldier  re« 
ceived  dent  tuaee  per  day,  t. «.  41  of  a  denarius ; 
but  Domitian  (Suet  Dcm,  7)  addidil  iptartmn  tti* 
pemUum  amreoe  Unum.  Thus,  as  25  denarii  made 
an  aureus,  the  annual  pay  prior  to  Domitian  was 
(860x  10)-l-16  denaru^:  (860  x  10)H-(16  x25) 
anrei  bs  9  aurei ;  and  thus  the  addition  of  three 
anrei  was  j^recisely  a  fourth  morew  Lastly,  the  fies- 
ttval  Termmalia,  as  ito  name  impliea,  marked  the 
end  of  the  year,  and  this  by  the  way  again  provea 
that  March  was  originally  the  first  month. 

The  intercalary  month  was  called  Mfpic(8iMt,or 
VL^fKnUvwu  (Plutarch,  NwnOj  19  ;  Caet,  59.) 
U  3 


830 


CALENDARIUBL 


We  gire  it  in  Greek  chaiacten,  because  it  happeni 
•omewhat  itiiiiigely  that  no  Latin  author  hat  men- 
tioned the  name,  the  tenn  meniif  interkabrii  or 
interkalaritts  supplying  its  place.  Thus,  in  the  year 
of  intercaUtion,  Uie  day  after  the  ides  of  Febmaiy 
was  called,  not  as  nsnal  a.  d.  XVI.  Kalendas 
Martias,  bat  a.  d.  XI.  Kalendas  inteikalares.  So 
also  there  were  the  Nonae  interkakret,  and  Idus 
interkahiree,  and  after  this  last  came  either  a.  d. 
XV.  or  XVI.  KaL  Mart,  according  as  the  month 
had  22  or  28  days,  or  rather,  if  we  add  the  five 
remaining  days  struck  off  from  Febmaiy,  27  or  28 
days.  In  eiuer  case  the  RegifWiom  retained  its 
ordinary  designation  a.  d.  VI.  &aL  ICart  (See 
Asconins,  Ad  OroU.  pro  MUome^  andthe.^fa«te*  Tri- 
umphaUt^  49A,  ▲.  u.  c.)  When  Cioero  writes  to 
Atticos  (vi.  1 X  ^  eoepitwu  UUmvu  a.  d.  F.  T^ernUnaiia 
(i.  e.  Fek  19)  ;  he  uses  this  stiange  mode  of  de- 
fining a  date,  because,  being  then  in  Cilicia,  he  was 
not  aware  whether  any  intercaktion  had  been  in- 
serted tiiat  year.  Indeed,  he  says,  in  another  part 
of  the  same  letter,  Sa  iie  obteriaboy  qmcm  mtarho^ 
laium  mm  iit. 

^  Besides  the  intetcalary  month,  mention  is  occa- 
sionally made  of  an  intercalaiy  day.  The  object 
of  this  was  solely  to  prevent  the  first  day  of  the 
year,  and  perhaps  also  the  nones,  from  coinciding 
with  the  nundinae,  of  which  mention  has  been  al- 
ready made.  (Macrob.  L  13.)  Hence  in  Livy  (xIt. 
44),  Inieroalaturn  eo  mmo ;  pottndie  Tnrmmalia 
itUeroahret /kenuU.  This  would  not  have  been 
said  had  the  day  of  intercalation  been  invariably 
the  same  ;  and  again  Livy  (zliii.  1 1),  ^oo  <umo 
inieroalaium  uL  Tertio  die  pott  Tem^mdia  Calei^ 
das  inierccdaret/iierey  i,  e.  two  days  after  the  Ter^ 
miualia,  so  that  the  dies  interauaris  was  on  this 
occasion  Inserted,  as  well  as  the  month  so  called. 
Nay,  even  after  the  reformation  of  the  calendar, 
the  same  superstitions  practice  remained.  Thus, 
in  the  year  40  b.  c.,  a  day  was  inserted  for  this 
purpose,  and  afterwards  an  omission  of  a  day  took 
place,  that  the  calendar  might  not  be  disturbed. 
(Dion  Cass.  xWiiL  83.) 

The  system  of  intercalating  in  alternate  years 
22  or  23  days,  that  is  ninety  days  in  eight  years, 
was  borrowed,  we  are  told  by  Macrobins,  firom  the 
Greeks;  and  the  assertion  is  probable  enough,  first, 
because  from  the  Greeks  the  Romans  genemlly  de- 
rived all  scientific  assistance  ;  and  secondly,  because 
the  deoemvirol  legislation  was  avowedly  drawn 
from  that  quarter.  Moreover,  at  the  very  period 
in  question,  a  cycle  of  eight  years  appears  to  have 
been  in  use  at  Athens,  for  tne  Metonic  period  of 
19  years  was  not  adopted  before  432  b.  c.  The 
Romans,  however,  seem  to  have  been  guilty  of 
some  clumsiness  in  applying  the  science  they  de- 
rived from  Greece.  The  addition  of  ninety  days 
in  a  cyde  of  eight  years  to  a  lunar  year  of  354 
days,  would,  in  sabstanoe,  have  amounted  to  the 
addition  of  llj^  (» 90-1-8)  days  to  each  year,  so 
that  the  Romans  would  virtually  have  possessed 
the  Julian  calendar.  As  it  waa,  they  added  the 
intercalation  to  a  year  of  355  diays ;  and  conse- 
quently, on  an  average,  every  year  exceeded  its 
proper  length  by  a  day,  if  we  neglect  the  inaccu- 
racies of  the  Jidian  calendar.  Accordingly  we  find 
that  the  civil  and  solar  years  were  greatly  at  vari- 
ance in  the  year  564  A.u.a  On  the  11th  of 
Quinctilis,  in  that  year,  a  remaricable  edipse  of  the 
sun  occurred.  (Liv.xxxvii.  4.)  This  eclipse,  says 
Ideler,  can  have  been  no  other  than  the  one  which 


ingi 
or  2 


CALENDARIUM. 

oceuired  on  the  14th  of  March,  19d  b.  a  of  the 
Julian  calendar,  and  which  at  Rome  was  neariy 
totaL  Agam,  ikt  same  historian  (xUt.  37)  men- 
tions an  eclipse  of  the  moon  which  oocorved  in  the 
night  between  the  Srd  and  4th  of  September,  in 
the  year  of  the  city  586.  This  most  hsve  been 
the  total  eclipse  in  the  night  between  the  21st  and 
22nd  of  June,  168  b.  c. 

That  attempts  at  legislatien  for  the  pmpoee  of 
correcting  so  serious  an  error  were  actimllT  made, 
appears  from  Macrobins,  who^  aware  himaeilf  of  the 
cause  of  the  error,  sa3rs  that,  by  way  of  cotxeeticMi,  in 
every  third  octocamial  period,  intend  of  iM)  inter- 
calary days,  only  B^  were  inserted.  Again  it  ap- 
pears that  M*.  Adlius  Glabrio,  in  his  oonanUhip 
169  B.  c,  that  is,  the  very  year  befeva  that  in 
which  the  above-mentioned  lunar  eclipae  ocenmd, 
introduced  some  legislative  measure  upon  the  eub- 
ject  of  intercalation.  (Macrob.  i.  18.)  Accoid- 
to  the  above  statement  of  Macrobina,  a  cyde 
24  years  was  adopted,  and  it  is  this  very 
passage  which  has  mduoed  the  editon  of  Livy 
to  insert  the  word  quarto  in  the  tert  alieady^ 
quoted. 

As  the  festivals  of  the  Romans  were  for  the  meet 
part  dependent  upon  the  calendar,  the  rqfohition 
of  the  latter  was  intrusted  to  the  ooUege  of  ponti- 
fioes,  who  in  eariy  times  were  chosen  exdnaivel  j 
firom  the  body  of  patricians.  It  was  thefefore  in. 
the  power  of  the  college  to  add  to  their  other  means 
(tf  oppressing  the  plebeians,  by  keepine  to  them- 
selves the  knowledge  of  the  days  on  which  jnsdce 
oould  be  administered,  and  assemblies  of  the  people 
could  be  held.  In  the  year  304  &  a,  one  Cd. 
Flavius,  a  secretary  (son&a)  of  Appius  Claadioa,  ia 
said  fraudulently  to  have  made  uie  Fa§U  pabiic 
(Liv.  XL  46;  Gic.  Pro  Afarsao,  e.  11  ;  Plin. 
H,  N.  xxxiiL  1  ;  VaL  Max.  ii.  5 ;  A. OeUhis, tL  9; 
Macrob.  L  15 ;  Pomponius,  JM  Origins  Juris  in  the 
Digest  1.  tit  2 ;  and  Cicero,  Ad  AtL  vi  1.)  It  ap- 
pears  however  from  the  last  passage  that  Attlcaa 
doubted  the  truth  of  the  story.  In  either  case,  the 
other  privile(|e  of  rMrulating  the  year  by  the  inaer- 
tion  of  the  intera&ry  month  gave  them  great 
political  power,  which  they  were  not  badLward  to 
employ.  Every  thing  ooimected  with  the  matter 
of  mteroalation  was  left,  says  Censorinus  (c;  20),  to 
the  unrestrained  pleasure  of  the  pontifices ;  and  the 
majority  of  these,  on  personal  grounds,  added  to  or 
took  from  the  year  by  capridoos  interralations,  so 
as  to  lengthen  or  shorten  the  poind  durii^  which 
a  magistrate  remained  in  office,  and  serioualj  to 
benefit  or  injure  the  fiurmer  of  the  public  leTenoe. 
Similar  to  this  is  the  language  employed  by  Ma- 
crobius  (i  4),  Ammianus  (xxvi  1),  Solinoa  (c  L), 
Plutarch  {does,  c.  59),  and  their  assertknu  are  con- 
firmed by  the  letters  of  Cicoo,  written  during  hia 
proconsulate  in  Cilicia,  the  constant  burthen  of 
which  is  a  request  that  the  pontifices  will  not  add 
to  his  year  of  government  by  intercalation. 

In  consequence  of  this  Uoence,  aays  Soetoniua 
(Cbes.  40),  neither  the  festivals  of  the  harvest 
coincided  with  the  summer,  nor  those  of  the  vin- 
tage with  the  autumn.  But  we  cannot  desire  a 
better  proof  of  the  canfbsion  than  a  comparison  of 
three  short  paseases  in  the  third  book  or  CBeBar*a 


BsU,  Oh.  (c.  6)yPridismmasJa 
•—(c.  d)jamqms  hismsadpropiMquabca^e.  26)  mmtU 
jcmt  fHsnsts  irontsisrcuUst  Awint  joia  prostn^piime-nutm 
Year  of  Juiius  Oassar.  —  In  the  year  46  n.  c 
Caesar,  now  master  of  the  Romaa  world,  crowned 


CALENDABIUM. 

hit  atber  gnat  lenioes  to  hk  coontary  by  empby- 

jif  bit  aotfafln^,  m  pontifex  mazimna,  in  the  cor- 

nctiaa  of  tin  Mrioiit  eviL    For  thk  paipoae  he 

sTiOed  hisiielf  of  tlie  eenrkes  of  Soi^genes,  the 

peripatetae,  aod  a  aeriba  named  M.  FkTini,  though 

he  biBidf  tofl^  wa  are  told,  vaa  well  acquainted 

wiik  istranomj,  and  indeed  was  the  author  of  a 

vork  of  Mfme  merit  npon  the  anbjeet,  which  was 

itleztaat  ia  the  time  of  Pliny.    The  chief  antho- 

litics  upon  the  nl^ect  of  the  Julian  xefimuation 

tn  Pfaitech  (Oms.  c  &9),  Dion  Gaarius  (xliil 

2$),  Appm  iD§  BdL  CSe.  iL  ad  extr.),  Orid 

[F^  m,  155),  Soetomns  (Qus.  c.  40),  Pliny 

{ff.  S.  zriii.  57),  Censonmis  (c.  20),  Macrobius 

IS^  I   14),  Ammianna  Marcdlinus  (xxtL  1), 

Solian  0-  45).    Of  theae  Gensodnos  is  the  moat 

pndie: — *^  The  coolnaion  was  at  last,"  says  he, 

*"  caniei  as  ht  thai  C.  Caesai,  the  pontifex  mazi- 

mi,  ia  his  third  conaiilntff,  with  Lepidos  for  his 

coflo^oe,  mscfted  between  Noremberand  Deoem- 

btf  Pn  iateRakry  months  of  67  days,  the  month 

rf  Fclnary  fanTing  alz«ady  reoeived  an  inteicala- 

tiao  of  2S  d^B,  and  ihoa  made  the  whole  year 

t»  ooiirt  of  445  days.     At  the  same  time  he  pro- 

lidcdtfjisimt  a  icpetitum  of  simihu-  errors  by  cast- 

isg  ands  the  mtercakry  month,  and  adapting  the 

▼esr  to  the  san^  eouise.    Aocoidingly,  to  the  355 

ia%  of  the  preriooaly  existiqg  year,  he  added  ten 

^}i«  wUeh  he  so  dlatribnted  between  the  seven 

maihM  having  29  days^  that  Jannaiy,  Seztilia,and 

Iktenber  Rceired  two  each,  the  others  but  one ; 

and  these  additional  daya  he  placed  at  the  end  of 

the  tenal  nonthai  no  doubt  with  the  wish  not  to 

nsDmt  the  Tsiioaa  feativBls  from  those  positions  in 

the  KTcnl  months  which  they  had  so  long  occa- 

pi^    Heme  in  the  preaent  calendar,  although 

tliere  sve  MTen  montna  of  31  days,  yet  the  four 

BMotbi,  which  from  the  first  possessed  that  num- 

^  are  itiU  distii^guisfaable  by  baring  their  nones 

'« the  KTcath,  the  reat  having  them  on  the  fifth 

of  the  Bunth.     Lastly,   in  considention  of  the 

^pvner  of  a  day,  wbich  he  considered  as  com- 

pletiDg  the  trae  year,  he  established  the  rule  that, 

St  the  end  of  evenr  four  years,  a  sbgle  day  should 

ht  ktenaJated,  where  the  month  had  been  hitherto 

icierted,  that  is,  immediately  after  the  Terminalia ; 

vhieh  d^  is  now  called  the  BinetimmJ^ 

This  year  of  445  days  is  commonly  called  by 
c^nookgists  the  year  of  confusion  ;  but  by  Macro- 
Uu,  DOR  fitly,  the  last  year  of  concision.  The 
hsMs  of  Jannazy,  of  the  year  708  a.  u.  &,fell  on 
the  13th  of  October,  47  B.  c.  of  the  Julian  calen- 
^ ;  the  halends  of  March,  708  A.  u.  a,  on  the  1st 
of  Jsaoanr,  4«  b.c  ;  and  hutly,  the  kalends  of 
Jaaoaiy,  709  A.  u.c^  on  the  Isi  of  January,  45 
B.&  Of  the  second  of  the  two  intercakry  months 
OMxted  in  this  year  after  November,  mention  is 
ude  ni  Cieeto*s  letters  {Ad  Pom.  vi  14). 

It  vas  piobably  the  original  intention  of  Caenr 
to  eomiienee  the  year  with  the  shortest  day.  The 
viotcr  wbtice  at  Rome,  hi  the  year  46  b.  &,  occur- 
red on  the  24th  of  December  of  the  Julian  calendar. 
Hii  iMiife  Jor  delaying  the  oommenoemait  fiir  seven 
dsyi  loager,  mstead  of  takiiw  the  fi>Uowing  day,  was 
g*^^  the  desire  to  gratify  the  supentitUm  of  the 
'^oBsoB,  bf  causing  the  first  year  of  the  refiHrmed 
f>I«darto&nonthedayofthanewmoon.  Aecoid- 
°>^TiH  k  fomd  that  the  mean  new  moon  occurred 
«» Rone  on  the  1st  of  January,  45  b.<x,  at  6h.  16' 
P.M.  la  this  way  akne  can  be  ezpUined  the  phrase 
»«db;1iaenbias:  AmmmcMmCtMor^hMlis 


CALENDARIUM. 


231 


ad  hmam  duneiuiombmt  eotulUutuntj  edido  paiam 
propoaio  pubUoamt,  This  edict  is  also  mentioned 
by  Plutareh  where  he  gives  the  anecdote  of  Cicero^ 
who,  on  being  told  by  some  one  that  the  constel- 
lation Lyra  would  rise  the  next  morning,  observed, 
**  Yea,  no  doubt,  in  obedience  to  Ae  edict** 

The  mode  of  denoting  the  days  of  the  month 
will  cause  no  difficulty,  if  it  be  recoUected,  that  the 
kalends  always  denote  the  first  of  the  month,  that 
the  nones  occur  on  the  seventh  of  the  four  months 
March,  May,  Quinctilis  or  July,  and  October,  and 
on  the  fifth  of  the  other  months ;  that  the  ides 
always  fidl  eight  days  kiter  than  the  nones  ;  and 
lastly,  that  the  intermediate  days  are  in  all  cases 
reckoned  backwards  upon  the  Roman  principle 
already  explained  of  counting  both  extremes. 

For  the  month  of  January  the  notation  will  be 
as  follows :  — 

1  Kal.  Jan.  17  a.  i  XVI.  Kal.  Feb. 

2  a.  d.  IV.  Non.  Jan.  18  a.  d.   XV.  Kal.  Feb. 

3  a.  d.  III.  Non.  Jan.  19  a.  d.  XIV.  Kal.  Feb. 

4  Prid.  Non.  Jan.  20  a.  d.  XIII.  KaL  Feb. 

5  Non.  Jan.  21  a.  d.  XII.  KaL  Feb. 

6  a.  d.  VIII.  Id.  Jan.  22  a.  d.  XI.  Kal.  Feb. 
7a.d.  VII.  Id.  Jan.  23  a.  d.  X.  KaL  Feb. 
8  a.  d.  VI.  Id.  Jan.  24  a.  d.  IX.  Kal.  Feb. 
9a.d.       V.  Id.  Jan.  25  a.  d.  VIII.  KaL  Feb. 

10  a.  d.      IV.  Id.  Jan.  26  a.  d.  VII.  Kal.  Feb. 

lla.d.     III.  Id.  Jan.  27  a.  d.     VI.  KaL  Feb. 

12  Prid.  Id.  Jan.  28  a.  d.      V.  Kal.  Feb. 

13  Id.  Jan.  29  a.  d.    IV.  Kal.  Feb. 

14  a.  d.  XIX.  KaL  Feb.  30  a.  d.    III.  Kal.  Feb. 
15a.d.  XVIII.  Kal.Feb.  31  Prid.  KaL  Feb. 

1 6  a.  d.  XVII.  KaL  Feb. 

The  letters  a  <f  are  often,  through  error,  written 
together,  and  so  confounded  with  the  preposition 
ad^  which  would  have  a  different  meaning,  for  ad 
kadendaa  would  signify  5y,  L  e.  on  or  hejfore  ike 
halerult.  The  letters  are  in  fiict  an  abridgement 
of  ante  diem^  and  the  full  phrase  for  *'  on  the  second 
of  Janoary  **  would  be  ante  diem  quartum  nonae 
Januarias.  The  word  ante  in  this  expression  seems 
really  to  belong  in  sense  to  aoiMw,  and  to  be  the 
cause  why  aoaas  is  an  accusativa  Hence  occur 
such  phrases  as  (Cic  Pkil,  iiL  8),  in  ante  diem  guar- 
turn  KaL  Decembrie  dittuUt^  *^  he  put  it  off  to  the 
fourth  day  befine  the  kalends  of  December,**  (Caes. 
Bell.  GalLl  6)1$  dies  erat  ante  diem  V,KaLApr^ 
and  (Caes.  Bdl.  do,  L  1 1)  ante  guem  diem  iiitrue 
eit,  for  quo  die.  The  same  confiision  exists  in  the 
phrase  pott  paueos  diesy  which  means  ^  a  few  days 
after,**  and  is  equivalent  to  paueie  pott  diebut. 
Whether  the  phrase  Kalemdae  Jannarii  was  ever 
used  by  the  best  writers  is  doubtful.  The  words 
are  commonly  abbreviated  ;  and  those  passages 
where  Aprilis,  Decembris,  &c.  occur,  are  of  no 
avail,  as  they  are  probably  accusatives.  The  ante 
may  be  omitted,  in  which  case  the  phrase  will  be 
die  quarto  noHarum,  In  the  leap  year  (to  use  a 
modem  phrase),  the  last  days  of  February  were 
called-- 

Feb.  23.  «a.  d.  VII.  Kal.  Mart. 


Feb.  24.0- a.  d. 
Feb.  25.  M  a.  d. 
Feb.  26.— a.  d. 
Feb.  27.  =  a.  d. 
Feb.28.sa.d. 


VI.  KaL  Mart,  posteriorem. 
VI.  KaL  Mart  priorem. 
V.  KaL  Mart 
IV.  KaL  Mart 
in.  KaL  Mart 


Feb.  29.sPrid  Kal.  Mart 

In  which  the  words  jmbr  and  poeterior  are  used  in 
q4 


m 


CALENDARIUM. 


reference  to  the  retrograde  direction  of  the  reckon- 
ing. Such  at  leaat  is  the  opinion  of  Ideler,  who 
refers  to  Celsus  in  the  Digest  (50.  tit.  16.  §.  98). 

From  the  &ct  that  the  intercalated  year  has  two 
days  called  ante  diem  eeatum^  the  name  of  bissextile 
has  been  applied  to  it.  The  term  annus  hissescUlUy 
however,  does  not  occur  in  any  writer  prior  to 
Beda,  but  in  place  of  it  the  phrase  annue  biaeextia. 

It  was  the  intention  of  Caesar  that  the  bissez- 
tum  should  be  inserted  peracto  quadriennu  eirouiiUy 
as  Censorinus  says,  or  guinto  qttoque  meipienU  anno, 
to  use  the  words  of  Macrobius.  The  phrase,  how- 
ever, which  Caesar  used  seems  to  have  been  quarto 
qnoque  anno^  which  was  interpreted  by  the  priests 
to  mean  every  third  year.  The  consequence  was, 
that  in  the  year  8  b.  a  the  Emperor  Augustus, 
finding  that  three  more  intercalations  had  been 
made  than  was  the  intention  of  the  law,  gave 
directions  that  for  the  next  twelve  years  taere 
should  be  no  bissextile. 

The  services  which  Caesar  and  Augustus  had 
conferred  upon  their  country  by  the  reformation 
of  the  year,  seem  to  have  been  the  immediate 
causes  of  the  compliments  paid  to  them  by  the  in- 
sertion of  their  names  in  the  calendar.  Julius  was 
substituted  for  Quinctilis,  the  month  in  which 
(^aar  was  bom,  in  the  second  Julian  year,  that  is, 
the  year  of  the  dictator*s  death  (Censorinus,  c  22) ; 
for  the  first  Julian  year  was  the  first  year  of  the 
corrected  Julian  calendar,  that  is,  45  b.  a     The 


CALENDARIUM. 

name  Augustus,  in  place  of  SexUlis,  was  introduce 
by  the  emperor  hiniself,  at  the  time  when  he  recti- 
fied the  error  in  the  mode  of  intercalating  (Soet 
Auff.  c  31),  anno  Anfftutano  «r.  The  fint  year 
of  the  Augustan  era  was  27  &  c,  vi&,  that  in 
which  he  fint  took  the  name  of  Augoitai,  m  m.  et 
Af.  Vipeanio  Agrippa  eon.  He  was  bom  in  Sep* 
tember ;  but  gave  the  preference  to  the  preceding 
month,  for  reasons  stated  in  the  senatos-consaltQn], 
preserved  by  Macrobius  (L  12).  ^  Whereas  the 
Emperor  Augustus  Caesar,  in  the  month  of  Sex- 
tilis,  was  first  admitted  to  the  consulate,  and  thiioe 
entered  the  city  in  triumph,  and  in  the  same 
month  the  legions,  firom  the  Janicolmn,  jdaced 
themselves  under  his  auspices,  and  in  the  same 
month  Egypt  was  brought  undJer  the  aathoritj  of 
the  Roman  people,  and  in  the  same  month  an  end 
was  put  to  the  civil  wars  ;  and  whereas  for  these 
reasons  the  said  month  is,  and  has  been,  most  for- 
tunate to  this  empire,  it  is  hereby  deoeed  by  the 
senate  that  the  said  month  shall  be  called  Angus. 
tus.**  ''A  plebiscitum,  to  the  aame  effect,  itv 
passed  on  the  motion  of  Seztus  Pacuvios,  tribune 
of  the  plebs,** 

The  month  of  September  in  like  manner  receiTed 
the  name  of  Oermanicus  from  the  general  so  called, 
and  the  appellation  appears  to  have  existed  even  in 
the  time  of  Macrobius.  Domitiao,  too,  con&ntd 
his  name  upon  October  ;  but  the  old  word  was  re- 
stored upon  the  death  of  the  tyrant 


Oardavsofthe 
Month. 

March,  May,  Julf, 
October,  hate  81 

January,  August, 
December,  have  31 

April,  June,  Sep- 
tember, November, 

FdmniThatK 

dayi. 

dayfc 

have  30  day*. 

1. 

Kalendis. 

Kalxndis. 

Kalendis. 

Kalendis. 

2. 

VI.  1 

IV.    \      ante 
III.  J     Nonas. 

IV.     \     ante 
III.    J    Nonas. 

IV.     1    Ante 
III.     f  Nonas. 

3. 

V.      1        ante 

4. 

IV.    f     Nonas. 

Pridie  Nonas. 

Pridie  Nonas. 

Pridie  Nonas. 

5. 

III.  J 

NONIS. 

NONIS. 

NONIS. 

6. 

Pridie  Nonas. 

VIII.    1 

VIII.   1 

VIII. 

7. 

NONIS. 

VII. 

VII. 

VII. 

8. 

VIII.    ■ 

VI. 

ante 

VI. 

ante 

VI. 

9. 

VII. 

V. 

Idus. 

V. 

Idus. 

V. 

10. 

VI. 

ante 

IV. 

IV. 

IV. 

11. 

V. 

'    Idus. 

III.       J 

III.       J 

III. 

12. 

IV. 

Pridie  Idus. 

Pridie  Idus. 

Pridie  Idus. 

13. 

III.       J 

loiBUS. 

iDIBtJS. 

IniBus. 

14. 

Pridie  Idus. 

XIX. 

XVIII. 

XVI.  ■ 

15. 

Idibus. 

XVIII. 

XVII. 

XV. 

16. 

XVII.  ^ 

XVII. 

1 

XVL 

•5 

XIV. 

1 

17. 

XVI. 

A 

XVI. 

XV. 

o 

XIII. 

18. 

XV. 

1 

XV. 

1 

XIV. 

s 

XII. 

3 

19. 

XIV. 

s 

XIV. 

% 

XIII. 

1^ 

^  to 

XI. 

*^ 

20. 

XIII. 

V 

XIII. 

-^ 

XII. 

X. 

9 

21. 
22. 

XII. 
XI. 

■5  -^ 

XII. 
XI. 

XI. 
X. 

0.9 

■VI 

IX. 
VIII. 

1 

23. 

X. 

'i% 

X. 

IX. 

|i 

VII. 

^ 

24. 

IX. 

IX. 

J«s 

VIII. 

VI. 

1 

25. 

VIII. 

VIIL 

I 

VII. 

V. 

c 

26. 

VII. 

3 

VII. 

VI. 

S 

IV. 

27. 

VI. 

i 

VI. 

V. 

< 

III. 

28. 

V. 

V. 

< 

IV. 

Pridie  Kalendas 

29. 

IV. 

< 

IV. 

III. 

Martias. 

sa 

III. 

III. 

Pridie  Kalendas 

31. 

Pridie  Kalendas 

(of  the  month 

(of  the  month 

(of  the  month 

following). 

following). 

following). 

CALJDA. 

Tile  Faad  of  Cvmr  hare  not  eome  down  to  iu 
ill  tlieir  entire  fbnn.  Such  £ragmenU  aa  exist  may 
be  feen  in  Grnter^  Interyttiomet^  or  more  com- 
pbteJy  in  Foggini^  wtnk,  FasCorum  Anm  Romam 
. .  Rtiiqmitm.  See  abo  aome  paper*  by  Ideler  in 
the  BerUm  Trrmtaetitmt  for  1822  and  1823. 

TheGrtfforiam  Tear. — The  Jnlian  calendar  rap- 
posrt  tlie  mean  tropical  rear  to  be  365d.  6h. ;  but 
tJiii,  aa  we  haTe  already  aecn,  exceeda  Uie  real 
azBooBt  bj  11'  12^,  the  afcnmwlation  of  which, 
year  after  year,  caoaed  at  laat  oooudenble  incon- 
T^oioce^  Accordingly,  in  the  year,  1582,  Pope 
GrefocT  the  XIIL,  aaaiated  by  Aloyains,  Lilins, 
Ckristoph.  Clarina,  Petma  CiaoaniiU)  and  others, 
^aio  refbnned  the  calendar.  The  ten  days  by 
vhich  the  year  had  been  vndnly  retarded  were 
strack  out  .by  a  regulation  that  tLe  day  after  the 
Soarth  of  October  in  that  year  ihonld  be  called  the 
fiflerath  ;  and  it  was  ordered  that,  whereaa  hitherto 
u  intexealary  day  had  been  inserted  every  fiotir 
Ti;ftii,  for  the  fiitare  three  snch  intercalations  in 
x^  cMTse  of  foor  hundred  years  should  be  omitted, 
vo^  in  those  years  which  are  divisible  without 
remainder  by  100,  but  not  by  400.  Thus,  accord- 
ing to  the  Julian  calendar,  the  years,  1600,  1700, 
1^)0, 1900,  and  2000  were  to  have  been  bissextile ; 
W^  by  the  regulation  of  Gregory,  the  years  1700, 
1800,  and  1900,  were  to  receive  no  intercalation, 
vhile  the  yean  1 600  and  2000  were  to  be  biaaextile, 
as  belbre.'  The  bull  which  effected  this  change,  was 
issued  Feb.  24,  1582.  The  fullest  account  of  this 
correction  is  to  be  found  in  the  work  of  Clavins, 
entitled  Romam  Codendarii  a  Gregorio  XIIL  P.  M, 
r&titMii  Egplieaiio.  As  the  Gregorian  calendar  has 
only  97  leap-years  in  a  period  of  400  years,  the 
mean  Gregonan  year  is  (303x365  +  97x366) 
-r400,  that  is  365d.  5h.  49'  12",  or  only  24'' 
BMre  than  the  mean  tropical  year.  This  difference 
in  SO  years  would  amount  to  24',  and  in  60  times 
60,  <g  3600  years,  to  24  hours,  or  a  day.  Hence 
the  French  astronomer,  Delambre,  has  proposed 
that  the  years  3600,  7200,  10,800,  and  all  molti- 
piet  of  3600  should  not  be  leap  years.  The  Gre- 
gvim  falfudar  vras  introduced  in  the  greater  part 
af  Italy,  as  well  as  in  Spain  and  Portogal,  on  the 
day  Bnned  m  the  bulL  In  France,  two  months 
afepc,  by  an  edict  of  Henry  III.,  the  9th  of  De- 
cember was  followed  by  the  20th.  The  Catholic 
psrtfl  of  Switxeriand,  Germany,  and  the  Low 
Oxmtriea,  adopted  the  correction  in  1583,  Poland 
in  1586,  Hungary  in  1587.  The  Protestant  parts 
of  Eoiope  zeststed  what  they  called  a  Papistical  in- 
rfsxbaa  for  more  than  a  century.  At  hist,  in  1 700, 
Pracestant  Germany,  as  well  as  Denmark  and  Hol- 
hsA,  aOowed  xeaaon  to  prevail  over  prejudice ;  and 
the  Protestant  cantons  of  Switzerland  copied  their 
example  the  following  year. 

In  Engbmd  the  Gn^gorian  calendar  was  first 
adopted  in  1752,  and  m  Sweden  in  1753.  In 
Ro9iia,and  those  countries  which  belong  to  the 
Gr&k  cfaurcli,  the  Julian  year,  or  old  style  as  it  is 
called,  still  prevails. 

In  this  article  free  use  has  been  made  of  Idelcr^s 
work  LeMmek  der  CkromologU.  For  other  inform- 
^iaa  connected  with  the  Roman  measurement  of 
time,  see  Astronomia  ;  Dm  ;  Horologium  ; 
LusrrRuif ;  NuNoiNAS ;  Saiculum.   [T.H.K.] 

CA'LIDA,  or  CALDA,  the  wann  drink  of  the 
Greeks  and  Romans,  which  consisted  of  warm 
Hater  mixed  with  wine,  with  the  addition  probably 
of  ipccSb    Thja  was  a  very  fiivouxito  kind  of  drink 


CALIGA. 


S38 


with  the  andents,  and  could  always  be  procured  at 
certain  shops  or  taverns,  called  tkermopoUa  (PhmL 
Otr.  ii.  S.  ia,  TVm.  iv.  3.  6,  Rud,  ii.  6.  45),  which 
Claudius  commanded  to  be  closed  at  one  period 
of  his  reign  (Dion  Cass.  Ix.  6).  The  vessds,  in 
which  the  wine  and  water  were  kept  hot,  appear  to 
have  been  of  a  very  degant  form,  and  not  onlike 
our  tea-uma  both  in  appearance  and  constmctioik 
A  representation  of  one  of  these  vessels  is  given  in 
the  Mmaeo  Borbomieo  (vol.  iiL  pL  63),  from  which 
the  following  woodcut  is  taken.  In  the  middle 
of  the  vessel  there  is  a.small  cylindrical  furnace, 
in  which  the  wood  or  charcoal  was  kept  for 
heating  the  water ;  and  at  the  bottom  of  this 
furnace,  there  are  four  small  holes  for  the  ashes 
to  £Edl  through.  On  the  right  hand  side  ci  the 
vessel  there  is  a  kmd  of  cup,  communicatinff  with 
the  part  surrounding  the  furnace,  by  which  the 
vessel  might  be  filled  without  taking  off  the  lid  ; 
and  on  the  left  hand  side  there  is  m  about  the 
middle  a  tobe  with  a  cock  for  drawing  off  the 
liquid.  Beneath  the  conical  cover,  and  on  a  level 
with  the  rim  of  the  vessel,  there  is  a  moveable  flat 
cover,  with  a  hole  in  the  middle,  which  doses  the 
whole  urn  except  the  mouth  of  the  small  furnace. 

Though  there  can  be  no  doubt  that  this  vessel 
was  used  for  the  purpose  which  has  been  mentioned^ 


it  is  difficult  to  determine  ite  Latin  name  ;  but  it 
was  probably  called  cudkepsa  [Autuxpsa.]  Pol- 
lux (x.  66)  mentions  several  names  which  were 
applied  to  the  vessels  used  for  heating  water,  of 
which  the  2iryoXMi}5,  which  also  occurs  in  Lueian 
{LexiplL  8),  appears  to  answer  best  to  the  vessel 
which  haa  been  described  above.  (Bdttiger,  Sabi- 
no,  vol.  ii.  p.  34  ;  Becker,  QqIImm^  voL  ii.  p.  175.) 

CALIENDRUM,  a  penique  or  wig,  mentioned 
by  Horace^     {Sena,  L  &  4&) 

CA'LIGA,  a  strong  and  heavy  shoe  worn  by 
the  Roman  soldiers.  Although  the  use  of  this 
spedet  of  gsV^fitwMnitiini  extended  to  the  ccntu- 


234 


CALLISTETA. 


rioni,  it  WBM  not  worn  hy  the  niperior  officen. 
Hence  the  common  soldicn,  indading  centurions, 
were  distingaiflhcd  by  the  name  of  oaligaU  (Saet 
Aug.  25,  VUdL  7)  ;  when  Cioero  therefore  nyv  of 
Pompey  **  mihi  cali&ae  ejus  non  piacebant  ^  {Ad 
Att,  u.  3),  he  merdy  oms  the  words  to  indicate 
his  military  power.  Serrice  in  the  ranks  was  also 
designated  after  this  article  of  attire.  Thus  Marius 
was  said  to  have  risen  to  the  consulship  a  eai^/a^ 
i.  «.  from  the  ranks  (Sen.  IM  Bene/,  y.  16),  and 
Ventidins  jwoeadam,  i$iopem  m  ealiga  mUUkuri  tote- 
rasm  (Plin  H.  AT.  viL  44).  The  Emperor  Caligula 
received  that  cognomen  when  a  boy,  in  oonse* 
quence  of  wearing  the  oaliga,  which  his  ftither  Ger- 
manicua  put  on  his  son  in  order  to  please  the  sol- 
diers. (Tacit  Aim.  I  41  ;  Suet  Oalig,  9.)  The 
triumphal  monuments  of  Rome  show  most  dis- 
tinctly the  difference  between  the  ealiga  of  the 
common  soldier  [Akma]  and  the  oalceus  worn  by 
men  of  higher  rank.  [Abolla  ;  Ara.]  The 
sole  of  the  ealiga  was  thickly  studded  with  hob- 
nails (cUwi  eJUgaris  Plin.  H,  N.  xudv.  41, 
iz.  18  ;  Jut.  Sai.  iii.  232,  xvL  25). 

The  caUga  ^)eculaioria  (Suet  Oaiig.  52),  made 
for  the  use  of  spies  (j^Motilatom),  was  probably 
much  lighter  than  the  ordinary  shoe  worn  by  the 
soldiers.  [J.  Y.] 

CALIX  (icj^Xil,  comp.  Macrob.  SaL  y.  21). 
1.  A  small  diinking-cup,  constantly  used  at  sym- 
posia and  on  similar  occasions.  It  is  frequently 
seen  in  paintings  on  ancient  vases  which  represent 
driiiking-scenes,  and  when  empty  is  usually  held 
upright  by  one  of  its  handles,  as  shown  in  the  cut 
under  Symposium.  (Xen.  Ssfmp.  ii  26  ;  Cic. 
TVue.  iii.  19;  Hor.  Serm.  il  8.  35,  &c.)  2.  A 
vessel  used  in  cooking  (Vair.  L.  L.  v.  127,  ed. 
MUller  ;  Ov.  Fad,  v.  509.)  3.  A  tube  in  the 
aquaeducts  attached  to  the  extremity  of  each  pipe, 
where  it  entered  the  castellum.  [Aquaxductus, 
p.  115,  a.] 

CALLIS,  a  beaten  path  or  track  made  by  the 
feet  of  cattle.  (Serv.  ad  Virg.  Aei^  iv.  405  ;  Isidor. 
Or^.  zv.  16.  §  20.)  The  sheep-walks  in  the 
mountainous  parts  of  Campania  and  Apulia  were  the 
property  of  the  Roman  state  ;  and  as  they  were  of 
considerable  value,  one  of  the  quaestors  usually 
had  these  ealles  assigned  to  him  as  his  province, 
whence  we  read  of  the  CaUium  provmda.  His 
principal  duties  were  to  receive  the  9erip(ura^  or 
tax  paid  for  the  pasturage  of  the  cattle,  and  to 
protect  life  and  property  in  these  wild  and  moun- 
tainous districts.  When  the  senate  wished  to  put 
a  slight  upon  the  consuls  on  one  occasion  they  en- 
deavoured to  assign  to  them  as  their  provinces, 
the  care  of  the  woods  (sUvae)  and  sheep-walks 
(ealles).  (Tac.  Ann.  iv.  27 ;  Suet  Caee.  19, 
Claud.  29;  in  the  hist  passage  the  reading  is 
doubtful.) 

CALLISTEI A  (KaWurrcux),  a  festival,  or  per- 
haps merely  a  part  of  one,  held  by  the  women  of 
LfMbos ;  at  which  they  assemble  in  the  sanc- 
tuary of  Hera,  and  the  fiurest  received  the  prise  of 
beauty.  (SchoL  ad  IL  ix.  128  ;  Suidas,  t.  v. ; 
Antholog.  Pal  iz.  189  ;  Athen.  ziil  p.  610.) 

A  similar  contest  of  beauty,  instituted  by  Cyp- 
sclus,  formed  a  part  of  a  festival  celebrated  by  the 
Parrhasians  in  Arcadia,  in  honour  of  the  Eleusi- 
nian  Demeter.  The  women  taking  part  in  it  were 
called  Xfwffo^fNM.  (Athen.  ziiL  p.  609.) 

A  third  eontest  of  the  same  kind,  in  which, 
however,  men  only  partook,  is  mentioned  by  Athe- 


CALUMNIA. 

naeus  (L  0. ;  compare  EtpnoL  Magtu  t.  o.)  as  00 
cuiring  among  the  Eleans  in  honour  of  Athene 
The  fiurest  man  received  as  prise  a  suit  of  armoii] 
which  he  dedicated  to  Athena,  and  was  adorned 
by  his  friends  with  ribbons  and  a  myrtle  wreatli^ 
and  accompanied  to  the  temple.  From  the  woidi 
of  Athenaeus  Cxiii>  P^6I0),  who,  in  speaking  oi 
these  contests  of  beuty,  mentions  Tenedos  along 
with  Lesbos,  we  must  infer  that  in  the  formed 
island  also  Callisteia  were  celebrated.       [L.  &] 

CALCVNES,  the  servants  of  the  Roman  nl. 
diers,  said  to  have  been  so  called  from  canyisg 
wood  (koAa)  fior  their  use.  (Festos,  a. «. ;  Serr. 
ad  Virg.  Aen.  vi.  1.)  They  are  genendly  stt{qMced 
to  have  been  slaves,  and  they  almost  fiinncd  a  part 
of  the  army,  as  we  may  learn  from  many  passages 
in  Caesar :  in  feet,  we  are  told  by  Josephus  that, 
from  always  living  with  the  soldiers  and  being 
present  at  their  exercises,  they  were  inferior  to 
them  alone  in  skill  and  valour.  The  word  calo, 
however,  was  not  oonfeied  to  this  signification,  bat 
was  also  applied  to  fenn-sovants,  inatanoes  of  whicb 
ussge  are  found  in  Horace  {£^pitL  i,  14.  42 ; 
SaLie.  103). 

In  Caesar  this  term  is  generally  found  by  itself ; 
in  Tacitus  it  is  coupled  and  made  almost  ideDti- 
cal  with  Um.  Still  the  ealouu  and  li»»e  were  not 
the  same :  the  latter,  in  feet,  were  freemen,  who 
merely  followed  the  camp  for  the  pozposes  of  gam 
and  merchandise,  and  were  so  fer  ficom  being  in- 
dispensable to  an  army,  that  they  were  sometimef 
forbidden  to  follow  it  {ne  lueae  eei/meitntm  anr- 
cUum^  Sail.  BeU.  Jng.  45).  Thus  agsin  we  read 
of  the  Umas  mereaioreegue^  qni  plauetrie  mercetpor- 
taUmt  (Hirtius,  De  BeU.  AJr.  75),  words  which 
phiinly  show  that  the  lixae  were  traders  and 
dealers.  Livy  alio  ( v.  8)  speaks  of  them  u 
carrying  on  business.  The  term  itself  is  supposed 
to  be  connected  with  liza,  an  old  word  signifying 
water,  inasmuch  as  the  lixae  supplied  this  article 
to  the  soldiers:  since,  however,  they  probablj 
furnished  ready-cooked  provisions  (dune  G3im\  it 
seems  not  unlikely  that  ikwr  appellation  may  have 
some  allusion  to  this  circomstance.  (See  Soil. 
I  c)  [R.  W.] 

CALU'MNIA.  Calumniari  is  defeied  by 
Marcian  (Dig.  48.  tit  16.  a  1),  Falaaermiwi  ts- 
itindere ;  a  definition  which,  as  there  given,  vas 
only  intended  to  apply  to  criminal  matters.  The 
definition  of  Paulns  (JSentenL  ReoepL  i  tit  5)  ap- 
plies to  matters  both  criminal  end  civil :  OaUmmi' 
oeui  eH  qm  actem  prudentque  per  Jixmdem  negotivm 
aUcui  eomparat.  Cicero  {de  Qf.  i  10)  speaks  of 
**  calumnia,"  and  of  the  mmia  oalUda  et  maHthtu 
jwrie  interpretaiio^  as  things  rehUed.  Gaius  utb, 
Ckdumma  m  adfeolu  eet^  eiad/urti  crimen;  the 
criminality  was  to  be  determined  by  the  intention. 

When  an  accuser  feiled  in  his  pnof,  and  the 
reus  was  acquitted,  there  might  be  an  inqnizy  into 
the  conduct  and  motives  of  the  accuser.  If  the  per- 
son who  mado  this  judicial  inquiry  (qm  eognovU^ 
found  that  the  accuser  had  merely  acted  from  emr 
of  judgment,  he  acquitted  him  in  the  form  non  pro- 
baiti;  if  he  convicted  him  of  evil  intention,  he  de- 
clared his  sentence  m  the  words  ealwmmahu  ett 
which  sentence  was  followed  by  the  1^  posiah- 


According  to  Marcian,  the  punishment  for  a- 
Inmnia  was  fized  by  the  lez  Roaraia,  or,  as  it  is 
somethnes,  perhaps  incorrectly,  named,  the  lex 
Memmia.    (Val.  Max.  iii  7.  §  it.)    Bat  it  is  &o( 


CAMARA. 

fcywB  wligp  tfciihg  wMMWfd,  nor  what  woaiti 
pcoalbes.     It  tf^etn  inm  Cicao  (Pkv  SetL 


CANATHRON 


9» 


W  bnoded  on  tbe  fevdicMl  with  the  letter  K,  the 
mitml  of  Kafamuiia  ;  and  it  has  been  oanjectnred, 
thoDgh  it  ii  a  moe  coBJectme,  that  this  paniah- 
Bot  «ai  inflicted  bj  the  lex  Remmia. 

The  pamduBcnt  it  calimmia  waa  alao  eziflinm, 
ffnytin  in  inanhnn,  or  kaa  of  zank  (onttmt  oatu- 
tio) ;  bnt  probably  only  in  cruninal  casea,  or  in 
Btteaielatingtonman^cirilconditioD.  (Panlm, 


▼.L  5,  ▼.4.11.) 
In  the  caae  of  actifinea,  the  calonmia  of  the  actor 
was  Apfkfd  by  the  cafamniap  judicium,  the  jndi- 
aam  oantnrinzn,  the  inajuxandnm  calonmiae,  and 
the  iptipnhitio ;  whidi  are  particnhurly  described 
by  Gaisa  (it.  174 — 181).  The  defendant  might 
ta  all  eana  wsil  fcjiMrtf  of  the  cahunniae  judicium, 
\kj  whkk  the  plainti^  if  he  was  found  to  be  goiltj 
of  calmniak  vas  mukted  to  the  defendant  in  the 


teoih  pan  of  the  Tslue  of  the  object-matter  of  the 
suit.  Bat  the  actor  was  not  mulcted  in  this  action, 
saleas  it  wna  shown  that  he  brought  his  suit  with- 
~  itioii,  knowiiwly  and  designedly.  In  the 
I  JD^&iom,  of  which  the  defendsnt  could 
oolj  siail  himself  in  certain  casea,  the  xectitade  of 
the  phinriff^  pnrpooe  did  not  save  him  from  the 
penalty.  Inatcad  of  adopting  either  of  these  modes 
of  ^iMHiidliig,  the  defendant  might  require  the 
plamtiff  to  take  the  oath  of  cahnnnia,  which  was 
to  Ae  effect,  &  HOI  nifawaigeawisgaygtu.  Insome 
cans  the  defendant  also  was  required  hj  the 
piaetqr  to  swear  thai  he  did  not  dispute  the 
phintiff^  daim,  caliiiwaiViff  ooasa.  Gknemlly  speak- 
ing, if  the  plaintiff  put  the  defendant  to  his  oath 
O'liijawilai  ss  d^nbai\  the  defendant  might 
pot  the  phindff  to  liia  oath  of  calumny.  (Dig.  12. 
UL  3.  L  37.)  In  some  actions,  the  oaui  of  ea- 
lannj  on  the  part  of  the  plaintiff  was  a  neoessaiy 
pfelinasiy  to  the  action.  In  all  judida  publics, 
it  seems  that  the  oath  of  calumnia  was  required 
bum  the  accaaer. 

If  the  rpstipnlatianTS  poena  was  required  from 
the  actor,  the  defendant  could  not  have  the  benefit 
of  thecalunmiae  judicium,  or  of  the  oath  of  calumny ; 
and  the  judichim  oontrarium  was  not  applicable  to 
each  cases. 

The  edict  De  Ciahnnniatoribus  (1%  3.  tit  6.) 
applied  generally  to  those  who  receiTed  money, 
ealiBaoiae  caasa,  for  doing  an  act  or  abstaining 
fnm  doing  an  act.  The  edict  iqiplied  as  well  to 
palljca  dimina  as  to  peamiariae  causae ;  for  in- 
•aoee  in  the  natter  of  repetundae  the  edict  vp- 
plied  to  him  who  fer  calumnia  reoeired  money 
m  the  terms  of  prosecnting  or  not  prosecutmg  a 
peaoB.  Thia  edict  provided  for  some  cases,  as 
threats  of  procedure  against  a  man  to  extort 
Boaej,  which  were  not  within  the  cases  provided 
fiv  I7  the  edict.  Quod  metus  causa  (Dig.  4. 
a  2.)  [O.  L.] 

CAlfARA  (itafMdpa\  or  CAMERA,  properly 
ligniSes  any  arched  or  vaulted  covering,  and  any 
tiimg  with  such  a  covering:  Herodotus,  fer  in- 
rtspce,  ca&s  a  covered  carriage  icdftapa  (L  199). 
It  is  chiefly  used  in  the  two  following  senses :  — 
L  An  arched  or  vaulted  ceiling  fonaed  by  semi- 
cacobr  bands  or  beams  of  wood,  over  the  intervals 
of  vUrh  a  coating  of  lath  and  plaster  was  spread, 
Rsenblmg  in  coostmction  the  nooped  awnings  Jn 


Cie.< 


(Vitrav.  viL  3  ;  SaO.  CaL  58  ; 
Q.  1^.  iil  1.  §  1 ;    camp.  Plin.  H.  N, 


IfirWsas. 
sues  of  the 


xvi3fl.iifl4.)  Under  the  empenne 
formed  with  plates  of  ^ass  (Plin.  //.  N,  zzzvi  2& 
s.  fl4) ;  soaaelimes  also  the  beams  were  gilt,  and 
the  ceiling  between  them  waa  made  of  ivoiy. 
(Plopert^  2.  10.) 

2.  Small  boats  used  b  eaily  tones  br  the  people 
who  inhabited  the  shores  of  the  Euzme  and  the 
Bosporus,  and  called  w^idpai,  from  their  haviqf 
a  broad  arched  deck.  They  mn  made  with  both 
ends  alike  so  as  to  work  in  either  direction  without 
turning ;  and  ware  pat  together  without  iron.  Thej 
contmued  in  use  untfl  the  age  of  Tadtus,  by  whom 
their  construction  and  uses  are  described.  (SiraK 
zi  p.  495  ;  Eustath.  adIHtmifi,  Pmrwg.  700  ;  Aul 
GeU.  z.  25 ;  Tac  HuL  iii  47.  Respecting  the 
other  uses  of  the  word  see  Seller  and  Jacobitap 
H<mdwmieHmA  d,  GfiadL  SpraeU.)        [P.  &] 

CAMILLI,  CAHILLAE,  bojs  I  ~ 
ployed  in  the  religious  rites  and  cere 
Romans.  They  were  required  to  be  perfect  is 
form,  and  sound  in  health,  free  bom,  and  with 
both  their  parenta  alive ;  or,  in  other  words,  ae- 
cording  to  the  ezpreasion  of  the  Romaaa,  jwen'  sea 
jTWfiffirrc  Mueast,  AHcittuiUj  pah'iwU  aMffisMotM^ 
The  origin  of  these  words  gave  rise  to  vanoos 
opinions  amoQg  the  andents.  Dionysius  supposed 
them  to  cQiRspond  to  the  jcaS/uAoi  among  the 
Curetes  and  Coiybantcs ;  othen  connected  them 
with  Cadmilus  or  Casmilus,  one  of  the  SamothiB- 
dan  Cabeiri ;.  but  we  know  nothing  certain  on  the 
matter.  Respecting  the  employment  of  the  Camil- 
lus  at  Roman  marriages,  see  Matumoniuii. 
(DioQva.  ii  21,  22;  Varr.  £. Z.  viL  34,  ed.  MU- 
ler ;  Macrob.  SaL  iil  8 ;  Serv.  oil  Fny.  Jen.  zi 
543 ;  Festns,.  t.  ev.  CamUlmij  Cbaimti,  Ftammimg 
CkmaUHi;  Hartoiig,  Die  Rdigim  dtr  BSmer,  vol  i 
p.  157,  vol  ii  p.  /I.) 

CA'MPAOUS»  a  kind  of  shoe  won  bj  the  later 
Roman  emperon.  (TrebeU.  Poll  G^Ukm.  16,  with 
the  note  of  Salmadns.) 

CAMI'NUS.     [DoMUs] 

CAMPESTRE  (sc  saU^or)  wasa  kind  of  girdle 
or  apron,  which  the  Roman  youths  won  around 
their  loins,  when  they  ezereised  naked  in  the 
Campus  Martins  (Augustin.  IM  Cw,  JMi^  ziv.  17). 
The  campestre  was  sometimes  worn  in  warm  wea- 
ther in  pIsoB  of  the  tunic  under  the  toga  {eampeabri 
s»6  toga  emctn$^  Ascon.  ad  Oe.  pro  SotHnrOf  p.  30. 
ed.  OreU. ;  Hor.  ^  i  11.  18.) 

CAMPIDOCTO'RES  were  persons  who  taught 
soldiers  their  exercises.  (V^et  i  13.)  In  the 
times  of  the  republic  this  duty  was  discharged  by 
a  centurion,  or  veteran  soldier  of  merit  and  distinc- 
tion.    (Comp.  Plin.  Pam,  13.) 

CA'NABUS  (KdMitfof),  was  a  fisure  of  wood 
in  the  form  of  a  dcdeton,  round  which  the  day  or 
pUtfter  was  laid  in  forming  models.  Figures  of 
a  similar  kind,  formed  to  display  the  nnisdes  and 
veins,  wen  studied  by  painters  iti  order  to  acquire 
some  knowledge  of  anatomy.  (Arist  Hid.  Anm, 
iii  5^  I>s  Cfm,  Jam.  ii  6;  PoUuz,  vii  164,  x, 
189 ;  Said,  and  Hesych.  «.  ff, ;  HiUki^  ArMoL 
<ferAa«,§305.n.7.) 

CANA'LIS,  and  the  dhninutive  Chaafaafai, 
which  signify  a  water-pipe  or  gutter,  are  used  also 
in  architecture  for  any  channel,  such  as  the  flutings 
of  a  column,  and  the  channd  between  the  volutes 
of  an  Ionic  capital  (Vitruv.  z.  14,  iii  3).    [P.  S.] 

CANATHRON  (icdra6poir),  a  carriage,  the  up- 
per  part  of  which  was  made  of  basket-work,  or 
more  properly  the  basket  Itsdf;  which  was  fizedin 


ns 


CANDELABRUM. 


the  carria^.  (Xen.  Aget.  viii  7;  Plat  Ages,  c  l9.) 
Homer  cfdls  thu  kind  of  basket  irtipivs,  (IL  zxiy. 
]  90,  267 ;  and  Eustatfa.  ad  loe.  Compare  Starts, 
iMc.  XemxpL  $,  v.  KdtraBpoy ;  Scheffer,  JM  Re 
Vehie.  p.  68.) 

CANCELLATIIUS.    tCANCBLiL] 

CANCELLI,  lattice-work,  placed  before  a  win- 
dow, a  door-way,  the  tribonal  of  a  judge,  or  any- 
other  place.  (See  e.  g.  Cic.  pro  SesL  58  ;  Yarr. 
R.  R.  ill  5  ;  Or.  Am.  ill  2.  64  ;  Dig.  30.  tit  41. 
i.  10  ;  S3,  tit  7.  B.  10.)  Hence  was  derived  the 
word  Ocuicellaruu,  which  originally  signified  a 
porter,  who  stood  at  the  latticed  or  grated  door  of 
the  emperor"^  palace.  The  emperor  Carinns  gave 
great  dusatisfiiction  by  promoting  one  of  his  Gan- 
celktfii  to  be  Praefectos  urbl  (Vopisc  Carin,  16.) 
The  cancellarius  also  signified  a  legal  scribe  or 
secretary,  who  sat  within  the  cancelii  or  lattice- 
work, by  which  the  crowd  was  kept  off  from  the 
tribunals  of  the  judges.  (Cassiod.  Var,  xi.  6.) 
The  chief  scribe  or  secretary  was  called  Cancellarius 
irar*  ^(ox^v,  and  was  eventually  invested  with 
judicial  power  at  Constantinople  ;  but  an  account 
of  his  duties  and  the  history  of  this  office  do  not 
fall  within  the  scope  of  the  present  work.  From 
this  word  has  come  the  modem  Chancellor. 

CANDE'LA,  a  candle,  made  either  of  wax 
(oena)  or  tallow  (aebacea),  was  used  universally 
by  the  Romans  before  the  invention  of  oil  lamps 
{luofmas),  {\arr,  DeLinff.  Lot.  r,  119,  ed.  urn- 
ler;  Martial,  xiv.  43 ;  Athen.  xv.  p.  700.)  They 
used  for  a  wick  the  pith  of  a  kind  of  rush  called 
tcirpus  (Plin.  fl,  N.  xvL  70).  In  later  times  can- 
delae  were  only  used  by  the  poorer  classes ;  the 
houses  of  the  more  wealthy  were  always  lighted 
by  looemae  (Juv.  ScU.  iii.  287  ;  Becker,  GalktSy 
vol.  ii.  p.  201). 

CANDELA'BRUM,  was  originally  a  candle- 
stick, but  was  afterwards  used  to  support  lamps 
(Avxi'oOxos),  in  which  signification  it  most  com- 
monly  occurs.  The  candelabra  of  this  kind  were 
Usually  made  to  stand  upon  the  ground,  and  were 
of  a  considerable  height  The  most  common  kind 
were  made  of  wood  (Cic  ad  Qu.  Fr,  iii.  7  ;  Martial, 
xiv.  44;  Petron.  95 ;  Athen.  xv.  p.  700) ;  but  those 
which  have  been  found  in  Herculaneum  and  Pom- 
peii are  mostly  of  bronze.  Sometimes  they  were 
made  of  the  more  precious  metals  and  even  of 
jewels,  as  was  the  one  which  Antiochus  intended 
to  dedicate  to  Jupiter  Capitolinus.  (Cic  Verr,  iv. 
28.)  In  the  temples  of  the  gods  and  palaces  there 
were  frequently  large  candelabra  made  of  marble, 
and  fastened  to  the  ground.  {Muaeo  Pio-Ctem,  iv. 
1.  5,  V.  1.  3.) 

There  is  a  great  resemblance  m  the  general  plan 
and  appearance  of  most  of  the  candelabra  which 
have  been  found.  They  usually  consist  of  three 
parts : — 1.  the  foot  (fidffis)  ;  2.  the  shaft  or  stem 
(KavK6s) ;  3.  the  plinth  or  tray  (Sunc6s),  large 
enough  for  a  hunp  to  stand  on,  or  with  a  socket  to 
receive  a  wax  candle.  The  foot  usually  consists 
of  three  lions^  or  grifiinB*  feet,  ornamented  with 
leaves;  and  the  shaft,  which  is  either  plain  or 
fluted,  generally  ends  in  a  kind  of  capital,  on 
which  the  tiay  rests  for  supporting  the  lamp. 
Sometimes  we  find  a  figure  between  the  capital  and 
the  tray,  as  is  seen  m  the  candelabrum  on  the 
right  hand  in  the  annexed  woodcut,  which  is  taken 
from  the  Muteo  Borbomoo  (iv.  pi.  57),  and  repre- 
sents a  candelabrum  found  in  Pompeii.  The  one 
on  the  left  hand  is  also  a  representation  of  a 


CANDELABRUM. 

candehbrnm  found  in  the  same  city  (^Mus.  Bw 
vi  pi.  61),  and  is  made  with  a  sliding  shaft,  \ 
which  the  light  might  be  nised  or  lowered  j 
pleasure. 


The  best  candelabra  were  made  at  Aegina  vA 
Tarentum.  (Plin.  H.  N.  xxxiv.  6.) 

There  are  also  candelabra  of  various  other  fonni, 
thouffh  those  which  have  been  given  above  sre  bv 
far  the  most  common.    They  sometones  consist  of 


CANDYa 

a%iire  upporti^g  a  lamp  (MtO.  Bor^  tu.  pL  15), 
or  of  a  figme,  by  the  tide  of  which  the  ihaft  is 
f^aced  wih  two  hnncheiy  each  of  which  teniii- 
BiteiiBafatdiKyiipoQ  which  a  lamp  wai  placed. 
AcasddahniBi  of  thehtter  kind  it  giren  in  the 
pcecediag  woodcut  {Mma,  Borb,  it.  pL  59).  The 
atem  ii  ftmed  of  a  liliaeeoQS  plant  ;  and  at  the 
kK  is  a  oMi  of  htonse,  on  which  a  Silenua  ie 
rated  cngiged  in  tnring  to  poor  wine  from  a  skin 
vhkk  he  holda  in  his  left  hand,  into  a  cop  in  his 
ligkL 

Ttoe  WIS  another  kmd  of  candelahram,  entirely 
diflocBt  boa  those  which  have  been  deicribed, 
vbick  did  Mt  stand  upon  the  gimind,  bat  was 
placed  span  the  table.  These  candelabim  usually 
cflDSit  of  piDan^  frum  the  cnpitsls  of  which  aertanX 
oapt  bag  down,  or  of  trees,  from  whose  blanches 
kafi  alw  are  sospended.  The  fbOowing  wood- 
cat  r^Koents  a  rery  el^ant  candelabrum  of  this 
iJBd,  fiDosd  in  Pompeii  {Mms.  Bott.  iL  pL  13.) 

Tbe  onginsl,  Inchiding  the  stand,  is  three  feet 
lifi  The  pOkr  is  not  placed  in  the  centre,  but 
at  Qoe  end  ^  the  plinth,  which  is  the  case  in  al- 
QQft  every  csnddabrum  of  this  description  yet 


CANTHARUa 


^»i  The  plinth  is  inlaid  in  imitation  of  a  Tine, 
ue  iesres  of  which  are  of  silTer,  the  stem  and  fruit 
^  ^t  bronxe.  On  one  side  is  an  altar  with 
voodandEre  apon  it ;  and  on  the  other  a  Bacchus 
nding  oat  tiger.  (Becker,  Galbu^  toL  il  p.  206, 
it) 

CANDlDATUa    [Ambitus.] 

CANDYS  (cdi^vs),  a  gown  worn  by  the  Modes 
»4  PetMos  orer  their  trowsers  and  other  gar^ 
^  (Xen.C>r.  L  3.  §  2,  Jiw6.L  6.  §8 ;  Diod. 
^  xm  77.)  It  had  wide  sleeTos,  and  was  made 
«  »«aett  doth,  which  was  either  purple  or  of 
««»  other  tplendid  colour.  In  the  Fersepolitan 
KaiptBTEa,  nearly  all  the  principal  persoiiages 
*K  doihed  in  it.  The  three  here  shown  are 
«cr  fitmn  Sir  R.  K.  Porter's  TrareU  (toI.  i.  pi 
^^  [J.  Y.l 


CANE'PHOROS  (iconHHJpof).  When  a  sacri- 
fioe  was  to  be  offered,  the  round  cake  (rpox^o 
^adfe,  T^voror,  iX^,  mola  talm\  the  chaplet 
of  ffowen,  the  knife  used  to  slay  the  Tictim,  and 
sometimes  the  frankincense,  were  deposited  in  a 
flat  circuUr  basket  (irdycor,  oaairtiiim),  and  this 
was  frequently  carried  by  a  Tirwin  on  her  head  to 
the  altar.  The  practice  was  obserred  more  espe- 
cially at  Athens.  When  a  priTate  man  ncrificed, 
either  his  daughter,  or  some  unmarried  female  of 
his  family,  officiated  as  his  canephotos  (Aristoph. 
Ackam,  241—252)  ;  but  in  the  Panathenaea,  the 
Dionysia,  and  other  public  festivals,  two  Tirgins  of 
the  first  Athenian  families  were  appointed  ror  the 
purpose.  Their  function  is  described  by  Ovid 
{MeL  iL  713—715). 

That  the  office  was  accounted  highly  honourable 
app«ua  from  the  fi^t,  that  the  resentment  of  Har- 
modius,  which  instigated  him  to  kill  Hipparch^ 
arose  from  the  insult  offered  by  the  latter  in  for- 
bidding the  sister  of  Harmodius  to  walk  as  cane- 
phoros  in  the  Panathenaic  procession.  (Thucyd. 
yi  b^ ;  Aelian,  F.  H.  xi.  8.)  An  anteiiza  in  the 
British  Museum  (see  woodcut)  represents  the  two 
canephoroe  approaching  a  candelabruuL  Each  of 
them  elevates  one  arm  to  support  the  basket,  while 


she  slightly  raises  her  tunic  with  the  other.  This 
attitude  was  much  admired  by  ancient  artists. 
Pliny  {H.  N,  xxxvi.  4.  s.  7)  mentions  a  naarble 
canephoros  by  Scopas,  and  Cicero  (  Verr.  It.  3) 
describes  a  pair  in  bronze,  which  were  the  exquisite 
work  of  Polycletus.     [Caryatis.]         [J.  Y.] 

CANISTRUM.     [Canbphoros.] 

CANTABRUl^  a  standard  used  at  the  time 
of  the  Roman  empire,  and  carried  in  festive  pro- 
cessions.    (Tertull.  ApoL  16  ;  Minuc  Felix,  29.) 

CANTE'RII  is  used  by  Vitruvius  (iv.  2)  for 
the  rafters  of  the  roo^  extending  from  the  ridge  to 
the  earca.  [P.  S.] 

CA'NTHARUS   {xMapoz)   was   a  kind   of 

drinking-cup,  furnished  with  handles    {cmUliarm 

onto,  Virg.  £cL  yI\7  ;  Hor.  Carm,  i.  20).     It  if 

said  by  some  writers  to  have  deriyed  its  name 

'  from  one  Cantliarus,  who  first  made  cups  of  thi4 


388  CAPI8TRUM. 

form.  (Athen.  zi.  p.  474,  e  ;  Pollux,  yL  96  ; 
Plin.  H.  N.  zzziY.  Id.  1 25.)  The  cantharus  was 
the  cnp  lacred  to  Bacchus  (Macrob.  Sai,  y.  21  ; 
Plin.  If.  N.  xxxiiL  53),  who  is  frequently  repre- 
sented on  ancient  Tasea  holding  it  in  his  hand,  as 
in  the  following  woodcut,  which  is  taken  from  a 
painting  on  an  ancient  mae,  (Millingen,  Pam- 
turu  Antiqueij  pi  58.) 


CA'NTICUM.  In  the  Roman  theatre,  between 
the  first  and  second  acts,  flute  music  appears  to 
have  been  introduced  (PUut  PmdoL  i  5.  160), 
which  was  accompanied  by  a  kind  of  recitative, 
performed  by  a  single  actor,  or  if  there  were  two, 
the  second  was  not  allowed  to  speak  with  the  first 
Thus  Diomedes  (iiu  p.  489.  ed.  Putsch.)  says :  — 
**  In  canticis  una  tantum  debet  esse  persona,  aut  si 
duae  fuerint,  ita  debent  esse,  ut  ex  occulto  una 
audiat  nee  colloquatur,  sed  secum,  si  opus  frierit, 
verba  fiiciat^  In  the  canticum,  as  violent  gesti- 
culation was  required,  it  appears  to  have  been  the 
custom,  from  the  time  of  Livius  Andronicus,  for 
the  actor  to  confine  himself  to  the  gesticulation, 
while  another  person  sang  the  recitative.  (Li v. 
vilL  2  ;  Lucian,  De  SaUaL  80  ;  Isidor.  Oriff.  xviii. 
44.)  The  canticum  always  formed  a  part  of  a 
Roman  comedy.  Diomedes  observes  that  a  Roman 
comedy  consists  of  two  parts,  dialogue  and  canticum 
{LatinoB  comoediae  duobut  ta$Uiim  fnembrit  oonstatit, 
dwerbio  ei  eantioo).  Wolf  {De  CatUieis,  p.  11) 
endeavours  to  show  that  cantica  also  occuired  in 
tragedies  and  the  Atellanae  fobulae.  There  can 
be  no  doubt  that  they  did  in  the  latter ;  they 
were  usually  composed  in  the  Latin,  and  sometimes 
in  the  Greek  language,  whereas  the  other  parts  of 
the  Atellane  plays  were  written  in  Oscan. 

CAPISTRUM  {4>of^9td\  a  halter,  a  tie  for 
horses,  asses,  or  other  animals,  placed  round  the 
head  or  neck«  and  made  of  osiers  or  other  fibrous 
materials.  In  representations  of  Bacchanalian  pro- 
cessions the  tigers  or  panthers  are  attached  to  the 
yoke  by  capistra  made  of  vine-branches.  Thus  we 
read  of  the  mto  oaputratae  tigre*  of  Ariadne  (Ovid, 
KpitU  il  80 ;   Sidon.  Apoll.  Cbm.  xxil  23),  and 


CAPSA. 

they  are  seen  cm  the  bas-relief  of  a  sareophagufl  xb 
the  Vatican  representing  her  nuptial 
See  the  annexed  woodcot 


The  term  ^optfcii  was  also  applied  to  a  contriv- 
ance used  by  pipers  {aoXtiraX)  and  tmnnpeters  to 
compriMS  their  mouths  and  cheeks,  and  thna  to  aid 
them  in  blowing.  It  is  often  seen  in  works  of 
ancient  art  [Chiridota],  and  was  aaid  to  be  the 
invention  of  Marsyas.  (Simonides,  Brmmek.  Atu 
i.  122  ;  Sophocles,  <^  CGc  ad  AtL  iL  16  ;  Aris- 
toph.  Av.  862,  F«9>.  580,  Eq,  1147  ;  ScboL  ad 
IL)  CJ.  Y.] 

CAPITA'LIS.    [Caput.] 

CA'PITE  CENSI.     [Caput.] 

CA'PITIS  DEMINU'TIO.    [Capht.] 

CAPITIUM,  a  portion  of  a  womanis  dress, 
said  by  Varro  to  be  so  called,  because  it  coven 
{oapU)  the  breast  (Vair.  L.  L,  v.  131,  ed.  MuUer, 
and  De  VUa  P.  R.  iv.  Kp.  Nonium,  s.  o.  oapiHa  ; 
comp.  Gell.  xvi  7  ;  Dig.  84.  tit  2.  s.  24.)  But 
the  word  itself  would  rather  lead  us  to  suppose 
that  it  was  originally  a  covering  fiir  the  head 
(oaput), 

CAPITOLI'NI  LUDL    [Ludl] 

CAPI'TULUM.     [CoLUMNA,] 

CAPSA  {dim,  CA'PSULA),orSCRI'NIUM, 
the  box  for  holding  books  among  the  Romans. 
These  boxes  were  usually  made  of  beech-wood 
(Plin.  H,  N,  xvi.  43.  s.  84),  and  were  of  a  cylin- 
drical form.  There  is  no  doubt  respecting  their 
form,  since  they  arc  often  placed  by  the  side  of 
statues  dressed  in  the  toga.  The  following  wood- 
cut, which  represents  an  open  capsa  with  six  rolls 
of  books  in  it|  is  from  a  painting  at  Pompeii. 


There  does  not  appear  to  have  been  any  dif- 
ference between  the  eapea  and  thesernmmt,  except 
that  the  latter  word  was  usually  applied  to  those 
boxes  which  held  a  considerable  number  of  rolls 
{icrima  da  magmt^  Mart  i  8).  Boxes  used  for 
preserving  other  things  betides  books,  were  also 
called  capsae  (Plin.  H,N.  xv.  17.  s.  18  ;  Mart  xi. 
8),  while  in  the  scrinia  nothinff  appears  to  have 
been  kept  hot  books,  letten,  and  oUier  writings. 


CAPUT. 

The  risra  vko  lad  the  chai^ge  of  these  book- 
cheela  veie  calkd  captani,  and  alao  ematoHet  jeri- 
■Hmai/  md  the  ilaTet  who  canied  in  a  capm 
behind  their  young  masten  the  hooka,  &e.  of 
tb  aooa  of  resectable  Romana,  when  they  went 
to  ichod,  were  abo  called  capaazii.  (Jav.  x.  117.) 
We  aoeoidingly  find  them  mentioned  together  with 
the  paedngo^     (Suet  Net,  86.) 

When  the  capaa  contained  booki  of  importmee, 
it  waa  aealed  or  kept  under  lock  and  key  (Mart  i 
57)  ;  whence  Hoiace  {Bp.  L  20.  S)  myt  to  hii 
wA,Odutielaoea,dgnilaiigSlapadieo.  (Becker, 
Gmam$^  ToL  i  p.  191  ;  Bil&ger,  SbMm,  toL  L 
p.l02,ft£.) 

CAPSA'KII,  the  name  of  three  different  daaiet 
ef  slaves :  —  1.  Of  those  who  took  care  of  the 
dothea  of  peiaona  while  bathing  in  the  pablic 
baibfl.  [BAI.NSAX,  p.  189.]  In  later  times  they 
vere  smbjcct  to  the  jnrisdictian  of  the  praefectos 
▼igSum.  (Dig.  L  tit  15.  s.  S.)  2.  (K  those  who 
bad  the  care  of  the  capsae,  in  which  books  and 
letters  wcse  kept  [Capsa.]  S.  Of  those  who 
carried  the  books,  &c.  of  boys  to  school  [Capsa.] 

CATSUUL     [Capsa.] 

CATULUS  (<^n|,  Xotf^).  1.  The  hflt  of  a 
•vQsd,  which  waa  frequently  much  ornamented. 
[Glaoius.]  The  handles  of  kniTcs  were  also 
■enfted ;  and  of  the  beautiful  woiAl- 
I  bestowed  on  them,  a  judgment 


CAPUT. 


339 


Bay  be  fenned  from  the  three  specimens  here  in- 
traduced.  (Mont&neon,  AnL  EnUmUey  iii  122. 
pL61.) 

2.  A  bier  or  coffin.    [Fukub.] 

CAPUT,  the  hend.  The  term <*  head  **  isoften 
(Bed  by  the  Roman  writers  as  equivalent  to  **  per- 
aoa,"  or  ■*  homan  bein^.**  (Caes.  BelL  GalL  ir.  1 5.) 
Bj  an  easy  transition.  It  was  used  to  signify  **  life :  ** 
tk^,  a^Ue  dammariy  pledij  &c.  are  equivalent  to 
<spiial  puniahment 

Caput  is  alao  need  to  express  a  man^  civil  con- 
dkioo ;  and  the  persons  who  were  rqpstered  in  the 
tables  of  the  censor  are  spoken  of  as  capita^  some- 
tiaet  with  the  addition  of  the  word  emimmj  and 
•aietimea  not  (Liv.iii.  24,  x.  47.)  Thus  to  be 
regatered  in  the  census  was  the  same  thing  as 
apftt  haitrt :  and  a  slave  and  a  filius  fiunilifts,  m 
tin  sense  of  the  word,  were  said  to  have  no  eofiU, 
Tbc  bwest  century  of  Servins  Tnllios  comprised 
tke  poletaiii  and  the  capita  oensi,  of  whom  the 


htter,  havmg  little  or  no  pnpsrty,  wars  barely 
rated  as  so  many  ktad  id  dtiaens.  (GeU.  zvi  10; 
Cic./tei?ip.il22.) 

He  who  changed  his  condition  ftr  an  bierior 
sne  was  said  to  be  eapk§  ai&ialai,  dsawMtet,  or 
mpitummor,  (Hoc.  Cbna.  iii  5. 4Z)  Thephiaso 
Si  oajritt  dtmimwtf  was  also  applicable  m  case  of  a 
voluntary  change  of  condition.  ((}ic  Tap,  c  4.) 
The  definition  of  Festus  (s. «.  dlsaiMates)  is,  *«De- 
minutus  capita  appellatur  qui  dvitate  mutatns  est ; 
et  ex  alia  mmilia  in  aliam  adoptatoa,  et  qui  liber 
alteri  mandpio  datus  est :  et  qui  in  hostium  potes- 
tatem  venit :  et  cni  aqna  et  igni  interdictum  est** 
There  has  been  some  discussion  whether  we  should 
use  otitis  deminutio  or  diminutio,  but  it  is  indif  • 
ierent  which  we  write. 

There  were  three  divisions  of  Ostitis  demmutio 
—  Maxima,  Media,  sometimes  called  Minor,  and 
Minima.  The  marima  capitis  deminutio  cons&ted 
in  the  loss  of  libertas  (freedom),  in  the  change  of 
the  condition  of  a  free  man  (whether  ingenuus  or 
libertinus)  into  that  of  a  slave.  The  media  con- 
sisted in  the  change  of  the  condition  of  a  dvis 
into  that  of  a  peregrinus,  as,  for  instance,  in  the 
case  of  deportatio  under  the  empire ;  or  the 
change  of  the  condition  of  a  dvis  into  that  of  a 
Latinus.  The  minima  consisted  in  the  chanffe  of 
the  condition  of  a  pater  familias  into  that  of  a  filius 
fiunilias,  as  by  adrogation,  and,  in  the  l^er  law, 
by  legitimation ;  and  in  a  wife  in  menu,  or  a 
filius  familias  commg  into  mancipii  causa  ;  con- 
sequently, when  a  fiUus  fiunilias  was  emandpated 
or  adopted,  there  was  a  capitis  deminutio,  for  both 
these  ceremonies  were  inseparably  connected  with 
the  mandpii  causa  (cum  emancipari  nemo  posnt 
nid  in  imaginariam  servilem  causam  deductus. 
Gains,  i  134^  162).  This  explains  how  a  films 
fimiilias,  who  by  emandpation  becomes  sui  juris, 
and  thus  improves  his  social  condition,  is  still  said 
to  have  undergone  a  capitis  deminutio  ;  which  ex- 
presnon,  as  olMcrved,  applies  to  the  fi>rm  by  which 
the  emancipation  is  effJcirted. 

Capitis  minntio,  which  is  the  same  as  deminutio, 
is  defined  by  Gains  (Di^.  4.  tit  5.  s.  1)  to  be 
status  permutatio ;  but  this  definition  is  not  suf- 
fidently  exact  That  capitis  deminutio  which  had 
the  most  consequence  was  the  maxima,  of  which 
the  media  or  minor  was  a  milder  fivm.  The 
minima,  as  already  expUined,  was  of  a  technical 
character.  The  maxima  capitis  deminutio  was 
sustained  by  those  who  refused  to  be  registered  at 
the  census,  or  neglected  the  registration,  and  were 
thence  called  mosmi.  The  ineamu  was  liable  to 
be  sold,  and  so  to  lose  his  liberty  ;  but  this  being 
a  matter  which  concerned  dtixenship  and  freedom, 
such  penalty  could  not  be  inflicted  directly,  and 
the  object  was  only  effected  by  the  fiction  of  the 
dtizen  having  himself  abjured  his  freedom.  Those 
who  refused  to  perform  military  service  might  also 
besold.  (CicPirt>OM(MMi,S4;  Ulp. /Vt^. xL  1 1.) 
A  Roman  citizen  who  was  taken  prisoner  by  the 
enemy,  lost  his  dvil  rights,  together  with  his 
liberty,  but  he  might  recover  them  on  returning  to 
his  country.  [Postliminium.]  Persons  con- 
demned to  ignominious  punishments,  as  to  the 
mines,  sustained  the  maxima  capitis  deminutio.  A 
free  woman  who  cohabited  with  a  skve,  after 
notice  given  to  her  by  the  owner  of  the  slave,  be- 
came an  ancilla,  by  a  senatns-consultum,  nassed  in 
the  time  of  Claudius.  (Ulp.  Frag,  xi  11  ;  com* 
pare  Tacit  Awn,  xii  53,  and  Suet  Fesp.  U.) 


240 


CARCER. 


A  judicium  capitale,  or  poena  capitalis,  was  one 
which  affected  a  citizen^s  caput  The  subject  of 
the  Capitis  deminutio  is  fully  discussed  by  Becker, 
Handbuck  der  Romischm  AUerthumer^  yoL  il 
p.  ]  00 ;  aad  by  Sayigny,  Syttem^  &c  Tol.  iL  p.  68, 
&c  [G.  L.] 

CAPUT.     [Fknus.! 

CAPUT  EXTORUM.  The  Roman  iooth- 
sayers  Qianupioss)  pretended  to  a  knowledge  of 
coming  events  from  the  inspection  of  the  entrails  of 
victims  slain  for  that  purpose.  The  part  to  which 
they  especially  directed  their  attention  was  the 
liver,  the  convex  upper  portion  of  which  seems  to 
have  been  called  the  caput  extorum,  (Plin.  H.  N,  xi, 
37.  s.  73.)  Any  disease  or  deficiency  in  this  organ 
was  considered  an  un&vonrable  omen  ;  whereas, 
if  healthy  and  perfect,  it  was  believed  to  indicate 
good  fortune.  The  haruspices  divided  it  into  two 
parts,  one  called /amiUam,  the  other  hotUUt:  from 
the  former,  they  foretold  the  fiite  of  friends ;  from 
the  latter,  that  of  enemies.  Thus  we  read  (Liv. 
viii.  9),  that  the  head  of  the  liver  was  mutilated 
by  the  knife  of  the  operator  on  the  ^  fruniliar "" 
port  (oapvt  jednoris  a  /amiliari  parte  oaetum% 
which  was  always  a  bad  sign.  But  the  word 
**  caput  ^^  here  seems  of  doubtfrd  application  ;  for  it 
may  designate  either  the  convex  upper  part  of  the 
liver,  or  one  of  the  prominences  of  the  various  lobes 
which  form  its  lower  and  irregularly  concave  part 
It  is,  however,  more  obvious  and  natural  to  under- 
stand by  it  the  upper  part,  which  is  formed  of  two 
prominences^  called  the  great  and  small,  or  right 
and  left  lobes.  If  no  caput  was  found,  it  was  a 
bad  sign  (nihil  tritHut  ae^dere  potuit)  ;  if  well  de- 
fined or  double,  it  was  a  lucky  omen.  (Cic  De 
Div,  ii.  12,  13  ;  Liv.  xxvU.  26.)  [R.  W.] 

CARACALLA  was  an  outer  garment  used  in 
Gaul,  and  not  unlike  the  Roman  lacema.  [La- 
CXRNA.]  It  was  first  introduced  at  Rome  by  the 
emperor  Aurelius  Antonmus  Bassianus,  who  com- 
pelled all  the  people  who  came  to  court  to  wear  it, 
whence  he  obtamed  the  surname  of  Caracalla. 
(AureL  Vict  EpU.  2).)  This  garment,  as  worn 
in  Gaul,  does  not  appear  to  have  reached  lower 
than  the  knee,  but  Caracalla  lengthened  it  so  as  to 
reach  the  ankle.  It  afterwards  became  common 
among  the  Romans,  and  garments  of  this  kind 
were  called  caiacallae  Antonianae,  to  distinguish 
them  from  the  Gallic  caiacallae,  ( Aurel  Vict  De 
Caea.  21 ;  Spartian.  Sev.  21,  AnUm.  Car,  9.)  It 
usually  had  a  hood  to  it,  and  came  to  be  worn  by 
the  clergy.  Jerome  {Ep,  128)  speaks  ofpalUolum 
miraa  puichritudinii  in  modum  earaoaUarum  sed 
abaque  eueulUs. 

CARBATINA.    [PEaa] 

CARCER  (kcrher,  German  ;  yopyvpa,  Greek), 
a  prison.  This  word  is  connected  with  ^kos  and 
(7jp7w,  the  guttural  being  interchanged  with  the 
aspirate. 

1.  Qrxkk.  —  Imprisonment  was  seldom  used 
among  the  Greeks  as  a  legal  punishment  for 
offences ;  they  preferred  banishment  to  the  expense 
of  keeping  prisoners  in  confinement  We  do,  in- 
deed, find  some  cases  in  which  it  was  sanctioned 
by  law ;  but  these  are  not  altogether  instances  of 
its  being  used  as  a  pimishment  Thus  the  farmers 
of  the  duties,  and  their  bondsmen,  were  liable  to 
imprisonment  if  the  duties  were  not  paid  by  a 
specified  time ;  but  the  object  of  this  was  to  pre- 
vent the  escape  of  de&ulters,  and  to  insure  regu- 
larity of  payment   (Bockh,  Publ,  Econ,  o/AUiais, 


CARCER. 
p.  339,  &c)  Again,  persons  who  had  been  mulcted 
in  penalties  might  be  confined  till  they  had  paid 
them.  (Dem.  c  Mid.  p,  529.  26.)  The  JEti/mu 
also,  if  they  exercised  the  rights  of  citixenahipi, 
were  subject  to  the  same  conseqaences.  O^em. 
0.  TYmocr.  p.  732.  17.)  Moreover,  we  read  of  a 
Z^fffi6i  for  theft ;  but  this  was  a  wpotrrifi'itP^  or 
additional  penalty,  the  infliction  of  which  was  at 
the  option  of  the  court  which  tried  the  case  ;  and 
the  ZttriUi  itself  was  not  an  imprisonment,  but  a 
public  exposure  in  the  woSoicdicfcii,  or  stocks,  for 
five  days  and  nights — the  rk  ^i'  k^K^  9^4adaK 
Still  the  idea  of  imprisonment  .per  so,  as  a  pimx&h. 
ment,  was  not  strange  to  the  Athenians.  Thus  we 
find  that  Pbto  {Leg,  x.  p.  908)  proposes  to  have  three 
prisons :  one  of  these  was  to  be  a  o-a^^por Mrr^pior, 
or  penitentiary,  and  another  a  place  of  puniahmeat 
—  a  sort  of  penal  settlement  away  from  the  citr. 

The  prisons  in  different  countries  were  called  bj 
different  names:  thus  there  was  the  *Arcrxjra2br, 
in  Boeotia ;  the  K^po^s,  at  Cyprus  ;  the  Kms;,  at 
Corinth ;  and,  amongst  the  lonians,  the  yopyvpa^ 
as  at  SamoB.  (Herod,  iii.  145;  Pollux,  ix.  45.) 
The  prison  at  Athens  was  in  former  times  called 
Bta-fjiMHiptoy^  and  afterwards,  by  a  sort  of  euphe- 
mism, oXicriiM,  It  was  chiefly  used  as  a  ffuard-house;, 
or  place  of  execution,  and  was  under  the  charge  of 
the  public  ofiicers  called  the  eleven,  ol  IrScjEo. 
One  gate  in  the  prison,  through  which  the  con- 
demned were  led  to  execution,  was  called  rh 
Xapo»ynoy,  (Pollux,  viiL  103  ;  Wachamuth,  JEfeU, 
AUerthumsk.  vol.  il  pp.  141,  201,  2d  ed.) 

The  Attic  expression  for  imprisonment  was  S€?r. 
Thus  in  the  oath  of  the  /SovAcirrol,  or  senators, 
occurs  the  phrase  o68^  9^<ro9  *k07ivcUonf  o&Sero. 
Hence  we  have  the  phrase  iZftrftos  ^uXcur^  (Thnc. 
iii.  34),  the  ^libera  custodia  **  of  the  Romans,  sig- 
nifying that  a  party  was  under  strict  snrreillance 
and  guard,  though  not  confined  within  a  prison. 

2.  Roman. — A  career,  or  prison,  was  first  bnilt 
at    Rome    by  Ancus  Martius,  overhanging   the 
forum.     (Liv.  i.   33.)      This  was  enlaiged   by 
Servius  Tullins,  who  added  to  it  a  souterrain,  or 
dungeon,  called  from  him  the  Tulliammu     Sollust 
{Cat.  55)  describes  this  as  being  twelve  feet  nndcr 
ground,  walled  on  each  side,  and  arched  orer  with 
stone  work*     For  a  long  time  this  was  the  only 
prison  at  Rome  (Juv.  Sat,  iii  312),  being,  in  hux, 
the  "Tower,''  or  state  prison  of  the  city,  which 
was  sometimes  doubly  guarded  in  times  of  alarm, 
and  was  the  chief  object  of  attack  in  many  con- 
spiracies.    (Liv.  xxvi.  27,  xxxiL  26.)       Vairo 
{L,  L,  v.  151,  ed.  MuUer)  tells  us  that  the  Tol- 
lianum  was  also  named  **  Lautumiae,*'  from  some 
quarries  in  the  neighbourhood ;  or,  as  othon  think 
in  allusion  to  the  '^  Lautumiae '^  of  Syracases,  a 
prison  cut  out  of  the  solid  rock.     In  later  times 
the  whole  building  was  called  the  **  Mamertine.*' 
Close  to  it  were  the  Scalae  Oemoniae,  or  steps, 
down  which  the  bodies  of  those  who  had  been 
execnted  were  thrown  into  the  Forum,  to  be  ex- 
posed to  the  gaze  of  the  Roman  populace.  (Czamcr, 
Andent  ito/y,  vol.  I  p.  430.)     There  were,  how* 
ever,  other  prisons  besides  this,  though,  as  we 
might  expect,  the  words  of  Roman  historians  gene- 
rally refer  to  this  alone.    One  of  these  was  built  by 
Appius  Claudius,  the  decemvir,  and  in  it  he  was 
himself  put  to  death.     (Liv.  iii.  57 ;  Plin.  //.  A'. 
vil  36.) 

The  career  of  which  we  are  treating,  was  chiefly 
used  as  a  place  of  confinement  for  persons  under 


CARDa 

KcantaoB,  tfll  tlie  time  of  trial ;  and  alao  as  a 
fjace  of  execntmi,  to  which  porpooe  the  TnJlianam 
w«s  ipcciaUj  deroted.  Thus,  SaUurt  (L  e.)  tella 
u  that  Lentnliis,  an  atcomplice  of  Catiline,  was 
hanged  there.  L\rj  also  (xxix.  22)  speaks  of  a 
cQnapiiBtar  beii^  ddeffoias  m  TidUgmmm^  which 
in  aneCher  passage  (xxxir.  44),  is  otherwise  ex- 
pensed faj  the  wofds  M  infinoTtm  deuuuua  ear- 


The  sBoie  part  of  the  prison  was  also  called 
*r»har,'^  if  we  may  jadge  from  the  words  of 
F(3tas:  —  Robur  im  earcera  dieitmr  ia  locm„  quo 
pr^wdpitatmr  maUfieormm  genus.  This  identity  is 
fmhcr  shown  by  the  use  made  of  it ;  for  it  is 
ipekni  of  as  a  place  of  execution  in  the  foUowing 
pinnirn  -  —  In  robon  ei  temebris  exsphxtn  (Liv. 
xxxrm.  59 ;  Sollost,  L  e,\  Robur  et  mueam  (sc. 
Taquoa)  wumlari  (Tacit  Amn.  vr.  29).  So  also 
ve  read  o^  the  eatgnas  —  et  lUUum  robur,  (Hor. 
Cbm.  S.  la.  18.)  [R.W.] 

C.VRCERES.     [CincuR.] 

CARCHESIUM  (icapx^uwr).  1.  A  beaker 
or  dnnking-cnp,  which  was  used  by  the  Greeks  in 
Toj  eariy  timo,  so  that  one  is  said  to  have  been 
^rea  by  Jnpiter  to  Alcmena  on  the  night  of  his 
ri«s  to  her-  ( Pherecydes,  p.  97 — 1 00,  ed.  Starts. ) 
1 1  vat  aiiglidy  contracted  in  the  middle,  and  its 
tvT)  handles  extended  from  the  top  to  the  bottom. 
(Athen.  xL  pu  474  ;  Macrob.  Sat,  v.  21.)  It  was 
mocfa  «mplojed  in  libations  of  blood,  wine,  milk, 
Slid  booey.  (Sappho,  Frag.  70,  ed.  Neue ;  Viig. 
Gtor^  \r.  330,  Aen.  r.  77  ;  Ovid,  Met  viL  246 ; 
StaL  Aeim.  u.  6.)  The  annexed  woodcut  repre- 
srata  a  mafniificent  carchesiam,  which  was  pre- 
vxiLtd  by  Charles  the  Simple  to  the  Abbey  of 
StDeays.     It  was  cat  oat  of  a  single  agate,  and 


ndily  cngraTcd  with  representations  of  bacchana- 
lian nibjecta.  It  hdd  considerably  more  than  a 
ptat,  and  its  handles  were  so  laige  as  easily  to 
adaiit  a  man's  band. 

2.  The  upper  part  of  the  mast  of  a  ship. 
[NatbwI 

CARDO  (baipjs,  orpo^^j ,  crrprf^jry^,  ylyy^^v- 
ft9s),  s  hinge,  a  pivot  The  first  figure  in  the  an- 
nexed woodoit  is  designed  to  show  the  general 
^*m  of  a  doM",  as  we  find  it  with  a  pivot  at  the 
tcp  and  bottom  (a,  6)  in  ancient  remains  of  stone, 
■arbic,  wood,  and  bronze.  The  second  figure  re- 
preaeiti  a  bronze  hinge  in  the  Egyptian  collection 
of  the  British  Museum :  iu  pivot  (6)  is  exactly 
cjiindricaL  Under  these  is  drawn  the  threshold 
^a  tanple,  or  other  lai^ge  edifice,  with  the  plan  of 
the  foJdmg  doors.  The  pivots  move  in  holes  fitted 
to  remre  them  (&,  6),  each  of  which  is  in  an  angle 


CARNEIA.  241 

behind  the   antepagmentum    (marmoreo   aentin 


strideue  in  limine  cardo^  Virg.  CXm,  222  5  Eurip. 
Pkoen,  114—116,  SchoL  ad  loc\ 

The  Greeks  and  Romans  also  used  hinges  ex- 
actly like  those  now  in  common  use.  Four  Roman 
hmges  of  bronze,  preserved  in  the  British  Museum, 
are  here  sbowu. 


The  form  of  the  door  above  delineated  makes  it 
manifest  why  the  principal  line  laid  down  in  sur- 
veying land  was  called  **  cardo  **  (Festus,  ».  v.  De- 
eunumue  ;  Isid.  Orig.  xv.  14) ;  and  it  further  ex- 
pUins  the  application  of  the  same  term  to  the 
North  Pole,  the  supposed  pivot  on  which  the 
heavens  revolved.  (Vair.  De  Re  RusL  i.  2 ;  Ovid, 
Ex  Ponta,  il  10.  45.)  The  lower  extremity  of 
the  universe  was  conceived  to  turn  upon  another 
pivot,  corresponding  to  that  at  the  bottom  of  the 
door  (Cic  De  Nat,  Deor.  il  41 ;  Vitruv.  vi.  1, 
ix.  1) ;  and  the  conception  of  these  two  principal 
points  in  geography  and  astronomy  led  to  the  ap- 
plication of  Uie  same  term  to  the  East  and  West 
also.  (Lucan.v.  71.)  Hence  our  *^four  pomts  of 
the  compass  **  are  called  by  ancient  writers  quaiuor 
cardines  orbie  terrarum,  and  the  four  principal 
winds,  N.  S.  E.  and  W.,  are  the  oardiwdee  venti. 
(Serv.  ad  Aen.  i  85.)  [J.  Y.] 

CARINA.     [Navw.] 

CARMENTA'LIA,  an  old  Roman  festival  ce- 
lebrated in  honour  of  the  nymph  Carmenta  or 
Carmentis,  for  an  accoiuit  of  whom  see  Did.  of 
Biog,  s,  V.  Camenae,  This  festival  was  celebrated 
annually  on  the  11th  and  the  15th  of  January, 
and  no  other  particulars  of  it  are  recorded  except 
that  Carmenta  was  mvoked  in  it  as  Poetvorta  and 
Antevorta^  epithets  which  had  reference  to  her 
power  of  looking  back  into  the  past  and  forward 
into  the  future.  The  festival  was  chiefly  observed 
by  women.  (Ov.  Fast.  i.  634  ;  Macrob.  SaL  i.  7; 
Gell.  xvL  16  ;  Serv.  ad  Virg.  Aen.  viii.  339  ;  Har- 
tung.  Die  Religion  der  Romer,  vol.  iu  p.  1 99.) 

CARNEIA  (icopycia),  a  great  national  festival, 
celebrated  by  the  Spartans  in  honour  of  Apollo 

R 


2i$  CARN1FEX« 

Cani«|o«,  wliich,  acoordiog  to  Sonbiui  (op.  A&m. 
ziv.  p.  635),  waB  mstitutcd  Olyrnp.  xxvL ;  although 
Apollo,  under  the  name  of  Cameioa,  was  worshipped 
in  Tarious  places  of  Peloponnesus,  particularly  at 
Amydae,  at  a  very  early  period,  and  even  before 
the  Dorian  migration.  (MUller,  Dor,  I  3.  §  8.  and 
ii.  &  §  15.)  Wachsmnth  (HeUen.  AUerthumsk.  ii. 
p.  582,  2d  ed.),  referring  to  the  passage  of  Athe- 
naeus,  above  quoted,  thinks  that  the  Caneia  had 
long  before  been  celebrated;  and  that  when,  in 
Olymp.  xxTi.,  Therpander  gained  the  victoiy, 
musical  contests  were  only  added  to  the  martial 
solemnities  of  the  festival.  But  the  words  of 
Athenaeus,  who  is  the  onlv  authority  to  which 
Wachsmuth  refers,  do  not  allow  of  such  an  inter- 
pretation, for  no  distinction  is  there  made  between 
earlier  and  later  solemnities  of  the  festival,  and 
Athenaeus  simply  says,  the  institution  of  the 
Cameia  took  place  Olymp.  xxvi.  ("EytWo  5i 
il  ^iffts  rw  Kaprtltnf  Kara  r9)y  7«cnfy  «cal  ciicotfT^^v 
'OXv/ATiiida,  &s  2«Mri$i<$f  ^aiv,  iy  r^  vtpl 
XP^t^y.)  The  festival  began  on  the  seventh  day 
of  the  month  of  Cameios  =:  Metageitnion  of  the 
Athenians,  and  Luted  for  nine  days.  (Athen.  iv. 
p.  141 ;  Eustath.  ad  11.  xxiv.  tub  fin,;  Plut  Symp, 
viii.  1.)  It  was,  as  far  as  we  know,  a  warlike 
festival,  similar  to  the  Attic  Botklromia.  During 
the  time  of  its  celebration  nine  tents  were  pitched 
near  the  city,  in  each  of  which  nine  men  lived  in 
the  manner  of  a  military  camp,  obeying  in  every- 
thing the  commands  of  a  herald.  MUlicr  also  sup- 
poses that  a  boat  was  carried  round,  and  upon  it 
a  statue  of  the  Cameian  Apollo  (^Kv6xXmw  (rrtfi- 
uarlas),  both  adorned  with  lustratory  garlands, 
called  tlKii\or  aTtftfiaruuov,  in  allusion  to  the 
passage  of  the  Dorians  from  Naupnctus  into  Pelo- 
ponnesus. {Dorians^  i.  3.  §  8.  note  s.)  The  priost 
conducting  the  sacrifices  at  the  Cameia,  was  called 
'Aynriis^  whence  the  festival  was  sometimes  de- 
signated by  the  name  *Ay7iT6pM  or  *AyiiT6p€top 
(Ilesych.  $.  o.  *AyrtT6p€io¥);  and  from  each  of  the 
Spartan  tribes  five  unmarried  men  (Kapytdrai) 
were  chosen  as  his  ministers,  whose  office  lasted 
four  years,  during  which  period  they  were  not  al- 
lowed to  marry.  (Hosych.  t.  r.  Kopycareu.)  Some 
of  them  bore  the  name  of  XrapvXoip6fioi.  (Hesych. 
ff.  V, ;  compare  Bekker,  Amod.  p.  205.)  Ther- 
pander was  the  first  who  gained  the  prize  in  the 
musical  contests  of  the  Carneia,  and  the  musicians 
of  his  school  were  long  distinguished  competitors 
for  the  prize  at  this  festival  (Miiller,  Dor.  iv.  6. 
§  3),  and  the  last  of  this  school  who  engaged  in 
the  contest  was  Pericleidas.  (Plut  De  Mns.  6.) 
When  we  read  in  Herodotus  (vi  106,  viL  206) 
and  Thucydides  (v.  54,  and  in  other  places)  that 
the  Spartans  during  the  celebration  of  this  festival 
were  not  allowed  to  take  the  field  against  an 
enemy,  we  must  remember  that  this  restriction  was 
not  peculiar  to  the  Cameia,  but  common  to  all  the 
great  festivals  of  the  Greeks:  traces  of  it  are  found 
even  in  Homer.     (Od.  xxi.  258,  &c) 

Cameia  were  also  celebrated  at  Cyiene  (Calli- 
mach.  Hymn,  in  ApoU,  72.  seq.),  in  Thera  (Calli- 
macb.  L  c  ;  Pindar,  Pytk.  v.  99,  seq.),  in  Oythion, 
Messene,  Sicyon,  and  Sybaris  (Pans,  iil  21.  §  7, 
and  24.  §  5,  iv.  33.  §  5,  ii.  10.  §  2 ;  Theocrit  v.  83; 
compare  Mutter's  Orckom,  p.  327).  [L.  S.] 

CA'RNIFEX,  the  public  executioner  at  Rome, 
who  put  slaves  and  toreigners  to  death  (Plaut 
Baedi.  iv.  4.  37 ;  Cbp^  v.  4.  22),  but  no  citizens, 
vrho  were  punished  in  a  manner  different  from 


CARPENTUM. 

lUven  It  waa  also  his  busiiiMt  to  administot  As 
torture.  This  office  was  oonsidered  so  di^giacefol, 
that  he  was  not  allowed  to  reside  within  the  city 
(Cic  Fro  Rabir.  5\  but  he  lived  witkoatthe  Poru 
Metia  or  Esqnilina  (PUuit.  PsemL  I  3.  98),  nest 
the  pUoe  destined  for  the  paniahnMnt  of  shves 
(Plaut  Cbs.ii.  6.  2;  TaciL  Amm.  xv.  60;  Hoc 
Epod.  v.  99X  called  Sestertium  under  the  emperon. 
(Plut  Galb.  20.) 

It  is  thought  by  some  writers,  frani  a  pasage 
in  Plautus  {Rud.  iiL  6.  19),  that  the  camifex  vu 
anciently  keeper  of  the  prison  under  the  trimaviii 
capitales ;  but  rhtse  does  not  appear  sufBcieiK 
authority  for  this  opinion.  (Lipsina.  £ican.  ad 
TadU  Ann.  il  32.) 

CARPENTUM,  is  one  of  the  earliest  kind  of 
Roman  carriages,  of  which  we  find  mention.  (Liv. 
l34.)  It  was  the  carriage  in  which  Roman  matroos 
were  allowed  to  be  conveyed  in  the  public  festal  fin)- 
cessions  (Liv.  v.  25  ;  Isid.  Orig.  xx.  12)  ;  and  thai 
this  was  a  considerable  privilege  ia  evident  froo 
the  fisct,  that  the  use  of  carriagea  in  the  dty  was 
entirely  forbidden  during  the  whole  of  the  republic. 
The  privilege  of  riding  in  a  carpentom  in  die  public 
festivals,  was  sometimes  granted  as  a  special  pri- 
vilege to  females  of  the  imperial  fismily.  (Dioa 
Cass.  Ix.  22,  33;  Tac.  Ann,  xiL  42.)  The  fona 
of  this  carriage  is  seen  in  the  fdlowisg  meM 
struck  in  honour  of  the  elder  Agrippina  alter  her 
deuth. 


The  carpentum  was  also  uded  by  private  persons 
for  journeys  ;  and  it  was  likewise  a  kind  sf  itste 
carriage,  richly  adorned  and  ornamented.  (Pn>p-  i^' 
8.  23  ;  Juv.  viii.  147,  ix.  132.) 

This  carriage  contained  seats  for  two,  and  son^ 
times  for  three  persons,  besides  the  coachman.  (I^'f* 
L  34  ;  Medals.)  It  was  commonly  drawn  by  a  pair 
of  mules  (carpentum  muiare^  Lamprid.  HeUog.^); 
but  more  rarely  by  oxen  or  horses,  and  aomeme* 
by  four  horses  like  a  quadriga.  For  grsnd  ooa- 
sions  it  was  very  richly  adorned.  ^grippins*> 
carriage,  as  above  represented,  shows  paintinjr  ^ 
carving  on  the  panels,  and  the  head  is  supported 
by  Caryatides  at  the  four  comets. 

When  Caligula  instituted  games  and  other  so- 
lemnities in  honour  of  his  deceased  mother  Agrip- 
pina, her  carpentum  went  in  the  procession.  (SQct* 
Oaliff.  15.)  This  practice,  so  similar  to  onn  o' 
sending  carriages  to  a  fimeial,  is  evidently  alluded 
to  in  the  alto-rilievo  here  represented,  which  a 
preserved  in  the  British  Museum.  It  has  been 
taken  from  a  sarcophagus,  and  exhibits  s  do» 
carpentum  drawn  by  four  horses.  Mercuiy,  the 
conductor  of  ghosts  to  Hades,  appears  on  the  ft^^ 
and  Castor  and  Pollux  with  their  hones  on  tie 
side  panel 

Oirpenta,  or  covered  carts,  were  much  ued  by 


CARRUCA. 
A^  Britaia,  the  Gaala,  the  Cimbri,  the  AHobroges, 
and  aiher  northfm  natbns.     (Florua,  i.  18,  iii  2, 


CARYATIS 


94S 


X  and  10.)  These,  ttjgethcr  with  the  carts  of  the 
cure  common  fonn,  inclading  baggage- waggons, 
zpfwar  to  haTc  been  com|«ehended  under  the  term 
nsrri,  or  earrOy  which  is  the  Celtic  name  with  a 
Latin  termination.  The  Gauls  and  Helvetii 
took  a  great  moltitade  of  them  on  their  military 
erpeditioBs  ;  and,  when  they  were  encamped,  ar- 
ne^ed  them  in  cloee  order^  so  as  to  form  extensive 
lutts  ef  drmmTallation.  (Caea.  Bell,  GalL  i.  24, 
26,)  [J.  Y.] 

GARPOU  DIKE'  {KOfneov  5finj),a  civil  action 
Bader  the  jorisdiction  of  the  thesmothetae,  might 
he  institated  against  a  fieurmer  for  default  in  pay- 
Bmt  of  rent  (Meier,  Att.  Proe.  p.  531 .)  It  was 
also  adopted  to  enibroe  a  judicial  award  when  the 
BBiQccearfid  Uttgant  refused  to  surrender  the  land 
tohis  <^ipoiient  (Hudtwalcker,  p.  144  ;  Meier,  Att. 
Proe.  p.  750X  and  might  be  used  to  determine  the 
r%^t  to  land  (Harpocrat.  $.  v.^  and  Ouaias  Aikt;), 
Si  the  jodgmoit  would  determine  whether  the 
F^abtif  could  claim  rent  of  the  defendant.  [J.  S.  M.] 

CARRA'GO,  a  kind  of  fortification,  consisting 
cf  a  great  number  of  waggons  placed  round  an 
srmj.  It  was  employed  by  barbarous  nations,  as, 
fer  mstanee,  the  Scyfiiians  (TrebelL  PolL  Cfallien. 
13\  Gauls  [Carfcntum],  and  Goths  (Amm. 
Marc  xrxl  20).     Compare  Veget  iii  10. 

Csnago  also  signifies  sometimes  the  baggage  of 
•a  army.  (TrebclL  Poll  Chvd,  8 ;  Vopisc  Aure- 
fi«.ll.) 

CARRTJ'CA,  a  carriage,  the  name  of  which 
ooly  oooua  under  the  emperors.  It  appears  to 
^te  been  a  apecies  of  rheda  [Rhxoa],  whence 
Hsrtial  in  one  epigram  (iii  47)  uses  the  words  as 
fp^nymaoi.  It  had  fixnr  wheels,  and  was  used 
D  travelling.  Nero  is  said  never  to  have  travelled 
»jth  less  than  1000  carrucae.  (Suet.  Ner.  30.) 
Tkse  carriages  were  sometimes  used  in  Rome  by 
p^nons  of  distinction,  like  the  carpenta  [Car- 
^syrrif  3,  in  which  case  they  appear  to  have  been 
eorered  with  plates  of  bronze,  silver,  and  even  gold, 
vhich  were  sometimes  ornamented  with  embossed 
*«k.  Alexander  Severus  allow^  senators  at 
Rcoie  to  use  carrucae  and  rhedae  plated  with  silver 
(Lamprid.  Alex.  Sev.  43)  ;  and  Martial  (iii  72) 
ipeaks  of  an  mtreu  carruca  which  cost  the  value 
ftf  a  fsBTUL  We  have  no  representations  of  carriages 
B>  ancient  works  of  art  which  can  be  safely  said  to 
be  carrucae  ;  but  we  have  several  representations 
of  carriages  ornamented  with  plates  of  metal.  (See 
Inghirauni,  Momum.  Etrusck.  iii  1 8. 23 ;  Millingen, 
Uned.  Man.  ii  14.)  Carrucae  wer€'also  used  for 
cazrying  women,  and  were  then,  as  well,  perhaps, 
a  in  odier  cases,  drawn  by  mules  (IKg*  34.  tit  2. 


s.  13)  ;  whence  Ulpian  (Dig.  21.  tit  1.  f.  3a  §  R) 
speaks  of  nuJas  eamtcaria^ 

CARRUS.     [Carpbntum.] 

CA'RYA  orCARYATlS  (icop^  vapvarfr), 
a  festival  celebrated  at  Caryae,  in  Laconia,  in 
honour  of  Artemis  Caryatis.  (Hesych.s.v.  Ka^Oai,) 
It  was  celebrated  every  year  by  Lacedaemonian 
maidens  (KopvarfScs)  with  national  dances  of  a 
very  lively  kind  (Pans. iii  10.  §  8  ;  iv.  16.  §5 ;  Pol- 
lux, iv.  104),  and  with  solemn  hjrmna     [L.  S.] 

CARYATIS  (ropuSra),  pL  CARYATIDEa 
From  the  notices  and  testimonies  of  ancient  au- 
thors, we  may  gather  the  following  account : — That 
Caryae  was  a  city  in  Arcadia,  near  the  Laconian 
border;  that  its  inhabitants  joined  the  Persians 
afler  the  battle  of  Thermopylae  (Herod,  viii  26  ; 
Vitruv.  i  1.  §  5) ;  that  on  the  defeat  of  the  Persians 
the  allied  Greeks  destroyed  the  town,  slew  the 
men,  and  led  the  women  into  captivity  ;  and  that, 
as  male  figures  representing  Persians  were  after- 
wards employed  with  an  historical  reference  instead 
of  columns  in  architecture  [Atlantis  ;  Prrsax], 
so  Praxiteles  and  other  Athenian  artists  employed 
female  figures  for  the  same  purpose,  inten^ng 
them  to  express  the  garb,  and  to  commemorate  the 
disgrace  of  the  Caryatides,  or  women  of  Caryae. 
(Vitruv.  L  c  ;  Pliu.  H.  N.  xxxvi  45  and  11.) 
Figures  of  Caryatides  are  exceedmgly  common  in 
the  remains  of  ancient  architecture.  The  following 
specimen  is  taken  from  MUller^s  DenktHoUr  der 
alten  Kumi. 


After  the  subjugation  of  the  Caryatae,  their 
territory  became  part  of  Laconia.  The  fortress 
(X»/>(or,  Steph.  Byz.)  had  been  consecrated  to 
Artemis  {Diana  Caryatis^  Serv.  in  Vtrp.  EcL  viii, 
30),  whose  image  was  in  the  open  air,  and  at  whose 
annual  festival  (KopwaTij  ioprH\^  Hesych.)  the  La- 
conian virgins  continued,  as  before,  to  perform  a 
dance  of  a  peculiar  kind,  the  execution  of  which 
was  called  Kopvaniiniv.  (Paus.  iii  10.  §  8  ;  iv.  16, 
§  6 ;  Lucian,  De  Soli.)  [J.  Y.] 

R  2 


2U 


CASTRA. 


CASSia     [Oalxa  ;  RxTE.] 

CASTELLUM  AQUAE.    [Aquaeductus.] 

CASTRA.  It  is  well  known  that  Roman 
armies  never  halted  for  a  single  night  without 
forming  a  regular  entrenchment,  termed  oastra^ 
capable  of  receiving  within  its  limits  the  whole 
body  of  fighting  men,  their  beasts  of  burden,  and 
the  baggage.  So  essential  was  this  operation  con- 
sidered, that  even  when  prepanng  for  an  inunediate 
engagement,  or  when  actually  assailed  by  a  hostile 
force,  it  was  never  omitted,  but  a  portion  of  the 
soldiers  were  employed  in  constructing  the  neces- 
sary works,  while  the  remainder  were  standing  to 
their  arms  or  resisting  the  enemy :  and  so  com- 
pletely was  it  recognised  as  a  part  of  the  ordinary 
duties  of  each  march,  that  pervenire  ad  locum  Ur- 
His .  . .  quartis  .  .  .  septuagedmu  eastrit  are  the 
established  phrases  for  expressing  the  number  of 
days  occupied  in  passing  from  one  point  to  another. 
Whenever  circumstances  rendered  it  expedient  for 
a  force  to  occupy  the  same  ground  for  any  length 
of  time,  then  the  encampment  was  distinguished 
as  c€utra  stativa.  (Liv.  xxvii.  12  ;  Caes.  B.  G. 
viii.  15,  B.  a  i.  42  ;  Hirt.  B.  Af.  61,  B,  Al.  74.) 

When  the  protracted  and  distant  wars  in  which 
the  republic  became  engaged,  as  its  sway  was 
gradually  extended  first  over  the  whole  of  Italy, 
and  subsequently  over  Greece,  Asia,  and  Afirica, 
rendered  it  impossible  for  the  legions  to  return 
home  in  winter,  they  usually  retired  during  the 
months  when  active  military  operations  were  sus- 
pended, into  some  city  where  they  could  be  pro- 
tected from  the  inclemency  of  the  season,  and 
where  the  comforts  of  the  men  could  be  readily 
secured  ;  or  they  were  disponed  up  and  down  in 
detachments  among  friendly  villages  {in  kibema 
toncedere ;  arercitum  in  hibema  dimittere ;  tatw- 
ciium  per  dvitatcs  in  hibema  dividere).  It  is  true 
that  extraordinary  emergencies,  such  as  a  protracted 
blockade,  or  the  necessity  of  maintaining  a  constant 
watch  upon  the  movements  of  a  neighbouring  and 
vigorous  foe,  miffht  compel  a  commander  to  keep 
the  field  for  a  «-hole  year  or  even  longer,  but  to 
order  an  army,  except  in  case  of  necessity,  to  winter 
under  canvass  (hiemare  tub  peUUnts  ;  hiemem  ttd) 
tentoriit  eaeigere)  was  long  regarded  as  a  severe 
punishment,  inflicted  only  in  consequence  of  grievous 
misconduct.  (Frontin.  Strat,  iv.  1.  §  24.)  As 
the  boundaries  of  the  empire  were  gradually  pushed 
forward  into  wild  and  barbarian  lands,  where  there 
were  no  large  towns  and  no  tribes  on  whose  &ith 
reliance  could  be  placed,  such  arrangements  became 
impracticable,  and  armies,  whether  of  invasion  or 
occupation,  were  forced  to  remain  constantly  in 
camps.  They  usually,  however,  occupied  different 
ground  in  summer  and  in  winter,  whence  arose  the 
distinction  between  castra  aettiva  and  eastra  hi- 
bem<if  both  alike  being  statitM.  Such  posts  were 
frequently,  if  situated  advantageously,  garrisoned 
permanently  ;  and  the  peaceful  natives  who  sought 
to  enrich  themselves  by  trading  with  their  con- 
querors, settled  for  security  in  the  immediate  vi- 
cinity. (Caes.  B.  G.  vL  37.)  Thus  in  the  distant 
provinces,  these  forts  formed  a  centre  round  which 
a  numerous  population  gradually  clustered  ;  and 
many  important  towns,  still  existing  in  our  own 
country,  indicate  their  origin  by  the  termination 
diester. 

But  whether  a  camp  was  temporary  or  perma- 
nent, whether  tenanted  in  siunmer  or  in  winter, 
the  main  features  of  the  work  were  always  the 


CASTRA. 

same  for  the  same  epoch.  In  hibema,  hnti  of 
turf  or  stone  would  be  substituted  for  the  open 
tents  of  the  aestiva  (hence  aadifioan  hibena\  and 
in  stativa  held  for  long  periods  the  defences  wooid 
present  a  more  substantial  and  finished  aspect,  bat 
the  general  outline  and  disposition  of  the  pans 
were  invariable :  a  camp  was  Udd  down,  arranged 
and  fortified  according  to  a  fixed  and  well-knovB 
plan,  modified  only  by  the  numbers  for  whom  it 
was  required  to  provide  accommodation,  bat  alto- 
gether independent  of  the  nature  of  the  groand  or 
of  the  fimcy  of  the  general,  so  that  each  battalion, 
each  company,  and  each  individual,  had  a  place 
assigned  to  which  they  could  at  once  rqiair  without 
order,  question,  delay,  or  confusion. 

At  what  period  the  practice  of  throwing  up 
elaborate  field-worics  for  the  protection  of  an  annj 
engaged  in  active  service  was  first  commenoed  by 
the  Romans,  it  is  impossible  to  determine  ;  but  ve 
may  safely  conclude  that,  like  all  other  parts  of 
their  military  tactics,  it  was  matured  by  a  slow  and 
gradual  process.      Livy  and   Dionysius,  indeed, 
would  lead  us  to  suppose  that  regular  camps  existed 
from  the  most  remote  epoch  to  which  their  annals 
extend  ;  but  the  Ungnage  of  these  historians  is  in 
general  so  loose  upon  all  matters  of  antiquarian  re- 
search, and  they  are  so  much  in  the  habit  of  trans- 
ferring to  the  earliest  ages  the  usages  of  their  own 
contemporaries,  that  no  safe   inference  regarding 
points  of  this  nature  can  be  drawn  from  their  wonk 
Frontinus,  on  the  other  hand,  dechires  that  the 
idea  of  a  fortified  enclosure,  calculated  to  contain  a 
whole  arm}',  was  first  suggested  to  the  Romans  by 
the  camp  of  Pyrrhus,  which  they  captured  near 
Beneventum  ;  but  the  statements  of  this  aathor 
have  never  been  deemed  to  possess  much  weight, 
and  in  this  particular  instance  many  considerations 
preclude  us  from  admitting  his  testimony  as  credible. 
It  is  evident,  however,  from  the  £acts  detailed  in 
the  article  Exercitus  that  a  camp,  sucii  as  the 
earliest  of  those  of  which  we  possess  any  detailed 
account,  could  not  have  assumed  that  shape  until 
the  tactica  of  the  phalanx  were  superseded  bj  ^t 
manipular  divisions ;  and  it  may  be  held  as  certain 
that  each  of  the  great  wars  in  which  the  Conunon- 
wealth  was  successively  engaged  for  more  tban  a 
century — with  the  Samnites,  vrith  Pyirhus,  with  the 
Cisalpine  Gauls,  and  with  the  Carthaginians,  most 
have  led  to  a  series  of  improvements.    The  sjatem 
was  probably  brought  to  perfection  in  the  cam- 
paigns against  Hannibal,  and  underwent  no  ma- 
terial altemtion  until  the  oi|[anic  changes  in  tbe 
constitution  of  the  army,  which  took  phice  not  long 
before  the  downfal  of  the  constitution,  during  the 
civil  broils,  and  under  the  earlier  emperors,  rendered 
a  corresponding  change  in  the  internal  economy  of 
the  camp  unavoidable.     Hence,  although  it  would 
be  at  once  vain  and  unprofitable  to  attempt  an  m- 
vestigation  of  the  various  changes  through  which  a 
Roman  camp  passed  before  it  assumed  what  may 
be  called  iu  normal  shape,  it  is  evidently  absolutely 
necessary  for  all  who  desire  to  obtain  even  a  slight 
knowledge  of  the  Roman  art  of  war,  to  make  them- 
selves acquainted  with  this  important  fcatore  m 
their  system  during  the  best  days  of  the  republic 
and  the  empire.     And  fortunately  the  records  (J 
antiquity  enable  us  to  supply  such  information  wiu 
considerable  minuteness.     Poly  bins,  the  friend  »nd 
companion  of  the  younger  Scipio,  has  transmitiw 
to  us  a  description  of  a  Roman  camp,  such  as  he 
must  have  often  seen  with  his  own  eyes,  and  acer* 


trdmxaJ  i 


CASTRA. 

tuB  Hjgmaii  ft  pramaiiau  or  land  mrvejor,  who 
ioBtkhed  mder  Timjan  and  Hadrian,  haa  left  na  a 
emoa'  od  the  ait  of  caatnuDetation  as 
]iv  own  day.  To  these  some  might 
fed  indzaed  to  add  the  remarics  of  Vegetias,  who 
lived  dsriag  the  ieig:n  of  Valentinian,  but  for 
resaooa  whkii  aie  stated  elsewhere  [Exxrcitvs] 
it  wiQ  be  man  aale  to  neglect  him  altogether. 
We  shall  praoeed  to  describe  these  two  camps 
J  it  bemg  anderetood  that  the  leading 
( with  zegud  to  the  fint  are  taken  di- 


CASTRA.  2JS 

rpctly  from  Polybius,  and  those  with  regard  to  the 
second,  from  Hyginus,  nnless  when  the  oontFRrr  is 
distinctly  indicated.  Bat  while  we  endeavour  td 
explain  dearly  all  the  parts  of  the  camps  themselves, 
we  must  refer  to  the  article  ExsaciTus  for  every- 
thing that  concerns  the  different  kinds  of  troops, 
their  divisions,  their  discipline,  and  their  officers 

I.  Camp  of  PoLTBiua 

The  camp  described  by  Pdybios  is  such  as 
would  he  fonned  at  the  dose  of  an  lurdinaiy  day^ 


(Fig.  1.) 


1 

Ai 

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246 


CASTRA. 


inareh  by  a  regular  consular  army  consisting  of  two 
Romaii  legions  with  the  full  contingent  of  Socii. 
Each  legion  is  calculated  at  4200  tnfiintry  and  300 
cavalry,  the  Socii  furnished  an  equal  number  of 
infiintry  and  twice  as  many  cavalry,  so  that  the 
whole  force  would  amount  to  16,800  foot  and  1800 
hone. 

Choice  of  ths  Ground.  —  Although,  as  stated 
above,  the  general  outline,  the  defences,  and  the 
internal  economy  of  a  camp  were  altogether  inde- 
pendent of  the  nature  of  the  ground,  yet  great 
importance  was  attached  to  the  choice  of  a  fitting 
situation  which  should  admit  of  being  readily  laid 
out  in  the  required  form,  which  should  afford  no 
fiicilities  for  attack  or  annoyance,  which  should  be 
convenient  for  procuring  wood,  water,  and  forage, 
and  which  the  army  might  enter  and  quit  without 
danger  of  surprise.  Skill  in  the  selection  of  such 
a  spot  {aapere  locum  castris)  was  ever  considered  as 
a  high  quality  in  a  general,  and  we  find  it  recorded 
among  the  praises  of  the  most  renowned  com- 
manders that  they  were  wont  in  person  to  perform 
this  duty  (e.g.  Liv.  ix.  17,  xxxv.  14,  28 ;  Tacit 
/list,  ii.  5,  Agric.  20  ;  corop.  Quintil.  /.  O.  xii  3. 
§  5).  Under  ordinary  circumstances,  however,  the 
task  was  devolved  upon  one  of  the  military  tribunes, 
and  a  certain  number  of  centurions  appointed  from 
time  to  time  for  the  purpose.  These  having  gone 
forward  in  advance  of  the  army  until  they  reached 
the  place  near  which  it  was  intended  to  halt,  and 
having  taken  a  general  survey  of  the  ground,  se- 
lected a  spot  from  whence  a  good  view  of  the  whole 
proposed  nrea  might  be  obtained,  that  spot  being 
considerably  within  the  limits  of  the  contemplated 
enclosure. 

Construction,  —  The  spot  answering  these  con- 
ditions and  which  we  shall  call  A  (fig.  1.)  was 
marked  by  a  small  white  fla^.  The  next  object 
was  to  ascertain  in  what  direction  water  and  fodder 
might  be  most  easily  and  securely  provided  — 
this  direction  we  indicate  by  the  arrow  in  the  sub- 
joined figure.  Upon  the  position  of  A  and  the 
direction  of  the  arrow  depended  the  disposition  of 
all  the  other  parts  of  the  work  ;  for  these  two  pre- 
liminary points  being  decided,  the  business  of  mea- 
suring out  the  ground  (mctari  oastra)  commenced, 
and  was  executed,  as  we  learn  from  various  sources, 
with  graduated  rods  {decempedae)  by  persons  de- 
nominated metaiores.  The  different  steps  of  the 
process  may  be  most  briefly  and  distinctly  set 
down  in  the  ordinary  language  of  a  geometrical 
construction. 

Through  A  draw  a  straight  line  Aq  Aj,  parallel 
to  the  direction  of  the  arrow,  a  straight  line  B^  B^ 
at  right  angles  to  Aq  Aj.  These  two  straight 
lines  Ao  A,»  and  B^  B.,  served  as  the  bases  by 
which  the  position  of  all  the  different  divisions  of 
the  camp  were  determined. 

Along  A  Ao  set  off  A  Aj  ==  1 00  feet ;  A^  A^ 
=  60  feet ;  A^  A^  ;  A^  A,  ;  A.  A,  ;  A,  A,  ; 
A,  A, ;  A-.  Aio  each=  100  feet ;  A,o  Aj ^  =  60 
feet;  A^j  A^,,  ;  A,,  A^^  ;  Aja  A■^^\  A^^A■^^^\ 
A, 5  A,,  each  =  100  feet;  A,,  A,, =200  feet. 

Along  A  A,  set  off  A  Aj;  A3  Aig,each=100 
feet;  Aj.  A,, =  167  feet;  A,,  A, «= 200  feet 

Through  A«  ;  A^  ;  A^  ;  A^ ;  Aj- ;  Aj,  ;  A,,  ; 
A,o  draw  Co  C, ;  DoD^ ;  Eo  E,  ;  F^  F^ ;  G^Gj  ; 
Ho  Hi ;  KoK,  ;  LqLi  straight  lines  parallel  to 
Bo  B^,  and  in  like  manner  draw  through  A^;  A,; 
,  .  .  .  A10  straight  lines  parallel  to  Bq  B^,  as 
marked  in  the  figure. 


CASTRA. 

On  Bo  B,  make  A  B,  ;  A  B,  eacb»IOO  fret. 
Through  B,  and  B,  draw  straight  lines  ponllei  tc 
Ao  A,  cutting  Co  C,  in  C,  and  C,,  and  cutting 
Do  D.  in  D,  and  D, ;  in  this  manner  a  square 
area  C,  C,  D,  D,  is  determined,  each  side  of 
which  s  200  feet 

Along  A^Fo  set  off  A«P  =  26  feet;  PQ  = 
100  feet;  QR=60feet;  RS  =  60feet:ST 
=  100  feet;  TV=100  feet;  V  W  =  50  feet  ; 
WX  =  133^feet;  X  Y=200  feet;  YZ=200 
feet 

Along  A.Fj  setoffA,P';FQ';Q'R' 

Y'Z',  equJ  respectively  to  A.  P ;  PQ;    Q  R; 
YZ. 

Through  Z  Z'  draw  straight  lines  parallel  to 
Ao  Aj,  cutting  Go  Gj  in  z  and  %\  and  cutting  L^ 
Lj  in  0  and  0'.  The  square  area  0  O'  z'  z  thus 
determined  was  the  camp. 

Again,  through  P  ;  Q ;  R .  • . .  Y,  and  throujfh 

P' ;  Q' ;  R' Y'  draw  straight  lines  parallel  to 

Ao  A,,  cutting  the  parallels  to  Bq  B,  in  the  points 
marked  in  the  figure. 

Finally, on  Ho  H,  lay  off  A, ,  H,  and  A, ,  H^ 
each  =  25  feet,  and  through  H,  ;  H.;  <lraw 
straight  lines  parallel  to  Aq  Aj,  cutting  K^  K ,  in 
Kg  and  K^. 

This  construction  being  completed  we  now  pro 
ceed  to  explain  the  arrangement  of  the  different 
parts  refcrrmg  to  figure  2,  in  which  the  lines  no 
longer  necessary  are  obliterated,  the  spaces  occu- 
pied by  the  troops  or  officers  endos^  by  dark 
lines,  and  the  streets  (vuie)  distinctly  laid  down. 
In  practice  the  most  important  points  were  marked 
by  white  poles,  some  of  which  bore  flags  of  tbHous 
colours,  so  that  the  different  battalions  on  reaching 
the  ground  could  at  once  discover  the  place  as- 
signed to  them. 

The  white  flag  A,  which  served  as  the  starting 
point  of  the  whole  construction,  marked  the  poaitiou 
of  the  consul's  tent,  or  jtraetorium^  so  called  became 
praetor  was  the  ancient  term  for  any  one  invested 
with  supreme  command.  The  square  area  C^  D, 
was  left  open  extending,  as  we  have  seen,  a  hun- 
dred feet  each  way  from  the  praetorinm.  That 
portion  of  the  camp  which  lay  in  the  direction  of 
the  arrow  (irp^r  r^v  ixrhs  ivipdiftuaf)  firom  the 
line  Eo  E^  (fig.  1)  was  termed  the  front  or  fore- 
part of  the  camp  (rod  vamhs  irx^^ueros  Kojk 
xp6(rtnroy). 

The  number  of  legions  bejng  two  and  the  num- 
ber of  tribunes  in  each  being  six,  their  tents  were 
arranged  six  and  six  at  equal  distances  along  the 
line  £0  Ej  (fig.  I)  exactly  opposite  to  and  lookioi^ 
towards  the  legions  to  which  they  belonged.  Hence, 
as  will  be  seen  from  what  follows,  they  did  not 
extend  beyond  the  points  Eg  and  E^,  but  whether 
they  were  distributed  at  equal  distances  along  the 
whole  of  the  line  E,  E4,  or  whether  the  space  in 
front  of  the  praetorium  was  left  vacant,  as  in  our 
figure,  as  seems  most  probable,  may  admit  of  doubt 
The  space  of  fifty  feet  bcluded  between  the  pa- 
rallels Co  C,  and  Eo  E^  (fig.  1),  immediately  be- 
hind the  tents  of  the  tribunes,  was  appropriated 
to  their  horses,  beasts  of  burden  and  baggage. 

The  ten  areas  marked  1  were  set  apart  for  the 
cavalry  of  one  legion,  and  the  corresponding  tea 
areas  marked  1'  for  the  cavalry  of  the  other  legion. 
These  all  faced  towards  the  street  P  P',  and  each 
area,  containing  a  space  of  10,000  square  feet, 
was  allotted  to  one  turma  or  troop  of  30  dragooas, 
with  their  horses  and  baggage. 


CASTRA. 


CASTRA* 


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(Fig.  2.) 
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VIA  QUIBIANA 


PORTA  OCCUUAhA 
^^^   £0    ..... 


Bid  to  lock  with  tlie  caralry,  and  looking  out 
%pw  tke  ttreeto  R  S,  R'  S',  the  Txiarii  of  the 
tvD  kgims  were  quartered  in  the  areas  2  and  2'. 
£>eii  area  eontained  5000 .0<inare  feet,  and  was 
>Octted  to  a  maniple  of  60  men  ;  hence,  according 
u  the  calcolstion  here  followed,  a  dragoon  and 
bis  bone  wefe  allowed  as  mnch  space  as  4  foot 

In  the  aieaa  nuaked  8  and  3'  facing  the  Triarii 
*m  quartered  the  princtpes  of  the  two  lemons  ; 
aeh  of  these  areas  eontained  10,000  square  feet, 
u^  wu  alloCted  to  a  maniple  of  two  centuries, 
t^  is,  120  men. 

In  the  anas  marked  4  and  4',  iMusk  to  hack 
^  the  prmapea,  and  looking  out  upon  the 
anettVW,  V  W,  were  quartered  the  Hastati 
«f  tlie  two  legioDB,  the  number  of  men  being  the 
"'Btu  m  the  Principes,  and  an  equal  space  being 
a^medtothem. 

'King  the  legionaij  Hastati,  in  the  areas 
Kvkfed  5  and  6',  were  the  caval^  of  the  allies. 


The  total  number  was  600  to  each  legion,  but  of 
these  I  or  200  were  separated  under  tne  name  of 
extraordinariif  and  quartered  in  a  different  part  of 
the  camp.  Consequently,  each  of  the  spaces  5  and 
5'  was  calculated  to  accommodate  40  dragoons  with 
their  horses  ;  and  allowing  them  the  same  space 
as  the  legionary  cavalry,  each  of  these  areas  must' 
have  contained  somewhat  more  than  13,333  square 
feet 

Back  to  back  with  the  cavalry  of  the  allies,  and 
looking  towards  the  rampart  which  en^osed  the 
camp,  the  infantry  of  the  allies  were  quartered  in 
the  areas  marked  6  and  6^.  The  total  number 
was  3000  for  each  legion,  but  of  these  \  or  600 
were  separated  as  eairaordinarn  and  quartered  in 
a  different  part  of  the  camp.  Hence  there  would 
remain  2400,  or  240  for  each  of  the  spaces  6  and  6', 
and  these  accordingly  contained  20,000  square 
feet 

The  open  space  immediately  behind  the  tents 
and  baggage  of  the  tribunes,  extending  to  Ae  right 
R  4 


24B 


CASTRA. 


and  left  of  the  space  allotted  to  the  general,  was  as- 
signed on  one  side  to  a  fonim,  and  on  the  other,  to 
the  quaestor  and  his  department  (r^  re  rofii^  leal 
reus  Sfia  roirtfi  x'^f^^^^)'  These  are  marked  7 
and  8,  bat  we  are  not  Ibid  on  which  side  they  re- 
spectirelj  stood. 

Still  farther  to  the  right  and  left  of  the  praeto- 
rium  in  9,  10,  and  9',  10',  looking  respectively  to- 
wards the  forum  and  the  quaestorium,  were  a 
body  of  cavalry,  selected  from  the  extraordinarii 
equites  {ol  r&v  hriKiieTw  lwir4«»v  iir6KtKToi\  and 
a  body  of  cavalry  serving  as  volunteers  out  of  com- 
pliment to  the  general  (xcd  rives  r&v  iBeXovTffihv 
ffrparevofiiyw  rp  r&v  {nrdriov  x*^''''i),  analogous, 
probably,  to  the  EroeaH  of  later  times.  Back  to 
back  with  these,  looking  towards  the  rampart,  in 
11, 12  and  iV  12',  were  quartered  the  foot-soldiers' 
belonging  to  the  same  classes  as  the  cavalry  just 
named.  On  the  march,  these  troops  were  always 
near  the  person  of  the  consul  and  of  the  quaestor, 
and  served  as  a  sort  of  body-giuird  to  them.  Their 
number  is  nowhere  specified,  and  hence  the  exact 
space  required  for  th«ir  accommodation  ciumot  be 
determined. 

In  13  and  13',  looking  towards  the  quaestorium, 
praetorium,  and  forum,  were  quartered  the  re- 
mainder of  the  extraordinarii  equites.  Back  to 
back  with  these,  facing  the  ramparts  in  14  and  14', 
were  the  remainder  of  the  extraordinarii  peditea. 
The  spaces  marked  15,  15'  on  the  flanks  of  13,  14, 
13',  14',  were  assigned  to  foreign  troops  or  to  allies 
not  included  in  the  regular  contingent,  who  might 
chance  to  be  present  (rois  &\Ao^^Aoif  leai  roTs  4k 
rov  Kcupov  vpoaytyyofjJvois  avfifuixots). 

The  form  of  the  camp  was  an  exact  square  (rerpd- 
ywo¥  laiir\%upov\  the  length  of  each  side  being 
2017  Roman  feet 

The  clear  space  between  the  ramparts  and  the 
tents  (interveUlum)  was  200  feet,  and  this  was  of 
the  greatest  service  in  fiicilitating  the  marching  in 
and  out  of  the  soldiers  without  crowding  or  confu- 
sion. Here,  also,  cattle  and  other  booty  were  kept 
and  guarded  ;  and  the  breadth  was  sufficient  to 
prevent  any  ordinary  missile  or  fire-brand  hurled 
into  the  camp  from  doing  serious  injiuy. 

The  principal  street,  stretching  right  across  in 
front  of  the  tents  of  the  tribunes,  was  1 00  feet 
wide  and  was  named  Prineipia.  It  will  be  ob- 
served that  the  lengthened  lines  of  the  ten  turmae 
and  manipnli  in  each  division  is  intersected  at  the 
termination  of  the  first  five  by  a  road  fifty  feet 
wide,  called  the  Via  QfdtUana,  The  position  of 
tne  remaining  five  viae  in  the  fore-part  of  the 
camp,  all  of  which  intersect  the  Via  Quintana  at 
right  angles,  will  be  understood  at  once  by  in- 
specting the  phin,  the  width  of  each  being  50  feet 

When  two  consular  armies  encamped  together 
within  the  same  rampart,  two  ordinary  camps  were, 
it  may  be  said,  applied  to  each  other  at  the  ends 
nearest  to  their  respective  praetoria.  The  two  prae- 
toria  faced  in  opposite  directions,  and  the  l^ions  of 
the  two  consuls  stretched  their  lines  in  nont  of 
each  praetorium,  so  that  the  figure  of  the  camp  was 
now  no  longer  a  square,  but  a  rectangle,  whose 
length  was  twice  that  of  an  ordinary  camp,  the 
breadth  being  the  same. 

Although  the  words  of  Polybius  are,  as  a  whole, 
so  full  and  clear  that  we  can  have  little  difficulty 
in  forming  a  distinct  conception  of  the  camp  which 
he  describes  and  in  delineating  the  different  ports,  it 
must  not  be  concealed  that  he  has  altogether  passed 


CASTRA. 
over  many  important  points  oo  which   we   alionld 
desire  information,  and  that  occasionally  lua  lan- 
guage is  not  entirely  fi«e  from  ambiguity. 

Under  the  head  of  omissions,  we  mvut  note  — 

1.  The  absence  of  all  information  with  regard 
to  the  manner  in  which  the  Velites  were  dispoaed 
of.  These,  at  the  time  when  Polybius  wrote, 
amounted  to  1200,  or,  at  the  lowest  oomputation, 
to  1000  for  each  legion ;  and  taking  the  same 
number  for  the  contingent  of  the  Socii,  w^e  shall 
thus  have  a  body  of  at  least  4000  men  unprovided 
for.  It  is  true  that  he  subsequently  states,  in  a 
passage  which  we  quote  below,  that  the  -relitrs 
kept  gaard  by  night  and  by  day  along  the  whole 
extent  of  the  rampart,  and  dbat  they  were  stationed 
in  bodies  of  ten  to  watch  the  gates.  Henoe  some 
have  supposed  that  the  light-armed  troops  always 
bivouacked  outside  the  camp  ;  others,  that  they 
occupied  the  intervallum  ;  others,  that,  jost  as  in 
the  line  of  battle,  they  did  not  form  a  distinct 
corps,  but  were  distributed  among  the  hastati, 
principes,  and  triarii,  according  to  a  given  ratio,  so 
in  like  manner  they  were,  in  the  camp,  quartered 
along  with  those  divisions  to  which  they  were  at- 
tached in  the  field.  The  velites  ceased  to  farm 
a  portion  of  the  legion  about  the  time  of  Mariaa, 
and  consequently  the  later  Roman  writers  throw  no 
light  upon  the  question.  It  is  remarkahle,  aim, 
that  while  Polybius  passes  them  over  completely  in 
the  internal  arrangements  of  his  camp,  so  also  he 
takes  no  notice  whatsoever  of  them  when  describing 
the  offmen  or  the  order  of  mareh  in  which  an  army 
usually  advanced. 

2.  No  mention  is  made  of  the  leffoH.  Lipsim, 
in  his  plan  of  a  Roman  camp  after  Polybius,  assigns 
to  them  a  compartment  next  to  the  praetorium  on 
the  side  opposite  to  that  where  the  quaestorium 
stood ;  but  this  is  merely  a  conjecture. 

3.  The  pra^ecti  todorum  likewise  are  passed 
over.  Since  they  corresponded  among  the  troops 
of  the  allies  to  the  tribuni  in  the  legions,  it  seems 
highly  probable  that  their  tents  were  ranged  along 
a  prolongation  of  the  line  on  which  the  latter  stood, 
and  thus  they  also  would  be  placed  immediately 
opposite  to  and  looking  towards  the  soldiers  under 
their  immediate  command. 

4.  The  number  of  tents  allowed  to  each  maniple 
or  century  is  nowhere  stated,  and  consequently 
the  number  of  men  in  each  tent  is  unknown,  nor 
are  we  very  distinctly  told  how  the  centurions  and 
other  officers  of  the  infiintxy'and  cavalry  inferior  to 
the  tribunes  were  provided  for  ;  it  is  menly  said 
that  the  ra({apxo(  in  each  maniple  took  the  first 
tents  on  each  side,  that  is,  probably,  at  each  end 
of  the  row  which  held  one  maniple. 

5.  With  regard  to  the  fortifications  of  the  camp 
it  is  stated  that  the  digging  of  the  ditch  (ro^yicia) 
and  the  formation  of  the  rampart  (xapewos-ofla) 
upon  two  sides  of  the  camp  was  assigned  to  the 
socii,  each  division  taking  that  side  along  which  it 
was  quartered ;  while  the  two  remainuig  sides 
were  in  like  manner  completed  by  the  legionaries, 
one  by  each  legion.  The  work  upon  each  side 
was  portioned  out  among  the  maniples,  the  cen- 
turions acted  as  inspectors  of  the  tasks  performed 
by  their  respective  companies,  and  the  general 
superintendence  was  undertaken  by  two  of  the 
tribunes.  The  nature  and  the  dunensions  of  the 
defences  are  not,  however,  specified.  These  con- 
sisted of  a  ditch  {/bna),  the  earth  from  which  was 
thrown  inwards,  and  formed,  along  with  turf  aad 


CASTRA. 
stoDM^  into  a  VMond  (agper%  on  the  summit  of 
vhjdi  a  strong  palisade  of  wooden  stake*  (miAv, 
r9l*£)  ««s  fixed  fonning  the  nunptut  (  Va/ium  s. 
r<s&s — x4p^  ^«  can  scarcely  donbt  that 
the  depih  of  the  ditch,  together  with  the  height 
and  bradth  of  the  aggec»  were,  imder  ordinary 
cliqiuiataacea,  fixed;  but  the  measnranents  in- 
cidentally mentioned  in  isolated  passages  do  not 
perfectly  aoead  with  each  other.  Among  the 
worica  at  Dynfaachhua  (Gaes.  B,  C.  iii  63)  we 
read  of  a  ditch  15  feet  deept,  and  a  Talium  10  feet 
ki^  and  10  feet  broad ;  in  the  war  against  the 
BeOoTw  aad  other  Gaulish  tribes  we  find  Caesar 
(B,  G.  vSL  9)  fefftifyiag  his  camp  with  a  double 
d'tch^  15  feet  deqs  with  perpendicular  sides 
{direeA  kienbms)^  and  a  Talium  12  feet  high,  on 
the  tap  of  which  was  a  fanast-worfc  (Jonada)  and 
csEBOMB  towers  three  stones  high  connected  with 
och  other  by  hridgea,  the  sides  of  these  bridges 
next  to  the  enemy  being  protected  by  a  breast- 
TOfc  of  feadnea  {vimmm  lonaUa).  Both  of  these, 
hoverer,  aa  wdl  as  serenl  others  which  we  might 
fBote,  most  he  regarded  as  special  cases.  The 
pcactioe  of  a  later  period  is,  as  we  shall  see  below, 
man  cleariy  defined  by  Hyginns  and  others. 

6,  Neither  the  number  nor  the  names  of  the 

t^aeagi  in  the  Tallnm  are  giTon.      We  have 

sbsBdant  evidence  to  proTe  that  there  were  four : 

—  (1)  PW*i  Pnme^mUs  deaira  and   (2)  Potia 

Fnaeipalis  nauira  at  the  two  extremities  of  the 

vide  street  called  Prmdpia  ;  (3)  Porta  Praetoria 

B.  firtrauftfsiorig,  so  called  from  being  situated  on 

that  ado  of  die  camp  nearest  to  the  praehrimm 

sol  ia  the  immediate  Ticinity  of  the  quarters  of 

tbe  eglnofdmaru  ;  (4)  Porta  DeattmauL,  so  called 

fnm  beiqg  sitnated  on  that  end  where  the  tenth 

ten&se  and  tenth  maniples  in  each  division  were 

f^rtcRd.  Thia  gate  waa  also  called  Porta  Qaoo^- 

tvM,  ia  cunseqaence,  it  would  seem,  of  the  Q"0es- 

ttriMm  and  the  Forum  baring  been  at  one  ^e 

fboed  ia  ita  lidnity,  and  here  unquestionably 

itood  tke  Qmmeatorimm  in  the  camp  of  Hyginus,  as 

«e  ifaaD  see  below.     Festns  likewise  has  the  gloss 

'*t>i'sllsBM  appeOatnr  porta  in  castris  post  p»eto> 

ram,  abi  reram  utensilium  ferum  sit,**  and  from 

Qaataaa  m  the  senae  of  Forum  comes  the  modem 

C^ntftM.    The  peiplexity  caused  by  these  state- 

BMnu  htt  induced  aome  critics  to  rcTene  the  posi- 

tK«  of  the  Porta  Praetoria  and  the  Porta  Do- 

amma  as  maiked  in  our  plan ;  but  this  alteiation 

▼in  give  rise  to  difficulties  sitU  more  serious,  as 

Bar  be  seen  from  consulting  Polybius  and  the 

SBtkrities  refeired  to  at  the  end  of  this  paragr^h; 

fer  we  find  it  expressly  stated  that  the  Porta  Do- 

aaoas  was  on  that  side  of  the  camp  most  remote 

&in  the  enemy  {aba  iayo  eadrormm  ;  averrn  ca»- 

fnrni;  ifusinwiT  wuunmo  peUbatar  aiotraa  ko9ti 

dfwgiad3mM  imiior\  leading  out,  as  will  be  seen 

fzoa  tbe  constznctioo,  in  the  dirwdon  from  which 

vood,  water,  and  other  necessaiy  supplies  would 

W  oMst  canhr  and  securely  pconded.    (LiT.  xL 

27,  ill  5,  z.  32,  zxxiT.  47 ;  Tacit  ^an.  L  66^  ir. 

30;  Fcrtas,«.  vo.  Praetoria  porta^  Prme^xUie^ 

(^itiima;  Sueton.  Ner.  26.) 

We  caa  scarcely  doubt  that  the  Portae  must 
kre  bceo  always  defended  by  barriers  of  some 
kind ;  Wt  when  special  precautions  were  required 
tkej  were  doaed  by  regular  gates  defended  by 
tram  (povits/MVff  o^Ubraigae  terrw  mjwmitt,  C^wa 
Aariild). 
7.  Ia  which  direction  did  the  Ptaetorinm  fece? 


CASTllA. 


*249 


towards  the  Porta  Praetoria  or  towards  (he  li^giona 
and  the  Port%  Decumana  ?  On  the  reply  to  this 
question,  which  can  be  answered  from  conjecture 
only,  depends  the  solution  of  the  problem  as  to 
whidi  was  the  Porta  Principalis  deetra  and  the 
P.  P.  smtjfra.  In  like  manner  we  cannot  ascertain 
on  which  side  of  the  Piaetorinm  the  Quaestorinm 
was  placed.  But  these  are  matters  of  small  moment. 

The  above  are  the  most  important  omissions  in 
the  description  of  PolybiusL  Our  limiu  will  not 
pennit  us  to  do  more  than  simply  to  mdicate  one 
important  point  where  .a  certain  degree  of  am- 
biguity m  his  phraseology  has  given  rise  to  doubt, 
discussion,  and  an  irreconcilable  difference  of  opi- 
nion. After  detailing  the  anangements  adopted 
when  two  consular  armies  encamp  tooether,  be 
adds  theae  remarkable  words — Srar  m  X"^'  ^ 
ftAXa  /uv  itoabms^  r^r  V  iyopiuf^  «al  rh  To^cibr, 
md  rh  irrparHiytow^  /i4<row  r»$4art  rwr  8vo<r  orpa- 
row49mr.  Taking  this  sentence  by  itself;  if  tbe 
text  be  pure,  and  if  the  word  orparow^ttir  be 
rendered,  aa  apparently  it  must  be  rendered, 
ieffiome^  then  we  should  be  led  to  tbe  conclusion 
that  in  a  single  camp,  the  Praetorinm,  the  Quaesto- 
rium  and  the  Fcmmi  were  all  situated  somewhere 
about  the  middle  of  the  Via  Quimtama  :  and  thia 
conclusion  Schelius,  one  of  the  most  acute  and 
learned  writers  on  the  military  affairs  of  the  Ro- 
mans, has  actually  adopted.  This,  however,  is  so 
completely  at  variance  with  the  whole  previous 
narrative  of  the  historian  who  occupies  himself 
from  the  commencement  with  a  single  consular 
camp,  and  lays  down  the  site  of  the  prsetorium, 
as  we  have  done  above,  in  a  manner  so  clear  aa 
to  adroit  of  no  cavil,  the  whole  construction,  in 
feet,  dejpending  upon  the  spot  thus  assigned  to  the 
praetorium,  that  we  are  driven  to  make  choice  of 
one  of  these  alternatives,  either  that  there  is  a 
oomqrtion  luikmg  in  the  text,  or  that  Polybius  is 
here  alluding  to  some  peculiar  expedient  which 
vras  resorted  to  when  two  consular  armies  en- 
camped beside  each  other,  but  were  not  actually 
included  within  the  lines  of  a  single  camp.  For  a 
full  and  fiur  examination  of  this  and  of  other  dif- 
ficultiea  which  suggest  themselves  upon  a  close  ex- 
amination of  Polybius  and  an  impartial  review  of 
the  chief  axguments  adduced  by  contending  critics, 
the  student  may  consult  a  tract  entitled  **  Polybii 
Caatrorum  Romanorum  fiumae  interpretatio,  scrip- 
sit  Q.  F.  Rettig,**  4ta  Hannov.  1828. 

We  now  proceed  to  notice  various  particnlan  con- 
nected with  the  internal  discipline  of  the  camp. 

Hie  Oamip  Oatk, — When  an  army  encamped  for 
the  first  time,  the  tribunes  administered  an  oath 
to  each  individual  quartered  or  employed  within 
its  limits,  including  slaves  as  weU  as  freemen,  to 
the  effect  that  he  would  steal  nothing  out  of  the 
camp,  but  if  he  chanced  to  find  any  property  that 
he  would  bring  it  to  the  tribunes.  We  must  sup* 
pose  that  the  solemn  promise  being  once  made,  waa 
considered  as  binding  during  the  whole  campaign, 
fer  it  would  have  be«i  impossible  to  have  repeated 
a  ceremony  so  tedious  at  the  close  of  each  march. 

DittribuHon  of  Duty  among  the  Offieere, — In  each 
legion  the  tribunea  divided  themselves  into  three 
sections  of  two  each,  and  each  section  in  turn  an* 
dertook  for  two  months  the  superintendence  of  all 
matters  connected  with  the  camp.  It  is  not  im- 
probable that  one  tribune  in  each  section  assumed 
the  chief  command  upon  alternate  days,  or  perhaps 
during  alternate  months,  and  hence  Polybius  geno- 


250 


CASTRA. 


nlly  speaks  of  one  tribune  only  as  acting,  or  of 
two  when  reference  is  made  to  both  legions. 

Qfficen  parade.  —  Every  morning  at  day-break 
the  centurions  and  the  equites  presented  them- 
selves before  the  tents  of  the  tnbnnes,  and  the 
tribmies  in  like  manner,  attended  perhaps  by  the 
centurions  and  eqnites,  presented  themselves  at  the 
praetorhmu  The  mrden  for  the  day  were  then 
issued  by  the  consul  to  the  tribunes,  communicated 
by  the  tribunes  to  the  centurions  and  equites,  and 
through  the  centurions  and  equites  reached  the 
soldiers  at  the  proper  time. 

OuanU,  SeiUneU^  Jbe,  —  Out  of  the  twenty 
maniples  of  Principes  and  Triarii  in  each  l^on, 
two  were  appointed  to  take  charge  of  the  brood 
passage  or  street  called  Prifieipia,  extending  right 
across  the  camp  in  front  of  the  tents  of  the  tribunes. 
This  being  the  place  of  general  resort  during  the 
day,  and,  as  we  know  nom  various  sources,  the 
part  of  the  camp  in  which  the  altars  and  the  eagles 
stood,  great  pains  were  taken  that  it  should  be  kept 
perfecUy  clean  and  regulariy  watered,  a  labour 
which  would  fiill  very  light  when  portioned  out 
among  four  maniples. 

Of  the  remaining  eighteen  maniples  of  Prin- 
cipes and  Hastati  in  each  legion,  three  were 
assigned  by  lot  to  each  of  the  six  tribunes,  and  of 
these  three  maniples  one  in  turn  rendered  each 
day  certain  services  to  the  tribune  to  whom  it  was 
specially  attached.  It  took  charge  of  his  tent  and 
baggage,  saw  that  the  former  was  properly  pitched 
upon  ground  duly  levelled  all  round,  and  pro- 
tected the  latter  from  damage  or  plunder.  It  also 
furnished  two  guards  (^uX^cia)  of  four  men 
each,  who  kept  watch,  some  in  front  of  the  tent 
and  some  behind,  among  the  horses.  We  may 
remark  in  passing,  that  rour  was  the  remilar  num- 
ber for  a  Roman  guard  (^uAiUcior)  ;  of  these  one 
always  acted  as  sentinel,  while  the  others  enjoyed 
a  certain  degree  of  repose,  ready,  however,  to  start 
up  at  the  nrst  alarm.  Compare  the  Acts  of  the 
Apostles,  cap.  xiL  wapoSoirt  r4<ra'ap<ri  rvrpaiiou 
crrparittTWf  ^kdffff9Uf  ahr6y. 

The  Triarii  were  exempted  from  those  duties 
imp<Nsed  upon  the  Principes  and  Hastati,  but  each 
maniple  of  the  Triarii  furnished  daily  a  guard  of 
four  men  to  that  turma  of  the  Equites  which  was 
quartered  immediately  behind  them,  in  order  to 
watch  the  horses,  and  to  take  care  that  they  did 
not  sustain  any  injury  from  getting  entangled  with 
their  halters  and  heel  ropes,  or  break  loose  and 
cause  confusion  and  mischiet 

One  maniple  was  selected  each  day  from  the 
whole  legionary  force»  to  keep  guard  beside  the 
tent  of  the  general,  that  he  might  be  secured 
alike  from  open  dsnger  and  hidden  treachery ; 
this  honourable  task  being  devolved  upon  eveiy 
maniple  in  rotation.  Three  sentinels  were  usually 
posted  at  the  tents  of  the  quaestor  and  of  the  le- 
gati ;  and  by  night  sentinels  kept  watch  at  every 
maniple,  being  chosen  out  of  the  maniple  which 
they  guarded. 

The  Velites  mounted  guard  by  day  and  by 
night  along  the  whole  extent  of  the  vallum:  to 
them  also  in  bodies  of  ten  was  committed  the 
chaige  of  the  gates,  while  strong  bodies  of  in&ntry 
and  cavalry  were  thrown  forward  in  advance  of 
each  gate,  to  resist  any  sudden  onset,  and  give 
timely  notice  of  the  approach  of  the  enemy. 

EaeoMas;  etoAku  agon;  etecuban;  are  the 
general  teims  used  with  re&rence  to  mounting 


CASTRA 
guard  whether  by  night  or  by  day.  VtjfUki; 
vigilias  agers;  vigilare;  are  reaUicted  to  nigbt 
duty:  Eaccubiae  and  V^iliae  frequently  denote  not 
only  the  service  itself^  but  also  the  individuli 
who  performed  it  Stalumes  ia  used  spedsllj  to 
denote  the  advanoed  posts  thrown  forward  in  &0Dt 
of  the  gates,  Outodn  or  GaiodiaB  the  parties 
who  watched  the  gates  themselvea,  PnutkUa  the 
sentinels  on  the  ramparts,  but  all  these  words  are 
employed  in  many  other  significations  also. 

Cfobiff  the  RomdM,  —  In  order  to  ascertain  the 
vigilance  of  the  night  sentinels  (rMcrc/Mral  ^Ao. 
«tat)  an  ingenious  scheme  was   devised.     Each 
gofud  {^XAkw>»)  consisted,  aa  we  have  seen,  of 
four  men,  and  each  of  these  in  torn  stood  sentind 
for  one  of  the  four  watches  into  which  the  night 
was  divided.    The  sentinels  to  whom  it  fdl  to  go 
upon  duty  in  the  first  watch,  were  conducted  io 
the  afternoon  to  the  tent  of  the  tribune  by  liente- 
hants  of  the  maniples  to  which  they  belonged. 
Each  of  these  men  received  from  the  tribune  four 
small  tokens  ({vX^ut),  numbered  from  one  to 
four  for  the  four  watches,  and  bearing  also  msrks 
indicating  the  legion,  and  manii^e  or  century  frpm 
which  the  guard  was  taken.    The  individual  who 
received  these  tokens  retained  the  one  which  an- 
swered to  his  own  watch,  and  distributed  the  rest 
among  his  three  comrades.    The  duty  ot  going  the 
rounds  (  V^Uiat  draure  «.  eirapmre^  eomp.  FesL 
«.  e.  /hware)  was  committed  to  the  Equites,  and 
for  this  purpose  each  legion  snpplied  daily  faar, 
picked  out  from  each  turma  in  rotation  bj  the 
commander  of  the  troop.    The  eight  persons  thui 
selected  decided  by  lot  in  which  watch  they  should 
make  their  rounds,  two  being  assigned  to  eoch 
watch.     They  then  repaired  to  the  tribune^  and 
each  individual  received  a  writtoi  order  speciA-iog 
the  posts  which  he  was  to  visit,  every  post  being 
visited  in  each  watch  by  one  or  other  of  the  two 
to  whom  the  watch  belonged.    They  then  repsired 
in  a  body  to  the  first  maniple  of  the  Triarii,  and 
there  took  up  their  quarten,  because  it  was  the 
duty  of  one  of  the  centurions  of  that  maniple  to  gire 
notice  of  the  commencement  of  each  watdi  by  a 
trumpet  blast    At  the  appointed  time  each  eqnea, 
accompanied  by  some  friends,  who  acted  as  wit- 
nesses, visited  all  the  posts  named  in  his  written 
order,  from  each  sentinel  whom  he  found  on  the 
alert  he  received  one  of  the   tokens  described 
above,  but  if  the  sentinel  was  asleep  or  absent, 
then  the  eques  of  the  rounds  called  upon  his  com- 
panions to  witness  the  fact,  and  departed.    The 
same  process  was  followed  by  all  the  othen,  and 
on  the  following  morning  the  ofBoers  of  the  ronndi 
repaired  to  the  tent  of  the  tribune  and  deliv^n^ 
up  the  tokens.     If  the  number  of  these  was  fbimd 
to  be  complete,  then  all  was  well,  but  if  any  one 
was  wantmg,  then  it  could  be  at  once  asceitained 
to  what  giurd  and  to  what  watch  the  missing 
token  belonged.    The  centurion  of  the  company 
was  ordered  to  bring  forward  the  men  implicated, 
and  they  were  confronted  with  the  officer  of  t^ie 
rounds.     If  the  latter  could  prove  by  meaoi  of  b>i 
witnesses,  that  he  hod  actually  visited  the  post  in 
question,  and  found  the  sentinel  asleep  or  absent, 
then  the  guilt  of  the  sentinel  could  not  be  a  matter 
of  doubt ;  but  if  the  officer  failed  to  establish  thisi 
then  the  blame  fell  upon  himseli^  and  in  either 
case  the  culprit  was  forthwith  made  over  to  a 
court  martial    Sometimes  we  find  ceotarioni,  tn- 
buneSi  and  even  the  general  in  chief  lepreiented 


CASTRA. 

as  gamg  tfce  immda,  but  imder  ordinazy  cinnnn- 
■tanoes^  the  dotj  was  performed  m  we  have  de* 
■oibed.  (lir.  xni  1,  xxviiL  24  ;  SalL  Juff  45. ; 
Tarit.  HuL  5.  2S.) 

f. — The  watchword  for  the  night  was 
eated  TerbaDy,  bat  by  means  of  a 
■saaS  rectaiyahr  taUet  of  wood  (vAorciby  iwty- 
ypofifMSmm — ie$aera — to  be  carefiilly  distingoislied 
frca  the  ^wAdf^um  of  the  hut  paiagraph),  upon 
whidi  it  was  wzitten.  One  man  was  cnoscn  out 
of  eadi  of  those  maniples  and  tannae  which  were 
faartexvd  at  that  extremity  of  the  lines  most  remote 
from  the  PrxDcipta.  Each  of  these  indiyiduals 
<it*aermnm)  rrpwred  towards  sonset  to  the  tent  of 
the  tnoone^  and  received  from  him  a  fesasra,  on 
^hkh  the  pnswvnd  ahd  abo  a  certain  number  or 
zaaxk  wve  inscribed.  With  this  he  retomed  to 
the  Bsaauple  or  toma  to  which  he  belonged,  and 
taking  wTtnesaea,  deiirered  it  to  the  officer  of  the 
mcTt  adjiani^g  maniple  or  torma,  and  he  to  the 
KJct  and  it  lad  passed  aloi^  the  whole  line,  when 
it  was  retained  bj  the  person  who  received  it  last 
to  the  txibane.  The  r^^nkition  was  that  the  whole 
of  the  tesMne  shonld  be  restored  before  it  was 
dark,  and  if  any  one  was  foiud  wanting  at  the 
appoisted  time,  the  row  to  which  it  belong  coald 
be  at  oaee  discovered  by  means  of  the  number  or 
aaik  noticed  above,  an  investigation  took  place  at 
«ee  into  the  oinse  of  the  dday,  and  ponishment 
was  aiiiicted  npon  the  parties  found  to  be  in  fiiult. 
Not  only  mere  passwords  were  circulated  in  this 
laaiaier,  hot  also,  occasionally,  general  orders,  as 
wbea  we  read  in  Livy,  zzvii  46,  *•  Tessera  per 
castza  ab  lirio  console  data  eiat,  at  tribnnum  tri- 
baass,  emtBiio  centurionem,  eques  equitem,  pedes 
pedheat  aec^ieret.** 

Althoi^  the  tesserarius  received  the  tessera  firom 
the  tribune,  it  proceeded  in  the  first  instance  from 
the  esmmander-in-chie^  as  we  may  perceive  from 
the  piisige  just  quoted,  and  many  otners.  Under 
^  empire  it  was  considered  the  pecnliar  function 
cf  the  priDoe  to  give  the  watchwcffd  to  his  guards. 
(TadL  Amm,  i  7 ;  compw  Suet  Ctand,  42,  Ner.  9.) 
Bnakoff  mp  a  Camp. — On  the  first  signal  being 
fTTcn  hw  the  trumpet,  the  tents  were  aU  struck  and 
ik«  ha^gsge  packed,  the  tents  of  the  general  and 
the  triboiMS  being  disposed  of  before  the  others 
Vise  touched.  At  the  second  signal  the  baggage 
vas  placed  upon  the  beasts  of  burden ;  at  the  thi^ 
the  whole  army  beg^n  to  move. 

IL  Camp  of  Hyoinub. 

Passing  over  a  space  of  about  250  yean,  we 
find  ooxselves  amidst  an  order  of  things  altogether 
:^w.  The  name  LigkmM  still  remains,  but  all  the 
sodent  divisiona,  with  the  exception  of  the  Om- 
terue,  have  disappeared.  The  distribution  of  the 
id-iien  into  Velibes^  HaataH^  Prmapety  and  Triarii 
did  not  endure  more  than  half  a  century  after  the 
exa  of  Polybins ;  the  organization  by  maniples  was 
about  the  sune  period  in  a  great  measure  super- 
seded by  the  cohortB,  and  the  cavalry  were  de> 
tscbed  from  the  infiuitry  and  formed  independent 
carpt.  In  like  manner  the  SocH^  after  the  admis- 
nra  of  the  Italian  states  to  the  Roman  franchise, 
eessed  to  ferm  a  separate  class,  and  their  place  is 
BOW  oecapied  by  a  motley  crew  of  foreigners  and 
hutarians  serving  in  bands,  designated  by  strange 
tidek  We  are  reminded  also  that  the  republican 
fcim  of  gowmment  had  given  way  to  the  dominion 
of  a  su^  individual  by  the  appeacaace  of  a  mul> 


CASTRA. 


251 


titnde  of  household  troops  and  imperial  body- 
guards, distinguished  by  various  appdiations,  and 
invested  with  peculiar  privileges.  A  complete 
Roman  army  aid  not  now  consist  of  J^omamaa 
Leffkmet  cum  Sodis^  or  of  Legiona  cum  Soctis  M 
AtaUii9j  but  of  Le^iomeg  eum  SuppleHmttta^  the 
term  Supplemeiiia  including  the  whole  of  the  various 
denominations  alluded  to  above.  In  what  follows, 
we  shall  attempt  to  delineate  a  summer  camp  (oos- 
tra  ae$tivalia)^  intended  to  contain  three  legions, 
with  their  supplements,  a  force,  which  in  the  time 
of  Hyginus  corresponded  to  the  regular  consular 
army  of  the  sixth  and  seventh  centuries  of  the  city. 
It  is  but  right,  however,  to  call  attention  to  the 
fiict,  that  we  do  not  here  tread  upon  ground  so 
firm  as  when  Polybius  was  our  guide.  The  text 
of  Hyginus  presents  many  difficulties  and  many 
corruptions  ;  and  there  are  not  a  fow  passages  in 
which  we  are  thrown  too  much  upon  conjecture. 
This,  however,  be  it  understood,  applies  almost 
exclusively  to  the  minute  details,  for  the  general 
outline  of  the  whole  is  clear  and  well  ascertained. 
The  phm  sketched  below,  is  taken  almost  entirely 
from  Schelius,  and  the  proportions  of  the  different 
parts  are  carefully  preserved.  Omitting  in  this 
case  the  geometrical  construction,  we  proceed  at 
once  to  explain  the  figure. 

The  point  from  which  the  whole  of  the  measure- 
ments proceeded  is  marked  with  a  small  cross,  and 
was  ciUled  GromOf  that  being  the  name  of  an  in- 
strument employed  by  surveyors,  analogous,  in  its 
uses  at  least,  to  the  modem  cross  staff,  pUme  table 
and  level 

The  general  form  of  the  indosure  was  an  oblong, 
the  two  longer  sides  being  at  equal  distances  from 
the  Oroma,  rounded  off  at  the  angles  (ai^u/os  co#- 
irorum  drcmare  oportet),  2320  feet  in  length  by 
1620  feet  in  breadth,  the  general  rule  being  that 
the  length  should  exceed  the  breadth  by  one  third 
(ocuira  in  qttanium  Jleri  potuarii  terHata  esse  de6e- 
buni) ;  when  larger  it  was  called  Oadra  Qameoy 
because,  says  Hyginus,  the  ordinary  Buceimum  or 
bugle  could  not  be  heard  distinctly  from  one  ex- 
tremity to  the  other. 

The  Groma  stood  in  the  middle  of  the  principal 
street  {Via  Principalis),  which  was  sixty  feet 
wide,  extending  right  across  the  camp»  with  the 
two  Portae  Prindpales  at  its  extremities.  The 
two  remaining  gates,  which,  like  the  former,  re- 
tained their  ancient  names,  were  the  Porta  Prae- 
torioy  which  was  pearest  to  the  enemy  (porta 
praetoria  temper  kottem  ipectare  dAet\  and  the 
Porta  Deaanana,  and  these  were  placed  in  the 
centre  of  the  two  shorter  sides  of  the  oblong. 
Immediately  behind  the  Oroma,  a  rectangular 
space,  720  feet  long  by  180  broad,  was  set  apart 
for  the  emperor  or  commander-in-chief,  and,  as  in 
the  consular  camp,  termed  the  Praetoritam,  Im- 
mediately behind  the  Praetorium,  that  is  to  say, 
at  the  extremity  most  distant  frt>m  the  Groma,  a 
street  called  the  Via  Qaintana,  40  feet  wide,  ex- 
tended across  the  camp  parallel  to  the  Via  Prin- 
cipalis. When  the  camp  exceeded  the  ordinary 
dimensions,  then  two  additional  gates  were  formed 
at  the  extremities  of  the  Via  Quintana,  the  breadth 
of  which  was  in  that  case  increased  to  50  feet. 

It  will  be  seen  at  a  glance  that  the  camp  was 
divided  into  three  segments  bv  the  Via  Principalis 
and  the  Via  Quintana.  Eadb  of  these  segments 
had  a  name.  The  whole  of  the  middle  segment, 
lying  to  the  right  and  the  lefi  of  the  Praetorium^ 


252 


CASTRA. 


CASTRA. 


fr 


(Fig.  3.) 

rORTA    PRALTORIA 


INTrRVALLUM 


INTCRVALIUM 


c 


CoiLiaii 


Coh-VI 


Culi.V 


Cok.VTl 


'^ 


180 

CcflLW 


180 

ColiIII 


VIA     8ACULARIS 
•O 


180 


12 


^porta  prihcipaus     o 
sihistIrior         • 


H 


VIA  +     PRIKCIPAU& 


5  Is 


«      z      ^ 

K 

1           8 

e       7 

8 

V 

1 

) 


ss 


VIA    quINTANA 


V% 


24> 


2i« 


Sft 


2* 


^ 


— Wff- 


INTERVALLUM 


3«0 


vnrTACTDnmr 


SI 


2* 


@ 


£ 


-wra — 


INTERVALLUM 


360 

Co3iJ3L 


=J       C 


PORTir  OCCUMANA 


fermed  tbe  Zo^era  PrvMtom.  The  segment  ineluded 
between  the  Via  Principalis  and  that  tide  of  the 
camp  in  which  the  Porta  Praetoria  stood  formed  the 
Fradadwra.  The  segment  included  between  the 
Via  Quintana  and  that  side  of  the  camp  in  wbick 
the  Paria  Deeumama  stood  formed  the  ROmtwra. 


The  legiones  bebg  the  most  tnutworthjr  of  the 
troops  in  uie  prorinoes,  were  quartered  by  cobom 
next  to  the  rampart  all  round  the  camp,  encircling 
completely  with  their  lines  the  masses  oif  fDreignerii 
who,  together  with  the  imperial  gnardsi  fbnned 
the  supplementa. 


CASTRA. 

A  ciear  space  of  60  feet  (imiennOmm)  was  left 
liecvecn  the  testa  of  tbe  legionaries  and  the  lam- 
parts,  and  tliej  wtge  sepaiated  horn  the  quarters 
of  the  other  tnops,  whom  they  snntnmded,  by  a 
tentt  called  the  FSs  SoffidariM,  whkh  ran  com* 
pet^j  nnnd  the  camp,  so  that  the  whole  of  the 
lepoosdea,  with  the  exertion  of  the  first  cohort 
iaeach  legmvaad  three  ordinaiy  cohorts  for  whom 
iheie  is  not  room  in  the  onter  ring,  were  bounded 
oa  oae  side  by  the  iaterraUam  and  on  the  other 
bj  the  Via  Sagufaris,  The  remaining  streets  not 
(articiJaiir  ipecified  were  comprehended  mider  the 
gsxral  oame.  Fioss  VkmarioB  s.  Viemales^  and 
tbcff  bR«dth  was  20  feet. 

The  drfrncfs  of  a  camp  might  be  fourfold : —  1. 
Fcamx.     2.  FaOnu     3.  Cerooli,     4.  Arma. 

1.  The  Foata  might  be  of  two  kindS|  a.  The 
Fasaa^^t^^aia^  with  both  sides  slopmg,  so  as  to 
fann  a  wedge ;  or,  b.  the  Foaaa  Puniea,  of  which 
tbe  oater  ode  was  perpendieukr,  the  inner  side 
liopii^,  a*  in  the  IbsBa  frstigata.  The  breadth  in 
p'.tLer  caae  was  to  be  at  least  5  feet,  the  dq>th 
3  feet  Ostside  of  each  gate  a  ditch  was  dug  ex- 
icsdi^  00  both  sides  somewhat  beyond  the  gate : 
tiusi,  oa  aceomit  of  its  shortness,  was  called  TUmiu$y 
azid  m  front  of  the  titolos  was  a  smali  semicircular 
Rdmbt  (datiaUay. 

%.  The  VaSam  was  fonned  of  earth  and  tnr^  or 
«f  stone,  6  feet  in  height,  8  feet  broad. 

3.  When  the  nature  of  the  ground  did  not 
admit  of  the  oonstmction  of  a  sufficient  vallum, 
thea  a  cberaax  de  friae  (eervo/t)  was  substituted. 

4.  Wbcn  neither  a  Vallom  nor  Cerroli  could  be 
CBploycd,  then  the  camp  was  summaded  by  a 
nag  of  anned  men  four  deep,  numerous  sentries 
Toe  pasted  in  each  line,  and  the  cavalry  patrolled 
is  tan  in  erery  direction. 

Tbe  wonis  of  Hyginns  would  lead  us  to  sup- 
pose that  when  no  danger  was  apprehended,  a 
ditch  alooe  was  eonsidered  sufficient ;  and  even 
tills  vaa  excavated  merely  for  the  sake  of  exercis- 
ie^  the  men  (coasts  diadplmas). 

We  can  now  proceed  to  point  out  in  what 
BasBcr  the  three  s^;ments  were  occupied,  refer- 
riEg  to  the  numbers  on  the  figure,  it  being  under- 
ctaod  tkat,  as  before,  we  shall  not  enter  here  into 
SBj  discussions  regavdii^  the  origin  and  character 
•f  tbe  different  battalions  named,  all  information 
apen  sach  matters  being  given  in  the  article  £x- 
ssarca. 

A.  Praetorimm  el  Latent  PradoriL 

1.  Pradoritau  2.  Arae^  on  which  public  sa- 
crihee  was  offered.  The  position  assigned  to  them 
u  coQJ^tnral ;  bat  they  were,  at  all  events,  in  the 
ua&ediate  vicini^  of  this  spot  3.  Augtaratorimn^ 
io  viiieh  the  Impemtor  took  the  auspices  —  the 
aJbn  were  perhaps  erected  in  front  of  this  place, 
at  i«st  such  was  the  case  sometimes.  (See  Tacit. 
A^  XT.  30,  where  the  form  Avgurale  is  em- 
^'■nred.)  4.  7H6«aaZ,  the  elevated  platfimn  fit>m 
^iikb  addresses  were  delivered  to  the  troops. 
Close  to  the  praetorium  was  a  guardhouse  (slationi 
^  oporfet  seamdum  praetorium  pedee  ptginti). 
a.  Comitet  Imperatoria^  the  personal  staff  of  the 
lapFfator,  among  whom  the  chief  plao^  next  to 
tiicVi&  Principalis,  was  assigned  to  ue  Pxaefectus 
l^neterio.  6.  Eqmiee  mngiilart*  Imperatorie  et 
^«/ei  Praetonani:  the  number  of  these  was 
'viable ;  but  Hyginus  gives  as  an  average  450 
ef  the  fenaer  and  400  of  the  latter.     7.  CohorUs 


CASTRA. 


85S 


KMOMteor.   Primipilaree,    Eroe^ii,    q0l» 

The  praetorians  were  allowed  twice  as 
much  space  as  the  troops  of  the  lin&  8.  Aloe 
quimfemariae  qmUmor,  9.  In  each  of  the  spaces 
marked  9,  on  the  extreme  right  and  left  of  tha 
Praetorium,  bordering  on  the  Via  Sagukris  {per 
rigorem  viae  aagmlarie)  was  placed  the  first  co- 
hort and  the  vegUUtrU  of  one  legion.  The  first 
cohort  and  the  vexillarii  of  the  remaining  legioq 
will  be  found  m  the  Praetentnra.  The  first  oo> 
hort  of  a  legion  contained  960  men,  being  twice  as 
numerous  as  the  others  ;  the  vexiliarH  of  a  fegion 
amounted  to  about  600. 

B.  Praetentura. 

10.  Soammmm  Legaiorem,  The  quarters  of  the 
legatL  U.  SeamMumTribimontm,  Immediately 
b^ind  the  legati,  were  the  legionary  tribunes  and 
the  tribunes  of  the  praetorian  cohorts. 

In  the  language  A  surve3-ors,  soaaiaiwi  wasa  ree- 
tangular  figure,  whose  breadth  exceeded  its  length, 
ttr^  a  rectaaguhv  figure,  whose  length  exceeded 
its  breadth.  So,  ^1^  and  J\JmUmMm  are  the  terms 
used  with  reference  to  the  direction  of  the  length 
and  breadth  respectively :  thus,  **  Cohon  prima 
causa  signorum  et  aquilae  intra  viam  sagiilariam,  ei 
qnoniam  duplum  numerum  habet,  duplam  pedatu- 
nun  aocipiet,  ut,  puta,  tigmie  pedu  eeiUmm  viguUi^ 
iabuUmopedee  ineeiUoa  eexaginia,  vel  eigmie  ceiUmm 
eetogimta  taUUim  pedee  dueeiUoe  qmadragintaj^  It 
is  the  more  necessary  to  call  attention  to  this,  be* 
cause  these  significations  have  been  passed  over 
by  the  best  lexicagraphers,  and  we  find  that  some 
modem  expounders  of  Hyginus  imagine  TabuliKym 
to  have  been  an  office  where  the  books  and  ac- 
counts of  the  legion  were  kept  Another  example 
of  the  use  of  these  words  will  be  given  below. 
12.  Aloe  miUiariae  quaiMor^  one  in  each  of  these 
four  compartments.  13.  Ka^/acfManttai,  the  hos- 
pital for  the  sick  soldiers.  14.  Fs/mnanam,  the 
hospital  for  the  sick  horses.  15,  16.  CUueieif 
marines  employed  as  pioneers.  Mauri  eqttitee 
eeaeoenH,  PamtonH  V^-edarU  cctingenii.  These 
two  bodies  of  light  cavalry  were  quartered  near 
the  dassici,  because,  when  the  latter  were  sent  in 
advance  to  clear  the  way,  they  were  guarded  bv 
the  former.  17.  Expioraioree.  General  Roy  in  his 
plan  places  them  m  these  two  small  compartments, 
but  it  appears  more  probable  from  the  words  of 
Hyginus,  that  they  were  quartered  all  together 
on  the  side  next  to  19.  18  and  19.  The  first 
cohort  of  the  remaining  legion  and  its  Fejnliarii. 

On  the  opposite  side  of  the  Via  Praetoria,  three 
legionary  cohorts,  for  whom  there  was  not  sufficient 
space  outside  of  the  Via  Sagularis. 

In  the  Praetentura  stood  also  the  Faltriea  or 
workshop  of  the  carpenters  and  armourers,  erected 
at  a  distance  from  the  Valetudinarium,  so  that 
the  noise  miffht  not  disturb  the  patients. 

Within  the  scamnum  of  the  legati  were  the 
Sckclae  of  the  first  cohorts,  the  phices  apparently 
where  the  snperior  officers  of  the  legions  assembled 
in  order  to  receive  the  general  orders  of  the  day. 

C.  ReUniurai 

20.  Quaestorium,  This  space  corresponded  in 
name  only  with  the  Quaestorium  of  the  Polybian 
camp,  for  it  was  no  longer  assigned  to  a  quaestor 
{Qaaestorium  dieitur  quod  aliquando  t&t  quaestorea 
pedaturam  cusoeperifd).  It  was  occupied  partly  by 
prisoneiB  of  rank,  hostages,  and  plunder,  and  hero 


^54 


CASTRA. 


perhaps  the  Praefcctaa  Cattromm  may  hare  been 
quartered,  nnleis  we  are  to  look  for  him  among 
the  Camites  Imperatorit, 

21.  Staiorum  eenturiae  drntA,  who  guarded  the 
rear  of  the  praetorium,  and  always  kept  cloae  to 
the  pcnon  of  the  Iroperator.  These,  like  the  prac- 
tori<ans,  had  double  space  assigned  to  them. 

22.  Cobortei  equUatae  miUiariae  duae.  Oukortet 
equUaiae  quiMgenariae  qtutuor. 

23.  OAories  pediiaiae  miUiariae  tres,  CokoHeg 
pedUaiae  quingenariae  tres. 

24.  Natiottm,  Barbarian  troops.  Paimyreai 
quingadi,  Gaetue  nongnUi.  Dad  aeptingenti.  Brv- 
tones  quingeuH,  Cantabri  etpOttgnUi.  Among 
these  we  find  enumerated  Sumadaree,  a  word 
which  no  one  has  succeeded  in  explaining,  bat  it 
if  in  all  probability  a  corrupt  form. 

Camels  with  their  riden  (cameli  cum  tuie  epi- 
baiis)  were  frequently  included  amon^  the  con- 
stituents of  an  army,  being  used  both  in  offensive 
operations,  and  also  in  carrying  plunder. 

Two  poinU  strike  us  forcibly  when  we  compare 
the  camp  of  Hyginns  with  that  of  Polybins  ;  first, 
the  flimsy  character  of  the  fortifications,  which 
must  be  attributed  to  the  disinclination  felt  by 
the  soldiers  to  perform  regularly  and  steadily  the 
same  amount  of  labour  which  was  cheerfully  exe- 
cuted by  soldiers  of  the  republic  ;  and,  secondly, 
the  desire  every  where  visible  to  economise  space, 
and  compress  every  thing  within  the  narrowest 
possible  limits.  Although  the  numbers  of  an  army, 
iuch  as  we  have  been  considering  above,  cannot  be 
determined  with  absolute  precision,  they  must, 
on  the  lowest  computation,  have  exceeded  40,000 
men,  and  these  were  crowded  together  into  less 
than  one  half  the  space  which  they  would  have 
occupied  according  to  the  ancient  system,  the  pro- 
portion of  cavalry,  moreover,  bemg  much  hirger  in 
the  imperial  force.  The  camp  of  Polybius,  calcu- 
lated for  less  than  20,000,  contains  upwards  of 
four  millions  of  square  feet,  while  the  camp  of 
Hyginus  embraces  little  more  than  three  millions 
and  seven  hundred  thousand. 

We  may  conclude  with  a  few  words  upon  a 
topic  entirely  passed  over  by  Polybius,  but  on 
wnich  Hyginus  affords  ample  information  in  so  far 
as  the  usages  of  his  own  day  are  concerned  —  the 
cumber  and  arrangement  of  the  tents. 

A  double  row  of  tents  (papiliones)  hang  each 
other,  with  a  space  between  for  piling  the  arms  of 
the  soldiers,  and  for  receiving  the  beasts  of  burden 
and  the  baggage,  was  termed  Striga;  a  single  row, 
with  a  corresponding  space  in  firont,  Hemistrigium, 
The  normal  breadth  of  a  Striga  was  60  feet,  of  a 
Ilemistrigium  30  feet,  made  up  as  follows:  — 
10  feet  were  allowed  for  the  depth  of  each  tent, 
6  feet  for  a  passage  behind  the  tent,  5  feet  for 
the  arms  piled  in  front  of  the  tent,  9  feet  for  the 
Junuaiia  and  baggage  ;  total  30  feet  for  the  hcmi- 
strigium,  which  doubled  for  the  striga  gives  60,  the 
space  between  the  rows  being  28  feet  The  length 
of  the  striga  or  hcmistrigium  varied  according  to 
circumstances. 

A  full  legionary  century  (plena  eeniurta\  when 
Hyginus  wrote,  consisted  of  80  men,  who  occu- 
pied 1 0  papiliones.  The  length  allowed  for  each 
papilio  was  12  feet,  10  feet  for  the  papilio  itself, 
and  2  feet  for  lateral  passages  (ineremenium  ten- 
Murtui),  and  thus  the  length  of  the  line  along 
which  the  papiliones  of  a  century  stretched  was 
10x12  =  120  feet    Out  of  this  the  centurion 


CASTRA. 

had  a  space  allotted  to  him  eqfnal  to  that  nqpkfi 
for  2  tents,  so  that  the  privates  of  the  eentnry  oc- 
cupied  8  tents  only,  that  io,  tliey  were  qoartend 
at  the  rate  of  10  men  to  eaeh  tent  But  since  16 
men  or  4  guards  (rerpoUa)  in  each  eentnry  vcn 
a]wa}'8  out  upon  du^,  there  were  new  hmr 
than  8  men  actually  in  a  tent  at  the  same  time. 

(F«.  4.) 

Striga  of  tu/o  ctntuiiet 

__ 320 

EnnbnnnnDC!! 


Dannnnnnnna 

• 

iio"  


Since  a  striga  120  feet  in  length  and  60  feet  in 
breadth,  containing  7200  square  feet,  was  allotted 

(Fig.  5.) 

J&miib^baL  ufanf  CoUunr 

uo 
^j.. 


'is 


to  2  centuries,  and  sinee  an  ordinary  legioosiy 
cohort  contained  6  centuries,  it  follows  that  tJie 
space  required  for  each  cohort  (pedaUura  eo^orts) 
of  480  men  was  21,600  square  feet 

The  troops  were  usually  quartered  in  cohflrti, 
and  these  might  be  variously  disposed,  it  beinc 
always  desirable  that  a  whole  century  sbodd 
always  be  ranged  in  an  unbroken  line. 

If*the  striga  was  equal  to  one  eentniy  in  lengt^ 
then  the  cohort  would  occupy  three  strigse  in 
breadth,  that  is,  a  space  120Veet  hn«,  by  180 
broad  =  21,600  square  feet    See  fig.  (6.) 
(Fig.  6.) 
jso 


nnnnnDDnDD 


8<  c 


nDDnnnnnOD 
nnnDnnDDDD 


nnnannnDDD 


nnnnnnnnnD 


9{  c 


nnDDDDDDnn 


If  the  striga  was  equal  m  length  to  two  uvxanch 
then  the  cohort  would  occupy  one  whole  •tngi 
and  a  hemistrigium,  that  is,  a  space  240  fieet  long  b; 
90  feet  broad  =  21 ,600  square  feet    See  fig.  (7-) 


CASTRA. 


CASTRA. 


255 


(Kg.  7.) 


ODDnnDDDDDnDDDDDDDDDI 


EDDDDnnnnDnaDnaDnDnit 


InDnnnDDDDDDDDDDDDDDPi 


0^Z 


If  ikt  itngi  was  equal  in  length  to  three  cen-  |  only,  or  a  ipace  360  feet  long  bj  60  feet  httmA 
tKJei,  tko  the  cohort  woold  occupy  one  gtriga  [  =21,600  aquare  feeU    See  fig.  (8.) 

(Fig.  a) 


DnaanDnaanDnnannnnnnnnannDDDDD 


rnrmQaZIDDDDDDDDaaDDDDDDaDDDDE: 


It  is  to  he  ohserred  that  in  the  plan  of  the  camp 
pTca  above,  the  l^onaiy  cohorts  on  the  longer 
hUes  are  in  strigae  of  240  feet  in  length,  those  on 
the  »hctter  sides  in  strigae  of  S60  feet  in  lengtli. 

When  the  nmnher  of  legions  in  an  amy  was 
ftaia  m  pcoportion  to  the  snpplementa  than  in 
tlM  anay  wiich  we  have  reTiewed,  then  in  order 
tl^at  thnr  might  still  be  ranged  ontside  of  the  Via 
Stgohris,  the  strigae  presented  their  breadth  to 
the  Taihna  instead  of  their  length,  or  to  use  the 
techdca!  phxaae,  the  length  which  in  the  former 
cut  kd  heen  assigned  to  the  Siffna,  was  now 
prok  to  the  TatuHmtm  (Qftod»  legumes  pUtrea  (u>- 
<fierimm  et  mtppUmaUa  pamdora  ut  neoenarium 
tU  eokories  drea  callum  crebrnu  pomere  eouvertemus 

pd^Umm^  QCOO  FUKRAT  8IGN18  TABULINO  DA* 

Mires). 

If  A  B  be  the  line  of  the  Talliun,  C  will  repre- 
»at  the  posiiioa  of  the  cohort  in  the  one  case,  D 


Josephns,  in  his  aeconnt  of  the  Jewish  war, 
takes  special  notice  of  the  Roman  encampments, 
and,  altnongh  he  does  not  enter  into  minnte  details, 
his  ohserratiims,  with  which  we  shall  eonclude 
this  article,  fonn  a  useful  supplement  to  Hyginus. 
It  is  evident  from  the  numerous  artisans  for  whom 
workshops  are  provided,  from  the  towers  with 
which  the  vallum  was  strengthened,  and  from  the 
precaution  of  setting  fire  to  every  thing  lefi  behind, 
that  the  words  of  the  historian  refer  chiefly  to 
Castra  Stativa.  He  begins  by  remarking  (B.J» 
iiL  5)  that  the  Romans  when  invading  an  eneray^ 
country  never  haxard  an  engagement  until  tliey 
have  fortified  a  camp  (ob  v/Sy  Sirrorrtu  ftdxfis  i^ 
Tftxio-cu  oT^T^cSoy),  which,  in  fonn,  is  a  square 
(HuLfUTpwrm  9k xaptfiSoXii  rtrpdytuntf)^  with  four, 
^tos,  one  on  each  side.  The  rampart  by  which 
It  is  surrounded  exhibits  the  appearance  of  a  wall 
furnished  with  towers  at  equal  distances,  and  in 
the  spaces  between  the  towers  is  jdaoed  the  artillery 
ready  for  immediate  service  (to^s  re  ^v^cXcif, 
Koi  Ktneew4\Ta%  ical  Xi9o^^Aa,  jral  vor  ii^rHiptop 
tfrpawf  ri9icuraf^  tarcana  xphs  rks  ficXks  h'oifut). 
The  camp  is  divided  convenientiy  by  streets,  in 
the  middle  are  the  tents  of  the  officers,  and  in  the 
very  centre  of  all  the  pfaetorium  (rb  oTperH^ioir)  • 
there  is  also  a  forum  (ityopd  ris  &iroSc(jimn-«), 
and  a  phce  for  artificers  (xeipor^x'^'  X**P^'^)f 
of  whom  a  great  number  follow  the  army  with 
building  tools,  and  seats  for  the  tribunes  and  cen> 
turions  (Pt^Koi  re  \oxi*yois  xai  ra^idpxots\  where 
they  decide  any  disputes  which  may  arise.  When 
necessary  («l  5i  ^T«i7o«)  a  diteh  is  dug  all  round, 
four  cnbito  deep  and  four  cubits  broad. 

At  day  dawn  {iwh  9k  rV  ?«)  all  the  soldiers 
repair  to  the  tents  of  their  respective  centurions 
{M  r^bs  kKoroyrdpxcis)  and  salute  them:  the 
centurions  repair  to  the  tribunes  (vpbs  ro^v  x*- 
Xifipxovs),  along  with  whom  all  the  centurions 


256 


CATAPHRACTI. 


(ra|/af>x<x)  repair  to  the  commander- in  chief^  from 
whom  they  rcceire  the  watchword  (<nifit7oy)  and 
the  general  orders  of  the  day,  to  be  conveyed  by 
them  to  their  respective  divisions. 

When  a  camp  is  broken  up,  at  the  first  blast  of 
the  trumpet  the  soldiers  strike  the  tents,  and  pack 
up  the  utensils  ;  at  the  second  they  load  the  mules 
and  other  beasts  of  burden,  set  fire  to  every  thing 
which  could  prove  serviceable  to  an  enemy,  and 
stand  like  coursers  ready  to  start  forward  on  a 
race  ;  the  third  gives  the  last  warning  that  all 
things  being  now  prepared  every  man  must  bo  in 
his  place.  Then  the  herald,  standing  at  the  right 
hand  of  the  general,  demands  thrice  if  they  are 
ready  for  war,  to  which  they  all  respond  with  loud 
and  repeated  cheers  that  they  are  ready,  and  for 
the  most  part,  being  filled  with  martial  ardour, 
anticipate  the  question,  and  raise  their  right  hxmds 
on  high  with  a  shout.  (B,  J.  iii.  5.  §  4.)  [W.  R.J 
CATAOO'GIA  (icoTOT^io).  [Anaoooia.] 
CATAGRAPHA.  [Pictura.] 
CATA'LOGUS  (KordKoyos),  the  catalogue  of 
those  persons  in  Athens  who  wert  liable  to  regular 
military  service.  At  Athens,  those  persons  alone 
who  possessed  a  certain  amount  of  property,  were 
allowed  to  serve  in  the  regular  infiuitry,  whilst  the 
lower  class,  the  thetes,  had  not  this  privilege.  Thus 
the  former  are  called  ol  iK  KardKAyou  <rrpaTt{fo»- 
T€r,  and  the  hitter  ol  f^tt  rov  Kora^^you.  (Xen. 
ffelL  ii.  3.  §  20.)  Those  who  were  exempted  by 
their  age  from  military  service,  are  called  by 
Demosthenes  {De  Sjfni,  p.  167.)  ol  ^kp  rhif 
KardKoyoy,  It  appears  to  have  been  the  duty  of 
the  generals  (arparnyol)  to  make  out  the  list  of 
persons  liable  to  service  [Astratbias  Graphk], 
m  which  duty  they  were  probably  assisted  by  the 
demarchi,  and  sometimes  by  the  fiovKtvrcd.  (Dem. 
0.  Pdyd,  p.  1208.) 

CATALU'SEOS  TOU  DEMOU  GRAPHE' 
(fcaroA^fwf  rov  d^ifiou  ypa^\  was  an  action 
brought  against  those  persons  who  had  altered,  or 
attempted  to  alter,  the  democratical  form  of  go- 
vernment at  Athens.  A  person  was  also  liable  to 
this  action  who  held  any  public  office  in  the  state 
after  the  democracy  had  been  subverted.  (Andoc. 
de  Afjftt.  p.  48.)  This  action  is  closely  connected 
with  the  Tpo^alas  yptup^  {M  vpoiotritf  r^s 
voA^wf,  ^  M  fcctroAi^ci  rov  JHi/ioUy  Demosth. 
e.  Titnoer.  p.  748),  with  which  it  appears  in  some 
cases  to  have  been  almost  identical.  The  form  of 
proceeding  was  the  same  in  both  cases,  namely,  by 
ejVoy^f  Aia.  In  the  case  of  KaraXiMTtws  rov  Hifiov, 
the  punishment  was  death  ;  the  property  of  the 
offender  was  confiscated  to  the  state,  and  a  tenth 
part  dedicated  to  Athena.  (Andoc.  De  MvU. 
p.  48.) 

CATAPHRA'CTI  (Kord^pcucroi).  1.  Heavy- 
armed  cavalry,  the  horses  of  which  were  also  co- 
vered with  defensive  armour  (Serv.  ad  Vity.  A  en. 
xL  771),  whence  they  are  called  by  Pollux  (i.  140) 
vtptT€<ppayfi4yot,  The  armour  of  the  horses  con- 
sisted either  of  scale  armour,  or  of  plates  of  metal, 
which  had  different  names  according  to  the  pans  of 
the  body  which  they  protected.  Pollux  (i.  140) 
speaks  of  the  irpoftcrwridiov,  xap^iov,  irof4fiov^ 
irpo(rrtpvlZiov^  "wapaKKtvpHiov^  vapofiripl^iov^  xa- 
pcucrnfi(Btoy,  Among  many  of  the  Eastern  nations, 
who  placed  their  chief  dependence  upon  their 
cavalry,  we  find  horses  protected  in  this  manner ; 
but  among  the  Romans  we  do  not  read  of  any 
troops  of  this  description  till  the  later  timet  of  the 


CATARACTA. 

empire,  when  the  discipline  of  the  legions  was  d 
stroyed,  and  the  chief  dependence  began  to  I 
placed  on  the  cavalry. 

This  species  of  troops  was  common  among  i] 
Persians  from  the  earliest  times,  from  whom  it  w, 
adopted  by  their  Macedonian  conquerors.  (Li 
XXXV.  48 ;  xxxvii.  40.)  In  the  army  of  the  eld 
Cyrus,  Xenophon  {Qir.  vL  4.  §  1)  says  that  tl 
horses  were  protected  by  coverings  for  the  forehea 
and  chest  (xpoiirrwriZiois  koX  xpooTtpiniiois) 
and  the  same  was  the  case  with  the  army  of  Art 
xerxes,  when  he  fought  with  his  younger  brothe 
(Xen.  Anab.  l  8.  §  7.)  Troops  of  this  descriptic 
were  called  oUbanarii  by  the  Persians  (eataphrac 
equites^  quot  dibanarioB  dictUant  Penae^  Amu 
Marc  xvi.  ]  0  ;  compare  T.amprid.  Alex.  See.  66 
We  first  read  of  cataphracti  in  the  Roman  annv  i 
the  time  of  Constantino.     (Amm.  Marc  L  e.)  ' 

3.  The  word  was  also  applied  to  ships  vine 
had  decks,  in  o{^>osition  to  Aphradi.  f  Navis.] 
CATAPIRA'TER  {Koerax^iparnpia^  fio\is\  ib 
lead  used  in  sounding  (iy  r^  0o\l{€w\  or  fatbain 
ing  the  depth  of  water  in  navigation.  The  mod* 
of  employing  this  instrument  appears  to  have  an 
deigone  no  change  for  more  than  two  thouiood 
years,  and  is  described  with  exactness  m  the  ac- 
count of  St  Paul's  voyage  and  shipwreck  at  M^ 
lite.  (AetM,  xxviL  28.)  A  cylindrical  piece  oi 
lead  was  attached  to  a  long  line,  so  as  to  admit  of 
being  thrown  into  the  water  in  advance  of  the 
vessel,  and  to  sink  rapidly  to  the  bottom,  the  line 
being  marked  with  a  knot  at  each  fiuhom,  to  mea- 
sure the  depth.  (Isid.  Orig.  xix.  4  ;  Eustath.  is 
IL  V.  396.)  By  smearing  the  bottom  of  the  lead 
with  tallow  (wietuni^  Lucilius,  ap.  Isid,  L  c),  spe- 
cimens of  the  ground  were  brought  up,  showing 
whether  it  was  clay  (Herod.  iL  5),  graveli  or  hard 
rock.  [J.  Y.] 

CATAPULTA.     [Tormbntum.] 
CATARACTA  (<coTop^<Unjy),  a  portcullis, » 
called  because  it  fell  with  great  force  and  a  loud 
noise.     According  to  Vegetius  (De  Be  Mil  iv.  4), 
it  was  an  additional  defence,  suspended  by  iron 


CATENA. 

nags  and  rapei^  before  the  gstet  of  a  dtj,  m  such 
a  maimer  tbat,  when  the  eDemy  had  come  up  to 
tbe  gates,  the  poitcii]lia  might  be  let  down  ao  at  to 
skvx  ihem  in,  and  to  enaUe  the  beiieged  to  aaaail 
tboB  from  above.  In  the  accompanying  plan  of 
tlw  principal  witrance  to  Pompeii,  there  are  two 
sidewaji  lor  foot  paaa^igen,  and  a  road  between 
tkeB,lb«irteen  foet  wide^  for  cairiagea.  The  gates 
vete  placed  as  A,  A,  tuning  on  pivots  [Cakjh)], 
at  is  proved  \aj  the  holes  in  the  pavement,  which 
&31  remain.  This  end  of  the  road  was  nearest  to 
the  town ;  in  the  opposite  direction,  the  road  led 
into  the  eoontzy.  Ilie  portenllis  was  at  B,  B,  and 
vas  Bade  to  slide  in  srooves  cut  in  the  walls.  The 
adewajs,  secnred  wiui  smaller  gates,  were  roofed 
m,  wheieas  the  portion  of  the  main  read  between 
the  gates  (A,  A)and  theportcallis(B,B)  was  open 
to  the  skj.  When,  therefore,  an  attack  was 
made,  the  sisnilants  irere  either  excluded  by  the 
poneaJlis ;  or,  if  they  fiorced  their  way  into  the 
barbican  and  attempted  to  break  down  the  gates, 
the  citiBeBa,  snnounding  and  attacking  them  firom 
sbo^  had  the  greatest  possible  fiicilities  for  im- 
peding and  destroying  them.  Vegetius  speaks  of 
the  '^cataacta"  as  an  amdMi  contrivance  ;  and 
it  appeaia  to  hare  been  employed  by  the  Jews  at 
Jeraialem  aa  early  as  the  time  of  David.  (P$aL 
ixiT.  7,  9 ;  comp.  Jar.  xx.  2.  Sept.)         [J.  Y.] 

KATASKOPES     ORAPHE'     (icar«r«cor^r 

tf^y,  an  action  brooght  against  spies  at  Athens. 

lif  a  spy  was  discovered,  he  was  placed  on  the 

nek,  in  order  to  obtain  information  from  him,  and 

xfteiwaida  put  to  death.     (Antiphanes,  c^.  Atkefi, 

ii.  p.  6fi,  d. ;    Denu   De  Cor.  p.  272 ;    Aeschin. 

e.  OatipL  pu  616 ;  Plut  Fii.  dec  Orat.  p.  848,  a.) 

It  sppean  that  foreigners  only  were  liable  to  this 

setioo;  sinee   citizens,  who   were  guilty  of  this 

ome,  weie  aecosed  of  xpoioaia. 

CATASTA.    [SKRVua] 

CATEIA,  a  missile  used  in  war  by  the  Ger- 

mas,  Gaola,  and  some  of  the  Italian  nations  ( Virg. 

J«.TiL  741 ;  VaL  Flac  vL  83;  AuL  OelL  x. 

25),  supposed  to  resemble  the  aclis.     (Serv.  in 

J«L  L  e. ;   Isid.  Oriff.  xviii  7.)     It  probably  had 

its  mne  fitom  aUHag;  and,  if  so,  the  Welsh  terms 

caka^  a  weapon,  eataoy  to  cut  or  mangle,  and 

catam,  to  fight,  are  neariy  allied  to  it.       [J.  Y.] 

CATKLLA.    [Catena.] 

CATENA,  dim.  CATELLA   (iXwrij,   dim. 

oXWisr,  &Kv<rlBu»)^  a  chain.     The  chains  which 

voe  of  snperiiH'  value,  either  on  account  of  the 

XBateikl  or  the  workmanship,  are  commonly  called 

t»jieBae  (Ax^ta),  the  diminutive  expressing  their 

fiaeaes  and  delicacy  as  well  as  their  minuteness. 

The  tgedmeoB  of  ancient  chains  vrhich  we  have  in 

hmse  lamps,  in  scales  [Libaa]  ,and  in  ornaments 

for  the  person,  especially  neddaces  rMoNU.s],8how 

a  grat  variety  of  elegant  and  ingenious  patteros. 

Brides  a  plam  circle  or  oval,  the  separate  link  is 

often  diaped  like  the  figure  8,  or  is  a  bar  with  a 

Gfde  St  each  end,  or  assumes  other  forms,  some  of 


CAUPO. 


257 


vkidi  sre  here  shown.    The  links  are  also  found 
ao  dssely  entwined,  that  the  chain  resemblea 


platted  wire  or  thread,  like  the  gold  chains  now 
manu&ctured  at  Venice.    This  is  represented  in 
the  lowest  figure  of  the  woodcut 
These  valuable  chains  were  sometimea  give 


rewards  to  the  soldiers  (Liv.  xxxiv.  31) ;  bat  they 
were  commonly  worn  by  women  (Hor.  Ep.  L  17. 
6Sy,  either  on  the  neck  (wepl  rhp  rpixn^^oif 
dAjS^'ior,  Menander,  pu92,  ed.  Mein.),  or  round 
the  waist  (Plin.  H.N.  xxxiiL  12);  and  were  used 
to  suspend  pearls,  or  jewels  set  in  gold,  keys, 
kickets,  and  other  trinkets.  [J.  Y.] 

CATERVA'RII.  fOLADiAToaBa.] 
CA'THEDRA,  a  seat;  but  the  term  was  mors 
particularly  applied  to  the  soft  seats  used  by  wo- 
men, whereas  sa^  signified  a  seat  common  to  both 
sexes  (mier  femmn*  eatUt/nu,  Mart  iiL  63,  iv. 
79 ;  Hor.  <SW.  L  10.  91 ;  Prop.  iv.  5.  37).  The 
cathedrae  were,  no  doubt,  of  various  forms  and 
sixes  ;  but  they  usually  appear  to  have  had  backs 
to  them,  as  is  the  case  in  the  one  represented  in 
the  annexed  woodcut,  which  is  taken  from  Sir 
William  Hamilton's  work  on  Greek  vases.  On 
the  cathedra  is  seated  a  bride,  who  is  bemg  fimned 
by  a  female  slave  with  a  fitn  made  of  peacock** 
feathers. 


Women  were  also  accustomed  to  be  carried 
abroad  in  these  cathedrae  instead  of  in  lecticae, 
which  practice  was  sometimes  adopted  by  effemi- 
nate persons  of  the  other  sex  {ieatta  eerviceferatur 
eathedra^  Juv.  Sat.  i.  65  ;  compare  ix.  51).  The 
word  cathedra  was  also  applied  to  the  chair  or 
pulpit  from  which  lectures  were  read.  (Juv.  Sat. 
viL  203 ;  Mart  L  77.)  Compare  Bottiger,  Salnna^ 
vol  i.  p.  35 ;  Scheffer,  De  Re  Vehicul.  il  4. 

CATILLUS.    [Catinus.] 

CATINUS,  or  CATINUM,  a  huge  dish,  on 
which  fish  and  meat  were  served  up  at  table. 
Hence  Horace  speaks  of  an  anffustus  paiinui  as  an 
indication  of  niggardliness  on  the  part  of  the  host 
(Hor.  Ep.  ii  4.  77  ;  Pers.  iiL  11.)  From  this 
word  came  the  diminutive  eatiUui  or  catiilum^  a 
small  dish. 

CAVAE'DIUM.     [DoMus.] 

CAVEA.     [Theatrum.] 

CAUPO.  The  nature  of  the  business  of  a 
caupo  is  explained  by  Gaius  (^Ad  Edui.  Provmc. 
Dig.  4.  tit  9.  i.  5) :  "  caupo  . . .  mercedem  accipir 
a 


^58 


CAUPONA. 


non  pro  custodia,  sed  . . .  nt  riatores  inanere  m 
caupona  patiatur .  . .  et  tamen  custodiae  nomine 
tenetur."  The  caapo  lodged  trayellers  in  his 
hoose,  and,  though  his  house  was  not  opened  for 
the  safe  keeping  of  travellers*  goods,  yet  he  was 
answerable  for  their  goods  if  stolen  out  of  his 
house,  and  also  for  diunage  done  to  them  there. 
The  praetor^i  edict  was  in  this  form:  **Nautae 
(carriers  by  sea),  caupones,  stabularii  (persons  who 
kept  stables  for  beasts),  quod  cujusque  aalrum 
fore  reccperint,  nisi  restituent,  in  eos  judiciimi 
dabo/*  By  this  edict  such  persons  were  made  ge- 
nerally liable  for  the  things  which  came  into  their 
care  ;  for  the  words  *^  quod  cujusque  salvum  fore 
receperint,"  are  explained  thus,  **  quamcunque  rem 
sive  mercem  receperint.**  But  if  the  goods  of  the 
traveller  were  lost  or  damaged  owing  to  any  un- 
avoidable calamity,  as  robbery,  fire,  or  the  like,  the 
caupo  was  not  answerable.  The  action  which  the 
edict  gave  was  **  in  fiictuni,*^  or  an  action  on  the 
case  ;  and  it  was  Honoraria,  that  is,  given  by  the 
praetor.  The  reason  why  an  Honoraria  actio  was 
allowed,  though  there  might  be  actiones  civiles,  is 
explained  by  Pomponius  (quoted  by  Ulpian,  Ad 
Edictum,  Dig.  4.  tit  9.  s.  3.  §  1) :  in  certain  cases 
there  might  be  an  actio  locati  et  conducti,  or 
an  actio  depositi,  against  the  caupo  ;  but  in  the 
actio  locati  et  conducti,  the  caupo  would  be  an- 
swerable only  for  culpa,  and  in  the  actio  depositi 
he  would  be  answerable  only  for  dolus,  whereas  in 
this  honoraria  actio  he  was  liable  even  if  there  was 
no  culpa,  except  in  the  excepted  cases.  The  Eng- 
lish law  as  to  liability  of  an  innkeeper  is  the  same. 
(Kent  V.  Shuckard,  2  B.  &  Ad.  803.)     [G.  U] 

CAUPO'NA,  signified,  1.  An  inn,  where  tra- 
vellers obtained  food  and  lodging ;  in  which  sense 
it  answered  to  the  Greek  words  vayhoKtiov, 
HaTay^ioVf  and  icarcUiMTis.  2.  A  shop,  where 
wine  and  ready-dressed  meat  were  sold,  and  thus 
corresponded  to  the  Greek  Koirr^Xeioy.  The  per- 
son who  kept  a  caupona  was  called  eaupo. 

It  has  been  mamtained  by  many  writers  that 
the  Greeks  and  Romans  had  no  inns  for  the  ac- 
commodation of  persons  of  any  respectability,  and 
that  their  caupomu  and  xoa^oKtia  were  mere 
houses  of  shelter  for  the  lowest  classes.  That  such, 
however,  was  not  the  case,  an  attentive  perusal  of 
the  classical  authors  will  sufiiciently  show ;  though 
it  is,  at  the  same  time,  veiy  evident  that  their 
houses  of  public  entertainment  did  not  correspond, 
either  in  size  or  convenience,  to  similar  places  in 
modem  times. 

Greek  Inns,  —  The  hospitality  of  the  earliest 
times  of  Greece  rendered  inns  unnecessary  ;  but  in 
later  times  they  appear  to  have  been  very  nume- 
rous. The  public  ambassadors  of  Athens  were 
sometimes  obliged  to  avail  themselves  of  the  ac- 
commodation of  such  houses  (Aeschin./)e  /W!s.  Leg. 
p.  273),  as  well  as  private  persons.  (Cic.  De  Dw. 
L  27,  Inv.  ii.  4.)  In  addition  to  which,  it  may 
be  remarked,  that  the  ^at  number  of  festivals 
which  were  celebrated  m  the  different  towns  of 
Greece,  besides  the  four  great  national  festivals, 
to  which  persons  flocked  from  all  parts  of  the 
Hellenic  world,  must  have  required  a  considerable 
number  of  inns  to  accommodate  strangers,  not  only 
in  the  places  where  the  festivals  were  celebrated, 
but  also  on  the  roads  leading  to  those  places. 
(Becker,  CharikUe^  vol.  i.  p.  1 34.) 

The  word  KwiniKuov  signified,  as  has  been  al- 
ceady  remarked,  a  place  where  wine  and  ready- 


CAUPONA. 

dressed  provisions  were  sold.  K«bn|X«r  signifies 
in  general  a  retail  trader,  who  sold  goods  m  small 
quantities,  whence  he  is  sometimes  called  iraAi> 
xd-wTiKoi^  and  his  business  ToAiyiceBnjAcAMy  (Dero. 
&  Dionytodor.  p.  1285  ;  Aristoph.  PlmL  1156; 
Pollux,  vii.  12) ;  but  the  term  is  more  particulariy 
applied  to  a  person  who  sold  ready-drMsed  prtm- 
sions,  and  especially  wine  in  small  quantities. 
(Plat  Gory.  p.  518.)  When  a  retaQ  dealer  in 
other  commodities  is  spoken  of,  the  name  of  bii 
trade  is  usually  prefixed ;  thus  we  read  of  wpoia- 
roKdwnXos  (Pint  PericL  24),  5«X«r  mbrqAsf 
(Aristoph.  PoTy  1175),  hairiZwv  MivifAof  {Id, 
439),  fii€>aoKdirn\oSy  &c  In  these  acconyAcM 
only  persons  of  the  veiy  lowest  class  were  accas- 
tomed  to  eat  and  drink.  (Isocr.  Arnop.  c.  18 ; 
Becker,  Chariidety  vol.  L  ^  259,  &&) 

2.  Roman  Inns.  —  A  Roman  inn  was  called  not 
only  caupona,  but  also  iabema  and  iabema  dmr- 
soricty  or  simply  eUveraorium  or  devenorwm.  Along 
all  the  great  roads  of  Italy  there  were  inns,  as  we 
see  from  the  description  which  Horace  gives  of  hii 
journey  from  Rome  to  Bnindisium  {SaL  I  5), 
though  the  accommodation  which  they  offered  was 
generally  of  a  poor  kind.  We  also  find  mentioD 
of  public  inns  in  Italy  in  other  paasagesL  (Cic. 
pro  Cbtent.  59,  PhU.  ii.  31 ;  Hor.  Ep.  L  11. 11 ; 
Propert  iv.  8.  19;  Ads  <^  tke  Apostiety  xxriil 
15.)  At  Rome,  there  must  have  been  many  inns 
to  accommodate  strangers,  but  they  are  hardly  ever 
spoken  of.  We,  however,  find  frequent  mention 
of  houses  where  wine  and  ready-dressed  providom 
were  sold,  and  which  appear  to  have  been  nnnus 
rous  in  all  parts  of  the  city.  The  houses  where 
persons  were  allowed  to  eat  and  drink  were  usoallj 
called  Popinae  and  not  cauponae ;  and  the  keepers 
of  them,  Popae.  They  were  principally  fiRK]Tiente<i 
by  slaves  and  the  lower  classes  (C^c  Pro  MiL  24), 
and  were  consequently  only  furnished  with  stools 
to  sit  upon  instead  of  couches,  whence  Martial  (r. 
70)  calls  these  places  sdUxrioiaa  popmas.  This 
circumstance  is  illustrated  by  a  painting  firand  at 
Pompeii  in  a  wine-shop,  representing  a  drinking- 
soene.  There  are  four  persons  sitting  on  stools 
round  a  tripod  table.  The  dress  of  two  of  the 
figures  is  remarkable  for  the  hoods,  which  xesefflUe 


those  of  the  capotes,  worn  by  the  Italian  sulon 
and  fishermen  of  the  present  day.  They  use  cops 
made  of  horn  instead  of  glasses,  and  finom  their 
whole  appearance  evidently  belong  to  the  lower 
orders.  Above  them  are  different  sorts  of  eatables 
hung  upon  a  row  of  pegs. 

The  ThermopoliOy  which  are  spoken  of  m  the 
article  Calida,  appear  to  have  been  the  same  as 
the  popinae.  Many  of  these  popinae  were  little 
better  than  the  Jjupanarit  or  brothels;  whence 


CAUTia 

Harxe  (SaL  ii.  4.  62)  caUa  them 
fopimaa,  Tbe  win^^hop  at  Pompeii,  where  the 
paodiig  dnczibed  above  una  found,  ■eems  to  have 
been  a  heme  of  this  detcanption ;  for  behind  the 
ahsp  there  k  an  inner  chamber  containing  paint- 
ingB  of  eveiy  ipeeiea  of  indecency.  (GeU*B  Pom- 
pmmn,  vDLii.pL  10;)  The  Ganeae^  which  are 
ttsaediiMS  Bentioaed  in  connection  with  the 
popiaae  (Suet.  Tift.  34),  were  brothek,  whence 
thej  are  oAeo  daaoed  wiUi  the  Imsira.  (Lir.  xxri 
2;  Cic  PkiL  ziii.  11,  Pro  Segi.  9.)  Under  tbe 
I  Bamj  afctempta  were  made  to  regulate  the 
_.,  bat  apparently  with  little^  fnoeeta.  Ti- 
I  iiuhad  all  cooked  proTisiona  to  be  odd  in 
the«  ihoH  (SoeC  7i&.  34) ;  and  Claudius  com- 
SBaded  Utem  to  be  ahnt  up  altogether.  (Dion 
Can.  Ix.  €.)  Tliey  ^peor,  howerer,  to  hare  been 
msi  opened  ^jaiu,  if  they  were  ever  cloeed ;  for 
Nso  ooonnaDded  that  nothii^  Bhoold  be  sold  in 
tka  hot  difiennt  kinds  of  cooked  pulse  or  reg^ 
oiyei(Sfiet  A«r.  16  ;  Dion  Cass.  Izii.  14)  ;  and 
SD  edict  to  the  same  effect  was  also  published  by 
Vapaata.     (Dioo  Cass,  bcvl  10.) 

PoHBs  who  kept  inns  or  houses  of  public  enter- 
tament  of  any  kind,  were  held  in  low  estimation 
bach  asBong  the  Greeks  and  Romans  (Theophr. 
Oar.  6 ;  Plal.  Z^.  xi.  pp.  918,  919)  ;  and  though 
ti»  epdihels  of  per/Ui  and  maU^ni^  which  Horace 
giTss  to  them  {SaL  i  1.  29,  i  5.  4),  may  refer 
flsiy  to  pwrticabir  innkeepers,  yet  they  seem  to  ex- 
pRM  the  conmoD  opinion  entertained  reopectiiig 
the  whole  dassL  (Z^  JHeWnHMhoMmrd.  Alien; 
Stockmsna,!^  Pcpimu;  Becker,  GoUms^  toI.  I 
pp.227— 236.) 
CAUSA  LIBBRA'LI&  [AsBxaTon.] 
CAUSAE  PROBATIO.  [CivrrAS.] 
CAUSIA  (aoM-fa),  a  hat  with  a  broad  brim, 
irhkh  was  made  of  felt  and  worn  by  the  Mace- 
ifs^MA  kn^^  (Vala.  Max.  t.  1.  §  4.)  Its  form 
i«  Men  IB  tbe  annexed  figures,  which  are  taken 
&aa  a  fictile  ^rase,  and  from  a  medal  of  Alexander 


CAUTIO. 


239 


The  Romans  adopted  it  firom  the 
(Plant  Ma.  Glor,  iy.  4.  42,  Pen, 
i  X  75 ;  Antip.  These,  ta  Brunekii  AnaL  iL  1 11), 
sod  more  especially  the  Emperor  Caracalla,  who 
aacd  to  imitate  Alexander  the  Great  in  his  cos- 
tssie.    (Hetodian.  IT.  8.  §  5.)  [J.Y.] 

CAUTIO,  CAYE'RE.  These  words  are  of 
freqaest  eeeorrence  in  the  Roman  classical  writers 
sad  jirists,  and  haTe  a  great  tariety  of  significa- 
tuBi  seeording  to  the  matter  to  which  they  refer. 
Tlicir  general  s^gmfication  is  that  of  security  giren 
hr  oae  penon  to  another ;  also  security  or  legal 
■s&ty  whiefa  one  person  obtains  by  the  advice  or 
mwtmee  of  another.  The  general  term  (caatio) 
it  dittriboted  into  'flm  wgecMt  according  to  the  par- 
tkoisr  kind  of  the  secnrity,  which  may  be  by 
MtiidatMi,  by  a  fidejaasioy  and  in  yarious  other 
vsji.    Tke  goHEal  aeoie  of  the  woid  caatio  is 


aceotdingly  modified  by  its  adjuncts,  as  cautio 
fidejussoria,  pigneratida,  or  hypothecaria,  and  so 
on.  Cautio  is  used  to  express  both  the  security 
which  a  magistratus  or  a  judex  may  require  one 
party  to  giro  to  another,  which  applies  to  cases 
where  thoe  is  a  matter  in  diqmte  of  which  a 
court  has  already  cogniaance ;  and  also  the  secu- 
rity which  is  given  and  received  by  and  between 
parties  not  in  litigation.  The  wofds  caatio  and 
cavere  are  more  partieulariy  used  in  the  latter 


If  a  thing  is  made  a  security  from  one  person  to 
another,  the  caotio  becomes  a  matter  of  pignns  or 
of  hypotheea  ;  if  the  caatio  is  the  engegenient  of  a 
surety  on  behalf  of  a  principal,  it  is  a  caatio  fide- 
jussoria. 

The  cantio  was  most  fiwqoently  a  writings  which 
expressed  the  object  of  the  parties  to  it ;  aooordo 
ingly  the  word  cantio  came  to  signify  both  the  in- 
strument {ckirogr€g)kum  or  mdmrnenhm)  and  the 
object  which  it  was  the  purpose  of  the  instrument 
to  secure.  (Dig.  47.  Ut  2.  a.  27.)  Cicero  (Ad 
Din,  vii.  18)  uses  the  expression  ecmiio  ehirogrofki 
mm.  The  phnse  eavere  aiiquid  aUaii  expressed 
the  &ct  of  one  person  giving  security  to  another  as 
to  some  particular  thing  or  act  (Dig.  29.  tit  2. 
S.9;  d5.titl.  S.18.) 

Ulpian  (Dig.  46.  tit  6)  divides  the  praetorias 
sUpulationes  into  three  species,  judiciales,  cautio- 
sales,  oommnnes ;  and  he  defines  the  caationales 
to  be  those  which  are  equivalent  to  an  action 
(nutar  actiotiis  habmt)  and  are  a  good  ground  for 
a  new  action,  as  the  stipulationes  de  legatis,  tutela, 
ratam  rem  habere,  and  damnum  infectam.  Can- 
tiones  then,  which  were  a  branch  of  stipulationes, 
were  such  contracts  as  would  be  grotmd  of  actions. 
The  following  examples  will  ex|^ain  the  passage  of 
Ulpian. 

In  many  cases  a  heres  could  not  safely  pay 
legacies,  unless  the  legatee  gave  security  (omtfi'o) 
to  refimd  in  case  the  will  under  which  he  claimed 
shoald  turn  oot  to  be  bad.  (Dig.  5.  tit  3.  s.  1 7.) 
The  Muciana  cautio  applied  to  uie  case  of  testa- 
mentary conditions,  which  cmisisted  in  not  doing 
some  act,  which,  if  done,  would  deprive  the  heres 
or  legatarius  of  the  hereditas  or  m  legi^cy.  In 
order  that  the  person  who  could  take  the  hereditas 
or  the  legacy  in  the  event  of  the  condition  being 
broken,  might  have  the  property  secured,  he  was 
entitied  to  have  the  Muciana  cautio.  (Dig.  35. 
tit  1.  s.  7,  18,  73.)  The  heres  was  also  in  some 
cases  boimd  to  give  security  fer  the  payment  <^ 
legacies,  or  the  legatee  was  entiUed  to  the  Bonorum 
Possessio.  Tutores  and  cnratores  were  required  to 
give  security  {tatiadare)  for  the  due  administiation 
of  the  property  intrusted  to  them,  unless  the  tutor 
was  appointed  by  testament,  or  unless  the  curator 
was  a  cumtor  legitimus.  (Oaius,  i.  1 99.)  A  pro- 
curator who  sued  in  the  name  of  an  absent  party, 
might  be  required  to  give  security  that  the  absent 
party  would  consent  to  be  concluded  by  the  act  of 
nis  procurator  {Id.  iv.  99)',  tiiis  security  was  a 
species  satisdationis,  included  under  the  genus 
caatio.  (Dig.  46.  tit  8.  s.  3,  13,  18,  dec.)  In  the 
case  of  damnum  infectum,  the  owner  of  the  land  or 
property  threatened  with  the  mischief  might  claim 
security  from  the  person  who  was  threatening  the 
mischief.  (Cic.  Top,  4 ;  Gaius,  iv.  31  ;  Dig.  43. 
tit  8.  s.  5.) 

If  a  vendor  sold  a  thing,  it  was  usual  for  him 
I  to  declare  tiiat  he  had  a  good  title  lo  it,  and  that 
8  2 


260 


CELLA. 


if  any  person  recoyered  it  from  the  porchaser  by  a 
better  title,  he  would  make  it  good  to  the  pur- 
chaser; and,  in  some  cases,  the  cautio  was  for 
double  the  value  of  the  thing.  (Dig.  21.  tit.  2. 
s.  60.)     This  was,  in  fiut,  a  warranty. 

The  word  cautio  was  also  applied  to  the  release 
which  a  debtor  obtained  from  his  creditor  on  satis- 
fying his  demand :  in  this  sense  cautio  is  equiva^ 
lent  to  a  modem  receipt ;  it  is  the  debtor*s  security 
against  the  same  demand  being  made  a  second 
time.  <Cic.  BhiL  5  ;  Di^.  46.  tit  3.  s.  89,  94.) 
ThiiB  «a««re  ab  aliquo  signifies  to  obtain  this  kind 
of  security.  A  person  to  whom  the  usns  fructus 
of  a  thing  was  given,  might  be  required  to  give 
security  that  he  would  enjoy  and  use  it  properly, 
and  not  waste  it.     (Dig.  7.  tit  9.) 

Cavere  is  also  applied  to  express  the  professional 
advice  and  assistance  of  a  lawyer  to  his  client  for 
his  conduct  in  any  legal  matter.  (Cic.  Ad  Fam, 
iii.  1,  viL  6,  Pro  Murena,  c.  10.) 

The  word  cavere  and  its  derivatives  are  also 
used  to  express  the  provisions  of  a  law,  by  which 
any  thing  is  forbidden  pr  ordered,  as  in  the  phrase, 
—  Oautum  est  lege^  prmcipdlibus  eontUhdwmbua^ 
&c.  It  is  also  used  to  express  the  words  in  a  will, 
by  which  a  testator  declaims  his  wish  that  certain 
things  should  be  done  after  his  death.  The  pre- 
paration of  the  instruments  of  cautio  was,  of  course, 
the  business  of  a  lawyer.  [O.  L.] 

CEADAS  (KcaSof)  or  CAEADAS  (KcuiSos), 
was  a  deep  cavern  or  chasm,  like  the  Ba/raikr<m  at 
Athens,  into  which  the  Spartans  were  accustomed 
to  thrust  penons  oondenmed  to  death.  (Thuc.  i. 
1 34 ;  Strab.  viiL  p.  367 ;  Pans.  iv.  18.  §  4 ;  8mdas, 
9,  o.  BdpalBpo¥,  Km^m,  KMos.) 

CEDIT  DIES.     [LBOATC7M.] 

CE'LERES,  are  said  to  have  been  three  hun- 
dred horsemen,  who  formed  the  body-guard  of 
Romulus  both  in  peace  and  war  (Liv.  i  15  ;  Dio- 
nys.  il  13 ;  Plut  Rom.  26).  There  can,  however, 
be  little  doubt  that  these  Celeres  were  not  simply 
the  body-guard  of  the  kmg,  but  were  the  same  as 
the  equites,  or  horsemen,  a  fiict  which  is  expressly 
stated  by  some  writers  (Plin.  ff.  N.  xxxiii.  2.  s.  9), 
and  implied  by  others  (Dionys.  L  «.).  [Eqctitbs.] 
The  etymology  of  Celeres  is  variously  given.  Some 
writers  derived  it  from  their  leader  Celer,  who  was 
said  to  have  slain  Remus,  but  most  writers  con- 
nected it  with  the  Greek  WXijr,  in  reference  to  the 
quickness  of  their  service.  (Serv.  ad  Vira,  Am, 
xi.  603.)  Niebuhr  supposes  celens  to  be  identical 
with  pc^rioiiy  and  maintains  that  the  former  word 
was  the  name  of  the  whole  class  as  distinguished 
ftom  the  rest  of  the  nation  {Hut,  of  Rome^  vol.  L 
p.  331) ;  but  although  the  equites  were  at  first 
unoubtedly  chosen  from  the  patricians,  there  seems 
no  reason  for  believing  that  the  word  cdens  was 
synonymous  with /xt^nicw. 

The  Celeres  were  under  the  command  of  a  7V>- 
burnu  Cderum,  who  stood  in  the  same  relation  to 
the  king,  as  the  magister  equitum  did  in  a  subse- 
quent period  to  the  dictator.  He  occupied  the 
second  place  in  the  state,  and  in  the  absence  of  the 
king  had  the  right  of  convoking  the  comitia. 
Whether  he  was  appointed  by  the  king,  or  elected 
by  the  comitia,  has  been  questioned,  but  the  former 
is  the  more  probable.  (Lyd.  De  Mag.  i.  14 ;  Pom- 
pon, de  Ofig,  Jur.  in  Dig.  I.  tit  2.  s.  2.  §§  15, 
19  ;  Dionys.  iv.  71  ;  comp.  Becker,  Handbuch  der 
Romiach.  AUertk  vol  il  part  i.  pp.  239,  338.) 

CELLA^  in  its  primary  sense,  means  a  atore- 


CENSOR. 

room  of  any  kind.  (Vair.  De  IJmg.  Lid.  v.  162. 
ed.  Miiller.)  Of  these  there  were  various  de- 
scriptions,  which  took  their  distinguishiog  deno* 
minations  from  the  articles  they  contained,  as,  fox* 
instance,  the  o^Oa  petmaria  or  pemasia^  the  eefia 
oUaria  and  ctUa  vmaria.  The  dave  to  whom  the 
charge  of  these  stores  vras  intrusted,  was  called 
odlarim  (Phut  €t^  iv.2. 115  ;  Senecj^.  122), 
or  promut  (Colum.  xil  3X  or  eoitdue^  *^  quia  jmmit 
quod  oonditum  eai  **  (compare  Hor.  Oiin.  I  9.  7, 
iil  21.  8),  and  sometimes  promms-eomdm  and  pro- 
eieraior  pern.  (Plant  Pmim/.  il  2.  14.)  This  an- 
swers to  our  butler  and  housekeeper. 

Any  number  of  small  rooms  dustered  together 
like  the  cells  of  a  honeycomb  (Virg.Oevy.  iv.  164> 
were  also  termed  eeltae  ;  hence  the  dormitories  of 
slaves  and  menials  are  called  oeibw  (Cic  PJnL 
il  27  ;  Columella,  I  6),  and  eetlae  /amiUarieas 
( Vitro V.  vl  10.  p.  182)  in  distinction  to  a  bed- 
chamber, which  was  eubietibaiu  Thus  a  sleeping- 
room  at  a  publichouse  is  also  termed  oella,  (Petron. 
55.)  For  the  same  reason  the  dens  in  a  brothel 
are  eellae,  (Petron.  8 ;  Juv.  Sat,  vi.  128.)  Each 
female  occupied  one  to  hefadf  (Ibid.  122X  over 
which  her  name  and  the  price  of  her  fiivooia  were 
inscribed  (Senec.  Qmtrov,  I  2) ;  henoe  eella  in- 
seripta  means  a  brothel  (Mart  xl  45.  1.)  CeUa 
ostiarii  (Vitrav.  vl  10  ;  Petrcm.  29),  or  jamUorU 
(Suet  VUdL  16),  is  the  porter's  lodge; 

In  the  baths  the  edla  ealdaria,  iepiiaria^  and 
/rigidaria^  were  those  which  contained  respectively 
the  warm,  tepid,  and  cold  bath.     [Balnbax.] 

The  interior  of  a  temple,  that  is  the  part  in- 
cluded within  the  outside  sheD,  niters  (see  the 
lower  woodcut  in  Antas),  was  also  called  eeVa. 
There  was  sometunes  more  than  one  eelia  within 
the  same  peristyle  or  under  the  same  roof;  in 
which  case  they  were  either  turned  back  to  back, 
as  in  the  temple  of  Rome  and  Venus,  buflt  by 
Hadrian  on  the  Via  Sacra,  the  remains  of  which 
are  still  visible ;  or  parallel  to  each  other,  as  in  the 
temple  of  Jupiter  Optimus  Maximus  in  the  Capitol 
In  such  instances  each  cell  took  the  name  of  the 
deity  whose  statue  it  contained,  as  cdla  Jovis,ix/la 
Junonis,  eella  Minervae.  [A.  R.] 

CELLAHIUS.     [Cklla.] 

CENOTATHIUM,  a  cenotaph  (xo^r  and 
Td<l>os)  was  an  empty  or  honorary  tomb,  erected  as 
a  memorial  of  a  person  whose  body  was  buried 
elsewhere,  or  not  found  for  burial'  at  all  (Comp. 
Thuc.  il  34 ;  Vii^g.  Aen.  iil  303.) 

Cenotaphia  were  considered  as  ra^toao,  and 
therefore  divmi  juris,  till  a  rescript  of  the  em- 
perors Antoninus  and  Verus  pronounced  them  not 
to  be  so.  (Heinec  Ant  Rom.  il  1.)       [R.  W.] 

CENSITOR.    [Censor.] 

CENSUA'LES.    [Censor.] 

CENSOR  (ri/tYrr^s),  the  name  of  two  magis- 
trates of  high  rank  in  the  Roman  republic  Their 
office  was  called  Csnstira  (ri/tirrcia  or  rtfAirria), 
The  Census,  which  was  a  register  of  Roman 
citizens  and  of  4heir  property,  was  first  estab- 
lished by  Servhis  TuUius,  the  fifth  king  of  Rome 
After  the  expulsion  of  the  kings  it  was  taken 
by  the  consuls ;  and  special  magistrates  were  not 
appointed  fi>r  the  purpose  of  taking  it  till  the 
year  b.  c  443.  The  reason  of  this  alteration 
was  owing  to  the  appointment  in  the  preceding 
year  of  tribuni  militum  with  consular  power  in 
place  of  the  consuls ;  and  as  these  tribunes  might 
be  plebeians,  the  patricians  deprived  the  consul^ 


CENSOR. 

■ad  emeqoat^  their  TepreMntBttm,  tlie  tri- 
DBDCiy  0f  tJM  i^t  of  taking  the  oensiu,  and  en- 
trarted  it  to  tvo  magistzatei,  caOed  CbMores,  who 
were  to  be  dumea  ezduarrel  j  from  the  patziciaoa. 
The  magiftiacj  cantmoed  to  be  a  patrician  one 
tia  B.  &  351,  when  C  Maidna  RatOas  waa  the 
finft  plebeian  eeoaor  (Lit.  vu.  22).  Twelre  jean 
aftcrvanb,  &  a  S39,  it  waa  pranded  by  one  of 
the  PaUiliaa  lawa,  tiiat  cne  of  the  oenaon  muat 
Hcenazily  be  a  pleboaa  (Lit.  -riiL  I2X  bat  it  was 
not  tiQ  B.  c.  280  that  a  plebeian  cenaar  performed 
the  nioD  pBTififatSon  ot  the  people  (laaenoN  con- 
iidit,  Ur.^fA  13).  In  B.  c.  131  the  two  censors 
were  fir  the  first  time  plebeians. 

These  wcK  always  two  censors,  because  the  two 
eonsok  lad  preriooaly  taken  the  census  together. 
If  eoe  of  the  oensors  died  dnring  the  time  of  his 
ofice,  SDDCker  had  at  fist  to  &  chosen  in  lus 
ssesd,  as  in  the  caae  of  the  consols.  This,  how- 
eret^  happffied  onlj  once,  namelTY  in  b.  a  393  ; 
beeaoee  the  captoie  of  Home  by  the  Oaals  in  this 
hstram  eaocited  rel%ioaa  fears  against  the  practice 
(Lir.  ▼.  31).  FraiithiBtinie,if  one  of  the  censors 
died,  his  eoUeagne  resigned,  vad  two  new  censors 
were  chosen.  (Lit.  vi  27,  ix.  34,  zxiv.  43, 
zxriLdL) 

The  ccnsora  were  elected  in  the  oomitia  oen- 
tBxata  held  ander  the  presidency  of  a  consiiL 
(GdL  zioL  15  ;  Lrr.  zL  45.)  Niebohr  supposes 
that  they  were  at  first  elected  by  the  comitia 
eariata,  and  that  their  election  was  confirmed  by 
tbe  centaies ;  bat  there  is  no  authority  fiir  this 
■Eppaaitian,  and  the  troth  of  it  depends  entirely 
opoa  the  eoneetnesa  of  his  views  respecting  the 
dectioB  of  the  consols.  [Consul.]  It  was  ne- 
eesBry  that  both  cenaois  should  be  elected  on  the 
sune  day ;  and  accordingly  if  the  Toting  for  the 
Mcoad  waa  not  finished,  ^e  election  of  the  first 
vent  iir  nothing,  and  new  comitia  had  to  be  held. 
(Lit.  iz.  34.)  The  eomitia  fi>r  the  election  of  the 
ce3iaaia  were  held  mder  difierent  auspices  fiom 
those  at  the  election  of  the  consuls  and  praetors ; 
snd  the  censors  were  accordingly  not  rejpurded  as 
their  eoBeegoea,  although  thcry  likewise  possessed 
the  fliosHia  auspida  (GelL  ziii.  15).  The  comitia 
woe  hdd  by  the  consuls  of  the  year  very  soon 
afier  they  had  entered  upon  their  office  (LiT.  zziv. 
10,  zxxiz.  41)  ;  and  the  censors,  as  soon  as  they 
wfre  elected  and  the  censorial  power  had  been 
j^ranted  to  them  hj  b  leg  emtttriatOj  were  fully 
installed  in  their  office.  (Cic.4fsZ4sr.J5rr.ii.ll; 
Iir.  ^  45.)  As  a  gemand  principle  the  only 
pecBODS  eligible  to  the  office  were  those  who  had 
pfevioasly  been  consuls ;  bat  a  few  ezceptions 
omr.  At  first  there  was  no  law  to  prevent  a 
penan  being  eensor  a  second  time  ;  but  the  only 
perMa,  who  was  twice  elected  to  the  office^  was 
C.  Ifardiis  Rutilus  in  &  c;  265  ;  and  he  brought 
ferwaid  a  law  in  this  year,  enacting  that  no  one 
ihaald  be  chosen  censor  a  second  time,  and  re- 
edred  ia  ooosequenee  the  surname  of  Censorinus. 
(PbL  ChrioL  1 ;  VaL  Max.  rr.  1.  §  3.) 

The  eenaocship  is  distinguished  fi!om  all  other 
B^auB  magistiaciea  by  the  length  of  time  during 
which  it  waa  hdd.  The  censors  were  originally 
(hesea  fer  a  whole  lustrum,  that  is,  a  period  of 
fire  yeaa ;  but  thdr office  was  limitedto  eighteen 
BMnths,  aa  eariy  as  ten  years  alkr  its  insti- 
tOMi  (&  G.  483))  by  a  law  of  the  dictator 
Mam.  Aemilios  Mamercinus  (Lit.  iv.  24^  iz«  33). 
The  eensDO  also  held  a  Yecy   peculuur  position 


CENSOR. 


2<t 


with  respect  to  rank  and  dignity.  No  imperium 
was  bestowed  upon  them,  and  accordingly  diey 
had  no  lictors.  (Zonar.  vii.  19.)  The  jlw  emmras 
waa  granted  to  them  by  a  &a  eemturiaiik,  and  not 
by  the  curiae,  and  in  that  respect  they  were  in- 
forior  in  power  to  the  consuls  and  praetors.  (Cic. 
de  Lsg,  Agr,  iL  11.)  But  notwithstanding  this, 
the  censorship  was  regarded  as  the  highest  dignity 
in  the  state,  with  the  ezoeption  of  the  dictatoruip  : 
it  waa  an  f cpJi  Vx^  a  saaefos  aw^ufrvtet,  to  which 
the  deepest  rercrence  was  due.  (Pint.  OaL  Maf. 
16,  Ftamiiu  18,  QumlL  2,  14,  AemiL  FamL  38  ; 
Cic.  ad  Fam.  ui  10.)  The  high  rank  and  dignity 
which  the  censorship  obtained,  was  owing  to  the 
▼ariooa  important  duties  giadually  entrusted  to  it, 
and  e^Mcially  to  its  possessing  the  reffimm  atorwHi, 
or  general  control  over  the  conduct  and  sioials  of 
the  citiaens ;  in  the  ezercise  of  which  power  they 
were  regulated  solely  by  their  own  views  of  duty, 
and  were  not  responsible  to  any  other  power  in  the 
state.  (Dionys.  in  liai,  ^ooa  OolL  vol  il  p.  516 ; 
liiv.  iv.  24,  zziz.  37;  Val.  Maz.  vii  2.  {  6.)  The 
censors  possessed  of  course  the  sella  curnlis  (Liv. 
zL  45X  but  with  respect  to  their  official  dress  there 
is  some  doubt  From  a  well-known  passage  of 
Polybius  (vL  53),  describing  the  use  of  the 
imagines  at  funeials,  we  may  oondnde  that  a  con- 
sul or  piaeiar  wore  the  prsetezta,  one  who  triumphed 
the  toga  picta,  and  the  censor  a  purple  toga  pecu- 
liar to  him ;  but  other  writers  speak  of  their 
official  dress  as  the  same  as  that  of  the  other 
higher  magistrates.  (Zonar.  viL  19 ;  Athen.  xiv. 
p.  660,  c)  The  funeral  of  a  censor  was  always 
conducted  with  great  pomp  and  splendour,  and 
hence  ti/umu  cauorium  was  voted  even  to  the 
emperors.     (Tac  Ann.  iv.  15,  ziii.  2.) 

The  censorship  continued  in  ezistence  for  421 
years,  namely,  from  b.  C:  443  to  b.  c.  22  ;  but 
during  this  period  many  lustia  passed  by  without 
any  censor  being  chosen  at  all.  According  to  one 
statement  the  office  was  abolished  by  Sulla 
(SchoL  Gronov.  ad  CSc.  Dw,  m  OaedL  3,  p.  384, 
ed.  Orelli),  and  although  the  authority,  on  which 
this  stotement  rests,  is  not  of  much  weight,  the 
fiict  itself  is  probable ;  for  there  was  no  census 
durbg  the  two  lustra  which  elapsed  fitmi  Sulla*b 
dictatorship  to  the  first  consulship  of  Pompey 
(b.  c.  82---70),  and  any  strict  regimen  niorum 
would  have  b^n  found  very  inconvenient  to  the 
aristocracy  in  whose  favour  Sulla  legislated.  If 
the  censorship  was  done  away  with  by  Snlla,  it 
was  at  any  rate  restored  in  the  consulship  of 
Pompey  and  Ciassus.  Its  power  was  limited  by 
one  of  the  laws  of  the  tribune  Clodius  (b.  a  58), 
which  prescribed  certain  regular  forms  of  proceed- 
ing before  the  censors  in  expelling  a  person  from 
the  senate,  and  the  concunence  of  both  censors  in 
inflicting  this  degradation.  (Dion  Cass,  xxxviii. 
13  ;  Cic.  pro  Sext.  25,  de  Proo.  Qms.  15.)  This 
law,  however,  was  repealed  in  the  third  consulship 
of  Pompey  (a  c.  62),  on  the  proposition  of  his  col- 
league Caecilius  MeteUus  Scipio  (Dion  Cass.  xl. 
57),  but  the  censorship  never  recovered  its  former 
power  and  influence.  During  the  civil  wars  which 
followed  soon  afterwards  no  censors  were  elected  ; 
and  it  was  only  after  a  long  interval  that  they 
were  again  appointed,  namely  in  b.  c.  22,  when 
Augustus  caused  L.  Munatius  Plancus  And  Paulus 
Aemilius  Lepidus  to  fill  the  office.  (Suet  Avg. 
37,  Claud.  16  ;  Dion  Cass.  liv.  2.)  This  was  the 
last  time  that  such  magistrates  were  appointed ; 
8  3 


862 


CENSOR. 


the  emperan  in  future  discharged  the  duties  of 
their  office  under  the  name  of  Proi^kttura  Morum. 
Some  of  die  emperon  sometimes  took  the  name  of 
censor  when  they  actually  held  a  census  of  the 
Roman  people,  as  was  the  case  with  Claudius,  who 
appointed  the  elder  Vitellius  as  his  colleague  (Suet 
Oamd.  16  ;  Tac.  Atm.  zil  4,  Hid.  i  9),  and  with 
Vespasian,  who  likewise  had  a  ooUeaoue  in  his  son 
Titus.  (Suet  Vetp,  8,  TU.  6.)  Domitian  assumed 
the  title  of  otnmr  perpdmu  (Dion  Cass.  liiL  18), 
but  this  example  was  not  imitated  by  succeeding 
emperofs.  In  the  reign  of  Decius  we  find  the 
elder  Valerian  nominated  to  the  censorship  without 
a  colleague  (Trebell.  Pollio,  Valer.  1,  2)  ;  and 
towards  the  end  of  the  fourth  century  it  was  pro- 
posed to  revire  the  censorship  (Symmach.  Ep.  iv. 
29,  V.  9),  but  this  design  was  never  carried  into 
effect 

The  duties  of  the  censors  may  be  divided  into 
three  dassea,  all  of  which  were  however  closely 
connected  with  one  another:  I.  7^  Census^  or 
register  of  the  citizens  and  of  their  property,  in 
which  were  included  the  lectio  amo^,  and  the 
recogmtio  eqmium  ;  II.  Tks  Regimm  Morum  ;  and 
III.  The  admimtiraiion  of  thejinanees  of  the  atate, 
under  which  were  classed  the  superintendence  of 
the  public  buildings  and  the  erection  of  all  new 
public  works.  The  original  business  of  the  censor- 
ship  was  at  first  of  a  much  more  limited  kind  ;  and 
was  restricted  almost  entirely  to  taking  the  census 
(Li v.  iv.  8) ;  but  the  possession  of  this  power 
gradually  brought  with  it  fresh  power  and  new 
duties,  as  is  shown  below.  A  general  view  of 
these  duties  is  briefly  expressed  in  the  following 
passage  of  Cicero  (de  Leg,  iii.  3): — **  Censores 
populi  aevitates,  soboles,  fiunilias  pecuniasque  cen- 
sento :  urbis  templa,  vias,  aquas,  aerarium,  vecti- 
galia  tuento:  populique  partes  in  tribus  distri- 
buunto :  exin  pocunias,  aevitates,  ordines  portiunto : 
equituro,  peditumque  prolem  describunto :  caelibes 
esse  prohibento:  mores  populi  regunto:  probrum 
in  senatu  ne  relinqunnto.** 

I.  The  Census,  the  first  and  principal  duty 
of  the  censors,  for  which  the  proper  expression  is 
oeaeum  agere  (Liv.  iii.  3,  22,  iv.  8),  was  always 
held  in  the  Campus  Maitiua,  and  from  the  year 
&  c.  435  in  a  special  building  called  Villa  PuUioa^ 
which  was  erected  for  that  purpose  by  the  second 
pair  of  censors,  C.  Furius  Pacilus  and  M.  Qeganius 
Macerinus.  (Liv.  iv.  22 ;  Varr.  JR.  R.  iii.  2.)  An 
account  of  the  formalities  with  which  theoensus 
was  opened  is  given  in  a  fragment  of  the  Wabulae 
Censoriae^  /preserved  by  Varro  (X.  L.  vl'SS,  87, 
ed.  MUller).  After  the  auspicia  had  been  taken, 
the  citizens  were  summoned  by  a  public  cryer 
(praeoo)  to  appear  before  the  censors.  Each  tribe 
was  called  up  separately  (Dionys.  v.  75)  ;  and  the 
names  in  each  tribe  were  probably  taken  according 
to  the  lists  previously  made  out  by  the  tribunes  of 
the  tribes.  Every  paterfamilias  had  to  appear  in 
person  before  the  censors,  who  were  seated  in  their 
curule  chain ;  and  those  names  were  taken  first 
which  were  considered  to  be  of  good  omen,  such 
as  Valerius,  Salvius,  Statorius,  &c  (Festus,  «.  o. 
Locus  Luerinus  /  Schol.  Bob.  €ul  Cic,  pro  Scaur. 
p.  374,  ed.  Orelli.)  The  census  was  conducted  ad 
athitrium  oauorii  ;  but  the  censors  laid  down  cer- 
tain rules  (Liv.  iv.  8,  xxix.  15),  sometimes  called 
leges  eensui  oeusendo  (Liv.  xliii.  14),  in  which 
mention  was  made  of  the  different  kinds  of  pro* 
party  subject  to  the  census,  and  in  what  way 


CENSOR. 

their  value  was  to  be  estnnated.    Aeoovdnig'  to 
these  laws  each  citiaen  had  to  give  an  tuDcaunt  of 
himself^  of  his  fiunily,  and  of  nis  property  upon 
oath,  «v  ammi  sentenOa.    (Dionys.  iv.  15  ;  Lit. 
xliii.  14.)     First  he  had  to  give  his  loll  name 
{praanomen^  nom/eu^  and  oognomeu)  and   that  of 
his  &ther,  or  if  he  were  a  freedman  thsit  of  his 
patron,  and  he  wub  likewise  obliged  to  atate  his 
age.     He  was  then  asked,  TV^  em  amiun  tmi  aem- 
imHa^  WBorem  habes  t  and  if  married  he  had  to 
give  the  name  of  his  wife,  and  likewise  the  nam* 
ber,  names,  and  ages  of  his  children,  if  any.    (GelL 
iv.  20  ;  Cic.  de  OraL  il  64  ;  Tab.  HeiaeL  142 
(68) :  Dig.  50.  tit  15.  s.  3.)  Single  women  (pidmae) 
and  orphans  (or6t  orbaeque)^  were  repreaented  by 
their  tutores  ;  their  names  were  entered  in  separate 
lists,  and  they  were  not  included  in  the  turn  total 
of  capita.     (Comp.  Liv.  iii  3,  EpiL  59.)     After 
a  citizen  had  stated  his  name,  age,  fiunily,  Ac,  he 
then  had  to  give  an  account  of  ail  his  property,  so 
far  as  it  was  subject  to  the  census.     In  midung 
this  statement  he  was  said  eemssn  or  eeuseri,  as  a 
deponent,  ^  to  value  or  estimate  himself**  or  as  a 
passive  ^  to  be  valued  or  estimated : "  the  censor, 
who  received  the  statement,  was  also  said  censers^ 
as  well  as  acdpere  oensum,     (Comp.  Cic  pro  ffaec 
32 ;  Liv.  xxxix.  15.)    Only  such  thinga  were  liable 
to  the  census  {eensui  eeueeudo)  as  were  property 
ex  jure  Q^iriHum,    At  first  each  citizen  appears 
to  have  merely  given  the  value  of  his  whole  pro< 
perty  in  general  without   entering   into   deteils 
(Dionys.  iv.  15  ;  Cic.  de  Leg.  iii  3  ;  Festus,  s.  v. 
Cenaores)  ;  but  it  soon  became  the  practice  to  give 
a  minute  specification  of  each  article,  as  well  as  the 
general  value  of  the  whole.  (Comp.  Cic.  pro  FUmoc 
32  ;   Oell.  vii  11  ;  Plut  CaL  Mqj.  1&)     Land 
fanned  the  most  important  article  in  the  census  ; 
but  public  hind,  the  possessio  of  which  only  be- 
longed to  a  citizen,  was  exdnded  as  not  being 
Quiritarian  nroperty.     If  we  may  judge  firom  the 
practice  of  the  imperial  period,  it  was  the  custom 
to  give  a  most  minute  specification  of  all  such  land 
as  a  citizen  hehi  ear  jure  QmriUmm,    He  had  to 
state  the  name  and  situation  of  the  land,  and  to 
specify  what  portion  of  it  was  amble,  what  meadow, 
what  vineyard,  and  what  olive-ground:  and  to 
the  land  thus  minutely  described  he  had  to  affix 
his  own  valuation.  (Dig.  50.  tit  15.  s.  4.)    Slaves 
and  cattle  formed  the  next  most  important  item. 
The  censors  also  possessed  the  right  of  calling  for  a 
return  of  such  objects  as  had  not  usually  been  given 
in,  such  as  clothing,  jewels,  and  carriages.    (Liv. 
xxxix.  44  ;  Plut.  Cat.  Maj.  18.)     It  has  been 
doubted  by  some  modem  writers  whether  the  cen^ 
sors  possessed  the  power  of  setting  a  higher  valu- 
ation on  the  property  than  the  citizens  themsehes 
had  put ;  but  when  we  recollect  the  discretionary 
nature  of  the  censors*  powers,  and  the  necessity 
almost  that  existed,  in  order  to  prevent  frsud,  that 
the  right  of  making  a  snreharge  should  be  vested 
in  somebody's  hands,  we  can  hardly  doubt  that 
the  censors  had  this  power.     It  is  moreover  ex- 
pressly stated  that  on  one  occasion  they  made  an 
extravagant  surcharge  on  articles  of  luxoiy  (Liv. 
xxxix.  44 ;  Plut  Cat  Maj,  18) ;  and  even  if  they 
did  not  enter  in  their  books  the  property  of  a  person 
at  a  higher  value  than  he  returned  it,  they  accom- 
plished the  same  end  by  compelling  him  to  pay 
down  the  tax  upon  the  property  at  a  higher  rate 
than  others.    The  tax  (tributum)  was  usosUy  one 
per  thousand  upon  the  property  entered  in  the  books 


GBNSOR. 


of  the 


i;  Int  oi  one  occttion  t]ie  oenaon,  as 
,  compdled  a  penon  to  paj  dght  per 
ifUnta  00MIK,  LiT.  it.  24). 
penoo,  vbo  -volunteriij  abwnted  himself 
fioB  the  ccnsoi^  and  thni  became  imemmUy  wu 
pibject  to  the  eereKct  pnnmhmeni.  Serriw  TSiIUni 
it  aid  to  have  threatened  the  ineenfoe  with  im- 
yi!fe<aHneut  and  death  (Liy.  L  44)  ;  and  in  the  re- 
pabtiean  period  he  mif^t  he  told  l^*  the  state  ai  a 
sbTB.  (jCSe.  pro  CaAi,  34.)  In  the  hiter  timet 
a£  the  lepnblie  a  penon  who  wae  abeent  from  the 
taaak,  n^ght  be  rqgcecnted  by  another,  and  thos 
be  registered  bj  the  oenaocs.  (Vair.  L.  L.  vi  86.) 
Whc&er  the  soldiefs  who  were  absent  on  serrice 
had  to  appomt  a  rupreacntatrre,  may  be  questioned. 
In  andsBt  times  the  sadden  breaking  oat  of  a 
war  prevented  uie  cfitsiis  from  beittg  talcen  (Lit. 
vi  31X  bccanae  a  large  nomber  of  the  citixens 
voold  neeessarily  be  alMent.  It  is  sopposed  from 
a  jnsHfti  in  Liry  (xzix.  37),  that  in  hiter  times 
the  eeasan  sent  oonunissloaen  into  the  provinces 
with  fidi  powers  to  take  the  census  of  the  Roman 
■oldien  there  ;  bat  this  seems  to  have  been  only  a 
^leeial  case.  It  is,  on  the  contrary,  probable  firam 
the  way  ia  which  Cicero  pleads  the  absence  of 
Archiu  frtaa  Rome  with  the  army  uider  Lucullos, 
~  ~        reason  figr  his  not  having  been  en- 


roled IB  the  eensos  {pro  AreL  5),  that  serrice  in 
the  anay  was  a  valid  excuse  for  absence. 

After  die  cenaora  had  reoeiyed  Uie  names  of  all 
the  dtiaena  with  the  amoont  of  their  property,  they 
then  had  to  make  ont  the  lists  of  the  tribes,  and 
also  of  the  daoses  and  centnries  ;  for  by  the  Ic^gis- 
lataa  of  Serrins  Tullios  the  position  of  each  citizen 
ia  the  slate  was  determined  by  the  amount  of  his 
pnpefty.  [Cohttia  CBNTVaiiiTA.]  These  lists 
fcimed  a  most  iuipotiaut  part  of  the  Tabuhe  Cat- 
mnae,  voder  which  name  were  included  all  the 
doeaments  connected  in  any  wsj^  with  the  discharge 
ti  the  eensns*  duties.  (Cic;  de  Leg.  iii.  8 ;  Liv. 
xxir.  18 ;  Phit.  Cai.  Mtff.  16  ;  Cic.  de  Leg,  Agr. 
i  2.)  These  lists,  as  fiur  at  least  ss  they  were  con- 
■eeted  with  the  finances  of  the  statO)  were  deposited 
ra  the  aersriom,  which  was  the  temple  of  Saturn 
(Ut.  xxix.  37)  ;  bat  the  regular  depositary  for  all 
the  ardures  of  the  eensors  was  in  eariier  times  the 
Atriom  libertatis,  near  the  Villa  publica  (Lrr. 
zUii  16,  zIt.  15),  and  in  later  times  the  temple  of 
the  Nymphs.     (Cic.  f>n>  Aftil  27.) 

Bendes  the  /orangement  of  die  dtizens  into 
tzibeii  oeBtories,  and  danes,  the  censors  had  also 
t»  oadEe  oat  the  lists  of  the  senators  for  the  en- 
•osBff  favtnim,  or  till  new  censors  were  appointed  ; 
■trikmg  oat  the  names  of  such  as  they  considered 
tmnaithy,  sod  makii^  additions  to  the  body  Irom 
those  who  were  qnali&Bd>  This  important  part  of 
their  duties  is  exphuned  under  Sbnatus.  In  the 
mme  manner  they  held  a  review  of  the  equites 
eqoD  pabiioo,  and  added  and  removed  names  as 
thev  judged  proper.  [EquiI'XS.] 

After  the  KsU  had  been  competed,  the  nunber 
of  dtisesH  was  counted  up,  and  the  sum  total  an- 
anmeed ;  and  accordingly  we  find  that,  in  the 
KCDont  of  a  census,  the  number  of  citizens  is  like- 
wise nsoaOy  g;iven.  They  are  in  such  cases  spoken 
of  as  sopfibi,  sometimes  with  the  addition  of  the 
irerd  riwaai,  and  sometimes  not ;  and  hence  to  be 
Rgirtered  in  the  census  was  the  nme  thing  as 
o^  habere,    [Caput.] 

II.  Rkgoisn  Moruv.  This  was  the  most 
iaipoftaBt  bnmch  of  the  censors*  duties,  and  the 


CENSOR.  363 

one  which  cansed  their  office  to  be  the  most  fe> 
vered  and  the  most  dreaded  in  the  Roman  states 
It  naturally  grew  out  of  the  right  which  they  pos- 
sessed of  excluding  unworthy  persons  from  the 
lists  of  citisens  ;  for,  as  has  been  well  remarked, 
**  they  would,  in  the  first  phce,  be  the  sole  judges 
of  many  questions  of  fiust,  such  as  whether  a 
dtiaen  had  the  qualifications  required  by  law  or 
custom  for  the  nnk  which  he  ehumed,  or  whether 
he  bad  ever  incurred  any  judicial  sentence,  which 
rendered  him  infiunous :  but  from  thence  the  transi- 
tion  was  easy,  according  to  Roman  notions,  to  the 
decisi<m  of  questions  of  right ;  such  as  whether  a 
dtiaen  was  really  worthy  of  retaining  his  rank, 
whether  he  had  not  committed  some  act  as  Justly 
degrading  ss  those  which  incurred  the  sentence  of 
the  law.**  In  this  manner  the  censors  giadnaliy  be* 
came  possessed  of  a  complete  superintendence  over 
the  whole  public  and  private  life  of  every  dttzen. 
They  were  constituted  the  conservators  of  public 
and  private  virtue  and  morality ;  they  were  not 
simply  to  prevent  crime  or  particular  acts  of  im> 
morality,  but  their  great  object  was  to  maintain 
the  old  Roman  character  and  habits,  the  mos 
fao^orasi.  The  proper  expression  for  this  branch 
of  thdr  power  was  regmm  mormm  (Cic.  de  Leg, 
iii  3 ;  Liv.  iv.  8,  xxiv.  18,  xl.  46,  xlL  27,  xliL 
3  ;  Suet  Amg.  27),  which  was  called  in  the  times 
of  the  empire  eura  or  pra^eclitra  morum.  The 
punishment  inflicted  by  the  censors  in  the  exereise 
of  this  branch  of  their  duties  was  called  JVbto  or 
Nctatia,  or  Ammadverno  Cauoria,  In  inflicting  it 
they  were  guided  only  by  thdr  conscientious  con- 
victions of  dtt^ ;  they  had  to  take  an  oath  that  they 
would  act  neither  through  partiality  nor  fiivour ; 
and,  in  addition  to  this,  they  were  bound  in  every 
case  to  state  in  their  lists,  opposite  the  name  of  the 
guilty  citixcn,  the  cause  ot  the  pimishment  inflicted 
on  him, — Subecriptio  centoria,  (Liv.  xxxix.  42  ; 
Cic  pro  CUumt.  42 — 48  ;  Gell.  iv.  20.) 

This  part  of  the  censors^  oflice  invested  them 
with  a  peculiar  kind  of  jurisdiction,  which  in  many 
respects  resembled  the  exereise  of  public  opinion 
in  modem  times  ;  for  there  are  innumerable 
actions  which,  though  acknowledged  by  every  one 
to  be  prejudicial  and  immoral,  still  do  not  come 
within  the  reach  of  the  podtive  laws  of  a  countiy. 
Even  in  cases  of  real  crimes,  the  positive  laws  fre- 
quently punish  only  the  pertieakr  oflTence,  while 
in  public  opinion  the  ofiender,  even  after  he  has 
undei^ne  punishment,  is  still  incapacitated  for 
certain  honours  and  distinctions  which  are  granted 
only  to  persons  of  unblemished  character.  Hence 
the  Roman  censors  might  brand  a  man  with  their 
nota  censoria  in  case  he  had  been  conricted  of  a 
crime  in  an  ordinary  court  of  justice,  and  hod 
already  sufiered  punishment  for  it.  The  conse- 
quence of  such  a  nota  was  only  ^^nommia  and  not 
infamia  (Cic.  de  Rep.  iv.  6)  [Inpaiiia],  and  the 
censorial  verdict  was  not  a  judidnm  or  res  judi- 
cata  (Cic  pro  duent.  42),  for  its  efiects  were  not 
lasting,  but  might  be  removed  by  the  following  cen- 
sors, or  by  a  lex.  A  nota  censoria  was  moreover  not 
valid,  unless  both  censors  agreed.  The  iffnominia 
was  thus  only  a  transitory  capitis  diminutio,  which 
does  not  even  appear  to  have  deprived  a  magis- 
trate of  his  office  (Liv.  xxiv.  18),  and  certainly 
did  not  disqualify  persons  labouring  under  it  for 
obtaining  a  magistracy,  for  being  appointed  as 
jttdices  %  the  praetor,  or  for  serving  in  the  Roman 
armies.  Mam.  Aemilins  was  thus,  notwithstand- 
8  4 


^9i  CENSOR. 

ing  the  animadrenio  censoria,  made  dictator.  (Liv. 

ir.  31.) 

A  peiBOD  might  be  bxanded  with  a  oensorial 
nota  in  a  variety  of  csms,  which  it  would  be  im- 
poasible  to  specify,  aa  in  a  p«at  many  inatancet  it 
depended  upon  the  discretion  of  the  censors  and 
the  riew  they  took  of  a  case ;  and  sometimes  even 
one  set  of  censors  wonld  overlook  an  offence  which 
was  severely  chastised  by  their  soccessors.  (Cic 
de  Sened.  12.)  But  the  offmces  which  are  re- 
corded to  have  been  punished  by  the  censors  are 
of  a  threefold  nature. 

1.  Such  as  occurred  in  the  private  life  of  indi^ 
viduals,  e.ff,  (a)  Living  in  celibacy  at  a  time 
when  a  person  ought  to  be  married  to  provide  the 
state  with  citizens.  (Val.  Max.  il  9.  $  1.)  The 
obligation  of  manyinf  was  firequentlv  impressed 
upon  the  citizens  by  the  censon,  and  the  refusal  to 
fulfil  it  was  punished  with  a  fine  [Ass  Uxorium], 
(6)  The  dissolution  of  matrimony  or  betrothment  in 
an  improper  way,  or  for  insuificient  reasons.  ^Val. 
Kax.  il  9.  §  2.)  (e)  Improper  conduct  towards 
one*s  wife  or  children,  as  well  as  harshness  or  too 
great  indulgence  towards  children,  and  disobedi- 
ence of  the  latter  towards  their  parents.  (Pint 
Cat  Maj,  17  ;  compare  Cic  de  Rep.  iv.  6 ;  Dionys. 
XX.  3.)  (d)  Inordinate  and  luxurious  mode  of 
living,  or  an  extravagant  expenditure  of  money. 
A  great  many  instances  of  this  kind  are  recorded. 
(Liv.  EpiL  14,  xxzix.  44  ;  Plut  Oai,  Maj.  18  ; 
Oellius,  iv.  8  ;  VaU  Max.  il  9.  §  4.)  At  a  later 
time  the  leges  sumtuariae  were  made  to  check  the 
growing  love  of  luxuries,  (e)  Neglect  and  care- 
lessness in  cultivating  one^s  fields.  (OelL  iv.  12  ; 
Plin.  H.  N,  xviii.  3.)  (/)  Cruelty  towards  slaves 
or  clients,  (Dionys.  xx.  3.)  {g)  The  carrying  on 
of  a  disreputable  trade  or  occupation  (Dionys.  /.  c), 
such  as  acting  in  theatres.  (Liv.  vii.  2.)  (h)  Le- 
gacy-hunting, defrauding  orphans,  &c. 

2.  Offences  committed  in  public  life,  either  in 
the  capacity  of  a  public  officer  or  against  magis- 
trates, (a)  If  a  magistrate  acted  in  a  manner  not 
befitting  hu  dignity  as  an  officer,  if  he  was  acces- 
sible to  bribes,  or  forged  auspices.  (Cic.  de  Sened, 
12  ;  Liv.  xxxiz.  42  ;  Val.  Max.  ii.  9.  §  3  ;  Plut. 
Cat,  Mqi'  17  ;  Cic.  de  Divin.  I  16.)  (6)  Im- 
proper  conduct  towards  a  magistrate,  or  the  attempt 
to  limit  his  power  or  to  abrogate  a  law  which  the 
censors  thought  necessary.  (Liv.  iv.  24  ;  Cic  de 
Orat.  il  64 ;  VaL  Max.  il  9.  §  5  ;  Oellius,  iv.  20.) 
(c)  Perjury.  (Cic  de  Qf.  113;  Liv.  xxiv.  18  ; 
Goll.  vil  18.)  (d)  Neglect,  disobedience,  and 
cowardice  of  soldiers  in  the  army.  (Val.  Max.  il  9. 
§  7 ;  Liv.  xxiv.  18,  xxvii.  1 1.)  (e)  The  keeping  of 
the  equus  publicus  in  bad  condition.  [Equitb&J 

3.  A  variety  of  actions  or  pursuits  which  were 
thought  to  be  injurious  to  public  morality,  might 
be  forbidden  by  the  censon  by  an  edict  (Oellius, 
XV.  11),  and  those  who  acted  contrary  to  such 
edicts  were  branded  with  the  nota  and  degraded. 
For  an  enumeration  of  the  offences  that  might  be 
punished  by  the  censors  with  ignominia,  see  Nie- 
buhr,  Hisi,  ofRome^  vol  il  p.  399,  &c 

The  punishments  inflicted  by  the  censors  gene- 
rally differed  according  to  the  station  which  a  man 
occupied,  though  sometimes  a  person  of  the  highest 
rank  might  sufJFer  all  the  punishments  at  once,  by 
beug  degraded  to  the  lowest  class  of  citizens.  But 
they  are  generally  divided  into  four  chuses :  — 

1.  Motio  Gt^edio  etemfUu^  or  the  exclusion  of  a 
man  from  the  number  of  senators.    This  punish- 


CENSOR. 
ment  might  either  be  a  simple  exclusion  from  tlu 
list  of  senators,  or  the  person  might  at  the  same 
time  be  excluded  from  tne  tribes  and  degraded  to 
the  rank  of  an  aerarian.  (Liv.  xxiv.  18.)  The 
latter  course  seems  to  have  been  seldom  adopted  ; 
the  ordinary  mode  of  inflicting  the  punishment  was 
simply  this :  the  censon  in  their  new  lista  omitted 
the  names  of  such  senaton  as  they  wished  to  ex- 
clude, and  in  reading  these  new  lists  in  public, 
passed  over  the  names  of  those  who  were  no  longer 
to  be  senators.  Hence  the  expression  praeiipriti 
eematoree  is  equivalent  to  e  eatatm  geetL  (Liv. 
xxxviil  28,  xxvil  11,  xxxiv.  44  ;  Feat.  «.  c. 
Praeteriti,)  In  some  cases,  however,  the  censors 
did  not  acquiesce  in  this  simple  mode  of  proceed^ 
ing,  but  addressed  the  senator  whom  they  had 
noted,  and  publicly  reprimanded  him  for  his  con- 
duct. (Liv.  xxiv.  18.)  As,  however,  in  ordinary 
cases  an  ex-senator  was  not  disqualified  by  his 
ignominia  for  holding  any  of  the  magistraciea  which 
opened  the  way  to  the  senate,  he  might  at  the  next 
census  again  become  a  senator.  (Cic  pro  dmaU, 
42,  Plut  Cfc.  17.) 

2.  The  adempHo  egtn^  or  the  taking  aw«y  the 
equus  publicus  from  an  equen  This  panizhmeDt 
might  likewise  be  simple,  or  combined  with  the  ex- 
clusion from  the  tribes  and  the  degradation  to  the 
rank  of  an  aerariaiu  (Liv.  xxiv.  18,  43,  xxvil 
11,  xzix.  37,  xliil  16.)    [EaurrBS.] 

3.  The  mo^to  e  trUm^  or  the  exduston  of  a  person 
from  his  tribe.  This  punishment  and  the  degra^ 
dation  to  the  rank  of  an  aerarian  were  originally 
the  same  ;  but  when  in  the  course  of  time  a  dis- 
tinction was  made  between  the  tribus  rusticae  and 
the  tribus  urbanae,  the  motio  e  tribu  tranafeired  a 
person  from  the  rustic  tribes  to  the  less  respectable 
city  tribes,  and  if  the  further  degradation  to  the 
rank  of  an  aerarian  was  combined  with  the  motio 
e  tribu,  it  was  always  expressly  stated.  (Liv.  xlv. 
15;Plin.fr.iV.  xviil3.) 

4.  The  fourth  punishment  waa  called  re/em  in 
aerarhe  (Liv.  xxiv.  18  ;  Cic.  pro  CXitemt.  43)  or 
faoBTe  aliquem  aerarium  (Liv.  xxiv.  43),  and  might 

be  inflicted  on  any  person  who  was  thought  by 
the  censon  to  deserve  it  [Abrarzi.]  This  de- 
gradation, properly  speaking,  included  all  the 
other  punishments,  for  an  eques  could  not  be  made 
an  aerarins  unless  he  was  previously  deprived  of 
his  horse,  nor  could  a  member  of  a  rustic  tribe  be 
made  an  aerarius  unless  he  was  previously  excluded 
from  it     (Liv.  iv.  24,  xxiv.  18,  &c) 

A  person  who  had  been  branded  with  a  nota 
censoria,  might,  if  he  considered  himself  wroi^^cd, 
endeavour  to  prove  his  innocence  to  the  censon 
(ooMtam  agere  apud  oenaores^  Varr.  de  Re  Rust.  I 
7),  and  if  he  did  not  succeed,  he  might  try  to  gain 
the  protection  of  one  of  the  censors,  that  he  might 
intercede  on  his  behal£ 

IIL  Thb  Administration  op  thb  Finances 
OF  THB  Statb,  was  another  part  of  the  censon* 
office.  In  the  fint  place  the  trSmhimf  or  property- 
tax,  had  to  be  paid  by  each  citizen  according  to  the 
amount  of  his  properU  registered  in  the  census,  and, 
accordingly,  the  regulation  of  this  tax  naturally  fell 
under  the  jurisdiction  of  the  cens<ns.  (Comp.  Liv. 
xxxix.  44)  [Tributum.]  They  also  had  the 
superintendence  of  all  the  other  revenues  of  the 
state,  the  vedigaHa^  such  as  the  tithes  paid  far  the 
public  lands,  the  nit  works,  the  mines,  the  cus- 
toms, &c  [Vbctioalia.]  All  these  branches  of 
the  revenue  the  censon  were  accustomed  to  let  out 


CENSOR. 

to  tfe  Iqgieit  Udder  fer  the  space  of  alnttmnior 
&Tt  jen  The  act  of  fetting  wu  called  vmiitio 
cr  keaA,  mad  weeoM  to  have  taken  place  in  the 
Bdoth  of  March  (HacnbL  Sal.  I  12),  in  a  poUic 
place  A  JRame  (Ci&  ^  Xe^  Agr.  L  3,  ii.  21). 
The  tenas  en  which  thej  were  let,  together  with 
the  rifha  and  duties  of  the  porchasen,  were  all 
^Kdfied  is  the  iepet  omaotiaey  which  the  censors 
pabfished  in  rreiy  case  beftice  the  bidding  com- 
aeaced.  (CS&  oc^  ^  /V.  I  1.  §  12,  Fstt.  ili.  7, 
d>  A'et  /3tor.  iiL  19,  Vaic  <£s  i£s  Rmt.  a  1.) 
Fcr  farther  pazticnlais  see  Publican].  The  oen- 
son  also  pnascaseid  the  r^t,  thoq^  probably  not 
»  coocaiience  of  ^e  senate,  of  imposing 
(LdT.  zzix.  37,  zL  B\\  and  OTen 
ef  seOiag  the  hmd  belonging  to  the  state  (LiT. 
zxxa.  7).  It  would  thus  appear  that  it  was  the 
dntf  of  the  oenacn  to  bring  ferward  a  budget  for 
a  iastna,  and  to  take  care  that  the  income  of  the 
tttte  'vaa  anlBcient  ftr  its  ezpenditare  daring  that 
0D&  So  fiw  their  dntiea  resembled  those  of  a 
insdua  nriiristw  of  iinaaee.  The  eensors,  how- 
CTE^  did  Bot  nceive  the  revenues  of  the  state. 
All  the  panic  noocj  was  paid  into  the  aerarium, 
vkieh  waa  entiiefy  under  the  jurisdiction  of  the 
Koate ;  and  aQ  ^sbnrseoicnts  were  made  b j  order 
of  this  body,  which  employed  the  quaeston  as  its 
dhcefs.    [AutAaivM ;  SsNATca.] 

In  one  iasportant  department  the  oenaors  were 
otraated  with  the  ezpenditaie  of  the  public  money ; 
thoagh  the  actifld  payments  were  no  doubt  made  by 
the  quaeaton^     The  eensors  had  the  general  super- 
tntnidfnce  c^  all  the  public  buildings  and  woriu 
(«pera^«Ujca) ;  and  to  meet  the  expenses  connected 
vith  tUapazt  of  their  dutica,  the  senate  Yoted  them 
a  certain  sum  of  money  or  certain  rcTennes,  to  which 
they  mxe  restricted,  but  which  they  misht  at  the 
MBut  tmae  wnploy  according  to  their  discretion. 
(Polyh.  Ti  13  ;  LiT.  zL  46,  zlir.  16.)    They  had 
tB  ne  that  the  temples  and  all  other  public  build- 
isp  were  in  a  good  state  of  repair  {atdu  menu 
^tri  and  sar«»  toeto  egigeny  Lir.  zziT.  18,  xzix. 
37,  xfiL  3,  zIt.  15X  that  no  public  places  were  en- 
crooched  i^on  by  the  occupation  of  private  persons 
{iu»  Imriy  Llr.  zliL  3,  zliiL  16),  and  that  the 
aqaaedBcta,  roads,  drains,  &&  were  properly  at- 
tended ilk     [Aqoabductus  ;  ViAS ;  Cloacab.] 
The  repairs  of  the  public  works  and  the  keeping 
•f  them  in  pnper  condition  were  let  out  by  the 
nsors  by  paUic  auction  to  the  lowest  bidder,  just 
u  the  aarfyrlb  were  let  out  to  the  highest  bidder. 
These  espenaes  were  called  mltrainbuia ;  and  hence 
we  freqaaitly  find  ffeetipaUa  and  idtratrilmta  oon- 
ttatted  with  one  another;     (Lir.  tttjt.  44,  zliiL 
1&)    The  persons  who  undertook  the  oontmct 
wen  csfled  eoadaetoraa,  laoao^pe^  redemptom^  tuM- 
ofpbret,  &C. ;  and  the  duties  Uiey  had  to  discharge 
vere  specified  in  the  £43^  Gmsothul    The  censors 
had  abo  to  superintend  the  expenses  connected 
vith  ^  wonhip  of  the  gods,  eren  for  instance  the 
iecdiag  of  the  saered  geese  in  the  C^itol,  which 
were  also  let  out  on  contract     (Plot  QfiaesL  Rom. 
»8;  Plin.  £r.  M  z.  22  ;  Cic  pro  R090.  Am.  20.) 
Beades  keeping  existing  public  works  in  a  proper 
ttue  of  repair,  the  censors  also  constructed  new 
ooeS)  cither  fiir  omainent  or  utility,  both  in  Rome 
b4  in  other  parts  of  Italy,  such  as  temples, 
haiSicae,  theatres,  porticoes,  fora,  walls  of  towns, 
a^nedarta,  haiboura,  hridgea,  doacae,  roads,  &c 
Tlicae  vvks  wcse  either  perlixmed  by  them  jointly, 
or  they  diTided  between  them  the  money,  which 


CENSOR. 


265 


had  been  granted  to  them  br  the  senate.  (Liv. 
xl.  5 1,  xUt.  16.)  They  were  let  out  to  contracton, 
like  the  other  works  mentioned  above,  and  when 
they  were  completed,  the  censors  had  to  see  that 
the  work  was  performed  in  accordance  with  the 
contract :  this  was  called  cptu  probart  or  tn  ocoqp- 
ten  refem.  (Cic.  Verr.  i  57  ;  Liy.  iy.  22,  zlr. 
15 ;  Lex  PuteoL  p.  73,  Sfaag.) 

The  aedilea  had  likewise  a  superintendence  orer 
the  public  buildings  ;  and  it  is  not  easy  to  define 
with  accuracy  the  lespeetiTo  duties  of  the  censosa 
and  aediles :  but  it  may  be  remarked  in  general 
that  the  superintendence  of  the  aediles  had  mors 
of  a  police  character,  while  that  of  the  censon  had 
reference  to  all  financial  matters. 

AAer  the  censon  had  perlbrmed  their  varioua 
dutiea  and  taken  the  census,  the  Iki6imi  or  sokaui 
purification  of  the  people  fi»llowed.  When  the 
censon  entered  upon  their  office,  they  drew  lots  to 
see  which  of  them  should  perfium  this  purification 
(Imatnam/keen  or  eomdmv^  Varr.  £.  ^  Ti  86  ;  Liv. 
rxix.  37,  zzzT.  9,  zzzrilL  36,  xlii.  10)  ;  but  both 
eenson  wise  obliged  of  course  to  be  pnaent  at  the 
ceremony.     [Lubtbum.] 

In  the  Roman  and  Latin  colonies  and  in  the 
munidpia  there  were  censors,  who  likewise  bore 
the  name  of  ^mqmeiuiale$.  They  are  spoken  of 
under  Colonul 

A  census  was  sometimes  taken  in  the  proTinces, 
eren  under  the  republic  (Cic  ferr.  ii.  53, 56)  ;  but 
there  seems  to  hare  been  no  general  census  taken 
in  the  provinces  till  the  time  of  Augustus.  This 
emperor  caused  an  accurate  account  to  be  taken  of 
all  persons  m  the  Roman  dominion,  together  with 
the  amount  of  their  property  {Ev.  Zaooe,  iL  1,  2  ; 
Joseph.  Ant.  Jud.  zrii.  13.  §  5^  xviiL  1.  §  1. 
2.  §  1.)  ;  and  a  similar  census  was  taken  from  time 
to  time  by  succeeding  emperors,  at  fint  every 
ten,  and  subsequently  every  fifteen  years.  (Sa- 
vigny ,  Romiaeke  Stemerverfiu$m»g^  in  Zeti$ekr{/^  voL 
vi.  pp.  375 — 383.)  The  emperor  sent  into  the 
provinces  espedal  officen  to  take  the  census,  who 
were  called  Ceimiore$  (Dig.  50.  tit.  15.  s.  4.  §  I ; 
Casaiod.  Far.  ix.  11  ;  Orelli,  In$or.  No.  3652) ; 
but  the  duty  was  sometimes  discharged  by  the  im- 
perial legati  (Tac.  Ann.  I  31,  ii  6.)  The  Cbut- 
tons  were  assisted  by  subordinate  officers,  called 
CamuUea^  who  made  out  the  lists,  dec.  (CapitoL 
Gordian.  12  ;  Symmach.  j^.  x.  43  ;  Cod.  Theod. 
8.  tit  2.)  At  Rome  the  census  still  continued  to 
be  taken  under  the  empire,  but  the  old  ceremonies 
connected  with  it  were  no  longer  continued,  and  the 
ceremony  of  the  lustration  was  not  performed  after 
the  time  of  Vespasian.  The  two  great  jurists, 
Paolns  and  Ulpian,  each  wrote  works  on  the 
census  in  the  imperial  period ;  and  several  extracts 
from  these  works  are  given  in  a  chapter  in  the 
Digest  (50.  tit  15),  to  which  we  must  refer  our 
rei^en  for  further  details  reelecting  the  imperial 


The  word  oentas,  besides  the  meaning  of"  valua* 
tion  "  of  a  person's  estate,  has  other  significations, 
which  must  be  briefly  mentioned :  1.  It  signified 
the  amount  of  a  perwin's  property,  and  hence  we 
read  of  een$a$  aenatoHua^  the  estate  of  a  senator ; 
eensMi  aquutrit^  the  estate  of  an  eques.  2.  The  lists 
of  the  censors*  3.  The  tax  which  depended  upon 
the  valuation  in  the  census.  The  Lexicons  will 
supply  examples  of  these  meanings. 

(A  considerable  portion  of  the  preceding  artide 
has  been  taken  from  Becker^s  excellent  account 


266 


CENSUS. 


of  the  ceofonhip  in  his  HandlmA  der  Somiteken 
Alterthumery  vol.  ii  part  ii.  p.  191.,  &c  Compare 
Niebuhr,  History  o/Rome^  toI.  ii  p.  397  ;  Arnold, 
History  of  Rcme^  Yol.  L  p.  346,  &c ;  Oottling, 
Homische  Staatsverfiusunpy  p.  328,  &c. ;  Oerlach, 
Die  Bomisch*  Cemsur  in  tkrem  Verkahtdsse  xur 
Verfussimg^  Basel,  1842  ;'  Duieau  de  la  Malle, 
SeononmPoUtiquedesBomains,  toL  L  p.  159,  &c) 
CENSUS.— 1.  Grsbk.— The  Greek  term  for 
a  man'f  property  ai  ascertained  hj  the  cenaos,  as 
well  as  for  the  act  of  ascertaining  it,  is  rlfitifut. 
The  only  Greek  state  concerning  whose  arrange- 
ment of  the  census  we  have  any  satisfactory  in- 
formation, is  Athens  ;  for  what  we  know  of  the 
other  states  is  only  of  a  firagmentaiy  nature,  and 
does  not  enable  us  to  form  an  accurate  notion  of 
their  census.  Preyious  to  the  time  of  Solon  no 
census  had  been  instituted  at  Athens,  as  a  citizen^ 
rights  were  always  determined  by  birth  ;  but,  as 
Solon  substituted  property  for  birth,  and  made  a 
dtizen^s  rights  and  duties  dependent  upon  his  pro- 
perty, it  became  a  matter  of  necessity  to  ascertain 
by  a  general  census  the  amount  of  the  property  of 
the  Athenian  citizens.  According  to  his  census, 
all  citizens  were  divided  into  four  classes:  1. 
n§yTeuctMriofUBifUfotj  or  persons  possessing  landed 
property  which  jiielded  an  annual  income  of  at 
least  500  medimni  of  dry  or  liquid  produce.  2. 
*lTTCis,  i.  e.  knights  or  persons  able  to  keep  a 
war-horse,  were  those  whose  lands  yielded  an  an- 
nual produce  of  at  least  300  medimni,  whence 
they  are  also  called  rptcacoa'iofiihfufoi,  3.  Zcv- 
ytrcuy  L  e.  persons  able  to  keep  a  yoke  of  oxen 
(^ciryof),  were  those  whose  annual  income  con- 
sisted of  at  least  150  medimni.  4.  The  S^Tct 
contained  all  the  rest  of  the  free  population,  whose 
income  was  below  that  of  the  Zeugitae.  (Plut 
Sol.  18,  and  the  Lexicographers,  s,w,)  These 
classes  themselves  were  called  rifjufiftara  ;  and  the 
constitution  of  Athens,  so  long  as  it  was  basedi 
upon  these  classes,  was  a  tiraocracy  (rifAOKparia  or 
dT^  rifirif»dr»y  voAiTcfa).  The  highest  magistracy 
at  Athens,  or  the  archonshio,  was  at  Ent  ac- 
cessible only  to  persons  of  the  first  class,  until 
Aristides  t^w  all  the  state  offices  open  to  all 
classes  indiscriminately.  (Plut  J  m^.  1,22.)  The 
maintenance  of  the  republic  mainly  devolved  upon 
the  first  three  classes,  the  last  being  exempted  from 
all  taxes.  Sometimes  we  indeed  find  mention  of  a 
drrruchy  WXof,  and  the  expression  drrriKhy  rcXcty, 
to  pay  the  tax  of  i^ss  (Dem.  e.  Ma4sart.  p.  1067; 
Bekker,  Aneod.  Cfraee.  p.  261  ;  Etym.  M.  s. «.)  ; 
but  this  cannot  be  understood  of  a  special  tax 
which  the  fourth  class  had  to  pay,  but  must  be  ex- 
plained in  a  more  general  sense,  for  t4\os  rtkuy 
means  generally,  to  perform  the  duties  arising  out 
of  persons  being  connected  with  one  or  other  of  the 


In  regard  to  the  duties  which  the  above-men- 
tioned census  imposed  upon  the  first  three  of  the 
classes,  we  must  distinguish  certain  personal  obli- 
gations or  liturgies  (\Mroupyiai)  which  had  to  be 
performed  by  individuals  according  to  the  chiss  to 
which  they  belonged  [Lbiturgiab],  and  certain 
taxes  and  burdens  which  were  regulated  according 
to  the  classes  ;  so  that  all  citizens  belonging  to  the 
same  class  had  the  same  burdens  imposed  upon 
them.  As  the  land  in  the  legislation  of  Solon  was 
regarded  as  the  capital  which  yielded  an  annual 
income,  he  regulated  his  system  of  taxation  by  the 
value  of  the  loud  which  was  treated  as  the  taxable 


CENSUS. 

capital.    There  is  a  passage  in  Polhtx  (viiL   I  ^ 
132)  in  which  he  says  that  a  pentaoosiomedimzi 
expended  one  talent  on  the  public  acoount,  a  Inr^ 
thirty  minae,  and  a  C^vyin^s  ten  minaa     Now  tl 
seems  to  be  impossible ;  far,  as  Solon  (Pfaxt.  S^ 
23)  reckoned  the  medimnus  of  dry  produce  st  oi 
drachma,  we  must  suppose  that  a  member  of  tl 
first  class  was  reckoned  to  have  an  axmoal  ineom 
of  500  drachmae,  or  the  twelfth  port  of  a  talezj 
But  the  difficulty  may  be  solved  in  this  maoxM^ 
The  valuation  which  Solon  put  upon  the  land  of  & 
Athenian  citizen  was  in  reality  neither  the   rei 
value  of  the  property,  nor  the  amount  of  the  pn^ 
perty  tax,  but  only  a  certain  portion  oi  the   zed 
property  which  was  treated  as  the  taxable  capitsi 
Solon  in  his  census  ascertained  a  person^  huade\ 
property  from  its  net  annual  produce  ;  and    th 
number  of  mfldimni  which  it  was  supposed  to  pr<j 
duce  were  reckoned  as  so  many  drachmae.      Bm 
the  produce  was  probably  not  calculated    highd 
than  was  done  when  the  estate  was  let  oat  to  fitmi 
The  rent  paid  by  a  fiumaer  was  probably  not  nraci 
more  than  eight  per  cent,  as  it  was  in  the  time  d 
Isaeus.     (De  Magn,  Hered,  §  42.)     Now,  if  wi 
suppose  that  in  the  tune  of  Solon  it  was  8|  jk\ 
cent,  the  net  produce  of  an  estate  was  exactly  ^  o| 
the  value  of  the  property,  and  accordingly  die  valu^ 
of  the  property  of  a  person  belonging  to  Uie  firsi 
cbss  was  one  talent ;  in  the  second,  3600  drach/me  j 
and  in  the  third,  1800  diachmae.    Solon,  in  taxing 
the  citizens,  was  wise  enough  to  see  that  the  Bam€l 
standard  could  not  be  applied  to  all  the  three  classes^ 
for  the  smaller  a  person^  income  is,  the  smaller 
ought  to  be  the  standard  of  taxation.  Aoooiding'lT, 
a  person  belonging  to  the  first  class,  being  the 
wealthiest,  had  to  pay  a  tax  of  bis  entire  property, 
while  only  a  portion  of  the  property  of  the  persons 
belonging  to  the  two  other  classes  was  regarded  sn 
taxable  capital  ;  viz.  persons  of  the  second  paid  the 
tax  only  of  ^  and  persons  of  the  third  dass  only  of 
I  of  their  property.     Lists  of  this  taxable  property 
(iroypo^  were  kept  at  first  by  the  naucrari, 
who  also  had  to  conduct  the  census  (Uesych.  s,  r. 
vaiKKapos\  and  afterwards  by  the  demaxchi  (Ilar- 
pocrat  s,  tj.  5^/iapxo»)«   As  property  is  a  flnctoatin? 
thing,  the  census  was  reposed  from  time  to  timc% 
but  the  periods  differed  in  the  various  parte  of 
Greece,  for  in  some  a  census  was  held  every  year, 
and  in  others  every  two  or  fi>ur  years.     (Atistot; 
PoHt.  V.  8.)     Every  person  had  conscientiottsly  to 
state  the  amount  of  his  property,  and  if  there  was 
any  doubt  about  his  honesty,  it  seems  that  a  counter- 
valuation  {kmnlfjoiais)  might  be  made.     Now, 
supposing  that  all  the  taxable  capital  of  the  Athe- 
nian citizens  was  found  to  be  3000  talents,  and 
that  the  state  wanted  60  talents,  or  j^  part  of  it, 
each  citizen  had  to  pay  away  ^  port  of  his  tax- 
able property  ;  that  is,  a  person  of  the  first  class 
paid  120  drachmae  (the  50th  port  of  6000),  a  per- 
son  of  the  second,  60  drachmae  (the  50th  port  of 
3000),  and  a  person  of  the  third  dass,  20  drachmae 
(the  50th  part  of  1000).     It  is,  however,  not  im- 
probable that  persons  belonging  to  the  same  class 
had  to  pay  a  different  amount  of  taxes  according 
as  their  property  was  equal  to  the  minimum  or 
above  it ;  and  Bockh,  in  his  PuUic  Eeonamy  of 
Atftens,  has  made  out  a  table,  in  which  each  class 
is  subdivided  into  three  sections. 

This  system  of  taxation  according  to  classes, 
and  based  upon  the  possession  of  produstive  estates, 
underwent  a  considerable  change  in  the  timo  of  the 


CENTUMVJKI. 

Ptjaponncaamwr,  tboi^  the  diTukins  into  daises 
tbeDschret  ooaiimied  to  be  obserred  fior  a  onuider- 
aHe  time  after.  Am  the  wanU  of  the  republic  in- 
cKased,  and  ai  Baiijr  dtiaeDt  were  pofiteaaed  of 
kigs  pnpotf  withoui  being  landed  proprietory 
the  anginal  land-tax  waa  cfattiged  into  a  property- 
OL  La  tliia  naancr  we  moat  explain  the  proposal 
cf  Eanpidei,  ahortlj  befiore  &  a  393,  to  raiae  500 
Ciienu  bj  iBpoaiqg  a  tax  of  one  fiutieth  part. 
(AnaSdftk  £r«feaL  823,  &c>  For  the  taxable 
capital,  m.  20,000  talenta,  far  exoeeda  the  amoont 
cf  ill  the  landed  property  in  Attica.  Thia  property 
tax,  vkich  vaa  anbititnted  for  the  knd  tax,  waa 
oLed  «(0f^  cooeeniing  which  aee  Eisphoriu 
Cispaze  LsTvafiiAX ;  luid  for  the  taxea  paid  by 
mid£!]ta]ieoa,MxTOiCL  (BSdfii,  PmbL  Eetm.  <^ 
Jiira,p4SS,&&,2dedit.) 
t  RoauK.    [CKK80&.  j  [L.  S.] 

CENTE'SIHA,  namely  party  or  the  hundredth 
part,  aho  called  veetij^  rerum  venaliumj  or  em- 
u«m  renm  «aa/wna»  waa  a  tax  of  one  per  cent. 
lr>^  at  Aome  and  in  Italy  npon  all  gooda  that 
ven  exposed  for  public  aale  at  anctiona.  It  waa 
Cilinted  bj  peiaons  called  ooaetores.  (Cic.  ad 
M^  18,  jm»  Jbdmr.  PotL  11 ;  Dig.  1.  tit  16. 
iir.  §2.)  Thia  tax,  aa  Tadtna  {Ann,  i.  78) 
KTi,  vu  introdaeed  after  the  civil  wara,  though 
ha  beiof  mentaoned  by  Cicero  ahowa,  that  these 
ciril  %^a  cannot  have  been  those  between  Octa- 
liac  aad  Antony,  bat  nniat  be  an  earlier  civil 
V21,  perkapa  that  between  Marina  and  Sulla.  Its 
pfodoce  VM  aasigned  by  Augustna  to  the  aero- 
rm  milHan,  Tiberius  reduced  the  tax  to  one 
kaif  per  cent  (dadntoaaia),  after  he  had  changed 
Ctnadoda  into  a  prorince,  and  had  thereby  in- 
cn^  the  reremte  of  the  empire.  (Tac  Ann.  ii 
42.)  Calignla  in  the  b^inning  of  hia  reign 
iUJAd  the  tu  altogether  for  Italy,  aa  ia  at- 
tested hj  Svtaniaa  (Cb%.  16)  and  also  by  an 
iccent  medal  of  Caligula  on  which  we  find  C.  C.  R. 
(i-e.^WBfes»amin88a.)  But  Dion  Caasius  (l?iii. 
16),  wW  aathority  on  this  point  cannot  outweigh 
tkt  cf  Seetoaiua  and  Tacitua,  atatea  that  Tiberiua 
'Scieaied  the  rfaoarfgatma  to  a  eentedmoj  and  in 
ssMfaer  psange  he  agreea  with  Soetoniua  in  stating 
tl  at  Cabala  aboliahed  it  altogether  (lix.  9 ;  comp. 
Boaaaa,  Db  Veetiff.  Pop.  Ram.  p.  70).  [L.  S.] 
CLNTESIMAB  USU'RAB.  [FaNua] 
CENTU'MYIRL  The  origin,  constitution,  and 
P««a3  of  the  court  of  centumTiri  are  exceedingly 
b^)me,aiid  it  seema  almost  impoasible  to  com- 
pile ud  PNiaicile  the  Tarious  paasagea  of  Roman 
vrjen,  ao  ai  to  present  a  aatisfibctory  riew  of  this 
»i'j«ct.  The  eaaay  of  Hofiweg,  Uher  die  Com- 
y^as,  ia  CMHRCcra^^encto  {ZeitmAr^  &c^  t. 
^i),  and  the  eaaay  of  Tigeratrijm,  De  JndieUms 
'W  Romanot,  contain  all  Uie  anthoritiea  on  this 
Kasa;  bat  theae  two  easaya  do  not  agree  in  all 
tkir  oaodBttma 

Tbe  centomriri  were  judices,  who  reaembled 
^^  JQdicca  in  thia  respect,  that  they  decided 
caiei  coder  the  aathority  of  a  magistratns ;  but 
^  diftred  from  other  jndices  in  being  a  definite 
^I  w  coDegiom.  This  collegium  seema  to  have 
^  divided  into  four  porta,  each  of  which  aome- 
jw«  mby  itictt  The  origin  of  the  court  is  un- 
u»«ni ;  bat  it  is  cotainly  prior  to  the  Lex  Aebutia, 
*^  pat  an  end  to  the  legis  actiones,  except  in 
^  natter  of  JXnminm  Infectnm,  and  in  the  causae 
«»*™yinl«a.  (Gaiua,  iT.  81 ;  Gell.  xvi  10.) 
Afiogcding  to  Festns   (a.  CkntmmnnUia  Judidajy 


CENTUMVIRI. 


267 


three  were  choaen  out  of  each  tribe,  and  < 
quently  the  whole  number  oat  of  the  85  tribea 
would  be  105,  who,  in  round  numbers,  were  called 
the  hundred  men ;  and  aa  there  were  not  35  tribea 
till  B.  a  241,  it  haa  been  sometimes  inferred  that 
to  this  time  we  must  assisn  the  origin  of  the  cen- 
tumriri.  But,  aa  it  haa  been  remarked  Vf  Holl- 
weg,  we  cannot  altogether  rely  on  the  authority  of 
Festus,  and  the  condusion  so  drawn  from  hia  state* 
ment  is  by  no  means  necessary.  If  the  oentomviri 
were  choaen  from  the  tribes,  this  seema  a  strong 
presumption  in  fitvour  of  the  high  antiquity  of  the 
court. 

The  proceedings  of  this  court,  in  ciril  i 
were  per  legis  actionem,  and  by  the  i 
The  process  here,aa  in  the  other  judida  privata,  con- 
sisted of  two  parts,  m  jtra,  or  before  the  praetor, 
and  M  jndidoy  or  before  the  centumyiri.  The 
praetor,  however,  did  not  instruct  the  eentumriri 
by  the  formula,  aa  in  other  cases,  which  is  frirther 
explained  by  the  foct  that  the  praetor  presided  in 
the  judicia  oentnmriralia.     (Plin.  £p,  t.  21.) 

It  seems  pretty  dear  that  the  powers  of  the  cen- 
tomviri  were  limited  to  Rome,  or  at  any  rate  to 
Italy.  HoUweg  maintaina  that  their  powers  were 
also  confined  to  civil  matters ;  but  it  is  impossible 
to  reconcile  this  opinion  with  some  passages  (Grid, 
Dritt.  iL  91 ;  Phaedr.  iiL  10,  35,&c.),  from  which 
it  appears  that  crimina  came  imder  their  cogni- 
zance. The  substitution  of  osrf  for  atf  in  the  passage 
of  Quintilian  {Ind.  Oral.  ir.  1.  §  57),  even  if 
supported  by  good  MSS.  aa  Hollweg  affirms,  can 
hairdly  be  defnided. 

The  ciril  matters  which  came  under  the  oogni- 
aance  of  this  court  are  not  completely  ascertained* 
Many  of  them  (though  we  have  no  reason  for  say- 
ing all  of  them)  are  enumerated  by  Cicero  in  a 
well-known  passage  {De  OraL  1 88).  Hollweg  men- 
tions  that  certain  mattera  only  came  under  their 
cognizance,  and  that  other  matters  were  not  within 
their  cognisance ;  and  further,  that  such  matters  as 
were  within  their  cosninnce,  were  also  within  the 
cogniaance  of  a  single  judex.  Hollweg  maintains 
that  actiones  in  rem  or  vindicationes  of  the  old 
dril  law  (with  the  exception,  howerer,  of  actiones 
praejudiciales  or  status  quaestiones)  could  alone  be 
brought  before  the  centnmriri  ;  and  that  neither  a 
personal  action,  one  arising  iirom  contract  or  delict, 
nor  a  status  qnaestio,  is  ever  mentioned  as  a  causa 
centumvixalis.  It  was  the  practice  to  set  up  a 
spear  in  the  place  where  the  centumriri  were  sit- 
ting, and  accordingly  the  word  hasta,  or  hasta  cen- 
tumviralis,  is  sometimes  used  as  equivalent  to  tho 
words  judidum  centumviiale.  (Suet  Oetavum. 
36 ;  QuLintil.  Inst.  Orat.  v.  2.  §  1.)  Tho  spear 
was  a  symbol  of  qniritarian  ownership:  for  ^'a 
man  was  considered  to  have  the  best  title  to  that 
which  he  took  in  war,  and  accordingly  a  spear  is 
set  up  in  the  centtunviralia  judicia.**  (Gfaius,  iv. 
16.)  Such  vras  the  explanation  of  the  Roman 
jurists  of  the  origin  of  an  ancient  custom,  from 
which  it  is  ax^ed,  that  it  may  at  least  be  inferred, 
the  centumvin  had  properly  to  decide  matters  re- 
htting  to  quiritarian  ownenhip,  and  questions  con- 
nect^ therewith. 

It  has  been  already  said  that  the  matters  which 
belonged  to  the  cognizance  of  the  centumviri  might 
also  be  brought  before  a  judex  ;  bat  it  is  conjec- 
tured by  HoUweg  that  this  was  not  the  case  till 
after  the  passing  of  the  AebuUa  Lex.  He  considers 
that  the  court  of  the  centnmriri  was  eat^bUshcd 


268  CEREALIA. 

in  early  times,  for  the  special  purpose  of  deciding 
questions  of  quiritarian  ownership ;  and  the  im- 
portance of  such  questions  is  apparent,  when  we 
consider  that  the  Roman  citiatens  were  rated  ac- 
cording to  their  quiritarian  property,  that  on  their 
rating  depended  their  class  and  century,  and  con- 
sequently their  share  of  power  in  the  public  as- 
semblies. No  private  judex  could  decide  on  a 
right  which  mi^ht  thus  indirectly  affect  the  caput 
of  a  Roman  citizen,  but  only  a  tribunal  selected  out 
of  all  the  tribes.  Consistently  with  this  hypothesis 
we  find  not  only  the  rei  yindicatio  within  the 
jurisdiction  of  the  centumviri,  but  also  the  heredi- 
tatis  petitio  and  actio  confessoria.  HoUw^  is  of 
opinion  that,  with  the  Aebutia  Lex  a  new  epoch  in 
the  history  of  the  centumviri  commences ;  the  legis 
actiones  were  abolished,  and  the  formula  [Actio] 
was  introduced,  excepting,  however,  as  to  the 
eamtae  oerUumviraleg,  (Gains,  iv.  30,  31 ;  GelL  xvi. 
10.)'  The  formula  is  in  its  nature  adapted  only 
to  personal  actions ;  but  it  appears  that  it  was  also 
adapted  by  a  legal  device  to  vindicationes ;  and 
HoUw^  attributes  this  to  the  Aebutia  Lex,  by 
which  he  considers  that  the  twofold  process  was 
introduced :  —  1.  per  1^  actionem  apud  oentum- 
viros ;  2.  per  formulam  or  per  sponsionem  before  a 
judex.  Thus  two  modes  of  procedure  in  the  case 
of  actiones  in  rem  were  established,  and  such 
actions  were  no  longer  exclusively  within  the  juris- 
diction of  the  centumviri. 

Under  Augustus,  according  to  Hollweg,  the 
functions  of  the  centumviri  were  so  for  modified 
that  the  more  important  vindicationes  were  put 
under  the  cognizance  of  the  centumviri,  and  the 
less  important  were  determined  per  sponsionem 
and  before  a  judex.  Under  this  emperor  the  court 
also  resumed  its  former  dignity  and  importance. 
{Dud.  de  Cam.  CorrvpL  Eloq.  c  38.) 

The  younger  Pliny,  who  practised  in  this  court 
(Ep,  ii.  14),  makes  firequent  allusions  to  it  in  his 
letters.  (£^.  i.  5,  v.  1,  ix.  23.)  The  centumviri 
are  mentioned  in  two  excerpts  in  the  Digest  (5. 
tit  2.  s.  13,  17)  and  perhaps  elsewhere  ;  one  ex- 
cerpt is  fi:i)m  C.  Scaevola  and  the  other  from 
Paulus. 

The  foregoing  notice  is  founded  on  Hollweg^s 
ingenious  essay  ;  his  opinions  on  some  points,  how- 
ever, are  hardly  established  by  authorities.  Those 
who  desire  to  investigate  this  exceedingly  obscure 
matter  may  compare  the  two  essays  cited  at  the 
head  of  this  article.  [G.  L.] 

CENTU'RIA.     [COMITIA  ;  EXBRCITUS.] 

CENTURIA'TA  COMFTIA.    [Comitia.] 

CENTU'RIO.    [ExBRCiTus.] 

CENTUSSIS.    [As.] 

CERA  {K7ip6s\  wax.  For  its  employment  in 
pfunting,  see  Picture,  No.  7  ;  and  for  its  ap- 
plication as  a  writing  material,  see  Tabulae  and 

TSSTAMBNTUM. 

CEREA'LIA,  a  festival  celebrated  at  Rome  in 
honour  of  Ceres,  whose  wanderings  in  search  of 
her  lost  daughter  Proserpine  were  represented 
by  women  clothed  in  white,  running  about  with 
lighted  torches.  (Ov.  Fast.  iv.  494.)  During  its 
continuance,  games  were  celebrated  in  the  Circus 
Maximus  (Tacit  Aim.  xv.  53),  the  spectators  of 
which  app^red  in  white  (Ov.  Fast.  iv.  620)  ;  but 
on  any  occasion  of  public  mourning  the  games  and 
festivals  were  not  celebrated  at  all,  as  the  ma- 
trons could  not  appear  at  them  except  in  white. 
(Liv.  xxii.  56,  xxxiv.  6.)   The  day  of  the  Cerealia 


CERTI. 

is  doubtful ;  some  think  it  was  the  idfs  or  \\ 
of  April,  others  the  7th  of  the  same  month,  {i 
Fflrf.  iv.  389.)  [R.W. 

CEREVI'SIA,  CERVI'SIA  (f^s),  ale' 
beer,  was  ahnost  or  altogether  unknown  to  j 
ancient,  as  it  is  to  the  modem  inhabitants 
Greece  and  Italy.  But  it  was  used  yery  gcner^ 
by  the  suirounding  nations,  whose  soil  and  dimi 
were  less  fovoutable  to  the  growth  of  vines  I 
Gallktf  cdixaque  prooineua^  Plin.  H,  N,  zxiL  S 
Theophrast  De  Onuis  Plant,  vi.  11  ;  Diod.  i 
iv.  2,  V.  26  ;  Stmb.  xviL  2.  5  ;  Tacit  Germ.  3 
According  to  Herodotus  (ii.  77),  the  Egrpda 
commonly  drank  **  barley- wine,^  to  which  aui 
Aeschylus  alludes  (U  Kpt$&r  fUOv^  5i^  95 
Pelutiaei  pocala  xj/tki^  Colum.  x.  116).  Diodoi 
Siculus  (I  20,  34)  says,  that  the  Egyptian  b< 
was  nearly  equal  to  wine  in  strength  and  flavc^ 
The  Iberians,  the  Thiacians,  and  Sie  people  in  i 
north  of  Asia  Minor,  instead  of  drinking  their  i 
or  beer  out  of  cups,  phiced  it  before  them  in  a  la^ 
bowl  or  vase  (irpar^p),  which  was  sometimes 
gold  or  silver.  This  being  full  to  the  brim  wj 
the  grains,  as  well  as  the  fermented  liquor,  i 
guests,  when  they  pledged  one  another,  dnnlc  i 
gether  out  of  the  same  bowl  by  stooping  down 
it,  although,  when  this  token  of  finendship  vi 
not  intended,  they  adopted  the  more  refined  laethc 
of  sucking  up  the  fluid  through  tubes  of  cam 
(Archil.  Fraff.  p.  67,  ed.  Liebel ;  Xen.  Anab.  ii 
§  5,  26  ;  Athcn.  i.  28  ;  Virg.  Geory,  uL  SS(^ 
Serv.  ad  Ice.)  The  Suevi,  and  other  norther 
nations,  offered  to  their  gods  libations  of  be« 
and  expected  that  to  drink  it  in  the  presence  a 
Odin  would  be  among  the  delights  of  Valball^ 
(Keysler,  Antiq.  SeptmL  p.  150— 156l)  B^m 
one  of  the  names  for  beer  (Archil.  /.  c ;  Heila 
nicus,  p.  91,  ed.  Sturtz ;  Athen.  x.  67),  secnu  ti 
be  an  ancient  passive  participle,  from  the  vexb  ti 
brew.  fJ.Y.j 

CE'RNERE  HEREDITA'TEM.  [Hkrisl] 

CERO'MA  (K^fmfta)  was  the  oil  mixed  wid 
wax  (ienp6s)  with  which  wrestlen  were  anointed 
After  they  had  been  anointed  with  this  oil,  the) 
were  covered  with  dust  or  a  soft  sand;  wbenc< 
Seneca  {Ep.  57)  says — A  o&rtmaU  mot  h^ 
(&^)  emxpii  in  erypta  NeapoUtama, 

Cooma  also  signified  the  place  where  wrestlen 
were  anointed  (the  daeothesimn^  Vitiuv.  v.  H), 
and  also,  in  hiter  times,  the  place  where  they 
wrestled.  This  word' is  often  used  in  coooection 
with  palaestra  (Plin.  H.  N.  xxxv.  2),  hut  wc  doiio< 
know  in  what  respect  tiiese  places  difiered.  Sene» 
{De  Brev.  ViL  12)  speaks  of  the  ceioma  as « 
place  which  the  idle  were  accustomed  to  ficquent, 
m  order  to  see  the  gymnastic  sports  of  hop.  ^^• 
nobius  {Adv.  Gent.  iii.  23)  inforais  us  that  the 
ceroma  was  under  the  protection  of  "hLeraffj. 
(Krause,  Gymnastik  und  Agonidik  der  Udk»»y 
vol  i.  p.  106,  &c) 

CERTA'MINA-     [Athletak] 

CERTI,  INCERTI  ACTIO,  is  a  nsme  iriii 
has  been  given  by  some  modem  writers  to  tboee 
actions  in  which  a  determinate  or  indctenoinB^ 
sum,  as  the  case  may  be,  is  mentioned  io  th«  i«- 
mula  (comismiiato  certae  pecmMt  vd  ineeria^ 
Gains,  iv.  49,  &c.). 

The  expression  incerta  fonnnla,  which  ocean  in 
Gains  (iv.  54),  implies  a  certa  formala.  With 
respect  to  the  intentio,  it  may  be  called  certa 
when  the  demand  of  the  actor  is  detenoiua^ 


CESTUa 

vkther  it  be  a  eertuB  Udog  that  he  daiiftnda,  or 
z  coaia  ma  of  waaey  (Gania,  it.  45,  47).  The 
istotio  is  incerta  whoi  the  daim  is  not  of  a  de- 
kite  thiqg  or  something;,  but  is  expressed  by  the 
««tU  qmdqmd^  &e.  (Gahia,  iv.  47,  136,  137.) 
If  tb«  intentio  is  ineerta,  the  oondenmatio  most 
b^  hieertk  If  the  mtentio  was  certa,  the  oon- 
dcatostb  might  be  either  certa  or  incerta  (Gains, 
Tf.  50,  51X  la  the  oomptlaUons  of  Justinian, 
wlat  the  expRSsions  inoerti  action  incerta  actio, 
bcensB  jodiidnm  oocnr,  they  specially  apply  to 
tke  actio  ptaesaiptis  toIhs,  which  contained  an 
uieefta  iateiitio  tad  eondemnatio.  (Actio  ;  Sa- 
r.i;sT.  Sgslaty  &C.  ToL  T.  pb  74.)  [O.  L.] 

CERU'CHL    [Navis.] 
KKRUX  (irilpwe).    [Caduceus  ;  Fetialw.] 
CE^IO  BONO'RUM.  [Bonorum  Csssia] 
CE'SSIO  IN  JURE.    [In  Jdrb  Csssia] 
CESTRUM.    [PiCTuaA,  Na  6.] 
CESTU&    1.  The  thongs  or  bands  of  leathw, 
▼kkh  veie  tied  loand  the  hands  of  boxera,  in 
r<nier  tB  render  their  blows  more  powerful    These 
ho^  of  leather,  which  were  called  Ifidrrts^  or 
t^/dvTcs  vMtruco(,  in  Greek,  were  also  frequently 
td  iwnd  the  arm  as  high  as  the  dbow,  as  is 
•boTB  ID  the  following  statue  of  a  boxer,  the 
•nciial  of  which  is  in  &e  Jjcnm  at  Paris.     (See 
rirae,  Mm»U  «L  Sew^  AmL  €t  Mod.  toL  iii  pL 
327.  n.  2042.) 


CETRA. 


269 


Tk  cestu  was  used  by  boxers  from  the  earliest 
^Bo.  When  Epeins  and  Euryalns,  in  the  Iliad 
(ml  684),  prepare  themselTes  for  boxing,  they 
pat  OD  their  hsnds  tbongs  made  of  ox-hide  (i^idr- 
T«s  c^f^rovf  Ms  ieypaiXow)  ;  but  it  should  be 
icoi^lected,  that  the  eestus  in  heroic  times  appears 
t«  hire  eomisted  merely  of  thongs  of  leather,  and 
diiend  matenally  frtnn  the  frightful  wei^Kmi, 
^"^^  vith  lead  and  iron,  wlii<^  were  used  in 
later  tiaei.  The  different  kinds  of  eestus  were 
^  ^  the  Greeks  in  later  times  fUiXlxfu^ 
^(^  Moi,  ff^tuptuy  and  fi^pfuiKts :  of  which 
^  Mt^u.gave  the  softest  blows,  and  the 
f^i^^f  ^  most  serere.  The  futXlxBu,  which 
vere  the  nuii  sndent,  are  described  by  Pansanias 
(nil  40.  f  3)  ss  made  of  raw  ox-hide  cut  into 


thin  pieces,  and  joined  in  an  ancient  manner ;  they 
were  tied  under  the  hollow  or  pahn  of  the  hand, 
leaving  the  fingers  uncovered.  The  athletae  in 
the  ^aestrae  at  Olympia  used  the  fuiXixai  in 
practising  for  the  public  cames  {If^drrtuf  T«r 
ftaXasMTiptuf^  Pane  vi.  23.  §  8)  ;  but  in  the  games 
themselves,  they  used  those  which  gave  the  se- 
verest blows. 

The  eestus,  used  in  kter  times  in  the  public 
games,  was,  as  has  been  already  remarked,  a  most 
formidable  weapon.  It  was  frequently  covered 
with  knots  and  nails,  and  loaded  with  lead  and 
iron  ;  whence  Virgil  {Jem,  t.  405),  in  speaking  of 

it»»y«> 

^  Ingentia  septem 
Terga  bourn  plumbo  insuto  fenoque  rigebant** 

Statius  (7M.  -vi  732)  also  speaks  of  mgrtadia 
plumbo  tegmmcL  Such  weapons  in  the  hands  of  a 
trained  boxer,  must  have  frequently  occasioned 
death.  The  ^^ftifmr  were,  in  fiwt,  sometimes 
called  yvun6poi,  or  **  limb-breakers.*^  Figures 
with  the  eestus  frequently  occur  in  ancient  monu- 
ments. They  were  of  various  fonns,  as  appears 
by  the  following  specimens,  taken  from  ancient 
monuments,  of  which  drawings  are  given  by 
Fabretti  {De  Chhtmn,  Trqj.  p.  261). 


2.  Cbstus  also  signified  a  band  or  tie  of  any 
kind  (VaiT.  De  Re  Ru$t,  L  8)  ;  but  the  term  was 
more  particularly  applied  to  the  sone  or  girdle  of 
Venus,  on  which  was  represented  every  thing 
that  could  awaken  love.  (//.  xiv.  214  ;  VaL  Flacc 
vi.  470.)  When  Juno  wished  to  win  the  affec- 
tions  of  Jupiter,  she  borrowed  this  eestus  from 
Venus  {IL  L  e.)  ;  and  Venus  herself  employed 
it  to  captivate  Mars.  (Mart  vL  13,  xiv.  206, 
207.) 

CETRA,  or  CAETRA  (/cafr/yea,  Hesyck),  a 
taiget,  t.  e.  a  small  round  shield,  made  of  the  hide 
of  a  quadruped.  (Isid.  Orig.  xviii.  12  ;  Q.  Curt, 
iil  4.)  It  was  also  worn  by  the  people  of  Spain 
(peiralae  Hispamae  ookortee^  Caes.  B,  C,  I  39,  48) 
and  Mauritania.  By  the  latter  people  it  was 
sometimes  made  from  the  skin  of  the  elephant. 
(Strab.  xvii.  p.  828.)  From  these  accounts,  snd 
from  the  distmct  assertion  of  Tacitus  {Aprie.  36) 
that  it  vnis  used  by  the  Britons,  we  may  with  con- 
fidence identify  the  cetra  with  the  target  of  the 
Scottish  Highlanders,  of  which  many  specimens  of 
considerable  antiqui^  are  still  in  existence.  It  is 
Been  **  covering  Uie  left  arms  **  (comp.  Viig.  Jem 
vii.  732)  of  the  two  accompanying  figures,  which 
aro  copied  fit>m  a  MS.  of  Prudentius,  probably 
written  in  this  country,  and  as  early  as  the  mntb 
century.    {Cod.  Cotton.  Cleop.  c  8.) 

It  does  not  iqipear  that  the  Romans  ever  wore 
the  cetra.  But  Livy  compares  it  to  the  peita  of 
the  Greeks  and  Macedonians,  whicb  was  also  a 


CIIALCIDICUM. 


iraall  light  shield  (eeiraloty  quot  peUattoB  vocant, 
xxxi.  36).    [Pklta.]  [J.  Y.] 

CHALCEIA  (xa\/f€ia),  a  very  ancient  festival 
celebrated  at  Athena,  which  at  different  times 
seems  to  have  had  a  different  character,  for  at  first 
it  was  solemnised  in  honour  of  Athena,  sumamed 
Ergane,  and  by  the  whole  people  of  Athens, 
whence  it  was  called  'A^voua  or  Tld»br\fjLos. 
(Suidas,  *.  r. ;  EtymoL  Magn. ;  Eustath.  ad  II,  ii. 
p.  284,  36.)  At  a  later  period,  however,  it  was 
celebrated  only  by  artisans,  especially  smiths,  and 
in  honour  of  Hephaestus,  whence  its  name  was 
changed  into  XaXiceio.  (Pollux,  viL  105.)  It  was 
kept  on  the  30th  day  of  the  month  of  Pyanepsion. 
(Suidas,  Harpocrat  Eustath.  /.  c.)  Menander  had 
written  a  comedy  called  "XxiKKfiay  a  fragment  of 
which  is  preserved  in  A  then,  xl  p.  502.  (Comp. 
Welcker,  Die  Aeschyl.  Trilog.  p.  290.)     [L.  S.] 

CHALCI'DICUM  is  merely  defined  by  Festus 
(9.  o.)  as  a  sort  of  building  {genus  aedificii)^  so 
called  bom  the  city  of  Chalcis,  but  what  sort  is 
not  explained  ;  neither  do  the  inscriptions  or  the 
passages  of  ancient  writers,  in  which  the  word  oc- 
curs, give  any  description  from  which  a  conclusion 
can  be  drawn  with  certainty  respecting  the  form, 
use,  and  locality  of  such  buUdings. 

Otalcidioa  were  certainly  appurtenances  to  some 
fxmUoas  (Vitniv.  v.  1),  in  reference  to  which  the 
following  attempts  at  identification  have  been 
suggested :  —  1.  A  mint  attached  to  the  basilica, 
from  xoAJcbrand  Wioj,  which,  though  an  ingenious 
conjecture,  is  not  supported  by  sufficient  classical 
authority.  2.  That  part  of  a  basilica  which  lies 
directly  in  front  of  the  tribune,  corresponding  to 
the  nave  in  a  modem  church,  of  which  it  was  the 
original,  where  the  lawyers  stood,  and  thence 
termed  navis  causidiea,  3.  An  apartment  thrown 
out  at  the  back  of  a  basilica,  either  on  the  ground 
fioor  or  at  the  extremity  of  the  upper  galleiy,  in  the 
form  of  a  balcony.  4.  Internal  chambers  on  each 
side  of  the  tribune  for  the  convenience  of  the 
Judioes,  as  in  the  basilica  of  Pompeii.  5.  The 
vestibule  of  a  basilica,  either  in  tnmi  or  rear ; 
which  interpretation  is  founded  upon  an  inscription 
discovered  at  Pompeii,  in  the  building  appropriated 
to  the  fullers  of  cloth  {fidkmoa) : — 

EuMACHiA.  L.  F.  Sackrd.  Pub.  •  ♦  •  ♦ 
*•••••  Chalcidicum.  Cryptam  Porticus 
**  *sua.  pequnia.  fjecit.  eadbmqub.  dboicavit. 

By  comparing  the  plan  of  the  building  with  this 
inscription,  it  is  clear  that  the  chalcidicum  men- 
tioiied  can  only  be  referred  to  the  vestibule.    Its 


CHARISTIA. 

decorations  likewise  correspond  in  richne«  arj 
character  with  the  vestibule  of  a  basilica  describ*  I 
by  Procopius  {De  Aedific  Justin,  I  10),  which  j 
twice  designated  by  the  term  x^'^'^'  Tbe  tc«j 
bule  of  the  basilica  at  Pompeii  is  shown  upon  tlj 
plan  onpag«  199,  a. 

In  another  sense  the  word  is  used  as  a  synonji^i 
with  eoenactibtm,  •*  Scribuntiir  Dii  vestri  ij 
tridiniis  coelestibus  atque  in  ekalddids'  amtij 
coenitare  ^  ( Amobius,  p.  1 49).  These  words,  cod) 
pared  with  Hom.  Od.  xxiii.  1, 

and  the  translation  of  6n-€p^w  by  Ausooi'ii 
{Perioch,  xiii  Odgss.\ 

*'  Chalcidictrm  gressu  nntriz  superabat  anil!,'' 
together  with  the  known  locali^  of  the  anckd 
ooenacutoy  seem  folly  to  authorise  the  interprets 
tion  given.     (Tumeb.  Advers.  xviiL  34  ;  Solmas 
inSparL  Pesoen,  Nigr,  c  12.  p.  677.) 

Finally,  the  word  seems  also  to  have  been  n^ 
in  the  same  sense  as  maenianstMy  a  balcony.  (Uidi 
De  Orig, ;  Reinesius,  Vor,  LecL  iiL  5.)     [A.  R.J 

CHALCIOrCIA  (xa\Jc<o(Jcui),  an  annual  fes^ 
tival,  with  sacrifices,  celebrated  at  Sparta  in  honoa^ 
of  Athena,  sumamed  XoAicfoiKOf,  L  e.  the  goddeta 
of  the  brazen-house.  (Pans.  iiL  17.  §  3,  x.  5.  §5j 
and  Goeller  ad  Thueyd,  i  128,  fU.)  Yoong  mcnl 
marched  on  the  occasion  in  full  armour  to  ibej 
temple  of  the  goddess  ;  and  the  ephors,  altboi^K 
not  entering  the  temple,  but  remaining  within  iH 
sacred  precincts,  were  obliged  to  take  part  in  the 
sacrifice.     (Polyb.  iv.  35.  §  2.)  [LS.] 

CHALCUS(xa^'covs),a  denomination  of  Gre«'k 
copper-money. 

Bronze  or  copper  (xaXicrfs)  was  very  little  used 
by  the  Greeks  for  money  in  early  times.    Silrer 
was  originally  the  imiversal  currency,  and  copper 
appears  to  have  been  seldom  coined  till  after  the 
time  of  Alexander  the  Great.    The  x«^^«  fovn^ 
at  Athens  issued  in  B.  c.  406  {SckoL  ad  Aristofk 
Ran,  737)  were  a  peculiar  exception ;  and  they  were 
soon  afterwards  called  in,  and  the  silver  currencr 
restored.     (Aristoph.  Ecdesiax,  815 — 822 ;  Au- 
RUM.)     It  is  not  improbable,  however,  that  the 
copper  coin  called  x"'^^^^^  ^<^B8  in  circulation  in 
Athens  still  earlier.     The  smallest  silver  coin  at 
Athens  was  the  quarter  obol,  and  the  x^^"^* 
was  the  half  of  that,  or  the  eighth  of  an  obol.    Its 
value  was  somewhat  more  than  3-4ths  oi  a  farthing. 
It  seems  to  have  been  used  on  accomit  of  the  dif- 
ficulty of  coining  silver  in  such  minute  pieces.  The 
XoAicoDs  in  later  times  was  divided  into  lepia^  of 
which,  according  to  Suida8(jLvr.  TiXaanov^O%oXi\\ 
it  contained  seven.    There  was  another  copper  coin 
current  in  Greece,  called  a^fiSoXop,  of  which  the 
value  is  not  known.     Pollux  (iii  9)  also  mentions 
k6xAv€os  as  a  copper  coin  of  an  earlier  age  ;  but, 
as  Mr.  Hussey  has  remarked,  this  may  hare  been 
a  common  name  for  small  money  ;  since  K6x^oi 
signified  generally  *^  changing  m<mey,"  and  iroX- 
Xw^wTT^j,  **  a  money-changer."    In  later  imen, 
the  obol  was  coined  of  copper  as  well  as  silver.  The 
Greek  states  of  Sicily  and  Italy  had  a  copper  coin- 
age at  a  very  early  period  [Litra].    (Hb»^/. 
Aneieni  Weights  and  Mon^,  c.  8 ;  BodcK  P^ 
Boon,  of  Athens,  p.  592,  2nd  ed.;  UAerGtxBidii^ 
MunxfUsse,  Ac,  pp.  142,  342.  Ac)        [P-  &J 

CHARI'STIA  (from  xop^Co/uu,  to  gnnt  a 
fiivour  or  pardon),  a  Roman  feast,  to  which  none 
but  relations  and  members  of  the  same  fiunily  ^^ 
invited,  in  order  that  any  qnanel  or  diiagroeineo) 


CHBUDONIA. 

i^cli  had  naen  amongit  them  nught  b«  made 
ip,  ad  arBgiiwtlwtwo  eflfeeted.  U  was  celebrated 
efOTTaroDtlleldtiiofFebnaiy.  (OT./luf.u. 
$17;  Yd.  Max. XL  L  §  8;  Mail  ix.  55.)  [R.W.] 
CUARTA.    [Lranu] 

CSEIRONCyMIA  (x^ipofofda\  a  munetie 
EMmBeol  of  the  bands,  wiucb  Ibraied  a  part  of 
the  vt  of  danciqg  aaMDg  the  Greeks  and  Romans. 
The  vvd  h  also  used  in  a  wider  sense,  both  for 
the  lit  of  dsodng  in  genera],  and  finr  any  signs  made 
vhh  the  heads  in  order  to  eonTej  ideas.  In 
giiSMititt  it  was  apptied  to  the  morements  of 
the  haadi  in  pugilistic  oomfaat ;  and  it  is  nsed  in 
cMsaectiaD  with  the  term  tfXMMC'X*^*  (Athen.ziT. 
P.S39LK;  HesfcLToLii  pk  1547.  Alb.;  Herod. 
TL 129 ;  Aefian.  F.  IT.  xhr.  22 ;  Dion  Cass,  xzzri. 
II;  Phl  Ti  10.  §  1 ;  Hdiod.  Ae&iop.  W.  p.  73  ; 
Rum,  GgmmaUk  imi  A^omsHkj  toL  i.  c.  6.  §  33, 
nLiLCLill.)  [P.S.] 

CHEIBOKyNIA  (xeiporop£a).  In  the  Atbe- 
tm.  MMaUies  two  modes  of  Toting  were  practi§ed» 
^  m&  hj  pebbSes  [PasPBUs],  the  other  hj 
a  show  of  faaiML  (x^tporotmy).  The  latter  was 
enpkjed  m  the  dection  of  those  magistrates  who 
m  chotea  in  the  paUie  auemblies  (jkfxaipt' 
riat),  and  who  weie  hence  called  x^V^'^'^VOif 
BLTociitg  vpm  laws,  and  in  some  kinds  of  trials 
tfi  Bstten  whidi  eonoenied  the  people,  as  upon 
rf$S«Kai  and  urayy^fdat.  We  frequentlj  find, 
bvero,  the  word  ffntfifeo^cu  nsed  where  the 
Taiet  vvR  nslly  given  by  show  of  hands.  (Lji. 
cEnkiA^m.  IS.  and  p.  127.  &  ed.  Steph. ; 
D^Ofyi^ipid.) 

The  isanner  of  voting  by  a  show  of  hands  is 
wad  bf  Soidsi  (s.cl  Kcrrcxc^por^nrirey)  to  have  been 
aifitOon-.^The  heiald  said :  **  Whoever  thinks 
Uat  Mddisi  is  goilty,  let  him  lift  np  his  hand.** 
Tha  tboiewho  thought  so  stretched  forth  their 
badL  Then  the  hciald  nid  agam :  <«  Whoever 
tb^  that  If eidias  is  not  gnilty,  let  him  lift  np 
^  had  ;**  and  those  who  were  of  this  opinion 
ttntehrd  forth  their  hands.  The  nnmber  of 
hods  «aa  coonted  each  time  by  the  herald  ;  and 
tk  IRndcnt,  upon  the  herdd^s  report,  declared 
« ihi^  ads  the  majority  voted  (^bwyopc^ciy  ria 
XPfurmn,  AeKsh.  e.  CMjoA.  §  2). 

It  n  iapntsnt  to  nndentand  dearly  the  com- 
fnads  of  this  word.  A  vote  condemning  an 
fmi  peisaa  is  nrrax^iforimta  :  one  acquitting 
K  AnxcV^ovta  (Dem.  c  Meid,  pp.  516, 
&^58S) ;  inxtifomww  k  to  confirm  by  a  ma 
i«t]rof  Tstes  (Dem.  De  Cbnm.  pp.  235,  261)  ; 
^tipovmfU  T«r  wofuhf  was  a  levision  of  the 
^n^vhichtook  phce  at  the  beginning  of  every 
J«r ;  hixH^ciU  T«r  ^x^  ^^^  &  ^^^  taken 
B  tb fintSHemb^  of  eaeh  Piytany  on  the  oon- 
iactrf  tbemsgiitrBtes :  in  these  eases,  those  who 
^*"ted  far  the  «*»<TfPffl*yw  of  the  law,  or  for  the 
^^^tinaBee  is  offiee  of  the  magistrate,  were  said 
^xf^pBTWMr,  thoie  on  the  other  side  &rox«fwro. 
^  (BesL  e,  Timoar.  p.  706  ;  Harpocrat.  and 
Sn^  «.  a.  Jbffia  diucXifflrfa ;  Dem.  o.  ThMorm. 
?-I330):  Sa^^c^iororCa  is  a  vote  fi>r  one  of 
vn  ihoiHttiTcs  (Dem.  &  AndroHem,  pu  506  ;  ft 
Twaa;  pl707  ;  &  iVeoar.  p.  1846)  :  irrixeipoTO. 
^  to  vote  against  a  proposition.  The  oom- 
m^  of  ^ffi(wem  have  smnktf  meanings. 
(belfinaBo,  Ik  Obmiliis  AOmumtuen^  pp.  120, 
^%  231, 261, 380.)  [P.  a] 

CHELnxyNU  (xcXi3<(ria),  a  costom  ob- 
Hntd  iatheiibuid  of  Rhodes,  in  the  month  of 


CHIROORAPHUM.  271 

BoSdromion,  the  time  when  the  swallows  retomed. 
Daring  that  leoaan  boys,  called  x*^89ritfTa(,  went 
fimn  honse  to  honae  collecting  little  ffifts,  ostensibly 
for  the  retoming  ewaliows  (x<Ai8owv<*'X  uid  sing- 
ing a  song  which  is  still  extant  (Athen.  viii.  p.  860  • 
eomparo  ligoi,  Opu$e.  PkiL  u  pw  164,  and  Enstath. 
ad  Od!f$».xjL  tnh  fin,)  It  is  aaid  to  have  been  in- 
trodoced  by  Cleobulns  of  Lindus,  at  the  aame  period 
when  the  town  was  in  great  distress.  The  cheli- 
donia,  which  have  sometoaes  been  called  a  fes- 
tind,  seem  to  have  been  nothing  bat  a  pecnliar 
mode  of  begging,  which  on  the  occasion  of  the  re- 
tmn  of  the  swallows  was  carried  on  by  boys  m  the 
manner  stated  above.  Many  analogies  may  still 
be  observed  in  various  ooontzies  at  the  varioos 
seasons  of  the  year.  [Lk  &] 

CHELYS  (x'Xirs).     [Ltra.] 

CHEME  (xnM^))  »  Oreek  liquid  measure,  the 
capacity  of  which  (as  is  the  case  with  most  of  the 
smaller  measures)  is  differently  stated  by  difierent 
authorities.  There  was  a  small  cheme,  which  con- 
tained two  cochlearia,  or  two  drachmae,  and  was 
the  seventy-second  uart  of  the  eotyle,  =  "0068  of 
a  pint  English.  (Rhem.  Fann.  v.  77.)  The  krge 
cheme  was  to  the  small  in  the  proportion  of  3  to  2. 
Other  sizes  of  the  cheme  are  mentioned,  but  they 
differ  so  much  that  we  cannot  tell  with  certainty 
what  they  really  were.  (Huasey,  ^neieaf  Weigktt^ 
Ac. ;  Wurm,  Db  Pond.  &c.)  [P.  S.] 

CHENISCUS.    [NAVia] 

CHERNIPS  (x^P*"*).     [LusTRATio.] 

CHEROSTAE  (x»?/H#<rrca).    [Hbrbs.] 

CHILIARCHUS.     [Exircitus.] 

CHJRAMAQCIUM  (from  x<<P  and  ^a),  a 
sort  of  easy  chair  or  **  go-cart,**  uaed  for  invalids 
and  children.   (Petron.  28.) 

CHIRIDO'TA.    [TuNKA.] 

CHIRO'GRAPHUM  (x««p<h'f»«f«').  meant 
first,  as  its  derivation  implies,  a  hand-writing 
or  autograph.  (Cic.  PkU,  iL  4.)  In  this  its  simple 
sense,  x^^P  in  Oreek  and  maaiw  in  Latin  aro  often 
substituted  for  it. 

Like  similar  words  in  all  languages,  it  acquired 
several  technical  senses.  From  its  first  meaning 
was  easily  derived  that  of  a  ngnatore  to  a  will  or 
other  instrument  especially  a  note  of  hand  given 
by  a  debtor  to  his  creditor.  In  this  latter  case,  it 
did  not  constitute  the  legal  obligation  (for  the 
debt  might  be  proved  in  aome  other  way)  ;  it  was 
only  a  proof  of  the  obligation. 

According  to  Asoonius  (m  Verr.  iii.  86)  eAtn>- 
ffrofkmm^  in  the  sense  of  a  note-of-hand,  was  dis- 
tinguished fivm  ^fnffrapiha  ;  the  fixmer  was  dways 
given  for  money  actually  lent,  the  hitter  might  be 
a  mere  sham  agreement  (something  like  a  bill  of 
accommodation,  thoush  with  a  difiierent  object),  to 
pay  a  debt  which  had  never  been  actually  in- 
curred. The  tkirograijphim  was  kept  by  the 
creditor,  and  had  only  the  debtor^  signature  ;  the 
^fngrapba,  on  the  contiaiy,  was  signed  and  kept 
by  bo&  parties. 

In  the  Latin  of  the  middle  ages  (see  Du  Fresne, 
a.  e.)  €kkrograplutm  was  nsed  to  signify  tribute  col- 
lected under  the  ngn-manud  of  a  person  in  autho- 
rity, similar  to  the  brie&  and  benevolences  of 
finrmer  times  in  our  own  country.  It  was  also 
used  (see  BhKkstone,  b.  ii  c  20),  till  very  lately, 
in  the  English  hiw  for  an  mdenture.  DupUcatoa  of 
deeds  were  written  on  one  piece  of  paivhment,  with 
die  word  dtingrapham  between  them,  which  was 
eat  in  two  in  a  straight  or  wwry  line,  and  the  parts 


272  CHIRURGIA. 

given  to  the  care  of  the  persons  concerned.  By 
the  Canonists,  Blackstone  remarks,  the  word  sjm- 
grapha  or  tyuprapkut  was  employed  in  the  same 
way,  and  hence  gave  its  name  to  these  kind  of 
writings.  [B.  J.] 

CHIRU'RGIA  (xtipwpyU\  surgery.  The 
practice  of  surgery  was,  for  a  long  time,  considered 
hy  the  ancients  to  be  merely  a  part  of  a  physician^ 
duty ;  but  as  it  is  now  almost  universally  allowed 
to  be  a  separate  branch  of  the  profession,  it  will 
perhaps  be  more  convenient  to  treat  of  it  under  a 
separate  head.  It  will  not  be  necessary  to  touch 
upon  the  disputed  questions,  which  is  the  more 
aneimt^  or  which  is  the  more  honourable  branch  of 
the  profession ;  nor  even  to  try  to  give  such  a 
definition  of  the  word  <Mrvargia  as  would  be  likely 
to  satisfy  both  the  physicians  and  suigeons  of  the 
present  day ;  it  will  be  sufficient  to  determine  the 
sense  in  which  the  word  was  used  by  iixe<meient$: 
and  then,  adhering  closely  to  that  meaning,  to  give 
an  account  of  this  division  of  the  science  and  art 
of  medidae,  as  practised  among  the  Greeks  and 
Romans,  referring  to  the  article  Mbdicina  for 
further  particulars. 

The  word  chiruigia  is  derived  from  x^^P  the 
hand,  and  fyyov  a  work,  and  is  explained  by 
Celsus  {De  Med.  lib.  vii.  Pzaefisit)  to  mean  that 
part  of  medicine  quae  manu  euratj  **  which  cures 
diseases  by  means  of  the  hand  ;**  in  Dic«enes 
LaSrtius  (iii.  85)  it  is  said  to  cure  9th,  rod  rtfwtiy 
Ktd  Koltiv^  **  by  cutting  and  burning ;  ^  nor  (as  far 
as  the  writer  is  aware)  is  it  ever  used  by  ancient 
authors  in  any  other  sense.  Omitting  the  fitbulous 
and  mythological  personages,  Apollo,  Aesculapius, 
Chiron,  &&,  the  only  certain  traditions  respecting 
the  state  of  surgery  before  the  establishment  of 
the  republics  of  Greece,  and  even  until  the  time  of 
the  Peloponnesian  war,  are  to  be  found  in  the 
Iliad  and  Odyssey.  There  it  appears  that  surgery 
was  almost  entirely  confined  to  the  treatment  of 
wounds ;  and  the  imaginary  power  of  enchantment 
was  joined  with  the  use  of  topical  applications. 
{IL  ilL  218,  xL  515,  828,  843,  &c.  &c)  The 
Greeks  received  surgery,  together  with  the  other 
branches  of  medicine,  firom  the  Egyptians;  and 
from  some  observations  made  by  the  men  of 
science  who  accompanied  the  French  expedition  to 
Egypt  in  1 798,  it  appears,  that  there  are  docu* 
ments  fiilly  proving  that  in  very  remote  times  this 
extraordinary  peoiue  had  made  a  degree  of  pro- 
gress of  which  few  of  the  modems  have  any  con- 
ception :  upon  the  ceilings  and  walls  of  the  temples 
at  Tentyra,  Kamack,  Luxor,  &&,  basso-relievos 
are  seen,  representing  limbs  that  have  been  cut  off 
with  instruments  very  analogous  to  those  which 
are  employed  at  the  present  day  for  amputations. 
The  same  instruments  are  again  observed  in  the 
hieroglyphics,  and  vestiges  of  other  surgical  opera- 
tions  may  be  traced,  which  afford  convincing  proo& 
of  the  skill  of  the  ancient  Egyptians  in  this  branch 
of  medical  science.  (Lany,  quoted  in  Cooper^ 
Surg.  Did.) 

The  earliest  remaining  surgical  writings  are 
those  of  Hippocrates,  who  was  bom  &  a  460,  and 
died  B.a  357.  Among  his  reputed  works  there 
are  ten  treatises  on  this  subject,  only  one  of  which 
however  is  considered  undoubtedly  genuine.  Hip- 
pocrates fiir  surpassed  all  his  piedeoessora  (and 
indeed  most  of  his  successors)  in  the  boldness  and 
success  of  his  operations  ;  and  though  the  scanty 
knowledge  of  anatomy  possessed  in  those  times 


CHIRURGIA. 

prevented  his  attaining  any  rery  great  perfectit 
still,  we  should  rather  admiro  hu  genius,  wU 
enabled  him  to  do  so  much,  than  blame  him  \ 
cause,  with  his  deficient  information,  he  was  al 
to  do  no  more.  The  scientific  skill  in  rcdud 
fractures  and  luxations  di^Iayed  in  his  wori 
De  Fraduris,  De  ArHeuUt,  exeites  the  admil 
tion  of  Haller  (BiblioHL  GUrnfy.),  and  he  i^ 
most  probably  the  inventor  of  the  amU,  an  d 
chirurgical  machine  for  dislocations  of  the  shoiild| 
which,  though  now  feJlen  into  disuse,  fior  a  loi 
time  enjoyed  a  great  repntation.  In  hii  work  J 
Capitia  Vulnenbtu  he  gives  minute  directid 
about  the  time  and  mode  of  using  the  trepbii 
and  warns  the  operator  against  the  profaabiiitr 
his  being  deceived  by  the  sutoies  of  the  crania] 
as  he  confesses  happened  to  himself.  {De  Moi 
Vulgar,  lib.  v.  p.  561,  ed.  KOhn.)  The  author  i 
the  Oath,  commonly  attributed  to  Hippocratti 
binds  his  pupils  not  to  perform  the  operation  I 
lithotomy,  but  to  leave  it  to  persons  accustomed  i 
it  (^pTtirpo-i  hfipduri  rpifi^tos  r^St) ;  from  v\M 
it  would  appear  as  if  certam  persou  confined  then 
selves  to  particular  operations. 

The  names  of  several  persons  are  preserved  ^h 
practised  surgery  as  well  as  medicine,  in  the  tim^ 
immediately  succeeding  those  of  Hippooatei ;  hoj 
with  the  exception  of  some  firagments,  inserted  h 
the  writings  of  Galen,  Oribasins,  AStins,  &c^  a] 
their  writings  have  perished.  Archagathns  6e 
serves  to  be  mentioned,  as  he  is  said  to  ba^-e  bee^ 
the  first  foreign  surgeon  that  settled  at  Rom4 
B.  a  219.  (Cassius  Hemina,  apmd  Plm,  H.  M 
xxix.  6.)  He  was  at  first  very  well  received,  tb< 
jut  QmriHum  was  oonfierred  upon  him,  a  shop  mi 
bought  for  him  at  the  public  expense,  and  he  i« 
ceived  the  honourable  title  of  Vulneraruis.  Tiiii^ 
however,  on  account  of  his  fi«quent  use  of  the 
knife  and  cautery,  was  soon  changed  by  the  Ro< 
mans  (who  were  unused  to  such  a  mode  of  pnc^ 
tice)  into  that  of  Carm/eae.  Asdepiades,  who 
lived  at  the  beginning  of  the  first  century  &  c,  ia 
said  to  have  been  the  first  person  who  ptofoeed 
the  operation  of  bronchotomy,  though  he  himiell 
never  performed  it  (CaeL  AureL  De  MorL  AcvL 
L  14,  iil  4) ;  and  Ammonius  of  Alexandna,  sor- 
named  AiBor6fAos,  who  is  supposed  to  have  lired 
rather  later,  is  celebrated  in  the  annals  of  soigerf 
for  having  been  the  fint  to  propose  and  to  perform 
the  operation  of  Liihairiiy,  or  breaking  a  calcalai 
in  the  bladder,  when  found  to  be  too  laifte  for 
safe  extraction.  Celsus  has  minutely  descnfced 
his  mode  of  operating  (De  Med,  vil  26.  §  3.  p. 
436),  which  very  much  resembles  that  lately  in- 
troduced by  Civiale  and  Heurteloup,  and  which 
proves,  that  however  much  credit  they  msy  de- 
serve fiir  bringing  it  again  out  of  oblirion  into 
public  notice,  the  praise  of  having  original]/ 
thought  of  it  belongs  to  the  ancients.  *^A  book," 
says  CeLros,  *^  is  to  be  so  insinuated  behind  the 
stone  as  to  resist  and  prevent  its  recoiling  into  the 
bladder,  even  when  struck ;  then  an  iron  iactn- 
ment  is  used,  of  moderate  thickness,  flattened 
towards  the  end,  thin,  but  blunt ;  which  being 
phced  against  the  stone,  and  stmck  on  the  fbrther 
end,  cleaves  it;  great  care  being  taken,  st  the 
same  time,  that  neither  the  bUidder  itself  be  in- 
jured by  the  instrument,  nor  the  firagments  of  the 
stone  fell  back  into  it"  The  next  surgical  writer 
after  Hippocrates,  whose  works  are  still  extant, 
is  Celsos,  who  lived  at  the  b^ginniiig  of  the  fint 


CHIRURGIA. 

MoiQiT  A.  D^  and  ^o  baa  devoted  ibe  four  laat 
boduW bit  wBtk,  IMMeiiicu»,9nd  especially  the 
srraith  lad  eq^th,  eatrrelj  to  soigioal  matten^ 
It  Appean  pfainly  firam  feadiDg  Cdaui,  that  since 
tb  tine  of  Hippooates  snigery  had  made  verr 
•^Xiat  pngren,  and  had,  m£ed,  reached  a  high 
degree  of  perfectifliL  He  ia  the  fint  author  who 
gires  dinctioBs  fiir  the  operation  of  lithotomj  {Dt 
JI/«C  Til  26L  S  2.  p.  492),  and  the  method  de- 
tcnbed  hj  him  (caUed  ike  apparahu  Mcaor,  or 
Viim^i  mAod,)  contmned  to  be  practised  till  the 
eRsaeaaaaeui  of  the  sixteenth  eentmy.  It  -was 
piY^siiied  aft  Pans,  Boideaax,  and  other  places  in 
Fnaee,  span  patieots  of  all  agea,  eren  as  late  as  a 
kcdnd  sad  ifty  years  ago  ;  and  a  modern  author 
( Alki  Om  UAeiomf^  p.  12)  reoommends  it  always 
tfi  be  picfefTCd  on  boys  under  fiMurteen.  (Cooper^ 
L*kt  ef  Prv:.  Smry^  art.  Lithotomy.)  He  de- 
Knba  (m  2£l  §  S.  pu  428)  the  operation  of  /«- 
aWofM,  which  was  so  eomnionly  performed  by  the 
cneofii  upon  tingcn,  9uc^  and  is  often  alluded  to 
ia  dasDeaissthan.  (See  Jar.  tL  73, 379 ;  Senec. 
nULattmL  Dkm.  InatiL  i  16;  Mart  Epigr, 
vii  811,  iz.  28.  12,  xir.  215.  I  ;  TertnIL  De 
Unsa  MU.  11.)  He  alao  describes  (viL  25.  §  1. 
]t427)  the  opoation  aflnded  to  br  St  Paul  (1 
C<!L  Til  18)  «cpiTrrfci|fAci>or  rlr  ^kMfifi :  ^^  ^w  i> 
(Tviirffw.  Compare  Paolna  Aegineta  {De  Re 
MnL  il  53),  who  transcribes  firam  Antyllus  a  se- 
oHid  BMfihod  of  peiforming  the  operation. 

Tk  Mlowing  description,  giren  by  Celsos,  of 
tW  seoHOzy  qualifications  of  a  smgeon,  deserves 
'.abeqaotcd:  — "A  surgeon,'*  says  he  Qih,  rii. 
Pfvrk.)  **  ought  to  be  young,  or,  at  any  rate,  not 
<^ oid;  hii  hand  should  be  firm  and  steady,  and 
DeT€r  ifaake;  he  should  be  able  to  use  his  left 
bcid  with  as  much  dexterity  as  his  right ;  his 
ry^f  ^t  Bhoald  be  acute  and  dear ;  his  mind  in- 
\t^  aod  80  &r  inbject  to  pity  as  to  make  him 
^esnm  of  the  reeoveiy  of  his  patient,  bat  not 
M  k«  tonifiier  himself  to  be  mored  by  his  cries; 
be  sboald  neither  huiry  the  operation  more  than 
tW  caie  icqnirn,  nor  cut  leas  than  is  necessary, 
lat  do  erety  thing  jost  as  if  the  other'k  screams 
c^e  M  intpRssioa  upon  him.** 

Perbapi  the  only  surgical  remark  worth  quoting 
^  Aieta^QS,  who  lir^  in  the  first  century  a.  d., 
Btbst  he  condemns  the  operation  of  Isonchotomy, 
ar4  thinks  **  that  the  wound  would  endanger  an 
jiiaaiaBtMn,  cough,  and  strangling  ;  and  that  if 
^^an^of  being  choked  could  be  avoided  by 
t^  iBetltad,  jet  the  ports  would  not  heal,  as  being 
cafti^nnatt."  (fie  Morh.  AaO.  Cur,  17.  n.  227, 
eiKuim.) 

Omittii^  Seribonnis  Laigos,  Moschion,  and  So- 
laciu,  the  next  author  of  importance  is  Caelius 
Aordanoi,  vho  is  supposed  to  have  lived  about 
tee  b^innbig  of  the  second  century  A.  d.,  and 
ffl  vhwe  worb  there  is  a  good  deal  relating  to 
^p^ty.thoogh  nothing  that  can  be  called  original 
lie  rejected  as  absurd  the  operation  of  broncho- 
*«®y  (/>B  Moth.  Cknm,  liL  4).  He  mentions 
* ««  of  aidtes  that  was  cured  by  paracentesis 

i  ?*  ^)9  *°d  ^*o  ■  person  who  recovered 
*w  being  shot  through  the  lungs  by  an  anow. 

(IW.m.12.)  —r>      J 

.  ^'^  the  most  voluminous  and  at  the  same 
!^  tie  most  valuable  medical  writer  of  antiquity, 
® J*^la»ted  as  a  surgeon  than  as  an  anatomist 
m  phyndan.  He  sppean  to  have  practised 
*?nyat  Pqpmas;  but,  upon  his  removal  to 


CHIRURGIA* 


278 


Rome  (a.  D.  165),  he  entirdy  eoofined  himself 
to  medicine,  following,  as  he  rays  himself  (Dt 
AfeA,  Med.  ri.  20),  the  custom  of  the  place.  His 
writings  prove,  however,  that  he  did  not  entirely 
abandon  surgery.  His  Commentaries  on  the 
Treatise  of  HippocraSea,  JDe  Qfiema  Medid,  and 
his  treatise  De  Faecue^  shows  that  he  was  well 
versed  even  in  the  minor  details  of  the  art  He 
appean  also  to  have  been  a  skilful  operator,  though 
no  great  surgical  inventioDS  are  attributed  to  him. 

Antyllus,  who  lived  some  time  between  (ialen 
and  Oribasius,  is  the  earliest  writer  whose  direc- 
tions for  pesibnning  broDchotomy  are  still  extant, 
though  the  operation  (aa  was  stated  above)  was 
proposed  by  Asdepiades  about  three  hundred  yean 
before.  Only  a  few  fiagmenu  of  the  writings  of 
Antyllus  remain,  and  among  them  the  following 
passage  is  preserved  by  Paulus  Aegineta  {De  Re 
Med.  vi.  S3): — ^**Our  best  surgeons  have  described 
this  operation,  AntyQus  partKulariy,  thus :  *  We 
think  this  practice  useless,  and  not  to  be  attempted 
where  all  the  arteries  and  the  lungs  are  afiected  ; 
but  when  the  inflammation  lies  uieflv  about  the 
throat,  the  chin,  and  the  tonsils  which  cover  the 
top  of  the  windpipe,  and  the  artery  is  unaffected, 
this  experiment  is  very  rational,  to  prevent  the 
danger  of  suffocation.  When  we  proceed  to  per- 
form it,  we  must  cut  through  some  part  of  the 
windpipe,  below  the  larynx,  about  tne  third  or 
fourth  ring ;  for  to  cut  quite  through  would  be 
dangerous.  This  place  is  the  most  commodious, 
because  it  is  not  covered  with  any  flesh,  and  be- 
cause it  has  no  vessels  near  it  Therefore,  bend> 
ing  the  head  of  the  patient  backward,  so  that  the 
windpipe  may  come  more  forward  to  the  view,  we 
make  a  transverse  section  between  two  of  the 
rings,  so  that  in  this  case  not  the  cartilage,  but  the 
membrane  which  incloses  and  unites  the  cartilages 
together,  is  divided.  If  the  operator  be  a  little 
fearful,  he  may  first  divide  the  skin,  extended  by 
a  hook ;  then,  proceeding  to  the  windpipe,  and 
separating  the  vessels,  if  any  are  in  the  way,  he 
must  make  the  incision.*  Thus  for  Antyllus,  who 
thought  of  this  way  of  cutting,  by  observing  (when 
it  was,  I  suppose,  cut  by  chimoe)  that  the  air 
rushed  through  it  with  great  violence,  and  that  the 
voice  was  interrupted.  When  the  danger  of  suffo- 
cation is  over,  the  lips  of  the  wound  must  be  united 
by  suture,  that  is,  by  sewing  the  skin,  and  not  the 
cartiUige  ;  then  proper  vulnerary  medicines  are  to 
be  applied.  If  these  do  not  agglutinate,  an  incar- 
nant  must  be  used.  The  same  method  must  be 
pursued  with  those  who  cut  their  throat  with  a 
design  of  committing  suicide.**  * 

Oribasius,  physician  to  the  Emperor  Julian  (a.d. 
361),  professes  to  be  merely  a  compiler;  and 
though  there  is  in  his  great  work,  entitled  2vm(« 
ywfol  *\vTpMaiy  CoUeeta  MedicinaliOy  much  sur- 
gical matter,  there  is  nothing  original  The  same 
may  be  said  of  Aetius  and  Alexander  Tralliairas, 
both  of  whom  lived  towards  the  end  of  the  sixth 
century  a.  d.,  and  are  not  fomous  for  any  surgical 
inventions.  Paulus  Aegineta  has  given  up  the 
fifth  and  sixth  books  of  his  work,  De  Be  Medicoj 


*  This  operation  i^)pear8  to  have  been  very 
seldom,  if  ever,  performed  by  the  ancients  upon  a 
human  being.  Avenzoor  (p.  15)  tried  it  upon  a 
goat,  and  found  it  might  be  done  without  much 
danger  or  difficulty ;  but  he  says  he  should  not 
like  to  be  the  first  person  to  try  it  upon  a  man. 


274 


CHIRURGIA. 


entirely  to  rargery,  and  has  inserted  in  them 
mach  useful  matter,  the  fruits  chiefly  of  his  own 
ohservation  and  experience.  He  was  particularly 
celebrated  for  his  skill  in  midwifery,  and  female 
diseases,  and  was  called  on  that  account,  by  the 
Arabians,  AL-KawabeU^  **  the  Accoucheur,**  (Abul- 
pharaj,  Hitt,  DynasL^  p.  181,  ed.  Pococke).  Two 
pamphlets  were  published  ui  1768  at  Gdttingen, 
4ta  by  Rnd.  Aug.  Yogel,  entitled  De  Pcmli 
AegindoB  Meritia  in  Afedidnam^  imprimimpiie 
CMrwrgiam.  Paulus  Aegineta  lived  probably  to- 
wards the  end  of  the  seventh  century,  A.  d^  and 
is  the  last  of  the  ancient  Greek  and  Latin  medical 
writers  whose  surgical  works  remain.  The  names 
of  several  others  are  recorded,  but  they  are  not  of 
sufficient  eminence  to  require  any  notice  here. 
For  further  information  on  the  subject  both  of 
medicine  and  surgery,  see  Medicina  ;  and  for  the 
legal  qualifications,  social  rank,  &c.,  both  of  phy- 
sicians and  suigeons,  among  the  ancient  Greeks 
and  Romans,  see  Msoicus. 

The  surgical  instruments,  from  which  the  ac- 
companying engravings  are  made,  were  found  by  a 
physician  of  Petersburg,  Dr.  Savenko,  in  1819,  at 
Pompeii,  in  Via  Consularis  (Strada  Conwlare),  in 
a  house  which  is  supposed  to  have  belonged  to  a 
surgeon.  They  are  now  preserved  in  the  museum 
at  PorticL  The  engravings,  with  an  account  of 
them  by  Dr.  Savenko,  were  originally  published 
in  the  Revue  Midieale  for  1821,  voLiiu  p.  427, 
&C.  They  were  afterwards  inserted  in  Froriep*s 
NoHzen  au$  dem  Gtinete  der  Natwr-uni-HeUkunde^ 
for  1822,  vol.  ii.  n.  26.  p.  57,  &&  The  plate 
containing  these  instruments  is  wanting  in  the 
copy  of  the  Revu$  MidUxde  in  the  library  of  the 
College  of  Surgeons,  so  that  the  accompanying 
figures  are  copied  from  the  German  work,  in  which 
some  of  them  appear  to  be  drawn  very  badly. 
Their  authenticity  was  at  first  doubted  by  KUhn 
{De  Instrum,  Chirurg.^  Veleribut  oognitta^  et  nuper 
^089i$^  Lips.  1823,  4to.),  who  thought  they  were 
the  same  that  had  been  described  by  Bayardi  in 
his  CcUaL  Antiq.  Mamtment.  Hercutani  e^os..  Nap. 
1754.  fol.  n.  236 — 294 ;  when,  however,  his  dis- 
sertation was  afterwards  republished  (Opuae, 
Academ,  Med,  et  Philol.,  Lips.  1827,  1828,  8vo. 
vol.  iL  p.  309)  he  acknowledged  himself  to  be  com- 
pletely satisfied  on  this  point,  and  has  given  in 
the  tract  referred  to,  a  learned  and  ingenious  de- 


^ 


i 


CHIRURGIA. 

scription  of  the  instruments,  and  their  sappo< 
uses,  from  which  the  following  account  is  chi^ 
abridged.  It  will,  however,  he  seen  at  once,  i, 
the  form  of  most  of  them  is  so  simple,  sod  Uj 
uses  so  obvious,  that  very  little  expIaoatioQ 
necessary. 

1 , 2.  Two  probes  (itpeciZbmi,  ftJiKii)  made  of  in 
the  larger  six  inches  long,  the  smaller  four  aoi 
half.  3.  A  cautery  {icaarHiptop)  made  of  ii 
rather  more  than  four  inches  long.  4,  5. 1 
lancets  {toalpeUMm^  ^h^v)^  made  of  copper, 
former  two  inches  and  a  half  long,  the  other  tij 
inches.  It  seems  doubtful  whether  they  i« 
used  for  blood-letting,  or  for  opening  absce^ 
&c  6.  A  knife,  apparently  made  of  copper, 
blade  of  which  is  two  inches  and  a  half  Long,  i 
in  the  broadest  part  one  inch  in  breadth ;  the  h\ 
is  straight  and  thick,  and  tho  edge  much  cmr^ 
the  handle  is  so  short  that  Savenko  thinks  it  a 
have  been  broken.  It  is  uncertain  for  what  ^ 
ticular  purpose  it  was  used :  Kiihn  canjectores  ti 
(if  it  be  a  surgical  instrument  at  all)  it  may  U 
been  made  with  sudi  a  carved  edge,  and  sod 
straight  thick  back,  that  it  might  be  struck  vitj 
hammer,  and  so  amputate  fingers,  toes,  &c 
Another  knife,  apparently  made  of  copper,  I 
blade  of  which  is  of  a  triangular  shape,  tvo  inc] 
long,  and  in  the  broadest  part  eight  lines  in  bicadi 
the  back  is  straight  and  one  line  broad,  and  tl 
breadth  continues  all  the  vray  to  the  point,  whii 
therefore,  is  not  sharp,  but  guarded  by  a  Bort 
button.  KUhn  thinks  it  may  have  been  used  i 
enlarging  wounds,  Ac,  for  which  it  would  be  p 
ticularly  fitted  by  its  blunt  point  and  broad  ]ai 

8.  A  needle,  about  three  inches  long,  made  of  m 

9.  An  elevator  (or  instrument  for  raising  Ac^M 
portions  of  the  skull),  made  of  iron,  five  mctj 
long,  and  very  much  resembling  those  made  ose 


in  the  present  day.  10 — 14.  Diflfcrent  kinds  c 
forceps  (vulsella).  No.  10  has  the  two  sides  scpa 
rated  from  each  other,  and  is  five  inches  lonl 
No.  1 1  is  also  five  inches  long.  No.  12  is  thn 
inches  and  a  half  long.     The  sides  are  nixiov  i 


CHLAHT8 

tkpocDi  of  muoD,  and  beoome  Imader  by  degrees 
tfKvds  the  otiier  end,  wheie,  when  doted,  they 
kaa  a  kmd  «f  aicL  It  iboold  be  nodoed  that  it 
3  fbiuhed  with  a  BOTeaUe  ixng,  exactly  like  the 
asacakn  fiinepB  canpioyed  at  the  pveeent  day. 
Ha.  13  ns  iwd  lor  iiollnig  out  haiit  by  the  rooti 
(rpixaAaSb).  No.  14  ii  aix  inehea  kng»  and  is 
W  in  the  middle.  It  was  probably  used  for  ex- 
tacting  knaga  bodiei  that  had  stock  in  the  oeso- 
^Msu  (or  goUet),  or  in  the  bottom  of  a  woond. 
Is.  A  mak  catheter  (osMajSateAi),  nine  inches  in 
)eBph.  Tie  ihape  is  remarkable  finm  its  haTing 
erdoeUe  carve  like  the  letter  S,  which  is  the 
&ra  that  VIS  le-invented  in  the  last  centnxy  by 
th«  tflefanied  French  sorgeon,  J.  L.  Petit  16. 
PiofatUj  a  fiemsle  catheter,  four  inches  in  length. 
Cdsia  tha  desoibes  both  male  and  female  cadi»- 
tm  (/)kiM.TDL2&  §  1.  p.  429)  :^**  The  soigeon 
ftWd  have  three  male  catheters  (oeaew/ate/iM), 
of  wMch  the  longest  should  be  fifteen,  the  next 
trrlre,  aad  the  shortest  nine  inches  in  length ; 
lad  be  ahoBld  have  two  female  catheters,  the  one 
I'm  inchei  kng,the  other  six.  Both  sorts  shonld 
be  a  bxtk  cund,  but  emedally  the  male  ;  they 
Aarii  be  perfectly  smooth,  and  neither  too  thick 
Bcr  too  tkin."*  17.  Supposed  by  Frariep  to  be  an 
hi^noiGit  far  extracting  teeth  (jHomrypa,  Pol* 
bx.  iv.  §  181) ;  bat  Kilhau  with  much  more  pro- 
'ubOkr,  eonjcctores  it  to  be  an  instrument  used 
h  aafa::atiDg  port  of  an  enlarged  uvula,  and 
(i^ota  Celna  (De  Med,  tIL  12.  §  S.  pc  404), 
•^  up,  diat  "no  method  of  opexsdng  is 
mi  caoTcnieat  than  to  take  hold  of  the  uvula 
vitk  the  fioeepi,  and  then  to  cut  off  below  it 
aisadias  iiBeeeasBiy.'^  18,  19.  Probably  two 
»?«»3hfc  [W.A-G.] 

CHITON  (xrr^).  [TuNici.] 
CHIKXNIA  (x"-iiria),  a  festiyal  celebrated 
ia  the  Attic  town  of  Chttone  in  honour  of  Artemis, 
f^rwoai  Chiiona  or  ChitonisL  (SchoL  ad  CaUi- 
naci  Hfmm,  im  Arlam,  78.)  The  Syianuans  also 
crlehntcd  a  festival  of  the  same  name,  and  in 
booasr  of  the  aune  deity,  which  was  distinguished 
bj  a  peolia'  kind  of  dimce,  and  a  playing  on  the 
flate.  (Athe&.xiT.pL629;  Steph.  Byx.  «:  v.  X^ 
^«H)  [L.  &] 

CHUINA  (xAoiw).  [Labna  ;  Pallium.] 
CHLAMTS  (xA<vt^,  elm.  xAa^<ov),  a  scarf. 
^Btem,  bebg  Greek,  denoted  an  article  of  the 
Axicrvs,  or  oater  raiment,  which  was  in  general 
'^'Mtaistie  of  the  Oredcs,  and  of  the  Oriental 
f"".^  vhich  tiiey  were  connected,  although 
bodi  is  iji  iinB  and  in  its  application  it  approached 
Tay  toA  ts  the  Lacxrm a  and  Palvoam bntum 
of^  finaai,  and  was  itself  to  some  extent 
'^^  I7  the  Romans  under  the  emperors.  It 
•»•  fcr  the  moat  part  woollen ;  and  it  differed 
3«3  the  ^Mr,the  usual  amictus  of  the  male 
■^x,  IB  theie  reipectB,  Uuit  it  was  much  smaller ; 
^  fiscr,  thinaer,  more  variegated  in  oolotir,  and 
jw*  iOMepdUe  of  ornament  It  moreorer  dif- 
jarf  is  being  oUong  instead  of  square,  ito  length 
«a?  paeially  about  twice  its  breadth.  To  the 
'^oMnng«,i,  c  d  (see  woodcut),  goara  were 
■^either  in  the  form  of  a  right4mgled  triangle 
^<'/»  pwdseii^  the  modification  a,  «,  p,  d,  which 
nexeaptified  m  the  annexed  figure  of  Mercury  ; 
«»«  M obtsae^igied  triangle  a, «,  6,  producing  the 
^^^f^^<h^^,e^ff,d,  which  is  exemplified  in 
Y^  bgoie  of  ayonth  fam  the  Panathenalc  frieae 
BlhefiritiihMuenm.    These  goais  wero  called 


CHLAMYa 


sri 


vrcp^T,  wmffs^  and  the  scarf  with  those  additions 
was  distinguished  by  the  epithet  of  Thessalian  or 
Macedonian  (Eiym.  Mag.\  and  also  by  the  name 
id^iiXXi!^  Of  AUcida.  [Aljccla.]  Hence  the  an- 
cient geographers  compared  the  form  of  the  in- 
habited earth  (^  oUnvfUtni)  to  that  of  a  chbmiys. 
(Stiabo,  ii«  5  ;  Macnbins,  D$  Somn,  Se»p.  il) 

The  scarf  does  not  appear  to  have  been  much 
worn  by  children,  although  one  was  given  with  its 
brooch  |o  Tiberius  Caesar  in  his  infency.  (Suet 
Tib.  6.)  It  was  geaeially  assumed  on  reaching 
adolescence,  and  was  worn  by  the  ephebi  from 
about  seventeen  to  twenty  yean  of  age.  (Philemon, 
pu  367,  ed.  Meineke  ;  epMnea  eUamyde^  A)>uleias, 
Met  X ;  Pollux,  x;  1 64.)  It  was  also  worn  by  the 
military,  especially  of  h4rh  rank,  over  their  body- 
armour  (Aelian,  V,  H.  xiv.  10  ;  Pfamt  P$ewl,  ii. 
4.  45,  Epid,  iii  S.  55),  and  by  hunters  and  tra- 
vellers, more  particularly  on  horseback.  (Pkut 
Poen.  iii  8.  6,  31.) 

The  scarfe  worn  by  youths,  by  soldiers,  and  by 
hunters,  differed  in  colour  aad  fineness,  according 
to  their  destination,  and  the  age  and  rsnk  of  the 
wearer.  The  xW^  i^^u^  wts  probably  yel- 
low or  saffion-coloored  ;  and  the  xKaLiths  ffrpcerm- 
Ti«^,  acariet  On  the  other  hand,  the  hunter  com- 
monly went  out  in  a  scarf  of  a  dull  unconspicuous 
colour,  as  best  adapted  to  escape  the  notice  of  wild 
animals.  (Pollux,  v.  18.)  The  more  ornamental 
scarfs,  being  desigiied  for  females,  wero  tastefully 
decorated  with  a  border  (/tm^iM,  Viig.  Am.  iv. 
137;  maeandeTj  v.  251);  and  those  worn  by 
Phoenicians,  Trojana,  Phrygians,  and  other  Asiatics, 
were  also  embroidered,  or  interwoven  with  gold. 
(Yiig.  A  00. ;  iii.  483,  484,  xi  775  ;  Ovid,  AfeL 
V.  51  ;  VaL  Fkccus,  vL  228.)  Actors  had  their 
chlamys  ornamented  with  gold.    (Pollux,  iv.  116.) 

The  usual  mode  of  weanng  the  scarf  was  to  pass 
one  of  its  shorter  sides  (a,  d)  round  the  neck,  and 
to  fiuten  it  by  means  of  a  brooch  ( >E6da),  either 
over  the  breast,  in  which  case  it  hung  down  the 
back,  reachmg  to  the  calves  of  the  legs  ;  or  over 
the  light  shodder,  so  as  to  cover  the  left  arm,  as 
is  seen  in  the  cut  on  p.  259,  and  in  the  we]l>known 
example  of  the  Belvidere  Apollo.  In  other  in- 
stances it  was  made  to  depend  gracefully  from  the 
left  shoulder,  of  which  the  bronse  Apollo  in  the 
British  Museum  (see  the  annexed  woodcut)  pre- 
aents  an  example  ;  or  it  was  thrown  lightly  behind 
the  back,  and  passed  over  either  one  arm  or 
shoulder,  or  over  both  (aee  the  second  figure  in  the 
last  woodcut,  taken  from  Hamilton's  Vases,  i.  2)  ; 
or,  lastly,  it  was  laid  upon  the  throat,  carried  be- 
hmd  the  neck,  and  crossed  ao  as  to  hang  down  the 
back,  as  in  the  figure  of  Achilles  (p.  196),  and 
sometimes  its  extremities  were  again  brought  for- 
ward over  the  arms  or  ehouldera.  In  short,  the 
T  2 


CHLAMY& 


remaina  of  ancient  art  of  every  description,  show 
in  how  high  a  degree  the  scarf  contributed,  by  its 
endless  diversity  of  arrangement,  to  the  dispLiy  of 
the  human  form  in  its  greatest  beauty  ;  and  Ovid 
has  told  us  bow  sensible  the  ephebi  were  of  its 
advantages  in  the  account  of  the  care  bestowed 
upon  this  part  of  his  attire  by  Mercury.  (Met.  ii. 
735.)  The  aptitude  of  the  scarf  to  be  turned  in 
every  possible  form  around  the  body,  made  it  use- 
ful even  for  defence.  The  hunter  used  to  wrap 
his  chlamys  about  his  left  arm  when  pursuing  wild 
animals,'  and  preparing  to  fight  with  them.  (Pol- 
lux V.  18 ;  Xen.  Cyneg.  vi.  17.)  Alcibiades  died 
fighting  with  his  soirf  rolled  round  Ids  left  hand 
instead  of  a  shield.  The  annexed  woodcut  exhibits 
a  figure  of  Neptune  armed  with  the  trident  in  his 
right  hand,  and  having  a  chlamys  to  protect  the 
left  It  is  taken  from  a  medal  which  was  struck 
in  commemoration  of  a  naval  victory  obtained  by 
Demetrius  Poliorcetes,  and  was  evidently  designed 
to  express  his  sense  of  Neptune^s  succour  in  the 
conflict.     When  Diana  goes  to  the  chase,  as  she 


does  not  require  her  scarf  for  purposes  of  defence, 
she  draws  it  from  behind  over  her  shoulders,  and 
twists  it  round  her  waist,  so  that  the  belt  of  her 
quiver  passes  across  it,  as  shown  in  the  statues  of 
this  goddess  in  the  Vatican  (see  woodcut). 

It  appears  from  the  bas-relie&  on  marble  vases 
that  dancers  took  hold  of  one  another  by  the 
chlamys,  as  the  modem  Greeks  still  do  by  their 
scarfs  or  handkerchiefs,  instead  of  taking  one  an- 
other's hands. 

Among  ths  Romans  the  scarf  came  more  into 
use  under  the  emperors.  Caliguhi  wore  one  en- 
riched with  gold.  (Suet  CaUff.  19.)  Alexander 
Scvenis,  when  he  was  in  the  country  or  on  an 
expedition,  wore  a  scarf  dyed  with  the  coccus 


CHOREGIIS. 

(cilamyds  cooeinea^  Lamprid.  AL  Sev.  40 ;  coDpi 
Afotf.  xxviL  28,  31).  [J.Y.I 

CHLOEIA  orCHLOIA  (xXiJfia  or  xA«ui\ 
festival  celebrated  at  Athens  in  honour  of  Demet 
Chloii,  or  simply  Chlog,  whoae  temple  itood  ne 
the  Acropolis.  (Hesych.  s.  v.  x^w ;  Athen.  x 
p.  618  ;  Sophocl.  Oed.  Col.  1600,  with  the  Sdi 
liast ;  Pans.  I  22.  §  3.)  It  was  solemnized 
spring,  on  the  sixth  of  Thargdion,  when  the  bk 
soms  began  to  appear  (hence  the  names  x^  > 
X^^cia),  with  the  sacrifice  of  a  goat  and  roa 
mirth  and  rejoicing.  (Eupolis,  t^md  SckoL  ( 
Soph.  Oed,  Col,  L  c)  [LS.] 

CHOENIX  (xo*»'»l),  a  Greek  meuan  of  < 
parity,  the  sixe  of  which  is  differently  giTen ; 
was  probably  of  different  sizes  in  the  several  rtat 
Pollux  (iv.  23),  Suidas,  Cleopatra,  and  the  ia 
ments  of  Galen  (c  7,  9)  make  it  equal  to  thr 
cotylae,  or  nearly  1|  pints  English  ;  another  fn 
ment  of  Galen  (c  5),  and  other  authontiet  (Pas 
ton,  Melrolog.  p.  233)  make  it  equal  to  four  cotyb 
or  nearly  2  pints  English  ;  Rhemnius  Fannius  ( 
69\  and  another  fragment  of  Galen  (c  8)  make 
eight  cotylae,  or  neaj^y  4  pints  English.  (Won 
De  Pond.  H  Mens.  &c,  pp.  132, 142, 199;  Ha» 
Ancient  WeighU,  Ac.  pp.  209,  214.         [P.S.j 

CHOES  (x<<«)-     [DiONYSiA.] 

CHORE'GIA.     [CHOREGU8.J 

CHORE'GUS  (xof»»ry<Js).  «»«  ^^^  ^^  ^  ^' 
charge  the  duties  of  the  Choregia  (xopiTX^)-  T' 
Choregia  was  one  of  the  most  expensive  of  the  o 
dinary  or  encyclic  liturgies  at  Atnens.  [LuTri 
oiA.]  The  ch(»'^;us  was  appointed  by  his  tn7i 
though  we  are  not  informed  according  to  vh 
order.  The  same  person  might  serve  as  chorp«i 
for  two  tribes  at  once  (Antiph.  de  Ckorrui 
p.  768 ;  Dem.  c  Lept.  p.  467)  ;  and  after  a  c.  4l 
a  decree  was  passed  allowing  two  persans  to  uui 
and  undertake  a  choregia  together.  (ScboL  i 
Aritl.  Ran,  406.)  The  duties  of  the  choreg 
consisted  in  providing  the  choruses  for  tnsedj 
and  comedies,  the  lyric  choruses  of  men  and  boi 
the  pyrrhicists,  the  cyclic  chonues,  and  il 
choruses  of  fiute-players  for  the  different  rciisio 
festivals  at  Athens.  When  a  poet  intended 
bring  out  a  play,  he  had  to  get  a  chonw  awigw 
him  by  the  archon  [Chorus],  who  nominated 
choregus  to  fulfil  the  requisite  duties.  Tl 
choregus  had  in  the  first  place  to  get  the  choreati 
In  the  case  of  a  chorus  of  boys  this  vta  tm 
times  a  difficult  matter,  auice,  in  consequence  of  t) 
prevalent  paederastia  of  the  Greeks,  parents  ve 
frequently  unwilling  to  suffer  their  boji  to  1 
choreutae,  lest  they  should  be  exposed  to  carm 
ing  influences  during  their  training.  Solon,  vr 
the  view  of  lessening  the  dangers  to  which  th( 
might  be  exposed,  haid  enacted  that  choregi  ihoA 
be  more  than  forty  years  of  age.  But  the  Jj 
waa  by  no  means  rigidly  olwerved.  i^m 
0.  TVmorcA.  p.  391.)  If  the  boys  coidd  be  obtaa 
in  no  other  way,  compulsion  was  allowable,  {i 
tiph.  L  e.)  Having  procured  the  choreutae,  < 
choregus  had  next  to  provide  a  trainer  for  \m 
(Xop^iidffKaXos).  It  was  of  course  a  matttf 
great  importance  to  get  a  good  trainer.  The  I 
portionment  of  the  trainers  was  decided  bv  I 
that  is,  as  Bdckh  imagines,  the  choregi  decided 
lot  in  what  order  they  were  to  select  the  tiainl 
which  was  in  &ct  the  mode  of  procccdinir  J« 
respect  to  the  flute-player.  (Dera.  &  M^ 
619.)    The  choregus  had  to  pay,  not  only  1 


CHORUS. 

fiobec,  Wt  tie  cboraitee  therafelTO,  and  mkui- 
lab  tkcm  vbile  \hej  were  in  tnuning,  proTiding 
tbm  with  sneh  Ibod  as  vss  adapted  to  strengthen 
c?  Toke*;  and  to  provide  a  suitable  training 
^ace  (xyrytwr)  if  he  had  no  place  in  his  own 
hsmc  ad^tol  fer  tiie  purpose.  (Antiph.  Le.; 
Atbm,  xir.  p.  617, b. ;  Sdid.  ad  AriaL  NiA,  S38, 
ici«s.l]54;  Pliit.<feGfor.u4<l.p.349,a;  Xen. 
^  i2>7«2^  JA.  1 13 ;  PolL  iv.  106,  iz.  41.)  He 
bd  also  to  provide  the  chorus  with  the  requisite 
^."saea,  cnvm,  and  raaaka.  (Dem.  e.  il/«Ml.  p. 
519;  Atheo.  iiL  p.  103, £)  It  is  not  to  be  snp> 
paid,  howeter,  that  the  chonegos  defrayed  the 
v^ie  expeoBe  of  the  play  to  be  represented. 
Tie  diflCi^**  ^^  ***  JD^dged  to  have  perfbnned 
ka  dates  ia  the  best  Tnanner  received  a  tripod  as 
I  prtze,  the  expense  of  which,  however,  he  had  to 
idaj  hiiDsdf ;  and  this  expense  freqaently  in- 
eisded  the  binldmg  of  a  cell  or  du^  in  which 
t^d^diate  it  A  street  at  Athens  was  called  the 
Sccrt  of  the  Tripods,  from  being  lined  with  these. 
T:it  tribe  to  which  the  choregos  belonged  shared 
the  feoDon  of  the  vietoiy  wi£  him,  and  the  names 
«f  both  were  inscribed  upon  the  tripod  or  moou- 
Bfet  (Pans,  i  20.  §  1  ;  Plat  Gorg.  p.  472  ; 
F.iL  Sk.  3.)  The  soma  expended  by  choregi 
vere  doaUkiB  in  moat  cases  larger  than  was  abso- 
liiiclj  oeceisarj.  Aristopbanes  (Lys.  pro  AritL 
&«.  pf  633,  642)  spent  £000  drachmae  upon  two 
kagie  ckfoses.  From  the  same  orator  we  learn 
^  an^er  penon  spent  3000  drachmae  upon  a 
0^4  tragic  ehoms  ;  2000  fer  a  chorus  of  men  ; 
5000  ix  a  chonis  of  m^  on  another  occasion, 
vbo,  kariog  gained  the  prize,  he  had  to  defray 
the  expense  of  the  tripod  ;  800  drachmae  fer  a 
ch?3i  of  pjiducists  ;  300  drachmae  for  a  cyclic 
(hgnsL  (Lj%.  &S0A.  Bttpoi,  pp.  698,  ed.  Reiske.) 
A  dura  of  flate-playera  cost  more  than  a  tragic 
^tm.  (Dem.  c  MekL  pL  565.)  In  times  of 
p^  dkicss,  the  requisite  number  of  choregi 
mid  DQt  always  be  procured.  Thus  the  tribe 
Put&aa  had  fermshed  no  choregus  for  three 
Tian,  till  Demosthenca  Toluntarily  undertook  the 
«&e.(DenL  A  Jlml.  pp.  578,  579;  comp.  Bdckh. 
Ay.JS«i.</.ltta««,bookiiic.22.)  [CP-M,] 
CHOROBATBS,an  ins&nment  for  deteimining 
^  ibiFe  of  sa  aqueduct  and  the  levels  of  the 
nmtry  tfanngh  whjch  it  was  to  pass.  From  the 
^'"cnpooo  given  of  it  fay  Vitruvius,  it  appears  to 
bre  di&zed  but  very  slightly  from  a  common 
orpottt^lerel,  which  consisU  of  a  straight  rule 
^iwiog  a  petpendicnlar  piece,  against  which 
Baap  a  iJonib-line.  The  diorobates  had  two  per- 
I^B^nim  and  plumb  lines,  one  at  each  end,  in- 
Mod  of  a  aogle  one  in  the  middle.  The  derivation 
ff  tile  vqrI  ia  from  x<6pa  and  fiabw,  from  ito  use 
a  wreyiag  land  minutely.  [P.  S.] 

CHORUS  (x^r ),  a  wofd,  the  original  meaning 
^  decinuian  of  which  are  somewhat  uncertain. 
-^f<>>^  to  Heaychins  the  word  is  equivalent  to 
***«  nr  rrc^cvor.  If  so,  the  word  probably 
>^ifi«d  origpally  a  company  of  dancera  dancing 
».«  nog.  Those  who  adopt  that  view  of  the 
*¥iB  of  the  word  connect  it  with  xipros^  x'>P^"^*t 


CHOBU& 


277 


*  The  speech  of  Antiphon,  wcpl  rw  xatpevroiv^ 
^Mopoed  for  a  trial  which  arose  out  of  an 
■j^brooght  by  the  fether  of  a  choreutes  against 
t«  choregoi  mider  whose  chaxge  he  was,  because 
rae  W  bad  died  from  drinking  8<»ne  mixture 
S^  Itim  to  imprave  his  Toioe. 


and  tfptufis,  Othen  suppose  that  the  eariicst 
signification  of  the  word  is  that  of  a  level,  open 
space,  such  aa  would  be  suited  fer  daocti^f,  and 
connect  it  with  x^P«  »d  x^^P^  m  that  the  later 
and  ordinary  signification  of  the  word  would  be 
derived  from  sudi  places  being  employed  fer  dan»> 
ing.  This  aeems  a  less  likely  account  of  the  word 
than  the  other.  If  the  name  x^f^  ^"U  gi^«n  to 
such  pbues  wUk  refartmet  to  tkmr  urn  for  donemg^ 
we  should  still  have  to  look  to  this  latter  idea  for 
the  origin  of  the  name  of  the  pkce  ;  if  the  name 
was  a  general  one,  like  x*^%  it  seems  very  im- 
likely  that  a  body  of  dancers  should  derive  their 
name  from  what  is  so  very  little  distinctive  of 
them,  namdy  their  meeting  in  an  open  qiace.  On 
the  other  hypothesis  it  is  easy  to  understand  how 
a  word  signifying  a  body  of  dancers  should  come 
to  signify  the  place  where  they  danced,  and  thcga, 
more  generaOv,  any  place  suited  for  the  purpose. 
As  regards  the  usage  of  the  word,  in  Homer  it 
commonly  means  a  troop  of  dancers;  in  the 
Odyssey  (viii.  260, 264,  xii.  4)  passages  are  found 
where  it  means  a  place  for  dancing ;  •h^x'^po*  is 
found  both  in  Homer  and  in  later  writers  -as  an 
epithet  of  dties  having  large  open  squares  or  places 
suited  fer  choral  performancea.  A  comparison  with 
the  corresponding  word  tuJJJixopos  shows  that  the 
notion  of  da$»cing  must  not  be  lost  sight  oC  At 
SparU  the  agora  was  called  x<^*  (Paus.  ill  11. 
§9). 

In  later  times,  a  chorie  perfennance  always  im- 
plies the  singing  or  musical  redtation  of  a  poetical 
compontion,  accompanied  by  appropriate  dancing 
and  gesticuhition,  or  at  least  bj  a  measured  marelu 
The  choruses  that  we  read  of  m  Homer  are  merely 
companies  of  dancers,  who  move  to  the  music  of  a 
song  sung  by  the  minstrel,  who  accompanies  him- 
self  on  the  dthara  or  phorminx.  In  the  palace  of 
Alcinous  the  dancers  perform  their  evolutions, 
while  Demodocus,  to  the  music  of  the  phorminx, 
sings  the  loves  of  Ares  and  Aphrodite  {Od.  viii. 
256,  &c ).  In  the  chorus  represented  on  the  shield 
of  Achilles  (iZ.  xviiL  590,  &c.)  a  bend  of  youths 
and  maidens  dance,  holding  each  other  by  the 
hand,  sometimes  in  a  ring,  sometimes  in  parallel 
lines  opponte  to  each  other.  In  the  midst  of  the 
dancers  are  two  Kv€urnrni^s^  or  tumblera,  who, 
apparenUy,  by  their  gesticulations  direct  and  lead 
q^(  ^(c^orrcs)  the  measured  movements  {ftoKtHi) 
of  the  dancers.  So  in  the  Homeric  hymn  to  the 
Pythian  Apollo  (10,  &c)  a  company  of  goddesses 
dance,  while  the  Muses  aing,  and  Apollo  plays  the 
dthara.  The  part  of  the  jcufumrrqpcs  ia  per- 
formed by  Ares  and  Hermes,  who  gesticulate 
(mdCou&t)  in  the  midst  of  the  dancera.  In  the 
deacription  of  the  nuptial  procession  in  Hedod 
(SSUdd  of  Here.  272,  &c.)  it  u  not  quite  dear 
whether  the  chorus  of  youths  are  ainging  and  danc- 
ing to  the  sound  of  tiie  pipe,  or  playing  the  pipe 
themselves.  The  band  of  revellers  (K&fu>s)  who 
follow  both  dance  and  sing.  That  the  chonis,  in 
the  earliest  times,  consisted  of  the  whole  population 
of  a  city  assembled  for  dances  and  hymns  in  honour 
of  their  guaidian-god,  might  be  true  if  the  whole 
population  joined  in  the  dance,  but  not  otherwise, 
for  the  term  chopia  never  included  the  apectatora. 

Whether  the  Dorians  were  the  first  who  had 
choruaes  at  festive  or  reliffioua  celebmtiona,  or 
whether  Apollo  was  the  deity  in  connection  with 
whose  worahip  choraaes  first  made  their  appear- 
ance, are  pomts  which,  in  the  absence  of  all  evi-' 
T  8 


270 


CH0RUS5. 


dence,  tat  bett  left  undecided.  Tha  war-danoes 
of  the  Curetcfl  in  Crete  in  honour  of  Zeoa,  seem  to 
be  quite  u  ancient  as  may  that  we  know  of  in 
honour  of  ApoUo.  However  dancet  maj  have 
originated,  it  was  natural  that,  like  music  and 
poetry,  they  should  at  a  yeiy  early  period  be  con- 
nected with  the  worship  of  the  gods  ;  and  in  that 
connection  it  is  certainly  true  that  it  was  among 
the  Dorians,  and  oonnecked  with  the  worship  of 
ApoUo,  that  the  chorus  received  its  earliest  de- 
▼dopment,  though  there  does  not  appear  sufficient 
evidence  to  support  the  conclusion  that  the  worship 
of  ApoUo  existed  nowhere  without  having  been 
introduced  by  the  Dorians. 

The  imperfect  tjrpe  of  the  later  chorus  appears 
in  the  earliest  period  in  the  paean,  as  sung  by 
a  company  either  sitting  still  (7Z.  i.  473),  or  moving 
along  with  a  measured  step  (IL  zxiL  391).  In 
the  Homeric  hymn  to  the  Pythian  Apollo  we  have 
the  god  himself  as  leader  of  the  chorus,  playing 
the  phorminx,  while  the  chorus  of  Cretans  follow 
him  at  a  measured  pace,  and  sing  the  Paean. 
[Paban].  Thu  exhibits  the  Paean  in  a  some- 
what later  stage  of  development  In  Homer  it 
appears  as  a  less  formal  and  systematic  perform- 
ance. Dancing  was  very  eariy  connected  with  the 
worship  of  Apollo  in  Delos  (Hymn.  ApoU.  Del. 
L  149,  &&),  and  in  Crete.  (Hesiod.  Fr.  94. 
Gottl.)  It  was  in  Crete  that  the  mimetic  dance, 
called  Hyporehema,  took  its  origm  [Hyporchema; 
SaltatioJ,  and  it  was  thence  also  that  the  sub- 
sequent innovations  upon  the  staid  gravity  of  the 
Paean  were  derived,  traces  of  the  origin  of  which 
were  preserved,  in  the  name  of  the  rhythms  and 
dances.  (MUUer,  Doriam^  il  8.  §  14.)  To  Tha- 
letas  are  attributed  the  most  important  improve- 
ments. He  cultivated  the  art  of  dancing  no  less 
than  that  of  music,  and  adapted  the  evolutions  of 
the  chorus  to  the  more  spirited  movements  of  the 
Phrygian  style  of  music.  He  is  said  to  have  com- 
posed both  paeans  and  hyporehemes,  the  hitter  of 
which  he  adapted  for  the  Pyrrhic  or  war- dance  ; 
and  from  having  given  them  a  more  artistic  form, 
he  came  to  be  regarded  by  some  as  the  inventor  of 
them.  (MUlIer,  Hutory  of  tke  LUeraiun  of  An- 
cient Greece^  p^  160,  &c.)  Paeans  began  to  be 
sung  with  an  orehestic  accompaniment  on  the  part 
of  the  chorus,  especially  at  the  festival  of  the 
Oymnopaedia  [Gymnopabdia],  and  by  degrees 
became  scarcely  distinguishable  from  the  hj-por- 
cheme.  (MUller,  2.  e.  p^  160  ;  Bode,  Gtaek,  der 
HeUen,  Diehik,  vol  ii.  parti  p. 46.)  That  com- 
bination of  singing  and  dancing  which  we  find 
in  the  choruses  of  uter  times,  to  which  the  remark 
of  Ludan  applies  {de  SalL  30),  vdKou  fjJ^v  yhp  ol 
aitnol  irol  }9w  iral  itpxowro,  was  probably  intro- 
duced by  degrees.  It  had  taken  place  before  the 
time  of  Alcman,  who  introduced  into  his  choral 
compositions  an  antistrophic  character.  A  laige 
number  of  these  he  composed  for  choruses  of  vir- 
gins :  in  some  there  was  a  dialogue  between  the 
chorus  and  the  poet  (Miiller,  Ley,  194,  &c) 
In  his  compositions  strophes  and  antistrophes  of 
the  same  measure  usually  succeeded  each  other  in 
indefinite  number.  Stesichorus  introduced  the  im- 
provement of  adding  an  epode,  during  which  the 
chorus  were  to  stand  still,  to  the  strophe  and  anti- 
strophe.  (Suidas,  9.  V.  rpia  Sriio-cx^v ;  MiiUer, 
/.  0.  p.  199.)  In  the  arrangement  of  his  choruses 
he  seems  to  have  had  a  great  partiality  for  the 
octagonal  form,  or  for  certain  combinations  of  eight, 


CHORUS: 

whence  arose  the  proverb  irdarra  darr^.  At  Cat 
there  was  erected  to  him  an  octagonal  moimni 
with  8  columns  and  8  stepa.  (Suidas,  9.v  Hi 
oktA  and  Snfoixof'o'*) 

In  all  the  Dorian  states,  especially  among 
Spartans,  these  choral  perfonnanoes  were  culti^a 
with  great  assidui^.  Various  causes  cootribu 
to  this,  as  for  example,  their  universal  emplonD 
in  the  worship  of  ApoUo,  the  fiict  that  thev  « 
not  confined  to  the  men,  bat  that  women  aUo  t 
part  in  them,  and  that  many  of  the  dances  \a 
gymnastic  character  given  them,  and  weit  < 
ployed  as  a  mode  of  training  to  martial  excrci 
[SALTATia  1  Hence  it  arose  that  the  Dorian  \\ 
poets  directed  their  labours  almost  entirely  to  i 
ply  the  demand  for  songs  and  hymns  to  be  ast^ 
accompaniments  to  the  daiwys,  uid  that  Doric  li 
poetry  became  almost  exclusively  choral,  rb 
was  not  the  case  with  the  other  great  ichool 
Greek  lyric  poetry,  tke  Aeolian  ;  so  that  the  Dc 
dialect  came  to  be  looked  upon  as  the  appnpn 
dialect  for  choral  compositions,  and  Done  fw 
were  retained  by  the  Athenians  even  in  the  cfao 
compositions  which  were  interwoven  with  Hk 
dramas.  (MUller,  Dorians^  iy.  7.  §  9.)  Still  it 
not  to  be  supposed  that  there  waa  no  choral  poet 
which  was  not  Doric.  Several  Lesbian  lyric  poet 
appear  to  have  had  a  choral  character.  (Mullf 
HisL  of  Lit.  of  Greece^  p.  165.) 

The  Spartans  had  various  kinds  jf  due 
(MUller,  Dor.  iv.  6.  §  8,  &c)  ;  but  the  taree  prii 
cipal  styles  were  the  Pyrrhic,  the  Gymoopaedi 
and  the  Hyporchematic  (Athenaens,  xiv.  p  (>3, 
XV.  p.  678),  in  all  of  which  something  of  a  mime^ 
character  was  to  be  found,  but  more  especial] 
in  the  last  MUller  {lAL  tifGr.^  161)  eipim 
an  opinion  that  the  gymnopaedic  style,  to  vfaic 
the  tiiiUxtia  of  tragedy  corresponded,  is  not  to  I 
confounded  with  the  dances  of  the  imnnopaedi 
festival.  The  Pyrrhic  or  war  dance  (»fwAis.  Ham* 
calls  hoplites  wpvXi^s)  was  made  suhwniait  < 
gymnastic  and  martial  training.  Hence  the  anal^^ 
that  may  be  traced  between  the  constnictioa  am 
evdution  of  the  chorus  and  of  the  lochus.  (Miilki 
Dor.  iil  12.  §  10  ;  Lucian,  <U  SatiaL  7.)  At  th 
Gymnopaedia  large  choruses  of  men  snd  boys  ap 
peared,  in  which  great  numbers  of  the  cititto 
would  have  to  take  part.  (MUller,  Dor.  iv.  6.  §  i 
At  several  of  the  festivals  there  were  distinc 
choruses  of  boys,  men,  and  old  men.  (Plu^  ^ 
curp.  21 ;  Pollux,  iv.  107 ;  MUller, />or.  iv.  6.  §5 
Hist,  of  the  Lit  of  Gr.  p.  194.)  Dances  in  wfed 
youths  and  maidens  were  intermii^led  were  caliw 
tptMi.  (Lucian,  de  Salt  12.)  It  was  in  the  bypff 
chematic  dance  especially  that  the  chonu  Iw 
sang  and  danced.    (Athen.  xiv.  pi  631.) 

The  instrument  commonly  used  in  connecUoi 
with  the  Doric  choml  poetry  was  the  citfaan.  Xo 
the  Pyrrhic  dance,  however,  the  flute  was  e» 
ployed.  (MUUer,  Dor.  iv.  6.  §  7,  //«<.  ^^'  ^ 
pt  161.)  In  the  hyporchematic  perfanaanw*  * 
Delos,  described  by  Lucian  (da  S^  6),  both  Ui4 
cithara  and  the  flute  were  used.  .-^^^^^ 
speaks  of  the  flute  as  an  accompaniment  v>  ^ 
Lesbian  paean  (ap.  AUien.  v.  p.  180).  1^  ^*  ^ 
therefore,  quite  correct  to  say  that  wherever  « 
find  the  flute  employed,  we  have  not  a  Jffff^ 
chorus  but  a  comus.  (Comp.  Bode,  vol  it  pai^  ^  flij 
47,  208.)  Thaletas,  who  introduced  the  I'hnTtfJ 
style,  probably  made  use  of  the  flute  as  veil  *< 
the  citban.    It  wa#  in  connection  with  the  by 


CHORUa 
fasAeat  tJot  ftote  miiBic  waa  fint  intndaoed  into 
tiiewacBiiipof  Apoikk  (Bode,  toL  iL  pent  ii.  ]^  1 S, 
16,  17,  33,  34,  244.)  For  tke  «iyMf,  however, 
vhkh  «»  a  niithM  and  xrrcgiihr  prooeflkii,  m 
viiidi  tkose  -viio  took  part  m  it  both  nog  and 
duMxd  (aa  m  tiw  aeayiM  part  of  the  marriago  pn>- 
asaoiideacnbedbjHcdod,5U0U<2^JVcTe.  281, 
&£.\  the  flute  waa  the  legolar  instmrneiit 

A  gicat  hnprtnii  was  given  to  chcnl  poetiy  bj 
its  applifatwB  to  the  uthyiamb.    Thn  andcDt 
fiKchaaaliaa  yritiiinanff,  the  oiigin  of  which  is 
St  say  tatt  eailier  than  Axchilochua,  who  in  one  of 
the  fragaimti  of  hia  poetrjr,  nyi  that  **  he  knom 
hoT  so  kad  off  the  dxthyramb,  the  beantifiil  iong 
id  Dionjaai,  wbai  hia  mmd  is  inflamed  with  wine** 
(Aihea.  xit.  pu  628),  seems  to  hare  been  a  hymn 
Bag  Ijj  me  or  moie  of  a  im^5,  or  ineguhv  band 
■€  lefi^kia,  to  the  mnaie  of  the  flute.    Arion  was 
the  flat  who  gave  a  zegnlar  choral,  or  autistrophie 
6za  to  the  dithyiambi    This  improrement  was 
aODdaeed  at  Corinth.  (Herod.  L  24  ;  Pindar,  OL 
ziiL  18  or  25,  with  the  notes  of  the  commenta- 
ten.)      The  chcroaes,  which  ordinarily  consisted 
cf  £^  ami  or  yooths  (Simonides,  Epigr,  58,  Br. ; 
Tieiiea,  proioff.  ad  l^eapkr,  toL  i.  pw  251,  ed. 
MoIIer),  danced  in  a  ring  romid  the  altar  of 
Di»ysna.  Ucnee  they  were  termed  egdk  choruses 
(c^kAjoc  xyOa  *»^  dithyrambic  poets  were  im- 
deritood  by  the  torn  r»KAio8i3d<rKa\o<.  This  also 
expkioa  the  name  Cydeas,  given  to  the  lather  of 
Arien  (MfiUs^  HvL  Gr.LU.^  204).     With  the 
iatrodoetion  ef  a  xegolar  choral  character,  Aiion 
aI«o  sabatitatod  the  dthaia  for  the  flute.    The 
oatfaMBt  thai  he  was  the  inventor  of  the  ingio 
ttgU  {rpayuAs  rfim9s\  means  probably  that  he 
stiadaced   dithyiambs    of  a  gloomy  character, 
baving  flir  their  subject  the  sorrows  of  Dionysus, 
as  «^  as  the  more  gay  and  joyous  song  (Mttller, 
Lc  FfL204,  290).    Arion  is  also  said  to  have  been 
tbe  fizst  to  introduce  into  these  choruses  satyrs 
^leaking  in  rerse.     Lasus,  of  Hennione,  gave  a 
fineer  form  to  the  (Uthyramb,  by  diresting  it  of  its 
■ntatraphic  character,  and  set  the  example  of  in- 
trodacmg  the  dithyiarabie  style  into  compositions 
not  immediately  connected  with  the  wonhip  of 
I^onyna.    He  also  united  with  the  representation 
«f  the  dithynmb  taunting  jests.    It  was  through 
hira  that  dithynmbie  contests  were  introdu^d 
at  Atheaa^  at  which  the  prize  for  the  successful 
poet  was  a  tripos,  and  for  the  chorus  a  buIL    (See 
t^  epa^  on  Simoaides,  AnUiol.  PaL  vL  213, 
Fr.  PL  190,  ed.  Jacobs  ;  SchoL  ad  Aristoph.  Rtm, 
3S0,  lop.  140a)    The  dance  of  the  cyclic  chorus 
was  the  Dionysiac  variety  of  the  Pyrrhic  (Aris- 
toph. Av.  153  ;  AtheiL  xiv.  p.  631,  a.).     In  the 
time  of  ^iwMMyt^  thnugh  the  innovations  of  La- 
SBs,  Crexas,  Phxynis,  and  others,  the  citharoedie 
chsiader  which  Arion  had  given  to  the  dithy- 
nmb had  pnanrd  into  the  auloedic.    As  the  di- 
thjxmab  lo«t  ito  antistrophic  character,  it  became 
mom  and  mace  thoroughly  mimetic  or  diamatic, 
sad  as  its  performance  required  more  than  ordinary 
i^  dithyrambs  came  to  be  performed  by  ama- 
tara  (AristoC  ProU.  xr.  9,  RkeL  ill  9  ;  Plat,  de 
Mm».  29L  PL  1 141,  b. ;  Produs,  ap.  PhoL  cod.  239. 
pL32Q,cd.Bekkcr;  Bode,  ii.  part  il  p.  312,  &c.) 
For  ordinary  ehofuses  the  universal  culture  of  music 
sod  dancing  would  make  it  no  difficult  matter  to 
&id  a  chorea.     Wealthy  men  or  tyrants  no  doubt 
SBiDtsined  choceutae,  as  they  maintained  poets 
sad  Busidaiia.    Poets  of  distinction  would  have 


cnoRua 


vo 


chcrea^  attached  to  them.  There  wera  also  pro- 
fessed chorus-trainers,  whose  services  wero  in  n* 
^position  when  the  poet  was  viable  to  drill  the 
chonis  himself;  and  these  often  had  a  body  of 
chorentae  attached  to  them.  The  ledtetion  of 
Pindar^  second  Isthmian  ode  was  undertaken  in 
this  way  by  Nicesippus,  with  aa  Agrigentine 
chorua.  The  sixth  Olympian  ode  was  undertaken 
by  Aeneas,  a  Boeotian,  with  a  trained  chorus 
which  he  brought  with  him  (SchoL  ad  Pind. 
Idkm,  ii  6,  (Hymp.  vL  148).  Most  of  Pindar'k 
epinida  wen  oomus-songs,  though  not  all  (Bode, 
ii  2.  p.  255 — ^257),  and  the  comuses  which  «ng 
them  must  frequently  have  been  of  a  somewhat 
artificial  eoostnction. 

Respecting  the  mode  in  which  trsgedy  was  de- 
Teloped  ftam  the  dithyiamb,  and  the  functions  of 
the  ehorus  in  tragedy,  the  reader  is  refeirod  to 
the  artide  Traoobdia. 

From  the  time  of  Sophocles  onwards  the  regular 
number  of  the  chorus  in  a  tragedy  was  15.  (SchoL 
ad  Aristoph.  Eqmi,  586,  Av.  298 ;  Pollux,  iv. 
lOa)  The  account  given  by  Suidas  (a  v.  %o^ 
icXJir),  that  Sophodes  raised  the  number  frina 
12  to  15  is  deseiTittg  of  attention,  though  then  an 
great  difficulties  connected  with  it.  Pollux  (iv. 
110)  has  an  absurd  story  that  the  number  of  the 
chorus  was  50  before  the  representation  of  the  £u- 
menides  of  Aeschylus,  and  that  the  number  was 
then  reduced  by  a  law  on  account  of  the  terror  pro- 
duced by  the  appeannce  of  the  50  Eumenides.  It 
seems  scarcely  possible  to  airive  at  any  definite  con> 
dusion  with  r^ard  to  the  number  of  the  chorus  in 
the  eariy  dmmas  of  Aeschylus.  The  foct  that  the 
number  of  the  dithyrambic  chorus  was  50,  and 
that  the  mythdogiod  number  of  the  Ooamides 
and  Banaides  was  the  same,  tempts  one  to  suppose 
that  the  chorus  in  the  Prometheus  and  the  Sup- 
plioos  consisted  of  50.  Most  writexv,  however, 
agree  in  thinking  that  such  a  numbor  was  too 
large  to  have  been  employed  (Welcker,  AemshyL 
Tnlogiej  pi  27,  &c  ;  Hennann,  Diuert,  de  Cioro 
Euwim.  i  and  ii  Opusc  vd.  ii)  MUller  (Dm. 
sarfti^MMif  on  He  Emumndet  vf  Ae$ekjflms^  I.  A. ; 
HiaL  of  Gr.  Lit.  ^  300)  propounds  the  theoiy 
that  the  dithyrambic  chorus  <rf  50,  when  trans- 
ferred to  tragedy,  was  reduced  to  48,  and  that  a 
chorus  of  that  number  was  assigned  to  the  poet 
for  four  pU&ys,  the  trilogy  and  the  satyric  drama, 
and  was  subdivided  into  sections  of  12,  each  of 
which  was  the  chonis  for  one  play.  In  support 
of  this  he  endeavours  to  point  out  instances  of 
choruses  of  this  number  being  found  in  Aeschylus, 
as  that  in  the  Agamemnon,  which  re-appears  as 
the  Areopagites  in  the  Eumenides,  and  that  in 
the  Penae.  But  the  insuffidency  of  the  evidence 
brought  forward  to  establish  this  has  been  satis- 
factorily pointed  out  by  Hermann  in  his  review  of 
Miiller^  edition  of  the  Eumenides  {O/mm.  voL 
vi).  The  idea  that  the  chorus  of  the  Eumenides  con- 
sisted of  three  (Blomfield,  Pni^  adAeaeh,  Pen,\ 
has  met  with  very  little  fovour  among  German 
scholars,  though  the  aignments  brou|rht  against  it 
an  not  all  of  the  most  convincing  kmd,  and  it  is 
to  be  borne  in  mind  that  the  introduction  of  the 
Areopagites,  &c.  into  the  play,  would  render  the 
fewness  of  such  a  choras  less  striking  than  would 
otherwise  have  been  the  case.  The  later  choras 
of  15  was  the  only  one  that  the  gmmmarians 
knew  any  thing  about.  It  was  arranged  in  a. 
quadrangular  fbm  (^rrpi,ywvo\^  Etym.  Magn.  a  v. 
T  4 


280 


CHORUa 


Tpoy^ia ;  VilloiBOQ'b  Anecdotal  n.  p.  178),  m  rank 
(tvyd)  and  file  (9tIx<w>  (rroixoi)*  ^^  entered 
tiie  theatre  bj  the  passage  to  the  right  of  the 
apeetators  [Thbatrvm].  When  it  entered  three 
abreast  it  was  said  to  come  in  Korit  C^fyd^  when 
five  abreast,  Korh  trroixovs  (Pollux,  iv.  108).  Its 
entrance  was  termed  rdpoHos ;  its  leaving  the  stage 
in  the  course  of  the  play  furdtrrturis ;  its  re- 
entrance  4wfrdpo9os ;  its  exit  A^o^os,  (In  the 
Eumenides  the  choms  entered  in  an  irregular 
manner  <nropdJhi¥,)  As  it  entered  in  three  Unes, 
with  the  spectators  on  its  left,  the  stage  on  its 
right,  the  middle  choreutes  of  the  left  row  (rpiros 
iiptffripov)  was  the  Coryphaeus  or  Hegemon,  who 
in  early  times  at  least  was  not  nnfieqaently  the 
choragus  himself.  (Athen.  xir.  pi  633 ;  Suid. 
s.  V.  xopoT^^O  When  they  had  taken  their  sta- 
tions in  this  order,  the  row  nearest  to  the  specta- 
tors bore  the  name  ipurrffHHrrdraij  that  towards 
the  stage  ^t^ioirrdrat,  and  the  midcUe  row  Kaafpoa- 
rdrai.  The  choreutae  at  the  ends,  farthest  from 
the  Coryphaeus,  were  called  irfMunrcSirm.  These 
places  were  also  called  diroic^Airfor  rod  x^P^v, 
(Pollux,  ii.  161,  iv.  107 ;  Photins,  p.  210,  ed. 
Bekker ;  Plut  Symp,  y.  5.  p.  678,  d. ;  Hesych. 
$,  tw.)  MUlIer  arranges  them  so  that  the  Cory- 
phaeus stands  upon  the  Thymele,  or  at  least  upon 
the  steps  of  it  (Eumen.  DinerL),  and  so  conversed 
with  the  actors  over  the  heads  of  the  choms.  Her- 
mann (Rev,  of  MuUer''9  Eumen,  Opusc  y<d.  vi. 
pi  143,  &C.)  denies  this,  and  infers  from  the  ac- 
counts of  Vitruvius  and  other  ancient  authorities 
that  the  chorus  took  its  station  and  performed  iu 
evolutions  upon  a  platform  one  or  two  feet  lower 
than  the  stage,  and  reaching  from  the  stage  to  the 
Thymele  which  stood  in  the  middle  of  the  entire 
space  called  KoAirrpa,  On  the  steps  of  the  Thy- 
mele, and  therefore  below  the  hpxh^^P^  propeny 
so  called,  were  stationed  the  musicians  and  cer- 
tain police-officers  to  keep  order.  Of  course  the 
positions  first  taken  up  by  the  choreutae  were  only 
retained  till  they  commenced  their  evolutions.  To 
guide  them  in  these,  lines  were  marked  upon  the 
boards  with  which  the  orchestra  was  floored.  The 
flute  as  well  as  the  cithara  was  used  as  an  accom- 
paniment to  the  choric  songs.  The  dance  of  the 
tragic  chorus  was  called  ifAfUktia,  answering  to 
the  gymnopacdic  dance  of  the  Dorian  choruses 
(Athen.  L  e.). 

The  ordinary  number  of  the  chorus  in  a  comedy 
was  24  (Schol.  ad  Arist  Av,  298,  Ackam.  210, 
Equit.  586  ;  Pollux,  iv.  109  ;  Tzetzes,  proleg.  ad 
Lyoophr.  p.  1).  Like  the  tragic  chorus  it  was 
arranged  in  a  quadrangular  form,  and  entered  the 
orchestra  from  opposite  sides,  according  as  it  was 
supposed  to  come  from  the  city  or  from  the 
country.  It  consisted  sometimes  half  of  male  and 
half  of  female  choreutae.  It  seems  to  be  a  mis- 
take of  the  scholiast  on  Aristophanes  (EquiL  L 
586)  that  in  such  cases  the  former  were  13,  the 
ktter  11  in  number.  At  least  in  the  Birde  of 
Aristophanes  the  chorus  consists  of  12  male  and 
12  fenuUe  birds.  (297 — ^304.)  The  dance  of  the 
comic  choms  was  the  K6p9a^,  which  answered 
to  the  Hyporchematic  style  of  the  Doric  choms. 
In  the  Satyric  drama  the  chorus  consisted  of  Sa- 
tyrs. Of  how  many  it  consisted  cannot  be  deter- 
mined with  any  certainty.  lu  dance  was  called 
alKiyyts.  It  answered  to  the  Pyrrhic  (Athen.  I 
p.  20,  xiv.  p.  630.) 

When  a  poet  intended  to  bring  fixrward  a  phiyy 


CHAONOLOOIA. 

he  had  to  ap|dy  fiir  a  chorus  (x^p^  a2rc2K>  to  i 
aichons,  to  the  king  archon  if  the  play  iras  to 
brought  forward  at  the  Lenaea,  to  the  arcl 
eponymns  if  at  the  great  Dionysia.  If  the  jA 
were  thought  to  deserve  it,  he  received  a  cii<»i 
(xop^y  Afl^^ciy),  the  expenses  of  which  -mn 
borne  by  a  choregus  [Chorbgus].  The  p4 
then  eithier  trained  (StSdUrirctK)  the  chorus  faimscl 
which  Aeschylus  often  did  (Athen.  L  p.  2I>, 
entrusted  that  business  to  a  professed  choms  train 
(Xopo9did(ncaXos\  who  usually  had  an  msMtsta 
{^oSMurKoKos^  Pollux,  iv.  106).  For  trainii 
the  chorus  in  its  evolutions  there  was  also  i 
6pxyiarofiMurKaXos.  The  chorus  in  comedies  i 
first  consisted  of  amateurs  (^OcAsrro/,  An^ 
Poet.  5).  [C.  P.  M.  J 

CHOUS  (xocvs,  X^')^  ^  Oreek  liquid  mcasu] 
which  is  stated  by  all  the  authorities  to  be  c<?uj 
to  the  Roman  congius,  and  to  contain  six  ^€<m 
or  sextarii,  nearly  6  pints  English.  Snidas  aloci 
makes  a  distinction  between  the  x^^  ^^^  th 
X^c^^,  making  the  former  equal  to  two  sextarii 
and  the  latter  equal  to  six.  Now  when  we  rt 
member  that  the  x^'*''  ^'^^  commonly  used  as  i 
drinking  vessel  at  Athenian  entertainments  ( Ari 
stoph.  Ackam,  v.  1086),  that  on  the  day  of  th^ 
X^fs  [Dionysia],  a  prise  was  given  to  the  peisoi 
who  first  drank  off  his  x^^y  *^  ^^uU  Milo  oj 
Croton  is  said  to  have  drunk  three  x^  ^^  ^'^^ 
at  a  draught,  it  is  incredible  that  in  these  caset 
the  large  x^t^s  mentioned  above  could  be  meant 
It  seems,  therefore,  probable  that  there  was  also  a 
smaller  measure  of  the  same  name,  coataining,  as 
Suidas  states,  two  sextarii,  or  neariy  2  pinto  Eng- 
lish. At  first  it  was  most  likely  the  common 
name  for  a  drinking  vessel.  According  to  Crates 
(Ap.  Athen.  xi.  p.  496),  the  x^^i''  had  originally  s 
similar  form  to  the  Panathenaic  amphorae,  and  was 
also  called  wcAim).  (Pollux,  x.  73  ;  Worm,  De 
Pond.  Mens.  &c,  pp.  127, 136, 141, 198  ;  Husscr, 
Ancient  WeigkU^  Ac.  p.  211—213.)         [P.  &] " 

CHREOUS  DIKE  (xp^'  ^i«i}),  a  simple 
action  for  debt,  was,  like  most  of  the  other  case* 
arising  upon  an  alleged  breach  of  contract,  refemsi 
to  the  jurisdiction  of  the  thesmothetae,  when  the 
sum  in  question  amounted  to  more  than  ten 
drachmae.  If  otherwise,  it  fell  under  the  cogni- 
zance of  those  itinerant  magistrates,  who  were 
originidly  thirty  in  number,  and  styled  aocordingir 
oX  rpidKoyra;  but  afterwards,  in  consequence  of 
the  odium  atteching  to  this  name,  which  had  also 
served  to  designate  the  oligarchic  tyrants,  received 
an  accession  of  ten  colleagues  and  a  correspondin.^ 
change  of  title.  (Pollux,  viii.  100.)  If  the  cause 
could  be  classed  among  the  Mfifkuvoi  ^ikco^  as,  for 
instance,  when  the  debt  arose  upon  a  mercantiie 
transaction,  the  thesmothetae  would  still  hare 
jurisdiction  in  it,  though  one  of  the  parties  to  the 
suit  were  an  alien,  otherwise  it  seems  that  wh«n 
such  a  person  was  the  defendant,  it  was  brought 
into  the  court  of  the  polemarch.  (Meier,  Ait 
Proe.  p.  55.)  If  the  cause  were  treated  as  a 
8(ic7}  *E/tirop(Jc^,  as  above  mentioned,  the  plaintitf 
would  forfeit  a  sixth  part  of  the  sum  contest4?d, 
upon  failing  to  obtain  the  votes  of  one-fifth  of  the 
dicasts  (Suid.  s.  v,  'Eira^cAia) ;  but  we  are  not 
informed  whether  this  regulation  was  applicable, 
under  similar  circumstances,  in  all  prosecutions  for 
debt  The  speech  of  Demosthenes  against  Timo- 
theus  was  made  in  a  cause  of  this  kind.  [J.S.M.] 

CHRONOLO  01 A  {xp9Vo)<ayia\  is  the  scienco 


CHRONOLOGIA. 

hf  «^udb  tinieii  meaMiRd  aceording  tn  the  coonea 
of  tbe  alan,  and  more  e^iecially  of  the  Bun  and 
eaaa;  bat  in  die  more  limited  seme  in  which 
ve  hftv«  to  treat  of  cfaranology  hen,  it  is  a  port 
3f  histoiy,  and  teadies  iia  to  assign  each  historical 
evBil  to  the  date  to  which  it  helon^  The  lednc- 
tin  of  «Dj  giTcn  date  in  antiquity  to  the  cor- 
nspeoiiag  jear,  mcoth,  or  day,  in  oar  modem 
casffOtataoQ  of  time,  is  sometimea  a  matter  of 
fERst  diffienlty,  and  ofken  of  absolute  impoasi- 
bOkr  ;  Har  neari  j  all  the  nations  of  antiqui^  be- 
/pa  Vhdr  jeor  at  a  different  time,  some  used  solar 
and  ether  lunar  yean,  and  others  again  a  com- 
baatioB  af  the  tiro;  nearly  all,  moreover,  had 
difecBt  csaa,  that  is,  points  of  time  from  which 
sabeeqaent  sy»d  preceding  years  are  counted  ;  and 
in  additaon  to  this  there  occur  a  great  many 
rhnagis  and  floctoatioDs  in  one  and  the  same 
BBtian ;  and  the  historians  whose  works  have  come 
dD«n  to  US,  ars  not  always  reiy  precise  in  mark- 
&g  the  time  to  which  the  events  belong,  so  that 
we  Dust  have  reooorse  to  all  manner  of  combina- 
Ums,  or  are  left  to  conjectures. 

F<7  the  BBoner  in  which  the  Greeks  and  Ro- 
Kass  calcslated  their  years  and  months  we  refer 
t»  the  ardde  Gai.xndarium,  and  we  shall  here 
ceofiae  onnelTca  to  an  account  of  the  manner  in 
which  thoae  nations  calcuUted  and  stated  the 
erents  of  their  histoiy.  The  Greeks  reckoned 
their  yean  generally  according  to  their  magis- 
trates, in  the  eariy  times  accordmg  to  the  years  of 
tite  reign  of  their  kings,  and  afterwards  according 
to  their  annaalmagiBtfiites.  At  Athens  the  year  was 
GsUed  by  the  name  of  one  of  the  nine  archons,  who 
froB  this  drcamstanoe  was  called  ipx^^  hr&yvfun 
m  the  arehon  par  excellence ;  and  at  Sparta  the 
jean  were  called  after  one  of  the  five  ephora,  who 
for  this  reason  was  likewise  termed  IrdyvfAos. 
(Thaejd.  iL  2  ;  Xenoph.  Amab.  ii.  3.  §  10  ;  Polyb. 
xil  1*2 ;  Pans.  iiL  11.  §  2.)  But  the  yean  of  the 
Atheoisn  arehooa  and  the  Spartan  ephora,  coin- 
cidi;^  with  the  civil  year  in  those  states,  did  not 
coisoie  with  each  other,  for  the  ephon  entered 
x^oB  thev  office  in  the  Attic  month  of  Boedro- 
aioB,  while  the  archons  originally  entered  upon 
ihon  in  the  beginning  of  Gamelion,  and  ever 
•sue  the  year  &  a  490,  at  the  beginning  of  He- 
otaabacoD.  In  Aigoa  time  was  counted  accord- 
isK  to  the  years  of  the  high  priestess  of  Hera,  who 
heki  her  office  for  life  (fip€ois ;  Thucyd.  il  2  ; 
Said,  i:  9.  'HftciriScs)  ;  and  the  inhabitants  of  Elis 
pnbahly  reckoned  according  to  the  Olympic  games, 
vhich  were  cdefarated  every  fifth  year  during  the 
first  bll  moon  which  followed  after  the  summer 
tahdce.  In  this  manner  every  Greek  state  or  city 
cskibted  time  according  to  its  own  peculiar  or  local 
OS,  sad  there  waa  no  era  which  was  used  by  ail 
theGreeks  in  common  for  the  ordinary  purposes  of 
life.  Historiana,  therefore,  down  to  the  middle  of 
tbc  third  centozy  B.  c,  frequently  made  use  of  the 
Ro^  age  attained  by  men,  in  order  to  fix  the 
tine  ia  a  manner  intelligible  to  all  Greeks.  The 
>mage  age  attained  by  man  (ycircd,  aetaa),  is 
cabiited  by  Herodotus  (vi  98)  at  33^  yean, 
rvnaeoi^  who  flourished  about  b.  g.  260,  was  the 
£m  historian  who  counted  the  yean  by  Olym- 
fbdi,  each  of  which  eontamed  four  years.  The 
^ianii^  of  the  Olympiads  is  commonly  fixed  in 
^  year  3938  of  the  Julian  period,  or  in  B.  c.  776. 
If ««  want  to  reduce  any  given  Olympiad  to  yean 
keibre  Christ,  c.  g.  OL  87,  we  take  the  number  of 


CHRONOLOGIA. 


281 


the  Olympiads  actually  elapsed,  that  is,  86,  mvU 
tiply  it  by  4,  and  deduct  the  number  obtained 
from  776,  so  that  the  fint  year  of  the  87th  01. 
will  be  the  same  as  the  year  432  a.  c.  If  the 
number  of  Olympiads  amounts  to  more  than  776 
years,  that  is,  if  the  Olympiad  fsJls  after  the  birth 
of  Christ,  the  process  is  the  same  as  before,  bat 
from  the  sum  obtained  by  multiplying  the  01}nn* 
piads  by  4,  we  must  dedrrt  the  number  776,  and 
what  remains  is  the  number  of  the  yean  after 
Christ.  This  calculation  according  to  Olympiads, 
however,  does  not  seem  to  have  been  ever  applied 
to  the  ordinary  business  of  life,  but  to  have  been 
confined  to  literature,  and  more  especially  to  his- 
tory. Some  writen  also  adopted  the  Trojan  eiu, 
the  fall  of  Troy  being  placed  by  Eratosthenes  and 
those  who  adopted  this  era,  in  the  year  &  c  1 184. 
After  the  time  of  Alexander  the  Great,  several 
other  eras  were  introduced  in  the  kingdoms  that 
arose  out  of  his  empire.  The  fint  was  the  Philip- 
pic era,  sometimes  also  called  the  era  of  Alexander 
or  the  era  of  Edessa  ;  it  began  on  the  12th  of  No- 
vember BLC.  324,  the  date  of  the  acceuion  of 
Philip  Airhidaeus.  The  second  was  the  em  of  the 
Seleucidae,  beginning  on  the  1st  of  October  a.  c 
312,  the  date  of  the  victory  of  Seleucos  Nicator  at 
Gaaa,  and  of  his  re-conquest  of  Babylonia.  This 
era  was  used  very  extensively  in  the  East.  The 
Chaldaean  era  differed  from  it  only  by  six  months, 
beginning  in  the  spring  of  B.  c.  31 1.  Lastly,  the 
eras  of  Antioch,  of  which  there  were  three,  but 
the  one  most  commonly  used  b^an  in  Novem- 
ber b.  c.  49.  In  Europe  none  was  so  generally 
adopted,  at  least  in  literature,  as  the  era  of  the 
Olympiads  ;  and  as  the  Olympic  games  were  cele- 
brated 293  times,  we  have  293  Olympic  cycles, 
that  is,  1172  years,  776  of  which  fidl  before,  and 
396  after  Christ.  But  when  the  Greeks  adopted 
Christianity,  they  probably  ceased  to  reckon  by 
Olympiads,  and  adopted  the  Julian  year.  (Cor- 
sini.  Fasti  AUici^  Florence,  1744 — 56,  4  vols.  4to. ; 
Ideler,  Handbuch  der  nutikem,  und  teckmisdL  Chro- 
noL  Berlin,  1825,  2  vols.  8vo. ;  Clinton,  Fasti  JJel- 
lemd,  Oxford,  1830^1834,  3  vols.  8va) 

The  Romans  in  the  earliest  times  counted  their 
yean  by  their  highest  magistrates,  and  from  the 
time  of  the  republic  according  to  their  consuls, 
whose  names  were  registered  in  the  Fasti  This 
era,  which  may  be  termed  the  aera  consulans^ 
however  did  not  begin  at  all  times  at  the  same 
point,  for  in  the  earliest  times  of  the  republic,  the 
consiJs  entered  upon  their  office  on  the  calendao 
of  Sextilis,  at  the  time  of  the  decemvirate  on  the 
ides  of  May,  afterwards  on  the  ides  of  December, 
and  at  a  still  later  time  on  the  ides  of  Mareh, 
until  in  b.c.  153  the  consuls  began  regularly  to  enter 
upon  their  office  on  the  1st  of  January.  This  con- 
stant shifting  was  undoubtedly  one  of  the  causes 
that  produced  the  confusion  in  the  consular  era,  of 
whicn  Livy  (ii  18,  21,  &c)  comphiins.  The  con- 
sular era  was  the  one  commonly  used  by  the 
Romans  for  all  practical  purposes,  the  date  o^  an 
event  being  marked  by  the  names  of  the  consuls, 
in  whose  year  of  office  it  had  happened.  But 
along  with  this  era  there  existed  another,  which 
as  it  was  never  introduced  into  the  afiain  of  com- 
mon life,  and  was  used  only  by  the  historians^ 
may  be  termed  the  historical  era.  It  reckoned  the 
yean  from  the  foundation  of  the  city  {ab  urbs  con- 
dita)  ;  but  the  year  of  the  foundation  of  the  city 
was  a  question  of  uncertainty  among  the  Romans 


282 


CHTHONIA. 


themfielves.  M.  TerentiuB  Varro  placed  it  on  the 
2]8t  of  April  in  the  third  year  of  the  6th  Olym- 
piad, that  is,  &C.  753.  (Plat  Rom,  12  ;  Dionys. 
I  88  ;  Cic.  De  Div,  ii.  47  ;  VelL  Pat  i.  8  ;  Cen- 
Borin.  De  Die  Nal,  17.)  This  era  was  adopted  by 
Velleius  Paterculus,  PUny,  Tacitus,  A.  Qdlius, 
Dion  Cassius,  Eutropins,  and  others.  Next  to 
the  Varronian  era,  the  most  celebrated  was  that 
of  M.  Porcius  Cato,  who  placed  the  foundation  of 
Rome  in  the  first  year  of  the  7th  Olympiad,  or 
in  the  spring  of  a  c.  752.  (Dionys.  i.  74  ;  Syncell. 
Chronog.  p.  194,  a.)  The  date  fixed  upon  in  the 
aera  CapitoUna  (so  called  from  the  Fasti  Capi- 
tolini),  by  Polybius  (Dionys.  U  e. ;  Cic  De  Rep. 
iL  10)  and  Cornelius  Nepos,  was  one  year  later ; 
Q.  Fabius  Pictor  placed  the  foundation  in  the  first 
year  of  the  8th  Olympiad,  L  e.  747  b.  c.  (Dionys. 
L  c),  and  Cincius  Alimentus  even  placed  it  in  the 
fourth  year  of  the  12th  Olympiad,  I  e.  B.a  729. 
Ennius,  on  the  other  hand,  placed  the  building  of 
Rome  about  100  or  110  years  earlier  than  most 
other  writers  (Varro,  De  Re  Rtui.  iii.  1)  ;  and 
Timaeus  went  so  far  as  to  regard  the  foundation 
of  Rome  contemporaneous  with  that  of  Carthage, 
phicing  it  38  years  before  the  first  Olympiad. 
But  no  reliance  can  be  placed  on  any  of  these 
statements  ;  as  howeyer  it  is  necessary  to  have  one 
point  to  start  fix)m,  the  Varronian  era  has  been 
most  commonly  adopted  by  modem  writers.  (Comp. 
Fischer,  Romiache  JZeittqfeln,  p.  4,  &c.)      [L.  S.] 

CHRYSE'NDETA,  costly  chased  dishes  used 
by  the  Romans  at  their  entertainments.  They  are 
mentioned  several  times  by  Martial  (ii.  43,  11,  vi. 
94,  xiv.  97),  and  from  the  epithet ,/2ava  which  he 
applies  to  them,  as  well  as  from  the  etymology 
of  the  name,  they  appear  to  have  been  of  silver, 
with  golden  ornaments.  Cicero  (  Verr,  iv.  21 — 23) 
mentions  vessels  of  this  kind.  He  calls  their 
golden  ornaments  in  general  sigilloy  but  again  dis- 
tinguishes them  as  crtutae  and  emblemata  (c.  23)  ; 
the  former  were  probably  embossed  figures  or 
chasings  fixed  on  to  the  silver,  so  that  they  could 
be  removed  and  transferred  to  other  vessels,  and 
the  latter  inlaid  or  wrought  into  it  (comp.  c.  24  : 
TZZo,  ex  patdlit  et  iurSmlis  quae  velleraty  ita  eeUe  in 
aureis  poculia  illigabat,  ita  apte  in  acyphis  aureie 
includebat,  &c.).  The  embossed  work  appears  to 
be  referred  to  by  Paullus  (cymbia  arpenteis  cnutis 
iUigata^  Dig.  34.  tit  2.  s.  33),  and  the  inlaid  orna- 
ments by  Seneca  {argenium^  in  quod  aoUdi  auri 
oadatura  desoenderit^  Ep,  v.).  [Comp.  Cabla- 
TURA.]  [P.  S.] 

CRYSOA'SPIDES.  [Aroyraspidbs.] 
CHRYSOUS  (xpwrovs),  [Aurum.] 
CHTHO'NIA  (x96yia),  a  festival  celebrated 
at  Hermione  in  honour  of  Demeter,  sumamed 
Chthonia.  The  following  is  the  description  of  it 
ffiven  by  Pausanias  (il  35.  §  4,  &c) : — *•  The  in- 
habitants of  Hermione  celebrate  the  Chthonia 
every  year,  in  summer,  in  this  manner :  —  They 
form  a  procession,  headed  by  the  priests  and  ma- 
gistrates of  the  year,  who  are  followed  by  men 
and  women.  Even  for  children  it  is  customary  to 
pay  homage  to  the  goddess  by  joining  the  proces- 
sion. They  wear  white  garments,  and  on  their 
heads  they  have  chaplets  of  flowers,  which  they 
call  Koa-fioffdy^aXot,  which,  however,  from  their 
size  and  colour,  as  well  as  from  the  letters  in- 
scribed on  them  recording  the  premature  death  of 
Hyacinthus,  seem  to  me  to  be  hyacinths.  Behind 
the  procession  there  follow  persons  leading  by 


C1PPU& 

strings  an  untamed  heifer  just  taken  from  the  heidj 
and  drag  it  into  the  temple,  wh«%  finr  old  women 
perform  the  sacrifice,  one  of  them  cuttmg  tlM 
animal*s  throat  with  a  scythe.  The  doors  of  tlu 
temple,  which  during  this  sacrifice  had  been  ilrat^ 
are  thrown  open,  and  peiaons  especially  ^ipointed 
for  the  purpose,  lead  in  a  second  heifer,  then  a 
third  and  a  fourth,  all  of  which  are  sacrificed  bt 
the  matrons  in  the  manner  described.  A  corioiu 
circumstance  in  this  solemnity  is,  that  all  th 
heifers  must  fiill  on  the  same  side  on  which  tba 
first  fell."  The  splendour  and  rich  offerings  (A 
this  festival  are  also  mentioned  by  Aelian  {Hist, 
Aninud.  xi.  4),  who,  however,  makes  no  mcntioo 
of  the  matrons  of  whom  Pausanias  speaks,  bot 
says  that  the  sacrifice  of  the  heifers  was  per&med 
by  the  priestess  of  Demeter. 

The  Lacedaemonians  adopted  the  worship  o^ 
Demeter  Chthonia  from  the  Hermioneans,  some  U 
whose  kinsmen  had  settled  in  Messenia  (Pans.  iiL 
14.  §  5)  ;  hence  we  may  infer  that  they  celebrated 
either  the  same  festival  as  that  of  the  Hen&ioncalu, 
or  one  similar  to  it  [L.Sb] 

CHYTRA  (x^pa).     [Olla.] 

CI'DARIS.     [Tiara.] 

CILFCITTM  {94^is\  a  hair-doth.  The  mate- 
rial of  which  the  Greeks  and  Romans  almort 
universally  made  this  kind  of  cloth,  was  the  bair 
of  goats.  The  Asiatics  made  it  of  camdVhair. 
Goats  were  bred  for  this  purpose  in  the  gt^atat 
abundance,  and  with  the  longest  hair,  m  CUicia ; 
and  from  this  country  the  Latin  l  me  of  such 
cloth  was  derived.  Lycia,  Phrygia,  Spain,  and 
Libya  also  produced  the  same  article.  The  cloth 
obtained  by  spinning  and  weaving  goat>-bair  was 
nearly  black,  and  was  used  for  the  cosne  habits 
which  sailors  and  fishermen  wore,  as  it  was  the 
least  subject  to  be  destroyed  by  being  wet ;  aim 
for  horse-cloths,  tents,  sacks,  and  bags  to  boM 
workmen^  tools  (JabriUa  vosa),  and  for  the  pur- 
pose of  covering  military  engines  and  the  valh 
and  towns  of  besieged  cities,  so  as  to  deaden  the 
force  of  the  ram,  and  to  preserve  the  woodwork 
frx>m  being  set  on  firt».  (Aristot  HitL  Anim.  tE 
28  ;  Aelian,  xvL  80 ;  Vair.  De  Re  RusL  ii.  H  ; 
Virg.  Georg,  iil  312;  Avion.  Ora  Mar,  218— 
221 ;  Veget  Are  VeL  l  42.)  [J.  Y.] 

CINCTUS  GABI'NUS.     [Toga.] 

CPNGULUM.     [Zona.] 

CINERA'RIUa     [Calamistrum.] 

CI'NERES.    [FuNus.] 

CI'NIFLO.    [Calamistrum.] 

CIPPUS.  1.  A  low  column,  sometimes  roond, 
but  more  frequently  rectangular,  used  ss  s  w- 
pulchral  monument  (Pers.  SaL  l  96.)  Sereral 
of  such  cippi  are  intheTownly  collection  in  the 
British  Museum,  one  of  which  is  given  in  the 
woodcut  annexed.  The  inscription  is  to  the  flie- 
mory  of  Viria  Primitiva,  the  wife  of  Ludns  Viriui 
HeliuB,  who  died  at  the  age  of  ei^teen  years,  one 
month,  and  twenty-four  days.  Below  the  tBiMi^ 
a  festoon  of  fruits  and  flowers  is  anspended  from 
two  rams*  heads  at  the  comers ;  and  at  the  k)wer 
comers  are  two  sphinxes,  with  a  head  of  Tsn  in 
the  area  between  them.  On  several  cippi  «e  fi»<^ 
the  letters  S.  T.  T.  L.,  ihaX  \i^  Sit  tibi  terra  l^ 
whence  Persius,  in  the  passage  already  jdemd 
to,  says,  Non  letior  eipput  nunc  imprimU  esta.  It 
was  also  usual  to  place  on  the  dppos  the  extent  of 
the  burying-ground  both  alon^r  the  road  (*» 
/rxmie%  and  backwards  to  the  field  (m  «^fff^)^ 


CIRCINUS. 
isd    likewise    tbe    inscription  hoc    numumentum 
kvdgs  aoM  mqmilur ;  in  order  that  it  misht  not 
pi  orer  to  the  heredes  and  be  lold  by  them  mt 


CIRCUS. 


283 


G 


D 


MT  time.    (Hor.  ^ioe.  i.  8.  12,  13  ;  Orelli, /«#cnjp. 
Ka4379,  4557,  &c) 

2.  AboandM7-«tonetetiipbyiheAgrimen«ire» 
to  nark  the  diVisiona  of  landa.  (^Serifiort*  Ret 
Agr.  p.  88,  ed.  Goeaina.) 

3.  A  militarv  entrenchment  made  of  the  trunks 
ef  trees  and  palisades.     (Caea.  B.  G.  viL  73.) 

CIRCENSES  LUDL  [Circus.] 
Cl'RCINUS  (JiiaSirrns\  a  compass.  The  com- 
pBa  oied  bj  statnaries,  architects,  masons,  and 
carpentcn,  is  often  represented  on  the  tombs  of 
nek  srtificcn,  together  with  the  other  instnimento 
<^  their  pcxifcssion  or  trade.  The  annexed  wood- 
cnt  is  copied  from  a  tomb  found  at  Rome.  (Gniter, 
Oirp,  Imxrip,  L I  part  ii  p.  644.)  It  cxhibiu  two 
kiids  of  compasses:  yiz.  the  conmion  kind  used 


W  drswing  drcles  and  measuring  distances,  and 
«ne  with  curred  legs,  probably  intended  to  mca- 
nre  the  thickness  of  columns,  cylindrical  pieces  of 
vood,  or  similar  objecta.  The  common  kind  is 
4»eribed  by  the  scholiast  on  Aristophanes  {Nvb. 
178X  who  compares  its  form  to  that  of  the  letter  A. 
/See  art  onder  Norma.}    The  mythologists  sup- 


posed this  instrument  to  have  been  invented  by 
Perdiz,  who  was  the  nephew  of  Daedalus,  and 
throoffh  envy  thrown  by  him  orer  the  precipice  of 
the  Athenian  acropolis.  (Orid,  Met.  riii.  241 — 
251.)  Compasses  of  various  forms  were  discovered 
in  a  statuary's  house  at  Pomp^iL  [J.  Y.] 

CIRCITO'RES.  [Castra.] 
CIRCUMLI'TIO.  [PicTiRA.] 
CIRCUMLU'VIO.  [Alluvio.] 
CIRCUITO'RES.  [Castra.] 
CIRCUS  {lna^nos\  a  place  for  chariot- 
races  and  horse-races,  and  in  which  tbe  Roman 
races  {CircaueM  Ludi)  took  place.  When  Tar- 
qninius  Priscns  had  taken  the  town  of  Apiolae 
from  the  Latins,  as  related  in  the  early  Roman 
legends,  he  commemorated  his  success  by  an  ex- 
hibition of  races  and  pugilistic  contests  in  the 
Murcian  valley,  between  the  Palatine  and  Aven- 
tine  hills ;  aroimd  which  a  number  of  temporary 
platforms  were  erected  by  the  patres  and  equites, 
called  tpectaada^fori^  or  fandi^  from  their  resem- 
blance to  the  deck  of  a  ship ;  each  one  raising  a 
stage  fen-  himself  upon  which  he  stood  to  view  the 
games.  (Liv.  i.  35  ;  Fcstus. «.  v.  Forum  ;  Dionys. 
iil  p.  192,  &c)  This  course,  with  its  surrounding 
scanbldingfl,  was  termed  circus ;  either  becanse  the 
spectators  stood  round  to  see  the  shows,  or  because 
the  procession  and  races  went  round  in  a  circuit. 
(Varr.  De  Ling.  Lot.  v.  153,  154,  ed.  MOller.) 
Previously,  however,  to  the  death  of  Tarquin,  a 
permanent  building  was  constructed  for  the  pur- 
pose, with  regular  tiers  of  seats  in  the  form  of  a 
theatre.  (Compare  Liv.  and  Dionys.  H.  ec.)  To 
this  the  name  of  Circus  Mazimus  was  subsequently 
given,  as  a  distinction  from  the  Flaminian  and 
other  similar  buildings,  which  it  surpassed  in  ex- 
tent and  splendour  ;  and  hence,  like  the  'Campus 
Martius,  it  is  often  spoken  of  as  ^  Circus,  without 
any  distinguishing  epithet. 

Of  the  Circus  Maximus  scarcely  a  vestige  now 
remains,  beyond  the  palpable  evidence  of  the  site 
it  occupied,  and  a  few  masses  of  nibble- work  in  a 
circular  form,  which  may  be  seen  under  the  walls 
of  some  houses  in  the  Via  d^  Cereki^  and  which 
retain  traces  of  having  supported  the  stone  seats 
(Dionys.  L  c.)  for  the  spectators.  This  loss  is  for 
tunately  supplied  by  the  remains  of  a  small  circus 
on  the  Via  Appia,  commonly  called  the  Circus  of 
CaracalU,  the  ground-plan  of  which,  together  with 
much  of  the  superstructure,  remains  in  a  state  of 
considerable  preservation.  The  ground-plan  of  the 
circus  in  question  is  represented  in  the  annexed 
woodcut ;  and  may  be  safely  taken  as  a  model  of 
all  others,  since  it  agrees  m  every  main  feature, 
both  of  general  outline  and  individual  parts,  with 
the  description  of  the  Circus  Maximus  given  by 
Dionysius  (iii.  p.  192). 

Around  the  double  lines  (A,  A)  were  arranged 
the  seats  (gradus^  mdilia^  subaeUia),  as  in  a  theatre, 
termed  collectively  the  cavea  ;  the  lowest  of  which 
were  separated  from  the  ground  by  a  podium,  and 
the  whole  divided  longitudinally  by  praecinctionett, 
and  diagonally  into  cuna,  with  their  vomitoria 
attached  to  each.  Towards  the  extremity  of  the 
upper  branch  of  the  oavea,  the  general  outline  is 
broken  by  an  outwork  (B),  which  was  probably 
the  pulvinar,  or  station  for  the  emperor,  as  it  is 
placed  in  the  best  Bituation  for  seeing  both  the 
commencement  and  end  of  the  course,  and  in  the 
most  prominent  part  of  the  circus.  (Suet.  Claud.  4.^ 
In  the  opposite  branch,  is  observed  another  in- 


S84 


CIRCUS. 


Ujo. L 


CIRCUS. 


terroption  to  the  uniform  line  of  seate  (C),  be- 
tokening also,  from  its  construction,  a  place  of 
distinction;  which  might  have  been  assigned  to 
the  person  at  whose  expense  the  games  were  given 
(editor  gpectaculorum). 

In  the  centre  of  the  area  was  a  low  wall  (D) 


running  lengthways  down  the  course,  which, 
from  its  resemblance  to  the  position  of  the  dorsal 
bone  in  the  human  frame,  was  termed  tpina,  (Gas- 
siodor.  Var,  Ep.  iil  51.)  It  is  represented  in  the 
wood-cut  subjoined,  taken  from  an  ancient  baa- 
relie£ 


At  each  extremity  of  the  spina  were  placed, 
upon  a  base  (E,  £),  three  wooden  cylinders,  of  a 
conical  shape,  like  cypress  trees  (meiasque  inUtaia 
cupresgusj  Ovid,  Afet,  z.  106;  compare  Plin.  H.  N. 
xvi.  60),  which  were  called  tnetae  —  the  goals. 
Their  situation  is  distinctly  seen  in  the  preceding 
woodcut,  but  their  form  is  more  fully  developed  in 
the  one  annexed,  copied  from  a  marble  in  the 
British  Museum. 


The  most  remarkable  object  upon  the  spina  were 
two  columns  (F)  supporting  seven  conical  balls, 
which,  from  their  resemblance  to  eggs,  were  called 
ova.  (Varr.  De  Re  Rmt.  L  2.  §  ]  1  ;  Liv.  xli.  27.) 
These  are  seen  in  the  woodcut  representing  the 


spina.  Their  use  was  to  enable  the  spectators  to 
count  the  number  of  rounds  which  had  been  nm ; 
for  which  purpose  they  are  said  to  have  been  first 
introduced  by  Agrippa  (Dion  Cass.  xlix.  p.  600), 
though  Livy  (xli.  27)  speaks  of  them  long  before 
They  are,  therefore,  seven  in  number,  such  bcin^ 
the  number  of  the  circuits  made  in  each  race ;  aod 
as  each  round  was  run,  one  of  the  ova  was  pat  up 
(Cassiodor.  Var.  Ep.  iil  51)  or  taken  down,  ac- 
cording to  Varro  {De  Re  Rust.  i.  2.  §  II ).  An  egg 
was  adopted  for  this  purpose,  in  honour  of  Castor 
and  Pollux.  (TertulL  De  Speetac  c  8.)  At  the 
other  extremity  of  the  spina  were  two  similar 
columns  (G),  represented  also  in  the  v.-oodcut, 
over  the  second  chariot,  sustaining  seven  dolpbina, 
termed  delpkinae^  or  delphinarum  coUtmnae  (Jar. 
Sat.  vi.  590),  which  do  not  appear  to  have  been 
intended  to  be  removed,  but  only  placed  there  as 
corresponding  ornaments  to  the  ota  * ;  and  the 
figure  of  the  dolphin  was  selected  in  honour  of 
Neptune.  (TertulL  L  c)  Some  writers  suppose 
the  columns  which  supported  the  ova  and  d^pkiwi 
to  be  the  phalae  or  /alae^  which  Juvenal  men- 
tions (L  c).  But  the  phalae  were  not  columns, 
but  towers,  erected  as  circumstances  required,  be- 
tween the  metae  and  euripus,  or  extreme  circuit  of 
the  area,  when  sham-fights  were  represented  in  the 
circus.  (Compare  Festus,  s.  v.  Pkalae;  Serv.ad 
Virg.  Am.  ix.  705.)  Besides  these,  the  «ptVia  was 
decorated  with  many  other  objects,  such  as  obe- 


*  In  the  Lyons  mosaic,  subsequently  noticed  in 
the  text,  the  delphinae  are  represented  as  fountains 
spouting  water  ;  but  in  a  bas-relief  of  the  Pahuzo 
Barberini  (Fabretti,  Syrdagm.  de  Cdunui.  Tnjanu, 
p.  ]  44),  a  ladder  is  placed  against  the  columns 
which  support  the  dolphins,  q>parently  for  the  pu> 
pose  of  ascending  to  take  them  up  and  down. 


cmcas. 

]^  ttatoea,  aJtan,  and  temples,  wliich  do  not 
appear  to  haTe  had  anj  fixed  locality. 

It  viU  be  obserred  in  the  gnmnd-plan  that  there 
is  a  psoage  between  the  ntelae  and  spina^  the  ez- 
tmae  en£  of  the  htfeer  of  which  are  hollowed  oat 
iato  a  dicoJar  recen :  and  aerecal  of  the  ancient 
nli^ansaflaidiiaiilar  examples.  This  might  have 
bees  fat  perfennii^  the  sacrifioe,  or  other  offices 
of  fel^ioas  vanhipt,  with  which  the  games  eom- 
Btesced;  paiticokri/  aa  amaJ]  chapels  can  atill  he 
era  mdcf  tbe  smAm,  in  which  the  statues  of  some 
^irimofs  most  have  heen  placed.  It  waa  probably 
csder  the  first  of  these  qweea  th&t  the  ahar  of  the 
|od  Ommt  was  concealed  (TertnlL  D9  l^ectac 
c  h\  wltidi  was  excavated  upon  each  occasion  of 
ibese  gsmoL    (Dioay&  ii  pw  97.) 

At  tke  eztRmity  of  the  cixcna  in  which  the  two 
lionaaf  tbe  caofls  tenninate,  were  pbced  the  stalls 
y  tk  bones  and  chaiiota  (H,  H),  commonly 
calkd  earoent  at,  and  snheeqnently  to,  the  age  of 
Vano:  bat  more  anciently  the  whole  line  of  build- 
is^  whidi  confined  this  end  of  the  dicns  was 
loaed  vffiimm;  because,  with  its  gates  and 
brai,  it  resembled  the  walls  of  a  town  (Festua, 
1.  r. ;  Vacrai,  De  Umg.  LaL  t.  153)  ;  which  is  fiwci- 
tir  ilkitnted  by  the  drciia  imder  consideration, 
vbere  tbe  two  toweiB  (I,  I)  at  each  end  of  the 
emtm  are  still  standing.  The  niunber  of  oorcenes 
a  aapposed  to  ktve  been  nanally  twelve  (Caasiodor. 
r«r.  £p.  iiL  B\\  as  they  are  in  this  plan  ;  bat  in 
t^  Bfflaie  docofeied  at  Lyons,  and  pabliahed  by 
Artaod  {Detaiptkm  d*m§  Momique,  &c  Lyon, 
1806),  tbere  are  only  eight.*  They  were  Taolta, 
do«ed  in  finot  by  gates  of  open  wood-work 
(fmuBtl,  which  were  opened  smmltaneoosly  upon 
tbe  Eigial  bdng  given  (Dionys.  iiL  p.  19*2 ;  C^- 
ttodcL^.^;  compare  SiL  ItaL  xri  316),  by  re- 
BoTiog  a  rope  (8ffwXirx{,  Dinnya.  Le. ;  omipare 
SdioL  ad  Tleoer.  IdyL  viii  67)  attached  to  pilaa- 
iRi«f  the  kind  called  HermoA,  phu^ed  for  that  por- 
pw  between  each  stall ;  upon  which  the  gates 
vtre  immediately  thrown  open  by  a  nomber  of  men, 
pnbaUj  the  arneatoru,  as  represented  in  the  an- 
nexed voodcat,  taken  from  a  very  carious  marble 
in  tbe  Mueo  Borgianis  <^  Velletri ;  which  also 
itprnests  most  of  the  other  pecaliaiities  above- 
aectkiQed  as  ^ipertaining  to  the  caroeres. 


CIRCUS. 


In  tbe  SMMsaic  of  Lyons  the  man  is  represented 
'TP^tly  in  the  act  of  letting  go  the  rope 
(S^X^)  in  the  manner  described  by  Dionysios 
^^  <*•).  The  cat  below,  which  is  from  a  marble  in 
M«  Britiab  Maseom,  represents  a  set  of  four  earcere$y 
>^th  their  Jlermae^  and  eaneelli  open,  as  left  after 

"nus  nnaic  has  several  peculiarities.  Most 
ofibc  objects  are  double.  There  is  a  double  set 
of  oea  aod  de^)kisiae^  one  of  each  sort  at  each  end 
rf  the  ipwo— and  eight  chariots,  that  is  a  double 
i«t,  for  each  colour,  are  inaertecU 


the  chariots  had  started  ;  in  which  the  gates  are 
made  to  open  inwards. 

The  preeeding  account  and  woodcuts  will  be 
sufficient  to  ex|£un  the  meanmg  of  the  various 
words  by  which  the  ooneeret  were  designated  in 
poetical  language,  namely,  dmuira  (Stat  7)U&.  vi 
399  ;  Hor.  Epist,  i.  14.  9),  eryp(a  (Sidon  Cbrwu 
xxiii  Sl9\/ima8$  (Cassiodor.  Vcw.  Epi$L  iii.  51), 
oi^  ( Auson.  Epi$L  xviii.  1 1  )^/ore»  caretria  (Ovid, 
THct  T.  9.  29),  repagula  (Ovid,  Met,  ii  155  ;  SiL 
Ital.  XVL  318),  ^nitaa  equorwm  (Id,  xvL  317). 

It  will  not  fail  to  be  observed  that  tbe  line  af 
the  earoeru  is  not  at  a  right  angle  with  the  tpma^ 
but  forms  the  segment  of  a  circle,  the  centre  of 
which  is  a  point  on  the  right  hand  of  the  arena  ;  the 
reason  for  which  is  obviously  that  all  the  chariots 
might  have,  aa  nearly  as  possible,  an  equal  dis- 
tance to  pass  over  between  the  eareeret  and  mouth 
of  the  course.  Moreover,  the  two  sides  of  the 
circus  are  not  parallel  to  each  other,  nor  the  tpma 
to  either  of  them  ;  but  they  are  so  planned  that 
the  course  diminishes  ffradnally  from  the  mouth  at 
(J),  until  it  reaches  ue  corresptrnding  line  at  the 
opposite  side  <^  the  spina  (K),  where  it  is  narrower 
by  thirty-two  feet.  This  might  have  proceeded 
from  economy,  or  be  necessary  in  the  present  in- 
stance on  account  of  the  limited  extent  of  the  circus; 
for  as  all  the  four,  or  six,  chariots  would  enter  the 
month  of  the  course  nearly  abreast,  the  greatest 
width  would  be  required  at  that  spot ;  but  as  they 
got  down  the  course,  and  one  or  more  took  the  lead, 
the  same  width  would  be  no  longer  necessary. 

Tha  careertt  were  divided  into  two  sets  of  six 
each,  accurately  described  by  Cassiodorus  {L  e.)  as 
Inssena  ottiOf  by  an  entrance  in  the  centre  (L), 
called  porta  pompae ;  because  it  was  the  one 
through  which  the  Ciroensian  procession  entered, 
and  which,  it  is  inferred  finxn  a  passage  in 
Auscmius  {EpisL  xviiL  12),  was  always  open, 
forming  a  thoroughfare  through  the  circus.  Be- 
sides this  entrance,  there  were  four  others,  two  at 
the  termination  of  the  seats  between  the  ootwa  and 
the  oppidum  (M,  M),  another  at  (N),  and  the 
fourth  at  (O),  under  the  vault  of  which  the  fresco 
decorations  are  still  visible^  This  is  supposed  to  be 
the  Porta  TriumpkaliSj  to  which  its  situation  seems 
adapted.  One  of  the  others  was  the  Porta  JUU- 
tineim$  (Lamprid.  Commod.  16),  so  called  because 
it  was  the  #ne  through  which  the  dead  bodies  of 
those  killed  in  the  games  were  carried  out  (Dion 
Cass.  Ixxil  p.  1222.) 

Such  were  the  general  features  of  a  circus,  as 
far  as  regards  the  interior  of  the  fiibric  The  area 
had  also  its  divisions  appropriated  to  particular 
purposes,  with  a  nomenclature  of  its  own  attached 
to  each.  The  space  immediately  before  the  cppi' 
dttm  was  termed  circus  primus  ;  that  near  thefM^a 
prima^  circus  interior  or  nUimus  (Varr.  DelAng, 
Lot.  v.  154),  which  latter  spot,  in  the  Circus 
Maximns,  was  also  termed   ad  Murdm^   or  id 


S86 


CIRCUS. 


Muraam,  from  the  altar  of  Venus  Martia,  or 
Murcia,  placed  there.  (Compare  ApuleiuB,  MeL  vi. 
pi  395,  ed.  Oudendorp  ;  Tertull.  de  Spectac.  8  ; 
Miiller,  ad  Varrofu  L  c.)  The  tenn  arata  bdonss 
to  an  amphitheatre  ;  and  it  ia  therefore  prohable 
that  it  was  applied  in  the  circns  to  the  kige  open 
space  between  the  careeres  and  prima  metOy  when 
the  circus  was  used  for  the  exhibition  of  athletic 
games,  for  which  the  locality  seems  best  adapted  ; 
bat  in  Silius  Italicos  (xri  416)  it  is  put  for  the  part 
down  the  tpina.  When  the  circus  was  used  for 
racing,  the  course  was  termed  ^MOutm  (Jut.  ScU. 
yi.  58*2)  ov^xUta^  because  the  mstch  included  more 
than  one  circuit  (Virg*  '^^^  ▼>  S16,  325,  327, 
Gwrg,  i.  513  ;  Stat  Tked.  vl  594  ;  Hor.  EpitL  i. 
14. 9  ;  compare  Sil.  Ital.  xvi.  336.)  It  is  also  called 
cmnpui  (Sil  zvi  391),  and  poetically  aequor  {Id, 
414). 

At  the  entrance  of  the  conrw,  exactly  in  {he 
direction  of  the  line  (J,  K),  were  two  small  pe- 
destals (hermuli)  on  each  side  of  the  podium^  to 
which  was  attached  a  chalked  rope  {a/ba  Unea^ 
Cassiodor.  /.c),  for  the  purpose  of  making  the 
start  &ir,  precisely  as  is  practised  at  Rome  for  the 
horse-races  during  Cameral.  Thus,  when  the 
doors  of  the  caroeret  were  thrown  open,  if  any  of 
the  horses  rushed  out  before  the  others,  they  were 
brought  up  by  this  rope  until  the  whole  were  fairly 
abreast,  when  it  was  loosened  from  one  side,  and 
all  poured  into  the  course  at  once.  In  the  Lyons 
mosaic  the  alba  linea  is  distinctly  traced  at  the 
spot  just  mentioned,  and  one  of  the  chariots  is 
obserred  to  be  upset  at  the  very  place,  whilst  the 
others  pursue  their  course.  The  writer  has  often 
seen  the  same  accident  happen  at  Rome,  when  an 
over-eager  horse  rushes  against  the  rope  and  gets 
thrown  down.  This  line,  for  an  obrious  reason 
(Plin.  H.  N,  xxxT.  58),  was  also  called  ealx,  and 
ereta  (Cic.  de  Am.  27  i  Senec.  Epitt,  108),  from 
whence  comes  the  allusion  of  Persius  {Sat  r.  177), 
cretata  ambitio.  The  metae  serred  only  to  regulate 
the  turnings  of  the  course,  the  alba  linsa  answered 
to  the  starting  and  winning  post  of  modem  days  — 
**  pcracto  Icgitimo  cursn  ad  cretam  stetere.'*  '(Plin. 
//.  N.  viii.  65  ;  and  compare  xxxv.  58.)  Hence 
the  metaphor  of  Cicero  {Sened.  23),  "  quasi  decurso 
spatio  ad  careeres  a  caloe  revocari  ;"**  and  of  Horace 
(Epia.  i.  16.  79),  '*morB  MlHma  Unea  rerum."^ 
(Comp.  Lucret  vL  92.) 

From  this  description  the  Circus  Maximus  dif- 
fered little,  except  m  size  and  magnificence  of  em- 
bellishment But  as  it  was  used  for  hunting  wild 
beasts,  Julius  Caesar  drew  a  canal  called  Euripus, 
ten  feet  wide,  around  the  bottom  of  the  podium^  to 
protect  the  spectators  who  sat  there  (Dionys.  iii. 
p.  192  ;  Suet  Jul,  39),  which  was  reroored  by 
Nero  (Plin.  H.  N,  viii.  7),  but  subsequently  re- 
stored by  other  princes.  (Lamprid.  Hdiogab.  23.) 
It  possessed  also  another  variety  in  thi«e  open 
galleries,  or  balconies,  at  the  circuit  end,  called 
ineniana  or  maeniana.  (Suet  Cal,  18.)  The  num- 
bers which  the  Circus  Maximus  was  capable  of 
containing,  are  computed  at  1 50,000  by  Dionysius 
(iii.  p.  192),  260,000  by  Pliny  {H.  M  xxxvi  24. 
§  1),  and  385,000  by  P.  Victor  {Regio  xi),  aU  of 
which  are  probably  correct,  but  have  reference  to 
different  periods  of  its  history.  Its  very  great  ex- 
tent is  indicated  by  Juvenal  {Sat  xi  195).  Its 
length,  in  the  time  of  Julius  Caesar,  was  three 
stadia,  the  width  one,  and  the  depth  of  the  build- 
ings occupied  half  a  stadium  (Plm.  L  c),  which  is 


CIRCUa 

included  in  the  measurcmenta  given  by  Dionytig 
(iiL  p.  192),  and  thus  exactly  acooontB  lor  th 
variation  in  his  oomputation. 

When  the  Circus  Maximus  was  permanenti; 
formed  by  Taiquinius  Priscua,  each  of  the  tkiit 
curiae  had  a  particular  plaoe  assigned  to  it  (Diooji 
iii  p.  192)  ;  but  as  the  plebeians  liad  no  r^t  to : 
seat  in  this  circus,  the  Ciicus  Flaminius  was  sfter 
wards  built  for  their  games.  (Comp.  Niebuhr, //tt« 
ofRcme^ytA.  L  p.  36^  vol  ii  p.  S60.)  Of  cootm,  ii 
^e  latter  days  of  the  republic,  when  tlw  diitmctioi 
between  patricians  and  plebeians  had  prscticailj 
ceased  to  exist,  the  plebeians  sat  in  the  Circm 
Maximus.  (Suet  Amg,  44.)  The  seats  were  tba 
marked  off  at  intervals  by  a  line  or  groove  dnvz 
across  them  (/t»ea),  so  that  the  space  indnded  be- 
tween two  lines  afibided  sittmg  room  for  a  certair 
number  of  spectators.  Hence  the  allusion  of  Ond 
{Amor,  iii.  2.  19):  — 

Quid  frustra  refugis  ?  cogit  nos  Imas  jongL 
(Compare  Ovid.  Art  AmaL  i.  141.)     As  the  teat! 
were  hard  and  high,  the  women  made  use  of  s 
cushion  (ptf^tatts),  and  a  footatool  {teamnum,  tea- 
beUum^  Ovid.  Art  Amat.  I  160,  162),  for  which 
purpose  the  railing  which  ran  along  the  upper  edire 
of  each  praednetio  was  used  by  those  who  sat  im- 
mediately above  it  (Ovid.  Amor.  iiL  2.  64.)    Dot 
under  the  emperon,  when  it  became  neoenarr  to 
give  an  adventitious  rank  to  the  upper  daasei  by 
privileges  and  distinctions,  Augustus  fint,  then 
Chtudius,  and  finally  Nero  snd  Domitian,  gepnntted 
the  senators  and  equites  from  the  common  people. 
(Suet  Aug.  44,  Ciaud.  21,  2^en>,  11,  DomiL  8.) 
The  seat  of  the  emperor— /w/oMar  (Suet  Aag.  44, 
aaud.  4),  cutnaUum  (Id.  Aen>,    12),  was  most 
likely  in  the  same  situation  in  the  Circus  Maximal, 
as  in  the  one  above  described.     It  wasgcsenlly 
upon  ihe  podium^  unless  when  he  premded  hiinsell^ 
which  was  not  always  the  case  (Suet  Nero^  I  () ; 
but  then  he  occupied  the  elevated  tribunal  oi  the 
president  {suggethu)^  over  the  porta  pompa$.  The 
consuls  and  other  dignitaries  sat  above  the  csrcms 
(Sidon.  Carm,  xxiii.  317),  indications  oi  vbiek 
seats  are  seen  in  the  woodcut  on  page  285,  a. 
The  rest  of  the  oppidum  was  probably  occupied  by 
the  musicians  and  persons  who  formed  part  of  the 
pompa. 

The  exterior  of  the  Circus  Maximus  was  loi- 
rounded  by  a  nortico  one  story  high,  above  which 
were  shops  for  those  who  sold  refreshoMnti> 
(Dionys.  iii.  p.  192.)  Within  the  portico  were 
ranges  of  dark  vaults,  which  supported  the  ceati 
of  the  oavea.  These  were  let  out  to  women  of  the 
town.  (Juv.iStz^.  iii  65;  Lamprid.  Heliogab.  '26.) 

The  Circensian  games  {Ludi  Circanses)  wcfefin<  ' 
instituted  by  Romulus,  according  to  the  legends, 
when  he  wished  to  attract  the  Sabme  popalatioo  is 
Rome,  for  the  purpose  of  furnishing  his  own  peopJ* 
with  wives  (Val.  Max.  il  4.  §  3),  and  were  cele- 
brated in  honour  of  the  god  Census,  or  Neptunui 
Equestris,  from  whom  they  were  styled  OonsuaUx 
(Liv.  I  9.)     But  after  the  construction  of  ih«  | 
Circus  Maximus,  they  were  called  indiscriminatelj 
Circetuea  (Servius,  ad  Virg.  Georg.  iii  18), /?<>»»'»', 
or  MagiU,  (Liv.  i  35.)     They  embraced  six  kinds   j 
of  games: — I.  CuRsus  ;  II.  Ludus  Trojai;  | 

III.  PUONA  EqUBSTRIS  ;   IV.  CSRTiMEN  GvM- 

NicuM  ;  V.  Venatio  ;  VI.  Naumachu.   The 
two  last  were  not  peculiar  to  the  circiUf  hut  were   I 
exhibited  also  in  the  amphitheatre,  or  m  buildings  | 
appropriated  for  them. 


CIRCUSw 

Tie  gVMH  amuBCBoed  with  a  giBiid  proeeasion 
(Fompa  Cireemm»\  fn  whiek  all  those  who  were 
ibwt  to  ediibit  in  the  cirnit,  as  wdl  as  peRona  of 
dNtiQeSMa,  bore  a  part  The  statues  of  the  gods 
fanaed  the  most  eonsfucoons  febtnie  in  the  show, 
wkkh  were  paraded  upon  wooden  j^tfonns,  called 
y^rea^aadl&aMoe.  {SvuiL  JttL  7^.)  The  ibrmer 
were  borne  opon  the  Bhoalden^  as  the  statues  of 
suets  are  caixied  in  modem  processions  (Cic  de 
l^.  L  36) ;  the  latter  drawn  along  upon  wheels, 
and  beoee  the  tftaua  which  bore  the  statue  of 
Jupiter  is  termed  Jbets  jAauinan  by  Tertullian 
U^  Speetac  7)»  and  Ai^s  tx"^  by  Dion  Cassius 
i  p.  €08).  The  former  were  tat  painted  images,  or 
those  of  light  material ;  the  latter  for  the  heavy 
ttUooL  The  whole  procession  is  mmntely  de- 
scribed by  Dianysius  (vii.  ppw  4579  ^^  I  comp. 
Ovid,  Amor,  iiL  2.  43,  &c). 

L  CuKSCS,  the  races.  The  carriage  usually 
enpioTed  in  the  circus  was  dtawn  by  two  or  four 
k  m  (ii^  quadriga),     [CuRRUa] 

The  nanal  number  of  chariots  which  started  for 
«ach  race  was  four.  The  drivers  {avrigae^  agi- 
biiarm)  were  also  divided  into  four  companies, 
each  diatingiiished  by  a  dii!!eicnt  colour,  to  repre- 
sest  the  iMir  seasons  of  the  year,  and  called  a 
fni^  (Festns,  a. «.) :  thus  faetio  prastttOy  the 
green,  represented  the  spring,  whence  (Juv.  Sat, 
XL  1^6)  **■  Eventnm  vkidis  quo  colligo  pamti;'''' 
j'idio  rasmOOy  red,  the  summer ;  /actio  veneta, 
azsre,  the  autnmn ;  and  /actio  alba  or  aUtaia^ 
trkite,  the  wintec  (TertuIL  de  Spectae,  9 ;  compare 
the  aothoritics  quoted  by  Rnperti,  ad  Juv.  viL 
\V2,)  Origmslhf  there  were  but  two  Actions, 
s&Ax  aad  rsmfts  (Tertull.  L  c),  and  consequently 
\silj  two  chariots  started  at  each  race.  Domitian 
fsbaeqocatly  increased  the  whole  number  to  six, 
by  ihe  addition  of  two  new  fiurtiona,  attrata  and 
parform  (Soet.  X>oni.  7) ;  but  this  appears  to  have 
li«en  ao  ezeeptiaii  to  the  usual  practice,  and  not  in 
jzeaoal  use.  The  driver  stood  in  his  car  within 
tae  idaa^  which  went  round  his  back.  This 
aaUed  ham  to  throw  all  his  weight  against  the 
Ibases,  by  leaning  backwards  ;  but  it  greatly  en- 
haeeed  his  danger  in  caae  of  an  upset,  and  caused 
tW  death  of  Hippolytua.  (Eur.  Hipp,  1230,  ed. 
Mi^ ;  compace  Ovid,  MeL  xv.  524.)  To  avoid 
tbii  perfl  a  sort  of  knife  or  bill-hook  was  carried 
at  the  waist,  fiir  the  purpose  of  cutting  the  reins 
m  a  ease  of  emergency,  as  is  seen  in  some  of  the 
aadeat  xdie&i,  and  is  more  dearly  illustrated  in 
the  aonexed  woodcot,  copied  from  a  fragment  for- 
nteiy  bdiaiging  to  the  Villa  N^;roni,  which  also 
sSgt&M  a  ^edmen  of  the  dress  of  an  amipa.  The 
tono  only  cemaina  of  this  statue  ;  but  the  head  is 
applied  from  another  antique^  representing  an 
asr^  in  the  Villa  Albani 

When  all  was  ready,  the  doors  of  the  carceres 
vs«  flong  open,  and  the  chariots  were  formed 
ahfcsit  of  the  alba  tmea  by  men  called  moratoru 
h«B  their  duty ;  the  signal  for  the  start  was  then 
given  by  the  perwn  who-  presided  at  the  games, 
soaetines  by  sound  of  trumpet  (Ovid.  MeL  z. 
$o2;  Si^n.  Carm.  zziiL  341),  or  more  usually  by 
WcUBf  fidl  a  napkin  {mappa^  Suet  Neroy  22 ; 
Msrt  £;k.  xiL  29.  9),  whence  the  Circensian  games 
sie  called  apedaeida  mappae.  (Jut.  Sat,  xi.  191.) 
The^  origin  of  this  custom  is  founded  on  a  story 
that  Nera,  while  at  dinner,  hearing  the  shouts  of 
the  peode  who  were  clamorous  for  the  course  to 
begin,  thnew  down  his  napkin  as  the  signal,  (Cas- 


CIRCUS. 


2»7 


siodor.  Var,  Ep,  iil  51.)  The  alba  Vnea  wvlm 
then  east  off^  and  the  race  commenced,  the  extent 
of  which  wns  seven  times  round  the  iputa  (Varroi, 
<q}.  Gt!L  iii.  10),  keeping  it  always  on  the  left. 
(Ovid.  Amor,  iii.  2.  72  ;  Sil.  Ital.  xvi.  362.)  A 
course  of  seven  circuits  was  termed  m»u  mifSMft, 
and  twenty-five  was  the  number  of  races  ran  in 
each  day,  the  last  of  which  was  called  mittua  aero- 
rius^  because  in  early  tunes  the  expense  of  it  was 
defrayed  by  a  collection  of  money  (aet)  made 
amongst  the  people.  (Serv.  ad  Virg,  Gtorg,  iiu 
18  ;  compare  Dion  Cass.  lix.  p.  908.)  Upon  one 
occasion  Domitian  reduced  the  number  of  cireuits 
frtmi  seven  to  five,  in  order  to  exhibit  100  mtnat 
in  one  day.  (Suet.  Dam,  4.)  The  victor  descended 
from  his  car  at  the  conclusion  of  the  race,  and 
ascended  the  tpima^  where  he  received  his  re- 
ward  (6nM»«m,  from  the  Greek  /Spo^ctoy,  PauL 
1  CoriKth.  ix.  24),  which  consisted  in  a  considerable 
sum  of  money  (Juv.  SaL  vii  113,  114,  243; 
Suet  Claud,  21),  which  accounts  for  the  great 
wealth  of  the  charioteers  to  which  Juvenal  alludes, 
and  the  truth  of  which  is  testified  by  many  sepul- 
chral  inscriptions. 

A  single  horseman,  answering  to  the  KiXrit  of 
the  Greeks,  attended  each  chariot,  the  object  of 
which  seems  to  have  been  twofold ;  to  assist  his 
companion  by  urging  on  the  hones,  when  his  hands 
were  occupied  in  managmg  the  reins,  and,  if  neces- 
sary, to  ride  forward  and  clear  the  course,  as  seen 
in  the  cut  fimm  the  British  Museum  representing  the 
metaSy  which  duty  Cassiodorus  {Var,  Ep,  iii.  51) 
assigns  to  him,  with  the  title  of  eqmu  duattorim. 
Other  writen  apply  that  term  to  those  who  prac- 
tised feats  of  horsemanship  in  the  circus,  leaping 
from  one  to  another  when  at  their  speed.  (Compare 
Suet  JvL  39 ;  Cic.  Pro  Muren,  27  ;  Dionys.  p. 
462 ;  Panvin.  De  Lad,  Circent.  i.  9.)  In  other 
respects,  the  horse-racing  followed  the  same  rules 
as  the  chariots. 

The  enthusiasm  of  the  Romans  for  these  races 
exceeded  all  bounds.  Lists  of  the  hones  {libeiU\ 
with  their  names  and  coloun,  and  those  of  the 
drivers,  were  handed  about,  aiid  heavy  bets  made 
upon  each  fiiction  (Ovid,  Art,  Amat.  i.  167,  168  ; 
Juv.  5a<.  zi.  200 ;  Mart  Ep,  xi.  1. 15) ;  and  some- 


288 


CISTA. 


times  the  contests  between  two  parties  broke  out 
into  open  violence  and  bloody  quarrels,  until  at 
last  the  disputes  which  originated  in  the  circus, 
had  nearly  lost  the  Emperor  Justinian  his  crown. 
(Gibbon,  c  40.) 

II.  Luous  Trojab,  a  sort  of  sham-fight,  said 
to  have  been  invented  by  Aeneas,  performed  by 
young  men  of  rank  on  horseback  (Tacit  Ann.  id. 
II),  often  exhibited  by  Augustus  and  succeeding 
emperors  (Suet  Aug,  43,  Nero,  7),  which  is  de- 
Ecribed  by  Virgil  {A en.  v.  553,  &c.). 

III.  PuGNA  Equbstris  bt  Pbdbstris,  a  re- 
presentation of  a  battle,  upon  which  occasions  a 
camp  was  formed  in  the  circus.  (Suet  JuL  39, 
Dom.  4.) 

IV.  Cbrtambn  gymnicum.  See  Athlbtab, 
and  the  references  to  the  articles  there  given. 

V.  [Vbnatio.]     VI.  [Naumachia.] 

The  pompa  circensis  wa3  abolished  by  Con- 
stantine,  upon  his  conversion  to  Christianity ; 
and  the  other  games  of  the  circus  by  the  Goths 
(a.  D.  410)  ;  but  the  chariot  races  continued  at 
Constantinople  until  that  city  was  besieged  by 
the  Venetians  (a.  d.  1204).  [A.  R.] 

CIRRUS.    [Coma.] 

CI'SIUM,  a  gig,  i.e.  a  light  open  carriage  with 
two  wheels,  adapted  to  carry  two  persons  rapidly 
from  place  to  place.  Its  form  is  sculptured  on 
the  monumental  column 
at  Igel,  near  Treves  (see 
woodcut).  It  had  a  box 
or  case,  probably  under 
the  seat  (Festus,  $.v.  Plo- 
tcinum.)  The  cisia  were 
quickly  drawn  by  mules 
(ctsi  volaniUf  Virg.  CataL 
Till  3;  Cic.  PhiL  il  31).  Cicero  mentions  the 
case  of  a  messenger  who  travelled  56  miles  in  10 
hours  in  such  vehicles,  which  were  kept  for  hire  at 
the  stations  along  the  great  roads ;  a  proof  that  the 
ancients  considered  six  Roman  miles  per  hour  as 
an  extraordinary  speed.  {Pro  Rosdo  Amer.  7.) 
The  conductors  of  these  hired  gigs  were  called 
cinarii,  and  were  subject  to  pensdties  for  care- 
less or  dangerous  driving.  (Dig.  19.  tit  2.  s. 
13.)  [J.Y.] 

CIST  A  (iciemj),  a  small  box  or  basket,  com- 
monly made  of  wicker-work,  in  which  any  thing 
might  be  placed.  (Cic  Verr.  iii.  85  ;  Hor.  Ep.  l 
1 7.  54.)  In  the  Roman  comitia  the  cista  was  the 
ballot-box  into  which  the  voters  cast  their  tabellae 
(PI  in.  If.  N.  xxxiii.  2.  s.  7  ;  Auctor,  ad  Heretm. 
i.  12  ;  Pseudo- Ascon.  orf  Cic  Divin.  7.  p.  108,  ed. 
Orelli).  The  form  of  the  cista  is  pre^rved  on  a 
coin  of  the  Cassia  gens,  which  is  represented  in 
the  annexed  cut,  and  which  is  evidently  made  of 
wicker  or  similar  work.  The  material 
of  which  it  was  made  is  alluded  to  by 
Tibullus  in  the  line  (I  7.  48)  «  et  levia 
occultis  conscia  cisia  sacris."  The  cista 
has  been  frequently  confounded  with  the 
sitella,  but  the  latter  was  the  urn  firom  which  the 
names  of  the  tribes  or  centuries  were  drawn  out  by 

lot      [SiTKLLA.] 

The  name  of  cistae  was  also  given  to  the  small 
boxes  which  were  carried  in  procession  in  the 
Greek  festivals  of  Demeter  and  Dionysus.  These 
boxes,  which  were  always  kept  closed  in  the  public 
processions,  contained  sacred  things  connected  with 
the  worship  of  these  deities.  (Ovid,  De  Art. 
Amat.  ii.  609  ;  Catull.  briv.  260  ;  Tibull.  i.  7.  48.) 


R 

M 


CIVITAS. 
In  the  representations  of  the  Dionjsian  proc can 
sions,  which  firequently  form  the  subject  of  paixiti 
ings  on  ancient  vases,  women  carrying  cistae  an 
constantly  introduced  ;  they  are  usually  of  an  ob^ 
long  form,  and  thus  differ  completely  from  tb.i 
cistae  nsed  in  the  Roman  comitia.  From  om 
of  these  paintings,  given  by  Millin  in  his  Pesj§^ 
tures  de  Vcuet  Antiques,  the  following  woodcat  U 
taken. 


CISTO'PHORUS  {KiffTwp6pos\  a  rilver  coin, 
which  belonged  to  the  kingdom  of  Peigamos,  and 
which  was  in  general  circiilation  in  Asu  Minor  at 
the  time  of  the  conquest  of  that  countiy  by  the 
Romans.  (Liv.  xxxvii.  46,  58,  xxxix.  7  ;  Cic  ad 
AU.  ii.  6,  xi.  ].)  Its  value  is  extremely  uncer- 
tain, as  the  only  information  we  poasess  aa  the 
subject  is  in  two  passages  of  Festus,  which  are  at 
variance  with  each  other,  and  of  which  certainly 
one,  and  probably  the  other,  is  corrupt.  (Festus, 
9.  w.  Euboieum  TaUntum,  and  TaiaUonim,  mm^ 
&C. ;  see  MUUer^s  notes) :  and,  with  respect  to  the 
existing  specimens,  it  is  doubtfiil  whether  they  are 
double  or  single  cistophori.  Bockh  supposes  them 
to  have  been  originally  didrachms  of  the  Aeginetan 
standard :  others  take  them  for  tetradrachms.  Air. 
Hussey  (pp.74,  75),  from  existing  toins,  which  he 
takes  for  cistophori,  determines  it  to  be  aboat  f  of 
the  later  Attic  drachma,  or  Roman  denarius  of  the 
republic,  and  worth  in  our  money  about  7\c/.  The 
existing  specimens  are  extremely  scarce.  The 
general  device  is,  on  the  one  side,  the  sacred  chest 
(cwto,  whence  the  name)  of  Dionysus,  half  open, 
with  a  serpent  creeping  out  of  it,  surroimdcd  by 
an  ivy  wreath,  and  on  the  reverse,  the  car  of  De- 
meter,  drawn  by  serpents.  The  period  daring 
which  cistophori  were  struck,  is  supposed  to  hare 
been  from  about  B.  c.  200,  down  to  the  battle  of 
Actium.  (Panel,  de  Cistophoris,  Lufi[d.  1734; 
Eckhel,  vol.  iv.  pp.  352—368  ;  Bdckh,  MetroL 
Untersueh.  pp.  101,  107.)  [P.  S.  1 

CITHARA.     [Lyra.1 

CIvrLE  JUS.     [Jus  Civile.] 

CIVl'LIS  ACTIO.     [Actio.] 

CIVIS.      [CiVITAS.] 

Cr VITAS  (iroAiTfra),  citixenship.    I.  Grxxk. 


CIV1TA53L 

U  ^  iksd  book  of  tlie  PoGtica,  Aristotle  com. 
omoet  his  inqairf  into  tlie  iiatiirB  of  states  with 
^  qoeitiaa,  **  What  constitates  a  dtisen?^  («»> 
Ainp),  He  dflfines  a  citiaen  to  be  one  who  is  a 
poftDcr  in  the  IcgisiatiTe  and  jndidal  power  (jt^ro- 
XM  KfiMtms  JK»  Vxi')>  ^o  definition  wiU 
eqasDj  apply  to  all  the  different  states  of  Oieeee, 
cr  to  any  iin^  state  at  diflerent  times  ;  the 
ftbere  aeaoM  to  oomprehend  moce  or  less  pro^wriy 
aD  these  wfaom  the  crnnrnmi  nse  of  hn^giuige  en- 
ailed  to  the 


CIVITAS. 


389 


A  itite  in  the  heroic  ages  was  the  soyi 
of  a  prinee ;  the  dtiaens  were  his  sabjecta,  and 
^nd  aU  their  pririkges,  eiril  as  wdl  as  leli- 
giooa,  frooi  thdr  noUes  and  princes.  Nothing 
coold  hare  been  further  from  the  notions  of  those 
tbaot  than  the  ideas  icspectiqg  the  natoral 
eqiuBtj  of  CrecBaen  which  were  considered  self- 
enJcQt  aadoma  in  the  democracies  of  an  after- 
period.  In  the  eaiiy  gorenunents  there  were  no 
ibnaal  stipulations ;  the  kings  were  amenable  to 
the  gods  akme.  The  shadows  of  a  council  and 
omebUj  were  alreadj  in  existence,  but  their 
bcsiaeBs  was  to  obey.  Community  of  language, 
•f  xdigien,  and  of  legal  rights,  as  far  as  they  then 
fzi»ted»  was  the  bond  of  union ;  and  their  pri- 
rJepes  such  as  they  wne,  were  readily  granted 
to  namnilisfd  stiangera.  Upon  the  whole,  as 
WachflButh  has  well  obserred,  the  notion  of 
adseadnp  in  the  heroic  age  only  existed  so  hi 
M  the  cooditioa  of  aliens  or  of  domestic  skves 
vas  its  aegatrr& 

The  rise  of  a  dominant  dass  graduaUy  oTer- 
tfarev  the  wwimiw*W  of  ancient  Greece.  Of  such 
a  daai,  the  chief  characteristics  wen  good  birth 
aad  the  heieditaiy  trsnsmission  of  privileges, 
the  piwHi  SHJfi  of  land,  and  the  peribnnanoe  of 
sulituy  aenrice.  To  these  characters  the  names 
TMl/MpM,  Iwr&s,  c^vcrrpfSoi,  ftc,  sererally  cone- 
iv«d.  Strictly  speaking,  these  were  the  only 
rixbesi ;  yet  the  lower  dass  was  quite  distinct 
from  hondaien  or  slarea.  It  commonly  happened 
thss  the  nobility  oompied  the  fortified  towns, 
Tble  the  S%i0s  lived  in  the  country  and  followed 
sricdtBral  ponmts:  whenever  the  latter  were 
cuhrred  within  the  walls  and  became  seamen  or 
ItaDdJoaftmen,  the  diffnence  of  rsnk  was  soon 
lort,  aad  wedtth  made  the  only  standard.  The 
(pairds  of  the  nobility  among  themselves,  and  the 
adnixtme  of  population  arising  from  immigrationa, 
ajl  teaded  to  raise  the  lower  orders  frun  their 
pctitxal  snbjectioo.  It  must  be  remembered^  too, 
that  the  pnsirssimB  of  domestic  sUves,  if  it  pbced 
then  in  no  new  relation  to  the  governing  body,  at 
aoj  rate  gave  them  leisure  to  attend  to  the  higher 
dctses  of  a  dtizen,  and  thus  served  to  increase  their 


Daring  the  convulsions  which  followed  the 
heroic  ages,  natoralisation  was  readily  granted  to 
sS  who  desired  it ;  as  the  value  of  dUzenship  in- 
cnaaed,  it  was,  of  course,  more  sparingly  bestowed. 
The  ties  of  hospitality  descended  from  the  prince 
to  the  state,  and  the  friendly  relations  of  the 
Hcnerie  henea  were  exchanged  fi>r  the  rpo^^ytai 
of  a  later  period.  In  politicu  intercourse,  the  im- 
pnrtaiice  of  these  laat  soon  began  to  be  felt,  and  the 
T^fpof  at  Athens,  in  after  times,  obtained  rights 
only  inferior  to  actual  dtixenshipu  [HosprriUM.] 
The  iiopoiiie  relation  existed,  however,  on  a  much 
awce  emended  scale  Sometimes  particular  privi* 
kges  were  gnmted :  as  ivryofdof  the  right  of  inter- 


_  ;  fymiortt,  the  right  of  aequring  landed 
proper^ ;  Ar^Asia,  immunity  from  taiation,  espe> 
dally  ftr^ia  /Aereuciev ,  from  the  tax  hnposed  on 
resident  aliensL  All  these  privileges  were  mduded 
under  the  general  term  teardXMta^  or  iowroAlrcio, 
and  the  ^Sua  who  obtained  them  were  called 
ifforcActr.  They  bore  the  same  burthens  with  the 
dtixens,  and  could  plead  in  the  courts  or  transact 
business  with  the  people,  without  the  intervention 
ofavp«rnin|f.  {Bikikh^  PMie  Eeim,  </ Aihmu^ 
pi  540, 2nd ed.;  Niebuhr,i/u<.  i?o«a.  iL p.  63 ;  Ha- 
mma^Ltkf6mAd.Grieek,Staaiaalik%\U.)  If  the 
right  of  dtizenship  was  conierTed  for  services  done 
to  the  state,  the  rank  termed  9potipUotwUpy*«im 
might  be  added.  Naturalised  dtiaens  even  of  the 
highest  grade  were  not  precisely  in  the  same  con- 
dition with  the  dtiien  by  birth,  although  it  is  not 
a^^eed  in  what  the  difference  consisted.  Some 
tlunk  that  they  were  excluded  from  the  assembly 
(Niebuhr,  L  c),  others  that  they  were  only  in- 
eligible to  offices,  or  at  any  rate  to  the  archonship. 

The  candidate  on  whom  the  dtixenship  was  to 
be  confened  was  proposed  m  two  succesnve  assem- 
blies, at  the  second  of  which  at  least  six  thousand 
dtiaens  voted  fi>r  him  by  ballot :  even  if  he  suc- 
ceeded, his  admission,  like  every  other  decree, 
was  liable  during  a  whole  year  to  a  TpOf^ 
wopaytf/uanr.  He  was  registered  in  a  phyle  and 
dome,  but  not  enrolled  in  the  phratria  and  genos  ; 
and  hence  it  has  been  argued  that  he  was  mdttible 
to  the  office  of  archon  or  priest,  because  unable  to 
partidpate  in  the  sacred  ntes  of  *AvtfAXair  Ilarp^ot 
or  Zichs  'Epicetbf . 

The  object  of  the  phratriae  (which  were  retained 
in  the  constitution  of  Cleisthenes,  when  their  num- 
ber no  longer  corresponded  to  that  of  the  tribes) 
was  to  preserve  purity  and  legitimacy  of  descent 
among  Uie  citizens.  Aristotle  sajrs  (PoL  iii  2) 
that  mr  practical  nnrposes  it  was  suffident  to  de- 
fine a  dtizen  as  tne  son  or  grandson  of  a  citixen, 
and  the  register  of  the  phratriae  was  kept  chiefly 
as  a  record  of  the  dtizenship  of  the  parents.  If 
any  one'k  daim  was  disputed,  this  register  was  at 
hand,  and  gave  an  answer  to  all  doubts  about  the 
rights  of  his  parents  or  his  own  identity.  Every 
newly  married  woman,  herself  a  citizen,  was  en- 
rolled in  the  phratriae  of  her  husband,  and  eveiy 
infrnt  registered  in  the  phratriae  and  genos  of  its 
father.  All  who  were  thus  registered  must  have 
been  bom  in  lawful  wedlock,  of  parents  who  were 
themadves  dtizens ;  indeed,  so  fiir  was  this  car- 
ried, that  the  omission  of  any  of  the  requisite 
formalities  in  the  marriage  of  the  parents,  if  it 
did  not  wholly  take  away  the  rights  of  citizen- 
ship,  might  plaice  the  offspring  under  serious  dis- 
abilities. This,  however,  vras  only  carried  out  in 
its  utmost  rigour  at  the  time  when  Athenian 
cttizeuship  was  most  valuable.  In  SoIon^s  time,  it 
is  not  certain  that  the  offspring  of  a  dtizen  and  of 
a  foreign  woman  incurred  any  dvil  disadvantage ; 
and  even  the  kw  of  Pericles  (Pint  Peric  37), 
which  exacted  citizenship  on  the  mother^a  side, 
appears  to  have  become  obsolete  very  soon  after- 
wards, as  we  find  it  re-enacted  by  Aristophon  in 
the  archonship  of  Eudeides,  &  c.  403.  (Athen.  xiii. 
p.  577.) 

It  is  evident  then,  from  the  very  object  of  the 
phrsHriae,  why  the  newly-admitted  citizen  was  not 
enrolled  in  tibem.  As  the  same  reason  did  not 
apply  to  the  children,  theae,  if  bom  of  Hamen  who 
were  citizens,  were  enrolled  in  the  phratria  of  their 


200 


CIVITAS. 


maternal  grand&ther.  (Isaeiu,  De  ApoL  Hered, 
e.  15.)  Still  an  additional  safeguard  was  provided 
bj  the  registry  of  the  deme.  At  the  age  of  six- 
teen, the  son  of  a  citizen  was  required  to  devote 
two  years  to  the  exercises  of  the  gymnasia,  at  the 
expiration  of  which  term  he  was  enrolled  in  his 
deme ;  and,  after  taking  the  oath  of  a  citizen,  was 
armed  in  the  presence  of  the  assembly.  He  was 
then  of  age,  and  might  marry ;  bnt  was  required 
to  spend  two  years  more  as  a  irc/>iTo\os  in  fiwntier 
service,  before  he  was  admitted  to  take  part  in  the 
assembly  of  the  people.  The  admission  into  the 
phratria  and  deme  were  alike  attended  with  oaths 
and  other  solemn  formalities:  when  a  ^otufuuria 
or  general  scrutiny  of  the  daims  of  citizens  took 
phioe,  it  was  entrusted  to  both  of  them ;  indeed 
the  registry  of  the  deme  was  the  only  check  upon 
the  naturalised  citizen. 

These  privileges,  however,  were  only  enjoyed 
while  the  citizen  was  Mrifju>s :  in  other  words, 
did  not  incur  any  sort  of  iirtfda,  which  was  of 
two  sorts,  either  partial  or  total,  and  is  spoken  of 
at  length  elsewhere.     [Atimia.] 

Recurrins  then  to  Aristotle^s  definition,  we  find 
the  essentiiu  properties  of  Athenian  citiz^oship  to 
have  consisted  m  the  share  possessed  by  every 
citizen  in  the  leffislature,  in  the  election  of  magis> 
trates,  in  the  ooKiftoffla^  and  in  the  courts  of 
justice. 

The  lowest  unity  under  which  the  citizen  was 
contained,  was  the  ydvos  or  clan  ;  its  members 
were  termed  yew^roi  or  6/ioyd\aKT€S.  Thirty 
y4yn  formed  a  ^parpla^  which  latter  division,  as 
was  observed  above,  continued  to  subsist  long 
after  the  four  tribes,  to  which  the  twelve  phratries 
anciently  corresponded,  had  been  done  away  by 
the  constitution  of  Cleisthenes.  There  is  no  reason 
to  suppose  that  these  divisions  originated  in  the 
common  descent  of  the  persons  who  were  included 
in  them,  as  they  certainly  did  not  imply  any  such 
idea  in  later  times.  Rather  they  are  to  be  con- 
sidered as  mere  political  unions,  yet  formed  in 
imitation  of  the  natural  ties  of  the  patriarchal 
system. 

If  we  would  picture  to  ourselves  the  true  notion 
which  the  Greeks  embodied  in  the  word  r6\ts^ 
we  must  lay  aside  all  modem  ideas  respecting  the 
nature  and  object  of  a  state.  With  us  practically, 
if  not  in  theory,  the  object  of  a  state  hardly  em- 
braces more  than  the  protection  of  life  and  pro- 
perty. The  Greekfl^  on  the  other  hand,  had  the 
most  vivid  conception  of  the  state  as  a  whole, 
every  part  of  which  was  to  co-operate  to  some 
great  end  to  which  all  other  duties  were  considered 
as  subordinate.  Thus  the  aim  of  democracy  was 
said  to  be  liberty ;  wealth,  of  oligarchy ;  and  edu- 
cation, of  aristocracy.  In  all  governments  the 
endeavour  was  to  draw  the  social  union  as  close 
as  possible,  and  it  seems  to  have  been  with  this 
view  that  Aristotle  laid  down  a  principle  which 
answered  well  enough  to  the  accidental  drcum- 
Btances  of  the  Grecian  states,  that  a  r6\is  must  be 
of  a  certain  size.  (Pol.  viL  4 ;  Nic  Eth,  ix.  10. 
Oil  yhp  iK  94Ka  fwpidZvy  T6kit  iri  icrUf.) 

This  unity  of  purpose  was  nowhere  so  fully 
carried  out  as  in  the  government  of  Sparta ;  and,  if 
Sparta  is  to  be  looked  upon  as  the  model  of  a 
Dorian  state,  we  may  add,  in  the  other  Doria»go- 
vcniments.  Whether  Spartan  institutions  in  their 
essential  parts  were  uie  creation  of  a  single 
master-mind,  or  the  result  of  circumstances  modi- 


CIVITAS. 

fied  only  by  the  genius  of  Lyeuigiu,  their  deiigi^ 
was  evidently  to  unite  tne  governing  body  sin<mg 
themselves  against  the  superior  numbers  of  the 
subject  population.     The  division  of  lands,  the 

r'tia,  the  education  of  their  youth,  all  tended  to 
great  object.  The  most  important  thing  next 
to  union  among  themaelvei,  was  to  divide  the  sab^ 
ject  class,  and  accordingly  we  find  the  goverament 
conferring  some  of  the  ri^ts  of  citizenship  on  the 
helots.  Properly  speaking,  the  hebts  camiot  be 
said  to  have  had  any  political  rights  ;  yet  beingr 
serfs  of  the  soil,  they  were  not  absolutely  under 
the  control  of  their  masters,  and  were  never  sold 
out  of  the  oonntzy  even  by  the  state  itself.  Their 
condition  was  not  one  of  hopelea  servitude ;  a  kf;al 
way  was  open  to  them,  by  which,  through  many 
intermediate  stages,  they  might  attain  to  Hberty 
and  citizenship.  (MUIler,  Doriantj  liL  3.  §  5.) 
Those  who  folbwed  their  masters  to  war  vert 
deemed  worthy  of  especial  confidence;  indeed, 
when  they  served  among  the  heavy-armed,  it 
seems  to  have  been  usual  to  give  them  their 
liberty.  The  Scowwrioyoirrai,  by  whom  the 
Spartan  fleet  was  almost  entirely  manned,  were 
freedmen,  who  were  allowed  to  dwell  where  thcj 
pleased,  and  probably  had  a  portion  of  land  al- 
lotted them  by  the  state.  After  they  had  bees 
in  possession  of  their  liberty  for  some  time,  thej 
appear  to  have  been  called  y9aiafM€ts  (Thoc  TiL 
58),  the  number  of  whom  soon  came  near  to  that 
of  the  citizens.  The  /i6$mfts  or  /i^Aucf 5  (u  their 
name  implies)  were  also  emancipated  helots ;  their 
descendsints,  too,  must  have  received  the  rights  of 
citizenship  as  Callicratidas,  Lysander,  and  Gjlip- 
pns  were  of  Mothacic  origin.  (MiiUer,  Doriaas, 
ii.  3.  §  6.)  We  cannot  suppose  that  they  passed 
necessarily  and  of  course  into  the  fiill  Spartao 
franchise ;  it  is  much  more  probable  that  at  Sparta, 
as  at  Athens,  intermarriage  with  citizens  might 
at  last  entirely  obliterate  the  badge  of  foxmer  ser- 
vitude. 

The  perioeci  are  not  to  be  considered  as  a  snl- 
ject  dass,  but  rather  as  a  distinct  peo(de,  separated 
by  their  customs  as  well  as  by  their  origm  from 
the  genuine  Spartans.  It  seems  unlikely  that  they 
were  admitted  to  vote  in  the  Spartan  assemblT ; 
yet  they  undoubtedly  possessed  dvil  rights  in  the 
communities  to  which  they  belonged  (Mullcr, 
Dorians,  iil  2.  §  4),  and  which  would  hardly  have 
been  called  v6\€is  unless  they  had  been  in  some 
sense  independent  bodies.  In  the  army  they  com- 
monly served  as  hoplites,  and  we  find  the  com- 
mand at  sea  intrusted  to  one  of  this  class.  (Thoc. 
viiL  22.)  In  respect  of  political  rights,  the  perioeci 
were  in  the  same  condition  with  the  plebeians  in 
the  early  history  of  Rome^  although  in  every  other 
respect  fiir  better  off,  as  they  participated  in  the 
division  of  lands,  and  enjoyed  the  exclusive  pn- 
vilege  of  engaging  in  trade  and  commerce,  ^^'i^^ 
confirms  the  view  here  taken,  is  the  fact,  that,  as 
fiu:  as  we  know,  no  individual  of  this  dass  was 
ever  raised  to  participate  in  Spartan  pmUcgcs. 
Nothing,  however,  can  be  more  enoneoos  than  to 
look  upon  them  as  an  oppressed  race.  Even  their 
exclusion  fix>m  the  assembly  cannot  he  vieved  ia 
this  light ;  for,  had  they  possessed  the  privilege, 
their  residence  in  the  country  would  have  de- 
barred them  firom  its  exercise.  It  only  remainfl 
to  consider  in  what  the  superiority  of  the  genuine 
Spartan  may  have  consisted.  In  the  firrt  pla^t 
besides  the  right  of  voting  in  the  assembly  and 


CrVTTAS, 


C1V1TA& 


991 


become  a  candidate  ftr  tlie  magictnciei^  lia 
vas  pMBMwd  of  landa  and  eiftTea,  and  waa  tlnia 
ccanpi  fioB  aU  caie  aiboat  tlie  ncrffgwrwa  of  life ; 
aeeaoflj,  on  the  field  of  battle  be  alwayi  aerfed 
aaogst  tke  Inplitea ;  thirdly,  he  partiapated  in 
the  Spattn  edncatiaB,  and  in  all  other  Dorian 
jaetiiiitin— ,  both  d-vil  and  rdigionL  The  ie> 
iKtaica  iHddi  Sparta  ihoved  to  admit  ftragnen 
was  prapflrtioKd  to  the  fafaw  of  theae  privilegea: 
iodeed  Hendfltna  (iz.  35)  nys  that  Sparta  had 
«Jt  wufaied  the  faD  fisnchiae  in  two  inataneea. 
Ib  legal  qghti  all  Spaitana  were  equal ;  but  there 
woe  jct  aereial  gradatJonm,  which,  when  onoe 
£xaed,  retained  &ir  hold  m  the  ariatociatic 
fe^Bgs  of  the  people;  (HQller,  DoriamSj  vL  5. 
§  7.)  FiErt,  aa  we  ahoold  natorallj  expect,  there 
vaa  the  ^igeaty  of  the  fieiadide  fiumlies ;  and, 
oaraiected  intk  tlni,  a  certain  pre-eminence  of  the 
HTilean  tribe.  Another  distinction  waa  that  be- 
tveeo  the  i/tmoi  and  ^vo^cioycr,  which,  in  later 
tzBs,  ^ipeaia  to  have  been  considerable.  The 
k£ta^  fioBi  probably  ooraprehended  thooe  citiiens 
v^froa  d^eneracy  of  mannen  or  other  canses, 
had  anderaone  smne  kind  of  ciTfl  degradation.  To 
tkae  the  ^totei  wen  oppoaed,  altbongh  it  is  not 
oermin  in  what  the  predae  difference  consisted.  It 
B^  lardly  be  added,  that  at  Sparta,  as  elsewhere, 
the  vaon  oif  wealth  with  birth  always  gave  a  sort 
of  ad»aititioia  rsnk  to  its  possessor. 

All  the  SfMolan  citiaena  were  inclttded  in  the 
t&RC  tribea,  HyHeans,  Dymanes  or  Dyrnanatae, 
aod  PsBiphilians,  each  of  which  were  divided  into 
Dbq  obes  or  plizatriea.  Under  these  obea  there  must 
mdnabtedl  J  hare  been  contained  some  lesser  sub- 
diTsion,  which  Muller,  with  great  probability, 
^|ipafes  to  fanTebeen  termed  rpuueds.  The  citisens 
of  Sparta,  aa  of  most  oligarchical  states,  were  land- 
ovners,  aJthongh  this  docs  not  seem  to  have  been 
koked  upon  as  an  essential  of  citisenship. 

It  woold  exoeed  the  limits  of  this  work  to  give 
aa  sceoent  of  the  Grecian  constitutions,  except  ao 
ht  as  may  illostiate  the  rights  of  citizenship. 
What  pjaieiaions  in  the  form  of  y)verimient,  ac- 
erdaig  to  Greek  ideas,  were  sofficient  to  destroy 
the  eaen^  notioii  of  a  citizen,  is  a  question 
vbich,  following  Aristotle^  example  (Pol.  iii.  5), 
»«  m&j  be  content  to  leave  nndecided.  He  who, 
brfsji  personally  free,  enjoyed  the  fnllest  political 
pririiegies,  participatel  in  the  assembly  and  courts 
of  jndie^nre,  was  eligible  to  the  highest  offices, 
»d  Teeetred  all  tfau  by  inheritance  nom  his  an- 
asters,  moat  entirely  satisfied  the  idea  which  the 
Greeks  expressed  in  the  wozd  froXlrris,     [B.  J.] 

2.  Roman.  Ciritas  means  the  whole  body  of 
ores,  or  membexa,  of  any  giren  state.  Ciyitates 
are  defined  by  Cicero  {Som».  Sap.  c.  3)  to  be  **  con. 
aliam  coetnsqne  hominmn  jun  sociatL**  A  ciritas 
ia,  therefore,  properiy  a  political  community,  so- 
vereign and  independent  The  word  ciritas  is 
fr«]pBitly  used  by  the  Roman  writers  to  express 
the  eondidon  of  a  Roman  citizen,  as  distinguished 
fpBia  that  of  other  persons  not  Roman  citizens,  as 
in  the  phrases   dm   ehUalem^  donare   cmtate^ 

If  we  attempt  to  distinguish  the  members  of  any 
pTcn  ciTitas  ficom  all  other  people  in  the  world, 
ve  can  only  do  it  by  enumerating  all  the  rights 
and  doties  of  a  member  of  this  dvitas,  which  are 
Dot  rights  and  duties  of  a  person  who  is  not  a 
Bember  of  this  civitas.  If  any  rights  and  duties 
which  belong  to  a  memba  of  this  dvitas,  and  do 


not  bekog  to  any  penon  not  a  member  of  this 
ciritaa,  are  omitted  in  the  eoonevation,  it  is  an 
incomplete  emuneration  ;  for  the  rights  and  duties 
not  expteasly  indnded  mnst  be  assumed  aa  common 
to  the  membeiB  of  this  dvitas  and  to  all  ^  world, 
or,  to  nse  a  Roman  expression,  they  exist  jnre 
{{entiom.  HaTiiw  ennmecated  aU  the  character- 
istics of  the  members  of  any  giren  diitas,  we  have 
then  to  show  how  a  man  acquires  them,  and  hew 
he  loses  them,  and  the  notion  of  a  member  of  soeh 
dvitas  is  then  complete. 

Some  members  of  a  political  community  (cnwa) 
may  have  more  political  rights  than  others ;  a 
principle  by  the  aid  of  which  Savigny  {Cfemskukit 
dm  Rom,  JHocHt  tm  AfaKfaloAsr,  c;  il  n.  22)  has 
expressed  briefly  and  deariy  the  distinction  be> 
tween  the  two  great  chsses  of  Roman  citisens 
under  the  republic :  —  **  In  the  free  republic 
there  were  two  classes  of  Roman  dtisens,  one 
that  had,  and  another  that  had  not,  a  shue  in 
the  sovereign  power  {opHwio  jiirs,  mm  op^mojmro 
eiees).  ThU  which  peculiariy  distinguished  the 
higher  dass  was  the  right  to  vote  in  a  tribe,  and 
the  oapadty  of  enjoying  nuwistrades  (aqfytn/iMa 
H  AoMMvt).**  According  to  this  view,  the  jus  dvi- 
tatu  comprehended  part  of  that  which  the  Romans 
called  jus  publicum,  and  also,  and  most  pardculariy, 
that  whidi  they  called  jus  privatum.  The  jus 
privatum  comprehended  the  jus  coimubii  and  jus 
commerdi,  and  those  who  had  not  these  had  no 
dtizenship.  Those  who  had  the  jus  sufingiorum 
and  jus  honorom  had  the  complete  dtizenship,  or, 
in  oUier  words,  they  were  optimo  jure  dves.  Those 
who  had  the  privatum,  but  not  the  publicum  jus, 
were  citizens,  though  citizens  of  an  inferior  class. 
The  jus  privatum  seems  to  be  equivalent  to  the 
jus  Quiritium,  and  the  dvitas  Romana  to  the  jus 
publicum.  Accordingly,  we  sometimes  find  the 
jus  Quiritium  contrasted  with  the  Romana  dvitas. 
(Plin.  JE^.  X.  4.  22 ;  Ulp.  Frag,  tit  3.  §  2.)  Livy 
(xxxviiL  36)  says  that  until  n.  &  188,  the  Fonniani, 
Fundani,  and  Arpinates,  had  the  civitas  without 
the  suffiragium  ;  and,  at  an  earlier  time,  the  people 
of  Anagnia  received  the  **  Civitas  sine  suffiagii  1&- 
tione.**     (Liv.  ix.  43.) 

Ulpian  {Frag,  tit  5.  |  4  ;  19.  g  4  ;  20.  §  8  ; 
11.  §  6)  has  stated  a  distinction,  as  existing  in  his 
time  among  the  free  pexsons  who  were  within  the 
political  limits  of  the  Roman  state,  which  it  ii  of 
great  importance  to  apprehend  deariy.  There  were 
three  classes  of  free  persons.  Gives,  Latini,  and 
Peregrini.  Gains  (I  12)  points  to  the  same  divi- 
non,  where  he  says  that  a  slave,  when  made  free, 
might  become  a  Civis  Romanus,  or  a  Latinus,  or 
might  be  in  the  number  of  the  peregrini  dediticii, 
according  to  circumstances,  a'oi*^  according  to 
Ulpian,  is  he  who  possesses  the  complete  rights  of 
a  Roman  dtizen.  The  PereffHmu  had  not  com- 
mercium  and  oonnubium,  which  were  the  charac- 
teristic rights  o{  a  Roman  dtizen,  not  viewed  in 
his  politiod  capadty ;  but  the  Peregrinus  had  a 
capadty  for  makmg  aJl  kinds  of  contracts  which 
were  allowable  by  the  jus  gentium.  The  Latimu 
was  in  an  intermediate  state  ;  he  had  not  the  con- 
nubium,  and  consequently  he  had  not  the  patria 
potestas  nor  rights  of  agnatic  ;  but  he  had  the 
commercium  or  the  right  of  acquiring  quiritarian 
ownership,  and  he  had  also  a  capadty  for  all  acts 
inddent  to  quiritarian  ownership,  as  vindicatio,  in 
jure  cessio,  mancipatio,  and  testamenti  fiictio,  which 
last  comprises  the  power  of  making  a  will  in  Roman 
u  2 


292 


CIVITAS. 


fbnn,  of  beooming  heres  or  legatee  under  a  will, 
and  of  being  a  witness  to  a  "Unli ;  also  he  could 
contract  many  obligationes  which  a  Peregrinus 
could  not  These  were  the  general  capacities  of  a 
Latinus  and  pere^;rinus  ;  but  a  Latinus  or  a  pere- 
grinus might  obtam  by  special  fitvour  certain  lights 
which  he  ha^  not  by  Tirtue  of  his  condition  <mly. 
The  legitima  hereditas  was  not  included  in  the 
testamenti  fiictio  ;  for  the  legitima  hexeditas  pre- 
supposed agnatio,  and  agnatic  presuf^Msed  oonnu- 
bium,  or  the  capacity  to  contract  a  Rctnan  marriage. 

According  to  Sarigny,  the  notion  of  ciyis  and 
ciritas  had  its  origin  in  the  union  of  the  patricii 
and  the  plebes  as  one  estate.  The  peregrinitas,  in 
the  sense  above  stated,  originated  in  the  conquest 
of  a  state  by  the  Romiuis,  when  the  conquered 
state  did  not  obtain  the  civitas ;  and  he  conjectures 
that  the  notion  of  peregrinitas  was  applied  originally 
to  all  citizens  of  foreign  states  who  had  a  fiiedus 
with  Rome. 

The  civitas  then,  historically  viewed,  was  in 
brief  as  follows : — Originally,  the  Romans  divided 
all  persons  into  Gives  and  Per^^i :  the  cives,  con- 
sidered as  non-political  persons  and  simply  as  indi- 
viduals, had  connubium  and  commercinm ;  the 
peregrini  had  neither.  But  this  merely  negative 
description  of  a  peregrinus  would  apply  also  to 
slaves,  and  to  the  members  of  states  with  which 
Rome  never  had  an^  connection,  and  consequently 
it  is  requisite  to  give  to  the  notion  of  peregrinus 
something  of  a  positive  character  in  oi^er  to  de- 
termine what  it  is.  A  peregrinus  then  was  one 
who  had  no  legal  capacity  according  to  the  jus 
civile  Romanorum,  but  had  a  capacity  of  acquiring 
rights  according  to  the  jus  gentium,  which  rights 
the  Roman  courts  of  justice  acknowledged.  The 
following  persons  then  would  be  included  under 
Peregrini :  1.  Before  the  time  of  Antoninus  Cara- 
calla,  the  inhabitants  of  almost  all  the  Roman 
provinces.  2.  The  dticens  of  foreign  states  which 
were  in  friendly  relation  with  Rome.  B,  Romans 
who  had  lost  Uie  civitas  in  consequence  of  some 
legal  penalty,  as  deportatio.  (Dig.  48.  tit  19.  s. 
1 7.  §  1.)  4.  Libertini,  who  were  dediticiorum 
numero.    (Ulpian,  Frag,  tit  20.  §  14.) 

The  later  division  of  persons  was  this  —  Cives, 
Latini,  and  Peregrini  The  condition  of  cives  and 
peregrini  was  unchanged ;  but  a  third  clas^  that 
of  Latini,  was  formed,  who  had  a  limited  civitas, 
which  consisted  in  having  commercium  without 
connubium.  By  possessing  commercium  they  ap* 
proached  to  the  class  of  cives ;  by  not  having  con- 
nubium they  approached  the  class  of  peregrini 
Yet  persons  who  belonged  to  the  class  of  Latini  or 
Peregrini  might,  by  giant,  receive  a  higher  legal 
capacity  than  that  which  belonged  to  persons  of 
this  class.     (Ulpian,  Frag,  tit  5.  §  4,  19.  §  4.) 

Thus  then  there  were  at  one  time  in  the  Roman 
state  only  two  classes  of  persons  with  different 
legal  capacities — Cives  and  Peregrini.  At  another 
and  a  kter  time  there  were  three  classes  —  Civea, 
Latini,  and  PeregrinL  It  remains  to  explain  when 
llie  third  class,  Latini,  was  established,  and  what 
persons  were  included  in  the  term  Peregrini  at  the 
two  several  times. 

Before  the  Social  war  &  o.  90,  the  Romans  had 
acquired  the  dommion  of  all  Italy,  and  the  state 
then  comprehended  the  following  persons :  — 
1.  Cives  Ilomani,  that  is,  the  inhabitants  of  Rome, 
the  citizens  of  the  coloniae  civium,and  the  citizens 
of  the  municipia  without  respect  to  their  origin. 


CIVITAS. 

2.  Latini,  that  is,  the  citisens  of  the  old  Lstm' 
towns,  except  those  which  were  raised  to  the  nuik 
of  municipia  ;  the  term  Latini  also  included  the 
numerous  Coloniae  Latinae.  S.  Sodi,  that  ]%,  the 
free  inhabitants  of  Italy,  who  were  not  included 
in  1  or  2.  4.  Provincialea,  or  the  free  subjects  of 
Rome  beyond  the  limits  of  Italy.  But  time  fimr 
descriptions  of  persons  were  all  comprehended  nndtf 
Cives  and  Peregrini  ;  for  the  term  peregrini  com- 
{oehended  numbers  2,  3,  and  4. 

After  the  Social  war,  and  in  a  c.  90,  by  a  lex 
Julia  the  Roman  citixenship  was  extended  to  all 
Italy,  properly  so  called,  and  even  to  Qallia  CU- 
padana.  The  consequence  of  thu  change  was  tkit 
the  Socii  and  Latini  were  merged  in  the  daas  of 
cives  Romani,  and  there  remained  only  cives  and 
provincialea,  but  the  provinciales  were  still  pere- 
griuL  It  was  at  thu  time  apparently  that  the 
class  of  Latini  was  established,  which  did  not,  at 
formeriy,  denote  a  people,  but  an  artificial  daa  of 
persons  with  a  particular  1ml  capacity.  Thii 
legal  capacity  or  half  citizenuiip,  as  alieady  ex- 
plained, consisted  in  the  possession  of  the  Com- 
mercium without  the  Connubium.  One  object  of 
forming  this  new  class  was  apparently  to  prepare  & 
gradual  transition  to  the  full  civitas  for  inch  peie- 
grini  as  the  state  might  wish  to  &vour.  The  g)d- 
dition  of  the  class  of  Latini  was  expressed  by  the 
term  Latinitas  or  Jus  LatiL     £Latinita6.] 

From  this  time  there  existed  the  three  dasaea, 
described  by  Oaius  and  Ulpian — Cives,  Latini,  and 
Peregrini :  dves  with  commercium  and  connnbimn, 
Latini  with  commercium  only,  and  poegrini  with- 
out either.  Only  the  cives  had  the  political  rights, 
the  suffingium  and  honores.  The  names  of  the 
three  classes  existed  to  the  time  of  Jmtiminl 
legislation. 

The  rights  of  a  Roman  citizen  were  acquired  m 
several  ways,  but  most  commonly  by  a  peison 
beii^  bom  of  parents  who  were  Roman  citizens. 
A  Roman  pater  fisunilias,  filius  fRT"Tl'"i  mater 
fiunilias,  and  filia  fiunilias  were  all  ciTea,  though 
the  first  only  was  sul  juris  and  the  rest  were  sot 
If  a  Roman  citizen  married  a  lAtina  or  a  pere- 
grina,  believing  her  to  be  a  Roman  citizen,  and 
begot  a  child,  this  child  was  not  in  the  power  of 
his  father,  because  he  was  not  a  Roman  dtizes, 
but  the  child  was  either  a  Latinus  or  a  peregrinm 
according  to  the  condition  of  his  mother ;  and  no 
child  followed  the  condition  of  his  father  without 
there  was  connubium  between  his  father  and 
mother.  By  a  senatus-consultnm,  the  parents  were 
allowed  to  prove  their  mistake  (cauaam  emris 
probare) ;  and,  on  this  being  done,  both  the  mother 
and  the  child  became  Roman  citizens,  and,  as  a 
consequence,  the  son  was  in  the  power  of  the 
fiither.  (Gains,  i.  67.)  Other  cases  relating  to  the 
matter  called  causae  probatio  are  stated  hy  Gains 
(i.  29,  &c  ;  i.  66,  Ac.),  from  which  it  api>eaw  that 
the  fiM:ilities  for  obtaining  the  Roman  cititaa  were 
gradually  extended.  (&e  also  Ulp.  Frag,  tit  i 
De  Latinis.) 

A  shve  might  obtain  the  civitas  by  manumis- 
sion (vindicta),  by  the  census,  and  by  a  testa- 
mentum,  if  there  was  no  legal  impediment ;  but  it 
depended  on  circumstances,  as  aheady  stated, 
whether  he  beoune  a  Civis  Romanoa,  a  Latinus, 
or  in  the  number  of  the  peregrini  dediticu. 
[Manumissio.] 

Under  the  republic  and  before  the  Social  vzx,  the 
civitas  could,  of  course,  be  confened  by  a  lex,  and 


C1VITA8. 
apn  nd  tcBSt  ai  the  lex  dceUuvd.  (Llr.  tI  4 ; 
nd  in  tke  cue  of  tlie  FereDtmatea,  LiT.  xzzrr.  42; 
Cioera,  pro  BMoy  13.)  Tke  Julia  lex,  b.  c.  90, 
was  a  oamprdienHTe  mearare.  Cicero,  howerer 
{pro  BaSko^  e.  8X  remaiks  that  manj  of  the  people 
of  Hefadem  and  Neapolis  made  aome  oppoaition  to 
aceepdng  the  terms  offered  by  the  lex,  and  would 
baye  |ifefened  their  former  relation  to  Rome  aa 
dntatea  Ibedeiatae  (Jbederia  am  libertatam)  to  the 
Roaan  dvitaab  The  lex  gave  the  Roman  civitaa 
aoc  obIj  to  the  natiTea  of  the  Italian  towna,  but 
abo  to  natrrea  of  towna  oat  of  Italy,  who  had  be- 
cone  ddaesa  ci  Italian  towna  before  the  lex  waa 
csaaed.  Thna  L.  Manliua  (Cic.  ad  Fam.  xiii.  30), 
a  aadve  of  Cadna,  in  Sicily,  obtained  the  Roman 
ciritaa  hy  Tirtoe  of  haying  been  enrolled  aa  a  citizen 
of  Neapolia  {arai  aam  ta  id  mmmcqtiuM  adaerip' 
1mm)  bdEofe  the  paadng  of  the  lex.  The  lex 
Pbotia  Papiiia,  which  waa  propoaed  by  the  tri- 
boaa  M.  Pbntina  Sil^anna  and  C.  Papiriua  Carbo, 
iL  c:  89,  contained  a  proviaion  that  persona,  who 
had  beea  enn^led  aa  citizena  of  the  foedeiatae 
dritBteB,  and  who  had  a  domicfle  in  Italy  at  the 
tiae  when  the  law  waa  paaaed,  should  hare  the 
Roiaaa  dritaa,  if  they  gave  in  their  namea  to  the 
praetor  within  aixty  days  {apud  praetortm  essent 
f^^eaiy  Gc  pro  Arekia,  c  4).  Archiaa  claimed 
tbe  boiefit  of  thia  lex  aa  having  been  enrolled  a 
citiua  of  Heradea,  and  having  in  the  other  re- 
spects complied  with  the  lex.  The  caae  of  L. 
Maalina  appears  to  show  that  the  lex  Julia  applied 
to  peraons  not  natirea  of  an  Italian  town  if  they 
bad  become  dtizena  of  such  town  before  the  paas- 
ii^  of  the  lex  ;  and  it  ia  not  clear  what  was  the 
^reaa&  dt^ett  of  the  lex  Plantia  Papiria,  whether 
marlj  to  explain  or  to  limit  the  operation  of  the 
Julia  lex.  If  the  Julia  lex  merely  declared  that 
tkose  who  were  adtcripH  in  the  Italian  towns 
be&ie  the  paaaing  of  the  lex  should  acquire  the 
RocBBn  dvitaa,  it  wonld  be  necessary  to  provide 
sRse  security  against  fiaudulent  registrations  which 
might  be  made  after  the  passing  of  the  lex, 
aod  tkia  woald  be  effected  by  requiring  adscripti 
to  give  in  their  names  at  Rome  within  the  sixty 
daji. 

With  the  establishment  of  the  imperial  power. 
The  pi^tical  righta  of  Roman  citizens  became  in- 
Bga^kant,  and  the  commercinm  and  the  oonnu- 
bnaa  were  the  only  parta  of  the  dvitaa  that  were 
^^laaUe.  The  conatitntion  of  Antoninua  Caracalla, 
vh^  g^;ve  the  dvitaa  to  all  the  Roman  world,  ap- 
^ied  only  to  communitiea  and  not  to  individuals  ; 
its  effect  waa  to  make  all  the  dtiea  in  the  empire 
Bunidpia,  and  all  Latini  into  dvea.  The  distinc- 
t»D  of  dvea  and  Latini,  from  thia  time  forward, 
<nlj  applied  to  individuala,  namely,  to  freedmen 
■ad  their  children.  The  peregrinitaa  in  like  man- 
ner ceased  to  be  applicable  to  communities,  and 
wlv  existed  in  the  dediticii  aa  a  daaa  of  individuals. 
Tbe  legislation  of  Justinian  finally  put  an  end  to 
vhat  xesiained  of  thia  andent  diviaion  into  classes, 
sad  the  only  division  of  persona  waa  into  subjecta 
of  the  Caeaar  and  akvea. 

The  wwd  dvitaa  ia  often  xiaiti.  by  the  Roman 
^Titers  to  expreaa  any  political  community,  as 
Ciritaa  Antiochiensiom,  &e. 

(SaTigny,24»faob^,  &c.  vol  v.,  Ueberdie  Enlste- 
^j^da-LatimUU;  vol  ix.,/)er  AomucAa  VoUu- 
«=«■«  der  Tofd  von  HeraUea;  vol.  xi.,  NadOr'dge 
3xfntkmtnAfheUm:  and  Savigny,^|fa(0m  de$  hew- 
%aiZSBiaHfteaA0eMs^ToLiip.23»&c.    [G.  L.] 


CLAVUS  LATUS., 


293 


CLANDESTI'NA  POSSE'SSIO.     [iNrmB- 

DICTUM.] 

CLARIGA'TIO.    [FariALaa.] 

CLASSES.     [CoMiTiA.] 

CLASSIAHIL    [ExxRciTUS.] 

CLA'SSICUM.     [CoRNu.J 

CLATHRI.     [DoMUS.] 

CLAVIS.    [Janua.] 

CLAUSTRUM.    [Jahua.] 

CLAVUS  ANNA'LIS.  In  the  eariy  ages  of 
Rome,  when  letters  were  yet  scarcely  in  use,  the 
Romans  kept  a  reckoning  of  their  years  by  driving 
a  nail  (c/oom),  on  the  ides  of  each  September,  into 
the  side  wall  of  the  temple  of  Jupiter  Optimua 
Maximns,  which  ceremony  was  performed  by  the 
consul  or  a  dictator.  (Festus,  t.  v.  Oav,  AnnaL; 
Liv.  viL  3,  viii.  18,  ix.  28  ;  Cic.  ad  AtL  v.  15.) 

CLAVUS  GUBERNA'CULI.     [Navis.] 

CLAVUS  LATUS,  CLAVUS  ANGUSTUS. 
The  meaning  of  these  words  has  given  rise  to 
much  dispute  ;  but  it  is  now  established  beyond 
doubt  that  the  davu$  kduM  was  a  broad  porpla 
band,  extending  perpendicularly  from  the  neck 
down  the  centre  of  the  tunica,  and  that  the  davut 
anguttua  consisted  of  two  narrow  purple  slips,  run- 
ning parallel  to  each  other  from  the  top  to  the 
bottom  of  the  tunic,  one  from  each  shoulder.  Hence 
we  find  the  tunic  called  the  hudoa  UUidama  and 
angusticiama.  These  purple  stripes  were  woven 
into  the  tunic  (Plin.  H.  N.  viii.  48) ;  and  this  cir- 
cumstance accounts  for  the  fiict  that  the  clavus  is 
never  represented  in  works  of  sculpture.  It  only 
occurs  in  paintings,  and  those  too  of  a  very  late 
period.  The  davus  lotus  is  represented  in  the  an- 
nexed cut,  which  is  copied  from  a  painting  of 


Rome  personified,  formerly  belonging  to  the  Bar- 
berini  ramily.  The  clavus  angustusu  seen  m  the 
three  figurea  introduced  below,  all  of  which  are 
taken  from  sepulchral  paintings  executed  subse- 
quently to  the  introduction  of  Christianity  at 
Rome.  The  female  figure  on  the  left  hand,  which 
is  copied  from  Buonarotti  (Osservaxhrd  sopra 
aleuni  FrammenH  di  Vast  anHchi  di  Vetro,  tav. 
xxix.  fig.  1),  ^presents  the  goddess  Moneta.  The 
I  one  on  the  right  hand  is  from  a  cemetery  on  the 

I  Via  Salara  Nova,  and  represents  Priscilla,  an  early 
martyr.     The  next  figure  is  selected  from  three  of 
a  similar  kind,  representing  Shadrach,  Meshach^ 
u  3 


294  CLAVUS  LATUa 

and  Abediiego,  from  the  tomb  of  Pope  Callisto  on 

the  Via  Appia. 


The  laiu8  davtu  was  a  distinctive  badge  of  the 
senatorian  order  {laium  demisU  pectore  davum, 
Hor.  Sat.  i.  6.  28 ;  Ovid,  7Vm/.  iv.  10.  35):  and 
hence  it  is  used  to  signify  the  senatorial  dignity 
(Suet.  Tib.  35,  Vesp.  2,  4) ;  and  laiidaviw^  for 
the  person  who  enjoys  it.  (Suet.jii«^.  38.)  In 
distinction  to  the  angustus  clavus,  it  is  termed 
purpura  major  (Juv.  Sat,  i.  106),  purpura  laHor 
(Plin.  //.  AT.  xxxiii.  7) ;  and  the  garment  it  de- 
corated, tunica  potent  (Stat.  Syh.  v.  2.  29).  The 
tunica  laticlavia  was  not  Costoned  round  the  waist 
like  the  common  tunic,  but  left  loose,  in  order  that 
the  clavus  might  lie  flat  and  conspicuously  over 
the  chest     (Quinctil.  xi.  3.  §  138.) 

The  angustut  daoui  was  the  decoration  of  the 
equestrian  order  ;  but  the  right  of  wearing  the 
latus  clavus  was  also  given  to  the  children  of 
equestrians  (Ovid.  TrisL  iv.  10.  29),  at  least  in 
the  time  of  Augustus,  as  a  prelude  to  entering  the 
senate-house.  This,  however,  was  a  matter  of 
personal  indulgence,  and  not  of  individual  right ; 
for  it  was  granted  only  to  persons  of  very  ancient 
fiimily,  and  corresponding  wealth  (Stat  Sylv.  iv.  8. 
59  ;  Dig.  24.  tit  1.  8. 42),  and  then  by  special 
favour  of  the  emperor.  (Suet  Vesp.  2;  Tacit  Ann. 
xvi  17;  Plin.  Epitt.  il  9.)  In  such  cases  the 
latus  clavus  was  assumed  with  the  toga  virilis,  and 
worn  until  the  age  arrived  at  whioi  the  young 
equestrian  was  admissible  into  the  senate,  when  it 
was  relinquished  and  the  angustus  Aavus  resumed, 
if  a  disinclination  on  his  part,  or  any  other  circum- 
stances, prevented  him  from  entering  the  senate,  as 
was  the  case  with  Ovid  (compare  TrisL  iv.  10.  27, 


CLIENa 

with  85).  Bat  it  seems  that  the  latus  davns  eoril 
be  again  resumed  if  the  same  individnal  sobse- 
quently  wished  to  become  a  senator  (Hor.  Sat.  L  6. 
25),  and  hence  a  fickle  character  is  designated  si 
one  who  is  always  changing  his  davos  (Hoc.  SaL 
u.  7.  10). 

The  latus  ckvns  is  said  to  have  been  introdnnd 
at  Rome  by  Tullus  Hostilioa,  and  to  have  been 
adopted  by  him  after  his  conquest  of  the  Etnucani 
(Pbn.  H.  N.  ix.  63)  ;  nor  does  it  appear  to  hsTe 
been  confined  to  any  particular  dass  dniing  the 
earlier  periods,  but  to  have  been  woni  by  all  laolu 

Eromiscuously*     (Plin.  H.  N.  zzxiii.  7.)    It  «u 
dd  aside  in  public  mourning.    (Liv.  ix.  7.)  [A.  R.] 

CLEPSYDRA.    [Horologium.] 

CLERU'CHI  {icKiipovxoi),    [Colonll] 

CLERUS  (icX^poi).    [HBU8.] 

CLETE'RES  or  CLETORES  (jcXuriyo  or 
KXifToptsy,  summoners.  The  Athenian  sumnioiKn 
were  not  official  persons,  but  merely  witnenes  to 
the  prosecutor  that  he  bad  served  the  defendant 
with  a  notice  of  the  action  brought  agaiost  him, 
and  the  day  upon  which  it  would  be  requiaite  for 
him  to  appear  before  the  proper  magistiate^  in  order 
that  the  first  examination  of  the  case  miight  com- 
mence. (Harpocrat)  In  Aristophanes  {Nab.  1246, 
Vesp.  1408)  we  read  of  one  snmmoner  only  being 
employed,  but  two  are  generally  mentioned  bv  the 
orators  as  the  usual  number.  (Dem.  e.  NietnL 
p.  1251.  5,  pro  Oorom.  244.  4,  e.  Boeot.  p.  1017. 
6.)  The  names  of  the  summoners  were  nibscnbed 
to  the  declaration  or  biU  of  the  prosecator,  and 
were,  of  course,  essential  to  the  ralidity  of  all  pro- 
ceedings founded  upon  it  What  has  been  hitherto 
stated  applies  in  genersl  to  all  causes,  whether  tlxoi 
or  ypapcu :  but  in  some  which  commenced  vith  an 
information  kiid  before  magistiatc«,  and  an  aireft  of 
the  accused  in  consequence  (as  in  the  esse  of  an 
ty^ti^is  or  c2(ra77cA(a),  there  would  be  no  oocsaioQ 
for  a  smnmons,  nor,  of  course,  witoesses  to  its  ser- 
vice. In  the  thBiyai  and  Sojci/ioirtai  alfio»  vhen 
held  at  the  regular  times,  no  summons  was  iiioei 
as  the  persons  whose  character  might  be  affected 
by  an  accusation  were  necessarily  present,  or  pre- 
sumed to  be  so  ;  but  if  the  prosecutor  had  let  the 
proper  day  pass,  and  proposed  to  hold  a  ipecial 
fbeinrri  at  any  other  time  during  the  year  in  which 
the  defendant  was  liable  to  be  called  to  aocoont  for 
his  conduct  in  office  (6ir6^flwoj),  the  sgency  of 
summoners  was  as  requisite  as  in  any  other  case. 
Of  the  ZoKiyucurlw,  that  of  the  orators  alone  had  no 
fixed  time  ;  but  the  first  step  in  the  cause  wai  not 
the  usual  legal  smnmons  (wp^fcAi|0'»),  hat  an 
announcement  from  the  prosecutor  to  the  accused 
in  the  assembly  of  the  people.  (Meier,  AtL  Pro- 
cess, pp.  212,  575.)  In  the  event  of  penons  sub- 
scribing themselves  fiilsely  as  summonen,  tbej 
exposed  themselves  to  an  action  (t^wioKk^*^) 
at  the  suit  of  the  party  aggrieved.       [J-  &  HJ 

CLIBANA'RII.     [Cataphbactl] 

CLIENS  is  supposed  to  contain  the  isme  ele- 
ment as  the  verb  olierey  to  **  hear"or*|obev,''and 
is  accordingly  compared  by  Niebuhr  with  the  tier- 
man  word  boeriger,  **  a  dependant"  . 

In  the  time  of  Cicero,  we  find  patnmnim  tfie 
sense  of  adviser,  advocate,  or  defender,  opposed  to 
diens  in  the  sense  of  the  person  defended,  or  tbe 
consultor ;  and  this  use  ot  the  word  must  be  n- 
ferred,  as  we  shall  see,  to  the  originsl  chsisctcf  ot 
the  petronus.  (Ovid.  ArtAm.lB8i  Hor.  SaL^ 
1.  10,  Ep.  1 5.  31,  iL  1.  104.)    The  ielsti«  «f » 


CLIEN& 
laaBtsr  toliii  libcnted  daye  {Ubertms)  wat  aho  ex- 
|a«Me4  bj  die  word  ptttanMn,  and  the  lihectuB  wat 
ike  clieiii  «f  his  patamua.  An  j  Roman  citixen 
who  wanted  a  protecUw,  might  attach  himaelf  to  a 
lainau,  and  weuid  thenceforward  be  a  diena. 
Saacgcn  who  came  into  exiliom  at  Rome  might 
do  the  arae  (jat  t/ppUealiamt,  Cie.  de  Or.  L  39). 
DiaUtgaiahed  Romana  were  ahw  aometimeB  the 
intiaai  of  atatea  and  citiea,  which  were  in  a  eer- 
tain  xefataan  of  snbjectioa  or  friendahip  to  Rome 
(Sneton.  Oetmiam,  Caetar^  17)  ;  and  in  thia  re- 
aped thej  maj  be  compared  to  colonial  agenta,  or 
penons  azBotng  na,  who  are  employed  to  look  after 
the  Botereata  of  the  colony  in  the  mother  coontry  ; 
exeegt  that  among  the  Rooana  anch  aerncea  were 
nerer  lemanerated  Erectly,  though  there  might  be 
an  iadiTBCi  Rnmncistion.  (Cic.  Dw.  20,  Pro 
SiOa^  c.  21  :  Tacit.  Or.  36.)  Thia  leUtionahip 
between  pntnoaa  and  diena  waa  expreaaed  by  the 
w«d  Oitmlulm  {dc  ad  AU.  m.  12),  which  alao 
expremed  the  whole  body  of  a  manli  dienta. 
(TacsL  Amu  xIt.  61.)  In  the  Greek  writeri  on 
Roman  hiatocy,  patnmoa  ia  repreaented  by  wpoord- 
r^:  and  dient,  by  vcAcfinjt.  (Plut  Tib.  Cfraock. 
iS,  MarimM,  5.) 

The  dientela,  Vnt  in  a  different  fonn,  eziated  aa 
hr  Imk.  aa  the  reeorda  or  traditiona  of  Roman 
history  extend  ;  and  the  following  ia  a  brief  notice 
cf  ita  origin  and  character,  aa  stated  by  Dionysiua 
(Aj^  Mmm,  ii  9),  in  whkh  the  writerls  tenna 
are  kept:  — 

Roaanhia  gave  to  the  ^brarpitai  the  cue  of  xe- 
Mzion,  the  hooocea  (ipx€iy%  the  admimstiation  of 
juitioe,  and  the  admmistnUion  of  the  ainte.  The 
hyuTuni  (whom  in  the  preceding  chapter  he  haa 
ezplanied  to  be  the  wAjfiScioi)  had  none  of  theae 
prinlegea,  and  they  were  alao  poor;  hosbandiy 
%&d  the  aeceaaarj  arta  of  life  were  their  occapation. 
Reooiaa  thna  entmated  the  hi/junucol  to  the  aafe 
keeping  of  the  wwrpurioi  (who  are  the  cWorp^doi), 
and  penaitted  each  of  them  to  chooae  his  patron, 
raisiriatinnahip  betlfreen  the  patron  and  the  client 
vas  cdfed,  aaya  Dionyaina,  patronia.  (Ompare 
Cic  i2epi  ii  9.) 

The  refaUiTe  righta  and  datiea  of  the  patrons  and 
the  dienta  weie^  aocardbog  to  Dionyaina,  aa  follow 
(Dionyk  xL  10,  and  other  paasagea) :  — 

The  patroD  waa  the  l^al  adTiaer  of  the  diena  ; 
he  was  the  dient*a  gnardian  and  protector,  aa  he 
was  the  gnardian  and  protector  of  his  own  childien  ; 
be  ioahitained  the  dientls  suit  when  he  waa  wronged, 
acd  defended  him  when  another  complained  of 
leiag  wnmged  by  him:  in  a  word,  the  patron  waa 
tke  gnardian  of  the  clients  internt,  both  prirate 
and  psblic.  The  client  contributed  to  the  marriage 
portion  of  the  patron^  daughter,  if  the  patron  was 
poor ;  and  to  his  lanaom,  or  that  of  hia  children,  if 
tiiey  were  taken  jprisoners ;  he  paid  the  coats  and 
(laanagea  of  a  aoit  which  the  patron  loat,  and  of 
u>7  penalty  in  which  he  waa  condemned ;  he  bore 
a  part  of  the  natron^  expenaes  incnired  by  hia  dia- 
cbaqpqg  pofalic  dntiea,  or  filling  the  honoorable 
piaoca  in  the  state.  Neither  party  conld  accuse  Uie 
other,  or  bear  testimony  against  the  other,  or  gi^e 
ha  Tote  a^^unst  the  other.  The  clients  accom- 
pesied  their  patroni  to  war  as  yasaals.  (Bionys.  x. 
43).)  This  sdationship  between  patron  and  client 
nbdated  for  many  generatioos,  and  resembled  in 
all  icapeets  the  relatiooahip  by  blood.  It  waa  a 
wwTtion  that  was  hereditary  ;  the  diena  bore  the 
gea^  name  of  the  patronna,  and  he  and  hia  de- 


CLIENS.  295 

acendanta  were  thus  connected  with  the  gem  of  the 
natronua  It  was  the  glory  of  iUustrious  families  to 
have  many  dienta,  and  to  add  to  the  number 
transmitted  to  them  by  their  aneeatora  But  the 
dienta  were  not  limited  to  the  h^ttrunt:  the 
ooloniea,  and  the  atatea  connected  with  Rome  by 
alliauee  and  friendahip,  and  the  conqneied  states, 
had  their  patrons  at  Rome ;  and  the  aenate  fre- 
quently leterrcd  the  di^ntes  between  such  states 
to  their  patrons,  and  abided  by  their  dedaion. 

Dionyaius  givea  a  toIenUy  mtelligible  statement, 
whether  true  or  folae,  of  the  idation  of  a  patron  and 
client.  What  persona  actually  oompoaedthe  body 
of  dicmts,  or  what  was  the  real  hiatorical  origin  of 
the  dientela,  is  immaterial  for  the  purpoae  of  un- 
derstanding what  it  waa.  It  ia  dear  that  Di»> 
nysins  undentood  the  Roman  state  as  originally 
oonsiating  of  patridi  and  plebeii,  and  he  Ima  said 
that  the  clients  were  the  pleba.  Now  it  appear^ 
from  hia  own  work  and  from  Liry,  that  there  were 
dientea  who  were  not  the  pleba,  or,  in  other  words, 
dientes  and  pleba  were  not  conrertihle  terms.  This 
passage,  tha^  haa  little  hiatorical  value  as  ex- 
plaining the  origin  of  the  dienta.  Still  aomething 
may  be  extracted  from  the  paasage,  though  it  ia 
impoasiUe  to  reconcile  it  altogether  with  all  other 
eridence.  The  dienta  were  not  aerri :  they  had 
jnoperty  of  their  own,  and  freedom  (liberttu).  Con- 
sistently with  what  E^onysius  says,  they  might  be 
Roman  dtixena  in  the  wider  sense  of  the  termdria, 
enjoying  only  the  oommerdum  and  connubinm,  but 
not  the  auffiagium  and  honorea,  which  bdonged  to 
their  patroni.  [Civita&]  It  would  also  be  con- 
sistent with  the  statement  of  Dionysius,  that  there 
were  free  men  in  the  state  who  were  not  patridi, 
and  not  dientes;  but  if  anch  persona  exiated  in 
the  eaiiieat  period  of  the  Roman  state,  they  must 
hare  laboured  under  great  ciril  disabilitiea,  and 
thia  alao  is  not  inconsistent  with  the  testimony  of 
history.  Such  a  body,  if  it  exiated,  must  hare 
been  powerleas  ;  but  such  a  body  miffht  in  rariona 
wa^  increase  in  numben  and  wealth,  and  grow 
up  mto  an  eatate,  such  as  the  pleba  afterwards  waa. 
The  body  of  dientea  might  indude  freedmen,  as  it 
certainly  did :  but  it  seems  an  assumption  of  what 
requires  proo^  to  infor  (aa  Niebuhr  does)  that, 
because  a  patronns  could  put  his  freedman  to  death, 
he  could  do  the  same  to  a  dient ;  for  thia  inToWea 
a  tadt  assumption  that  the  clients  were  originally 
slaves  ;  and  this  may  be  true,  but  it  is  not  known. 
Beudes,  it  cannot  be  true  that  a  patron  had  the 
power  of  life  and  death  over  his  freedman,  who 
had  obtained  the  dritas,  any  more  than  he  had 
over  an  emancipated  aon.  There  is  also  no  proof 
that  the  dienteht  in  which  liberti  stood  was  here- 
ditary like  that  of  the  proper  dienta.  The  body 
of  clientes  might,  consistently  with  all  that  we 
know,  contain  peregrini,  who  had  no  pririleges  at 
all ;  and  itmignt  contain  that  tflass  of  persons  who 
had  the  oommerdum  only,  if  the  commerdnm  ex- 
isted in  the  early  agea  of  the  state.  [Ci7ita8.] 
The  latter  daai  of  persona  would  require  a  patranua 
to  whom  they  might  attach  themadves  for  the  pro- 
tection of  their  property,  and  who  might  sue  and 
defend  them  in  all  suits,  on  account  of  the  (here 
assumed)  inability  of  such  persons  to  sue  in  their 
own  name  in  the  eariy  ages  of  Rome. 

The  relation  of  the  patronns  to  the  diens,  aa  re- 
presented by  Dionysius,  has  an  analoffy  to  the 
patria  potestas,  and  the  form  of  the  wora  patranua 
IS  consistent  with  this. 

V  4 


296 


CLIEN& 


It  »  itated  by  Niebohr,  that  *'  if  a  client  died 
withoat  heirs,  his  patron  inherited  ;  and  this  law 
extended  to  the  case  of  freedmen  ;  the  power  of 
the  patron  orer  whom  mnst  certainly  hare  been 
founded  originally  on  the  general  patronal  right.  *^ 
This  statement,  if  it  be  ooirect,  would  be  consistent 
with  the  quasi  patria  potestas  of  the  patnmus. 

But  if  a  diens  died  with  heiis,  could  he  make  a 
will  ?  and  if  he  died  taithotU  heirs,  could  he  not 
dispose  of  his  property  by  will  ?  and  if  he  could 
not  make,  or  did  not  make  a  will,  and  had  heirs, 
who  must  they  be?  must  they  be  md  kende$t 
had  he  a  fiunflia,  and  consequently  agnati  ?  had 
he,  in  fiict,  that  connubium,  by  virtue  of  which  he 
could  acquiro  the  patria  potestas  ?  He  might  haTe 
all  this  consistently  with  the  statement  of  Diony- 
siuB,  and  yet  be  a  citixen  mm  optitno  jure  ;  for  be 
had  not  the  honores  and  the  other  distinffuishinff 
privileges  of  the  patricii ;  and  consistently  with 
the  statement  of  Dionysius  he  could  not  vote  in 
the  comitia  cnriata.  It  is  not  possible  to  prove 
that  a  diens  had  all  this,  and  it  seems  equally  im- 
possible, from  existinff  evidence,  to  show  what  his 
rights  really  were.  So  far  as  our  extant  andent 
authorities  show,  the  origin  of  the  clienteU,  and  its 
true  character,  wen  unknown  to  them.  There 
was  a  body  in  the  Roman  state,  at  an  eariy  period 
of  its  existence,  which  was  neither  patrician  nor 
client,  and  a  body  which  once  did  not,  but  ulti- 
mately did,  participate  in  the  sorereign  power: 
this  was  the  plebs.  The  clientes  also  existed  in  the 
earliest  period  of  the  Roman  state,  but  our  know- 
ledge of  the  true  condition  of  this  body  must  re- 
main inexact,  for  the  want  of  suffident  evidence  in 
amount,  and  suffidently  trustworthy. 

It  is  stated  by  Livy  (ii.  56)  that  the  clientes 
had  votes  in  the  comitia  of  the  centuries :  they 
wera  thereforo  registered  in  the  censors*  books, 
and  could  have  quiritarian  ownership.  [Cxntum- 
virl]  They  had  therefore  the  commercium,  pos- 
sibly the  connubium,  and  certainly  the  suf&agium. 
It  may  be  doubted  whether  Dionysius  undexstood 
them  to  have  the  sufiragium  at  the  comitia  centu- 
riata  ;  but  if  such  was  the  legal  condition  of  the 
climtes,  it  is  impossible  that  the  exposition  of  their 
relation  to  the  patricians,  as  given  by  some  modem 
writers,  can  be  altogether  correct. 

It  would  appear,  from  what  has  been  stated, 
that  natronus  and  patricius  were  originally  con- 
vertible terms,  at  least  untO  the  plebs  obtained 
the  honores.  From  that  time,  many  of  the  reasons 
for  a  person  being  a  cliens  of  a  patricius  would 
cease  ;  for  the  plebeians  had  acquired  political  im- 
portance, had  become  acquainted  with  the  law  and 
the  legal  forms,  and  were  foUy  competent  to  advise 
their  clients.  This  change  must  have  contributed 
to  the  destruction  of  the  strict  old  dientela,  and 
was  the  transition  to  the  dientela  of  the  later  ages 
of  the  republic  (Hugo,  Lehbuck^  &c  vol  i.  p.  458.) 

It  has  been  conjectured  (Becker,  Handbudi,  dor 
Romiachm  AUerthumer^  voL  ii.  p.  125)  that  the 
dientela  was  an  old  Italian  institution,  which  ex- 
isted among  some  of  those  people,  out  of  which  the 
Romanns  Populus  arose.  Wnen  Tatius  and  his 
Sabines  settled  in  Rome,  their  dients  settled  there 
with  them  (Dionys.  ii.  46)  ;  and  Attius  Chuisus 
brought  to  Rome  a  laige  body  of  clients.  (Liv.  ii. 
16  ;  Dionys.  t.  40).  It  is  further  conjectured, 
and  it  is  not  improbable^  that  the  clientes  were 
Italians,  who  had  been  conquered  and  reduced  to 
a  state  of  subjection. 


CLIMA.. 

Admitting  a  distinction  between  the  plebs  anj 
the  old  dientes  to  be  fnllj  established,  then  ii 
stiU  room  for  careful  inveatigation  as  to  the  reaj 
condition  of  the  dientea,  and  of  the  oompositiaD  oj 
the  Roman  state  before  the  estate  of  the  plebs  vai 
made  equal  to  that  of  the  patricians.       [O.  L.] 

CLIENTE'LA.    [CLmra.] 

CLIMA  (KXffia),  Uterslly  a  dope  or  tmeUaatkm. 
was  used  in  the  mathematical  geognphy  of  tht 
Greeks*  with  reference  to  the  indination  of  variooi 
parts  of  the  earth^s  sur&oe  to  the  plane  of  tbc 
equator.  Before  the  globular  figure  of  the  eaitii 
was  known,  it  was  supposed  that  there  was  a 
general  dope  of  its  sur£ue  from  aooth  to  nocth, 
and  this  was  called  KKlfta,  But  as  the  science  oJ 
mathematical  geognphy  advanced,  the  word  ns 
applied  to  different  bdts  of  the  earth's  surfiuie, 
which  were  determined  by  the  different  lengths  oJ 
the  longest  day  at  their  lines  of  demarcation. 
This  division  into  dimates  was  applied  only  to 
the  northern  hemisphere,  as  the  geogiaphen  had 
no  practical  knowledge  of  the  earth  south  of  the 
equator. 

Hippurchus  (about  &  c.  160)  seems  to  hive 
been  the  first  who  made  use  of  this  division ;  fail 
system  is  explained  at  length  by  Strobo  (il 
p.  132).  Assuming  the  circomference  of  a  gnat 
cirele  of  the  earth  to  be  252,000  stadia,  HippBitiaa 
divided  this  into  360  degrees,  of  700  stadia  to 
each  ;  and  then,  beginning  at  the  panlld  of  Meroe, 
and  proceeding  northwards,  he  undertook  to  de^ 
scribe  the  astronomical  phenomena  obaerrcdatcacii 
degree  of  latitude,  or  every  700  stadia:  smoog 
these  phenomena,  he  observed  that  the  Icn^  of 
the  longest  day  at  MeroS  was  13  hours,  and  at 
Syene  13^.  The  observations  of  Utter  astronomen 
and  geographers,  such  as  Oeminus,  Stiabo,  Plinr, 
and  Ptdemy,  are  described  in  the  woiki  cited 
below.  The  following  table,  fitim  Ukert,  showi 
the  dimates,  as  given  by  Ptolemy  {Gfeogr.  i  23). 
It  will  be  observnl  that  there  are  nineteen  dimatea, 
the  beginning  and  middle  of  which  are  maikcd  bj 
lines  called  parallels,  of  which  the  first  mariu  the 
equator,  ami  the  thirty-third  the  arctic  cirde.  Tp 
to  this  point,  there  are  sixteen  climates,  of  which 
twelve  are  determined  by  the  increase  of  balf-an- 
hour  in  the  length  of  the  longest  day,  the  13[h 
and  14th  1  hour,  and  the  15th  and  16th  2  hounL 
In  the  remaining  dimates,  within  the  arctic  circle, 
the  days  no  longer  increase  by  houn  bat  hj 
months.  Elsewhere  (Aimag,  il  6)  he  makef 
ten  dimates  north  of  the  equator,  beginning  at  the 
parallel  of  Taprobane  in  lat  4^  15',  and  ending  at 
that  of  Thule,  in  lat  63^  ;  and  one  to  the  sooth, 
beginning  at  the  equator,  or  the  paralld  of  Cape 
Raptum,  and  ending  at  the  paralld  of  Astineroe 
in  kt  160  25'. 

The  term  icXf/tia  was  afterwards  applied  to  the 
average  temperature  of  each  of  these  Rgions,  aod 
hence  our  modem  use  of  the  word.  (Stzab.  Lc; 
Dion.  HaL  L  9  ;  Plut.  Mar.  11,  Aem,  Paul  ^i 
Moral  n.  891  ;  Polyb.  viL  6.  §  1,  x.  1,  I  3; 
Ath.  xiL  p.  523,  e. ;  Oemin.  J^em.  Arinm,  5 ; 
Plin.  H.  N,  ii  70—75,  s.  7*— 77  ;  Agathem.  i  3 ; 
Cellar.  Cfeoa,  I  6 ;  Ukert,  Cfeag,  foL  L  }>L  % 
pp.  182,  Ac)  [P.S.] 


*  The  ooiresponding  Latm  weed  is  mtli'^ 
(Vitruv.  L  1),  also  dtcUnaHo,  ikwrgmHa  (coDp- 
AuL  GdL  xiv.  1  ;  Colum.  iii  19).  Oi^  ^^ 
only  used  at  a  late  period* 


cupBua 

CLIPBUa                         29' 

!— . 

1 
2 

UmgmDaj. 

LaUtudt. 

PMriogtbroiigb                    ' 

I. 

12h.    Om. 
18    15 

4 

0^ 
15 

TaproUne. 

11. 

3 

4 

18    30 
18     45 

8 
18 

85 
SO 

Sinus  Avalites. 
Adule  Sinus. 

IIL 

5 
6 

IS       0 
13     15 

16 
80 

87 
14 

Meroe. 

Napata. 

IV. 

7 
8 

IS     SO 
13     45 

23 
87 

51 
18 

Syena. 

Ptolemais  in  Egypt 

V. 

9 
10 

14      O 

14     15 

30 
33 

8 
18 

Lower  Egypt. 
Middle  of  Phoenicia. 

VL 

11 
12 

14     SO 
14     45 

36 
38 

O 
35 

Rhodus. 
Smyrna. 

TIL 

13 
14 

15       O 
15     15 

40 
43 

56 
41 

Hellespont. 
Masrilia. 

VIII 

15 

16 

15     SO 
15     45 

45 
46 

1 
51 

Middle  of  the  Euxine. 
Sources  of  the  Danube. 

IX. 

17 
18 

16       0 
16     15 

48 
50 

38 

4 

Middle  of  the  Palus  Maeotis. 

^ 

19 
SO 

16    SO 
16     45 

51 
58 

40 
50 

Southern  Britain. 
Mouths  of  the  Elhine. 

1  XL 

21 
88 

17       0 
17     15 

54 

S5    . 

SO 
0 

Mouths  of  the  Tanals. 
The  Brigantes  in  Britain. 

1  XIL 

23 
24 

17     SO 
17     45 

56 
57 

0 
0 

Britanuia  Magna. 
Caturactonium  in  Britain. 

XUL 

85 
86 

18       0 
18     SO 

58 
59 

0 
SO 

South  of  Britannia  Parra. 
Middle  of  ditto 

|XIV. 

87 
88 

19       0 
19     SO 

61 
68 

0 
0 

North  of  ditto 
Ebudes  Insulae. 

XV. 

29 
30 

80       O 
21       0 

63 
64 

0 
SO 

Thule. 

Unknown  Scythian  Tribes. 

,   XVL 

31 
32 

22       0 
83       0 

€5 
66 

SO 
0 

Unknown  Seythian  Tribes. 

XVIL 

S3 
34 

24       0 
1  month  about 

66^  8'  40^' 
670       15' 

xvia 

35 
36 

8        

3         

69 
73 

30 
20 

XIX. 

37 
38 
39 

4         

5        

6        

78 
84 
90 

80 
0 
0 

aiTEUS  (i4nr£s),  the  huge  shield  worn  by 
w£  Gneb  sad  Roaums,  which  was  originally  of  a 
^w  fimn,  aod  it  nid  to  have  been  first  used  by 
"fteind  Acrisas  of  Aigos  (Pans,  ii  26.  §  6), 
»<i  tberefiire  it  csUed  c^^Mcs  i<f9o2id»  (Viz^^ 
^)t  mdlikened  to  the  son.  (Compare  also 
™«  Wrr.o'  ntnp,,  Horn.  K  iiL  347,  r.  453, 
*^««ds<ia4w,  idr.  428  ;  Ynn.DeLu^.  Lai, 
V.  19,  ed.  MGIIer ;  Festas,  s. «.)  According  to 
"^McniBtiihoweTer,  the  Gneka  obtained  the 


shield,  as  well  as  the  helmet,  from  the  Egyptisns 
(Herad.  lY.  180  ;  Plat.  Tm.  p.  24,  b.) 

The  shield  used  by  the  Homeric  heroes  was 
laige  enongh  to  cover  the  whole  man.  It  was 
sometimes  made  of  osien  twisted  together,  called 
hria,  or  of  wood:  the  wood  or  wicker  was  Uien 
covered  over  with  ox  hides  of  seyeral  folds  deep, 
and  finally  bomid  round  the  edge  with  metal. 
(Hom.  IL  ziL  295.)  The  outer  rim  is  termed 
itmfi  {IL  zriii.  479),  Ytvs  (Eur.  Tfwd.  1205), 


298 


CLIPEU8. 


w€fH^4p€ta  or  k^kXos  {II.  xi.  33).  [Anttx.]  In 
the  centre  wai  a  projection  called  hitu^dKos  or 
luffoik^iXtov^  umho^  which  served  aa  a  sort  of 
weapon  by  itself,  or  caused  the  missiles  of  the 
enemy  to  glance  oflf  from  the  shield.  It  is  seen  in 
the  next  woodcat,  from  the  column  of  Trajan.  A 
spike,  or  some  other  prominent  excrescence,  was 
sometimes  placed  upon  the  d/t^^Uof,  which  was 
called  htoiupiKioVt 


In  the  Homeric  times,  the  Greeks  used  a  belt 
to  support  the  shield  ;  but  this  custom  was  subse- 
quently discontinued  in  consequence  of  its  great 
inconvenience  [Baltbus],  and  the  following  me- 
thod was  adopted  in  its  stead:  —  A  band  of 
metal,  wood,  or  leather,  termed  kom^^  was  placed 
across  the  inside  from  rim  to  rim,  like  the  diameter 
of  a  circle,  to  which  were  affixed  a  number  of 


CLIPEU& 

small  iron  bars,  crossing  each  oth»  lomewbat 
the  form  of  the  letter  X,  which  met  the  ann  bek 
the  inner  bend  of  the  elbow  joint,  and  aerved 
steady  the  orb.  This  apparatus,  which  is  said 
have  been  invented  by  the  Carians  (Herod.  LIT! 
was  termed  tx""^^  <v  ^<oani.  Around  the  ins 
edge  ran  a  leather  thonff  (w^^nra^  fixed  by  na 
at  certain  distances,  so  uaX  it  formed  a  aocoeasi' 
of  loops  all  round,  which  the  soldier  grasped  vi 
his  hand  {ift^akinf  v6fnnun  7«Fraiar  X^P"^  ^< 
HeL  1 396)1  The  preceding  woodcut,  wUch  shoi 
the  whole  apparatus,  will  render  this  aocoant  i 
telligible.  It  is  taken  from  one  of  the  teira  cot 
vases  published  by  Tischbein  (voL  iv.  tab.  20). 

At  the  dose  of  a  war  it  was  costomaiy  icr  t] 
Greeks  to  suspend  their  shields  in  the  templi 
when  the  v^pireuccf  were  taken  off^  in  order 
render  them  unserviceable  in  case  of  any  sadden 
popular  outbreak  ;  which  custom  accounts  fiar  tJ 
alarm  of  Demosthenes  in  the  Knights  of  Arisi 
phanes  (859),  when  he  saw  them  hanging  up  vit 
their  handles  on. 

The  iurwls  was  carried  bjr  the  heavy-aimed  mc 
(AwKircu)  during  the  historical  times  of  Greec 
and  is  opposed  to  the  lighter  v4\ni  and  y^^ 
hence  we  find  the  word  iuntls  used  to  signify 
body  of  AvXiToi  (Xen.  Anab,  L  7.  §  10). 

According  to  Livy  (L  43),  when  the  census  ws 
instituted  by  Servius  Tullius,  the  first  class  onl 
used  the  eUpem^  and  the  second  were  armed  wit 
the  KMtmm  [Scutum]  ;  but  after  the  Roman  sol 
dier  received  pay,  the  dUpeiu  was  discondnuei 
altogether  for  the  Sabine  fofimm,  (Li v.  viil  8 
compare  ix.  19  ;  Plut  Rom,  21  ;  Diod.  Ed^, 
xxiii.  3,  who  asserts  that  the  original  form  of  \h 
Roman  shield  was  square,  and  that  it  was  subse 
quently  changed  for  that  of  the  Tyrrhenians,  whic 
was  round.) 


The  pmctice  of  emblaioning  shields  with  varioaj 
devices,  the  origin  of  armoriia  beaiinn,  it  of  coa- 
siderable  antiqui^.  It  is  mentbned  as  early  m 
the  time  of  Aeschylus,  who  represents  the  Mven 
chieft  who  marched  against  Thebes  with  vack 
shields  (Aeschyl  Sept.  e.  TM.  387,  Ac ;  «>n»p. 
Virg.  Am,  viii  658 ;  SiL  ItaL  viil  386).    Tha 


CLOACA. 

mtam  u  iDnaCnted  hj  the  pneeding  LcMitiful 
pern  from  the  tndqne,  in  whicn  the  figure  of  Vie- 
ttfj  ii  repKtoited  inscribiDg  opon  a  dqtetu  the 
nmeormerittefMnie  deoeaeed  hera 

Each  Rflmen  loldier  had  also  hia  own  name  in- 
icnbed  npoo  his  shield,  in  order  that  he  might 
nadilr  find  his  own  when  the  order  was  given  to 
Q^'  UBS  (VcgeL  ii.  17)  ;  and  sometimes  the 
Qsae  of  the  fwnmsnder  under  whom  he  fi>nght 

The  eUpmt  was  also  need  to  regulate  the 
tdspentore  of  the  vapoor  bath.  [Balnmab,  p. 
15^a.]  [A.R.] 

CLITELLAE,  a  pair  of  pannieia,  and  there- 
Use  oohr  nied  in  the  plural  number.  (Hor.  SaL  L 
3.47;  Pkat  Mod.  iiL  2.  91.)  In  Italy  thej 
vm  cmDodj  nsed  with  mules  or  asses,  but  in 
«tka  eoantcies  they  were  also  anplied  to  hones,  of 
ff^sk  aa  imtaBee  is  gi^en  in  the  annexed  wood- 
cot  fioa  the  oohmm  of  Trajan ;  and  Plantus  (Ai 
94)  figoxstivelj  describes  a  man  upon  whose 
iiiaildai  a  load  of  any  kind,  either  moral  or  phy- 
•kai,kdiaiged,asAoaM>o{deaarias.       [A.R.J 


CLOA'CA,  a  ooomioii  sewer.  The  term  cloaca 
s  {oetallj  Qied  in  reference  only  to  those  spadoos 
nbtrtrueous  vaults,  either  of  stone  or  brick, 
t^li  vkich  the  &ol  waters  of  the  city,  as  well 
» all  the  ftresms  brooght  to  Rome  by  the  aqae- 
daeu,  finaQj  diachaiged  themselres  into  the 
Tiaet;  hot  it  slso  includes  within  its  meaning 
uj  BBaller  dxam,  either  wooden  pipes  or  day 
tuba  (Ulpiaa,  Dig.  43.  tit  23.  s.  1),  with  which 
aboit  ervj  hoaae  in  the  dty  was  fiunished  to 
OBJ  off  itt  impurities  into  the  main  conduit. 
^  whole  dty  was  thus  intersected  by  snbter- 
nD»u  piMgea,  and  is  therefore  called  urb$ 
;««a^  in  PUny's  enthusiastic  descriptian  of  the 
<^om  {H.N,xxrfl  15.S.24.) 

'^  Boit  celebrated  of  these  drains  was  the 

cWi  aumo,  the  comstruction  of  which  is  aa> 

cribed  to  Tarquimus  Priscus  (LiT.  L  38 ;  Plin. 

(•c\«)d  which  was  formed  to  cany  off  the 

*ttea  braagfat  down  from  the  adjacent  hills  into 

tlte  Vchhmm  snd  valley  of  the  Forum.     The 

^  of  which  it  is  built  is  a  mark  of  the  great 

*f^^  of  the  work  ;  it  is  not  the  peperino  of 

^  ttd  the  Alhan  hiDs,  which  was  the  oommon 

°^^itOBe  in  the  tine  of  the  commonwealth  ; 

mHiithe*'tii&Utoide**  of  Biocchi^  one  of  the 

yiaox  fennations  which  is  found  in  many  places 

B  UBe,  and  which  was  afterwards  supplanted  in 

plUK  buldjagi  by  the  finer  quali^  of  the  peperino. 

<^»oUi  iRA  Am.  ToL  L  p.  52.)    This  doaca 

^fmed  hj  three arehes,  one  within  the  other, 

^  Dmcmait  of  which  is  a  lemicireQlar  yanlt  of 


CLOACA.  399 

18  Roman  palms,  about  14  £wt  in  diameter,  each 
of  the  hewn  blocks  being  7  k  p«lms  long  and  4^ 
high,  and  joined  together  without  cement  The 
manner  of  construction  is  shown  in  the  annexed 
woodcut,  taken  on  the  spot,  where  a  part  of  it  it 
unooTered  near  the  arch  of  Janus  Quadrifroos. 


The  month  where  it  reaches  the  Tiber,  nearly 
(^posite  to  one  extremity  of  the  tMa/b  TUftsrwa, 
still  remains  in  the  sUte  referred  to  by  Pliny  (L  c). 
It  is  represented  in  the  annexed  woodcut,  with  the 
adjacent  buildings  as  they  still  exist,  the  modem 
fiibrics  only  which  encumber  the  site,  being  left 
out 


The  passages  m  Strabo  and  Plin^  which  state 
that  a  cart  (<Mia^S  9eke$)  loaded  with  hay,  ccmld 
pass  down  ihe  cJoaca  marima,  will  no  longer  ap- 
pear incredible  from  the  dimenuons  given  of  this 
stupendous  wori: ;  but  it  must  still  be  borne  in 
mind  that  the  Tehides  of  the  Romans  were  much 
smaller  than  our  own.  Dion  Casdos  also  states 
(xlix.  48)  that  Agrippa,  when  he  deansed  the 
sewers,  passed  through  them  in  a  boat,  to  which 
Pliny  probably  alludes  in  the  expresdon  nH/i 
nhUar  namgata;  and  their  extraordinary  diroen- 
dons,  as  well  as  that  of  the  embouchures  throngh 
which  the  waters  poured  into  them,  is  still  further 
tertified  by  the  exploits  of  Nou,  who  threw  down 
the  sewers  the  unfortunate  yietims  of  his  nightly 
riots.  (Suet  Nero,  26  ;  compare  Dionys.  x.  53  ; 
Cic.  Pro  SetL  85.) 

The  doaca  mammoj  formed  by  Tanpiin,  ex- 
tended only  from  the  forom  to  the  riyer,  but  was 
sobsequently  eontmned  as  &r  up  as  the  Subura,  of 
which  branch  some  yestiges  were  disooyered  in  the 


800 


KLOPES  DIKE. 


y6ur  1742.  (Venuti,  AnUekUei  di  Roma,  toll 
p.  98 ;  Ficoroni,  Veti^  di  Roma^  ppu  74,  75.) 
This  was  the  crypta  Svburae  to  which  Jurenal 
refen  {Sat.  t.  106.  Comp.  Diet,  ofGr,  and  Rom. 
Chog.  art  Roma.) 

The  expenae  of  deansing  and  repairing  these 
doacae  was,  of  coarse,  rezy  great,  and  was  de- 
frayed partly  by  the  treasury,  and  partly  by  an 
assessment  called  doaoarivm,  (Ulpian,  Dig.  7. 
tit  1.  s.  27.  §  3.)  Under  the  republic,  the  ad- 
ministration of  the  sewers  was  entrusted  to  the 
censors  ;  but  under  the  empire,  particular  oflScers 
were  appointed  for  that  purpose,  doaairutti  cura- 
ioregj  mention  of  whom  is  found  in  inscriptions 
(ap,  Grut,  p.  czcrii.  5,  p.  czcriii.  2,  3,  4,  5  ; 
p.  cclii  1  ;  Ulpian,  Dig.  43.  tit  23.  s.  2).  The 
emperors  employed  condemned  criminals  in  the 
task.     (Plin.  Episl.  x.  41.) 

Rome  was  not  the  only  city  celebrated  for 
works  of  this  kind.  Diodorus  ^xi.  25)  makes 
spedal  mention  of  the  sewers  (myofioi)  of  Agri- 
gentum,  which  were  constructed  about  b.  a  480, 
by  an  architect  named  Phaeax,  after  whom  they 
were  called  ^aif«j.  [A.  R.] 

KLOPES  DIKE'  (#cXo»^f  3M),  the  action  for 
theft  was  brought  in  the  usual  manner  before  a 
diaetetes  or  a  court,  the  hitter  of  which  Meier 
{AtL  Process^  p.  67)  infers  to  have  been  under 
the  presidency  of  the  thesmothetae,  whether  the 
prosecutor  preferred  his  accusation  by  way  of 
ypct^tfi  or  wni.  We  learn  from  the  law  quoted 
by  Demosthenes  (c.  Timoer,  p.  733),  that  the  cri- 
minal upon  conviction  was  obliged  to  pay  twice 
the  value  of  the  theft  to  the  pUintiff  if  the  latter 
recovered  the  specific  thing  stolen  ;  that  failing  of 
this,  he  was  bound  to  reimburse  him  tenfold,  that 
the  court  might  inflict  an  additional  poialty, 
and  that  the  criminal  might  be  confined  in  the 
stocks  (ToSoKdtxm})  five  days  and  as  many  nights. 
In  some  cases,  a  person  that  had  been  robbed  was 
permitted  by  the  Attic  law  to  enter  the  house  in 
which  he  suspected  his  property  was  concealed, 
and  institute  a  search  for  it  (^fmy,  Aristoph. 
NuUa,  497  ;  Plat  De  Leg,  xiL  p.  954)  ;  but  we 
are  not  informed  what  powers  he  was  supplied 
with  to  enforce  this  right  Besides  the  above 
mentioned  action,  a  prosecutor  might  proceed  by 
way  of  7pa^,  and  when  the  delinquent  was  de- 
tected in  the  act,  by  &irayar)r4  or  i^4ryiicis.  To 
these,  however,  a  penalty  of  1000  drachmae  was 
attached  in  case  the  prosecutor  fidled  in  establish- 
ing his  case ;  so  that  a  diffident  plaintiff  would 
ofien  consider  them  as  less  eligible  means  of  ob- 
taining redress.  (Demosth.  o.  Androi,  p.  601.)  In 
the  aggravated  cases  of  stealing  in  the  day  time 
property  of  greater  amount  thui  50  drachmae,  or 
by  night  any  thing  whatsoever  (and  upon  this  oc- 
casion the  owner  was  permitted  to  wound  and 
even  kill  the  depredator  in  his  flight),  the  most 
trifling  article  from  a  gymnasium,  or  any  thing 
worth  10  drachmae  from  the  ports  or  public  baths, 
the  hiw  expressly  directed  an  hxay9eyi\  to  the 
Eleven,  and,  upon  conviction,  the  death  of  the 
offender.  (Demosth.  &  Timocr,  p.  736.  1.)  If  the 
Tpo^  were  adopted,  it  is  probable  that  the  punish- 
ment was  fixed  by  the  court ;  but  both  in  this 
case,  and  in  that  of  conviction  in  a  S/my,  besides 
restitution  of  the  stolen  property,  the  disfran- 
chisement (&r(fiia)  of  the  cnminal  would  be  a 
necessary  incident  of  conviction.  (Meier,  AIL 
JProoeti,^d5S.)  [J.S.M.] 


COCHLEA. 

COA  VESTIS,  the  Coen  doth,  is  mfntioi 
by  various  Latin  authors,  but  most  fiieqaentty  i 
distinctly  by  the  poets  of  the  Angnstan'  a 
(TibulL  ii.  4,  ii  6 ;  Propett.  i  2,  il  1,  iv.  %  iv. 
Hor.  Carm.  iv.  13.  13,  Sat  L  2.  101 ;  Orid, , 
Am,  il  298.)  From  their  expressions  we  le 
that  it  had  a  great  degree  of  transparency,  tha, 
was  remarkably  fine^  that  it  was  chiefly  irocn 
women  of  loose  reputation,  and  that  it  was  m 
times  dyed  purple  and  enriched  with  itripei 
gold.  It  has  been  supposed  to  have  been  iradd 
silk,  because  in  Cos  silk  was  span  and  woren  i 
very  early  period,  so  as  to  obtain  a  high  oelebr 
for  the  manufiEictnres  of  that  island.  (Aristot  // 
Anim.  v.  19.)  In  the  woodcnt  under  Cova, 
female  is  represented  wearing  a  robe  of  tl 
kind.  [J.  Y.] 

COACTOR.  This  name  was  applied  to  c 
lectors  of  various  sorts,  e.  ff.  to  the  senrants  of  t 
publicani,  or  fiumers  of  the  public  taxes,  who  o 
fected  the  revenues  for  them  (Cic.  Pro  Rob.  Pi 
11)  ;  also  to  those  who  coUeeted  the  money  frd 
the  purohasers  of  things  sold  at  a  paUie  anctia 
The  father  of  Horace  was  a  collector  of  the  tax 
fiumed  by  the  publicani  (Hor.  SaL  i  6.  8i 
Suet  Ftt.  Hor,  init)  Moreover;  the  sman 
of  the  money-changers  were  so  called,  from  ct 
lecting  their  debts  fi»  them.  (Cic.  Pn  Cha 
64.)  [R.W.] 

CO'CHLEA  (jcoxAfof),  which  properij  rtm 
a  snail,  was  also  used  to  signify  other  things  d 
spiral  form. 

1.  A  screw.  The  woodcnt  annexed  represcni 
a  clothes-press,  from  a  painting  on  the  wall  of  th 
Chalcidicum  of  Eumachia,  at  Pompeii,  which  i 
worked  by  two  upright  screws  (ooMae)  precieel, 
in  the  same  manner  as  our  own  linen  prcssti 
{Mus,  Bofhonioo^  iv.  50.) 


A  screw  of  the  same  description  wss  also  tu^ 
in  oil  and  wine  presses.  (Vitruv.  vi  9.  p.  i^^t J* 
Bipont ;  Palladius,  iv.  10.  §  10,  il  19.  §  1-)  ^^^ 
thread  of  the  screw,  for  which  the  Latin  langaa^ 
has  no  appropriate  term,  is  called  wtpucix^^  ^ 
Greek. 

2.  A  spiral  pump  for  raismg  water,  invented  nj 
Arehimedes  (Died.  Sic  i  34^  v.  37 ;  w"^ 
Strab.  xvii  30\  firom  whom  it  has  ever  vatf*^ 
called  the  Arohimedeaa  screw.  It  if  deicnbed  at 
length  by  Vitmvins  (x.  11)* 


CODEX. 

3.  A  pecaUtf  kmd  of  door,  tlmogli  whkh  the 
TiM  kasts  paaKd  from  their  dens  into  the  arena 
cf  tfce  afl^lkitheBtre.  (Yair.  2>b  iie  Rm$L  iii.  5. 
f  1)  It  m*TTT*^  of  a  cirenlar  eage,  open  on  one 
fide  like  a  lanten,  which  voifced  upon  a  piTot 
ad  witfain  a  iheU,  like  the  nnchines  uied  in  the 
cflBToti  and  foondling  hospitals  of  Italy,  tenned 
n6v  •>  that  any  partienlar  beast  oonld  be  remored 
fica  its  den  into  the  azcoa  merdy  by  tnniinff  it 
nead,  and  vithont  the  poasibility  of  more  than 
cstaafbfai  the  same  time  ;  and  therefore  it  is 
RcoDBoded  by  Yano(L  &)  as  pecoliarly  adapted 
fcr  a  svivyf  so  that  the  petaon  conld  go  in  and 
est  wHboirt  afibrding  the  birds  an  opportunity  of 
iri:^  avaf  .  Schneider  (m  Ind,  SayiL  lLR.9,v, 
Cbm),  fewerer,  maintaina  that  the  ooeklsa  in 
(|sestiott  was  nothing  moce  than  a  portcnllis  (ooto- 
finda)  niied  by  a  screw,  which  interpretation 
doea  sBt  sppear  so  probable  as  the  one  giren 

(X)^CHLEAR  (mx^jdptmr}  was  a  kind  of  spoon, 
vkicfa  appeals  to  haTe  terminated  with  a  point  at 
sae  od,  sad  at  the  other  was  broad  and  hollow 
like  ov  own  apoons^  The  pointed  end  was  nsed 
hr  dnwiog  aaafls  (eooUsoe)  ont  of  their  shells,  and 
eatBj  them,  whence  it  deriTed  ita  name  ;  and  the 
kvadir  part  fer  eating  egga,  &c.  Martial  (ziv. 
J31)  meBtHOS  both  these  uses  of  the  cochlear,  — 
*  Slim  cochins  habilis  nee  sum  mtnns  ntilis  oris.** 
iCsapaic  PUn.  H.N.  zxriu.  4  ;  Petran.  33.) 

CocUear  vaa  also  the  name  giTen  to  a  small 
Qcaaie  like  oar  spoonfoL  According  to  Rhemnius 
FiamBi,  it  was  ^  of  the  cjathos. 

COCHLIS,  which  is  properly  a  diminntiTe  of 
«eUn,  ia  oaed  as  an  adjecthre  with  eolunma,  to 
ificnbe  ndi  eolnmns  aa  the  Trajan  and  An- 
taaioe ;  liot  whether  the  term  was  nsed  with  re- 
&tc9<e  to  die  spiral  staixease  within  the  column, 
« ta  the  apiral  bas-relief  on  the  onUido,  or  to 
}^  ooDot  be  aaid  with  certainty.  (P.  Vict  de 
A^  Urif.  Rom.  8,  9.) 

Pliof  applies  the  word  also  to  a  species  of 
pm  ioDid  in  Arabia.  (£f.  N,  zxzTii  12. 
t74.)  [P.S.] 

CODEX,  dhxL  CODICILLUS,  is  identical  with 

ewiu,  aa  Claadiua  and  Oodiut^  etauttrmm  and 

Aitna^  mmla  and  eodtu     Cato  (c^i.  PromL  EpUt. 

•i  M.  Awkm.  L  2)  still  nsed  the  farm  ooaKier  in 

tiae  aaoe  aeoae  in  which  afterwards  oocieaf  was  used 

neiaaTdr.    (Compare  Orid.  Meiam.  zil  432.) 

^  vard  originally  signified  the  trunk  or  stem  of 

&trte  (Viig.  Otw^,  ii  30  ;  Columella,  xii.  19 ; 

^  H.  N.  xri  SO),  and  was  also  applied  to 

^gaate  anything  composed  of  large  pieces  of 

^^  wbcnce  the  small  fishinff  or  feny  boats  on 

t^  Tiber,  which  may  originally  hare  been  like 

the  bdian  canoes,  or  were  constructed  of  seTend 

^^y  hewn  planks  nailed  together  in  a  rude  and 

riiipie  Boaner,  were  called  fMoea  ettudieariae,  or 

f^^^arw,  or  mmUceae,      (PesL  and  Varro,  ap, 

.Vwnm,  xm.  12  ;  Qellius,  x.  26.)    The  surname 

if  Caodex  girea  to  Appius  Claudius  must  be 

<i>ffid  to  thia  signification.     But  the  name  codex 

^  opeciallj  applied  to  wooden  tablets  bound 

<aRdier  aad  lined  with  a  coat  of  wax,  lor  the 

P'^pwofwntiQg  upon  them,  and  when,  at  a  later 

ar,  pardnnent  or  paper,  or  other  materials  were 

"l^ted  for  wood,  and  pat  together  in  the 

^^  of  a  hook,  the  name  of  codex  was  still  ap- 

Mtorhm.  (Cic  Verr.  iL  1,  36  ;  Dig.  32.  tit  1. 

^d2;  BwUffi.  At^  101.)     In  the  time  of  Cicero 


CODEX. 


801 


we  find  it  also  applied  to  the  tablet  on  which  a 
bill  was  written ;  and  the  tribune,  Cornelius,  when 
one  of  hia  collea^es  forbade  his  bill  to  be  read  by 
the  herald  or  scribe,  read  it  himself  (bjfU  eodieem 
nam;  see  Cic.  aa  Fat  2,  and  Ascon.  Ped.  aa 
Jffyaoa.  ad  OanUL  pi  58.  ed.  Orelli).  At  a  still 
hrter  period,  during  the  time  of  the  emperors,  the 
word  was  nsed  to  express  any  collection  of  laws 
or  constitutions  of  the  emperors,  whether  made  by 
private  indiTiduals  or  by  public  authority.  See 
the  foUowiqg  articles. 

The  diminutire  eoiaedZat,  or  rather  cndieffli,  was 
used  ranch  in  the  same  way  as  codex.  Itoriginally 
signified  tablets  of  the  kind  deacribed  aboTe,  and 
was  subsequently  employed  to  indicate  any  small 
book  or  document,  made  either  of  parchment  or 
paper.  (Cic  PkiL  yiiL  10,  ad  Fam.  Ti  18;  SoeU 
Ciaad,  29.)  Respecting  its  meaning  in  connec- 
tion with  a  person^s  testament,  see  Tsstambn* 
TDM.  [L.S.] 

CODEX  GREQORIA'NUS  and  HERMO- 
GENIA'NUS.  It  does  not  appear  quite  certain 
if  this  title  denotes  one  collection  or  two  collec- 
tions. The  general  opinion,  howerer,  is,  that  there 
were  two  codices  compiled  respectiTcly  by  Grego- 
rianns  and  Hermogenianus,  who  are  sometimes, 
though  incorrectly,  called  Gregorins  and  Uermo- 
genes.  The  codex  of  Grcgoiianus  was  divided 
into  books  (the  number  of  which  is  not  known),  and 
the  books  were  divided  into  titles^  The  fragments 
of  this  codex  begin  with  constitutions  of  Septimius 
Sevens,  a.  d.  196,  and  end  with  those  of  Diocletian 
and  Maximian,  ju  d.  285—305.  The  codex  of 
Hermogenianus,  so  far  as  we  know  it,  is  only 
quoted  by  titles,  and  it  only  containa  constitutions 
of  Diocletian  and  Maximian,  with  the  exception  of 
one  by  Antoninus  Caracalla  ;  it  may  perhaps  have 
oonaiated  of  one  book  only,  and  it  may  have  been 
a  kind  of  supplement  to  the  other.  The  name  Her* 
mogenianus  ia  always  placed  after  that  of  Oregon- 
anus  when  this  code  is  quoted.  According  to  the 
Consultationes,  the  codex  of  Hermogenianus  alao 
contained  constitutions  of  Valens  and  Valentinian 
II.,  which,  if  true,  would  bring  down  the  compiler 
to  a  time  some  yeara  later  than  the  reign  of  Con- 
stantino the  Great,  under  whom  it  is  generally  as- 
sumed that  he  lived.  These  codices  were  not 
made  by  imperial  authority  ;  they  were  the  work 
of  private  individuals,  but  apparently  aoon  came  to 
be  considered  as  authority  in  courts  of  justice,  as  is 
shown  indirectly  by  the  fact  of  the  Theodoaian  and 
Justinian  codes  being  formed  on  the  model  of  the 
Codex  Gngorianus  axid  Hermogenianua.  (Zim- 
mem^GtmAickU  de$  Romisehem  PrwatreekU^  Heidel. 
1826;  Hugo,  Z«ftti«ie&  der  Gemskiekie  de$  Rom. 
RtekiSy  Berlin,  1832 ;  Frag,  Cod,  Greg,  ei  Ilenn, 
in  Schulting*a  Jurisprudentia  Vet,  &c.,  and  in  the 
Ju9  dvUe  Ant^puHn,  Berol  1815  ;  Backing,  In- 
Btiiutumen,)  [G.  L.] 

CODEX  JUSTINIANE'US.  In  February  of 
the  year  a,  d.  528,  Justinian  appointed  a  commis- 
aion,  eonsisting  of  ten  peraons,  to  make  a  new  col- 
lection of  imperial  constitutions.  Among  these  ten 
were  Tribonianus,  who  was  afterwards  employed 
on  the  Digesta  and  the  Institntiones,  and  Theo- 
philus,  a  teacher  of  law  at  Constantinople.  The 
commission  was  directed  to  compile  one  code  from 
those  of  Gregorianns,  Hermogenianus,  and  Theo- 
dosius,  and  alao  from  the  constitutions  of  Theo- 
doaius  made  aubsequently  to  his  code,  from  those 
,  of  his  BUGoessorv,  and  from  the  constitutions  of 


302 


CODEX. 


Jiutinian  hiinselC  THe  iiiBtnictions  given  to  the 
oommuaioneTB  empowered  them  to  omit  nnneces* 
sarjr  preambles,  lepetitiona,  oontradictions,  and 
obsolete  matter ;  to  express  the  laws  to  be  derived 
from  the  sources  above  mentioned  in  brief  lan- 
guage, and  to  place  them  nnder  appropriate  titles ; 
to  add  to,  take  from,  or  vary,  the  words  of  the  old 
constitntions,  when  it  might  be  necessary ;  but  to 
retain  the  order  of  time  in  the  several  constitutions, 
by  preserving  the  dates  and  the  consuls*  names, 
and  also  by  arranging  them  under  their  several 
titles  in  the  order  of  time.  The  ooUeotion  was  to 
include  rescripts  and  edicts,  as  well  as  oonstitu- 
tiones  properly  so  called.  Fourteen  months  after 
the  date  of  the  commission,  the  code  was  completed 
and  dechired  to  be  law  (16th  April,  529)  under 
the  title  of  the  Justinianeus  Codex ;  and  it  was  de- 
daxed  that  the  sources  from  which  this  code  was 
derived  were  no  longer  to  have  any  binding  force, 
and  that  the  new  code  alone  should  be  referred  to 
as  of  legal  authority.  (jOonstiL  de  Justin.  Cod, 
Oonfirmando.) 

The  Digesta  or  Pandectae,  and  the  Institntiones, 
were  compiled  after  the  publication  of  this  code, 
subsequently  to  which  fifty  deciaiones  and  some 
new  constitutiones  also  were  promulgated  by  the 
emperor.  This  rendered  a  revision  of  the  code 
necessary ;  and  accordingly  a  commission  for  that 
purpose  was  given  to  Tribonianus,  to  Dorotheus,  a 
distinguished  teacher  of  hiw  at  Berytus  in  Phoenicia, 
and  three  others.  The  new  code  was  promulgated 
at  Constantinople,  on  the  16th  November  534,  and 
the  use  of  the  decisiones,  the  new  constitutiones, 
and  of  the  first  edition  of  the  Justinianeus  Codex, 
was  forbidden.  The  second  edition  (secunda  editiOy 
repetita  pradeetio^  Codex  repetiiae  pradeetionu)  is 
the  code  that  we  now  possess,  in  twelve  books, 
each  of  which  is  divided  mto  titles:  it  is  not  known 
how  many  books  the  first  edition  contained.  The 
constitutiones  are  arranged  under  their  several  titles, 
in  the  order  of  time  and  with  the  names  of  the  em- 
perors by  whom  they  were  respectively  made,  and 
their  dates. 

The  constitutions  in  this  code  do  not  go  further 
back  than  those  of  Hadrian,  and  those  of  the  im- 
mediate successors  of 'Hadrian  are  few  in  number ; 
a  circumstance  owing  in  part  to  the  use  made  of 
the  earlier  codes  in  the  compilation  of  the  Justinian 
code,  and  also  to  the  fiict  of  many  of  the  earlier 
constitntions  being  incorporated  in  the  writings  of 
the  jurists,  from  which  alone  any  knowledge  of 
many  of  them  could  be  derived.  (fionttiU  De 
EmmdatUme  Cod,  Dom.  JiuUn.) 

The  constitutions,  as  they  appear  in  this  code, 
have  been  in  many  cases  altered  by  the  compilers, 
and  consequently,  in  an  historical  point  of  view, 
the  code  is  not  always  trustworthy.  This  fiict 
appears  from  a  comparison  of  this  code  with  the 
Theodosian  code  and  the  Novellae.  The  order  of 
the  subject-matter  in  this  code  corresponds,  in  a 
certain  way,  with  that  in  the  Digest.  Thus  the 
seven  parts  into  which  the  fifty  books  of  the 
Digest  are  distributed,  correspond  to  the  first  nine 
books  of  the  Code.  The  matter  of  the  three  last 
books  of  the  Code  is  hardly  treated  of  in  the 
Digest  The  matter  of  the  first  book  of  the  Digest 
is  placed  in  the  first  book  of  the  Code,  after  the 
law  relating  to  ecclesiastical  matters,  which,  of 
course,  is  not  contained  in  the  Digest ;  and  the 
three  following  books  of  the  first  part  of  the  Digest 
oorrespond  to  the  second  book  of  the  Codo.    The 


CODEX. 

following  books  of  the  Code^  the  ninth  iodudfij 
correspond  respectively,  in  a  general  way,  to  th^ 
following  parts  of  the  Digest  Some  of  the  cooj 
stitutions  which  were  in  the  fint  edition  of  tb< 
Code,  and  are  referred  to  in  the  Institntiones,  har^ 
been  omitted  in  the  second  edition.  (Instit  2.  tit 
20.  s.  27 ;  4.  tit  6.  s.  24.)  Several  ofmstitiitioD^ 
which  have  also  been  lost  in  the  eoorse  of  tim« 
have  been  restored  by  Charondaa,  Cigadus,  anj 
Contius,  from  the  Greek  version  of  them.  (ZimJ 
mern,  &C. ;  Hugo, />Ar6iieA  <l0r  ^adUafcte  <b»  AoBi^ 
/2aato,  &C. ;  Btfcking,  TtuiitatiomeH.)        £6.  L.} 

CODEX  THEODOSIA'NUS.  In  the  y«a< 
429,  Theodosins  II.,  commonly  called  TheodosiiU 
the  younger,  appointed  a  commission,  consisting  oi 
eight  persons,  to  form  into  a  code  all  the  edicta  an<^ 
generales  constitutiones  from  the  timeof  Constantine, 
and  according  to  the  model  of  the  Codex  GrejroJ 
rianus  and  Hermogenianus  (ad  nmHUmimem  (he- 
goriam  «i  Hermogeniani  Codide),  In  435,  the 
instructions  were  renewed  or  repeated  ;  but  tbe 
commissioners  were  now  sixteen  in  nnmber.  Anti- 
ochus  was  at  the  head  of  both  commissiona^  It 
seems,  however,  to  have  been  originally  the  design 
of  the  emperor  not  only  to  make  a  code  which 
should  be  supplementary  to,  and  a  ocmtinnation  o^ 
the  Codex  Gregoiianos  and  Hermqgenianus  ;  hot 
also  to  compile  a  work  on  Roman  law  fnm  tlie 
classical  jurists,  and  the  constitutions  prior  to  those 
of  Constantino.  However  this  may  be,  the  fifst 
commission  did  not  accomplish  this,  and  what  ire 
now  have  is  the  code  which  was  compiled  bv  the 
second  commission.  This  code  was  completed^  and 
promulgated  as  law  in  the  Eastern  empire  in  43^ 
and  declared  to  be  the  substitute  for  all  the  consti- 
tutions made  since  the  time  of  Constantine.  la 
the  same  year  (488)  the  code  was  forwarded  to 
Valentinian  III.,  the  son-in-law  of  Theodosius,  by 
whom  it  was  laid  before  the  Roman  Senate,  and 
confirmed  as  law  in  the  Western  empire.  Nine 
years  later  Theodosius  forwarded  to  Valentinian 
his  new  constitutions  (naoellae  <xmttiMianex\  which 
had  been  made  since  the  publication  of  the  code; 
and  these  also  were  in  the  next  year  (448)  pro- 
mulgated as  law  in  the  Western  empire.  So  long 
as  a  connection  existed  between  the  Eaatern  and 
Western  empires,  that  is,  till  the  overthrow  of  the 
latter,  the  name  Novellae  was  given  to  the  con- 
stitutions subsequent  to  the  code  of  Theodosiiu. 
The  latest  of  these  Novellae  that  have  come  down 
to  us  are  three  of  the  time  of  Leo  and  Anthemiiu, 
A.  D.  468. 

The  Codex  Theodosianus  consists  of  sizte^Q 
books,  the  greater  part  of  which,  as  well  as  hia 
Novellae,  exist  in  their  genuine  state.  The  books 
are  divided  into  titles,  and  the  tities  are  nib- 
divided  into  constitutiones  or  laws.  The  valiiable 
edition  of  J.  Gothofredus  (6  vols,  fol  Lngd.  1665, 
re-edited  by  Ritter,  Lips.  1736—1745,  6  vols,  fol) 
contains  the  code  in  its  complete  form,  except  the 
first  five  books,  for  which  it  was  necessary  to  aw 
the  epitome  contained  in  the  Bieviarinm  [Basvu- 
rium].  This  is  also  the  case  with  the  edition  of 
this  code  contained  in  the  Jns  Chile  Antejustmnio' 
neum  of  Berlin,  1815.  But  the  recent  discovety 
of  a  MS.  of  the  Breviarium,  at  Milan,  by  Gocsiiu, 
and  of  a  Palimpsest  of  the  Theodosian  code  at 
Turin  by  Peyron,  has  contributed  largely  both  to 
the  critical  knowledge  of  the  other  ^arts  of  thii 
code,  and  has  added  numerous  genume  oonstita- 
tions  to  the  first  five  books,  particulariy  to  th« 


COENA. 

&^  Hlnd^  diKoretiet  also  liaTe  added  to  our 
hovMge  of  the  liter  books,  and  his  edition  of  tlie 
TVcodosan  Code,  Bonn,  1837,  4to,  it  the  ktert 
Eld  the  best 

Tie  extnct  or  epttame  of  the  fint  fire  books  in 
t]ie  BrenBRBm  ii  verf  scantj  ;  262  lawi,  or  frag- 
crBts  oTIawB,  itere  ooiitted,  wkich  the  diacoreries 
ff  Clmm  and  Peynn  rednccd  to  200.  Hon  re- 
crct  diwoicnf  by  Guio  Baodi  a  Y  etme  at  Torin 
w£l  add  to  die  eui,  8th,  9tk,  1 0th,  and  1 6tb  bookc 
IV  Nof^dlaeGoiistitationeo  anterior  to  the  time 
of  Jofltiuia  are  collected  in  six  books  in  the  Jtu 
Cmk  Aviijmtkkimvmm^  Berlin,  1815,  and  in 
Hud"!  BMR  reeent  edition. 

Tbe  eoamnm  of  Theodosnis  was  empowered 

'A  unege  the  eoBstitotiooes  according  to  their 

nbject,  and  vader  each  snbject  according  to  the 

da  of  tiae;  to   aepaiate   thoae  which  con- 

t2i»d  MasetA  matter,  and  to  omit  what  was  not 

rMentJal  or  npafluooab     The  arrangement  of  the 

TbeodefiOB  code  difien  in  the  main  from  that  of 

'J<*  rode  of  Jostmian,  which  treats  of  jus  ecdeai- 

sidcnm  IB  the  beginning,  while  that  of  Theodoains 

ia  6e  fint  bo«k  treats  chSeflj  of  offlees  ;  and  the 

MOBd,  tkiid,  finrth,  and  begnming  of  the  fifth  book 

treat  of  jus  priTatmn.    The  order  here  oboerred, 

»  ^U  u  ID  the  code  which  h  profeaaed  to  follow 

Ma Bodd,  waa  the  order  of  the  writers  on  the 

pnArai  edict    The  eighth  book  oootams  the 

hvs  ai  to  pSlM^  the  penaitiea  of  celibacy,  and  that 

^btiaf  to  the  jna  liberorum.     The  ninth  book 

iftsu  vith  crimei.     The  bws  relating  to  the 

C;initiB  choich  are  eontained  in  the  sixteenth 

asd  lait  boeL     It  is  obTions  from  the  cixcnm- 

KaB.'ci  fmder  which  the  Theodosian  and  Jnstmian 

0^  woe  oanpi]ed,and  frmn  a  comparison  of  them, 

tia:  tbc  JiistiniBn  oode  was  greatly  indebted  to  the 

TiMdmaa.  TheTheodoaian  oode  wasalso  the  basis 

itbeedktof  Theodoric  king  of  the  Oatngotfaa  ; 

fi  waa  eptoamed,  with  an  interpretotion,  in  the 

Vufoth  Lex  Romsiia  [Brbyiariux]  ;  and  the 

Bjrgudiaa  Lex  Homana,  commonly  called  Papiani 

^  Respooaonmi,  was  frimded  upon  it.  [O.  L.] 

CODICILLUS.    [CoDM.] 

C0DON(a^l«r),aben.    [TnrriifNABULUii.] 

COEMPTIO.    [Matrimonium.] 

COENA  {War9w\  the  principal  meal  of  the 

riireb  aad  Bianaai^  coneaponding  to  our  dinner, 

niW  daa  nppcr.    As  the  meala  are  not  alwaya 

dtarij  diftingniehed,  it  will  be  oonyenient  to  give 

almfaceoimt  of  aU  of  them  imder  the  pieaent 

wi 

1.  GiiiK.>-The  maftpiiaU  for  an  acoomt  of 
^  Greek  sieala,  during  the  classical  period  of 
Atbott  and  Sparta,  are  almoat  confined  to  in- 
odoial  alfamons  of  Phto  and  the  comic  writen. 
aereniadoit  anthan,  tenned  ZuwwikayiH,  are 
*'|*|'"B0dbyAtheiiaeDs;  bat,  unfioirtimately,  their 
Jl^iap  nly  aorriTe  in  the  fragments  quoted  by 
°^  Ha  gnat  woric,  the  Deipnoaophists,  is  an 
anbutible  tnaaoiy  of  this  kind  of  knowledge, 
"^  ^  vtaoged,  snd  with  little  attempt  to  dis- 
like euatoms  of  di£Min  periods.      " 

J«  poeos  of  Homer  contain  a  real  pictnre  of 
«nj  UMfflen,  in  erery  way  worthy  of  the  anti- 
<i«iftan^  station.  As  they  atand  apart  from  all 
^ V  wiitiogi,  it  win  be  convenient  to  exhibit  in 
^  Tier  tbe  ftate  of  things  which  they  describe. 
^< » not  to  be  expected  that  the  Homeric  mcala  at 


COENA. 


808 


All 


«gwe  with  the 


of  a  later  period  ;  in- 


<>»^itwQa]dbeameiewaite  of  time  to  attempt 


adaptmg  the  one  to  the  oAer.  Athenaeas  (Lpi  8) 
who  haa  entered  fully  into  the  subject,  remariu  on 
the  aingnlar  aimplicity  of  the  Homeric  banqneta, 
in  whkh  kinga  and  private  men  aB  partake  of  the 
aame  food.  It  was  common  even  for  royal  penon- 
ages  to  prepare  their  own  meoli  (//L  iz.  208-~218 ; 
compare  Oen.  xxvii  81),  and  Ulyaaea  {OdL  xv. 
322)  declares  himself  no  mean  profident  in  the 
ciilinaiyart  — 

IIvp  r*  #8  ptfiiirm,  Biik  8^  ^6Xa  9aA  ttwiar^m 
Aaurp^v^ti  re  itol  Aar^oi  icol  o2mx^«> 

Three  namea  of  meals  occor  in  the  Iliad  and  Odyaaey 
— ipurrWf  Mvrw^  Upmw,  This  division  of  the 
meals  is  aacribed,  in  a  fragment  of  Aeaehyhis 
qnoted  by  Athenaeos  (L  pi  11),  to  Palamedes. 
The  word  Spurrow  uniformly  means  the  early  (1^* 
^S  (ML  xvi  2)  as  B6pmop  does  the  Utomeal  ;  but 
8cnrvoii^  on  the  other  hand,  is  need  Sat  either  {IL 
iL  381,  Od,  zvii  170),  apparently  without  any 
reference  to  time.  We  ahmdd  be  careful,  how- 
ever, how  we  aigue  from  the  unsettled  habito  of  a 
camp  to  the  regular  costoms  of  ordinary  lifei 

From  numerous  paaai^ea  in  the  Iliad  aad  Odyaaey 
it  appears  to  have  been  usual  to  ait  during  meal- 
times. In  the  palace  of  Telemachui,  before  eating 
a  tervant  brinos  Minerva,  who  is  habited  as  a 
stranger,  the  X'/^W'  ^  lustial  water  **  in  a  golden 
mtcher,  pouring  it  over  a  silver  veaaeL**  (Of.  L 
136.)  Beei;  mutton,  and  goafk  ileah  were  the 
ordinary  meata,  usoally  eaten  roaated ;  yet  from  the 
lines  (IL  xxi  363) 
'Hr  8i  X^f  (€1  lv8or,  iw9ry6fU9os  wpl  voXX^, 
KifUrajf  /icXS^ficyDf  iarmKorp€^4o$  aidKu^^ 

we  learn  that  boSed  meata  were  held  to  be  fu  from 
unaavonry.  Cheese,  flour,  and  occasionally  frnita, 
also  formed  part  of  the  Homeric  meals.  Bread, 
brooffht  on  m  baskets  (IL  ix.  217),  and  aalt  (8Xi, 
to  which  Homer  gives  ue  epithet  3cibrX  are  men- 
tioned: from  Od,  zvil  455,  the  latter  appears, 
even  at  this  early  period,  to  have  been  a  sign  of 
hospitality ;  in  Od,  xi.  122,  it  is  the  mark  of  a 
strange  people  not  to  know  ita  use. 

Each  guest  appean  to  have  had  his  own  t&ble, 
and  he  who  was  fint  in  rank  presided  over  the 
rest.  Menehms,  at  the  marriage  feast  of  Hennione, 
begins  the  banquet  by  taking  in  his  hands  the  side 
of  a  roasted  ox  and  placing  it  before  his  friends 
(Od,  iv.  65.)  At  the  aame  entertainment  music 
and  dancing  are  introduced : — **  The  divine  min- 
strel hymned  to  the  sound  of  the  Ivie,  and  two 
tumblen  (icveumrrvpf)  began  the  feative  stnin, 
wheeling  round  in  the  midst**  It  was  not  beneath 
the  notions  of  those  eai)y  days  to  stimulate  the 
heroes  to  battle  (II.  xii  311), 

*£8fn|  re,  KpUuriv  re,  284  wXcioir  Scrociro'iy, 

aad  Ajax  on  his  letnm  from  the  contest  with 
Hector  is  preaented  by  Agamemnon  with  the 
iwra  8iiyrf  jc^o. 

The  namea  of  several  articles  of  the  festive  board 
occur  in  the  Iliad  and  Odyssey.  Knives^  spits, 
cups  of  various  shapes  and  sizes,  bottles  made  of 
goat-skin,  casks,  &c.,  are  all  mentioned.  Many 
aorta  of  wine  were  in  use  among  the  heroes  ;  some 
of  Nestor^  is  remaiked  on  as  being  eleven  yean 
old.  The  Maronean  wine,  so  called  from  Maron, 
a  hero,  was  especially  celebmted,  and  would  bear 
mingling  with  twenty  times  ita  own  qusntity  of 
water.  It  may  be  observed  that  wine  aras  seldom, 
if  ever,  drunk  pure.    When  Nestor  and  Machaon 


304 


GOENA. 


•it  down  together,  "  a  woman,**  like  unto  a  god- 
dess, sets  before  them  a  polished  table,  with  a 
brazen  tray,  M  ^  Kp6fivop  v6rtf  Si^oy,  Then  she 
mingles  a  cup  of  Pranmian  wine  in  Nestor^s  own 
goblet,  and  cuts  the  cheese  of  goat^  milk  with  a 
st«^  knife,  scattering  white  fionr  over  it  The 
guests  drank  to  one  another:  thus  the  gods  (7Z.  iv. 
4)  9ui4xay  &XX^Xovf,  and  Ulysses  pledged 
Achilles,  saying,  x<^\  *Ax»X€5  (72.  ix.  225).  Wine 
was  drawn  from  a  larger  ressel  [Cratsr]  into 
the  cups  frY>m  which  it  was  drunk,  and  before 
drinking,  libations  were  made  to  the  gods  by  pour- 
ing some  of  the  contents  on  the  ground.  {iL  rii 
480.) 

The  interesting  scene  between  Ulysses  and  the 
swineherd  {Od,  xiv.  420)  gives  a  piurallel  yiew  of 
early  manners  in  a  lower  grade  of  life.  After  a 
welcome  has  been  given  to  the  stranger,  *^  The 
swineherd  cleaves  the  wood,  and  they  pUu»  the 
swine  of  five  years  old  on  the  hearUh  In  the 
goodness  of  his  heart,  Eumaeus  forgets  not  the  im- 
mortal gods,  and  dedicates  the  firstling  lock  with  a 
prayer  for  Ulysses*s  return.  He  next  smites  the 
animal  with  a  piece  of  cleft  oak,  and  the  attend- 
ants singe  off  the  hair.  He  then  cuts  the  raw  meat 
all  round  from  the  limbs,  and  laying  it  in  the  rich 
&t,  and  sprinkling  flour  upon  it,  throws  it  on  the 
fire  as  an  offering  (diwapxh)  to  the  gods,  the  rest 
the  attendants  cut  up  and  pierce  with  spits,  and 
having  cooked  it  with  cunning  skill,  draw  off  all, 
and  lay  the  mess  on  the  tables.  Then  the  swine- 
herd stands  up  to  divide  the  portions,  seven  por- 
tions in  all,  five  for  himself  and  the  guests,  and 
one  apiece  to  Mercury  and  the  nymphs.** 

There  is  nothing  more  worthy  of  remark  in  the 
Homeric  manners  than  the  hospitality  shown  to 
strangers.  Before  it  is  known  who  they  are,  or 
whence  they  come,  it  is  the  custom  of  the  times  to 
give  them  a  welcome  reception.  {Od,  i.  125,  &c.) 
When  Nestor  and  his  sons  saw  the  strangers, 
^  They  all  came  in  a  crowd  and  saluted  them  with 
the  hand,  and  made  them  sit  down  at  the  feast  on 
the  soft  fleeces  by  the  sea  shore.** 

The  Greeks  of  a  later  age  usually  partook  of 
three  meals,  ctUIed  iucpdrurfia^  &pi<rroyj  and  Suryov, 
The  last,  which  corresponds  to  the  iSpvoy  of  the 
Homeric  poems,  was  the  evening  meal  or  dinner  ; 
the  ipiffToy  was  the  luncheon ;  and  the  iucpdrifffia, 
which  answers  to  the  Apurroy  of  Homer,  was  the 
early  meal  or  break&st 

The  iucpdrifffM  was  taken  immediately  after 
rising  in  the  morning  (^{  c6k^s,  2a»9cy,  Axistoph. 
Aves^  ]  286).  It  usually  consisted  of  braid,  dipped 
in  unmixed  wine  (&icparos),  whence  it  derived 
its  name.  (Plut  Symp,  viii  6.  §  4  ;  SchoL  ad 
Tlicocr.  i  51  ;  Athcnaeus,  i  p.  1 1.) 

Next  followed  the  Apurroy  or  luncheon ;  but  the 
time  at  which  it  was  taken  is  uncertain.  It  is 
frequently  mentioned  in  Xenophon'B  Anabasis, 
and  appears  to  have  been  taken  at  different  times, 
as  would  naturally  be  the  case  with  soldiers  in 
active  service.  Suidas  (s.  v.  AtTryov)  says  that  it 
was  taken  about  the  third  hour,  that  is  about  nine 
o*clock  in  the  morning  ;  but  this  account  does  not 
agree  with  the  statements  of  other  ancient  writers. 
We  may  conclude  from  many  circumstances  that 
this  meid  was  taken  about  the  middle  of  the  day, 
and  that  it  answered  to  the  Roman  pramdiant^  as 
Plutarch  {Symp.  viil  6.  §  5)  asserts.  Besides 
which  the  time  of  the  vXiiBowra  ifyopd^  at  which 
provisions  seem   to  have  been   bought  for  the 


CX>ENA. 
ipurroy,  was  from  nine  o*cloek  till  noon.  T1 
agrees  with  the  account  of  Aristophanes  K.^'^ 
605^612),  who  introduces  Philodeon  describi 
the  pleasure  of  retan^ng  home  after  attending  t] 
courts,  and  partaking  of  a  good  Kporrosr.  Tl 
courts  of  justice  could  scarcely  have  finiahed.  thi 
sittings  by  nine  o^ock.  Timaeiis  alao  deliii 
8ciXi|  wputi,  which  we  know  to  have  l»ecxi  t{ 
early  part  of  the  afternoon  [Diss],  as  the  ti^ 
before  the  Spurroy.  The  ipurroy  was  nsnslly! 
simple  meal,  but  of  course  varied  aooordli^  to  tj 
habits  of  individuals.  Thus  Ischomachns,  in  <l 
scribing  his  mode  of  life  to  Sooatea,  who  gresax 
approves  of  it,  says,  *Aptor^  S<ra  ft!^€  tea^hs  /a^ 
vfay  vK'^s  hrifitpt^uf  (Xen.  Oeeon.  zL  1 8>. 

The  principal  meal,  however,  was  the  8«rirf^ 
It  was  usually  taken  rather  late  in  the  day,  fii 
qnently  not  before  sunset  (Lysiaa,  e.  JSraSo^ 
p.  26.)    Aristophanes  {Eed,  652)  aays, 

Sol  ik  fuK'^cL, 
tray  f  Scicdhrovr  rh  aroiXnoy  Kmpba^    X^'P^^ 
hr\  hwryoy. 

But  in  order  to  asoertam  the  time  meant  b 
Scjcis-ovr  T^  ffToixc«oi'«  the  reader  ia  refisrred  1 
the  article  Horologium. 

The  Athenians  were  a  social  people,  suad  xre% 
very  fond  of  dining  in  company.  Entertaizuneni 
were  usually  given,  both  in  the  heitnc  ages  oni 
latter  times,  when  sacrifices  were  ofTered  to  tfa 
gods,  either  on  public  or  private  oocasaons  ;  am 
also  on  the  anniversary  of  the  birthdays  of  mem 
hers  of  the  fiunily,  or  of  illustrious  persona,  wbethci 
living  or  dead.  Plutarch  {Symp.  riiL  1.  §  1 
speaks  of  an  entertainment  being  given  on  thi 
anniversary  of  the  birthdays  both  of  Soczaiea  an^ 
Phto. 

When  young  men  wished  to  dine  together  tbrj 
frequently  contributed  each  a  certain  sum  of  moneji 
called  (Tv/i^o^^,  or  brought  their  own  ptrorisionj 
with  them.  When  the  first  plan  waa  sidopte<^ 
they  were  said  inh  arvfiSoKonf  Sccvp^eXir,  and  on^ 
individual  was  usually  entrusted  with  tiie  monej 
to  procure  the  provisions,  and  make  all  the  nec<« 
sary  preparations.  Thus  we  read  in  Terence 
{Eunuehy  iii.  4)  —  . 

**  Heri  aliquot  adolescentuli  coimus  in  Pirseo, 
In  hunc  diem  ut  de  symboUs  essemus.  Chaexraa 

ei  rei 
Praefecimus :  dati  annuli :  locus,  tempos  <xmsid' 

tutum  est** 

This  kind  of  entertainment  m  which  each  gnesl 
contributed  to  the  expense,  is  mentioned  in  Homc^ 
{Od,  L  226)  under  the  name  of  tpayos,      * 

An  entertainment  in  which  each  penon  broogbt 
his  own  provisions  with  him,  or  at  least  oon^ 
tributed  somethins  to  the  gaieral  stock,  was  called 
ScTiryoy  iach  mrvfitos^  because  the  provisiana  weit^ 
brought  in  baskets.  (Athen.  viiL  p.  365.)  This  kind: 
of  entertamment  is  also  spoken  of  by  Xenoph(» 
{Men.  iii.  14.  §  1). 

The  most  usual  kind  of  entertainments,  how- 
ever, were  those  in  which  a  person  invited  his 
friends  to  his  own  house.  It  was  expected  that  tfaej 
should  come  dressed  with  more  than  ordinary  care, 
and  also  have  bathed  shortly  before  ;  hence,  when 
Socrates  was  going  to  an  entertamment  at  Aga> 
thon*s,  we  are  told  that  he  both  washed  and  put 
on  his  shoes, — things  which  he  seldom  did.  (Plato, 
Symp^  c.  2.  p.  174.)   As  soon  as  the  gnaali  arrived 


COENA. 

It  t&e  hmm  of  their  host,  thdr  shoes  or  nndah 
m  taken  dFbrtlie  th,re^  and  their  feet  washed 
[imdmv  and  iarwiiw^J)  In  ancient  miriu  of 
lit  we  freqiiaitly  eee  a  ntKW^  or  other  penon  la- 
pRienkd  m  the  act  of  taking  off  the  ihoet  of  the 
gmti,  of  which  aa  example  is  given,  from  a  tena 
n:ta  k  the  Bthish  Mnaeom,  in  pi.  908.  After 
tkeir  feet  had  heen  washed,  the  goests  reclined  on 
tbs  aXboi  or  eonches  (Kol  I  f»hf  1^  iamriCtu^  rhw 
nuk,  !ra  sotbc^oito,  Pkloi»  ^r>V.  c.  3.  pw  175). 

It  hai  afaeadj  heen  remarked  that  Homer  nerer 
Aaeifaci  pasoos  as  redining^  hot  always  as  sitting 
at  tfcdr  iBcsIs ;  hot  at  what  time  the  change  was 
i&tndBDed  is  aneotain.  MiiUer  (2>oriaM,  if.  3. 
1 1)  coocladeB  from  a  fragment  of  Aleman,  qnoted 
k  Atheueoi  ^  p.  Ill),  that  the  Spartans  were 
Kciaisoed  to  ndhie  at  their  meals  as  early  as  the 
cae  of  Akonn.  The  Dorians  of  Crete  always 
«t :  bat  the  AthemaiM,  like  the  Spartans,  were 
smuaaed  to  redine.  The  Gredt  women  and 
ckilici,  knrevcr,  like  the  Roman,  eontimied  to 
lit  >t  tbeir  awah,  as  we  find  them  represented  in 
cdrot  wofki  of  art. 

It  vuisDal  fiv  only  two  persons  to  recline  on 
cK^  coach.  Thus  A^tthon  says  to  Aristodemaa, 
21  r,  'AftfrAiyic,  wop*  *Eptt(!ifiaxu'  maroKXitWfi 
ed  to  Sooatea,  Acifpo,  S^psrcs,  m^*  ifti  icord- 
(Biro  (Pkto,  Sjfw^  c  3^  4.  p.  175).  Also  at  a 
teaqaet  prm  by  Attaginna  of  Thebes  to  fifty 
Psaaai  aad  fifiy  Gredu»  we  are  told  that  one 
?anm  aad  one  Greek  redined  on  each  coach. 
laandcBt  vwks  of  art  we  nsnally  see  the  gaests 
R'pRiested  in  this  way  ;  but  sometimes  there  is  a 
iii?sr  nnmber  on  one  long  cAlnr :  lee  the  cut 
sadff  tiie  aiiide  Stxposicm.  The  manner  in 
vhidt  they  ndmed,  the  ^y^/M  r^s  luerwKhiffwms, 
»  Pktaicfa  {Sgm^  y.  6)  calla  it,  will  be  mider- 
siood  by  reCnrmg  to  the  woodcut  already  men- 
toedf  wheie  the  goeata  are  represented  redioing 
vitk  their  left  anna  on  striped  piUows  (dwoTmiria), 
cd  bviog  their  right  free  ;  whence  Lodan 
^Luipi  c  6)  ipeaks  ^  iv*  iepcmvos  Btarpw. 

After  tile  nieata  had  placed  themaelves  on  the 
txim,  tbo  ihTes  bnmght  in  water  to  wash  their 
Udi(8lMpnrAxci^f  ^3^).  ThesabMqoent 
pnieeediDp  of  the  dimwr  are  briefly  described  in 
t^iiaeiof  AiiitophanwCreip.  1216), 

pe  fioHr  was  then  serrod  np  ;  whence  we  read 
Q  Aiia^ibiwB,  aad  elsewhere,  of  rhs  Tptar4(as 
*''fh^,  by  wfaidi  expreadon  we  are  to  nnder- 
*^  not  merely  the  diahea,  but  the  tabtea  them- 
»^«.(FUfl«n.<9».^fi««.iv.p.U6,i:)  It  ap- 
P^tbt  a  taUe,  with  prorisions  upon  it,  was 
r"^  be&R  each  itXinr :  and  thus  we  find  in  all 
I  ^'^'^  wki  of  art,  wluch  represent  banquets  or 

*^P«ii,  a  anaU  table  or  tripoid  placed  before  the 
I  "^  nd  when  thoe  are  more  than  two  perMns 

*^^  i^KTenl  of  snch  tables.    These  tablea 

^  eiidatly  niall  enoogh  to  be  moTed  with 

aie. 

a  ttting,  the  Greeks  had  no  knires  or  forks. 


COENA. 


305 


eat* 
k  of 


ysadeole  of  their  fingen  only,  except  in 
!^  "op»  or  siher  btpii^  wfakh  they  rartoo 
"T«>ttM  rf  a  gpoon,  called  /uwrUii,  ftoorpor,  or 
^P«.  SoBM^nMs  they  used  instead  of  a  spoon, 
« Wlowed  pieca  of  bread,  also  called  /ivcri^ji. 
It^  ^  ^^  ^  ^  ;  Aristoph.  EqmL  1164  ; 
'««.«.o./iiwtUi|.)    After  eating  they  wiped 


their  fingera  on  pieces  of  bread,  called  itwof»my9aKUu» 
(PoUoz,  Ti  93.)  They  did  not  use  any  doths  or 
napkins ;  the  x^'P^fi'^P^  And  dK/mytmy  which 
are  sooaetimes  mentioned  (PoUnx,  L  e.),  were  towels, 
which  wen  only  used  when  they  washed  their 


It  appean  that  the  arrangement  of  the  dinner 
was  entnisted  to  certain  slarea.  (Pkto,  f^fmp.  c  3. 
p^  -175.)  The  one  who  had  the  chief  maaMement 
of  it  was  called  rpowjowoi^r  or  rpawo^^H^ 
(Athen.  ir.  p.  170,  e. ;  Pdlux,  iii.  41,  yi  13). 

It  would  exceed  the  limits  of  this  wotk  to  give 
an  account  of  the  different  dishes  whidi  were  in- 
troduced at  a  Gredc  dinner,  thoogh  their  nnmber 
is  fitf  below  those  which  were  usually  partaken 
of  at  a  Roman  entertainment  The  most  common 
find  among  the  Greeks  was  the  ^id{a  (Dor. /id3la), 
a  kind  of  frumenty  or  soft  cake,  which  was  pre- 
pared in  different  ways,  as  appean  by  the  various 
names  which  were  giyen  to  it.  (PoUnx,  vi  76.) 
The  fad(a  is  freqoently  meotioiied  by  Aristophanes. 
The  fwrrii  pidCBi,  of  which  Phihwieon  partakes  on 
retoraing  homo  from  the  courts  (Aristoph.  Feap, 
610),  b  said  by  the  Scholiast  to  hare  been  made 
of  barley  and  win&  The  t»i(m  continued  to  the 
latest  times  to  be  the  eommon  food  of  the  lower 
daaaea.  Wheaten  or  bariey  bread  was  the  second 
most  usual  species  of  food ;  it  was  sooaetimes  made 
at  home,  but  more  usually  boi^siht  at  the  maritet  of 
the  iipTarmKBu  or  4proir^Ai3cf.  The  Twetables 
ordinarily  eaten,  were  nudlows  (/M^dxif),  lettuces 
{^i^M^*  cabbages  (Pd^naw),  beano  («^o^), 
lentils  (^aicai),  &c  Pork  was  the  most  fovoorite 
animal  food,  as  was  the  case  among  the  Romans ; 
Plutarch  (Symp,  ir.  5.  }  1)  oalU  it  rh  BuMu6rtno9 
iep4as»  Sa^nges  also  were  very  commonly  eaten. 
It  is  a  curious  fiict,  which  Plato  {IM  R^  iii. 
c.  ]  3.  p.  404)  has  remarked,  that  we  nerer  read 
in  Homer  of  the  heroea  partaking  of  fiah.  In  later 
timea,  however,  fiah  was  one  of  the  most  fiiTOurite 
foods  of  the  Greeks,  insomuch  so  that  the  name  of 
i^y  was  a^ipUed  to  it  aar*  ^^x^*  (Athen.  rii. 
p.  276,  e.)  A  minute  account  of  the  fishes  which 
the  Greeks  were  accustomed  to  eat,  is  given  at  the 
end  of  the  seventh  book  of  Athenaeus,  arranged  in 
alphabetical  order. 

The  ordinary  meal  for  the  fimiily  was  cooked 
by  the  mistress  of  the  house,  or  by  the  female 
slaves  under  her  directi<m ;  but  for  special  occa- 
uons  profesdonal  cooks  {/tiiy^ipoi)  were  hired,  of 
whom  there  appear  to  have  been  a  great  nnmber. 
(Diqg.  Laert  it  72.)  They  are  fii^uently  men- 
tioned in  ths  fragments  of  the  comic  poets  ;  and 
those  who  were  acquamted  with  all  the  refine- 
ments of  their  art  were  in  great  denumd  in  other 
parts  of  Greece  besides  their  own  country.  The 
Sicilian  cooks,  however,  had  the  greatest  reputa- 
tion (Plato,  J>e  Btp.  iii  c.  13.  p.  404),  and  a 
Sicilian  book  on  cookery  by  one  Mithaecus  is 
mentioned  in  the  Gorgias  of  Pktto  (c.  156.  pw  518. 
Compare  Maxim.  Tyr.  Ditt,  iv.  5) ;  but  the  most 
celebrated  work  on  the  subiect  was  the  Toffrpo* 
Xayia  of  Archestratus.    (A^en.  iii  p.  104.  b.) 

A  dinner  given  by  an  opulent  Athenian  usually 
consisted  of  two  couises,  called  respectively  wp&rat 
Tpdre^cu  and  3c^cpa<  rpdrejoi.  Pollux  (vi.  83), 
indeed,  speaks  of  three  courses,  which  was  the 
number  at  a  Roman  dinner;  and  in  the  same 
way  we  find  other  writen  under  the  Roman 
empire  speaking  of  three  eooisea  at  Gkeek  din- 
ners; but  before  the  Roman  conquest  of  (3reeco 

X 


306 


COENA. 


and  the  introductbn  of  Roman  ciutoiiny  we  only 
read  of  two  oonnet.  The  fint  course  embcaced 
the  whole  of  what  we  consider  the  dinner,  namely, 
fish,  poultry,  meat,  &c  ;  the  leoond,  which  cor- 
responds to  our  dessert  and  the  Roman  beUaria^ 
consisted  of  different  kinds  of  fruit,  sweetmeats, 
confections,  &c. 

When  the  first  course  was  finished  the  tables 
were  taken  away  {<dp€uf^  iatalptWt  hroiptof^ 
ib^tufmif,  itb^p^ufy  $eurTd(§af  ria  rpear4((Btt),  and 
water  was  giren  to  the  guests  for  the  purpose  of 
washing  their  hands.  Crowns  made  of  garlands  of 
flowers  were  also  then  giren  to  them,  as  well  as 
Tarious  kinds  of  perfiimes.  (PhUyll.  <^.  Atkm.  ix. 
p.  408,  e.)  Wine  was  not  drunk  till  the  fint 
course  was  finished  ;  hut  as  soon  as  the  guests 
had  washed  their  hands,  unmixed  wine  was  intro- 
duced in  a  large  goblet,  aJled  fierdanirrpov  or  fiera- 
Pfrrpts,  of  which  each  drank  a  little,  after  pouring 
out  a  small  quantity  as  a  libation.  This  liba- 
tion was  said  to  be  made  to  the  **  good  spirit  ** 
(itryaSov  9alfu>pos\  and  was  usually  accompanied 
with  the  singing  of  the  paean  and  the  playing  of 
flutes.  After  this  libation  mixed  wine  was 
brought  in,  and  with  their  first  cup  the  guests 
drank  to  Aihs  2wTi)por.  (Xen.  Symp.  ii.  1 ;  Plato, 
Symp,  c.  4.  p.  176  ;  Died.  Sic.  ir.  3 ;  Suidaa,  t.  o. 
'Ato^ov  Aoi/iOKOS.)  With  the  ffropJkd,  the  9*tryop 
closed  ;  and  at  the  introduction  of  the  dessert 
(JUirtpeu  rpaar4(cu)  the  ir<(ror,  avfiw6<rioy,  or 
K&fjMs  commenced,  of  which  an  aopount  is  given  in 
the  article  Symposium.  (Becker,  Chariklesy  toI.  L 
pp.  411--460.) 

2.  Roman.  In  the  following  account  of  Roman 
meals,  we  take  the  ordinary  life  of  the  middle  ranks 
of  society  in  the  Augustan  age,  noticing  incidentally 
the  most  remarkable  dcTiations,  either  on  the  side 
of  primitire  simplicity  or  of  late  refinement 

The  meal  with  wldch  the  Roman  sometimes  be- 
gan the  day  was  the  Jmiaailmm^  a  word  derived, 
as  Isidore  would  have  us  believe,  amunio  so^eendo, 
and  answering  to  the  Greek  iucpdrurfta.  Festus 
tells  us  that  it  was  also  called  prandicula  or  atiatum. 
Though  by  no  means  uncommon,  it  does  not  i^ 
pear  to  have  been  usual,  except  in  the  case  of 
children,  or  sick  persons,  or  the  luxurious,  or,  as 
Nonius  adds  {De  Re  Cib,  I  4)|  of  labouring  men. 
An  irregular  meal  (if  we  may  so  express  it)  was 
not  likely  to  have  any  very  regular  time :  two  epi- 
grams of  Martial,  however,  feem  to  fix  the  hour  at 
about  three  or  four  o^clock  in  the  morning.  (Mart 
Ep.  xiv.  233,  viii.  67.  9.)  Bread,  as  we  learn 
from  the  epigram  just  quoted,  formed  the  substan- 
tial part  of  this  early  break&st,  to  which  cheese 
(Apul.  Met.  i  p.  110,  ed.  Franco£  ]621)«  or  dried 
firuit,  as  dates  and  raisins  (Suet  AUff.  76)  were 
sometimes  added.  The  jeniaculum  of  Vitellius 
(Suet  Vit.  c  7.  c.  13)  was  doubtless  of  a  more 
solid  character ;  but  this  was  a  case  of  monstrous 
luxury. 

Next  followed  the  prandhim,  or  luncheon,  with 
persons  of  simple  habits  a  frugal  meal  — 

<<  Quantum  inteipellet  inani 
Ventre  diem  darare.** 

Hor.  Sai,  I  6.  127,  128. 

As  Horace  himself  describes  it  in  another  place 
(5W.  il  2.  17), 

^  Cum  sale  panis 
liUtiantem  stomachum  bene  leniet,^ 


.   COENA. 

agreeably  with  Seneca^s  account  (E^.  84),  P<ni 
deinde  rioata  et  tine  mataa  pramdimmy  pod  qM 
non  tmd  laocmdae  mamu.  From  the  latter  pa^ 
sage  we  learn  incidentally  that  it  was  a  faastj 
meal,  such  as  sailors  (Jnv.  Sai,  vi  101)  and  soldiesi 
(Liv.  xxviii.  14)  partook  of  when  on  duty,  vitbi 
•nt  sitting  down.  The  prcmdimm  seems  to  faav( 
originated  in  these  military  meals,  and  a  doubt  h4 
been  entertamed  whether  in  their  ordinary  life  tbi 
Romans  took  food  more  than  once  in  the  ia.t 
PUny  (Ep,  iiL  5)  speaks  of  Anfidina  Baasus  ss  fol 
lowing  the  amaaU  custom  in  taking  luncheon  ;  \i 
again  {Ep,  iii  1 X  hi  describing  the  mannen  of  « 
(Jd-&shioned  person,  he  mentiona  no  other  nd 
but  the  coena.  The  following  veferenoes  (Sen.  Ef 
87  ;  Cic  «/  ^tt.  V.  1 ;  Mart  vi  64)  seem  to  prov^ 
that  luncheon  was  a  usual  meal,  although  it  cani 
not  be  supposed  that  there  were  many  who,  lik< 
Vitellius,  ooidd  avail  themselves  of  all  the  varioiu 
times  which  the  diiforent  fiishiona  of  the  daj  aii 
lowed  (Suet  VU,  13).  It  would  evidently  b( 
absurd,  however,  to  lay  down  uniform  rules  ibj 
matters  of  individual  caprice,  or  of  feshion  at  best 
The  prandiuMy  called  bv  Suetonius  (Aug.  78] 
abut  meruiumaw,  was  usuuly  taken  about  twelr^ 
or  one  o'clock.  (Suet  OaL  58,  Ctamd.  34.)  Foi 
the  luxurious  palate,  as  we  gather  inddcDUiDj 
finom  Horace's  satires,  very  diflSerent  proviaioa  vaj 
made  firom  what  was  described  above  as  his  (nd 
sunple  repast  Fish  was  a  requiaite  of  the  tsbh 
(5W.  ii2.  16)  — 

**  Foris  est  promus,  et  atrum 
Defendens  pisces  hj'emat  mare,^ 

to  which  the  choicest  wines,  sweetened  with  tbt 
finest  honey,  were  to  be  addrd — 

**  Nisi  Hymettia  mella  Falemo 
Ne  biberis  diluta,'* 

which  latter  practice  is  condemned  by  the  learnetj 
gastronomer  (Sai,  iL  4.  26),  who  recommendi  i 
weaker  mixture  — 

**  Leni  pnecordia  mnlso 
Prolncris  melius,** 

and  gravely  advises  to  finish  with  mulbeiriei  fresl 
gathered  in  the  mommg  (Ihid,  21 — ^23;  see  Tate'j 
Horace^  2nd  ed.  pp.  97 — 106). 

The  words  of  Festus,  eoma  apmd  amtkpnt  dke^ 
hahtr  quod  nunc  pramdutm^  have  giv«i  much  tronblt 
to  the  critics,  perhaps  needlessly,  whoi  we  remem* 
her  the  change  of  hours  in  our  own  countiy.  Ij 
we  translate  eoma^  as  according  to  our  notions  vi 
ought  to  do,  by  **  dinner,**  they  describe  exactly 
the  alteratbn  of  our  own  manners  duruo^  the  la&l 
century.  The  analogy  of  the  Greek  word  ^cnw^ 
which,  according  to  Athenaeus,  was  used  in  i 
simiUur  way  for  Apioror^  also  affords  assistanoe^ 
Another  meal,  termed  tnerenda^  is  mentioned  bv 
Isidore  and  Festus,  for  which  seveial  refined  dic^ 
tinctions  are  proposed ;  but  it  is  not  certain  thai 
it  really  differed  from  the  prcmdium. 

The  table,  which  was  made  of  citron,  maple- wood, 
or  even  of  ivory  (Juv.  SaL  xLX  was  covered  with 
a  mantelej  apd  each  of  the  different  courses,  some^ 
times  amounting  to  seven  (Juv.  Sat,  i.  95),  serred 
upon  a  /ereulum  or  waiter.  In  the  **■  munda 
Bupellex  **  of  Horace,  great  care  was  taken 

**  Ne  tnrpe  toral,  ne  sordida  mappa 
Cormget  nares  ;  ne  non  et  eantharus  et  lanx 
Ostendat  tibi  te.**  Ep,  i.  5.  22—24. 


COENA. 

iod  oo  Uk  mw  oecMion,  the  whole  dinner,  which 
aewted  of  Tcgetobkii  was  aerred  ap  on  a  nogle 
ptatlcr  (t.  2). 

To  zvtan  to  our  dcteriplion,  the  dinner  nnially 
matted  «f  thrae  oonnes :  first,  th«  prommiaia  or 
9^aam  (Gk:  ndFam,  iz.  20),  called  alio  gvMtaHo 
(PetrcB.  SeL  31X  made  np  of  all  aorto  of  ttinm- 
kili  to  Ike  appedtc,  inch  aa  thoae  detoihed  by 
Hace  (5il  XL  &  9), 

*  Bapdi,  hetneae,  ndkea,  qnalia  kssom 
PeTTcflont  stomachiini,  tiser,  alec,  frecula  Coa.^ 

E^alw(Cie.<irf/cifli.ix.20;  Hor.  iSot  L  31  6) 
«we  10  iadispenaable  to  the  fint  course  that 
tkj  sIiBoft  jiaTe  a  name  to  it  (a6  ovo  Utqm  ad 
mm\  k  the  fnmidma  of  Trimalchio'k  rapper  J 
(Pctmn.  91)— probably  designed  as  a  satire  on 
tk  eoperor  Nero — an  ass  of  Corinthian  bnss  is 
mtndoeed,  bearing  two  pannien,  one  of  white, 
tkr  «iber  ef  Uack  otives,  covered  with  two  laige 
iiihe«  josciibed  with  Trima)chio*li  name.  Next 
ense  donnice  (^fim)  on  small  bridges  sprinkled 
vitkpojipy-ased  sad  honej,  snd  hot  saosages  {toma- 
ob;  on  t  silTcr  gridiron  {eratiemla\  with  Syrian 
pnanaadpoiaegTanatebcRiesnndenieatL  These, 
bveni;  veie  imperial  luxuries  ;  the  frugality  of 
Msotiai  qsIt  allowed  of  lettoce  and  Sicenian  olives ; 
bdetd  he  himaelf  tells  us  that  the  prommUU  was 
I  refiaemcat  of  modem  luxory  (Ep.  xiii  14.  1). 
Haaobiaa  (iSit.  S.  9)  has  left  an  anthentic  record 
0^  a  ooeu  fotd^kmrn  (see  Hot.  Carm,  M  14.  28), 
pira  br  Leotolas  on  his  election  to  the  office  of 
^BCDfin  vUch  the  fizst  coarse  alone  was  made 
li?  rf  the  fallowing  dishes :  —  Several  kinds  of 
iheQ-jiib  (aoUh^  ottme  cmdae^  pdoridetj  apomdyfi^ 
^iwiiinijgi,  narioat  pitrpmraty  bakmi  aBri  et 
hH»  thni^Ms,  asparagus,  a  &tted  hen  {^alUna 
i^),  bec!ca6coes  (fiudmlae)^  nettles  (urticae), 
thekmdwsof  a  goat  and  wild  boar  (^H»i6»  ev^mi- 
f^  V^'9'^  rich  meats  made  into  pasties  {allilia 
njfnt  bnobUa),  many  of  which  are  twice  re- 
peated in  the  mTentory. 

It  voaid  far  exceed  the  limits  of  this  work  eren 
t«  oectioo  aH  the  diahM  which  formed  the  seconc^ 
<<«K  «f  a  RoBBsn  dinner,  which,  whoever  likes, 
HT  find  BUButely  described  in  Bulengema.  (De 
\  il  sad  iiL)    Of  birds,  the  Guinea  hen 


COENA. 


307 


{Afn  tut\iht  pheasant  {pkarianOy  ao  called  from 

I^ft  riTct  of  Colchis),  and  the  thrash,  were 

^3ort  m  Rpate ;  the  liTer  of  a  capon  steeped  in 

^  (PiinjX  and  beccaikoes  (JeedulM)  dressed 

![J^  PqW  were  held  a  delicacy.     (Mart  iii  6.) 

^t  peacock,  according  to  Biacrobiua  (Sat.  il  9), 

*»  fan  intnditced  by  Hortenaiua  the  orator,  at 

aaiaasiQisl  rapper,  and  acquired  such  repute 

i     *^  the  Romsn  gonrmands   as   to   be  com- 

"^-y  Wd  liw  fifty  deaariL     Other  birda  are 

^^«^  aa  the  dock   (aiaos,  Mart  xiii.  52), 

^^^^7  i^  lead  and  breast  ;    the  woodcock 

u^^  ^e  turtle,  and  flamingo  (phoeiucopteru$^ 

^  ^  7IJ^  the  tongue  of  which.  Martial  tells 

^,  '^^oa&j  coomended  itaelf  to  the  delicate 

1"^  Of  fiah,  the  Tariety  waa  perhaps  still 

^tB:  the  dorr  (aeonw),  the  tarbot  (rkombuM\ 

w  nsgcoD  (oc^MMer),   the    mullet    (mvUms)^ 

^^  ^Wy  prised,  and   dressed  in  the  most 

^sixtti  fathjoBg.    In  the  banquet  of  Nasidienns, 

«a  eel  ii  bnaght,  garnished  wiUi  prawns  swim- 

"*|ia  the  mace.   (Mart.  JTaaix,  xiiL)    Of  solid 

^Y^  awias  to  hare  been  the  fiivourite  dish,* 

*V«»y  Rddng-pig  (Mart  xiJL  41) ;  the  paps 


of  a  sow  serred  np  in  milk  (saatew.  Ibid.  Ep,  i4\ 
the  flitch  of  bacon  {ptta$o^  Ep,  56),  the  womb  of 
a  sow  {vmha,  Ep,  56),  are  all  mentioned  by 
Martial  Boarls  flesh  and  renison  were  also  in 
high  repute,  especUdly  the  fonacr,  described  by 
Jurenal  (Sal.  i,  141)  as  mimal  propttr  comrntia 
mttwm»  CondimenU  weie  added  to  most  of 
these  dishes:  soch  were  the  mmria^  a  kind  of 
pickle  i^de  from  the  tunny  6sh  (Mart  xiii  103)  ; 
the  fformm  wodorvm,  made  from  the  intestines  of 
the  mackerel  (sooai^X  *o  called  because  brought 
fium  abroad  ;  alee^  a  sort  of  brine  ;  /lar,  the  s^i- 
ment  of  wine,  4cc,  for  the  receipts  of  which  we 
must  again  r^er  the  reader  to  Catius*s  learned 
instructor.  (Hor.  SaL  il  4.)  Several  kinds  of 
/y^  (ibid,  T.  20)  are  mentioned,  trufles  (toleH)^ 
mushrooaas  (taftsrst),  which  either  made  dishes  by 
themselves,  or  formed  the  garniture  for  larger  dishes. 
It  must  not  be  mpposed  that  the  artiatm  of  im- 
perial Rome  were  at  aU  behind  oorselTes  in  the 
preparation  and  anrnngemenU  of  the  taUe.  In  a 
large  household,  the  nmctionariea  to  whom  this 
important  part  of  domaatic  ecooomv  waa  entrusted 
were  four,  the  butler  ( promma\  the  cook  (anaii* 
au^'ms),  the  arranger  of  the  dishes  (sfrnetor), 
and  the  canrer  {carptor  or  scassor).  Ckrring  waa 
taught  aa  an  art,  and,  according  to  Petronius  (35, 
36),  performed  to  the  sound  of  music,  with  appro- 
priate gesticnlatiooa  (Juv.  SaL  t.  121), 

**  Nee  mtnimo  sane  discrimine  refert 
Quo  Tulta  lepofes  et  quo  gallina  aeoetiir.^ 

In  the  rapper  of  Petromoa,  a  large  round  tray 
C/ercuimmj  rq^m'torimm)  ia  brought  in,  with  the 
signs  of  .the  zodiac  figured  all  round  it,  upon  each 
of  which  the  ariitte  {etrwdor)  had  placed  some  ap- 
propriate yiand,  a  goose  on  Aquarius,  a  pair  of 
scales  with  tarts  (jtertbUtae)  and  cheesecakes  ( pta- 
ceniae)  in  each  scale  on  Libra,  &c  In  the  middle 
was  placed  a  hive  rapported  by  delicate  herbage. 
Presently  four  slaves  come  forward  dancing  to  the 
sound  of  music,  and  take  away  the  upper  part  of 
the  dish  ;  beneath  appear  all  kinds  of  turssaed 
meata  ;  a  hare  with  wings,  to  imitate  PegMQ«» 
in  the  middle  ;  and  four  figures  of  Manyas  at  the 
comers,  pouring  hot  sauce  (/^araaa /i^Mra^am)  over 
the  fish,  that  were  swimming  in  the  Eurinus  be- 
low. So  entirely  had  the  Romans  lost  all  shame 
of  luxury,  suice  the  days  when  Cincius,  in  rapport- 
ing  the  Fannian  law{  charged  his  own  age  with 
the  enormity  of  introducing  the  porcui  lYtfpnut 
(a  sort  of  jMidding  stuffed  with  the  flesh  of  other 
animals,  Macrob.  Sat.  ii.  2). 

The  bellaria  or  dessert,  to  which  Horace  alludes 
when  he  says  of  Tigellius  ab  ovo  Umme  ad  mala 
eUaret^  consisted  of  fruits  (which  the  Romans 
usually  ate  uncooked),  rack  as  almonds  {amj/gdala$\ 
dried  grapes  {uvas  /xusoe),  dates  (pabnulae^  laryo- 
toe,  dactyfi)  ;  of  sweetmeato  and  confections,  called 
eduHa  melUta,  duleiaria,  rack  as  cheesecakes  (ca- 
pediae^  crustvla^  Uba^  placentae^  artologam)^  almond 
cakes  (coptae)^  tarts  {9criUUae\  whence  the  maker 
of  them  was  called  pUtor  duldariuSy  placeniariu*^ 
UbariuM^  &.C 

We  will  now  rappose  the  table  spread  and  the 
guests  assembled,  each  with  his  mappa  or  napkin 
(Mart  xil  29),  and  in  his  dinner  dress,  called 
ooenaioria  or  cubHoria^  usually  of  a  bright  colour 
(Petron.  c.  21),  and  yariegated  with  flowers.  First 
they  took  off  their  shoes  for  fear  of  soiling  the 
couch  (Mart  iii.  30),  which  was  often  inlaid  with 
X  2 


308 


COENA. 


ivoiy  or  tortoiseshell,  and  covered  with  cloth  of 
gold.  Next  the  J  laid  doMm  to  eat  (Hor.  Sat 
L  4.  39),  the  head  resting  on  the  left  elbow  and 
supported  by  cushions.  (Mart  iii.  8.)  There 
were  usually,  but  not  always,  three  on  the  same 
couch  (Hor.  StU.  L  4.  86),  the  middle  place  being 
esteemed  the  most  honourable.  Around  the  tables 
stood  the  servants  {mmistrt)  clothed  in  a  tunic 
(Hor.  Sat.  il  6.  107),  and  girt  with  napkins  (Suet 
CaL  26) :  some  removed  the  dishes  and  wiped  the 
tables  with  a  rough  cloth  (gauaape^  Hor.  Sai.  iL 
8.  11),  others  gave  the  guests  water  for  their 
hands,  or  cooled  the  room  with  fiuis.  (Mart  iiL 
82.)  Here  stood  an  Eastern  youth  (Juv.  SaL  v. 
55)  behind  his  master*s  couch,  ready  to  answer 
the  noise  of  the  fingers  (dtgiti  crtpitut^  Mart  vi. 
89),  while  others  bore  a  large  phitter  {jnaxonomwm) 
of  different  kinds  of  meat  to  the  guests.  (Hor.  SaL 
iL  8.  86.) 

Whatever  changes  of  feshion  had  taken  place 
since  primitive  times,  the  coena  in  Cicero's  day 
{ad  AU,\x,l)  was  at  all  events  an  evening  meal 
It  was  usual  to  bathe  about  two  o'clock  and  dine 
at  three,  hours  which  seem  to  have  been  observed, 
at  least  by  the  higher  classes,  long  after  the  Au> 
guston  age.  (Mart  iv.  8.  6,  xi  53.  3 ;  Cic.  ad 
Fam,  ix.  26  ;  Plin.  Ep,  iii.  1.)  When  Juvenal 
mentions  two  o'clock  as  a  dinner  hour,  he  evi- 
dently means  a  censure  on  the  luxury  of  Uie  person 
named  (JSat.  i.  49,  50), 

^  Exul  ab  oetava  Marhis  bibit'* 

In  the  banquet  of  Nasidienus,  about  the  same  hour 
is  intended  when  Horace  says  to  Fundanius, 

**  Nam  mihi  quaerenti  convivam  dictus  here  illic 
De  medio  potare  die." 

Horace  and  Maecenas  used  to  dine  at  a  late 
hour  about  simset  (Hor.  Sat,  ii.  7.  33,  Ep,  i. 
5.  3.)  Perhaps  the  various  statements  of  classical 
authors  upon  this  subject  can  only  be  reconciled  by 
supposing  that  with  the  Romans,  as  with  ourselves, 
there  was  a  great  variety  of  hours  in  the  difierent 
ranks  of  society. 

Dinner  was  set  out  in  a  room  called  ooenatio  or 
diaeta  (which  two  words  perhaps  conveyed  to  a 
Roman  ear  nearly  the  same  distinction  as  our 
dining-room  and  parlour).  The  ooenatio^  in  rich 
men's  houses,  was  fitted  up  with  great  magnificence. 
(Sen.  Ep.  90.)  Suetonius  {Neroj  31)  mentions  a 
supper-room  in  the  golden  palace  of  Nero,  con- 
structed like  a  theatre,  with  shifting  scenes  to 
change  with  every  course.  In  the  midst  of  the 
coenatio  were  set  three  couches  (triclinia),  answer- 
ing in  shape  to  the  square,  as  the  long  semiciicular 
couches  (nffmaia)  did  to  the  oval  tables.  An 
account  of  the  disposition  of  the  couches,  and  of 
the  place  which  each  guest  occupied,  is  given  in 
the  article  Triclinium. 

The  Greeks  and  Romans  were  accustomed,  in 
later  times,  to  recline  at  their  meals ;  though  this 
y)ractice  could  not  have  been  of  great  antiquity  in 
Greece,  since  Homer  never  describes  persons  as 
reclining,  but  always  as  sitting,  at  their  meals. 
Isidore  of  Seville  \Oriff,  xx.  11)  also  attributes 
the  same  practice  to  the  ancient  Romans.  Even 
in  the  time  of  the  early  Roman  emperors,  children 
in  fiunilies  of  the  highest  rank  used  to  tit  together 
at  an  inferior  table,  while  their  fathers  and  elders 
reclined  on  couches  at  the  upper  part  of  the  room. 
<Tacit  Arm,  xiii.  16 ;  Suet  Auff,  65,  Claud,  32.) 


COENA. 

Roman  ladies  continued  the  practice  of  sittiDjt 
at  table,  even  after  the  recumbent  pontion  had 
become  common  with  the  other  sex.  (Vairo,  ap. 
Isid.  Orig,  xx.  11 ;  Val.  Max.  iL  1.  §  3.)  It  k^ 
pears  to  have  been  considered  more  decent,  snd 
more  agreeable  to  the  severity  and  purity  of  sncient 
manners,  for  women  to  sit,  more  especially  if  macr 
persons  were  present  But,  on  the  other  hand,  v'e 
find  cases  of  women  reclining,  where  there  ires 
conceived  to  be  nothing  bold  or  indelicate  in  their 
posture.  In  some  of  the  bas-reliefs,  represeDiini; 
the  visit  of  Bacchus  to  Icarus,  Erigone,  instead  of 
sitting  on  the  couoh,  reclines  upon  it  in  the  bofiom 
of  her  father.  In  Juvenal  {Sat.  iL  120)  a  bride 
reclines  at  the  marriage  supper  on  the  bosom  of 
her  husband  ;  which  is  illustrated  by  the  fbDowio^ 
woodcut,  taken  from  Montfiracon  {Ant,  Eap.Sifpii 
iiL  66). 


It  seems  intended  to  represent  a  scene  of  pcrftrt 
matrimonial  felicity.  The  husband  and  wife  r^ 
cline  on  a  sofa  of  rich  materials.  A  three-legged 
table  is  spread  with  viands  before  them.  Their 
two  sons  are  in  front  of  the  sofa,  one  of  them  sit- 
ting, in  the  manner  above  described,  on  a  low 
stool,  and  playing  with  the  dog.  Several  fiemalps 
and  a  boy  ate  performing  a  piece  of  music  for  the 
entertainment  of  the  married  pair. 

It  has  been  ah%ady  remarked  that,  before  Ijic? 
down,  the  shoes  or  sandals  were  taken  off.  In  all 
the  ancient  paintings  and  bas-reliefs  illustratiTe  of 
this  subject,  we  see  the  guests  reclining  with  naked 
feet;  and  in  those  of  them  which  contain  ibc 


'immwwtwim 


^kkMJL^MMMJM 


COGNATI. 

fevoBzite  aobjeet  of  tlie  riait  of  Bacchos  to  Icaraa, 
ve  obacrre  a  ftnn  performmg  for  BaccHiu  thia 
c£ce.  The  pRoeding  woodcut,  taken  from  a  terra 
cotta  ia  the  Brituh  Mueanit  repretenting  this 
pabject,  both  abows  the  naked  fiset  of  Icanu,  who 
has  paiUy  laiaed  himsdf  from  his  coneh  to  welcome 
\a&  faest»  and  also  that  Bacehoa  has  one  of  his 
ket  sIieadT  naked,  whilst  the  fium  is  in  the  act  of 
temonag  ine  shoe  from  the  other.  [B^  J.] 

COENA'CULUM.     [DoMua.] 
COENATIO.    [CoBNA,  p.  308,  a.] 
COEN ATCBIA.    [Cobna,  p.  507,  K  ;  Syk- 

THSSI8.] 

COGNATI.  The  foDowing  passage  of  Ulpian 
(Frt^.  txL  26.  S  1)  will  explain  the  meaning  of 
thdstena:  — 

*^  The  hcreditates  of  intestate  ingenui  belong  in 
tkc  imt  place  to  their  sui  heredes,  that  is,  children 
wba  ace  in  the  power  of  the  parent,  and  those  who 
ue  is  the  place  of  children  (as  gmndchildien  for 
iBstaaoe)  ;  tf  there  axe  no  sni  hereides,  it  belongs  to 
the  eauMnguInei,  that  is,  brotberi  and  sisters  by 
tht  nae  teher  (it  was  not  necessary  that  they 
ihoiild  be  by  tbe  same  mother)  ;  if  there  are  no 
cfitingsinci,  it  bekmgs  to  the  remaining  nearest 
^Bsn,  that  ia,  to  the  cognati  of  the  male  sex,  who 
uaoe  their  devent  through  males,  and  are  of  the 
tBBit  fiunflia.  And  this  is  proTided  by  a  law 
of  the  Twdve  Tables  :  —  Si  imiegiato  morittw  cm 
ma  ien$  nee  erndt,  offmUiu  jfroximms  /amUiam 

Cogaati  axe  all  tbote  who,  according  to  the  Jus 
Gentium  or  Jos  Katnrale,  are  sprung  &om  one  per- 
na,  whether  male  or  female  (cognati . .  quasi  ex 
sfdoad,  Djg.  38.  tit.  8.  s.  1.  §  1.).  Pure  Natuialis 
^Q^aaiao  exists  between  a  woman,  who  is  not  in 
Baoo,  and  her  children,  whether  bom  in  marriaffe 
<7Qoc ;  and  among  all  persons  who  are  akin  merely 
t3res^  the  mother,  without  any  respect  to  mar- 
riage. Conaeqaently,  children  of  one  mother  be- 
fsojoi  in  manmge  and  not  begotten  in  marriage, 
and  children  of  one  mother  begotten  in  marriage  by 
d^oott  &thefB,  are  eognati.  The  natural  relation- 
i^>  by  pracreatkm  was  called  nataialis,  as  op> 
pased  to  eognatio  cirilis  or  l^tima,  which,  though 
&9sded  on  the  nataialis  eognatio,  received  from 
poBtxTe  law  a  distinct  cbanuster.  This  nataialis 
ttfnade  was  often  simply  called  eognatio,  and  the 
cirOk  or  legitlma  was  called  agnatio.  Nataialis 
t^aatio  thai,  shnply  in  itself,  was  no  cirilis  cog- 
Bttao ;  bat  aputio  was  both  eognatio  naturalis  and 
drilia. 

A  correct  notion  of  the  term  agnates  cannot  be 

Kad  without  Rfemng  to  the  notion  of  the  patria 

pctesus,  and  to  one  of  the  senses  of  the  word 

Emilia.     In  one  sense,  then,  fiunilia  signifies  all 

thsae  free  peiaons  who  are  in  the  power  (in  patria 

poteitate  mannve)  of  the  aame  Roman  citiien,  who 

vas  paterfunilias,  or  head  of  a  fimiilia ;  and  m 

thii  sense  frmflia  signifies  all  those  who  are  united 

b  one  body  by  this  common  bond.     It  is  a  general 

term  which  comprehends  all  the  agnatL      The 

^itinate  children  of  sons  who  were  not  eman- 

ofated  were  in  the  patria  poteatas,  consequently 

fooBcd  part  of  the    fiunilia,  and  were   agnati. 

Adopted  children  weie  also  in  the  adoptiTe  fiither*s 

pwer ;  sad  eonseqnently  were  agnati,  thoogh  they 

vere  sot  natmales  cognati.     Accordingly,  if  the 

kgal  agnstifl^  which  arose  from  adoption,  was  dis- 

mItkI  ^onancipatioii,  there  remained  no  eognatio : 

ki  if  ibe  sgnatio^  whicb  aioee  from  eognatio,  was 


COLLEGIUM. 


309 


dissolved  by  emancipation,  there  still  remained  the 
nataialis  eognatio.  The  pateifiunilias  mainuined 
bis  power  over  his  &inilia  ao  long  as  he  lived,  ex- 
cept over  those  who  were  emancipated,  or  passed 
into  another  fimiilia,  or  in  any  way  sustained  a 
deminntio  c^itis.  Ohn  his  death,  the  common  bond 
of  the  patria  potestas  was  dissolved,  and  his  sons 
became  respectively  heads  of  frmilies  ;  that  is,  of 
persons  who  were  in  their  power,  or,  with  respect 
to  one  another,  were  agnati.  But  all  these  persons 
continned  to  be  members  of  the  same  fimiilia  ;  that 
is,  they  were  still  agnati,  and  consequently  the 
agnatio  subsisted  among  persons  so  long  as  they 
could  tiace  back  their  descent  through  males  to  one 
common  paterfianiliaa, 

Agnati,  thai,  may  be  briefly  explained  to  be 
those  **  who  would  be  in  the  patria  potestas,  or  ta 
ju$^  as  a  wife  in  suiaM  otri,  or  in  the  manus  of  a 
son  who  ia  in  the  fiither*li  power,  if  the  pateifimii- 
lias  were  alive  ;  and  this  is  true  whether  such 
persons  ever  were  actually  so  ttt  not**  (Hugo, 
LehfUuk,  See,) 

The  imperfection  of  an  individual,  as  a  living 
being,  is  completed.  First,  by  marriage,  which  unites 
two  persons  of  different  sexes  in  a  society  fi>r  life. 
Second,  the  imperfection  of  an  individual  which 
arises  from  his  limited  existence,  is  completed  in 
the  institution  of  Roman  bw  in  the  patria  potestas, 
to  which  is  attached,  partly  as  a  further  develop- 
ment, partly  as  a  more  natural  or  less  legal  analogy, 
kinship:  **as  a  further  development  in  agnatio, 
which  is  only  the  residuum  of  a  previous  existing 
patria  potestas  with  constant  continuation ;  as  a 
natuial  analogy  in  eognatio,  in  which  the  jus  gen- 
tium recognises  the  community  of  individuals 
which  rests  on  descent,  as  the  jus  civile  in 
agnatio.**   (Savigny,  Syttem^  &c  vol.  I  p.  34 1 ,  &c.) 

We  must  suppose  then,  in  order  to  obtain  a 
clear  notion  of  agnatio,  that  if  the  male  from 
whom  the  agnati  claim  a  common  descent  were 
alive,  and  they  were  all  in  his  power,  or  in  his 
manus,  or  in  the  manus  of  those  who  are  in  his 
power,  they  would  all  be  agnati.  In  order,  then, 
that  agnatio  may  subsist  among  persons,  the 
male  from  whom  the  descent  is  claimed  most  have 
lost  his  patria  potestas  by  death  only,  and  not  by 
any  capitis  deminntio^  and  consequently  not  by 
any  of  his  children  passmg  into  any  other  patria 
potestas,  or  into  the  manus  viri,  which  would  in 
effect  be  passing  into  another  agnatio ;  for  a  person 
could  not  at  the  same  time  be  an  agnatns  of  two 
altogether  different  fimiilieSb  Accordingly,  adoption 
destroved  the  former  agnatio,  and  the  emancipa- 
tion of  a  son  took  away  all  his  rights  of  agnatio, 
and  his  former  agnati  lost  all  their  rights  against 
him. 

The  legal  definition  (Gains,  iiL  10)  that  agnati 
are  those  who  are  connected  by  legitima  eognatio, 
and  that  legitima  eognatio  is  the  eognatio  through 
persons  of  the  male  sex,  must  be  viewed  solely 
with  reference  to  the  natural  relation  ;  for  agnatio, 
as  a  civil  institation,  comprehended  those  who  were 
adopted  into  the  fiunilia  ;  and  further,  those  who 
were  adopted  out  of  the  fiunilia  lost  their  former 
agnatio. 

The  meaning  of  consonguinei  has  already  been 
given  by  Ulpian.  Those  who  were  of  the  same 
blood  by  both  parents,  were  sometimes  called 
germani ;  and  consanguinei  were  those  who  had  a 
common  fiither  only  ;  and  uterini  those  who  had  a 
common  mother  only. 

X  3 


810 

Tl. 

TriUTUs, 
THUtUl 

6. 

I 

Atavoft 

Aur 


COONATL 


U  .. 

L.Ab|Mtn 

lanis,  Abami 

bavlal — I  Abarunc 

Abmater 

4.  6. 

I 

■ Pmvmti 


•Abpatrooft 
Abavus,         Abamtta, 
•%  Abaruncului, 
Abmateitera. 


'— Propatraai, 
Froanu,         Proamita. 
ProavUi.— I  ProavuDCUliM 
ProoBj 


AvoSi 
AvU.  — 

3. 

I. 

Pater, 


M  BATV 

de  cuius 
eognatione 
quafrttur. 


Promatert.— I 

'■    1 

III.  It. 

'—  Patraui, 

Amita,       >— .Homm. 

Avuncului,        FlUiu, 

Mater.  Mag.-^      FUUu 

*■    1     *• 

il.  iU. 

—  Patrum, 

Amtta,       L_Proflor, 
Avunculus,       Sobrlno, 
]iatertera.->,  Sobrlnave-^ 
3.  *•         I 

I.  II.  iii. 

—  Frater,        IConsobrtniui— Sobrinuf, 
Soror,        Confobrina.     Sobrtna. 

a.  4.  6. 


r  1 


Filtot, 
FlHa. 

1. 

.1 

Net>oe, 
Neptia. 


Horuro, 

Filius, 

Fllia. 

8. 

.1.. 

Horum, 
Nepot, 
Mepils. 

.1. 

Horum, 

Fronep<M, 

ProoeptU. 

5. 

I 

?. 

Horam, 

Abnepoe, 

Abneptla. 

6. 


Hi. 

Horum, 

Flllua, 

Filia. 

ft. 

i. 

Horom, 
Nepoe, 
Nejtii. 


ifi. 
Pronepoa, 
Proneptia. 

& 

.1. 

Abnepoa, 
Abneptte. 

4. 

I 

▼. 
Adnepof, 
AdneptU 

J.. 

Trlnep<M« 
Triaeptis. 

This  table  shows  all  the  degrees  of  eognatio. 
The  degree  of  relationship  of  any  given  person  in 
this  stemmn,  to  the  person  with  respect  to  whom 
the  reladonshin  is  inquired  after  (is  ecme,  &c.),  is 
indicated  by  the  figures  attached  to  the  sereral 
words.  The  Roman  numerals  denote  the  degree 
of  eognatio  in  the  canon  law ;  and  the  Arabic 
numerals,  the  degrees  in  the -Roman  or  Civil  law. 
The  latter  mode  of  reckoning  is  adopted  in  Eng- 
land, in  ascertaining  the  persons  who  are  entitled 
as  next  of  kin  to  the  personal  estate  of  an  intestate. 
In  the  canon  law,  the  number  which  expresses  the 
coUateral  degree  is  always  the  greater  of  the  two 
numbers  (when  they  are  different)  which  express 


COLLEGIUM. 

the  distance  of  the  two  parties  from  the  cohuimd 
ancestor  ;  but  in  the  civil  law,  the  degree  of  re- 
lationship is  ascertained  by  counting  from  either  of 
the  two  persons  to  the  other  through  the  ooiBinni 
ancestor.  All  those  words  on  which  the  same 
Roman,  or  Uie  same  Arabic,  numerals  occur,  re- 
present persons  who  are  in  the  same  degree  of 
eognatio,  according  to  these  respective  laws,  to  the 
person  ts  earn,  &c  (Hugo,  LArimeky  &e. ;  Mare. 
aoU,  LehrfnuA^  &c ;  Dig.  38.  tit  10,  De  GndSms, 
&.C  ;  Ulpianus,  Fra^.  ed.  Backing  ;  Rocking,  In- 
ttatUione».)  [0.  L.J 

CO'GNITOR.     [Actio.] 

COGNOMEN.    [NoMEN.] 

COHERE&    [Hkkbs.] 

COHORS.    [ExiRciTus.] 

COLA'CRETAE  (jcwXajcp^cu,  also  called 
KwXoyperai),  the  name  of  very  ancient  magistiatei 
at  Athens,  who  had  the  management  of  all  finandai 
matters  in  the  time  of  the  kings.  They  are  laid 
to  have  derived  their  name  frtan  collecting  certab 
parts  of  the  victims  at  sacrifices  (^«  rov  iytlftv 
rks  MXas),  The  legislature  of  Solon  left  the 
Colacretae  untouched;  but  Cleisthenes  depiiTcd 
them  of  the  charge  of  the  financfn,  which  he  tnoi- 
ferred  to  the  Apodectae,  who  were  established  in 
their  stead.  [ApODncTAS.]  From  this  time  the 
Colacretae  had  only  to  provide  for  the  meals  in  tht 
Prytaneium,  and  subsequently-  had  likewise  to  psj 
the  fees  to  the  dicasts,  when  the  practice  of  pa.Ting 
the  dicasts  was  introduced  by  Pericles.  (Aristoph. 
Vesp.  693,  724,  with  Schol. ;  Etym.  M.  Phot  He- 
sych.Suid.Tim.;  RuhBk,adTM,PiaLL».^\l\', 
B5ckh,  PtM.  Earn,  ofAAau^  p.  1 73.  Ac,  2nd  ed.) 

COLLA'TIO  BONO'RUM.  [BonordmCol- 

LATIO.] 

COLLEGATA'RIUS.  [Lbgatum.] 
COLLE'GIUM.  The  persons  who  fbcined  a 
collegium,  were  called  cdlBgae  or  toddet.  The 
word  collegium  properly  expressed  the  notion  of 
several  persons  bemg  united  in  any  office  or  for 
any  common  purpose  (Liv.  z.  13,  22 ;  Tacit  An, 
iii.  31)  ;  it  afterwards  came  to  signify  a  body  of 
persons,  and  the  union  which  bound  them  together. 
The  collegium  was  the  iratpla  of  the  Greeks. 

The  notion  of  a  collegium  was  as  follows :  — 
A  collegium  or  corpus,  as  it  was  also  called,  most 
consist  of  three  persons  at  least.  (Dig.  50.  tit  16. 
s.  85.)  Persons  who  legally  formed  such  an  asw* 
ciation  were  said  eorput  iaberey  which  is  equin- 
lent  to  our  phrase  of  being  hicorpoiated  ;  aod  in 
Uiter  times  they  were  said  to  be  oorporati,  and  the 
body  was  called  a  ecfrporaHo,  Those  who  &mcd 
the  public  revenues,  mines,  or  salt  works  {mtimu) 
might  have  a  corpus.  The  power  of  forming  wch 
a  collegium  or  sodetas  (for  this  term  alfio  was 
used),  was  limited  by  various  legea,  senatoscan- 
sulta,  and  imperial  constitutions,  (Djg.  3.  tit  4.) 
Associations  of  individuals,  who  were  entitled 
to  have  a  corpus,  could  hold  property  in  com- 
mon ;  they  could  hold  it,  as  the  Roman  JDrisU 
remark,  just  as  the  state  held  property  (r»  ex** 
numes).  These  collegia  had  a  common  chest,  and 
could  sue  and  be  sued  by  their  syndicos  or  actor. 
That  which  was  due  to  the  collegium  or  uniTeisitas 
(for  this  was  a  still  more  general  term),  was  not 
due  to  the  individuals  of  it ;  and  that  which  the 
collcgiiun  owed,  was  not  the  debt  of  the  indiridaals. 
The  property  of  the  coll^um  was  liable  to  be 
seized  and  sold  for  its  debts.  The  oollegiuiD  or 
universitas  was  governed  by  its  own  regulatiowi, 


COLLEGIUM. 

Wbieb  niigkt  be  wuf  ngohtiaoB  thai  th«  Bumben 
B^ced  upon,  pnirided  tkej  were  not  contnrj  to 
hv:  tluB  pcoritian,  as  Garas  eoDJectaRS  (Dig. 
47.  tit  22%  ma  detiTod  from  a  kv  of  Solon, 
viucb  be  4iiiolc&  The  ooDesiam  itiH  mbtiBted, 
ti»agb  aQ  tbe  original  memben  were  changed. 
CaQ^ia  of  all  kinds  may  be  Tiewed  nnder  two 
aapectft, — as  banng  some  object  of  adminisCntion 
ether  pafaiic  or  not  pnblic,  which  object  is  often 
the  naia  puiMMe  lor  which  thej-  exists  or  as  being 
ca|aUe  of  holding  jiruperty  and  contracting  and 
eviiig  obl^ations.  Am  haTii^^  some  object  of  ad- 
,  Aey  are  Tiewed  as  nnits  (magistratos 


COLONATUSL 


511 


t  (Dig.  50.  tit  1. 
a.  2S).  As  having  acapacity  to  hold  pirepertj,  thej 
an  poieij  fictitioQs  er  artificiai  personages,  and, 
cueqaeatly,  thus  conoeiTed,  it  is  not  all  themem- 
bcn  who  are  suppeeed  to  Mmpoee  this  artificial 
penea,  bat  the  members  are  the  liTing  perMm  by 
whioe  agency  this  artificial  person  does  the  acts 
wkidi  ne  amjiaM>  for  the  acquisition  and  admi- 
asfialiai  of  ila  prspeity.  Itisonly  with  referenoe 
to  the  fsirpoaes  of  ownereh:^  and  coatFBctS|that  an 
ar^fiddpoaon  has  an  existence  as  a  permn.  There 
are  ame  forther  renurks  under  UNnrnMrrAa 

A  lawfidiy  constitnted  coOegiam  was  legiti- 
xaao.  Aseoaaftlens  of  individmds,  which  affected 
t»  act  M  eoU^pa,  bat  were  forbidden  by  law,  were 
called  ilfidta. 

It  does  not  appear  how  collegia  were  formed, 
except  that  some  were  specially  e^ablished  by  legal 
aBtharitf.  (Ur.  t.  50,  52  ;  Suet  Cae$.  42,  Aug. 
33 ;  Dig.  3.  tit  4.  a.  1.)  Other  collegia  were 
pR^bly  formed  by  ▼ofamtary  aaeociations  of  indi- 
▼idedb  aoder  the  prorisions  of  acme  general  legal 
aatbority.  Tina  anppoeitian  wonld  accoont  for  Uie 
ivt  «f  a  great  nrnnber  of  collegia  being  fonned  in 
the  coane  of  time,  and  many  of  them  being  occ»- 
canlly  nppreaaed  as  not  legitima. 

Soae  of  tbeae  eorponte  bodies  resembled  onr 
umtji^ttjfim  at  gnilds  ;  inch  were  the  fobrormn,  pie- 
imm,  Ac  eojlegia.  (Lampridins,  Aleat,  JSnwrae, 
^)  Othen  wen  of  a  rel^ioos  cfaancter  ;  such 
»  the  poBtificnm,  -  aogunun,  firatrmn  arralimn 
coikgia.  Othen  were  bodies  concerned  about 
^'vnimetA  and  administration  ;  as  tribunonun 
pleUs  (Lhr.  zlii.  32),  quaestornm,  decurionum 
caCegia.  The  titles  of  numerous  other  collegia 
vaj  be  eoOected  from  the  Roman  writers,  and 
uiBB  mscnptioins. 

Aecofding  to  the  definition  of  a  eoHegiom,  the 
eaomls  being  only  two  in  number  were  not  a  col< 
kjiam,  thoiq|h  cack  was  called  coUega  with  re- 
ipect  to  the  other,  and  their  union  in  office  was 
aSki  ooDcgium.  The  Romans  nerer  called  the 
isdrndaal  who,  for  the  time,  filled  an  office  of 
perpetual  contiaaBnce,  a  uniTcrsitas  or  collegium, 
fothst  wonld  have  been  a  contiadiction  in  tenns, 
vkich  it  has  keen  reserred  for  modem  times  to 
io&oiiMe,  under  the  name  of  a  oorpontion  scdcL 
Bat  the  notion  of  one  pefion  socceedinff  to  idl  the 
ngirts  of  a  predeoenor  was  fomHiar  to  the  Romans 
in  the  cue  of  a  single  heres,  and  the  same  notion 
mat  hare  existed  with  respect  to  indiriduals  who 
M  say  ofice  in  peipetaal  succession. 

Aceoidiag  to  Ulpian,  a  umTersitas,  though  re- 
dttcd  to  a  single  member,  was  still  considered  a 
vurenitas  ;  for  the  indlTidual  possessed  all  the 
li^  «f  the  univcxsitaa,  and  used  the  name  by 

vbich  it  was  distinguished.    (Dig.  3.  tit  4.  s.  7.) 


When  a  new  member  was  taken  into  a  eolle> 
gium,  he  was  said  eo-optoW,  and  the  old  members 
were  said  with  respect  to  him,  ndptre  m  eolUgiwn, 
The  mede  (tf  filling  op  Tscancies  would  vaiy  in  dif* 
ferent  coll^ia* 

CiTitatcs  and  res  publicas  (civil  communities) 
and  municipia  (in  the  Uter  sense  of  the  term) 
were  Tiewed  as  fictitious  pessons. 

According  to  Pliny  {Ep.  t.  7  ;  Ulp.  Fr.  tit  22. 
s.  5)  res  publicae  and  manidpia  could  not  take 
as  heres  ;  and  the  reason  given  ia,  that  they  were  a 
corpus  incertnm,  and  so  cmild  not  carmen  kermUiO' 
tarn;  that  is,  do  those  acts  which  a  heres  himself 
must  do  in  order  to  show  that  he  consents  to  be  a 
heres,  for  the  heres  could  not  in  this  matter  act 
by  a  representatiTe.  A  res  publica,  therefore,  as 
being  a  fictitious  person,  could  net  do  the  necessary 
act  Munidpia,  like  other  fictitious  penons, 
could,  however,  acquire  property  in  other  ways, 
and  by  means  of  other  persons,  whether  bond  or 
free  (Dig.  41.  tit  2.  a  1.  §  22) :  and  they  could 
take  fideicommissa  under  the  senatuseonsultum 
Apnmianum  which  was  passed  in  the  time  of 
Hadrian,  and  extended  to  Hdta  collegia  in  the 
time  of  M.  Aurelius.  (Dig.  34.  tit  5.  s.  21.)  By 
another  senatuseonsultum,  the  liberti  of  municipia 
might  make  the  mnnicipes  their  heredes.  The  gods 
oould  not  be  made  heredes,  except  such  deities  as 
possessed  this  capadty  by  special  senatnseon- 
sulta  or  imperial  constitutions,  such  as  Jupiter 
Tarpeius,&c.  (Ulpi /V.  tit  22.  a  6.)  By  a  con- 
stitution of  Leo  (Cod.  vi.  tit  24.  a  12)  civitatet 
obtained  the  capacity  to  take  property  as  heredes. 
As  early  as  the  time  of  Nerra  and  Hadrian,  civi- 
tates  could  take  legacies. 

Though  dvitates  withm  the  Roman  empire 
could  not  originally  receive  gifts  by  will,  yet  in- 
dependent states  could  reodve  gifb  in  that  way 
(Tadt  Aim.  iv.  43),  a  case  which  furnishes  no 
objections  to  the  statement  above  made  by  Pliny 
and  Ulpian.  In  the  same  way  the  Roman  state 
accepted  the  inheritance  of  Attains,  king  of  Per- 
gamus,  a  gift  which  iame  to  them  from  a  foreigner. 
The  Roman  lawyers  considered  such  a  gift  to  be 
accepted  by  the  jus  gentium.  (Dig.  3.  tit  4  ;  47. 
tit  22  ;  Savigny,  ^irflsm,  &c.  voLii  pi  235.  Ac.) 
[UNiYuiaiTAaJ  [G.  L.] 

COLONATUS^  COLO'NL  The  Coloni  of 
the  later  Imperial  period  fiirmed  a  dam  of  agri- 
culturists, whose  condition  has  been  the  subject  of 
dabomto  investigation. 

These  Coloni  were  desknated  by  the  various 
names  of  Cdoni,  Rustid,  Originarii,  Adscriptitii, 
Inquilini,  Tributarii,  CensitL  A  perMm  might  be- 
come a  Colonus  by  birth,  with  referenoe  to  which 
the  tenn  Originarius  was  used.  When  both  the 
parents  were  Coloni  and  belonged  to  the  same 
master,  the  children  were  Coloni.  If  the  father 
was  a  Colonus  and  the  mother  a  slave,  or  con- 
versely, the  children  followed  the  condition  of  the 
mother.  If  tiie  father  was  firee  and  the  mother  a 
Colona,  the  children  were  Coloni  and  belonged  to 
the  master  of  the  mother.  If  the  fother  was  a 
O»lonus  and  the  mother  fine,  the  children  before 
the  time  of  Justinian  followed  the  condition  of  the 
fiuher:  afterwards  Justinian  declared  such  chil- 
dren to  be  free,  but  finally  he  reduced  them  to  the 
condition  of  ColonL  If  both  parents  were  Coloni 
and  belonged  to  different  masters,  it  was  finally 
settled  that  the  mastera  should  divide  the  children 
between  them,  and  if  there  was  an  odd  one,  it 
X  4 


512 


COLONATUS. 


Bhould  go  to  tbe  owner  of  the  mother.  If  a  man 
lired  for  thirty  years  as  a  CoIonuB,  be  became  the 
Colonus  of  the  owner  of  the  land  on  which  he 
lived  ;  and  thoogh  he  waa  Btill  Sne^  he  ooald 
not  leave  the  land:  and  a  man  who  had  poa- 
•eated  for  thirty  yeara  a  colonoa  belonging  to 
another,  could  defend  himself  against  the  claims  of 
the  former  owner  by  the  Praescriptio  triginta  aii- 
norum.  A  constitution  of  Valentinian  III.  de- 
clared how  free  persons  might  become  Coloni  by 
agreement ;  and  though  there  is  neither  this  nor 
any  similar  regnhitlon  in  the  Code  of  Justinian, 
there  is  a  passage  which  apparently  recognises 
that  persons  might  become  Coloni  by  snch  agree- 
ment    (Cod.  zL  tit  47.  s.  22.) 

The  Coloni  were  not  slaves,  though  their  con- 
dition in  certain  respects  was  assimilated  to  that 
of  slaves  ;  a  circumstance  which  will  explain  their 
being  called  servi  tetTae,aad  sometimes  being  con- 
trasted with  liberL  They  had,  however,  connn- 
bium,  which  alone  is  a  characteristic  that  dis- 
tinguishes them  clearly  from  slaves.  (Cod.  zi  tit 
47.  s.  24.)  But,  like  slaves,  ther  were  liable  to 
corporal  punishment,  and  they  had  no  right  of 
action  against  their  master,  whose  relation  to 
them  was  expressed  by  the  term  Patronus.  (Cod. 
Theod.  V.  tit  11.)  The  colonus  was  attached 
to  the  sofl,  and  he  could  not  be  permanently 
separated  from  it  by  his  own  act,  or  by  that 
of  his  patronus,  or  by  the  consent  of  the  two. 
The  patronus  could  sell  the  estate  with  the  coloni, 
but  neither  of  .them  without  the  other.  (Cod.  zL 
tit  47.  s.  2.  7.)  He  could,  however,  transfer 
superabiindant  coloni  from  one  to  another  of  his 
own  estates.  When  an  estate  held  in  common 
was  divided,  married  penons  and  relations  were 
not  to  be  separated.  The  ground  of  there  being 
no  legal  power  of  separating  the  coloni  and  the 
estate  was  the  opinion  that  such  an  arrangement 
was  fiivoiirable  to  agriculture,  and  there  were  also 
financial  reasons  for  this  role  of  law,  as  will  pre- 
sently appear.  The  only  case  in  which  the  colonus 
could  be  separated  from  the  land  was  that  of  his 
becoming  a  soldier,  which  must  be  considered  to 
be  done  with  the  patronus  consent,  as  the  biirden 
of  recruiting  the  army  was  imposed  on  him,  and  in 
this  instance  the  state  dispensed  with  a  general 
nile  for  reasons  of  public  convenience. 

The  colonus  paid  a  certain  yearly  rent  for  the 
land  on  which  he  lived :  the  amount  was  fixed  by 
custom  and  could  not  be  raised  ;  but  as  the  land- 
owner might  attempt  to  raise  it,  the  colonus  had  in 
such  case  for  his  protection  a  right  of  action 
against  him,  which  was  an  exception  to  the  gene- 
ral rule  above  stated.  (Cod.  zi.  tit  47.  s.  5.) 
There  were,  however,  cases  in  which  the  rent  was 
fixed  by  agreement 

A  farther  analogy  between  the  condition  of 
Servi  and  Coloni  appears  from  the  fiict  of  the  pro- 
perty of  Coloni  being  called  their  Peculium.  It  is 
nowever,  distinctly  stated  that  they  could  hold  pro- 
perty (Cod.  Theod.  v.  tit  1 1)  ;  and  the  expressions 
which  declare  that  they  could  have  nothing  **  pro- 
pria ^  (Cod.  zl  tit  49.  s.  2)  seem  merely  to  de- 
cUire  that  it  was  not  propria  in  the  sense  of  their 
having  power  to  alienate  it,  at  least  without  the 
consent  of  their  patronL  It  appears  that  a  co- 
lonus could. make  a  will,  and  that  if  he  made 
none,  his  property  went  to  his  next  of  km  ;  for  if 
a  bishop,  presbyter,  deacon,  &c.,  died  intestate 
and  witQont  kin,  his  property  went  to  the  church 


COLONATUa 

or  convent  to  which  he  belonged,  except  toA  as  Ke 
had  as  a  colonus,  which  went  to  his  patronus,  who 
with  respect  to  his  ownership  of  the  land  is  called. 
Dominus  possessionis.  (Cod.  Theod.  ▼.  tit  3.  > 
Some  classes  of  Coloni  had  a  power  of  alienating 
their  property.  (Od.  zL  tit  47.  s.  25.) 

The  hmd-taz  due  in  respect  of  the  luid  occnpied 
by  the  oolonns  was  paid  by  the  dominns  ;  but  the 
coloni  were  liable  to  the  payment  of  the  poll-tax, 
though  it  was  paid  in  the  first  instance  by  the 
dominns  who  recovered  it  from  the  ooloonik  The 
liability  of  the  colonus  to  a  poll-taz  ezplaina  why 
this  class  of  persons  was  so  important  to  the  state, 
and  why  their  condition  could  not  be  changed 
without  the  consent  of  the  state.  It  waa  only 
when  the  colonus  had  lived  as  a  free  man  for 
thirty  years  that  he  could  maintain  his  fireedom  by 
a  praescriptio,  but  Justinian  abolished  this  prae- 
scriptio, and  thus  empowered  the  dominns  to  assert 
his  right  after  any  lapse  of  time.  (Cod.  zi  tit.  4  7. 
s.  23.)  With  respect  to  their  liability  to  the  poll- 
tax,  the  coloni  were  called  irUmtariif  emski  or 
cauibua  ofinodrtV,  adweripHtii^  adacriptiUae  ctrndiUomU^ 
and  oentilnu  odteriptL  This  term  adscripdo  ap- 
pears to  have  no  rcsfer^nce  to  their  bemg  attached 
to  the  land,  but  it  refers  to  their  liability  to  the 
poll-taz  as  being  rated  hi  the  taz-booka,  and  ac- 
cordingly we  find  that  the  Greek  term  for  Ad- 
Bcriptitius  is  *EP9ir6ypa/^s, 

Am  the  Coloni  were  not  servi,  and  as  the  class 
of  Latini  and  peregrini  hardly  ezisted  in  the  lat^^r 
ages  of  the  Empire,  we  must  consider  the  Coloni 
to  have  had  the  Civitas,  such  as  it  then  was  ;  and 
it  is  a  consequence  of  this  that  they  had  oonnnbiam 
generally.  A  Constitation  of  Justinian,  however 
{Nov,  22.  c.  1 7),  declared  the  marriage  of  a  colonus, 
who  belonged  to  another  person,  and  a  free  woman 
to  be  void.  The  Constitotion  does  not  soem  to 
mean  any  thing  else  than  that  in  this  case  the 
Emperor  took  away  the  Connubium,  whether  for 
the  reasons  stated  by  Savigny,  or  for  other  reasons, 
is  immaterial.  This  specid  exception,  however, 
proves  the  general  rule  as  to  Connubium. 

The  origin  of  these  Coloni  is  uncertain.  They 
appear  to  be  referred  to  in  one  passage  of  the 
Digest  (Dig.  30.  s.  112),  nnder  the  name  of  In- 
quilinus,  a  term  which  certainly  was  sometimes 
applied  to  the  whole  dass  of  ColonL  The  passage 
states,  that  if  a  man  bequeaths,  as  a  legacy,  the 
inquiliai  without  the  praedia  to  which  they  adhere 
(sine  praediu  quibtu  adhaereHl\  it  is  a  void  legacy. 
Savigny  conceives  that  this  passage  may  be  ex- 
plained without  considering  it  to  refer  to  the 
Coloni  of  whom  we  are  speaking ;  but  the  ex- 
planation that  he  suggests,  seems  a  very  forced 
one,  and  the  same  remark  applies  to  his  explanation 
of  another  passage  in  the  Digest  (50.  tit  15.  s.  4 ). 
The  condition  of  the  old  Clients  seems  to  bear 
some  relation  to  that  of  the  Coloni,  but  all  historical 
traces  of  one  class  growing  oat  of  the  other  are 
entirely  wanting. 

Savigny  observes  that  he  does  not  perceive  any 
hiitoriail  connection  between  the  villeins  {villami) 
of  modem  Europe  and  the  Coloni,  thoqgh  there  is 
a  strong  resembhince  between  their  respective  con- 
ditions. There  were,  however,  many  important 
distinctions  ;  for  instance,  the  villein  services  due 
to  the  lord  had  nothing  corresponding  to  them  in 
the  case  of  the  Coloni,  so  fisr  as  we  know.  Some 
modem  writers  would  hastily  infer  an  historical 
coimection  of  institutions  which  hi^pen  to  have 


COLONATUS. 

Litdetao'k  Tenoret,  Mction  172, 
^c^  and  Bracton  (£dL  6.  24),  may  be  amralted  as 
to  the  incideati  of  ViUeinage. 

Thk  Tiew  of  the  cooditMa  of  the  Coloni  is  from 
Ssvign j'k  Enaj  on  the  6ab)ect,  which  is  tnnslated 
m  the  Phikkigical  Hoaemii,  toL  ii. 

The  qaesdon  of  the  origin  of  these  Coloni  is 
enadoed  at  gmk  length  by  A.  W.  Znmpt,  U^ber 
*tf  EwMi  JMwj  umd  Auforaois  Emtwiehelimg  de$ 
r««Mte  {RkmmaAe$  Muaam/Ur  PkUologU^  Nene 
F»]^  1S45).  The  author  is  of  opinion  that  the 
onpn  of  the  institntioo  is  to  be  traced  to  the 
Mttlement  of  Oennanic  peo|iIe  by  the  Roman  em- 
pa«n  vithin  the  limits  of  the  empire.  The 
<«iiest  BMntion  of  Colooi,  in  the  sense  in  which 
liis  amy  treats  of  them,  is,  as  he  states,  a  oonsti- 
totkm  of  CoBstantine  a.  d.  321  (Cod.  Theod.  9. 
tit  21.  a.  1, 2)  which,  however,  gi?es  no  infbrm- 
askm  shoat  their  condition.  But  a  later  consti- 
taiiao  of  Constaadne,  a.  d.  332  (Cod.  Theod.  5. 
to.  9,  de  fiigitiTis  ooknis)  does  give  some  infonn> 
a:iao.  tSt  condition  of  these  foreign  settlers 
I«*iDf  snee  cstaUished,  the  authw  supposes  that 
{ua  Rossaa  citiaens  might  enter  into  this  condition, 
putly  indaeed  by  the  advantage  of  getting  land, 
sod  partly,  as  be  states,  though  it  is  not  clearly 
piptaiaed^  by  legal  compulsion.  A-  constitution  of 
Theodosins  the  Younger  (Cod.  Theod.  5.  tit  4,  de 
bnais  iiilitum,  a.  3,  ed.  Wenck),  contains  some 
T&loahU  infination  on  the  colonisation  or  settle* 
aent  of  the  barbarians,  and  dechues  them  to 
Wiflcg  to  the  eonditian  expresaed  by  the  term 
Ceiooatas.  The  term  coloaus  often  occurs  in  the 
^terswhoan  excerpted  in  the  Digest  (41.  tit.  2. 
&  3a  f  5  ;  19.  tit.  2.  s.  3,  9.  §  3 ;  Id.  tit.  1. 
t.  ]3w  §  3A,  and  elsewhere)  ;  but  these  Coloni  are 
»}.ppoied  to  be  merely  a  kind  of  tenants.  The 
(OK^  n  the  IHgest  (30.  s.  112)  which  cites  a 
cusftitBtion  of  Marcus  Aurelius  and  Onmnodas, 
is  npposcd,  by  Zampt,  to  mean  ordinary  tenants 
IsirdMC,  pachter)  ;  but  it  must  be  admitted,  that 
:t  if  lather  diffiadt  to  accept  this  explanation,  as 
slreadj  oboerred.  The  word  Colonatns,  it  is 
itated,  does  not  occur  in  the  Digest ;  but  that 
B«gatiTe  htX  proTes  little.  The  most  probable 
Miktion  of  the  question  is,  that  the  condition  of 
t>e  Coloni  mentioned  in  the  Digest  was  the  model 
fif  ihe  tradition  of  the  barbarians  who  were  settled 
in  the  Roman  empire ;  and  it  is  no  objection  to 
tliii«  tkat  the  condition  of  the  barbarians  might  be 
Bade  aose  bnrdenaome  and  less  free  than  that  of 
tbe  C^tti,  who  already  existed.  Nor  is  it 
a^WBit  this  Boppoaition,  if  the  condition  of  the 
lorbonsa  Coloni  giadually  became  the  condition 
of  all  the  Colimi.  The  reasons  for  fixing  the  bar- 
banan  settlers  to  the  soil  are  obvious  enough. 
Tbe  po&y  of  the  emperors  was  to  people  the 
nsntry,  and  to  diq>eise  many  of  the  tribes  whose 
man  would  have  been  dangerous.  If  the  results 
fi  Zmapt'k  inquiry  cannot  be  admitted  to  their 
fun  eitent,  it  must  be  allowed,  that  he  has  thrown 
r^t  light  on  the  subject,  and  probably  approached 
u  Mar  as  possible  to  the  solution  of  the  difficulty, 
vith  the  exception  of  his  hypothesis,  that  the  co- 
kcatos  originated  entirely  in  the  settlement  of  these 
Wfasriaas.  It  seems  much  more  probable  that 
the  Romans  modelled  the  barbarian  settlements 
vppa  lome  institution  that  already  existed,  though 
this  existing  institution  might  not  be  precisely  the 
nne  as  that  subsequent  inatitution  to  which  the 
toa  Colonatns  was  peculiarly  iqyplied.    [O.  L.] 


COLONIA.  313 

COLCKNIA,  a  cohmy.  1.  Oruk.  The  com. 
mon  Greek  word  for  a  colony  is  iMoucia  and  for 
a  colonist  Avoucos.  We  also  find,  but  not  com- 
monly, 4wQucla  and  Ivoiacof.  (Thuc  ii  27; 
Aristoph.  jIo.  1307.)  The  former  words  have 
reference  to  their  being  wanderers  fimn  their  own 
home ;  the  latter  words  to  their  settling  in  a  new 
home.  The  term  JcXn^ovx^a  indicates  a  division 
of  conquered  lands  among  Athenian  citixens,  and 
those  who  occupied  sueh  lands  were  called  jcXi|. 
P^ot:  but  as  they  were  thus  colonists,  we  some- 
times  find  the  general  term  of  Ivoutoi  applied  to 
them.  (Thuc.  v.  116.)  (VSmel,  JM  Duerimim 
VoeabtUormm  m\3fipwx^*t  aroucor,  Iroocot,  Frank- 
fort, 1839.) 

The  earlier  Cheek  colonies  were  usually  com* 
posed  of  mere  bands  of  adventurers,  who  left  their 
native  country,  with  their  fomilies  and  property, 
to  seek  a  new  home  for  themselveiL  Some  of  the 
colonies,  which  arose  in  consequence  of  foreign 
invasion  or  civil  wars,  were  undertaken  without 
any  formal  consent  f^m  the  reit  of  the  com- 
munity ;  but  usually  a  colony  was  sent  out  with 
the  approbation  of  the  mother  country,  and  under 
the  management  of  a  leader  (okior^f)  appointed 
by  it  But  whatever  may  have  been  the  origin 
of  the  colony,  it  was  always  considered  in  a 
political  point  of  view  independent  of  the  mother 
country  (called  by  the  Greeks  ^irp^oA^r),  and 
entirely  emancipated  from  iU  control  At  the  same 
time,  though  a  colony  %tm  in  no  political  subjection 
to  iU  parent  state,  it  was  united  to  it  by  the  ties 
of  filial  afiection ;  and,  according  to  the  generally 
received  opinions  of  the  Greeks,  iU  duties  to  the 
parent  state  corresponded  to  those  of  a  daughter  to 
her  mother.  (Dionys.  iii.  7  ;  Polyb^  xii.  10.  §  3.) 
Hence^  in  all  matters  of  common  interest,  the 
colony  gave  precedence  to  the  mother  state ;  and 
the  founder  of  tbe  colony  {oUurHis),  who  might 
be  considered  as  the  representative  of  the  parent 
state,  was  usually  worshipped,  after  his  death,  as  a 
hero.  (Herod,  vi  38 ;  Thuc.  v.  1 1 ;  Diod.  xi.  66, 
XX.  102.)  Also,  when  the  colony  became  in  its 
turn  a  parent,  it  usually  sought  a  leader  for  the 
colony  which  it  intended  to  found  frnm  the  ori- 
ginal mother  country  (Thuc.  I  24)  ;  and  the  same 
feeling  of  respect  was  manifested  bv  embassies 
which  were  sent  to  honour  the  principal  festivals 
of  tbe  parent  state  (Diod.  xii.  30 ;  Wesseling,  ad 
loc)^  and  also  by  bestowing  plsces  of  honour  and 
other  marks  of  respect  upon  the  ambassadors  and 
other  members  of  the  parent  state,  when  they 
visited  the  colony  at  festivals  and  similar  occasions. 
(Thuc.  I  25.)  The  colonists  ^Lm  worshipped  in 
their  new  settlement  the  same  deities  as  they  had 
been  accustomed  to  honour  in  their  native  country ; 
the  sacred  fire,  which  was  constantly  kept  burn- 
ing on  their  public  hearth,  was  taken  from  the 
Prytaneium  of  the  parent  city ;  and,  according  to 
one  account,  the  priests  who  ministered  to  the  gods 
in  the  colony,  were  brought  from  the  parent  state. 
(SchoL  ad  Thuc,  i.  25 ;  compare  Tacit.  Aim,  ii.  54.) 
In  the  same  spirit,  it  was  considered  a  violation 
of  sacred  ties  for  a  mother  country  and  a  colony 
to  make  war  upon  one  another.  (Herod,  viil  22 ; 
Thuc.  L  38.) 

The  preceding  account  of  the  relations  between 
the  Greek  colonies  and  the  mother  country  is 
elucidated  by  the  history  which  Thucydidcs  gives 
us  of  the  quarrel  between  Corcyra  and  Corinth. 
Corcyra  was  a  colony  of  Corinth,  and  Epidamnua 


814 


COLONIA. 


a  oolony  of  Corcyn ;  bat  the  leader  (chcurffis)  of 
the  colony  of  Epidanmiis  was  a  Corinthian  who 
was  inyited  from  the  metropolis  Corinth.  In 
coune  of  time,  in  consequence  of  ciril  dissensions 
and  attacks  from  the  neighbouring  barbarians,  the 
Epidamnians  applied  for  aid  to  Corcyra,  but  their 
request  was  rejected.  Thej  next  applied  to  the 
Corinthians,  who  took  Epidamnns  under  their 
protection,  thinking,  says  Thocydides,  that  the 
colony  was  no  less  theirs  than  the  Corinthians* : 
and  alao  induced  to  do  so  through  hatred  of  the 
Corcyraeans,  because  they  neglected  them  though 
they  were  colonists ;  for  they  did  not  give  to  the 
Corinthians  the  customary  honours  and  deference 
in  the  public  solemnities  and  sacrifices  as  the  other 
colonies  were  wont  to  pay  to  the  mother  country. 
The  Corcyraeans  who  had  become  very  powerful 
by  sea,  took  offence  at  the  Corinthians  receiving 
Bpidamnus  under  their  protection,  and  the  result 
was  a  war  between  Corcyra  and  Corinth.  The 
Corcyraeans  sent  ambassadors  to  Athens  to  ask 
assistance ;  and  in  reply  to  the  objection  that  they 
were  a  colony  of  Corinth,  they  said  **  that  every 
colony,  as  long  as  it  is  treated  kindly,  respects  the 
mother  country :  but  when  it  is  injured,  is  alienated 
from  it ;  for  colonists  are  not  sent  out  as  subjects, 
but  that  they  may  have  equal  rights  with  those 
that  remain  at  home."    (Thuc  L  34.) 

It  is  true  that  ambitious  states,  such  as  Athens, 
sometimes  claimed  dominion  over  other  states  on 
the  groimd  of  relationship  ;  but,  as  a  general  rule, 
colonies  may  be  regarded  as  independent  states, 
attached  to  their  metropolis  by  ties  of  sympathy 
and  common  descent,  but  no  further.  The  case  of 
Potidaea,  to  which  the  Corinthians  sent  annually 
the  chief  magistrates  (hifuovpyoC),  appears  to  have 
been  an  exception  to  the  general  rule.  (Thuc  i 
56.) 

The  icXt}povxtai,  of  which  mention  was  made 
above,  were  colonies  of  an  entirely  different  kind 
from  the  &iroiic(eu,  of  which  we  have  hitherto  been 
speaking.  They  belonged  exclusively  to  the 
Athenians ;  and  the  earliest  example  to  which  the 
term,  in  its  strict  sense,  is  applicable,  is  the  occu- 
pation of  the  domains  of  the  Chalcidian  knights 
(iTiro^^oi)  by  four  thousand  Athenian  citizens, 
B.  c.  506.     (Herod,  v.  77 ;  comp.  vi.  100.) 

In  assigning  a  date  to  the  commencement  of 
this  system  of  colonisation,  we  must  remember 
that  the  principle  of  a  division  of  conquered  lands 
had  existed  from  time  immemorial  in  the  Grecian 
■  states.  Nature  herself  seemed  to  intend  that  the 
Greek  should  role  and  the  barbarian  obey ;  and 
hence,  in  the  case  of  the  barbarian,  it  wore  no  ap- 
pearance of  harshness.  Such  a  system,  however, 
was  more  rare  between  Greek  and  Greek.  Yet 
the  Dorians  in  their  conquest  of  the  Peloponnese, 
and  still  more  remarkably  in  the  subjugation  of 
Messenia,  had  set  an  example.  In  what  then  did 
the  Athenian  KKripovxia*  differ  from  this  division 
of  territory,  or  from  the  ancient  colonies  ?  In  the 
first  place  the  name,  in  its  technical  sense,  was  of 
later  date,  and  the  Greek  would  not  have  spoken 
of  the  k\ripovxicu  of  Lycurgus,  any  more  than 
the  Roman  of  the  '*  Agrarian  laws  ^  of  Romulus 
or  Ancus.  Secondly,  we  should  remember  that 
the  term  was  always  used  with  a  reference  to  the 
original  allotment :  as  the  lands  were  devised  or 
transferred,  and  the  idea  of  the  first  division  lost 
sight  of,  it  would  gradually  cease  to  be  applied. 
7hu  distinction,  however,  between  xXripovxoi  and 


COLONIA, 

iwoucot  was  not  merely  one  of  words  but  of  thmgij 
The  earlier  colonies  usually  originated  m  privsii 
enterprise,  and  became  independent  o^  and  lo^ 
their  interest  in,  the  parent  state.  Oa  the  othg 
hand,  it  was  essentud  to  the  reiy  notion  of  j 
KKripouxia  that  it  should  be  a  public  enterprizj 
and  should  always  retain  a  connection  more  or  ki 
intimate  with  Athens  hersell  The  word  icXiipoiixij 
conveys  the  notion  of  property  to  be  expected  ani 
formally  appropriated:  whereas  the  iwoatoi  (^ 
ancient  times  went  out  to  conquer  lauds  fiar  tb«a 
selves,  not  to  divide  those  which  were  alresdj 
conquered. 

The  connection  with  the  parent  state  sab8iste<^ 
as  has  been  just  hinted,  in  all  degrees.  Som^ 
times,  as  in  the  case  of  Lesbos,  the  holders  of  laa^ 
did  not  reside  upon  their  estates,  but  let  them  u 
the  original  inhabitants,  while  themselves  remaind 
at  Athens.  (Bikkh^PMicEoon.ofAtiaUy^m 
2nd  ed.)  The  condition  of  these  kKh^ovxk  diij 
not  differ  from  that  of  Athenian  citizens  who  bad 
estates  in  Attica.  All  their  political  rights  tbe^^ 
not  only  retained,  but  exercised  as  Athenians;  iii 
the  capacity  of  landholders  of  Lesbos  they  coaii 
scarcely  have  been  reoegnised  by  the  state,  or  hav^ 
borne  any  corporate  relation  to  it.  Another  caM 
was  where  the  KXripovxoi  resided  on  their  estates^ 
and  either  with  or  without  the  old  inhabitants, 
formed  a  new  community.  These  still  retaiod 
the  rights  of  Athenian  citizens,  which  distance 
only  precluded  them  from  exercising :  thej  used! 
the  Athenian  courts ;  and  if  they  or  their  chil- 
dren wished  to  return  to  Athens,  naturally  and  4 
course  they  regained  the  exercise  of  their  fonoer 
privileges.  Of  this  we  have  the  most  positive 
proof  (Bbckh,  Ibid.  p.  429) :  as  the  object  of  these 
tcXfipovxieu  was  to  form  outposts  for  the  defence  of 
Athenian  commerce,  it  was  the  interest  of  the 
parent  state  to  unite  them  by  a  tie  as  kindl?  u 
possible :  and  it  cannot  be  supposed  that  indi- 
viduala  would  have  been  found  to  risk,  in  a  doubt- 
ful enterprise,  the  rights  of  Athenian  citicens. 

Sometimes,  however,  the  connection  might  gra- 
dually dissolve,  and  the  KXiypovxoc  sink  into  the 
condition  of  mere  allies,  or  separate  wholly  from 
the  mother  country.  In  Aegina,  Scione^  Potidaea, 
and  other  places,  where  the  original  oommonitj 
was  done  away,  the  colonists  were  most  oompletelj 
under  the  control  of  Athens.  Where  the  old  in- 
habitants were  left  unmolested,  we  may  conceive 
their  admixture  to  have  had  a  twofold  effect: 
either  the  new  comers  would  make  common  aate 
with  them,  and  thus  would  arise  the  alienatioa 
alluded  to  above  ;  or  jealousy  and  dread  of  the 
ancient  inhabitants  might  make  the  colonists  nore 
entirely  dependent  on  the  mother  state.  It  seems 
impossible  to  define  accurately  when  the  isopdite 
relation  with  Athens  may  have  ceased,  althoogh 
such  cases  undoubtedly  occurred. 

A  question  has  been  raised  as  to  whether  the 
K\7jpovxoi  were  among  the  Athenian  ttibutaric* 
Probably  this  depended  a  good  deal  upon  the  pros- 
perity of  the  colony.  We  cannot  cooceire  that 
colonies  which  were  established  as  miiitaiy  oat- 
posts,  in  otherwise  un&vourable  situations,  would 
bear  such  a  burthen  :  at  the  same  time  it  seeins 
improbable  that  the  state  would  unneccssinl; 
forego  the  tribute  which  it  had  preriouslyrpccivcd, 
where  the  hmds  had  formeriy  belonged  to  tributary 
allies. 

It  was  to  Peridcs  Athens  was  chiefly  indebted 


COLONIA. 

lorifeeztennon  and  pcfmanence  ol  Imt  coloaid 
Hit  principal  object  was  to  proiida 
«f  popoiatioD,  and  zaiae  the 
to  a  fintime  becoming  the  digfnitj 
It  was  of  this  dan  of 
the  aettlsiB  ireic  diiefly  eompoaed;  the 
I  pnmded  them  with  am*,  and  defrayed  the 
cxpaMea  of  their  jomncy.  The  princmle  of  diri- 
ttCB,  diMibtlwi^  wmM,  that  all  who  wished  to  par- 
ake  in  the  ad^renture,  applied  Tohmtarily  ;  it  was 
iib»  dctcnniiied  by  lot  who  should  or  should  aot 
reesve  a  shaie.  Soaietimes  they  had  a  leader  ap- 
pceaied,  who,  after  death,  netrrtd  all  the  honoon 
•f  the  tender  of  a  cokny  (oomrHftt). 

The  Clenduae  wwe  lost  by  the  battle  of  Aegofr- 
psaosi,  bat  partially  restored  on  the  reTiTal  of 


COLONIA. 


315 


(SpsBhom,  Dm  Um  €i  FrmuL  Nwmitm,  toL  i 
p.  5^,  Ac ;  Buugainfille^  Qmd$  Hoimt  Ut  droih 
iliv  mitujiimittt  Cfnegmm  amr  let  eoUmiet^  Ae^  Paris, 
i745;  Hcyne,  IM  Vaitrum  OoUnmantm  Jme 
wjaf^  Comma,  QatL  1766,  also  in  Optuemla,  toL  i 
p.'2S0;Sfliate  Crob^IMtEtmtetdmSortdetOoUmim 
i0Miaw/Viyb«,Philadelphie,1779;  Hegewisch, 
Gm^.  wmd  HUL  Nadtriddem^  dm  Colomm  dsr 
Oriad^  ii*HlfanMr,  Altona,  1 806 ;  Baool-Rochetto, 
Hidomt  entifmt  de  tEjMitmmmU  dm  Colome$ 
Gnejmea^  Paiia,  1816,  4  Yoh. ;  Wichers,  JM 
Cchnu  Vetermm^  Gnmingae,  1825;  Pfeffukom, 
Die  Ckkmimder  Ait-^Meekm^KikafSihag,  1838; 
HefMon,  Ldkrimtk  der  OrieA.  SkuUaaltk.  §73. 
Ac;  WmAamath^Hdlm,Altmrtktmuk.wllT^95^ 
2ad  ed. ;  Schgnmnn,  AuHq.  Jwns  PmUiei  Graeo, 
pL4ll,&e.;  Bflckh,  FMm  Eeom.  of  Alkem,  p. 
424,  dec)  [B.  J.] 

1  RoMAR.  The  word  coknia  contains  the  Mme 
eUaoit  as  the  Terb  oojsrii^  **■  to  enltiTate,**  and  as 
the  v«rd  oolomn,  which  probably  originally  signified 
s^'tiiierQf  theeaxth.**  The  finglish  word  colony, 
vhich  is  derived  from  the  Latin,  perhaps  expresses 
tke  Bodon  oontained  in  this  word  mors  neariy 
tlisn  ii  generally  the  ease  in  laeh  adopted  terms. 

A  kud  of  ooloDioBtion  seems  to  oaTo  existed 
saoog  the  oldest  Italian  nations,  who,  on  certain 
orcsaons,  sent  oat  their  soperfluoos  male  popo- 
IstioD,  wkh  aims  in  their  hands  (icpdk  ye^t),  to 
leckibr  a  new  home.  (Dionyi.  Aniiq.  Rom,  L  16.) 
Bat  these  wen  apparently  mere  bands  of  adTcn- 
tnzen,  snd  sndi  colonies  rather  resembled  the  old 
Gie^  eoloaiea,  than  those  by  whieh  Rome  ex- 
taided  ha  dmainittn  and  her  name. 

Cclonin  were  established  by  the  Romans  as  fu 
bad:  m  the  amuda  or  traditions  of  the  city  extend, 
sad  the  paactaee  was  continued  during  the  republic 
sad  aader  the  empire.  Sigonios  (JM  AnHqmo 
Jm9  ftaNm,  pi  215,  &&)  enumerates  six  main 
caun  or  reaaoDsiHuch,  from  time  to  time,  induced 
the  Roraaas  to  aend  out  colonies  ;  and  these 
ama  sfe  eooneeted  with  many  memorable  events 
is  Roman  history.  Colonies  were  intended  to 
keep  in  deck  a  conquered  people,  and  also  to 
RpRM  hostile  iacursioiis,  as  in  the  case  of  the 
cdsDj  of  Nania  {lAr.  x.  10),  which  was  founded 
t>ch^  the  Umbri  ;  and  Mmtnmae  and  Sinueasa 
(x.  21),  Cremona  and  Plaoentia  (xxrii.  46\  which 
«ae  fiaaaded  for  similar  poxposesL  Cicero  (De 
If^Agr.  ii.27)  calls  the  old  Italian  colonies  the 
^'pnpngnacttla  imperii  ; **  and  in  another  passage 
[Pn  Fmd.  e.  1)  he  caUs  Narbo  Martins  (Nar- 
btttse),  which  was  in  the  prorincia  Gallia,  ^  Co- 
Vosis  Borttmm  ciTium,  specula  popnli  Romani  et 


propugnaculnm.*  Another  object  was  to  increase 
the  power  of  Rome  by  increasing  the  population. 
(Liv.  xxrii  9.)  Sometimes  the  uimedwte  object 
of  a  colony  was  to  carry  off  a  number  of  turbulent 
and  discontented  permns.  Colonies  were  also 
estaUished  for  the  purpose  of  proriding  for  Teteraa 
Boldien,  a  pmctioe  which  was  begun  under  the 
republic  (Liv.  xxxL  4X  and  eontinued  under  the 
emperors :  these  ooloniae  were  called  militares. 

It  is  remarked  by  Snabo  (p.  316.  ed.  CasauK), 
when  speakkig  of  the  Roamn  colonies  in  the  north 
of  Italy,  that  the  ancient  names  of  the  pteces  were 
retained,  and  that  though  the  people  in  his  time 
were  all  Roman,  they  were  called  by  the  names  of 
the  prerious  occupiers  of  the  soil.  This  foct  is  in 
aecwdanee  with  the  character  of  the  old  Roman 
colonies,  which  were  in  the  nature  of  garrisons 
phmted  in  eonquered  towns,  and  the  colonists  had 
a  portion  of  the  conquered  territory  (usually  a  third 
part)  assigned  to  them.  The  inhabitants  retained 
the  rest  of  their  lands,  and  lived  together  with  the 
new  settlien,  who  alone  composed  the  proper  eo> 
lony.  <Dionys.^«^.  i?oai.ii.5SL)  The  conquered 
people  must  at  first  have  been  quite  a  distinct 
chiss  from,  and  infivior  to,  the  colonists.  The 
definition  of  a  colonia  by  Oellins  (xri  IS)  will 
appear,  from  what  has  been  mid,  to  be  soiBcientlr 
exact:  —  **  £x  ciritate  quasi  propagatae  —  popui 
Romsni  quasi  effigies  panrae  smnuaaaque.** 

No  colonia  was  established  without  a  lex,  plo- 
biscitam,  or  senatasconsultum  ;  a  het  which  liiows 
that  a  Roman  colony  was  never  a  mere  body  of 
adventurers,  but  had  a  regular  organisation  by  the 
parent  state.  According  to  an  ancient  definition 
quoted  by  Niebufar  (Serv.  od  Vuy,  Am,  L  1 2),  a 
colony  is  a  body  of  citisens,  or  socii,  sent  out  to 
possem  a  commonwealth,  with  the  approbation  of 
their  own  state,  or  by  a  public  act  of  that  people 
to  whom  thcT  belong  ;  snd  it  is  added,  those  are 
colonieo  which  are  founded  br  public  act,  not  by 
any  seoesrion.  Many  of  the  laws  whidi  relate  to 
the  establishment  of  coloniae  were  leges  agmriae, 
or  laws  fi>r  the  division  and  assignment  of  public 
lands,  of  which  Sigonius  has  given  a  list  m  his 
work  already  referred  to. 

When  a  law  was  pasted  for  founding  a  colony, 
penons  were  appointed  to  superintend  its  forma- 
tion {eolomam  dedueere).  These  persons  varied  in 
number,  but  three  was  a  ooaunon  number  {trimM- 
mri  ad  colomoe  deducendoe^  Liv.  xxxvii.  46,  vl  21 ). 
We  also  read  of  duumriri,  quinqueviri,  vigintiviri 
for  the  same  purpose.  The  law  fixed  the  qnantitr 
of  land  that  was  to  be  distributed,  and  how  much 
was  to  be  assigned  to  each  permn.  No  Roman 
could  be  sent  out  as  a  ooknust  without  his  free 
consent,  and  when  the  colony  was  not  an  inviting 
one,  it  was  difficult  to  fill  up  the  number  of  volun> 
teecs.    (Liv.  vi.  21,  x.  21.) 

Roman  citisens  who  were  willing  to  go  out  as 
members  of  a  colony  gave  in  their  names  at  Rome 
(•ooMMi  dedentnt^  Liv.  i.  ]  1,  the  first  time  that  he 
has  occasion  to  use  the  expremion).  Cicero  (Pro 
Dom,  c  30)  says  that  Roman  citisens  who  chose 
to  become  members  of  a  Latin  colony  must  go  vo- 
luntarily (audoree  JbeH)^  for  this  was  a  capitis 
deminutio  ;  and  in  another  passage  (Fro  Csuetn, 
33)  he  alleges  the  foct  of  Roman  citizens  going 
out  in  Latin  colonies  as  a  proof  thai  loss  of  civitas 
must  be  a  voluntary  act.  It  is  true  that  a  memhc  r 
of  a  Ktmaan  colony  would  sustain  no  capitis  de^ 
minutio^  but  in  this  case  also  there  seems  no  reason. 


816 


COLOKIA. 


ton  tapposing  that  he  ever  joined  such  a  colony, 
without  his  consent. 

The  colonia  proceeded  to  its  place  of  destination 
in  the  form  of  an  army  {tub  veanUo\  which  is  in- 
dicated on  the  coins  of  some  coioniae.  An  urbs,  if 
one  did  not  already  exist,  was  a  necessary  part  of 
a  new  colony,  and  its  limits  were  marked  out  by 
a  plough,  which  is  also  indicated  on  ancient  coins. 
The  colonia  had  also  a  territory,  which,  whether 
marked  out  by  the  plough  or  not  (Cic  PhiL  ii.  40), 
was  at  least  marked  out  by  metes  and  bounds. 
Thus  the  urbs  and  territory  of  the  colonia  re- 
spectiyely  corresponded  to  the  urbs  Roma  and  its 
territory.  Religious  ceremonies  always  accom- 
panied the  foundation  of  the  colony,  and  the  an- 
niversary was  afterwards  observed.  (Plutarch, 
C,  Graockus,  11  ;  Servius,  ad  Aen,  r.  755  ;  Cic 
cul  Attic,  iv.  1).  It  is  stated  that  a  colony  could 
not  be  sent  out  to  the  same  place  to  which  a 
colony  had  already  been  sent  in  due  form  (otupi- 
ccUo  deducta).  This  merely  means  that  so  long  as 
the  colony  maintained  its  existence,  there  eould  be 
no  new  colony  in  the  same  place  ;  a  doctrine  that 
would  hardly  need  proo^  for  a  new  colony  implied 
a  new  assignment  of  lands  ;  but  new  settlers  (nori 
adscripti)  might  be  sent  to  occupy  colonial  lands 
not  abneady  assigned.  (Liv.  vi.  30  ;  Cic.  PkU,  iL 
40.)  Indeed  it  was  not  unusual  for  a  colony  to 
receive  a  ntpplBTMniumj  as  in  the  case  of  Venusia 
(Liv.  xxxL  49),  and  in  other  cases  (Tacit.  Ann. 
xiv.  27) ;  and  a  colony  might  be  re-established,  if 
it  seemed  necessary,  from  any  cause  ;  and  under 
the  emperors  such  re-establishment  might  be 
entirely  arbitrary,  and  done  to  gratify  personal 
vanity,  or  from  any  other  motive.  (Tacit.  Ann, 
xiv.  27.  Puteoli ;  and  the  note  iu  Oberlin^s 
Tacitus.) 

The  commissioners  appointed  to  conduct  the 
colony  had  apparently  a  profitable  office,  and  the 
establishment  of  a  new  settlement  gave  employ- 
ment to  numerous  fimctionaries,  among  whom 
Cicero  enumerates  —  apparitores,  scribae,  librarii, 
praecones,  architecti.  The  foundation  of  a  colony 
might  then,  in  many  cases,  not  only  be  a  mere 
party  measure,  carried  for  the  purpose  of  gaining 
popularity,  but  it  would  give  those  in  power  an 
opportunity  of  providing  pUoes  for  many  of  their 
friends. 

A  colonia  was  a  part  of  the  Roman  state,  and  it 
bod  a  res  publica;  but  its  relation  to  the  parent  state 
might  vary.  In  Livy  (xxxix.  55)  the  question 
was  whether  Aquileia  should  be  a  colonia  civinm 
Romanomm,  or  a  Latina  colonia  ;  a  question  that 
had  no  reference  to  the  persons  who  should  form 
the  colony,  but  to  their  political  rights  with  respect 
to  Rome  as  members  of  the  colony.  The  members 
of  a  Roman  colony  (oolonia  dvmm  Romanorum) 
must,  as  the  term  itself  implies,  have  always  had 
the  same  righu,  which,  as  citizens,  they  would  have 
at  Rome.  [Civitas.]  They  were,  as  Niebuhr 
remarks,  in  the  old  Roman  colonies,  **  the  populus ; 
the  old  inhabitants,  the  commonalty.**  These  two 
bodies  may,  in  course  of  time,  have  frequently 
formed  one  ;  but  there  could  be  no  political  union 
between  them  till  the  old  inhabitants  obtained  the 
commercium  and  connubium,  in  other  words,  the 
civitas  ;  and  it  is  probable  that  among  the  various 
causes  which  weakened  the  old  colonies,  and  ren- 
dered new  supplies  of  colonists  necessary,  we 
should  enumerate  the  want  of  Roman  women  ;  for 
the  children  of  a  Roman  were  not  Roman  citizens 


COLONIA- 

unless  his  wife  was  a  Roman,  or  unless  shebdooig^ 
to  a  people  with  which  there  was  eoonubiuoL 

It  is  miportaut  to  form  a  precise  notian  of  t] 
relation  of  an  ancient  Roman  eolonia  to  Rm 
That  the  colonists,  as  ahnady  observed,  had  all  t] 
righu  of  Roman  cidxens,  is  a  fact  capable  of  pd 
feet  demonstration ;  though  most  writers,  foUowi^ 
Sigonius,  have  supposed  that  Roman  dtixou, } 
beaming  members  of  a  Roman  colony,  lost  t] 
suffzagium  and  honores,  and  did  not  obtam  thfi 
till  anor  the  passing  of  the  Julia  lex.  Such  i 
opinion  is  inconsistent  with  the  notion  of  Rom 
citizenship  [Civitas],  whieh  was  a  personal,  not 
local  right ;  and  it  is  dso  inconsistent  with  the  r^ 
principTe  of  Roman  polity  appoxent  in  the  eitabliej 
ment  of  Roman  colonies.  Further,  the  loss  of  t£ 
suffiagium  and  honores  would  have  been  a  iped^ 
of  capitis  deminntao,  and  it  is  dear,  from  vk 
Cicero  says  of  the  consequences  of  a  Roman  volu] 
tarily  joining  a  Latin  colony,  that  no  such  caasi 
quences  resulted  from  becoming  a  member  of 
Roman  colony.  If  a  Roman  eyer  became  a  rnemU 
of  a  Roman  colony  without  his  consent,  it  muj 
have  been  in  the  early  ages  of  the  state,  when  tb 
colonies  still  retained  their  garrison  chaiacter,  an< 
to  join  a  colony  was  a  kind  of  military  service ;  bd 
such  a  duty  to  protect  the  state,  instead  of  impiy 
ing  any  loss  of  privilege,  justifies  quite  a  diffem^ 
conclusion. 

Puteoli,  Salemum,  Buxentnm  were  colonial 
civium  Romanomm  (Liv.  xxxiy.  45)  ;  the  Fereo^ 
tinates  made  a  chum,  that  Latini  who  should  gir^ 
in  their  names  as  willing  to  join  a  oolonia  civiud 
Romanomm,  should  thereby  become  cives  Bomsni 
Some  Latini  who  had  given  in  their  namefl  ibi 
the  coioniae  of  Puteoli,  Salemum,  and  Baxentom^ 
thereupon  assumed  to  act  as  dyes  Romani,  bot  the 
senate  would  not  allow  their  daim.  This  ftboTi, 
if  it  requires  showing,  that  the  cives  of  Romanae 
coioniae  continued  to  be  civet  Ronumi.  (Ur. 
xxxiv.  42.) 

It  is  somewhat  more  difficult  to  state  what  was 
the  condition  of  those  conquered  people  smoo; 
whom  the  Romans  sent  their  odonists.  The/ 
were  not  Roman  dtizens,  nor  yet  were  tbey  awii ; 
still  they  were  in  a  sense  a  part  of  the  Romafl 
state,  and  in  a  sense  they  were  cives,  though  cef* 
tainly  they  had  not  the  suffiagium,  and  p«rhapi 
originally  not  the  connubium.  It  is  ptohehk 
that  they  had  the  commerrium,  but  even  this  ii 
not  certain.  They  might  be  a  part  of  the  RoDoan 
dvitas  without  being  cives,  and  the  difficulty  of 
ascertaining  their  precise  condition  is  incrcaied  br 
the  circumstance  of  the  word  dvitas  being  uad 
loosdy  by  the  Roman  writers.  If  they  were  civa 
in  a  sense,  this  word  imported  no  privilege ;  for  it 
is  certain  that,  by  being  incorporated  in  the  R'*''"^ 
state  as  a  conquered  people,  tiiey  lost  all  power  of 
administering  their  own  aifiun,  and  obtained  no 
share  in  the  administration  of  the  Roman  state ; 
they  had  not  the  honourable  rank  of  locii,  and 
they  were  subject  to  military  service  and  taxauon. 
They  lost  all  jurisdictio,  and  it  is  probable  thrt 
they  were  brought  entirely  within  the  nxlei  and 
procedure  of  the  Roman  law,  so  fiir  as  tbat  w 
practicable.  Eyen  the  commercium  and  connu- 
bium with  the  people  of  their  own  stock,  were  wm^ 
times  tak^  from  them  (Liv.  ir.  43,  viii  W^  T 
thus  they  were  disunited  from  their  own  nation 
and  made  a  part  of  the  Roman  state,  without  bavi^ 
the  full  dvitas.    So  for,  then,  was  the  ctvitas  (wiu^- 


COLONIA. 

Kt  tke  nfiaghim)  from  being  alwajri  a  desirable 
cGsditkm,  as  MMse  writers  hare  nipposed,  that  it 
vas  in  iaet  the  badge  oi  Mrritade ;  and  aome  states 
evsa  preCefred  th<ar  fanner  relation  to  RoDMi|  to 
being  ioeorponted  with  it  as  complete  citisens.  It 
^rpeaa  th»t,  in  some  cases  at  least,  a  praefectns 
psi  dkimdo  was  sent  from  Rome  to  administer 
jasdce  aaiang  the  conqQeted  people,  and  between 
thea  aad  tbe  coknL  It  appears  also  to  be  desriy 
pntvd  bj  nvmenms  instances,  that  the  condition 
o£  the  eooqnered  people  among  whom  a  colony  was 
fCBt,  was  not  originaUy  always  the  same  ;  some- 
thag  depended  on  the  resistance  of  the  people, 
aad  the  temper  of  the  Romans,  at  the  time  of  the 
ccB^oess  or  anurender.  Thus  the  conqaered  Italian 
tens  ni^t  originally  baTe  the  dritas  in  different 
degrees;,  omtQ  they  all  finally  obtained  the  complete 
dritas  by  recei-ring  the  soffragium  ;  some  of  thnn 
obtained  it  befiiie  the  social  war,  and  others  by 
the  Jobalex. 

The  nature  of  a  Latin  colony  will  appear  soffi- 
deitly  from  what  is  said  here,  and  in  the  artides 
CrnT.AS  and  Latinitas. 

Besides  these  coloniae,  there  were  colonise  Italid 
juris,  as  sene  wrhets  term  them ;  bat  which  in  fisct 
voe  net  5*J<w»^**-  Sigonins,  and  most  subsequent 
writen,  have  considered  the  Jus  Italicnm  as  a  per- 
iooal  right,  like  the  Civitas  and  Latinitas ;  but 
SaT%By  has  shown  it  to  be  quite  a  difEerent  thing. 
The  yaa  Itslicnm  was  granted  to  favoured  proTincial 
cities ;  it  was  a  gnmt  to  the  conmiunity,  not  to  the 
iadindaals  composing  it.  This  right  consisted  in 
i^itariaa  ownership  of  the  sofl  (commerdumX 
sad  iu  appurtenant  o^Mwity  of  mandpatio,  usu- 
capna,  and  Tindicatio,  togetho'  with  freedom  from 
taxes  ;  and  also  in  a  municipal  constitution,  after 
tbe  £uhion  of  the  Italian  towns,  with  duumviri, 
fmimjaomsles,  aediles,  and  a  jurisdictio.  Many 
pnmadsl  towns  which  possessed  the  jus  Italicum, 
save  so  their  coins  the  figure  of  a  standing  Silenus, 


COLONIA. 


817 


TUP.  M.  IVL.  PHILIPP. 

Philip,  A.  D.  245—249. 


ABL.  MVNICIP.  CO. 

Coela  or  Coelos  (Plin. 
iy.  11,12)  inthcThra- 
dan  Chersonesus. 


vith  the  hand  raised,  which  was  the  peculiar 
■ymbel  of  municipal  liberty.  {Obetmdut  Afarnfo^ 
Hoot  5U.  L  6.  120.)  Pliny  (iii.  3  and  21)  has 
nwDtianed  several  towns  that  had  the  jus  Italicum ; 
sad  LBgdonnm,  Vienna  (in  Dauphin^,  and  colonia 
Agrippinensis  had  this  privil^e.  It  follows  from 
the  natnre  of  this  privilege,  XhaX  towns  which  had 
the  Latinitas  or  the  Civitas,  which  was  a  personal 
privilege,  might  not  Imve  the  jus  Italicum  ;  but  the 
towns  which  had  the  jus  Italicum  could  hardly  be 
aoT  other  than  those  which  had  the  dvitas  or 
Ta»wi;^^  and  we  cannot  conodve  that  it  was  ever 
givea  to  a  tovni  of  Peregrini. 

The  colonial  system  of  Rome,  which  originated 
in  the  esiiiest  ages,  was  weD  adapted  to  str^igthen 
sad  extend  her  power — ^  By  the  odonies  the 


empire  was  consolidated,  the  decay  of  population 
cheidced,  the  unity  of  the  nation  and  of  the  km- 
guagediflfused.^*  (Machiavelli,  quoted  by  Niebubr.) 
The  countries  which  the  Romans  conquered  within 
the  limits  of  Italy,  were  inhabited  by  nations  that 
Cultivated  the  soil  and  had  dties.  To  destroy  such  a 
population  was  not  possible  nor  politic  ;  but  it  vras 
a  wise  policy  to  take  part  of  their  lands,  and  to 
plant  bodies  of  Roman  dtiaens,  and  also  Latiiuie 
coloniae,  among  the  conquered  people.  The  power 
of  Rome  over  her  colonies  was  derived,  as  Niebuhr 
has  well  remarked,  **  From  the  supremacy  of  the 
parent  state,  to  which  the  colonies  of  Rome,  like 
sons  in  a  Roman  fiimily,  even  after  they  had  grown 
to  maturity,  continued  unalterably  subject.*'  In 
fret,  the  notion  of  the  patria  potestas  will  be  found 
to  lie  at  the  foundation  of  the  institutions  of  Rome. 
The  prindples  of  the  system  of  colonisation  were 
fully  established  in  the  early  ages  of  Rome ;  but  the 
cdonies  had  a  more  purely  military  character,  that 
is,  were  composed  of  soldiers,  in  the  latter  part  of 
the  republic,  and  under  the  earlier  emperors.  The 
first  colony  established  beyond  the  limits  of  Italy 
was  Carthsgo  (Veil  ii.  15)  ;  Narbo  Martins  was 
the  next  Nemausus  (Nimes)  was  made  a  colony 
by  Augustus,  an  event  which  is  commemorated  by 
medals  (Rasche,  Laricom  Rei  A^umariae\  and  an 
extant  inscription  at  Nimes. 


In  addition  to  the  evidence  from  written  books  of 
the  numerous  colonies  established  by  the  Romans 
in  Italy,  and  subsequently  in  all  parts  of  the  empire, 
we  have  the  testimony  of  medals  and  inscriptions, 
in  which  COL.,  the  abbreviation  of  colonia,  indi- 
cates this  foct,  or,  as  in  the  case  of  Sinope,  the  Greek 
inscription  KOAXINEIA.  Septimins  Sevems  made 
Tyre  a  colonia  Veteranomm  (Rasche,  Lexicon  Rei 
Nwnariae^  Tynu).  The  prodigious  activity  of  Rome 
in  settling  colonies  in  Italy  is  apparent  from  the  list 
given  by  Frontinus  or  the  Pseudo-Frontinus  {De 
Coloniis),  most  of  which  appear  to  have  been  old 
towns,  which  were  either  wailed,  when  the  colony 
was  founded,  or  strengthened  by  new  defences. 

Colonies  were  sometimes  established  under  the 
late  republic  and  the  empire  with  drcumstances 
of  great  oppression,  and  lands  were  assigned  to  the 
veterans  without  regard  to  existing  rights. 

Under  the  emperors,  all  legislative  authority 
being  then  virtually  in  them,  the  foundation 
of  a  colony  was  an  act  of  imperial  grace,  and 
often  merely  a  title  of  honour  conferred  on  some 
fiivoured  spot.  Thus  M.  Anrelius  raised  to  the 
rank  of  colonia  the  small  town  (vicus)  of  Halale, 
at  the  foot  of  Taurus,  where  his  virife  Faustina 
died.  (Jul.  CapitoL  3f.  Ant,  Philoi.  c.  26.)  The 
old  military  colonies  were  composed  of  whole 
legions,  with  their  tribunes  and  centurions,  who 
being  united  by  mutual  affection,  composed  a 
political  body  {reepubUca) ;  but  it  was  a  com- 
plaint in  the  time  of  Nero,  that  soldiers,  who  were 


S18 


COLONIA. 


ttmngen  to  one  another,  without  any  head,  with- 
out any  bond  of  union,  were  suddenly  brought  to- 
gether on  one  ipot,  **  numenu  magit  quam  colonia  '* 
(Tacit  Ann.  zir.  27).  And  on  the  occaaion  of  the 
mutiny  of  the  legions  in  Pannonia,  upon  the  ac- 
cession of  Tiberius,  it  was  one  ground  of  oompkunt, 
that  the  soldiers,  after  serving  thirty  or  forty 
years,  were  separated,  and  dispersed  in  remote 
parts  ;  where  they  reoeiTod,  under  the  name  of  a 
grant  of  lands  (per  nomen  affronim)^  swampy  tracts 
and  barren  mountains.     (Tadt.  Ann,  i  17.) 

It  remains  briefly  to  state  what  was  the  internal 
constitution  of  a  colonia. 

In  the  later  times  of  the  republic,  the  Roman 
state  consisted  of  two  distinct  organised  parts, 
Italy  and  the  PnTinces.  ^  Italy  consisted  of  a 
great  number  of  republics  (in  the  Roman  sense  of 
the  term),  whose  citizens,  after  the  Italian  war,  be- 
came members  of  the  sovereign  people.  The  com- 
mnnities  of  these  citiaens  were  subjects  of  the 
Roman  people,  yet  the  internal  admmistration  of 
the  communities  belonged  to  themselyes.  This 
free  municipal  constitution  was  the  ftmdamental 
characteristic  of  Italy  ;  and  the  same  remark  will 
apply  to  both  principal  classes  of  such  constitu- 
tions, municipia,  and  coloniae.  That  diatinction 
which  made  a  place  into  a  praefcctura,  is  men- 
tioned afterwards  ;  and  fora,  conciliabula,  castella, 
are  merely  smaller  communities,  with  an  incom- 
plete  oiganisation.^*  (Savigny.)  As  in  Rome,  so 
in  the  colonies,  the  popular  assembly  had  originally 
the  sovereign  power ;  they  chose  the  magistrates, 
and  could  even  make  laws.  (Cic.  De  Leg,  iii.  16.) 
When  the  popular  assemblies  became  a  mere  form 
in  Rome,  and  the  elections  were  transferred  by 
Tiberius  to  the  senate,  the  same  thing  happened 
in  the  colonies,  whose  senates  then  acquired  what- 
ever power  had  once  belonged  to  the  community. 

The  common  name  of  this  senate  was  ordo  de- 
curionum  ;  in  later  times,  simply  ordo  and  curia ; 
the  members  of  it  were  decuriones  or  curiales. 
(Dig.  50.  tit.  2.  De  Deeuriombus,  SlcJ)  Thus, 
in  the  later  ages,  curia  is  opposed  to  senatus, 
the  former  being  the  senate  of  a  colony,  and  the 
latter  the  senate  of  Rome.  But  the  terms  senatus 
and  senator  were  also  applied  to  the  senate  and 
members  of  the  senate  of  a  colony,  both  by  his- 
torians, in  inscriptions,  and  in  public  rocords ;  aa,  for 
instance,  in  the  Heracleotic  Tablet,  which  contained 
a  Roman  lex.  After  the  dodine  of  the  popular 
assemblies,  the  senate  had  the  whole  internal  ad- 
ministration of  a  city,  conjointly  with  the  magis- 
tratus ;  but  only  a  decurio  could  be  a  magistratus, 
and  the  choice  was  made  by  the  decuriones. 
Augustus  seems  to  have  laid  the  foundation  for 
this  practical  change  in  the  constitution  of  the 
colonies  in  Italy.  All  the  citizens  had  the  right 
of  voting  at  Rome ;  but  such  a  privilege  would  be 
useless  to  most  of  the  citixens  ca  account  of  their 
distance  from  Rome.  Augustus  (Sueton.  c.46) 
devised  a  new  method  of  voting :  the  decuriones 
sent  the  votes  in  writing,  and  under  seal,  to 
Rome ;  but  the  decuriones  only  voted.  Though 
this  was  a  matter  of  no  importance  after  Tiberius 
bad  transferred  the  elections  at  Rome  £rom  the 
popular  assemblies  to  the  senate,  this  measure  of 
Augustus  would  clearly  prepare  the  way  for  the 
pre-eminence  of  the  decuriones,  and  the  decline  of 
the  popular  power. 

The  highest  magistratus  of  a  colonia  were  the 
duumviri  (Cic.  Agr,  Leg,  il  34,  ad  AUio,  ii.  6),  | 


COLONIA. 

or  quattttonriri,  so  called,  as  the  nonben  aigkt 
vary,  whose  functions  may  be  compared  with  tbte 
of  ihe  consulate  at  Rome  before  the  estaUishme&t 
of  the  praetorship^  The  name  duumviri  seenu  lo 
have  been  the  most  common.  Their  principiJ 
duties  were  the  administratioD  of  justice,  sad  ac- 
cordingly we  find  on  mscriptions  **  DamuTiri  J. 
D."  (jmi  diamdo\  •*  Quattuonriri  J.  D."  Tber 
were  styled  magisteatos  pre-eminently,  though  tlw 
name  magistratus  was  properly  and  orignaSy  the 
most  general  name  for  all  peraoni  who  filled  similar 
situations.  The  name  conaol  also  ooeun  in  id. 
scriptions  to  denote  this  chief  magistncy;  and 
even  dictator  and  praetor  oocur  mtdor  the  empire 
and  under  the  republic  The  office  of  the  dnimiTin 
lasted  a  year.  Savigny  shows  that  under  the  re- 
public the  jurisdictio  of  the  duumviri  in  dvil 
matters  was  unlimited,  and  that  it  was  only  Doder 
the  empire  that  it  was  leatricted  in  the  mamia 
which  appears  from  the  extant  Roman  law. 

In  some  Italian  towns  there  was  a  pnefectiu 
juri  dicundo ;  he  was  in  the  place  o^  and  not  co- 
existent with,  duumviri.  The  dnnmviri  were,  as 
we  have  seen,  originally  choaen  by  the  people ; 
but  the  praefectus  was  appointed  annaaUy  ia 
Rome  (Livy,  xxvi  16),  and  sent  to  the  tovn 
called  a  praefecturs,  which  might  be  «ther  a  mo- 
nidpium  or  a  colonia,  for  it  was  only  in  the  matter 
of  the  praefectus  that  a  town  called  a  pnefectan 
differed  from  other  Italian  towns.  (}apiui,  i^icfa 
was  taken  by  the  Romans  in  the  second  Punie 
war,  was  made  a  praefectora.  (VelL  iL  44,  and 
the  note  of  Reimanis  on  Dion  Cassios,  xzxviii.  7.) 
Arpinum  is  called  both  a  munidpium  and  a  pnu^- 
fectura  (Cic.  ad  Fmm,  xiii.  11;  Festua,  «.c 
JPrae/eetmra) ;  and  Cicero,  a  native  of  this  place, 
obtained  the  highest  honoon  that  Rome  oould 
confer. 

The  censor,  curator,  or  quinqnennalis,  aQ  which 
names  denote  the  same  fimctionaiy,  was  slao  t 
munidpal  magistrate,  and  coirespooded  to  the 
censor  at  Rome,  and  in  some  cases,  perhaps,  ts 
the  quaestor  also,  (^nsors  are  mentioned  in  Linr 
(xxix.  15)  as  magistrates  of  the  twelve  Latin 
colonies.  The  quinquennales  were  sometimes 
duumviri,  sometimes  quattuorviri ;  but  they  aw 
always  carefrilly  distinguished  from  the  dn^m^'ili 
and  quattuorviri  J.  D. ;  and  their  foactioiu  aie 
clearly  shown  by  Savigny  to  have  been  those  of 
censors.  They  held  their  office  for  one  year,  and 
during  the  four  intermediate  years  the  fonctioDi 
were  not  exercised.  The  office  of  censor  or  qnin- 
quennalia  was  higher  in  rank  than  that  of  the 
duumviri  J.  D.,  and  it  could  only  be  filled  by  those 
who  had  discharged  the  other  offices  of  the  rnnrn- 
eipality. 

For  a  more  complete  accomit  of  the  oigsnisstion 
of  these  munidpalities,  and  of  their  fitte  under  the 
empire,  the  reader  is  referred  to  an  admimhie 
chapter  in  Savigny  {Cktehiekie  deg  Ba»>  M^h 
&c  voL  i  p.  16,  &C.). 

The  terms  municipium  and  municipei  nqoire 
explanation  in  connection  with  the  present  sfthject, 
and  the  explanation  of  them  will  render  tbenabire 
of  a  praefectuza  still  dearer.  One  kind  of  mniiKi- 
pium  was  a  body  of  ponsons  who  ttfere  not  (Fco^ 
«.  V,  Mtmidpium)  Roman  dtisens,  but  poM^sed  ail 
the  righu  of  Roman  citiiens  except  the  sd&igi^ 
and  the  honores.  But  the  communities  Mvmeiated 
as  examples  of  this  kind  at  mnnicipium  sre  wf 
Fundani,  Formiani,  Cumani,  Aceznuiii  Imsh^t^* 


COLONIA. 

sbA  Tuokfu,  wliich  were  conquered  states  (Lir. 
tm  1 4),  ad  xeeeiTed  the  oTitas  withoat  the  suf- 
c^ioja;  and  all  these  pbces  Rceired  the  coat- 
^W  OTitas  before  the  sodal  war,  or,  as  Festas 
exppeeaea  it,  "^Fost  aliquot  annos  cives  RoBuii 
^kcd  sunt.'*  It  is  siogiilar  that  another  ancient 
definitioa  d  this  dass  a  munidpia  says,  that  the 
persoBs  who  had  the  r%hts  of  Roman  dtiaens, 
esoept  the  hoDoica,  werv  OTes ;  and  among  snch 
coaraunities  are  cmuneiatcd  the  Comani,  Acei^ 
lasi,  and  AteUani  This  discrepancy  merely 
■kfw  that  the  later  Roman  writers  used  the  word 
c:ns  in  a  waj  loose  sense,  which  we  cannot  he 
icipriied  aft,  as  they  wrote  at  a  time  when  these 
diia&etkss  had  oened.  Another  kind  of  muni- 
dfiimi  was,  when  a  ciTitas  was  completely  incor- 
poEBXcd  wiA  the  Roman  state ;  as  in  the  case  of 
the  Aiagnini  (ItiT.  is.  23X  Caerites,  and  Ajricini, 
nbdcsBipletelj  lost  all  internal  administration  of 
tWir  cities ;  wkfle  the  Tusculani  and  Lanuvini  le- 
uiacd  their  intenml  comstitntion,  and  their  magis- 
twe  csU^  a  dictator.  A  third  class  of  munidpia 
V3S  those  whoae  inhafastants  possessed  the  full 
fiirikges  of  Roman  dtiaens,  and  also  the  internal 
admaiitzation  of  their  own  dties,  as  the  Tiburtes, 
Pnenestini,  Pisani,  Urbinates,  Nolani,  Bonmi- 
cuEs,  Pbccntiiii,  Nepesini,  Sotrini,  and  Lncrenses, 
iLseenses?).  The  first  five  of  these  were  dritates 
fodoram ;  and  the  second  five,  eoloniae  T«atiuae : 
they  all  became  mmiicipia,  but  only  by  the  effect 
of  the  Julia  Lex,  B.C.  90. 

It  lias  also  been  already  said  that  a  prsefectora 
vasao  called  from  the  drenmstanee  of  a  piaefeetus 
J.D.  bdng  sent  there  frnn  Rome.    Those  towns 
is  Italy  were  called  praefiBctaxae,  says  Festus,  **  In 
qiiibBs  et  jus  dicebatur  et  nundmae  agebantnr,  et 
foi  qiaedam  eamm    respublica,   neque    tamen 
aadstratos  roos  habebant ;  in  quas  legibus  piee- 
feed  Bittebantor  qnotannis,  qui   jus  diceient/^ 
T\sBB  a  pmelectora  had  a  respublica,  but  no  nuuris- 
tiatss.  Festas  then  makes  two  divisions  of  piaeftc- 
tniae.  To  the  first  didsion  were  sent  four  piaefecti 
ckaen  at  Rome  {popuU  atj^roffio) ;  and  he  enu- 
Buntes  ten  places  in  Campania  to  which  these 
iiaattoflrdri  were  sent,  and  among  them  Chmiae  and 
Accna,  which  were  munidpia;  and  Yoltumum, 
Litemam,  and  Pateoli,  which  were  Roman  colonies 
otaUiihed  after  the  second   Punic  war.     The 
leoiiid  didsioa  of  praefectanie  comprised  those 
pbon  to  which  the  praetor  urbanus  sent  a  prae- 
fectns  erery  year,  namely.  Fundi,  Formiae,  Caere^ 
VcBofiiun,  AllifiK,  Priremnm,  Anagnia,  Frosino^ 
Keate,  Satamia,  Nursia,  Arpinum,  aliaque  com« 
pbza.    Only  one  of  them,  Sa^uxnia,  was  a  colony 
of  Ronan  dtiaens  (Lit.  xxxix.  55) ;  the  rest  are 
mcBici|Ba.    It  is  the  conclusion  of  Zimipt  that  all 
ti»  mmicipia  of  the  older  period,  that  is,  up  to  the 
bioe  when  the  complete  dritas  was  given  to  the 
Latini  snd  the  sodi,  woe  praefectorae,  and  that 
taaae  of  the  colonies  of  Roman  citizens  were  also 
pae&dan&     Now  as  the  praefectos  was  ap- 
pofflted  fior  the  purpose  of  administering  justice 
{jvi  4iemdo\  and  was  annually  sent  from  Rome, 
it  ajipeats  that  this  was  one  among  the  many  ad- 
mirable parts  of  the  Roman  polity  for  maintaining 
bratony  in  the  whole  political  system  by  a  nni- 
fonmty  of  law  and  procedure.    The  name  prae- 
fetoua  continued  after  the  year  B.a  90 ;  but  it 
■ttot  that,  in  some  places  at  least,  this  functionary 
enaed  to  be  sent  finom  Rome,  and  varioos  praefec- 
tuae  acquired  the  privilege  of  having  magistraUis 


COLONIA. 


310 


of  thdr  own  choosing,  as  in  the  case  of  Puteoli, 
a&  63w  (Cic.  Dt  Leg,  Agr,  ii  31.)  The  first 
class  w  kind  of  piaefecti,  the  quattuorviri,  who 
were  sent  into  Csmpania,  was  abolished  by  Au- 
gustas, in  oonfimnity  with  the  general  tenor  of  his 
policy,  B.C.  13.  After  the  pasnng  of  the  Julm 
Lex  de  Civitate,  the  dties  of  the  socii  which  re- 
ceived the  Roman  dvitas,  still  retained  their  in- 
ternal conadtntion ;  but,  with  respect  to  Rome, 
were  all  induded  under  the  name  of  munidpia : 
thus  Tibur  and  Praeneste,  which  were  Latmae 
dvilatea,  then  became  Roman  manidpuk  On  the 
other  hand,  Bononia  and  Luca  which  were  origin- 
ally Latinae  colonise,  also  beeam?  Roman  mu- 
mcipia  in  consequence  of  receiving  the  Roman 
dvitas,  though  they  retained  their  old  colonial 
constitution  and  the  name  of  colonia.  Thus 
Cieen  (m  Pia.  c.  23)  could  with  propriety  call 
Placentia  a  munidpium,  though  in  its  origm  it 
was  a  Latin  colonia ;  and  in  the  orsdon  Pro  Seat. 
(c  14)  he  enumerates  munidpia,  eoloniae,  and 
piaefecturae,  as  the  three  kinds  of  towns  or  com- 
munities under  which  were  comprehended  all  the 
towns  of  Italy.  The  testimony  of  the  Hersdeotie 
tablet  is  to  the  like  eflfect ;  fer  it  speaks  of  muni- 
dpia, eoloniae,  and  pnefectunae  as  the  three  kinds 
of  places  whidi  had  a  magistratus  of  some  kind,  to 
which  enumeration  it  adds  fixrs  and  conciliabula,  as 
comprehending  ail  the  kinds  of  phwes  in  which 
bodies  of  Roman  dtiaens  dwdt 

It  thus  appeals  thai  the  name  munidpium, 
which  originally  had  the  meanings  already  given, 
acquired  a  narrower  unport  after  B.C.  90,  and  in 
thk  narrower  import  signified  the  ciritates  sodonun 
and  eoloniae  Latmae,  which  then  became  complete 
memben  of  the  Roman  state.  Thus  there  was 
then  really  no  difference  between  these  municipia 
and  the  cdoniae,  except  in  their  historical  origin, 
and  in  their  original  internal  constitution.  The 
Roman  hiw  prevailed  in  both. 

The  fdlowing  recapitulation  nu^  be  useful :  — 
The  old  Roman  colonics  (ctui'am  Romamomm)  were 
placed  in  conquered  towns ;  and  the  colonists  con> 
tinned  to  be  Roman  dtiaens.  These  colonies  were 
near  Rome  (Liv.  i.  11,  27,  56,  iL2],  39),  and  few 
in  number.  Probably  some  of  the  old  Latinae  eolo- 
niae were  establiahed  by  the  Romans  in  conjunction 
with  other  Latin  states  (AnHum).  After  the  con- 
quest of  Latium,  Latinae  eoloniae  were  established 
by  the  Romans  in  various  parts  of  Italy.  These 
colonies  should  be  distingushed  from  the  colonies 
civium  Romanoiuin,  inasmuch  as  they  ara  some- 
times called  eoloniae  populi  Romani,  though  ther 
were  not  eoloniae  drinm  Romanorum.  (Lir.  xxvii. 
9,  xxix.  15.)  Roman  dtizens  who  chose  to  join 
such  colonies,  gave  up  their  civic  rights  for  the 
more  solid  advantage  of  a  giant  of  land. 

When  Latin  colonies  began  to  be  established, 
few  Roman  colonies  were  founded  imtil  after  the 
close  of  the  second  Punic  vrsr  (b.&  201),  and 
these  few  were  chiefly  maritime  oolonies  (Aiumr^ 
&c.).  These  Latin  colonies  were  subject  to  and 
part  of  the  Roman  state;  but  they  had  not  the 
dvitas :  they  had  no  political  bond  among  them- 
sdves ;  but  they  had  the  administration  of  their 
internal  affiura*  The  colonies  of  the  Gracchi  were 
Roman  colonies ;  but  their  object,  like  that  of  sub- 
sequent Agrarian  laws,  was  merely  to  provide  for 
the  poorer  citisens :  the  old  Roman  and  the  Latin 
cdonies  had  for  their  object  the  extension  and 
conservation  of  the  Roman  empire  in  Italy.    After 


320 


COLORES. 


the  paasing  of  the  Lex  Julia,  which  gave  the 
ciyitas  to  the  socii  and  the  Latin  colonies,  the 
object  of  establishing  Roman  and  Latin  colonies 
ceased  ;  and  military  colonies  were  thenceforward 
settled  in  Italy,  and,  under  the  emperors,  in  the 
provinces.  (Plin.  NaL  HuL  iiL  4.)  These  military 
colonies  had  the  civitas,  such  as  it  then  was  ;  but 
their  internal  organisation  might  be  various. 

The  following  references,  in  addition  to  those 
already  given,  unll  direct  the  reader  to  abundant 
sources  of  information :  —  (Sigonius,  De  Jure  An- 
tiquo^  &C.  ;  Niebuhr,  Roman  History ;  Savigny, 
Ueber  das  Jus  Itatieum^  Zeitsckr,  voL  v. ;  TainUae 
Ileradeenses.  Mcuoehi^  Neap.  1754  ;  Savigny,  Z>er 
Romiscks  Volkssekluss  der  Ta/sl  vo»  Heradea; 
and  Rudorff,  Ueber  die  Lea  Mamilia  de  Cohnus, 
Zeitsckr,  voL  ix.  ;  Rndorfi^  Das  Ackergesetz  von 
Sp,  Thorius^  and  Puchta,  Ueber  den  InkaJt  der 
Lex  Rebna  de  QaUia  Cisa^ina,  Zeiladkr.  vol  z. ; 
Beaufort,  Rep,  Rom,  r.  p.  278—308  ;  Madvig, 
Opuscula^  De  Jure  et  (JondiUone  Cohmamm  Populi 
Romaniy  Hauniae,  1834 ;  Zumpt,  Ueber  den 
Unterschied  der  Benemmngen,  Afumdpiumy  ColomOy 
Prae/edura,  Berim,  1840.)  [G.  L.] 

COLO'RES.  The  Greeks  and  Romans  had 
a  very  extensive  acquaintance  with  colours  as 
pigments..  Book  viL  of  Vitruvius  and  several 
chapters  of  books  xxxiiL  xxxiv.  and  xxxv.  of 
Pliny*s  Natural  History,  contain  much  interesting 
matter  upon  their  nature  and  composition ;  and 
these  works,  together  with  what  is  contained  in 
book  V.  of  Dioscorides,  and  some  remarks  in 
Theophrastus  (^De  Lapidibus\  constitute  the  whole 
of  our  information  of  any  importance  upon  the 
subject  of  ancient  pigments.  From  these  sources, 
through  the  experiments  and  observations  of  Sir 
Humphry  Davy  {PhiL  Trans,  of  the  Royal  Society^ 
1815)  on  some  remains  of  ancient  colours  and 
paintmgs  in  the  baths  of  Titus  and  of  Livia,  and 
in  other  ruins  of  antiquity,  we  are  enabled  to  col- 
lect a  tolerably  satis&ctory  account  of  the  colour- 
ing materials  employed  by  the  Greek  and  Roman 
painters. 

The  painting  of  the  Greeks  is  very  generally 
considered  to  have  been  inferior  to  their  sculpture; 
this  partially  arises  from  very  imperfect  inform- 
ation, and  a  very  erroneous  notion  respecting  the 
resources  of  the  Greek  painters  in  colouring.  The 
error  originated  apparently  with  Pliny  himself, 
who  says  (xxxv.  32),  '^Quatuor  coloribus  solis 
immortalia  ilia  opera  fecere,  ex  albis  Melino,  ex 
silaceis  Attico,  ex  rubris  Sinopide  Pontics,  ex 
nigris  atramento,  Apelles,  Echion,  Melanthius, 
Neoomachus,  clanssimi  pictores  ;^  and  (xxxv.  36), 
**  Legentes  meminerint  omnia  ea  quatuor  coloribus 
&cta.**  This  mistake,  as  Sir  H.  Davy  has  sup- 
posed,  may  have  arisen  from  an  imperfect  recollec- 
tion of  a  passage  in  Cicero  (BrutuSj  c  18),  which, 
however,  directly  contradicts  the  statement  of 
Pliny: — "In  pictura  Zenxim  et  Polygnotum,  et 
Timanthem,  et  eorum,  qui  non  sunt  nsi  plusquam 
quattuor  coloribus,  formas  et  lineamenta  laudamus: 
at  in  Echione,  Nicomacho,  Protogene,  Apelle  jam 
perfecta  sunt  omnia."  Here  Cicero  extols  the 
design  and  drawing  of  Polygnotus,  Zenxis,  and 
Timanthes,  and  those  who  used  but  four  colours ; 
and  observes  in  contradistinction,  that  in  Echion, 
Nicomachus,  Protogenes,  and  Apelles,  all  things 
were  perfect  But  the  remark  of  Pliny,  that 
Apelles,  Echion,  Melanthius,  and  Niconuichus  used 
but  four  colours,  including  both  black  and  white 


COLORES. 

to  the  exclusion  of  all  blue  (nnless  we  nndeistao^ 
by  "  ex  nigris  atramento  **  black  and  indigo),  is 
evidently  an  error,  independent  of  its  oontiadictioft 
to  Cicero ;  and  the  conclusion  drawn  by  some  from 
it  and  the  remark  of  Cicero,  that  the  early  Greek 
painters  were  acquainted  with  bnt  four  pigmeou, 
is  equally  without  foundadon.  Pliny  himself 
speaks  of  two  other  colours^  besides  the  four  in 
question,  which  were  used  by  the  eariiest  pamtm; 
the  testa^trita  (xxxv.  5)  and  cimtabaris  or  Termiliaiv 
which  he  calls  also  minium  (xxxiiL  36).  He 
mentions  also  (xxxv.  21)  the  Eretrian  earth  used 
by  Nicomachus,  and  the  eUpkatUimiun^  or  ivoty- 
black,  used  by  Apelles  (xxxv.  25),  thus  txmtn- 
dieting  himself  when  he  asserted  that  Apelles  aod 
Nicomachus  used  but  four  ooloors.  The  above 
tradition,  and  the  simp^  color  of  QuintiliaB(Ora(. 
Instil,  xii.  10),  are  our  only  authorities  for  deiBniof 
any  limits  to  the  use  of  colours  by  the  eariy  Greeks, 
as  applied  to  painting ,  but  we  have  no  aatfaoritT 
whatever  for  supposiug  that  they  were  limited  in 
any  remarkable  way  in  their  aequainianee  with 
them.  That  the  paintefs  of  the  eariiest  pericd 
had  not  such  abundant  resources  in  this  depart- 
ment of  art  as  those  of  the  later,  is  quite  consisteot 
with  experience,  and  does  not  require  demonstta- 
tion ;  but  to  suppose  that  they  were  confiDed  to 
four  pigments  is  quite  a  gratuitous  supposition, 
and  is  opposed   to  both    reason    and  eridence. 

[PiCTCHA.] 

Sir  H.  Davy  also  analysed  the  colouis  cf  the 
so-called  "  Aldobrandini  marriage,"  all  the  reds 
and  yellows  of  which  he  discovered  to  be  ochres ; 
the  blues  and  greens,  to  be  oxides  of  copper ;  the 
blacks  all  carbonaceous  ;  the  browns,  mixtures  of 
ochres  and  black,  and  some  containing  oxide  of 
manganese ;  the  whites  were  all  carimostes  of 
lime. 

The  reds  discovered  m  an  earthen  vase  contus- 
ing a  variety  of  colours,  were,  red  oxide  of  iesd 
(mtitmm),  and  two  iron  ochres  of  different  tints,  a 
dull  red,  and  a  purplish  red  neariy  of  the  same 
tint  as  prnssiate  of  copper ;  they  were  all  mixed 
with  chalk  or  carbonate  of  lime.  The  ydlovs 
were  pure  ochres  with  carbonate  of  lime,  and 
ochre  mixed  with  minium  and  carbonate  of  lima 
The  blues  were  oxides  of  copper  with  csrbonate 
of  lime.  Sir  H.  Davy  discovered  a  frit  made  by 
means  of  soda  and  coloured  with  oxide  of  copper, 
approaching  ultramarine  in  tint,  which  he  nip- 
posed  to  be  the  frit  of  Alexandria ;  its  composition, 
he  says,  was  perfect  — "  that  of  embodying  the 
colour  in  a  composition  resembling  stone,  bo  as  to 
prevent  the  escape  of  elastic  matter  from  it,  or  the 
decomposing  action  of  the  elements ;  thii  ii  a 
species  of  artificial  lapis  lazuli,  the  colouring  matter 
of  which  is  naturally  inherent  in  a  hard  siliceou 
stone.** 

Of  greens  there  were  many  shades,  all,  however, 
either  carbonate  or  oxide  of  copper,  mixed  with 
carbonate  of  lime.  The  browns  consisted  of  ocbret 
calcined,  and  oxides  of  iron  and  of  raanganeie,and 
compounds  of  ochres  and  blacks  Sir  H.  Dayr 
could  not  ascertain  whether  the  lake  which  he  dii- 
covered  was  of  animal  or  of  vegetable  origin ;  if  of 
animal,  he  supposed  that  it  was  very  probably  the 
Tyrian  or  marine  purple.  He  discovered  alio  a 
colour  which  he  supposed  to  be  black  wad,  <t 
hydrated  binoxide  c^  manganese;  also  a  black 
colour  composed  of  chalk,  mixed  with  the  ink  o> 
the  sepia  officinalis  or  cuttle-  fish.    The  tisnsparent 


COLOR£S. 

Kae  glass  of  tlie  uidciits  he  foond  to  be  gtabed 
with  oude  of  cobalt,  and  the  poiple  with  oxide  of 


C0L0RE8. 


331 


The  feOowing  Set,  eompfled  fitmi  the  different 
wBtci  of  oar  inlbniatioo  concenuag  the  pigments 
kaown  to  the  anrients  ^"fl  ierre  to  eonTeyan 
k:?a  of  the  great  reeoorces  of  the  Qreek  and  Ro- 
irja  painten  in  this  deputment  of  their  art ;  and 
mbkfc,  in  the  ofpinion  of  Sir  H.  Davy,  were  fiillv 
7^  to  the  nrnmrna  of  the  great  Italian  painten 
a  ;iie  lixtecnth  eentarj: — 

Rxn.  The  andent  reds  were  very  numeroos. 
Kin^apt^  /dx-rosy  camtAms^  cbnahar,  Termilion, 
Ij^ipharei  of  meranj,  calkd  ako  by  Pliny  and 
Mtrvrioa  »dmi. 

Thenivdtt^  *U9ucAw^  cumabanM  TmUca^  mtn- 
ti.«d  by  Plinj  and  Dioacorides,  was  what  is 
T^dgariy  oBed  dragon'k-Uood,  the  resin  obtained 
^jm  Tsrioos  specica  of  the  calamus  palm. 

MUtos  seema  to  hare  had  Tarioos  significa- 
tnas ;  it  was  used  Ibr  emaa&ans,  mmisiii,  tA  lead, 
and  nArieoj  red  ochre.  There  were  Yarioos  kinds 
rf  nMaw,  the  Cqipadodaa,  the  E^ptian,  the 
Spsoish,  and  the  Lenmian;  all  were;,  howeTer, 
Jri  iroa  ozidea,  of  which  the  beat  were  the 
L<KiQ3B,  fiom  the  isle  of  Lenmot,  and  the  Gap- 
pa^^iBB,  called  by  the  Ramans  rnbiica  Stnopica, 
W  tbe  Gredcs2iv«rr{5,  from  Sinope  in  Faphlaurania, 
^^Heace  it  was  first  bronght  There  was  abo  an 
African  nbriea  called  doerealitm. 

Hiaiam,  red  oxide  of  lead,  red  lead,  was  called 
^J  the  Romans  eenun  asta,  and,  aceoiding  to 
Yknnina,  nmiamAa;  by  the  Greeks,  itiKrott 
as^  aceozding  to  Dioacoiides  (r.  122),  <rar8c^(iin|. 
P^y  tells  as  that  it  was  discovered  through  the 
sctideBtal  calcination  of  some  eenism  (white  lead) 
by  a  fire  in  the  Peiraeeos,  and  was  first  used  as  a 
I%3X8t  by  Nidas  of  Athens,  about  330  b.  a 

The  Rooan  sandaracha  seems  to  have  had 
^vra  ^gnificatitma,  and  it  is  evidently  used 
^rfewtly  by  the  Greek  and  Roman  writers. 
Plniy  ipcaks  of  different  shades  of  sandaracha, 
^  pale  or  masncot  (yellow  oxide  of  lead),  and  a 
BTixtore  of  the  pale  with  minium ;  it  apparendy 
>^s%infied  realgar  or  the  red  sulphuret  of  arsenic : 
^hrre  was  also  a  compound  colour  of  equal  parts  of 
sia^aiadB  and  rabrica  cdcined,  called  sandyx, 
rM>i^  Sir  H.  I>aTy  supposed  this  colour  to  ap- 
pnach  oor  crimson  in  tint;  in  pointing  it  was 
^«stiy  glased  with  purple  to  give  it  additional 

PKny  speaks  of  a  daik  ochre  from  the  isle  of 
^rraiy  whidi  he  calls  Syricum  ;  but  he  says  also 
tiat  rt  was  made  by  mixing  sandyx  with  rubrica 

bCejpiCL 

YxLLow.  Yellow  ochre,  hydrated  peroxide  of 
iK^^  tke  a?  of  the  Romans,  the  6xP«  ^  the  Greeks, 
^^d  the  base  of  many  other  yellows  mixed  with 
^^eta  coloorB  and  carbonate  of  lime.  Ochre  was 
prncared  from  different  parts  ;  the  Attic  was  con- 
Etdend  the  best ;  it  was  first  used  in  painting,  ac- 
<^iing  to  Pliny,  by  Polygnotus  and  Micon,  at 
AtJsfiu,  about  460  n.  a 

'Ap^rrac^,  aaryyiaatfasi,  orpiment  (yellow 
nlpboret  of  axaenic),  was  also  an  important  yel- 
I»v ;  bat  k  has  not  been  discovered  in  any  of  the 
*oaent  paiBlinasL  The  sandaracha  has  been  al- 
KadrmentioDol. 

OuxN.  d/^voeoflo,  'Xfiv<r6tcoSXa^  which  ap- 
poa  to  have  b^iA  green  carbonate  of  copper  or 
' '  B  (green  verditer),  was  the  green  most  ap- 


proved of  by  the  ancients ;  its  tint  depended  upon 
the  quantity  of  carbonate  of  lime  mixed  vnth  it 

Pliny  mentions  various  kinds  of  veidigris  (dia- 
cetato  of  copper),  oemgo^  Us,  Us  x«^Mt%  f^pria 
<wni^,  and  aeraoa,  and  a  partaeahv  prepaimtion  of 
verdigris  called  soo&nd.  Sir  H.  Davy  supposes 
the  ancients  to  have  used  also  acetate  of  copper 
(dbtilled  verdigris)  as  a  pigment  Besides  the 
above  were  several  green  earths,  all  cupreous 
oxides:  TkeodctUm  (BcoS^ior),  so  called  fiora 
being  found  upon  the  estate  of  Theodotius,  near 
Smyrna  ;  Ajppiammm;  and  the  creto  etrttfw,  com- 
mon green  earth  of  Veitin& 

BLUa.  The  ancient  blues  were  also  very 
nnmeions ;  the  principal  of  these  was  oaemfomi, 
«fw»»,  axure,  a  species  of  verditer  or  blue  carbo- 
nate  of  copper,  of  which  there  were  many  varieties. 
It  was  generally  mixed  with  carbonate  of  lime. 
Vitiuvius  and  Pliny  speak  of  the  Alexandrian, 
the  Cyprian,  and  the  Scythian ;  the  Alexandrian 
was  the  most  valued,  as  approaching  nearest  to 
ultramarine.  It  was  made  aJso  at  Possuoli  by  a 
certain  Vestorius,  who  had  learnt  the  method  of  iu 
preparation  in  Egypt ;  this  was  distinguished  by 
the  name  of  codom.  There  was  also  a  washed 
caeruleum  called  lammimm^  and  an  inferior  descrip- 
tion  of  this  called  trihtm. 

It  appean  that  ultramarine  (hipis  buuli)  was 
known  to  the  ancients  under  the  name  of  Armt- 
mum,  'Apftdi^mf,  from  Armenia,  whence  it  was 
procured.  Sulphuret  of  sodium  is  the  colouring 
principle  of  lapis  lasuli,  according  to  M.  Gmelin  of 
Tlibingen. 

Ind^,  Indiemm^  'lydijc^r,  was  well  known  to 
the  ancients. 

Cobalt.  The  ancient  name  for  this  mineral  is 
not  known  ;  but  it  has  been  supposed  to  be  the 
Xa\M6s  of  Theophrastus,  which  ne  mentions  was 
used  for  staining  ghiss.  No  cobalt,  however,  has 
been  discovered  in  any  of  the  remains  of  ancient 
painting. 

PuRPLR.  The  andents  had  also  several  kinds 
of  purple,  purpurwum^  o«<nmi,  kytgimm,  and 
various  compound  colours.  The  most  valiuble  of 
these  was  the  pttrpurissmny  prepared  by  mixing 
the  creta  argentaria  with  the  purple  secretion  of 
the  muiex  (irop^^). 

Ifytffitntmj  Sayufw  (fhyii,  woad?),  according  to 
Vitruvius,  is  a  colour  between  scarlet  and  purple. 

The  Roman  ottrmn  was  a  compound  of  red 
ochre  and  blue  oxide  of  copper. 

Vitruvius  mentions  a  purple  which  was  obtained 
by  cooling  the  oekra  usta  with  wine  vinegar. 

RMm  radvt^  madder-root 

Brown.  Oekra  asfti,  burnt  ochre.  The  browns 
were  ochres  calcined,  oxides  of  iron  and  of  manga- 
nese, and  compounds  of  ochres  and  blacks. 

Black,  atrcmenhun,  iiiXam.  The  ancient 
blacks  were  mostly  carixMiaceous.  The  best  for 
the  purposes  of  painting  were  dephoKtitrnm,  Ac-. 
^drrirar,  ivory-black  ;  and  iryffinum,  rp^tpow, 
vine-black,  made  of  burnt  vine  twigs.  The  former 
was  used  by  Apelles,  the  ktter  by  Polygnotus  ana 
Micon. 

The  airamentwn  Indicum,  mentioned  by  Pliny 
and  VitruriuB,  was  probably  the  Chinese  Indian 
ink.  The  bhicks  from  sepia,  and  the  black  wood, 
have  been  already  mentioned. 

Whits.  The  ordinary  Greek  white  was  ine/cmcm, 
fiijXi^f ,  an  earth  from  the  isle  of  Mclos ;  for  fresco 
painting   the  best  was  the  African  paraetottium^ 
T 


922 


COLOSSUa 


wapcut^Piin^f  lo  called  from  the  pla&e  of  ilB  origiii 
on  the  coast  of  Africa,  not  fiu*  from  Egypt  There 
was  also  a  white  earth  of  Eretria,  and  the  annu- 
larian  white,  oreta  cutularia  or  amilare^  made  from 
the  glass  composition  worn  in  the  rings  of  the 
poor. 

Carbonate  of  lead  or  white  lead,  eenuta^  ^'ifU^ 
0ioyt  was  apparently  not  much  used  by  the  ancient 
painters  ;  it  was  nowhere  found  amongst  the  Ro- 
man ruins. 

Sir  U.  Davy  is  of  opinion  that  the  asore,  the 
red  and  yellow  ochres,  and  the  blacks,  have  not 
undei^gone  any  change  of  colour  whatever  in  the 
ancient  fresco  paintings  ;  but  that  many  of  the 
greens,  which  are  now  carbonate  of  copper,  were 
originally  laid  on  in  a  state  of  acetate. 

Pliny  divides  the  colours  into  ooloru  florieU  and 
colons  austeri  (xxxt.  12)  ;  the  colores  floridi  wen 
those  which,  in  his  time,  were  supplied  by  the 
employer  to  the  painter,  on  account  of  their  ex- 
pense, and  to  secure  their  being  genuine  ;  they  were 
minium,  Annenium,  cinnabans,  chrysooolia,  Indi- 
cum,  and  purpurissum  ;  the  rest  were  the  austeri. 
Both  Pliny  (xxxt.  12)  and  VitruTius  (vii.  7) 
class  the  colours  into  natural  and  artificial ;  the 
natural  are  those  obtained  immediately  from  the 
earth,  which,  according  to  Pliny,  are  Sinopis, 
rubrica,  paraetonium,  melinum,  Eretria,  and  auri- 
pigmentam ;  to  these  Vitruvius  adds  ochra,  lan- 
daracha,  minium  (eernw/uMi),  and  chiysocolla, 
being  of  metallic  origin.  The  others  are  called 
artificial,  on  account  of  requiring  some  particular 
preparation  to  render  them  fit  for  use. 

To  the  above  list  of  colours,  more  names  might 
still  be  added  ;  but  being  for  the  most  part  merely 
compounds  or  modifications  of  those  already  men- 
tioned, they  would  only  take  up  space  without 
giving  us  any  additional  insight  into  the  resources 
of  the  ancient  painten ;  those  which  we  have 
already  enumerated  are  sufficient  to  form  an  in- 
finite variety  of  colour,  and  conclusively  prove 
that  the  ancient  painters,  if  they  had  not  more, 
had  at  least  equal  resources  in  this  most  essential 
branch  of  painting  with  the  artists  of  our  own 
times.  [R.N.W.] 

COLOSSUS  {Ko\Mf(r6s),  The  origin  of  this 
word  is  not  known,  the  suggestions  of  the  gram- 
marians being  either  ridiculous,  or  imperfect  in 
point  of  etymology.  {E^m.  Mag,  p.  526.  16; 
Festus,  i.  o.)  It  is,  however,  ver}'  ancient,  pro- 
bnbl}'  of  Ionic  extraction,  and  rarely  occurs  in  the 
Attic  writers.  (Blomf.  Ghsa,  ad  Aem^  Agam, 
406.)  It  is  used  both  by  the  Greeks  and  Romans 
to  signify  a  statue  larger  than  life  (Hesych.  s.  v.  ; 
Acsch.  Agam,  406  ;  Schol.  ad  Jm,  Sat.  viiL  230), 
and  thence  a  person  of  extraordinaiy  stature  is 
termed  oolosteros  (Suet  Calig,  35)  ;  and  the  archi- 
tectural ornaments  in  the  upper  members  of  lofty 
buildings,  which  require  to  be  of  lai^e  dimensions 
in  consequence  of  their  remoteness,  are  termed 
cohnicotera  {KoKofftrual^fpa,  Vitruv.  iiL  3,  com- 
pare Id,  X,  4).  Statues  of  this  kind,  simply 
colossat  but  not  enormously  huge,  were  too 
common  amongst  the  Greeks  to  excite  observation 
merely  from  their  size,  «nd  are,  therefore,  rarely 
referred  to  as  such  ;  the  word  being  more  tee- 
quently  applied  to  designate  those  figures  of  gi- 
gantic dimensions  (moleM  ttatmarum^  turribus  pares, 
Plin.  H.  N.  xxxiv.  7.  s.  18)  which  were  first 
executed  in  Egypt,  and  afterwards  in  Greece  and 
Italy. 


COLUM. 

Among  the  colossal  statues  of  Greeee,  the  most 
celebrated,  according  to  Pliny,  was  the  bnmzc 
colossus  at  Rhodes  by  Chares  of  Lindus,  a  popil  oj 
Lysippus.  (See  Diet,  of  G,  amd  R,  Biog.  an 
ChKsns,\  Pliny  mentions  another  Greek  col(»sai 
of  Apollo,  the  work  of  Calamis,  which  coat  50<1 
talents,  and  was  twenty  cubits  high,  in  the  city  oi 
Apollonia,  whence  it  was  transferred  to  the  capitoi 
by  M.  Lucullus ;  and  also  those  of  Jupiter  and 
Hercules,  at  Tarentom,  by  Lysippua.  {DieL  oi 
G.  ami  Jt  Biog,  art  Lg^pptu.)  To  the  list  oi 
Pliny  must  be  added  the  more  important  ookissa] 
statues  of  Pheidias,  the  most  beautiful  of  which 
were  his  chryselephantine  statues  of  Zeus,  at 
Olympia,  and  of  Athena,  in  the  Parthenon  at 
Athens ;  the  largest  was  his  bronxa  statne  oi 
Athena  Promachus,  on  the  Acropolisi 

Amoi^  the  works  of  this  description  made  ex- 
pressly by  or  for  the  Romans,  those  most  fre- 
quently alluded  to  are  the  following : —  I.  A  statce 
of  Jupiter  upon  the  capitol,  made  by  order  of  Sp. 
Carvilius,  frwoi  the  armour  of  the  Samnites,  which 
was  so  huge  that  it  could  be  seen  from  the  Albaa 
mount  (Plin.  Lc)  2.  A  bronze  statue  of  Apol'o 
at  the  Pakitine  library  (Plin.  Lc^to  which  the 
bronze  head  now  preserved  in  the  capitol  probably 
belonged.  3.  A  bronze  statue  of  Augustus,  in  the 
forum,  which  bore  his  name.  (Mart  £p,  viii  44. 
7.)  4.  The  colossus  of  Nero,  which  was  executed 
by  Zenodorus  in  marble,  and  therefore  quoted  by 
Pliny  in  proof  that  the  art  of  casting  metal  was 
then  lost  Ito  height  was  110  or  120  feet  (Plin. 
/.  e. ;  Suet  iVsro,  31.)  It  was  originally  placed  in 
the  vestibule  of  the  domns  aurea  (Mart.  Sped,  il 
1,  Ep.  i.  71.  7  ;  Dion  Cass.  Ixvl  15)  aft  the  bottom 
of  the  Via  Sacra,  where  the  basement  upon  which 
it  stood  is  still  to  be  seen,  and  from  it  the  con- 
tiguous amphitheatre  is  supposed  to  have  gained 
the  name  of  **  Colosseum.**  Having  suffered  in  the 
fire  which  destroyed  the  golden  house,  it  was 
repaired  by  Vespasian,  and  by  him  converted  into 
a  statne  of  the  sun.  (Hieronym.  m  JIab.  c  3 ; 
Suet  Vesp,  18  ;  Plin.  L  c ;  compare  Lamprid. 
Commod,  17;  Dion  Cass.  IxXii.  15.)  Twenty- 
four  elephants  were  employed  by  Hadrian  to  re- 
move it,  when  he  was  about  to  bmld  the  temple  si 
Rome.  (Spart  Ifadr.  19.)  5.  An  equestriaal 
statue  of  Domitian,  of  bronze  gilt,  which  vas| 
placed  in  the  centre  of  the  forum.  (Stat.  S^.  I 
1.  1  ;  Mart.  Ep.  I  71.  6.)  [A.R.] 

COLUM  (^ti6s\  a  strainer  or  colander,  ««j 
used  for  straining  wine,  milk  olive-oil^  and  otheri 


COLUMNA. 

fiqaids.  ThuM  Ire  find  it  employed  in  ih€  making 
of  oltTV-ad  to  ncetre  tJie  joke  of  the  beiry  when 
^naeed  oat  bj  the  prelnm.  Such  cola  were  made 
se'  kair,  hnmn  or  nuhei  (Viig.  Geory,  iL  242 ; 
CUam.  ItJL  xu.  19).  Thoee  that  were  uaed  u 
m\xkt  ti  loxwy  for  stnining  wine  were  fre- 
(pestdj  made  of  eeme  metal,  mch  a«  hroose  or 
Hivcr  (A then,  pw  470,  d.)  Varioos  gpedmenf  of 
akk  bave  been  feond  at  Pompea.  The  preeedinff 
TtMidcm  ahowB  the  plan  and  profile  of  one  which 
li  of  nlfer  {Mma.  Bot^  tqL  viiL  14.  fig.  4,  5). 

The  Rflinns  filled  the  itiainer  with  ice  or  mow 
{fok  wnarmj  ia  order  to  eotA  and  dilate  the  wine 
atUifMBietimethatitwaicleared.rNix.]  [J.Y.] 

COLUMBA'RIUM,  Uteially  a  dove-cote  or 
pircaa-hoBK,  is  need  to  expreet  a  variety  of  ob- 
ym^  an  of  which  however  derive  their  name  from 
ih^  rmemblonce  to  a  dove-cote. 

1.  A  Kpalchial  chamber.    [FuNira.] 

2.  In  a  marhtne  need  to  raiee  water  for  the  pnr- 
pose  gf  iirigirtMn,  as  deecribed  by  Vitrnvius  (z.  d\ 
tile  vYflti  throQ^  which  the  water  was  conveyed 
iato  the  mdving  trough,  were  tenned  CkJmmbana, 
This  win  be  midentood  by  referring  to  the  wood- 
cQt  It  p^  100.  [Aktlia.]  The  difference  between 
tkat  representation  and  the  machine  now  under 
wnaiffitinin,  cmweted  in  the  following  points : — 
Tbe  vhcd  of  the  latter  is  a  solid  one  {tj^mpa- 
nm\  instead  of  ndiated  {rata) ;  and  was  worked 
u  a  trcadmil],  by  men  who  stood  upon  platforms 
pnjectiag  fien  the  flat  sides,  instead  of  being 
iaraeA  by  a  stream.  Between  the  intervals  of 
each  platform  a  series  of  gnxyves  or  channels  (eo- 
aaAoris)  were  formed  in  the  sides  of  the  tympa- 
Bon,  thivBgh  which  the  water  taken  up  by  a 
Bcaber  of  seoops  placed  on  the  outer  margin  of 
t^  viied,  like  the  jars  in  the  cut  referred  to,  was 
coedacted  into  a  wooden  troogh  below  (Jabrwm 

3.  The  cavities  which  receive  the  extreme  ends 
of  the  hesBs  upon  which  a  roof  is  supported  {tig- 
•anm  cdiiia\  and  which  are  represented  by 
^f Irpb  ia  the  Doric  order,  were  tenned  CoUm- 
^via  \tj  the  Roman  ardiiteeta ;  that  is,  whilst 
th<7  renained  empty,  and  until  filled  up  by  the 
bad  of  the  beam.  Tiie  coReaponding  Greek  term 
saa  9vb(  (froia  Mi^  a  Aofe),  and  hence  the  space 
MvKB  two  such  cavities,  that  is,  in  the  com- 
plete boDding,  betwe«i  two  triglypbs,  was  called 
^in,  a  laetope.  (Vitmv.  iv.  2  ;  Marques,  Ddt 
Orim  Done(K,  vii  37.)  [A.  R.] 

COLUMEN,  which  is  the  same  word  as  ad- 
■a,  ii  used  in  architecture,  either  generally  for 
tiie  rr<»f  of  a  building,  or  particularly  for  a  beam 
is  the  highest  port  of  the  slope  of  a  roo£  By  this 
dexripiiia  Vitruvins  seems  to  mean  either  the  eol- 
h--Uimf  or  the  king-poMty  but  more  probably  the 
^.auci;  u  he  derives  eoUimna  from  eobanen  (Vi- 
tniT.  It.  2. 1 1.  Schn. ;  Festns).  [P.  S.] 

COLUMNA  (km^,  dim,  Kunds,  Kiifioy,  icioW- 
n*r  rrikfs,  dtau  crvXls^  crrvXfajcer),  a  i»llar  or 
ooinnn. 

The  Vie  of  the  trunks  of  trees  placed  upright 
^  nppaning  buildings  unquestionably  led  to  the 
'^"iffxa  of  similar  supports  wrought  in  stone. 
Aatoug  the  agricnltuxal  Greeks  of  Asia  Minor, 
vtuae  modes  of  life  appear  to  have  suffered  little 
t^ufe  ior  more  than  two  thousand  years,  Sir  C. 
^«Wi  observed  an  exact  conformity  of  style  and 
*^nn|;eaicnt  between  the  wooden  huts  now  occu- 
pi^  by  the  pesaantry,  of  one  of  which  he  has 


COLUMNA. 


823 


given  a  sketch  (JommaL,  p.  234  ;  see  woodcutX 
and  the  splendid  tombs  and  temples,  which  were 
hewn  out  of  the  rock,  and  constructed  at  the  ex- 
pense of  the  most  wealthy  of  the  ancient  inhabit- 
ants. We  have  also  direct  testimonies  to  prove 
that  the  ancients  made  use  of  wooden  columns  in 
their  edifices.  Pausanias  (vL  24.  §  7)  describes  a 
very  ancient  monument  in  the  market-pUce  at 
Elis,  consisting  of  a  roof  supported  by  piUan  ti 


oak.  A  temple  of  Juno  at  Metapontum  was  sup> 
ported  by  pillars  made  firom  the  trunks  of  vines. 
(Plin.  H,  N.  xxiv.  1.)  In  the  Egyptian  architec- 
ture, many  of  the  greatest  stone  oolunms  are  mani- 
fest imitations  of  the  trunk  of  the  pabu.  (Herod. 
iL  169.) 

As  the  tree  required  to  be  based  upon  a  6at 
square  stone,  and  to  have  a  stone  or  tile  of  similar 
fonn  fixed  on  its  summit  to  preserve  it  from  decay, 
so  the  column  was  made  with  a  square  base,  and 
was  covered  with  an  abaeua,  [Abacus.]  Hence 
the  principal  parts  of  which  every  column  consists 
are  three,  the  base,  the  shaft,  and  the  capital. 

In  the  Doric,  which  is  the  oldest  style  of  Greek 
architecture,  we  must  consider  all  the  columns  in 
the  same  row  as  having  one  common  base  (podium^ 
whereas  in  the  Ionic  and  Corinthian  each  column 
has  a  separate  base,  called  owflpo.  [Spira.]  The 
capitals  of  these  two  latter  orders  show,  on  com- 
parison with  the  Doric,  a  greater  degree  of  com- 
plexity and  a  much  richer  style  of  ornament ; 
and  the  character  of  lightness  and  elegance  is 
further  obtained  in  them  by  their  more  slender 
shaft,  its  height  being  much  greater  in  proportion 
to  its  thickness.  Of  all  these  circumstances  some 
idea  may  be  formed  by  the  inspection  of  the  three 
accompanying  specimens  of  pillars  selected  from 


V  2 


324 


COLUMNA. 


each  of  the  principal  orders  of  ancient  azchitectore. 
The  first  is  from  a  column  of  the  Parthenon  at 
Athens,  the  capital  of  which  is  shown  on  a  larger 
scale  at  p.  I.  The  second  is  from  the  temple  of 
Bacchus  at  Teos,  the  capital  of  which  is  introdneed 
at  p.  144.  The  third  is  from  the  remains  of  the 
temple  of  Jupiter  at  Labnnda. 

In  all  the  orders  the  shaft  (aocgnu)  tapers  from 
the  bottom  towards  the  top,  thu«  imitating  the 
natural  form  of  the  trunk  of  a  tree,  and  at  the 
same  time  conforming  to  a  general  law  in  regard 
to  the  attainment  of  strength  and  solidity  in  all 
upright  bodies.  The  shaft  was,  howeyer,  made 
with  a  slight  swelling  in  the  middle,  which  was 
called  the  eafom.  It  was,  moreover,  almost  nni- 
Tersally,  and  from  the  earliest  times,  channelled 
or  fluted,  t.  e.  the  outside  was  striped  with  inci- 
sions parallel  to  the  ans.  (VitruT.  it.  4.)  These 
incisions,  called  airiae,  were  always  worked  with 
extreme  regularity.  The  section  of  them  by  a 
plane  parallel  to  the  base  was,  in  the  Ionic  and 
Corinthian  orders,  a  semicircle  ;  in  the  Doric,  it 
was  an  arc  much  less  than  a  semicircle.  Their 
number  was  20  in  the  columns  of  the  Parthenon, 
above  represented;  in  other  instances,  24,  28, 
or  32. 

The  capital  was  commonly  wrought  out  of  one 
block  of  stone,  the  shaft  consisting  of  sereral 
cylindrical  pieces  fitted  to  one  another.  When 
the  column  was  erected,  its  component  parts  were 
firmly  joined  together,  not  by  mortar  or  cement, 
but  by  iron  cramps  fixed  in  the  direction  of  the 
axis.  The  annexed  woodcut  is  copied  from  an 
engraving  in  Swinburne^  Tour  in  the  Two 
Sicilies  (vol.  ii.  p.  801),  and  represents  a  Doric 
column,  which  has  been  thrown  postrate  in  such 
a  manner  as  to  show  the  capital  lying  separate, 
and  the  five  drams  of  the  shaft,  each  four  feet 
long,  with  the  holes  for  the  iron  cramps  by  which 
they  were  united  together. 


i.¥f,^-r 


W/ 


Columns  of  an  astonishing  sixe  were  nevertheless 
erected,  in  which  the  shaft  was  one  piece  of  stone. 
For  this  purpose  it  was  hewn  in  the  quarry  into 
the  requisite  form  (Virg.  Atn,  i.  428),  and  was 
then  rolled  over  the  ground,  or  moved  by  the  aid 
of  various  mechanical  contrivances,  and  by  im- 
mense labour,  to  the  spot  where  it  was  to  be  set 
up.  The  mausoleum  of  the  Emperor  Hadrian,  a 
circular  building  of  such  dimensions  that  it  serves 
as  the  fortress  of  modem  Rome,  was  surrounded 
by  forty-eight  lofty  and  most  beautiful  Corinthian 
pillars,  the  shaft  of  each  pillar  being  a  single  piece 
of  marble.  About  the  time  of  Constantino,  some 
of  these  were  taken  to  support  the  interior  of  a 
church  dedicated  to  St.  Paul,  which  a  few  years 
ago  was  destroyed  by  fire.  The  interest  attached 
to  the  working  and  erection  of  these  noble  co- 
lumns, the  undivided  shafts  of  which  consisted  of 
the  most  valuable  and  splendid  materials,  led  mu- 


COLUMNA. 

nificent  individuals  to  employ  their  wealth  in  pre- 
senting them  to  public  structures.  Thus  Croesus 
contributed  the  greater  part  of  the  pillan  to  the 
temple  at  Ephesus.  (Herod.  L  92.)  In  the  ruins 
at  Labranda,  now  called  Jackly,  in  Gaiia,  tablets 
in  fitmt  of  the  columns  leeord  the  Bamea  of  the 
donors,  as  is  shown  in  the  q>ecimen  of  ihcm  above 
exhibited. 

Columns  were  used  in  the  interior  of  bufldingi, 
to  sustain  the  beams  which  supported  tbe  ceiling. 
As  both  the  beams  and  the  entire  ceilini^  vert 
often  of  stone  or  marble,  which  could  not  be  ob- 
tained in  pieces  of  so  great  a  length  as  wood,  tbe 
columns  were  in  such  circumstances  fivqnent  in 
proportion,  not  being  more  than  about  ten  or  twelre 
feet  apart    The  opisthodomos  of  the  Paitfaenon  of 
Athens,  as  appears  from  traces  in  the  rcmainisg 
ruins,  had  four  columns  to  support  the  ceiling.     A 
common  arrangement,  especially  in  boildings  of  an 
oblong  form,  was  to  have  two  rows  of  columns 
parallel  to  the  two  sides,  the  distance  firom  each 
side  to  the  next  row  of  columns  being  leas  than 
the  distance  between  the  rows  themsdves^     This 
construction  was  adopted  not  only  in  temples,  but 
in  palaces  (oXWoi).    The  great  hall  of  the  palace 
of  Ulysses  in  Ithaca,  that  of  the  king  of  the 
Phaeacians,  and  that  of  the  palace  of  Hermles  at 
Thebes  (Eurip.  Hwe.  Fwr.  975>-]0]3>,  are  sap- 
posed  to  have  been  thus  constructed,  the  aeats  of 
honour  both  for  the  master  and  mistress,  and  for 
the  more  distinguished  of  their  gnesta,  being  at 
the  foot  of  certain  pilhua.     (Orf.  vi  307,  viiL  6^ 
473,  xxiii  90.)     In  these  regal  halls  of  the  Ho- 
meric era,  we  are  also  led  to  unagine  the  pilian 
decorated  with  arms.     When  Telemadras  enters 
his  fiither's  hall,  he  places  his  spear  aaainst  a 
column,  and  **  within  the  polished  spear-nolder,^ 
by  which  we  must  understand  one  of  the  striae  or 
channels  of  the  shaft.  (CM.  L  127—129,  xviL  29 ; 
Virg.  Aen,  xii.  92.)    Around  the  base  of  the 
columns,  near  the  entrance,  all  the  waniots  of  the 
fiimily  were  accustomed  to  incline  their  spears ;  and 
from  the  upper  part  of  the  same  they  subtended 
their  bows  and  quivers  on  nails  or  hooks.     (Ham. 
Hymn,  m  Ap.  8.)     The  minstrels  lyre  hnng  npon 
its  peg  from  another  column  nearer  the  top  of  the 
room.     (Od.  viii.  67 ;  Pind.  OL  L  17.)     The  co- 
lumns  of  the  hall  were  also  made  subservient  to 
less  agreeable  uses.    Criminals  were  tied  to  them 
in  order  to  be  scourged,  or  otherwiM  tonnented. 
(Soph.  4Jcut,  108  ;  Lobeck  ad  loe. ;  Diog.  La&t. 
viu.  21  ;  Hesiod,  Tkeoff,  521.)     According  to  the 
description  in  the  Odyssey,  the  beams  of  the  hall 
of  Ulysses  were  of  silver^fir ;  in  such  a  case,  the 
apartment  might  be  very  qacioos  withont  being 
overcrowded  with  columns.     (Od,  xix.  38,  xxiL 
176,193.) 

Rows  of  columns  were  often  employed  within  a 
building,  to  enclose  a  space  open  to  the  akr. 
Beams  supporting  ceilings  passed  firom  above  tne 
columns  to  the  adjoining  walls,  so  as  to  form 
covered  passages  or  ambuhitories  (trroof).  Soch 
a  circuit  of  columns  was  called  a  peris^  (''^P^- 
o^vAoy),  and  the  Roman  atriaan  was  baflt  npon 
this  plan.  The  largest  and  most  splendid  temples 
enclosed  an  open  space  like  an  atrium,  which  was 
accomplished  by  placing  one  peristyle  upon  another. 
In  such  cases,  the  lower  rows  of  columns  being 
Doric,  the  upper  were  sometimes  Ionic  or  Corin- 
thian, the  lighter  being  properiy  based  npon  the 
heavier.    (Paus.  viil  45.  §  4.)    A  temple  so  con- 


COLUMNA. 

ftrsded  ««s  called  isjNKtibtrf  (Svoi^es).    [TiM- 
ririLj 

Bat  it  WM  on  tlw  exterior  of  public  bufldlngi, 
aad  etptdaJHj  of  temples,  tliat  colnmiis  were  db- 
pkjvd  zn  the  moit  beantifbl  combiiiiitifiiifl,  either 
KSTGaa£ag  the  bvilding  entirelj,  or  arranged  in 
pAtDoei  OB  one  or  more  of  its  fironta.  (For  the 
Tsitm  anaagcmenU  of  odomna  see  Tuiplum.) 
Tkdr  original  and  proper  use  was,  of  eoone,  to 
tsfipait  the  nof  of  the  building  ;  and,  amidst  all 
tbe  ebhoiatiana  of  architectunl  design,  this  object 
vas  stfll  kept  in  Tiew.  The  natonu  aznngement 
b  nch  a  case  ia  obTiouib  A  continuoos  beam  (or 
Kfirs  of  beams)  woold  be  laid  on  the  tops  of  a 
row  of  gJainna  On  this  beam  would  rest  the 
csdi  of  the  craaa-besoDs  ;  which  would  be  tied 
together  hf  anoUier  eontinuous  piece,  parallel  to 
the  fint ;  and  above  this,  if  the  columns  were  at 
floe  Old  of  the  bnilding,  would  rise  the  pitch  of  the 
XBa£  Now  in  the  actaal  parta  of  an  architectural 
order,  ve  see  the  exact  counterpart  of  these  ar- 
BDgeaeBta^  On  the  sommit  of  the  row  of  eohnnus 
Rsfii  the  onaftdnBce,  i  e.  ekief  beiun  (IwiorMier, 
aia^fium:  abore  this  is  the  /riexo  (jC'to^6pos^ 
(M^^pos,  xopkona\  in  which  the  most  ancient 
Oder,  aamely  the  Doric,  showsi  in  its  triglyphs, 
vhat  woe  oqginally  the  ends  of  the  cross-b^nia : 
ia  the  other  onieis  these  ends  are  generally  con- 
oaled,  and  the  firiese  forms  a  flat  su^ice,  which  is 
fmfoaaij  otnamented  by  figures  in  relid^  whence 
hi  Greek  name^  AboTo  ^e  friexe  projects  the 
corake  (cspanos,  ooroau^  or  conma),  forming  a 
bml^ome  finish  to  the  entablature  (for  so  these 
tkree  members  taken  together  are  called),  and 
aUci,  OB  the  aides  of  the  building,  senring  to  unite 
the  eads  of  the  lafters  of  the  roo£  The  triangular 
gahls-e&d  of  the  roo^  abore  tlie  entablature,  is 
ca&dthc^«iMaeae.  CFastigivm.]  The  detailed 
dsacriptiaB  of  the  Tazious  porticms  of  the  column 
sod  cBtafalatnre,  in  each  of  the  orden,  will  be 
best  nudentood  by  reference  to  the  following 
voad-cats,  which  are  taken  from  Maudi^  Chie- 
duKiem  wui  BSmiaAm  Bam-OrdmmgetL 

L  The  Doric  Order  is  characterized  by  the 
sbsenee  of  a  base,  the  thickness  and  rapid  diminu- 
tue  of  the  shalty  and  the  simplicity  of  the  capital, 
vlnch  eonmsta  of  a  deep  o&ocim,  supported  by  a 
vcfj  flat  omal  moulding,  called  edmma^  beneath 
vhidt  are  fipora  three  to  five  steps  or  channels 
{j^a^n^  awMtbT.     Instead  of  the  i^/potraekeUum 
(a  soft  of  nedc  which  unites  the  shaft  to  the 
capital  m  the  other  ordera)  there  is  merely  a  small 
potion  sf  ibtb  shaft  cut  off  by  one  or  more  narrow 
e^aoDeis.    In  the  entablature,  the  arehitrave  is  in 
Goe  mrfKe,  and  quite  plain :  the  frieze  is  oma- 
BKSted  by  trigfypka  (so  called  from  the  three  flat 
baads  into  which  they  are  divided  by  the  inter- 
takii^  channeb),  one  of  which  is  finrnd  oTer  each 
cotQBB,and  one  orereach  iniercolumniation,  ex- 
cept that  the  triglyph  over  a  comer  column  is 
placed,  not  over  Ute  centre  of  the  column,  but  at 
the  extranity  of  the  architrave, — a  decisive  proo^ 
as  Vitrnvios  remarks,  that  the  triglyphs  do  not 
represent  windows^     The  met<q)es  between  the 
tngljphs  were  ornamented  with  sculptures  in  high 
Rbc£    TheconuGeisflat,andprojectsfiff,  and  on 
in  under  side  are  cut  several  sets  of  drops,  called 
Astdes  {matmU),  one  over  each  triglyph  and  each 
nelope,  the  surfaces  of  which  follow  the  slope  of 
the  rao^  snd  which  are  said  by  Vitruvius  to  repre- 
amt  the  ends  of  the  raften  of  the  root    In  the 


COLUMNA. 


d25 


most  ancient  examples  of  the  order  the  columns  are 
very  short  in  proportion  to  their  greatest  thickness. 
Ii)  the  temple  at  OHrinth,  which  is  supposed  to  be 
the  oldest  of  all,  the  height  of  the  columns  is  only 
7f  modules  (t.«.  semi-diameten),  and  in  the  great 
temple  at  Paestum  only  8  modules  ;  but  greater 
lightness  was  afterwards  ^ven  to  tlie  order,  so 
xSat,  in  the  Parthenon,  which  is  the  best  example, 
the  height  of  the  columns  is  12  modules.  The  fol- 
lowing profile  is  from  the  temple  of  Apollo  Epi- 
curius  at  Phigaleia,  built  by  the  same  architect  as 
the  Parthenon.  For  a  comparison  of  the  other 
chief  example^aee  the  work  of  Maach. 


The  Roman  arehitects  made  considerable  van* 
ations  in  the  order,  the  details  of  which  are  shown 
in  the  engraving  on  the  following  page,  from  an  ex- 
ample at  Albuio  near  Rome.  In  the  later  examples 
of  the  Roman  Doric,  a  base  is  given  to  the  column. 

II.  The  /onto  Order  is  as  much  distinguished 
by  simple  gracefulness  as  the  Doric  by  majestic 
strength.  The  column  is  much  mora  slender 
than  the  Doric,  having,  in  the  earliest  known  ex- 
ample, namely,  the  temple  of  Artemis  at  Ephesus, 
a  height  of  16  modules,  which  was  afterwards  in- 
creased to  18.  The  shaft  rests  upon  a  base,  which 
was  either  the  elaborate  Ionic  or  the  Attic  [Spira; 
Atticuroes].  The  capital  either  .springs  ^  di- 
rectly from  the  shaft,  or  there  is  a  AypofmcAeKasn, 
;  separated  from  the  shaft  by  an  astragal  moulding, 
T  » 


COLUMN  A. 


and  sometimes,  as  in  the  Erechtheinm,  adorned 
with  leaf- work  (&y0^/uoy).  The  capital  itself  con- 
sists o^  first,  an  astragal  moulding,  above  which 
is  an  echinus,  sculptured  into  eggs  and  serpents' 
tongues,  and  above  this  (sometimes  with  a  lorut 
intervening)  the  eanaUs^  from  which  spring' the 
spiral  volutes,  which  are  the  chief  characteristics 
of  the  order.  There  is  generally  an  ornamented 
abacus  between  the  capital  and  the  entabhiture. 
The  architrave  is  in  three  faces,  the  one  slightly 
projecting  beyond  the  other;    there  is  a  small 


COLUMNA. 

cornice  between  the  architnTe  and  the  frieze,  ni 
all  three  members  of  the  entablature  are  more  or 
less  ornamented  with  mouldings.  The  finest  ip«- 
cimens  of  the  order  in  its  mott  simple  km  are 
those  in  the  temple  of  the  Ilissos,  and  the  temple 
of  Athena  Polios  at  Priene  ;  the  hitter  is  maalij 
considered  the  best  example  of  all.  The  panico 
of  the  temple  of  Athena  Polias,  adjoining  to  tbe 
Erechtheium,  at  Athens,  displays  a  greater  profiisiaii 
of  ornament,  but  is  equally  pure  in  its  omliDci 
It  is  shown  in  the  preceding  engraving. 

The  use  of  the  Ionic  O^er  presented  one  im- 
portant  difficulty.  In  the  side  view  of  tbf 
capital,  the  volutes  did  not  show  their  besatiful 
spiral  curl,  but  only  a  roll,  bound  together  br 
astragals ;  so  that,  where  the  order  had  to  be  or- 
ried  round  a  corner,  it  was  necessary  that  the 
capital  of  the  comer  column  should  prcKot  tro 
fiMes.  This  was  accomplished  by  giving  theooter 
volute  an  indination  of  45^  to  the  sor&cet,  ud 
sculpturing  the  spiral  on  each  of  its  sides,  ss  ihoTii 
in  the  following  engraving  ;  in  which  the  npper 
figure  shows  an  elevation,  viewed  firom  the  mxt 
side,  and  the  lower  figure  a  plan,  of  a  comer  espial 
of  the  Ionic  Order. 


The  Romans,  with  the  usual  infelicity  of  imits-  I 
tors,  frequently^  made  all  the  capitab  with  «oroef 
vdutes.    Their  volutes  also  are  usnaDy  stiff  u>^  | 
moigre,  and  the  order,  as  a  whole,  remaricably  in- 
ferior  to  the  Grecian  examples.     For  a  coUertJon  of 
specimens  of  the  order,  see  the  plates  of  Maoch. 

III.  The  Oorinikian  Order  is  still  more  Jcnder 
than  the  Ionic,  and  is  especially  characteriwd  hy 
its  beautiful  capital,  which  is  said  to  hsre  been 
suggested  to  the  mind  of  the  oelebmted  scnlptor 
Callimachus  by  the  sight  of  a  basket,  corervd  by 
a  tile,  and  overgrown  by  the  leaves  of  an  «ot<*«i 
on  which  it  had  accidentally  been  placed.  The 
lowest  member  of  the  capital,  answering  to  the 
hypotrackeUMm^  is  a  sort  of  calyx  (cotofauX  fr°" 


COLUMN  A. 

whkh  tpnng  genenUy  two  rowr  of 
Ugrn,  sonDoimted  at  etch  corner  by  a 
Tolote,  tlw  fpaoet  between  the  Tolntes  being  oc- 
cupied bj  flowen,  maelu,  or  aiabetques,  or  by  an- 
o(kf  pair  of  Tolates  intertwining  with  each  other. 
h  tiw  cailier  examples,  however,  there  i«  fre- 
q;»fitlj  oo]j  one  row  of  acanthus  leaves  ;  and  in 
tk  KMalkd  Tower  of  the  Winds  the  Tolntes  are 
vaoti^,  sod  the  capital  consists  only  of  an 
iftfl^s  tingle  row  of  acanthus  leaves,  and  a 
Tiw  of  toj^ne-iiiaped  leaves.  In  all  the  examples, 
euept  the  bst-mendoned,  the  abacus,  instead  of 
bet^  iqnare,  as  in  the  other  orders,  is  hoUowed  at 
tbe  edgei,  sad  the  middle  of  each  edge  is  oma- 
Boted  vith  a  flower.  The  omamenU  of  the 
dpitii  veie  sonetinies  cast  in  bionae.  The  order 
•eou  to  have  been  invented  about  the  time  of  the 
PekpgfUMiiao  War;  bat  it  did  not  come  into  genenJ 
ue  tili  nae  time  afterwarda.  The  earliest  known 
exastpfe  of  its  use  throoghont  a  building  is  in  the 
c^s^v  oMMianAt  of  Lysicntes,  which  was  built 
is  B.C  335  (see  DieL  qfBiog.  art.  Z^mcratef),  and 
km  vhich  the  following  engraving  is  taken. 


COLUMNA. 


327 


To  these  three  orders  the  Roman  architects 
added  two  others,  which  have,  however,  no  claim 
to  be  considered  as  distinct  orders.  The  7\ucam 
is  only  known  to  us  by  the  description  of  Vitru- 
vius,  as  no  ancient  example  of  it  has  been  pre- 
served. It  was  evidently  nothing  more  than  a 
modification  of  the  Roman  Doric,  stripped  of  its 
ornaments.  The  Roman  or  ComposUe  Order  is 
only  a  sort  of  mongrel  of  the  Corinthian  and  Ionic; 
the  general  character  being  Corinthian,  except 
that  the  upper  part  of  the  capital  is  formed  of  an 
Ionic  capital  with  angular  volutes:  and  both 
capital  and  entabkiture  are  overloaded  with  orna- 
ments. The  engraving  is  from  the  triimiphal  arch 
of  Titus,  which  is  considered  the  best  example. 


For  further  details  respecting  the  orders  and 
their  supposed  history,  see  the  .'id  and  4  th  Iwoks 
of  Vitruvius,  the  work  of  Mauch,  and  Stieglitz*s 
Ardidoloffie  der  BoMhauL 

It  only  remains  to  mention  some  other  oscs  of 
columns,  besides  their  ordinary  emplo\inent  for 
supporting  build  bgs  either  within  or  without. 

Columns  in  long  rows  were  used  to  convey 
water  in  aqueducts  (Crates,  op.  Athem,  vi.  94) ; 
and  single  pillars  were  fixed  in  harbours  for  moor- 
ing ships.  (Od,  xxiL  466.)  Some  of  these  are 
found  yet  standing. 

Single  columns  were  also  erected  to  commemo- 
rate persons  or  events.  Among  these,  some  of  the 
most  remarkable  were  the  oolumnae  rostratae^ 
called  by  that  name  because  three  ship-beaks  pro- 
ceeded from  each  side  of  them,  and  designed  to 
record  successful  engagements  at  sea  (Virg.  Geory, 
iii.  29 ;  Servius,  ad  loc.).  The  most  important 
and  celebrated  of  those  which  yet  remain,  is  ono 
erected  in  honour  of  the  consul  C.  Duillius,  on 
occasion  of  his  victory  over  the  Carthaginian  fleet, 

IB. a  261    (see  the  annexed  woodcut).      It  was 
originally  placed  in  the  forum  (Plin.  //.  M  xxxiv. 
,11),  and  is  now  preserved  in  the  museum  of  the 
Y  4 


COLUMNARIUM. 


capitol.  The  inicription  upon  it,  in  great  part 
ef&used^  it  written  in  obsolete  Latin,  similar  to 
that  of  the  Twelve  Tables.  (Quinctil.  i  7.) 
When  stataes  were  raised  to  ennoble  Tictori  at 
the  Olympic  and  other  games,  or  to  commemorate 
persons  wno  had  obtained  any  high  distinction,  the 
tribute  of  public  homage  was  rendered  still  more 
notorious  and  decisive  by  fixing  their  statues  upon 
pillars.  They  thus  appeared,  as  Pliny  observes 
(H,  iV.  xxxir.  12),  to  be  raised  above  other 
mortals. 

But  colunmf  were  much  more  commonly  used 
to  commemorate  the  dead.  For  this  purpose  they 
varied  in  sixe,  finom  the  plain  marble  pillar  bearing 
a  simple  Greek  inscription  (Leon.  Tarent.  tn  Br. 
AnaL  i  239)  to  those  lofty  and  elaborate  columns 
which  are  now  among  the  most  wonderful  and  in- 
structive monuments  of  ancient  Rome.  The 
column  on  the  right  hand  in  the  last  woodcut 
exhibits  that  which  the  senate  erected  to  the 
honour  of  the  Emperor  Trajan,  and  crowned  with 
his  colossal  statue  in  bronze.  In  the  pedestal  is  a 
door  which  leads  to  a  spiral  staircase  for  asoendiqg 
to  the  summit  Light  is  admitted  to  this  staircase 
through  numerous  apertures.  A  spiral  bas-relief 
is  folded  round  the  pillar,  which  represents  the 
cmperor^s  victories  over  the  Dacians,  and  is  one 
of  the  most  valuable  authorities  for  archaeological 
inquiries.  Including  the  statue,  the  height  of  this 
monument,  in  which  the  ashes  of  the  emperor  were 
deposited,  was  not  less  than  130  feet  A  similar 
column,  erected  to  the  memory  of  the  Emperor 
Marcus  Aurdius,  remains  at  Rome,  and  is  com- 
monly known  by  the  appellation  of  the  Antonine 
column.  This  sort  of  column  was  called  axAlit  or 
cdumna  eochlis.  [CocHLis.]  After  the  death  of 
Julius  Caesar,  the  people  erected  to  his  memory  a 
column  of  solid  marble,  20  feet  high,  in  the  forum, 
with  the  inscription  parbnti  patriak.  (Suet 
Jul,  85.)  Columns  still  exist  at  Rome,  at  Con- 
stantinople, and  in  Egypt,  which  were  erected  to 
other  emperors.  [P.  S.] 

COLUMN  A'RIUM,  a  tax  imposed  in  the  time 
of  Julius  Caesar  upon  the  pillars  that  supported  a 
house.  (Cic  €ul  Att,  xiii.  6.)   It  was  probably  im- 


COMA. 

posed  by  the  lex  sumtuaria  of  Julioa  Caeaar,  and 
was  intended  to  check  the  passion  for  the  biulding 
of  palaces,  which  then  prevailed  at  Rome.  The 
Ottiarmm  was  a  simihir  tax.    [Ostxariuii.] 

The  oo&MMonaHii  levied  by  Metellna  Sopio  in 
Syria  in  &  c.  49 — iS,  was  a  tax  of  a  aimilar  kind, 
but  had  nothing  to  do  with  the  tax  to  which 
Cicero  alludes  in  the  passage  quoted  abore.    This 

neans  of  ex- 
(Caea.  B,  C. 


1.  Grssk. 


columnarium  was  simply  an  illegal 
torting  money  firam  the  provinciaJs^ 
iil  32.) 

COLUS,  a  distal    [Fusua.] 

COMA  (K^/ni>  «ovp<4>  the  hahr. 
In  the  eariiest  times  the  Greeks  wore  their  hair 
long,  and  thus  they  are  constantly  called  in  Homer 
ica(niK0f»6cfrrts  *Kxaui,  This  ancient  pnactioe  was 
preserved  by  the  Spartans  for  many  eentoriea. 
The  Spartan  boys  always  had  their  faaor  eat  quite 
short  {ip  XPV  K^iporrts^  Pint  £^  16)  ;  but  as 
soon  as  they  reached  the  age  of  pubeatj  (1^ 
tfo<),  they  let  it  grow  long.  They  prided  them- 
selves upon  their  hair,  caUing  it  the  cheapest  of 
ornaments  {rihf  KScpuuv  Uksnof^aeras),  and  be- 
fore going  to  battle  they  combed  and  dieaaed  it 
with  especial  care,  in  which  act  Leonidaa  and  his 
followers  were  discovered  by  the  Penian  spy  be- 
fore the  battle  of  Thermopyhie  (Herod,  til  208, 
209).  It  seems  that  both  Spartju  men  and 
women  tied  their  hair  in  a  knot  over  the  crown  of 
the  head  (comp.  Aristoph.  Ljft,  1316,  Kofuiwinp' 
ofiT^KiK^f  with  Hor.  dtma.  iL  11,  m  eom^um 
Laeenas  mors  eonuu  reliffaia  nodum :  MtUler,  Dor. 
iv.  3.  §  1).  At  a  later  tim^  the  Spartans  aban- 
doned this  ancient  custom,  atad  wore  their  hair 
short,  and  hence  some  writers  errOMoualy  attribute 
this  practice  to  an  eariier  period.  \Pana.  viL  U. 
§  2 ;  Philostr.  VU,  ApolL  iii.  15.  p.  lOO^e^  Olcar. ; 
Pint  Ale.  23.)  \ 

The  custom  of  the  Athenians  wbb  different 
They  wore  their  hair  long  in  childhood,  and  cat  it 
off  when  they  reached  the  aae  of  paboty.  The 
cutting  off  of  the  hair,  whidi  was  always  done 
when  a  boy  became  an  IffifCos,  was  a  solemn  act, 
attended  with  religious  ceremonies.  A  libation 
was  first  offered  to  Hercules,  which  was  called 
olpitrr^pM  or  olpturHipia  (Hesych.  and  Phot 
$.  V.)  I  and  the  hair  after  beuig  cut  off  was  dedi- 
cated to  some  deity,  usually  a  nver-god.  (AeschyL 
ChocpL  6 ;  Pans.  I  37.  §  2.)  It  was  a  veiy 
ancient  practice  to  repair  to  Delphi  to  perfonn  this 
ceremony,  and  Theseus  is  said  to  have  done  so. 
(Pint  Thei.  5 ;  Theophr.  Char.  21.)  The  ephebt 
are  always  represented  on  works  of  art  with  their 
hair  quite  short,  in  which  manner  it  was  abo 
worn  by  the  Athletae  (Ludan,  DiaL  Mer.  5). 
But  when  the  Athenians  passed  into  the  age  of 
manhood,  they  again  let  their  hair  grow.  la 
ancient  times  at  Athens  the  hair  was  rolled  up 
into  a  kind  of  knot  on  the  crown  of  the  head  ;  and 
fastened  with  golden  clasps  in  the  shape  of  grass- 
hoppers. This  fashion  of  wearing  the  hair,  which 
was  called  KpuSiXos^  had  gone  out  just  before  the 
time  of  Thucydides  (L  6)  ;  and  what  succeeded  it 
in  the  male  sex  we  do  not  know  for  certain.  The 
Athenian  females  also  wore  thdr  hair  in  the  same 
fiishion,  which  was  in  their  case  called  a^pvyt^ds, 
and  an  example  of  which  is  given  in  the  flollow- 
ing  figure  of  a  female  taken  from  Millingen 
{Petntttrti  Antiques,  plate  40).  The  word  Co^- 
frium  is  used  in  a  similar  sense  by 
(cllO). 


COMA. 


Ob  nttea,  Itowerer,  we  inoit  frequently  find  the 
kada  of  iemalee  corned  with  a  kind  of  band  or  a 
cotf  of  net-wwk.  Of  ihc«e  eotffnzei  one  was  called 
ffftM^^  wfaieh  was  a  broad  band  across  the  fore- 
bead,  ail  liiiii  s  made  of  metal,  and  sometimes  of 
kuhcr,  adflvned  with  gold:  to  this  the  name  of 
0rXrYyls  was  also  giTcn,  and  it  appears  to  bare 
beai  BBch  the  same  as  the  ifm^  (Pollux,  ril 
179 ;  BdCtiger,  Vnm^fgmalde^  iil  p.  225 ;  Amptz). 
Bsx  the  mort  common  kind  of  head-dress  for 
fesBsles  was  caDed  bj  the  genersl  name  of  kck^ 
faAAT,  and  this  was  divided  into  the  three  species 
of  KKfifaXoSj  odKKos,  and  tdrpa.  The  K€Kp6- 
foAM,  in  its  narrower  sense,  was  a  caul  or  coif  of 
aet-vodc,  coirfsponding  to  the  Latin  retieulum.  It 
«»  worn  daring  the  daj  as  well  as  the  night,  and 
hu  fontinacd  in  use  from  the  most  ancient  times 
to  the  present  day.  It  is  mentioned  by  Homer 
ill  zzii.  469),  and  is  still  worn  in  Italy  and 
Spain.  These  hair-nets  were  frequently  nuule  of 
goid-thieads  (Jut.  iL  96  ;  Petroo.  67),  sometimes 


COMA.  829 

of  «lk  (Salniii«.  ^jwe  ad  SJin,  p.  332),  or  tbt 
Eleon  bytsuf  (Piiuf.  vii.  21,  f  7),  aiid  pfoliabty 
of  other  i]uitena]j^  which  are  not  tncntiuiie<l  by 
andetit  writefi.  Tbe  petvcui  wbo  tnade  thete 
n^  wcTP  eallrd  mtipv^tiAcfwKdteoi  (Polhijf,  tij, 
179),  Femalefl  with  thit  k'laA  af  Hoad-ilrFB^  fn'< 
qaentlj  occur  in  pniiitififTA  found  at  Pffliipcii,  froui 
one  of  wbicb  the  pnioe<lLag  cut  ii  tA^cn,  repreftent* 
ing  a  womjui  wmiing  a  Cob  Vntls.  [Co a 
Vkstis.]     (Jlfujm  Boriom,  toI.  viii.  p.  5.) 

Thf  ir(£Kff«i  and  ihe  pdrpa  wi-re,  mt  the  eon- 
tiary,  made  of  ctoae  maKMiala.  Tbe  aditKot  covcrred 
the  bead  entirely  Like  a  tack  or  hag  ;  tt  was  made 
^f  variout  ttmicrialjH^  such  ai  liUc,  byaum,  and 
wool  (Comp.  Ari*tDplu  Tft^tm.  257.)  Some- 
timely  at  Leait  aznaiig  ihe  llDtnaaj,  a  bladder  wu 
used  to  answer  the  samc!  purpow.  (Mart,  iriLu  33. 
19.)  The  M^Tpa  wai  a  broad  band  of  cloth  of 
different  colourt,  whicb  was  woitnd  mand  tbe 
bail,  and  wm«  worn  in  ^sdoni  vnjK  It  wnj 
originaJly  an  Eajtcm  bmd  dr^n^  and  tnay^  theT^- 
fore,  be  compared  La  the  modem  turlian.  It  is 
iotnctimefl  spoken  of  &s  charactfiiatie  of  tbe  Phrj- 
giana,  (Herod,  i,  li*5<,  viL  62  j  Yirg.  Am.  ii. 
G16,  617  ;  Juv.  lii.  6^,)  It  ^-aa,  faowever,  also 
worn  by  the  Ghjcka,  and  Polygnotui  Is  iBtd  to 
hare  been  the  first  who  pnuited  Greek  wumeti 
with  mitnie  (PUn.  H.  N.  xiit.  3,  s,  35).  The 
Rciman  caloMtka  or  &ttvaiwa  is  lald  by  Servius 
(ad  Virp^  Ann.  ix^  616*^)  to  have  been  the  same  as 
the  miira^  but  in  a  pauage  in  the  Digeft  ( 34* 
tit  2.  B,  25,  §  10)  they  an?  tnentioncd  ns  if  they 
were  distinct.  In  the  annealed  eut^  taken  friim 
Mi  Ilia  (PnniurtJt  de  Vawes  A  Blupt^*^  roK  ii,  pL  >l^>, 
the  female  on  the  right  Land  wcorii  a  <rdxxA  and 
ttiat  oQ  the  left  a  Au-rpo, 


With  respect  to  tho  colour  of  the  hair,  bbek 
was  tbe  moat  frequent,  but  biuiut^  ({s""^  f^^^) 
WOA  tbe  most  prized.  Tu  Htimur,  Achillea,  \J\ys- 
t^  and  other  heroes  are  represented  with  Llnndd 
hair  (IL  L  197,  Od,  liiL  'MHi,  Ac.)  At  n  later 
tira&  it  scema  to  haTe  been  not  unfrcquent  to  dve 
hair,  bo  sts  to  ra&kc  it  cither  black  or  bEond(>,  ajid 
this  vTdS  done  by  naen  as  well  (H  by  women,  espL'- 
cially  when  the  hair  was  ^wing  ffniy.  (Pullui, 
iL  35  ^  Aelian,  V.  JL  riu  20  i  A  then,  iil  p. 
54% d.  I  Lucian,  Amor.  40.) 

KoMAV.  Betides  the  generic  nma  we  alio 
find  tho  folloiving  wcjrda  signifying  the  hair ;  ca- 


^0 


COMES. 


pilltu^  caesanes^  erinea^  dnemntts^  and  etrrm,  the 
two  last  wordB  being  used  to  signify  curled  hair. 
In  early  times  the  Romans  wore  their  hair  long,  as 
was  represented  in  the  oldest  statues  in  the  age  of 
Yarn)  {De  Re  RusL  IL  11.  §  10),  and  hence  the 
Romans  of  the  Augustan  ago  designated  theii 
ancestors  mAmms  (Or.  FasL  ii  30)  and  oapUlaH 
(Juv.  vL  30).  But  after  the  introduction  of  bar- 
bers into  Italy  about  B.  a  300,  it  became  the 
practice  to  wear  their  hair  short  The  women  too 
originallT  dressed  their  hair  with  great  simplicity, 
but  in  the  Augustan  period  a  variety  of  different 
head-dresses  came  into  fashion,  many  of  which  are 
described  by  Ovid  (de  Art,  Avu  iii  136,  &c.). 
Sometimes  these  head-dresses  were  raised  to  a 
great  height  by  rows  of  &lse  curls  (Juv.  Sat.  vi 
602).  The  dressing  of  the  hair  of  a  Roman  lady 
at  this  period  was  a  most  impoctant  afihir.  So 
much  attention  did  the  Roman  Udies  devote  to  it, 
that  they  kept  slaves  especially  for  this  purpose, 
called  ormUrieet,  and  had  them  instructed  by  a 
master  in  the  art  (Ov.  <U  Art,  Am,  iil  239  ;  Suet 
Oiuid,  40  ;  Dig.  32.  tit  1.  s.  65).  Most  of  the 
Greek  head-dresses  mentioned  above  were  also 
worn  by  the  Roman  ladies ;  but  the  ntUrae  vppeat 
to  have  been  confined  to  prostitutes  (Juv.  iil  66). 
One  of  the  simplest  modes  of  wearing  the  hair 
wxis  allowing  it  to  fidl  down  in  tresses  behind,  and 
only  confining  it  by  a  band  encircling  the  head 
[Vitta].  Another  fiivourite  plan  was  platting  the 
hair,  and  then  fiutening  it  behind  with  a  kige 
pin,  as  is  shown  in  the  figure  on  p.  14. 

Blonde  hair  was  as  much  prized  by  the  Romans 
as  by  the  Greeks,  and  hence  the  Roman  ladies 
used  a  kind  of  composition  or  wash  to  make  it  ap- 
pear this  colour  (spuma  cotw^ftoo,  Mart  ziv.  26 ; 
Plin.  H.  .V.  xxviiL  12.  s.  SH. 

False  hair  or  wigs  (^fdm},  mtylmij  gaUnu) 
were  worn  both  by  Greeks  and  Romans.  (See 
6,g.  Juv.  vi.  120.)  Among  both  people  likewise 
in  ancient  times  the  hair  was  cut  close  in  mourn- 
ing [FuNUS]  ;  and  among  both  the  slaves  had 
their  hair  cut  close  as  a  mark  of  servitude. 
(Aristoph.  AwB^  911  ;  Plaut  Amph,  I  1.  306  ; 
Becker,  Chariclet^  vol  ii  p.  380,  &c  ;  Bdttiger, 
Sabine^  vol  L  p.  138,  &c.) 

COMES,  first  signified  a  mere  attendant  or 
companion,  distinguished  from  weitu^  which  always 
implied  some  bond  of  union  between  the  persons 
mentioned.  Hence  arose  several  technical  senses 
of  the  word,  the  connection  of  which  may  be  easily 
traced. 

It  was  applied  to  the  attendants  on  magistrates, 
in  which  sense  it  is  used  by  Suetonius  {JuL  Caea, 
42).  In  Horoce^s  time  (ijnsl.  I  8.  2)  it  was  cus- 
tomaiy  for  young  men  of  fiunily  to  eo  out  as  eoniuber' 
naUt  to  governors  of  provinces  and  commanders-in- 
chief^  under  whose  eye  they  learnt  the  arts  of  war 
and  peace.  This  seems  to  have  led  the  way  for 
the  introduction  of  the  wntiies  at  home,  the  main- 
tenance of  whom  was,  in  Horace's  opinion  (SaL  I  6. 
101),  one  of  the  miseries  of  wealth.  Hence  a  person 
in  the  suite  of  the  emperor  was  termed  oomsg.  As 
all  power  was  supposed  to  flow  from  the  imperial 
will,  the  term  was  easily  transferred  to  the  various 
offices  in  the  palace  and  in  the  provinces  (comites 
palatini^  provadalts).  About  the  time  of  Con- 
stantine  it  became  a  regular  honorary  title,  includ- 
ing various  grades,  answering  to  the  comiiet  ordwis 
primi^  aecundi,  ietiii.  The  power  of  these  officers, 
especially  the  provincial,  varied  with  time  and  place; 


COMITIA. 

some  presided  over  a  particular  department,  viti 
a  limited  authority,  as  we  should  term  them,  eoai 
miasUmera ;  others  were  invested  with  all  tli 
powers  of  the  ancient  proconsuls  and  praeun. 

The  names  of  the  foUowinjp^  officers  explai 
themselves : — Comes  Orientis  (of  whom  there  seci 
to  have  been  two,  one  the  superiw^  of  tiie  othrr; 
comes  Aegypti,  comes  Britanniae,  comes  Afiicai 
comes  rei  militaris,  comes  portanm,  comes  stabu! 
comes  domestioorum  equitmn,  oomes  dibanana^ 
comes  linteae  vestis  or  vestiarii  (master  of  tbi 
robes).  In  fact  the  emperor  had  as  many  eomU6 
as  he  had  duties :  thus,  comes  oonsistorii,  the  ooi 
peror's  privy-councillor;  comes  largitionom priv^ 
tarum,  an  officer  who  managed  the  emperor's  pd 
vate  revenue,  as  the  oomes  laigitionum  sacraroEJ 
did  tiie  public  exchequer.  The  latter  office  unitd 
in  a  great  measure  the  functions  of  the  aedile  an^ 
quaestor.  The  four  comites  commerdorum,  t^ 
whom  the  government  granted  the  exclusive  privii 
lege  of  trading  in  silk  with  barbarians,  were  nude] 
his  control  An  account,  however,  cf  the  dotiea 
and  functions  of  the  comitea  of  the  later  empin 
does  not  fidl  within  the  scope  of  the  |aeae&l 
work.  fa  J.J 

COMISSATIO  (from  ic«fu»f,  Varr.  DelMg, 
lot.  viL  8d,  ed.  MUller),  the  name  of  a  drinkiog 
entertainment,  which  took  place  after  the  ooeoa, 
from  which,  however,  it  muat  be  distinguished. 
Thus  Demetrius  sa^s  to  his  gnests,  alter  they  hidj 
taken  their  coena  in  his  own  house,  **  Qnin  oh 
missatum  ad  fratrem  imos?**  (Liv.  xL  7);  and 
when  Habinnas  comes  to  Trimalchio's  house  after 
takiuff  his  coena  elsewhere,  it  is  said  that  **  CoBm- 
sator  mtravit**  (Petron.  65).  It  appears  to  U^ 
been  the  custom  to  partake  of  some  food  st  the 
comissatio  (Suet  VUelL  1 3),  but  usually  only  as  a 
kind  of  relish  to  the  wine. 

The  comissatio  was  frequentiy  probnged  to  a 
hite  hour  at  night  (Suet  7^  7) ;  whence  the  mb 
oomiaaari  means  ^  to  revel  *^  (Hor.  Cam,  iv.  1. 11), 
and  the  substantive  oomiaaator  a  **  reveller"*  or 
«"  debauchee.''  Hence  Ciceio  {AdAU.1  16)  calii 
the  supporters  of  Catiline's  conspiracy  epotuntoti 
oonjuratioma,     (Becker,  GiUhta^  vol  iL  p.  235.) 

COMITIA.  This  word  is  formed  bmeo^am, 
or  ootij  and  tre,  and  therefore  eamiiitim  is  a  pbceof 
meeting,  and  comiiia  the  meeting  itself  or  the 
assembled  people.  In  the  Roman  constitution  the 
comitia  were  the  ordinary  and  l^al  meetings  or 
assemblies  of  the  people,  and  distinct  from  the 
oondonea  and  eondUa;  or,  according  tu  the  ttili 
more  strict  definition  of  Messala  (<^.  Gell.  A  \^\ 
oomitia  were  those  assemblies  convened  by  a 
magistrate  for  the  purpose  of  putting  any  subject  to 
their  vote.  This  definition  does  not  indeed  com- 
prehend all  kinds  of  oomitia,  since  in  the  oomi^ 
ealcOa  no  subjects  were  put  to  the  vote  of  the 
people,  certain  things  being  only  annoiuioe<I  Ut 
them,  or  they  being  only  witoeases  to  certain 
solemn  acts,  but  with  this  single  exception  the  de- 
finition is  satisfiictory.  The  Greek  vntea  oo 
Roman  afiairs  call  the  oomitia  tu  ipx^p*^  ^^ 
itpXaipdam,  iKK\fiaia  and  ^^o^opto. 

All  the  powers  of  government  were  <^"<^^^ 
Rome  between  the  senate,  the  magistrates,  aw 
the  people  in  their  assemblies.  Properly  sp<^' 
mg,  the  people  alone  (the  pcpulua)  waa  the  rev 
sovereign  by  whom  the  power  was  delegated  to 
the  magistrates  and  the  senate ;  and  the  d&^ 
trntes  m  particdar  coiUd  not  perform  any  puhw^ 


COMITIA. 


■a. 


tbe  popoliiB  eonsbtod  of  the  patri- 
•)  oidy,  the  plefas  and  the  dienta 


thcj  were  anthonaed  tyy  Che  ienata  and 
The  aorereign  people  or  popnlua,  hoverer, 
vaa  not  t^  one  ai  all  tiinea.  In  the  eaiUest 
tjceaof  1 
maa  (<v  patna] 

fanuD|p  BO  part  oC  the  popnfaia,  but  being  without 
tltt  pale  of  the  alala.     The  crigmal  popnlua  waa 
diTided  iato  thirlj  Mfioe^  and  the  laieinMy  of 
these  cBciM»  or  the  ai«MN!a  carufts  therdbie,  were 
tltt  ealj  aaarmhly  in  which  the  popoloa  waa  fo- 
pceeentad.    A  kiad  of  amalgamation  of  the  patti» 
oana  atad  the  plriM  nfierwaida  appeared  in  the 
coaaisa  of  the  cBrtmiea,  instttated  fay  king  Serrioa 
TqUbh,  and  heneefbtth  the  term  popnlot  waa  ap- 
plied to  the  vmfeed  patiieiana  and  plebciaaa  aatem- 
bkd  in  the  coaritiia  ocaikriata.    Bat  Serrioa  had 
abo  Bade  a  kical  dhriaion  of  the  whole  Roman  ter- 
ntarr  into  thirty  tiibca,  which  held  their  meetings 
ia  itmUki  called  CDauCia  ^-Aata,  which,  in  the 
eovae  ef  time^  aeqnired  the  chancter  of  national 
aaaoahiim,  ao  that  the  people  thoa  anemUed  were 
likewise  dfi^naifd  by  the  term  populna.     We 
ihaH  efamiaa  in  order  the  natue,  power,  and  biisi- 
Dcssofcachof  theaa  difierent  comitia. 
I.  ComriA,  CALAT^    Theae  and  the  comitia 
a  the  only  aaaemUiea  that  met  and  were 
at  Home  prerioaa  to  the  time  of  SenriuB 
Talfia^  and  inaamnch  aa  the  populna  of  which 
xSer  fwaaiatwl  waa  the  lame  aa  the  popoliia  in  the 
comitia  conata,  the^  might  alao  be  called  comitia 
cBiiBla,  baft  they  differed  in  their  objecta,  in  the 
P'laoos  {Raiding  at  then,  and  in  the  pbee  of 
BMiiag.    The  comitia  calala  were  held  nnder  the 
prendcBcy  of  the  ooQege  of  pontifi  (Oellioa,  xr. 
27),  who  alao  eonyened  them.    They  derired  their 
aaae  calala  (from  eofani,  i  e.  oooore)  from  the  cir- 
fimutnac*  that  the  attendants  or  servants  of  the 
poetiiE^  who  were  probably  employed  in  calling 
theta  together,  were  termed  ealahrm.    (Senr.  tui 
Vi^.  (Smr^  i  268w)    Their  place  of  meeting  was 
probably  always  on  the  GajHtol  in  front  <?  the 
com  Cakbta,  which  seems  to  hare  been  an  officiai 
bojlding  of  the  pootifiai  and  to  hare  been  destined 
far  this  purpose.    (FsaL  Diac.  p.  49,  ed.  MQller  ; 
Vsno,  Da  Lng,  £a<L  t.  ).  p.  24.)     With  regard 
to  the  faactiona  of  the  comitia  odata,  all  writers 
are  agreed  that  the  people  assembled  acted  merely 
a  paasire  part,  that  th^  met  only  for  the  purpose 
of  hearing  what  was  annoonced,  and  of  being  wit- 
^■ta  to  the  aetiooa  there  perfimned.     One  of  the 
things  which  were  made  known  to  the  people  in 
these  cosutia,  waa  that  on  the  calends  of  oTery 
asnth  it  waa  prodaioied  on  what  day  of  the  new 
swDth  the  nanea  fell,  and  perfaapa  also  the  ides 
ss  veil  as  tiie  natore  of  the  other  days,  namely, 
vhether  they  were  ftati  or  nefiuti,  coraitiales, 
fcriae,  ftc^  becanae  all  these  things  were  known 
b  tbe  earty  tanea  to  the  pootifls  ezdosirely.    (Lit. 
iz.  46 ;  ICaerob.  SaL  I  15  ;  Serr.  ad  Aen,  TiiL 
^;  Vaira,  Dt  Lb^.  LaL  H  4.)    Another  fane- 
tuQ  of  the  comitia  calata  waa  the  inaofforation  of 
tke  ftnmnea,  and  after  the  banishment  of  the  kings, 
abo  that  of  the  rez  sacroram.    (Oellias,  Lc)    A 
thnd  boainesa  which  waa  transacted  in  them  was 
the  .frrfiieairfi^toiia,  or  the  making  of  a  wilL   The 
object  of  this  waa  prebably  to  prerent^  after  the 
doth  of  the  testator,  any  dispnte  concerning  his 
win,  to  which  the  whole  assemUy  of  the  popnlos 
had  been  a  witness ;  and  it  is  not  improbable  that, 
•s  the  art  of  writing  was  not  soificiently  known  in 
tine  tiBMa,  it  waa  thoogfat  a  matter  of  importanoe 


COMITIA.  SSI 

to  hare  the  whole  popohu  as  a  witness  to  inch  aa 
act,  which  perhaps  consisted  in  an  oral  declaration. 
The  popdos  thna  did  not  vote  upon  the  validity 
or  invalidity  of  a  will,  bat  solely  acted  the  part  of 
-  -«♦—     (Oellios,  XT.  27 ;  Theophil.  iL  10.) 


Assemblies  ftr  the  express  pvpose  of  making  the 
popolna  witnam  to  a  will  were  ia  the  eariiest  timea 
held  twiea  in  areiy  year  (Gaiiia»  ii.  f  101) ;  bat 
thia  austom  afterwards  fell  mto  deaaetnde.  (Oaias, 
ii  §  lOa.)  A  fourth  baaineaa  transacted  in  the 
coBsitia  cahta  was  the  dtUtMio  saeronon,  which 
waa  in  all  piobability  an  aet  connected  with  the 
teatamenti  lactic^  that  i%  a  solemn  dechuatioa,  by 
which  the  heir  was  enjoined  to  ondtftake  the  sacra 

E'vata  of  the  testator  along  with  the  reception  of 
property.  (Oellfais,  xr.  27,  compL  tI  12.)  It 
baa  already  been  oboerred  that  origmally  only  the 
members  of  the  eariae  Ibnned  the  comitia  ca]ftta, 
80  that  they  were  the  same  as  the  comitia  coriata, 
in  thia  respect ;  bat  from  the  words  of  Oelliua 
(aonoa  amttm  oKa  mm  carioto,  aHa  enrfMrtsto),  it 
ia  clear  that  after  the  tone  of  Serrhis  TaUios,  there 
must  hare  been  two  khids  of  comitia  cakta,  the 
one  conToned  according  to  coriae  by  a  lictor,  and 
the  other  according  to  centories  by  a  ooraioen.  As 
regards  the  boainess  of  the  latter,  we  hare  no  in- 
fonnation  whatOTer,  thoogh  it  is  not  impossible, 
that  in  them  all  announcements  respecting  the 
calendar  were  made  by  the  pontifb,  as  this  was  a 
matter  of  interest  to  the  whole  people,  and  not  to 
the  popolvs  alone  (Macreb.  and  SerT.  U,  ee,)  ; 
and  it  may  farther  be,  that  in  the  calata  centoriata 
the  testamenta  of  plebeians  were  laid  before  the 
assembled  people ;  as  in  the  calata  coriata,  they 
were  laid  before  the  assembled  caries. 

II.  CoMrriA  cuaiATA  (^incXiiiria  ^pcrrpur^ 
or  ^orrpuut^)  were  of  for  greater  imporUuice  than 
the  comitia  cakta,  inasranch  aa  the  popalus  here 
was  not  present  in  a  mere  passive  capadtT,  but 
had  to  decide  by  its  votes  as  to  whether  a 
measare  brooght  before  it  was  to  be  adopted 
or  rejected.  Aa  the  popalos  was  at  first  onlT 
the  body  of  real  citisens,  that  is,  the  patn- 
dana,  or  those  contained  in  the  eariae,  none  but 
members  of  the  eariae,  that  is,  patricians,  had  a 
right  to  take  port  in  these  assemblies.  It  is  a 
dispnted  point,  as  to  whether  the  clients  of  the 
patricians  had  a  right  to  rete  in  the  comitia  coriata ; 
bat  it  is  highly  probable  that^  when  they  appeared 
in  them,  they  oonld  not  act  any  other  part  than 
that  of  listeners  and  spectators.  TheT  were  con- 
vened, in  the  kingly  period,  by  the  kmff  himself 
or  by  his  tribanus  celerom,  and  in  the  king's  ab- 
sence by  the  pnefoctas  oibL  (LIt.  L  59.)  After 
the  death  of  a  king  the  comitia  vrere  held  by  tbe 
interrez.  In  the  repnblican  period,  the  president 
was  alwajTS  one  of  the  high  patrician  magistrates, 
via.  a  consul,  praetor  or  dictator.  (Cic.  De  Leg, 
Agr.  ii.  11,  12  ;  Liv.  ix-  88.)  They  were  called 
together  by  licton  or  heralds.  (Gellhis,  xv.  27 ; 
Dionys.  ii  7.)  The  votes  were  given  by  eariae, 
each  curia  having  one  collective  Tote  ;  but  vrithin 
a  curia  each  citiaen  belonging  to  it  had  an  inde- 
pendent vote,  and  the  majority  of  the  members  of 
a  curia  determined  the  Tote  of  the  whole  curia. 
(Geli  I  e, ;  Liv.  i  48  ;  Dionys.  ii  14,  iT.  20,  84, 
T.  6.)  Now  as  the  curiae  were  thirty  in  number, 
it  WBS  impossible  to  obtain  a  simple  majority, 
which  must  always  have  coaosisted  of  16  curiae. 
How  matters  were  decided  in  case  of  15  curiae 
Totmg  for  and  15  against  a  measure,  is  'pite  ud« 


832 


COMTTIA. 


certain ;  and  the  &ct  that  the  awkward  number 
30  was  choeen  or  retained  for  the  assembly  can  be 
accoonted  for  only  by  the  fitct  that  the  number 
three  and  its  multiples  had  a  certain  sacred  import 
in  all  matters  connected  with  the  constitutbn. 
The  order  in  which  the  curiae  voted,  was  not  fixed 
by  any  regulation,  but  it  appears  that  the  one 
which  gave  its  vote  first,  and  was  called  primeipimn^ 
was  determined  by  lot  (Liv.  ix.  38.)  Further 
particuhirs  regarding  the  method  of  voting,  how- 
ever, are  not  known.  The  president  in  the  comitia 
curiata  was  always  the  person  that  had  convoked 
them,  that  is,  in  the  kingly  period,  either  the  king 
himself  or  the  person  that  acted  as  his  vicegerent, 
and  the  meeting  was  always  held  in  the  comitinm. 
As  regards  the  powers  and  fimctions  of  the 
comitia  curiata,  it  must  first  of  all  be  borne  in  mind, 
that  in  the  early  times  no  comitia,  of  whatever 
kind  they  were,  had  the  right  to  originate  any 
measure,  to  introduce  amen£nent8,  or  to  discuss 
the  merits  and  demerits  of  any  subject  that  was 
brought  before  them.  All  they  could  do  was  to 
accept  or  reject  any  measure  which  was  brought 
before  them,  so  that  all  proposals  were  in  fiut  no- 
thing but  rogationes  (popuhu  ro^oter),  which  the 
peoiHe  passed  by  the  formula  uH  rogat^  or  rejected 
by  the  formula  euitiquo.  Whatever  was  thus  de- 
creed became  law  for  the  king  and  senate  no  less 
than  for  the  people.  The  main  points  upon  which 
the  populus  had  to  decide,  were  the  election  of  the 
magistrates,  including  the  king  himself^  the  pass* 
ing  of  laws,  peace  and  war,  the  capital  punishment 
of  Roman  citizens  (Dionys.  il  14,  iv.  20,  ix.  41), 
and,  lastly,  upon  certain  affiiirs  of  the  curiae  and 
Rentes.  In  tne  kingly  period,  the  only  ma^strate 
m  whose  person  all  the  powers  of  the  republican 
officers  were  concentrated,  was  the  king  himseld 
All  the  other  officers  were  appointed  by  him,  with 
the  exception  of  the  quaeetores,  who  were  elected 
by  the  people  (Ulpian,  Dia,  ii.  13 ;  but  comp.  Tac 
Ann.  XL  22 ;  Quautor).  With  resard  to  the 
election  of  the  king,  the  assembly,  as  m  all  other 
matters,  was  limited  to  the  persons  proposed  by 
the  senate  through  the  president  in  the  assembly, 
that  is,  when  the  senate  had  passed  a  decree  re* 
specting  the  election,  the  interr^ges  determined 
upon  the  candidates,  from  among  whom  he  was  to 
be  chosen,  and  then  proposed  them  to  the  curiae. 
(Dionys.  iv.  34,  40,  80,  il  58,  60,  iii.  36  ;  Liv.  I 
17  i  Cic  De  Bm  FM.  ii  13 ;  comp.  Intbrrbz 
and  Rbx.)  The  priestly  officers,  such  as  the  Cn- 
riones,  Flamines  Curialea,  were  likewise  either 
elected  by  the  curiae,  or  at  least  inaugurated  by 
them  (Dionys.  il  22  ;  Gell  L  &),  until  in  later 
times,  &  c.  104,  the  Domitian  law  transferred  Uie 
whole  appointment  of  the  priestly  colleges  to  the 
comitia  of  the  tribes.  Leffislative  proposals  were 
laid  before  the  curiae  by  &e  king  or  the  senate, 
and  they  might  either  pass  them  as  laws  or  reject 
them.  Such  laws  belonging  to  the  kingly  period 
were  the  so-called  Ugea  regiae;  their  numbor  cannot 
have  been  great,  as  custom  and  religion  had  hal- 
lowed and  firmly  established  the  principal  rules  of 
conduct  without  there  being  any  necessity  for 
formal  legal  enactments.  The  right  of  finally  de- 
ciding upon  the  life  of  Roman  citisens  (Judida  de 
capUt  dvis  Romani)  is  said  to  have  been  given  to 
the  populus  by  king  Tullus  Hostilius  (Liv.  I  26, 
viil  33 ;  Dionys.  iil  22)  ;  and  previous  to  the  con- 
stitution of  Servius  Tullius  this  privilege  was  of 
course  confined  to  the  patricians,  fiir  whom  it  was 


COMITIA. 

nothing  else  but  the  right  of  appealing  from  t] 
sentence  of  the  king  or  judge  to  the  assembly  I 
their  peers.     When  Valerius  Publioola  rexiew^ 
this  law,  it  must  have  been  extended  to  the  pli 
beians  also.    The  fourth  right  of  the  assembly  i 
the  populus  was  that  of  deddlnff  upon  war  an 
peace,  but  this  decision  again  coiud  only  be  mad 
when  it  was  proposed  by  the  king.     With  regari 
to  the  declaration  of  war  there  is  no  doabt  <L.ii 
I  32  i  Oellius,  xvl  4 ;  Dionys.  viii  91,  ix.  69) 
but  then  is  no  instance  on  record  of  the  populu 
ever  having  had  any  thing  to-  do  with  the  cosschs 
sion  of  treaties  of  peace  ;  no  trace  of  it  oocnrs  til 
long  after  the  establishment  of  the  repablie,  ao  thai 
we  may  fitiriy  presume  that  in  eady  thnca  thi 
conclusion  of  pace  was  left  to  the  king  (or  thi 
consuls)  and  the  senate,  and  that  Diooysana,  as  in 
many  other  instances,  transfened  a  later  custom  to 
the  early  times.    Besides  these  great  Innctians  the 
curiae  Ind  unquestionably  many  otfaefs  relating  to 
their  own  internal  administFation ;    and   amocft 
them  we  ma^  mention,  that  no  new  membeiv 
could  be  admitted  into  a  coiia,  either  by  the  eo- 
optatio  of  strangers  or  by  the  adlectio  of  plebeians, 
without  the  consent  of  the  assembly  of  the  curies  ; 
and  that  no  arrogatio  could  take  place  withoot  the 
concurrence  of  the  assembled  curiae  under  the  pre- 
sidency of  the  pontifi.    The  consent  of  the  cnrioe 
in  such  cases  is  expressed  by  the  term  far  emriata, 
(Gellins,  v.  19  ;  Tac  HisL  1 15.)     It  mast  further 
be  remarked,  that  when  a  magistrate  (soch  as  the 
king)  proposed  to  the  assembly  had  been  elected, 
the  populus  held  a  second  meeting,  in  which  he 
was  formally  inducted  in  his  new  officeu     This 
fonnality  was  called  U»  euriata  de  tniperib,  where- 
by the  magistrate  received  his  tmpmim,  together 
with  the  right  of  holding  the  comitia.    (Liv.  t,  52 ; 
Dion  Cass,  zxzix.  19,  zll  43  ;  Cic.  De  Leg,  Agr, 
il  12.)    It  was  not  till  a  magistrate  had  thus  been 
solemnly  installed,  that  he  was  a  wagjuitrvame  tp- 
Hma  lege  or  opUmojtin,  that  is,  in  the  full  posses* 
sion  of  all  the  rights  and  privilwes  of  hb  officer 

Down  to  the  tune  of  Stfvius  TuEins,  the  comitis 
curiata  were  the  only  popular  assemblies  of  Rome, 
and  remained  of  course  in  the  undiminished  pos- 
session of  the  rights  above  described  ;  but  the  con- 
stitutbn of  that  king  brought  about  a  great  change 
by  his  transfening  the  principal  rijghts  which  had. 
hitherto  been  enjoyed  by  the  curiae  to  this  new 
national  assembly  or  the  comitia  centnriatL  The 
power  of  dectiiig  the  magistrates,  the  decisioi 
upon  war,  the  passing  of  laws  and  jurisdiction  in 
cases  of  appeal  to  the  body  of  the  Roman  people^ 
were  thus  transferred  to  the  comitia  of  the  cen- 
turies. But  while  the  patricians  were  obliged  to 
share  their  rights  with  the  plebeians,  they  reaerred 
for  themselves  the  very  important  riffht  of  saoc> 
tioning  or  rejecting  an^  meaanre  whidi  had  been 
passed  by  the  centuries.  Even  independent  of 
their  right  finally  to  decide  upon  these  questions, 
they  seem,  for  a  time  at  least,  to  have  exerdicd  s 
considerable  power  in  several  departments  of  the 
government :  thus,  the  abolition  of  royalty  and  the 
establishment  of  the  republic  -are  said  to  have  been 
decreed  by  the  curiae  (Dionys.  iv.  75,  S4) ;  in 
like  manner  they  decided  upon  the  propvty  of  the 
last  king  (Dionys.  v.  6),  and  upon  the  rewardi  to 
be  given  to  those  who  had  given  Jbformation  re- 
specting the  conspiracy  (v.  57).  Tlie  sanction  of 
decrees  passed  by  the  centuries  is  often  ezpieiied 
hj  paint  atfcforesyEMn^  and  down  to  Uft  time  of  the 


COMITIA. 

Pabiniaii  law  no  decree  of  the  eentoriet  or  tribes 
temid  beoane  lav  without  this  miction.  It  need 
bardlj  be  rmaiked  that  the  curiae,  as  long  as  they 
cxitted,  Rtaiaed  the  exercise  of  sach  rights  as  af> 
fecied  the  wdSue  of  their  own  eorpocations  and 
the  xdkionB  xites  eoanected  with  themu  We  sab- 
JMn  a  lat  of  the  pofwera  and  functions  which  the 
carise  eoatimied  to  exercise  down  to  the  end  of 
theiepvfaaicL 

1.  Thej  confetred  the  inperiom  and  the  right 
«f  takiqg  the  aaspioea  upon  magistnies  after  their 
clectkB  ;  this  was  done  by  the  Issr  emnaia  de  nn- 
pnm    This  right  however  most,  in  the  comae  of 
time,  have  become  a  mere  natter  of  ibnn,  and 
ia  the  tine  of  Ckero  {ad  AtL  W,  18,  ad  Fam. 
zm.  1),  persons  even  might  form  the  plan   of 
piaiag  over  three  aagois  to  decfare  that  they 
bad  been  laiauAt  in  the  comitia  of  the  curiae,  at 
vkiih  the  umieiium  had  been  confened,  although 
IB  leaiiiy  no  sneh  oomitia  had  taken  plaee  at  idL 
Tkis  fr^  wananta  the  oondusion  that  at  that 
tiise  few  persona,  if  any,  noticed  such  oomitia  or 
t^  gnating  of  the  impcrium  in  them.    (Comp. 
Cic  ad  P«mu  \.%  ad  Q,  FnOr.  iii.  2.)     2.  The 
inaagaiation  of  certsia  priests,  such  as  the  Fhh- 
MiMs  and  the  Rex  Sacmmm,  though  this  took 
place  in  thsee  oomitia  of  the  curiae,  which  were 
calkd  cilata.     The  curio  maximus  was  in  all  pro- 
bsbiity  eoBsecnted,  if  not  dected,  in  the  comitia 
cnciaia.    (Lit.  xxviL  8.)    S.  The  internal  afEuis 
of  the  onriaie  themsdves  and  of  the  fiunilies  con- 
nected with  them ;  but  most  of  them  csme  only 
be&ietheeonoitiacakta.    (See  above.)    The  real 
enctia  eoriata  began  to  be  a  mere  formality  as 
etriyssthetimeof  thePuniewan,  and  the  ancient 
dirinoii  into  curiae,  as  it  gnuiually  lost  its  im- 
potlanee,  fell  into  oblivion :  the  phce  of  the  patri- 
dsDs  waa  fflkd  by  the  nobiles  or  optimates,  and 
tbe  comitia  of  the  former  became  a  mere  empty 
riwv  (Cic  De  lAg.  Agr.  iL  12),  and,  instead  of 
the  tbaty  curiae  themselves  giving  their  votes,  the 
ceRBooy  was  performed  by  thirty  lictors.    The 
patrioBa  coautia  cakta  vrere  continiMd  mnch  longer, 
e^edsOy  for  the  purpose  of  arrogatUmegy  wluch 
snderthe  empire  sgain  became  a  matter  of  sooae 
cimirqumtf.    [Anopna] 

IIL  CoMrriA  ckntuuata  (^  Aox'rtr  U- 
cXii^).  The  object  of  the  l^sktion  of  Ser- 
rsm  Tsflius  waa  to  unite  the  diffsrent  elements 
if  which  the  Romaa  people  consisted,  into  one 


COMITIA.  933 

great  political  body,  in  which  power  and  m- 
fluence  were  to  be  determined  by  property  and 
age.  For  this  purpose,  he  divideJ^  in  his  census, 
the  whde  body  of  Rinnan  dtisens  into  six  pro- 
perty classes,  and  193  centnriae  (A^x**)  or  votes, 
from  which  the  assemblies  in  which  the  people 
gave  their  votes  were  called  comitia  centuriata. 
[CBN8U8.]  By  this  means,  Servius  brought  about 
an  amalgamation  of  timocvMy  and  aristocracy ;  and 
the  poor  dtisens,  though  th^  met  their  wealthier 
brethren  on  a  footing  of  equali^,  yet  were  un* 
able  to  exercise  any  great  influence  upon  public 
affiurs,  for  the  wealthier  classes  voted  fait,  and  if 
they  agreed  among  themsdves,  they  fonned  a  majo- 
rity before  the  poorer  classes  would  be  called  upon 
to  vote  at  alL  In  order  to  render  these  genenl 
observations  more  intelligible,  it  is  necessary  to 
give  some  account  of  the  census  which  Servius  in- 
stituted, and  of  die  manner  in  which  the  voles 
were  distributed  among  the  several  divisions  of  the 
peoideu  The  whole  people  vras  conceived  as  sn 
army  (eMrntat,  or,  according  to  the  more  andent 
term,  dloamX  '^'^  ^"^  therefore  divided  into  two 
parts:  the  cavalry  (egmtoi), and infontiy  (;wtf«te»X 
though  it  is  not  I^  any  means  necessary  to  sop- 
pose  that  the  people  assembled  m  armsw     The  in- 


fontry  waa  divided  into  five  dasses,  or,  ss  Dionysius 
has  it,  into  six  chuses,  for  he  regards  the  whole 
body  of  people,  whose  property  did  not  come  up 
to  the  census  of  the  fifth  class,  as  a  sixth.  The 
dass  to  which  a  dtiaen  belonged,  determined  the 
trfbmtmmy  or  war  tax,  he  had  to  pay,  as  vrell  as  the 
kind  of  service  he  had  to  perform  in  the  army  and 
the  armour  mwhich  he  had  to  serve.  But  for  the 
purpose  of  voting  in  the  oomitia,  each  cUm  was 
subdivided  mto  a  number  of  centuries  (emteriae, 
probably  because  each  was  conceived  to  contain 
100  men,  thoogh  the  centuries  may  have  greatly 
difiered  in  the  number  of  men  they  contained), 
one  half  of  which  consisted  of  the  jeatorai^  and  the 
other  of  the  jmiiore$.  Each  century,  further,  was 
counted  as  one  vote,  so  that  a  dass  had  as  many 
votes  as  it  contained  centuries.  In  like  manner, 
the  eqnites  were  divided  into  a  number  of  centuries 
or  votes.  The  two  prindpal  anthoritiea  on  these 
snbdivinons  are^  Livy  (i  43%  and  Dionynns  (iv. 
16,  &C.,  vii.  59),  and  the  annexed  table  will  show 
the  census  as  well  as  the  number  of  centuries  or 
votes  assigned  to  each  dass,  and  the  order  in  which 
they  voted. 


Aeoo^dmg  to  Xmjjt. 
LClassbl    Census:  100,000  ai 

40  prntnriae  seniorum. 

40  ccBtnriae  juniemm. 

2  eentanae  ftfamm. 
n.CLA8Bi&    Onsos:  75,000 

10 

10 


ni.CLAasuL    Onsus:  50,000 

10  eeatorise  seniorum. 

10  ceaturme  juniorum. 
lY.CLiasnL    Census:  25,000 

10 
10 


Aeeordimg  to  DiomjftiMM^ 
1.  Classis.    Census:  100  minae. 
40  centuriae  seniorum. 
40  centuriae  juniorum. 

IL  CLASSn.    Onsus :  75  minae. 
10  centnriae  I 
10  centur 

2  centnriae  ^rum(one  voting  with  the  I 
and  the  other  with  the  juniores). 

III.  Clabsis.    Census:  50  minae. 
10  centuriae  seniorum. 

10  centuriae  juniorum. 

IV.  CLAsan.    Census :  25  mmae^ 
10  centuriae  seniorum. 

10  centuriae  juniorum. 

2  centnriae  comicinum  and  tubicmum  (one  voting 

vrith  the  seniores,  and  the  other  with  the 

juniores). 


zu 


COMITIA. 


COMITIA. 


Accofdtny  to  JjUitiyttuSm 
y.  Classis.     Census  :  12^  miiuie. 
15  centuriae  senioram. 
15  centuriae  juniorunL  15  centuriae  junionim. 

3  centuriae  accensonun,  comicinum,  tubicinnm.   VI.  Classis.     Census :  below  12^  muiae. 
1  centuria  capite  censorum.  1  centuria  capite  censonxm 


According  to  Livy, 
y.  Classis.     Census:  11,000  asses. 
15  centuriae  seniorum. 


According  to  both  Dionysius  and  Livy,  the  equites 
voted  in  eighteen  centuries  before  the  leniores  of 
the  fint  class ;  and  henoe,  there  were  according  to 
Livy^  altogether  194,  and,  according  to  Dionysius, 

193  centuries  or  Totes.    Livy*s  even  number  of 

194  centuries  would  have  rendered  it  impossible  to 
obtani  an  absolute  majority  in  the  comitia  ;  and  it 
has  been  assumed,  that  he  made  a  mistake  in  the 
three  centuriae  accensonun,  comicinuin,  tubicinnm, 
which  he  adds  to  the  fifth  dass.  Dionysius  seems 
to  have  represented  the  matter  in  its  right  light, 
and  is  also  bom  out  by  Cicero  (Da  B»  PubL  il 
22),  who  describes  ninety-«ix  as  the  minority  ;  but 
in  other  respects,  Cicero  is  irreconcileable,  both 
with  Livy  and  Dionysius :  a  difficulty  which  will 
probably  never  be  solved  satisfactorily,  as  the  text 
IS  corrupt  The  other  discrepancies  between  Livy 
and  Dionysius  are  not  of  great  importance^  They 
consist  in  the  pkioes  assigned  to  the  two  centuriae 
fabrum,  the  two  of  the  comicines  and  tubicinea, 
and  in  the  census  of  the  fifUi  class.  With  regard 
to  the  last  point,  Dionysius  is  at  any  rate  more 
consistent  in  his  ^[radation,  and  in  so  fiir  deserves  to 
be  preferred  to  Livy.  As  for  the  pUoes  assigned  to 
the  four  centuries,  it  is  impossible  to  determine 
whether  Livy  or  Dionysius  is  right ;  and  we  can 
only  say,  that  Cicero  agrees  with  neither  of  them, 
assigning,  as  he  does,  only  one  century  of  the  fiibri 
tignarii  to  the  first  ckss. 

In  this  manner  all  Roman  citizens,  whether 
patricians  or  plebeians,  who  had  property  to  a  cer- 
tain amount,  were  privileged  to  take  part  and  vote 
in  the  centuriata  comitia,  and  none  were  excluded 
except  slaves,  peregrini,  women  and  the  aerarii. 
The  juniores  were  all  men  firom  tiie  age  of  seven- 
teen to  that  of  forty«six,  and  the  seniores,  all  men 
from  the  age  of  forty-six  upwards.  The  order  of 
voting  was  arranged  in  such  a  manner,  that  if  the 
eighteen  centuries  of  the  equites  and  the  eighty 
centuries  of  the  first  class  were  agreed  upon  a 
measure,  the  question  was  decided  at  once,  there 
being  no  need  for  calling  upon  the  other  classes  to 
vote.  Hence,  although  ful  Roman  citizens  ap- 
peared in  these  comitia  on  a  footing  of  equality, 
yet  by  far  the  greater  power  was  thrown  into  the 
hands  of  the  wealthy. 

As  regards  the  functions  of  the  oomitia  centuriata, 
it  must  be  observed  in  general,  that  all  the  business 
which  had  before  belonged  to  the  comitia  curiata, 
^as  transferred  by  Servius  to  the  comitia  centu- 
riata, that  is,  they  received  the  right  of  electing 
the  higher  magistrates,  of  making  laws  and  of  de- 
ciding upon  war,  and  afterwards  also  of  concluding 
peace  with  foreign  nations. 

(a.)  Ths  decHon  of  maguiratet.  After  the  pre- 
siding magistrate  had  consulted  with  the  senate 
about  the  candidates  who  had  offered  themselves, 
he  put  them  to  the  vote.  The  magistrates  that 
were  elected  by  the  centuries  are  the  consuls 
(whence  the  assembly  is  called  oomitia  oontularioy 
Liv.  L  60,  X.  11),  the  praetors  (hence,  oomitia 
vradoriOf  Liv.  viL  1,  x.  22),  the  military  tribunes 
with  consular  power  (Liv.  v.  52),  the  censors  (Liv. 


vii.  22,  xL  45),  and  the  decemvirs.  (LiT.  iii.  32»  3o.} 
There  are  also  instances  of  prooonsala  bein^  elected 
by  the  centuries,  but  this  happened  only  in  extza^ 
ordinary  cases.    (Liv.  xxxiii  30,  xzzjt.  18.) 

(b.)  LeffidatuM.  The  legisbtive  power  of  tbe 
centuries  at  first  consisted  in  their  paaaini;  or  re- 
jecting a  measure  which  was  broogbt  before  them 
by  the  presiding  magistrate  in  the  tonn  of  a  aenatas 
consultnm,  so  that  the  assembly  had  no  T%ht  of 
originating  any  legislative  measure,  bat  Toted  only 
upon  such  as  were  brought  before  them  bm  zesolo- 
tions  of  the  senate.  When  a  proposal  was  passed 
by  the  centuries  it  became  law  (iiar>.  The  firs^t 
law  passed  by  the  centuries  of  which  we  hare  any 
record,  was  the  lex  Valeria  de  provocatione  (Cic 
DoHt  PubL  il  31),  and  the  laws  of  the  tvelve 
tables  were  sanctioned  by  the  centoriea. 

(c.)  The  deei$ion  upon  war^  on  the  ground  of  a 
senatus  consultum,  likewise  belonged  to  the  cen- 
turies and  is  often  mentioned.  It  ia  generallj 
believed  that  they  had  also  to  dedda  i^mni  the  eatt- 
dusion  of  peace  and  treaties,  but  it  haa  been  aatia- 
fiictorily  proved  by  Rubino  (  UAer  Mmu  ^aaimvn/i 
p^  259,  &c)  that  in  the  early  part  of  the  repablic; 
and  perhaps  down  to  the  peace  of  Caadiiun,  this 
was  not  the  case,  but  that  peace  was  condoded  by 
a  mere  senatus  consultum,  and  without  anj  co- 
operation of  the  people. 

(d.)  Tha  k^kegt  judidal  power.  The  eooutia 
centuriata  were  in  the  first  place  the  higfaeat  court 
of  appeal  (iMon  Cass,  xxxix.  27,  &&  ;  compL  Ap- 
PBLLATio),  and  in  the  second,  they  had  to  tiy  all 
offences  committed  against  the  state  ;  hencc^  all 
cases  of  perdudUo  and  ma^edat^  and  no  caae  in* 
volving  the  life  of  a  Roman  citizen  could  he  de^ 
cided  by  any  other  court  (Cic  />.  Seal.  30,  34, 
/)sAd/HfU.ii,36,jD0/>^.iiL4;Polyb.vL4,  14.) 
This  last  right  was  revived  or  introdnoed  bj  the 
Valerian  law  ( Plat  PM,  1 1 ),  and  Sporiua  Otas'nia 
was  condemned  by  the  comitia  of  the  centnrica. 
There  is  no  reason  for  believing  that  the  lawa  of 
the  twelve  tables  increased  the  power  of  the  cen- 
turies in  this  respect ;  and  Servius  TuUins  aeema, 
in  consistency  with  his  principles,  to  have  been 
obliged  to  constitute  his  national  assembly  at  tbe 
same  time  as  the  high  oonrt  of  justice. 

All  the  powers  which  we  have  here  mentioned  as 
possessed  by  the  centuries,  had  to  be  aaactioned, 
when  exercised,  by  the  curies,  and  through  this  sanc- 
tion alone  th^  became  valid  and  binding.  The  elec- 
tion of  a  magistrate,  or  the  passing  of  ataw,  though 
it  was  made  on  the  ground  of  a  senatus  oonsnltam, 
yet  required  the  sanction  of  the  caries.  Bnt,  in 
the  course  of  time,  the  assembly  shook  ofif  this 
power  of  the  curiae,  which  became  merely  a  for- 
mality, and,  in  the  end,  the  curiae  were  obliged  to 
give  their  sanction  beforehand  to  whatever  the 
centuries  might  determine.  This  was  efiected  bv 
the  Publilian  law,  in  &c.  337.  (Liv.  viii.  12.)  As 
thus  the  centuries  gradually  became  pow«^ 
enough  to  dispense  with  the  sanction  of  the  coriae, 
so  they  also  acquired  the  right  of  discussing  and 
deciding  upon  nuttters  which  were  not  brought  bo* 


CDMITIA 

fere  them  zn  thelbni  of  a  Mnatiis  connltom  ;  thit 
K  the  J  acquired  tlie  power  of  origbuituig  mesfiires. 
In  refeiqicje  to  the  election  of  magigtimtei,  the 
eoraitiK  erigiiiany  wcto  not  allowed  to  elect  any 
ether  exeept  thoae  who  were  propoeed  by  the  pie> 
iiiest,  no  hinaelf  was  entirely  guided  by  the 
rmlatioD  of  the  aenate  ;  bat  in  the  ooutm  of  time, 
the  people  nwcitcd  their  right  so  &r  as  to  oblige 
the  president  to  propoee  any  candidate  that  mig^t 
Q^er  himaplf,  wiUmot  the  preTioas  sanctioa  of  the 
senate.  This  change  took  place  about  &  a  482. 
la  kgidative  meaaores  a  senatas  ^^**""^*"i  waa 
iadisppnsaWe^  and  this  senatos  ecosoltuai  was 
liraght  betee  the  people  by  the  causal  or  the 
senator  who  had  originated  the  measure,  after 
it  had  fRTioBaly  been  exhibited  in  public  for 
aevalieen  daya,  to  gire  the  people  an  uppuitunity 
of  brmming  acqnaioied  with  the  nature  of  the  pro- 
posed law.  (Appian,  de  BdL  dv.  1 59  ;  Cie.  p. 
SaL  61,  m  F^rnm.  15.)  Whether  the  comitia 
ie<4uiied  a  sfwttns  eonsoltam  in  cases  where  they 
acted  ss  the  si^itcme  court  of  justice,  is  uncertain, 
St  least  we  haTe  no  example  of  a  senatus  eonsultnm 
k  iBchacaaa  on  neord. 

The  oonitia  centoriata  could  be  held  only  on 
dita  mrnUiaimt  or  /Enti,  on  which  it  was  lawful  to 
taamct  bminesa  with  people,  and  the  number  of 
nch  da^  in  ereiy  year  was  about  190  (Varra, 
IM  L,  L,  tL  29  ;  FcsL  a.  o.  Ckmiiialet  diet; 
Macrebw  SaL  i.  16)  ;  but  on  d«8S  ne/b$ei  (that  is, 
daafaHf^riaii:  comp.  Diss),  and,  at  first,  also 
ao  the  nsDiidinne,  no  comitia  could  be  held,  until 
ID  B.  a  287  the  Hostensian  faiw  ordained  that 
ihe  nandinae  should  be  regarded  as  dies  frsti 
'  (Macrahu  SaL  i.  \B\  so  that  hencefiorth  comitia 
mi^t  be  hdd.  on  the  nundinea,  though  it  was  done 
xaKly.  (CSc  0d  AtL  L  14.)  Comitia  for  the  pur- 
pose of  nisiin(j,  laws  could  not  eren  be  held  on  all 
4iiesfiuti.  (CicDa/irao.  Om  19.)  The  comitia 
ir  flfrtions  took  place  every  year  at  a  certain 
pniod,  though  it  depended  upon  the  senate  and  the 
c<Bsula»  sa  to  wbetluer  they  wished  the  elections  to 
take  place  eariier  or  hler  than  usual  {Cicp.MiL 
S,  od  FosL  TiiL  4, /I.  A/wm.  25.) 

The  pboe  where  the  centuries  met,  was  the 
Campus  Maitiua  (Cic  «/  Q.  Frat  il  2  ;  Bionys. 
ir.  84,  ^  59),  which  contahied  the  septa  for  the 
voters,  a  tabetnacnlum  for  the  president,  and  the 
liHa  paUica  far  the  aognm  (Cie.  p.  Rob.  Perd. 
4  ;  Gdliv,  sir.  7  ;  Varra,  De  Im^,  LaL  vi.  87.) 
Tbe  president  at  the  comitia  was  the  tame  magis- 
tote  who  oonroked  then,  and  this  right  was  a 
pnrilege  of  the  consuls,  and,  in  their  absence,  of 
the  pnetoBk  (Cic.  ad  Fam^  x.  12.)  An  interrex 
sad  dieialor  also,  or  his  representatiTe,  the  magister 
e^aitaB^  m%ht  likewise  oouTene  and  preside  at  the 
cooitia.  (laT.Tiii  23,  zxr.  2  ;  Cic  De  heg.  ii  4.) 
At  the  benming  of  the  republic,  the  piaefectus 
vbi  heU  the  comitia  &r  the  election  of  the  first 
coDisls  (Lit.  i.  60)  ;  and  the  censors  assembled 
tbe  people  only  on  account  of  the  census  and  the 
laitnna.  (Varra,  De  L.  L,  yi.  86.)  In  cases 
vken  the  aaaemUy  was  constituted  as  a  court  of 
jmtioe,  infienor  magistrates,  after  haTU^  obtained 
the  perBMsimi  of  tSs  cousoIb,  might  likewise  pre- 
side, (lir.  zsri  3^)  One  of  the  main  duties  do- 
TolTiqg  upon  the  president,  and  which  he  had  to 
pei&nn  befim  ho4ding  the  comitia,  was  to  consult 
tke  satpioes.  {Am^iearL)  For  thii  purpose,  the 
imgifiiate  aceompudod  by  an  augur  went  out  of 
the  dtj  cariy  in  the  morning,  and  chose  a  taber- 


COMITIA  835 

nacolum  or  templum.  There  the  angnr  began  hit 
obserratiooa,  and  gare  his  opinion  either  that  the 
comitia  might  be  held,  or  that  they  must  be  deferred 
till  another  day.  This  decfaration  was  gircn  to 
the  magistrate ;  and  when  the  auspices  were  farour^ 
able,  the  people  were  called  together,  which  was 
done  by  three  soeeeasiTe  and  distinct  acta:  the 
firrt  was  quite  a  general  iuTitatioa  to  come  to  the 
aasembly  (wfieiwN,  Vaira,  De  L,L,yl  94,  comp. 
8^  88).  At  the  same  time  iriicn  this  inritation 
was  proclaimed  dram  mtmm  or  de  mosrw,  a  hora 
waa  blown,  which  being  the  men  audible  signal^ 
is  mentioned  by  some  writen  alone,  and  without 
the  mlidum.  ((}ellhia,  xr.  27  ;  Vam,  De  L,L. 
T.  91.)  When  upon  this  signal,  the  people  as- 
sembled in  irregular  masses,  there  followed  the 
second  call  by  the  aceensns,  or  the  call  <id  ooaeio«es» 
or  ooMMa^KMsai  /  that  is,  to  a  regular  assembly, 
and  the  crowd  then  separated,  granping  themseWca 
according  to  their  classes  and  agesu  (Varra,  De 
L,L.  li,  88.)  Hereupon  the  consul  appeared, 
ordering  the  people  to  come  ad  comiHa  omtenoto  ; 
and  led  the  whole  eamreiim — fer^  ia  these  comitia^ 
the  Roman  people  are  always  conceived  as  an 
exerdtus  —  out  of  the  city,  to  the  Campus  Martins. 
(Vam,  L  e. ;  Liv.  xxxix.  15.)  It  was  customary 
from  the  earliest  times  for  an  armed  feroe  to  occupy 
the  Janiculum,  when  the  people  were  assembled  m 
the  Campus  Martins,  far  the  purpose  of  protecting 
the  city  against  any  sudden  attack  of  the  neighbour^ 
mg  people  ;  and  on  the  Janiculum,  a  vexillum  waa 
hoisted  during  the  wh^  time  that  the  assembly 
Utf  ted.  This  custom  continued  to  be  obserred  even 
at  the  time  when  Rome  had  no  loQger  any  thing 
to  fear  finim  the  neighbouring  tribes.  (Liv.  Le.i 
GelL  XT.  27  ;  Macrob.  SaL  I  16  i  Dion  Cass, 
xxxrii  27,  &c. ;  Serr.  ad  Aem.  viii.  1.)  When 
the  people  were  tiius  regularly  assembled,  the  busi- 
ness was  commenced  with  a  solemn  sacrifice,  and  a 
prayer  of  the  president,  who  then  took  his  seat  on 
his  tribunal.  (Dionysi  rii.  59,  x.  32  ;  Liv.  xxxL 
7,  xxxix.  15  ;  Cic.  p,  AfMrrn.  1  ;  Lir.  xxri  2.) 
The  president  then  opened  the  business  by  laying 
before  the  people  the  subject  fer  the  decision,  upon 
which  they  had  been  convened,  and  conchtded  his 
exposition  with  the  words :  veUie^jiibeatie  QmHtee^ 
e.  g.  bellian  wUdy  a  mt  Af,  l^dUo  aqea  igid  mUr- 
dictum  tii,  or  whatever  the  subject  might  be.  This 
formula  was  the  standiiig  one  in  all  comitia,  and 
the  whole  exposition  of  the  president  was  called 
ropaHo  (Liv.  iv.  5,  vi  40,  xxi  1 7,  xxiL  1 0,  xxx.  43  ; 
Ci&  De  Fin,  ii.  16,  ta  Fieon.  29,  p.  Dom,  17,  80  ; 
Qell.  V.  19.)  When  the  comitia  were  assembled 
for  the  purpose  of  an  election,  the  presiding 
magistrate  had  to  read  out  the  names  of  the  can- 
didates, and  might  exercise  his  influence  by  re- 
commending the  one  whom  he  thought  most  fit  for 
the  office  in  question.  (Liv.  x.  22,  xxii.  85.)  He 
was,  however,  not  obliged  to  announce  the  names  of 
all  the  candidates  that  offered  themselves ;  as,  for 
example,  if  a  candidate  had  not  attained  the  legi- 
timate age,  or  when  he  sued  for  one  office  without 
having  been  invested  with  those  through  which  he 
had  to  pass  previously,  or  if  there  was  any  other 
legal  obstacle ;  nay,  the  president  might  declare, 
that  if  a  person,  to  whom  he  had  any  sudi  objection, 
should  yet  be  elected,  he  would  not  recqenise  his 
election  as  valid.  (Liv.  iii.  21,  xxiv.  7  ;  VaL  Max. 
iii  8.  §  3.)  If  the  anembly  had  been  ccmvened 
for  the  purpose  of  passing  a  legislative  measure, 
the  president  usually  recommended  the  proposal,  or 


836 


COMITIA, 


he  might  grant  to  others,  if  they  desired  it,  per* 
iniMion  to  speak  ahout  the  measure,  either  in  its 
fiivoor  or  against  it  {Concumtm  dare,  Liv.  liL  71, 
xxxL  6,  &c,  xlil  34  ;  Appian,  De  B.C.  ill; 
Dion  Cass,  xzxviil  4  ;  Qnintil,  il  4.  §  3.)  In  this 
case,  however,  it  was  customary  for  priTate  per* 
sons  to  speak  before  any  magistrate,  and  the  orators, 
until  the  time  of  Oraochus,  while  speaking  turned 
their  fooe  towards  the  comitium  and  the  senate 
house.  (Dion  Cass,  xxziz.  85  ;  Cic  Lad,  ^  ; 
PluL  a  Graodk.  5,  Tib.  Cfracdu  14.)  When  the 
comitia  acted  as  a  court  of  justice,  the  president 
stated  the  crime,  pro^Msed  the  punishment  to  be 
inflicted  upon  the  offender,  and  then  allowed  others 
to  speak  either  in  defence  of  the  accused  or  against 
him. 

When  the  subject  brought  before  the  assembly 
was  sufficiently  discussed,  the  president  called 
upon  the  people  to  prepare  for  voting  by  the  words : 
iU  m  mj'rcmum^  beHejttwuU&its  diis,  (Liv.  zxxi. 
7.)  He  then  passed  the  stream  Petronia,  and 
went  to  the  tepia.  If  the  number  of  citizens 
present  at  the  assembly  was  thought  too  small, 
the  decision  might  be  deferred  till  another  day, 
but  this  was  rarely  done,  and  a  question  was 
usually  put  to  the  vote,  if  each  century  was  but 
represented  by  a  fewdtixens.  (Liv.  vil  18  ;  Cic 
/>.  Sexi.  Bl^dsLeg,  Agr,  il  9  ;  Plut.  TSb,  Chraock. 
16 ;  Dion  Cass,  zxxix.  80.)  Respecting  the 
manner  in  which  the  votes  were  given  in  the  ear- 
liest times,  opinions  are  divided :  some  think  that 
they  were  given  viva  voce,  and  others  by  means 
of  ecJadiy  or  in  both  ways,  though  it  seems  to 
be  more  probable  that  calaili  were  used.  The 
leges  tabellariae  introduced  a  change  in  this 
respect,  ordaining  that  the  votes  should  be  given 
in  writing.  [Lbobs  tabbllariab.]  But  pre- 
vious to  the  leges  tabellariae,  the  rogatores, 
who  subsequently  ooUected  the  written  votes, 
stood  at  the  entrance  of  the  septa,  and  asked 
eveiy  citizen  for  his  vote,  which  was  taken  down, 
and  used  to  determine  the  vote  of  each  century. 
(Dionys.  vii.  64.)  In  legislative  assemblies,  the 
voter,  probably  from  the  earliest  times,  signified 
his  disapproval  by  the  word  antiquo,  and  his  ap- 
proval by  vH  rogat,  (Liv.  vL  38,  x.  8,  xxx.  43, 
xxzl  8,  xxxiil  25  ;  Cic  de  Leg,  il  10.)  At 
elections,  the  name  of  the  successful  candidate 
was  mentioned  to  the  rogator,  who  had  to  mark 
the  fovourable  votes  by  dots  which  he  made  by 
the  side  of  the  name :  hence  puneta  firre,  to  be 
successful  (Liv.  x.  13,  22,  xxix.  22.)  The 
custom  of  voting  at  elections  by  tablets  with  the 
name  of  the  candidates  written  on  them,  was  in- 
troduced in  B.  a  1 39,  by  the  lex  Gabinia  tabellaria 
(Cic.  £h  Leg.  iil  16)  ;  two  years  later  L.  Cassias 
introduced  the  same  custom,  in  cases  of  the 
comitia  acting  as  a  court  of  justice  (Cic  Brut, 
27),  and,  afterwards,  it  was  established  also  in 
legislative  assemblies,  and  in  cases  where  the 
comitia  tried  persons  for  perduellio.  [Lbgbs  ta- 
BBLLARiAB.]  The  two  tablets  which  were  dven 
to  each  person  for  the  purpose  of  voting  on  legis- 
lative measures,  were  marked  the  one  with  U 
and  the  other  with  A  {uH  rogat  and  anHqiio.  Cic 
ad  AU,\.  14).  At  elections,  the  citizens  obtained 
blank  tablets,  that  they  might  write  upon  them 
the  name  of  the  candidate  for  whom  they  voted. 
{C'lcPhU,  xi.  8 ;  Plut  C.  Graedi,  B^OaLAfm,  46  ; 
Plin.  EpisL  iv.  25.)  In  judicial  assemblies,  every 
citiaen  received  two  tablets  marked  A  (oftsoAw) 


COMITIA. 

and  C  (eondemno),  and  there  was,  perhaps,  a 
third  tablet  oontaming  the   letters   N.  L.  (aoH 
liqMi),  but  this  is  an  uncertain  point    There  wcr« 
in  the  Campus  Biiartius  septa  or  indosores  (whether 
they  existed  from  the  earliest  times  is  unknown), 
into  which  one  dass  of  dtizens  was  admitted  afler: 
another  for  the  purpose  of  voting.    The  first  duu 
entered,  were  the  eighteen  centuries  of  the  equitcs, 
then  followed  the  £st  dass  and  so  on.    It  very 
rarely  happened  that  the  lowest  dass  was  caOed 
upon  to  vote,  as  there  was  no  necessity  for  it, 
unless   the  first  dass  did  not   <^ree  with  the 
equites.     (Dionys.  iv.  20,  vil  59,  viil  82,  x.  17; 
Liv.  I  43.)    After  the  time  when  the  comitia  of 
the  centuries  became  amalgamated  with  those  of 
the  tribes,  previous  to  each  assembly,  a  large  space 
near  the  villa  publica  was  surrounded  with  an  en- 
dosure,  and  divided  into  compartmeDts  for  the 
several  tribes.    The  whde  of  this  endosore  was 
called  ooOe,  »qi^  eareeresj  or  eameeOi;  and  io 
later  times  a  stone  building,  oontuning  the  whole 
people,  was  erected ;  it  was  divided  into  com- 
partments for  the  classes  as  well  as  the  tribes  and 
centuries  ;  the  access  to  these  compaitments  was 
formed  by  narrow  passages  called  pontes  or  poKii- 
eoU.      On  entering,  the  dtizens  received  their 
tableto  (Cic  ad  AtLl  14,  de  Leg.  iiL  17,  in  Pis. 
15,  p.  PUme,  6)  ;  and  when  they  had  ooosolted 
within  the  endosures,  they  passed  out  of  them 
again  by  a/xws  ot poHtiadme,  at  which  they  threw 
their  vote  into  a  diest  (aifti)  which  was  watched 
by  rogaioree.  Hereupon  the  rogatoreM  collected  tlw 
tablets,  and  gave  them  to  the  diribUoree,  who  das- 
sified  and  counted  the  votes,  and  then  handed  them 
over  to  thecMsftMks,  who  again  checked  them  off  br 
points  marked  on  a  tablet    (Comp.  Cic  m  Pis.  15 
—  '^vos  rogatores,  vos  diribitores,  vos  custodes 
tabelkunm.^)    The  order  in  which  the  centnries 
voted,  was  determined  in  the  Servian  eonstitatioiv 
in  the  manner  described  above ;  but  after  the  uDion 
of  the  centuries  and  tribes,  the  order  was  determined 
by  lot ;  and  this  was  a  matter  of  no  slight  import- 
ance, since  it  frequently  happened  that  the  vote  of 
the  first  determined  the  manner  in  which  subte. 
quent  ones  voted.    The  voting,  of  course,  was  ooo- 
tinned,  until  the  majority  was  ascertained.    In  the 
case  of  elections,  the  snccessfiil  candidate  was  pn>- 
daimed  twice, — first,  by  the  praeoo,  and  then  by 
the  president,  and  without   this  renuntiatio  tlie 
election  was  not  valid.    After  all  the  business  wai 
done,  the  president  pronounced  a  prnyer  (Cic.  p, 
P/oao.  6,  jD.  Afwrvn.  1),  and  dismissed  Uie  assefflbljT 
with  the  word  diaaedtte. 

Cases  are  frequently  mentioned  in  which  the 
proceedings  of  the  assembly  were  distorbed,  w 
that  it  was  necessary  to  defer  the  businesi  tQl 
another  day.  This  occurred — 1.  when  it  was  dif- 
covered  that  the  auspices  had  been  unfiiroonbie, 
or  when  the  gods  manifested  their  displeasnR  by 
rain,  thunder,  or  lightning  ;  2.  when  a  tnlnme 
interceded  (Liv.  xiv.  21 ;  Dionya.  vl  89  ;  Cic  n 
Vat.  2)  ;  3.  when  the  sun  set  befiire  Uie  buinen 
was  over,  for  it  was  a  prii^^ple  that  the  aiupicei 
were  valid  only  for  one  day  from  sunrise  to  nnset 
(Varro,  Z>s  Z.  /;.  vil  51  ;  Dion  Cass,  xxziz.  $5 ; 
Liv.  X.  22,  xll  17  ;  Dionys.  ix.  41)  ;  4.  when  a 
moHmt  oomitialit  occurred,  I  e.  when  one  of  tbe 
assembled  dtizens  was  seised  with  an  epileptic  fit 
(Dion  Cass.  xlri.  83  ;  Oellius,  xix.  2 ;  Mscrob. 
Sat.  il  8)  ;  5.  when  the  vexillum  was  taken  avay 
from  the  Janiculnm,  this  beiqg  a  signal  which  ill 


COMITIA. 

c'tisns  bad  to  obey  (Lir.  xsxiz.  15  ;  Dioo  CaM. 
xtxriL  27  ;  MacroK  &mL  L  16) ;  6.  when  any 
tmaalt  or  mmvectioD  broke  oat  in  the  city,  as 
bsfpeoed  now  and  then  during  the  latter  period 
«f  tbe  rcpnUie.  (Cie.  p.  StJi,  36.)  In  all  theM 
taaOf  the  aasemUy  had  to  cantinue  ita  boaineaa  on 
nsoe  other  day,  aMnetimea  on  the  next  The 
c-ilr  cxeepiaoD  aeema  to  hare  been  in  the  caae  of 
ihe  ekctioa  of  the  oenaora,  for  if  both  coold  not  be 
tJected  on  the  aame  day,  it  vaa  neceaaaiy  to  "htgin 
±^.  cleccian  afieah,  and  if  one  had  been  elected, 
\bm  dectiaa  was  not  valid.  (Lir.  ix.  34.) 

IV.  CoMnTA  TRXBCTA  (^xXi^rla  fuXeruc^). 
TkfK  aasemUiea  likewiae  were  called  into  exiatmce 
bj  the  coastitatian  of  Serrias  Tolliua,  who  divided 
t'jeRaaBaatcRiiory  into  thirty  local  tribea.  Aatheae 
diriiMns  w«:re  origiiially  a  {mrely  topographical  ar- 
rsaeeincnt,  they  were  of  little  or  no  importance  to 
tile  state ;  bat  in  the  courae  of  time,  these  local 
diTicioRs  «ci«  formed  into  a  poUtieal  union,  and  the 
iMcaiUies  of  the  tribes  became  moat  formidable 
mall  of  thoae  of  the  centoriea.  The  deeisioo  upon 
^he  qnesdeci  aa  to  what  portion  of  the  Roman 
p»pa^iiiQB  had  the  right  to  take  part  in  the  comitia 
tribata,  depends  upon  the  qnestioa,  aa  to  whether 
^  mbca  were  institated  aa  a  lool  oiganiaation 
cf  Uie  whole  people  (patriciana  and  plebeians),  or 
vWtber  they  wese  intended  for  toe  plebeians 
<qJt.  Most  modem  writen  have  adopted  the 
cfinioB  of  Niebohr,  that  the  patricians  were  not 
emaidered  aa  members  of  the  tribes,  and  that  ae- 
cordiagty,  they  had  no  right  to  take  part  in  their 
asinoUiin,  mitil  the  thne  of  the  deeemriral  legis- 
laxkin.  The  qaestkm  is  not  one  that  can  be  proved 
witb  satisfactory  evidence  ;  but  at  any  rate  no 
adScienC  aignment  baa  yet  been  brought  forward 
ti»  BpMi  Niehahr^  view,  for  the  foct  of  patricians 
sad  their  dients  being  preaent  at  the  place  of 
■«ethig  (Liv.  u.  56),  for  the  porpooe  of  disturbing 
the  camitia  tribnta  and  preventing  their  coming  to 
a  dtciaton,  doea  not  piwe  that  they  possessed  the 
rigbt  of  voting.  After  the  time  of  the  decemvirate, 
the  patridana  had  the  right  of  voting  in  the  as- 
•nabfiea  of  the  tribea,  which  were  then  also  con- 
Tond  by  the  higher  magiatiatea.  (Liv.  iii.  71  ; 
ecapk  TaiBTf.) 

The  MMmUiea  «f  the  tribea  had  originally 
«]j  a  local  power ;  they  wero  intended  to  col- 
l«<t  the  tribatom,  axid  to  fhrnish  the  contingents 
for  the  anny  (DionyiL  iv.  14,  dec.)  ;  they  may 
tether  bave  diaeaaaed  the  internal  ad&irs  of  each 
tribe,  such  aa  the  making  or  keeping  up  of  roads, 
veUa,aad  the  like.  Bot  their  inHuence  gmdoally 
■MJtaseil,  for  the  commonalty  being  more  nume- 
rsm  thaa  the  patriciana,  and  being  in  a  atate  of 
giovth  aad  devdopment,  and  guided  by  active 
md  cBogetie  tribonea,  the  intermd  administration 
•f  the  tribes  gmdnaDy  assomed  the  character  of  aa 
adamdsdatioa  of  the  internal  affiurs  of  the  republic, 
while  the  comitia  of  the  centuries  wen  more  cal- 
cokted  to  mpriiaenl  the  state  in  its  reUtiona  to 
foraga  cooBtriea.  Ab  the  commonalty  grew  in 
am^th,  it  made  greater  claims;  each  vict<»y  gave 
it  frnh  cooiaae,  and  thus  the  comitia  tributa 
gradoaD J  arquned  the  following  powers :  — 

I.  71t  eteeikm  o/tke  mferior  magutraiet^  whose 
«See  it  wwM  to  protect  the  commonalty  or  to  snper- 
iatend  the  affidrs  of  the  tribea.  The  Publilian 
lav  in  B.  c  471,  seeofed  to  the  comitia  tribnto  the 
right  of  decting  the  tribunes  of  the  pleba.  (Liv.  ii. 
56;  Di«q«.fz.  49.)     In  like  mamier,the  aedilea 


COMITIA.  W 

were  elected  by  than,  though  the  conile  aedileB 
were  elected  at  a  diffiBrcnt  time  from  the  plebeian 
aedilea  aad  under  the  preaidency  of  a  eonaul. 
(OelL  ziii.  15,  vl  9 ;  Cie.  |k  Fiame,  4,  20,  22,  otf 
AiL  iv.  3,  ad  Abm.  viii.  4  ;  Liv.  ix,  46,  xxv.  2.) 
At  a  atin  bter  time,  the  qnaeston  and  tribunes  of 
the  aoldicca,  who  had  before  been  appointed  by 
the  consula,  were  appointed  in  the  assemblies  of  the 
tribea.  (Cic  ad  Fam,  vil  30,  w  Fat  5  ;  Liv.  iv. 
54,  vii  5,  iz.  30  ;  SalL  Jwg,  63.)  The  pnconauls 
to  be  sent  into  the  provinces,  aad  the  prohmgatioa 
of  the  imperium  for  a  magistaato  who  was  aheady 
in  a  province,  were  likewiae  pointa  which  were 
deCeimined  by  the  tribea  in  bter  tunesL  (Liv.  viii, 
23,  26,  iz.  42,  z.  22,  zzviL  22,  zziz.  IS,  zzz. 
27,  zzzi.  50.)  The  infoiior  magistiates  elected 
by  the  tribes  are :  —  the  triumviri  capitaka, 
triumviri  monetalea,  the  curatorea  viaram,  decem- 
viri litiboa  judieaadia,  tribuni  aerarii,  magistri 
vicorum  et  pagonun,  praefoeti  *"'M»»ftt,  duumviri 
navales,  qumqueviri  muris  tuiribuaqne  refidendia, 
triumviri  cdoniae  deduoendae,  triumviri,  quatuor- 
viri,  &&,  mensarii,  aad  lastly,  after  the  Domitian 
kw,  B.a  104,  also  the  members  of  collegca  of 
priesta.  The  wmtifez  mazimua  had  been  elected 
by  the  people  Dom  an  earlier  thnew  (Liv.zzv.  5 ; 
Cic.  de  Ltg.  Agr.  ii  7.) 

2.  TkfB  UgiiatiM  imcer  of  the  comitia  tiibata 
was  at  first  very  insignificant,  fiv  all  they  could 
do  waa  to  paas  resolutions  and  make  reguhuiona 
ooncemmg  the  local  affiurs  of  the  tribea,  but  the) 
did  not  in  any  way  affect  the  ttate  aa  a  whole. 
But  after  a  thne  when  the  tribea  began  to  be  the 
reel  repreaentatives  of  the  people,  matters  affecting 
the  whole  people  also  were  brought  before  them 
by  the  tribunes,  which,  framed  aa  reaolntiona,  were 
hud  before  the  senate,  where  they  might  either  be 
sanctioned  or  rejected.  This  practice  of  the  tri- 
buta comitia  gradually  acquired  for  them  the  right 
of  takmg  the  initiative  m  any  measure,  or  the 
right  of  originating  meaauies,  until  in  &  c.  449 
this  right  waa  recognised  and  sanctioned  by  a  law 
of  L.  Valeriua  Publicola  and  M.  Horatiua  Bar- 
batus:  (Liv.  iii  55,  67  ;  Dionya.  zi  45.)  This 
law  gave  to  the  decreea  passed  by  the  tribea  the 
power  of  a  real  luc^  binding  upon  the  whole  people, 
provided  they  obtained  the  sanction  of  the  senate 
and  the  populus,  that  is,  the  people  aasembled  in 
the  comitia  euriato  or  in  the  comitia  oenturiata. 
(Dionys.  z.  4,  82.)  At  first  the  tribes  acted  with 
considerable  moderation  and  modesty,  discussing 
only  those  subjects  which  affected  their  own  order 
or  individual  plebeians,  such  as  the  amnesty  after 
the  secession,  ]debeian  magistrates,  usniy  and  the 
like.  In  &  c.  389,  the  PubLilian  Uw  enacted  «< 
fXMmikii  onmeM  Qtiar%te§  tmermU,  (Liv.  viii  12.) 
This  law  waa  either  a  re-enactment  of  the  one 
paased  m  b.  a  449,  or  contained  a  more  detailed 
specification  of  the  cases  in  which  plebiscite  shouhl 
be  binding  upon  the  whole  nation,  or,  laatly,  it 
made  their  validity  independent  of  the  sanction  of 
other  comitia,  so  that  nothing  wooM  be  required 
ezcept  the  assent  of  the  senate.  In  &  c  287,  the 
Hortensian  law  was  passed,  which  seems  to  have 
been  only  a  revival  and  a  confirmation  of  the  two 
preceding  Uws,  for  it  was  fiamed  in  almost  the 
same  tonna  (Plin.  H,  N.  zvi  10  ;  GelL  zv.  27  ; 
Gaiua,  i  3)  ;  but  it  may  also  be,  that  the  Horten- 
sian law  made  the  plebiscite  independent  of  the 
sanction  of  the  senate,  so  that  henceforth  the 
comitia  Iributa  were  quite  independent  in  their 
s 


838 


COMITIA. 


COMITIA. 


l^gialadre  character.  Senatiu  conmlta  preceding 
A  plebiBcitujii,  it  is  true,  occur  after  thia  time  in 
many  instances,  but  it  does  not  follow  that  for  this 
reason  a  senatus  consoltam  was  necesBaiy  for  every 
plebisdtom  (Dionys.  iz.  41),  for  we  most  dis- 
tinguish between  those  plebiscita  whieh  affected 
the  rights  of  the  people,  and  those  which  touched 
npon  the  administration  of  the  republic  ;  the 
former  of  these  are  constantly  mentioned  with* 
out  a  senatus  consultum,  but  the  latter  nerer. 
[Plxbucitum.] 

3.  The  judicial  power  of  the  comitla  tribnta  was 
much  more  limited  than  that  of  the  comitia  cen> 
turiata,  inasmuch  as  they  could  take  cognisance 
only  of  offences  against  the  majesty  of  the  people, 
while  all  crimes  committed  against  the  state  were 
brought  before  the  centuries.  Eren  patricians, 
when  they  had  offended  against  the  commonalty 
or  its  members,  were  tried  and  fined  by  the  tribes. 
This  again  constitutes  a  difference  between  the 
judicial  power  of  the  centuries  and  that  of  the 
tribes,  for  the  former  could  inflict  capital  punish- 
ment, but  the  latter  only  fines.  There  are,  in- 
deed, cases  in  which  the  tribes  might  appear  to 
have  lentenccd  perMos  to  exile  ;  but  such  exile  is 
not  the  result  of  a  real  verdict,  but  only  a  measure 
taken  against  those  who  during  the  trial  went  into 
voluntary  exile,  which  might  then  be  made  a  ne- 
cessary exile,  by  the  inierdietio  aquat  et  ignis  being 
added.  (Liv.  xxv.  S,  xxvi.  3 ;  Cic  Orat.  p.  Dom, 
16,  &c)  When  the  tribes  acquired  this  right  is 
uncertain,  for  that  it  was  not  originally  posMssed 
by  them,  is  clear  from  the  expressions  used  by  our 
authorities.  The  offences  for  which  persons  were 
summoned  before  the  tribes,  were  bad  conduct  of  a 
magistrate  in  the  performance  of  his  duties,  neglect 
of  duty,  ill  management  of  a  war,  embeazlement  of 
the  public  money,  and  a  variety  of  offences  of  pri- 
vate individuals,  such  as  disturbance  of  the  public 
peace,  usury,  adultery,  and  the  like.  The  comitia 
tributa  also  acted  as  courts  of  appeal,  s.  g.  when  a 
penon  prote|ted  against  a  fine  imposed  by  a  magi- 
strate. (Dfonys.  vii.  17 ;  Cic  De  Leg,  iii.  3 ;  Liv. 
zl.  42  ;  Zonar.  vii.  17.)  The  persons  who  acted 
as  accusers  in  the  comitia  tributa  were  the  tribunes 
and  aediles. 

With  regard  to  the  time  at  which  these  comit'a 
were  or  could  be  convened,  the  same  reguhitions 
were  observed  as  at  the  comitia  centnriata.  They 
might  assemble  either  withm  or  without  the  city, 
1)iit  not  further  from  it  than  1000  paces,  because 
the  power  of  the  tribunes  did  not  extend  further. 
For  elections  the  Campus  Martins  was  usually 
chosen  (Cic.  ad  AtL  iv.  ^  ad  Fam.  vii  30 ;  Plut. 
C.  Graoek,  S\  but  sometimes  also  the  forum,  the 
Capitol,  or  tl^  Circus  FlaminiuSb  (Cic  ad  AtL  i. 
16  ;  Liv.  xxxiii.  10,  xxvil  21.)  The  presidents 
were  commonly  the  tribunes  who  were  supported 
by  the  aediles,  and  no  matter  could  be  brought  be- 
fore the  tribes  without  the  knowledge  and  eonsent 
of  the  tribunes  (Liv.  xzvii.  22,  xxx.  41  ;  Cic.  de 
Leg.  Agr.  ii.  8)  ;  even  the  aediles  could  not  bring 
a  proposal  before  them  without  the  permission  of 
the  tribunes.  (OelL  iv.  4 ;  Dionys.  vi  90.)  One 
of  them  was  chosen  either  by  lot  or  by  common 
agreement  to  act  as  president  (Liv.  ii  56,  iii.  64, 
iv.  57,  V.  17)  ;  but  his  colleagues  usually  had  to 
sign  the  proposal  which  he  brought  before  the 
commonalty.  (Cic  p.  Seat,  33,  de  Leg,  Agr,  u.  9.) 
As  the  comitia  tributa,  however,  more  and  mora 
assumed  the  character  of  national  assembliet,  the 


higher  magistsstes  also  sametimes  acted  at  pn 
dents,  though  perhaps  not  without  prBviooily  < 
taining  the  permission  of  the  tribunes.  There  i 
only  a  few  instances  of  higher  magistrates  presidi 
in  the  comitia  tributa  when  assembled  for  poipoi 
of  Illation  (Plin.  //.  N.  xvL  15  ;  Cic  jb.  Bo 
24 ;  Dion  Cass,  xxxviil  6,  xxxix.  65 ;  Appisn, , 
BeO,  Ov,  iiL  7,  27)  ;  but  the  consuls  and  prseti 
often  appear  as  presidents  at  the  elections  of  t 
bunea,  aediles,  and  quaestors  (Liv.  iii  55,  6- 
Dionys.  ix.  41, 43, 49 ;  Appian,  De  BeU,  Ofr.  i.  1 
Cic  p.  Plame.  20,  ad  AU.  ir.  ^mVaL&,ad  Ft 
vii  30)  ;  as  well  as  when  the  comitia  tributa  ti 
assembled  as  a  court  of  justice.  (Liv.  zzr.  * 
Appian,Z>0Be^  Civ.  i  31 ;  Dion  Cass.xxTiiU; 
The  preparations  for  the  comitia  tributa  we 
less  formal  and  solemn  than  for  those  of  the  oe 
turies.  In  the  case  of  elections,  the  candidstet  h 
to  give  in  their  names,  and  the  president  con 
municated  them  to  the  people.  (Liv.  iii  64 ;  A| 
pian,  De  DelL  dv.  i  14.)  When  a  l«giilstii 
measure  was  to  be  brought  before  the  aisemblr, 
tribune  (the  proposer  of  the  biU  was  called  ropaia 
and  the  others  adeeriplores)  made  the  people  s 
quainted  with  it  in  ooneibnes,  and  that  on  the  thre 
preceding  nundines.  The  same  was  the  case  v)ie 
the  pepiJe  were  to  meet  as  a  court  of  justice.  Th 
anspicia  were  not  consulted  for  the  comitis  of  th 
tribes,  but  the  ^teeUo  alone  was  sufficient,  snd  th 
tribunes  had  the  light  of  ohwrnfintfo.,  The  con 
vening  of  these  assemblies  was  likewise  less  salmi 
than  that  of  the  centuries,  for  the  tribune  vko  b< 
been  chosen  to  preside  either  at  an  election  a 
brought  forward  a  rogation,  simply  inrited  (In 
citizens  by  his  viatores,  who  were  alio  eent  m 
different  parts  of  the  country  to  invite  the  prop!' 
living  at  a  distance.  ( Appian,  De  BeU,  Civ.  i  29.] 
At  the  meeting  itself,  he  sat  on  the  tribonsl  np' 
ported  by  his  colleagues  (Lir.  xxv.  3 ;  Dion  Cs3& 
xxxix.  65X  and  hud  befoK«  the  people  his  bill,  tiM 
name  of  the  candidate,  or  made  them  soqasinted 
with  the  nature  of  the  offence  on  which  ther  hsd 
to  pass  sentence,  concluding  with  the  words  tditi^ 
jubeatie  Qtdritee,  The  bill  was  never  read  bj  th 
tribune  himself  but  by  a  praeco,  and  then  begs« 
the  debates,  in  which  persons  might  either  oppoi^ 
or  recommend  the  measure,  though  private  pr-^ 
had  to  ask  the  tribunes  for  pennissiaii  to  i 
When  the  discussion  was  over  the  president  o 
upon  the  people  ite  m  et^^nagium,  as  at  the  c~ 
oenturiata.  They  then  formed  themselves  into  ti 
tribes,  which,  like  the  centuries,  ascertained  tJ 
own  votes  in  enclosures  (septa).  Which  of  Ii 
35  tribes  was  to  give  iU  vote  first,  was  deteiroin 
by  lot,  and  that  tribe  was  called  P"ff''V^i 
prineipiitm  (the  othen  were  tennedjiirvc  ''" 
The  vote  of  the  first  tribe  was  given  by  «> 
son  of  distinction  whose  name  was  nentioiMd  I 
the  plebiscitum,  if  it  was  of  a  iegiilstire  BBnifl 
The  manner  of  ooUeeting  the  voles  «*«i<»°  *[ 
whole,  the  same  as  in  the  comitia  centnrists.  Ik 
announcing  of  the  ranilt  of  the  voles  ^^T.^m 
nwUiatio.    If  it  so  happened  that  two  csndidsM 


had  the 


!  number  of  votes,  the  quesUW 


decided  by  drawing  fota.   The  drcaaistsiMM 


wiad 


might  cause  the  meeting  to  break  up  to^  ^^^ 
business  till  another  cky,  an  the  ssme  si  tM 
which  put  an  end  to  the  oomitia  centniistt.  iV 
however,  the  people  were  assembled  ss  s  ooort, 
breaking  np  of  the  assembly  was  to  the  socr 
equivaleiit  to  an  aequittal  (Cic  f»  B^m.  w> 


•       COMITL\. 
ififf  tke  eomidi  the  ngun  declared  that  some 
iBsalitj  bd  becD  MglKtcd,  the  decree  of  the 
ffiKHbijT  theffbj  beaune  void,  and  penons  who 
kdbeeBdKted  to  n  dfioe  were  obliged  to  with- 

£r&fti— Tbe  Semu  coDstitatioa  was  retained 
saahendnlongu  no  gnat  change  took  place  in 
Df  ffpablk^  bat  vfaa  the  coinage  and  the  standard 
sfpnpertjbad  beeome  sltered,  when  the  conatitu- 
CM  tf  tbe  anny  bad  been  placed  on  a  differ»t 
teisf,Bid  ibore  all,  when  the  plebeians  began 
tsixRa^gmied  u  a  gseat  and  essential  element 
c  tb  Romm  itate,  it  mutt  haye  been  fbnnd  in- 
RMreoieat  to  lexn  to  the  eqoites  and  the  first 
duiia  great  a  prepondennce  m  the  comitia  of  the 
ttassm^mi  it  became  neceasaiy  to  aeeure  more 
power  lod  ioftieoce  to  the  democratic  element 
vbich  bd  grown  in  strength  and  waa  still  growing. 
It  UT  bave  been  the  intentifln  to  combine  the 
(coitia  eatnriiia  and  tiibnta  in  such  a  manner 
a  tD  Bake  ody  one  aaaembly  of  them,  but  this 
ni  Bdt  done.  A  chsoge  however  took  place, 
tso^  00  wnier  mentioni  either  the  time  when  it 
miBadenflr  in  what  it  consisted,  so  that  we  are 
I^  lo  bm  onr  opinion  from  incidental  allusions, 
^nt,  >■  to  the  time  of  the  change.  From  Livy 
(i  43)  and  DioByuos  (it.  21)  it  would  appear  that 
t^dtaaie  did  not  take  {dace  till  after  the  com- 
^^  of  the  35  tribes,  Ce  after  &  a  241.  Some 
Bsdoa  vnten,  therefere,  refer  the  change  to  the 
oBia^ip  of  d  Flaminioa,  B.  c.  220,  who  is  said 
t9  lave  made  the  canatitntiott  more  democratic  ; 
«^  Kiebahr  and  others  date  the  change  from 
t^OMonhip  of  Q.  Fabins  and  P.  Dcciua,  &  a 
«^  Bat  thoeiieridence  that  it  must  be  assigned 
^««tt  oaifcr  date  than  this,  for  the  (tribus) 
^^^  it  mentioned  as  early  aa  n.  c.  396  in 
^JaAa  of  the  consdar  tribunes  (Liy.  v.  18), 
^n  tb  poe  comitia  tribnta  cannot  be  meant, 
*«a omtBiia piaerogatiTB  is  a  thing  unknown. 

^Qotitn  aboQt  the  manner  in  which  the 
^^^  rf  the  two  kinds  of  cwnitia  was  ef- 
~*«i »» been  the  mbject  of  eren  much  mora 
^^^  aid  donbt  than  that  about  the  time 
!«»»^bit^t  about.  The  moat  probable  of 
*™>wwaapariiiM  which  hare  been  advanced 
^  !^  abject  II  that  of  0.  Pantagathus  (Fulv. 
^arfttp.  143),  which  has  been  very  ek- 
r*2!^rf«tbyG<Jttlmg:  (Gfeoo4.rf.iRbm. 
fr^  ^  380,  At,  506,  &c)  Pantagathua 
^  «W  the  citiMB  of  each  tribe  were  divided 
*  '« j»opcrty  daiM,  eadi  consiating  of  seniores 
■JJJ'^wes.io  that  each  of  the  36  tribes  wm- 
Slli?*^  and  all  the  tribea  together 
I5jjj^^5»">amber  which  corresponds  with 
i?  to  f?  R«nan  lunar  year.    Accord- 

ia.  Sw'*'-  *""'MJ*"'**"*»  *^  fi^*  ancient 
Z?/"™  irto  aeniores  and  juniores,  con- 
PiTs  i.*"*  ■•  »»fcre  (Li^-  xliii-  16  ;  Cic 
C^^^^  7,  ife  /fe  PM.  iv.  2,  Aead^nL 
»^i»t  •  ^)»  ^*  henceforth  they  were 
^  tSttl'?**'"*  ^  tribea,  whereas  before 
^v  i2J!!!i^  "'^'^  ^°^  divisions  and  en- 
fjfeJj^JJ^^r*  ^  property.  The  union  now 
^^^ti^  the  chuses  became  subdivisions 
L.L .  'I^md  that  accordingly  centuriea  occur 


^k^ 


^^»^  and  in  the  tribes. 


fl^^r*  '«"«a  and  in  the  tribes.    (Cic  p, 
\^2     ^Agr.iL  2.)     Each  tribe  con- 
ik  la^***'*  *"">  of  the  first  clasa  (one  of 
^*'  *"*  one  of  the  juniores),  two  of  the 


COMITIA.  839 

second  (likewise  seniores  and  juniores),  two  of  the 
third,  two  of  the  fourth,  and  two  of  the  fifth  class. 
The  equitea  were  likewise  divided  according  to 
tribea  and  centuriea  (Diooya.  vi  13,  viL  7'2X  and 
they  aeem  to  have  voted  with  the  first  class,  and 
to  have  been  in  fact  included  in  it,  so  as  to  be 
called  oenturies  of  the  first  dass.  (Cic.  PUL  ii 
33,  Liv.  xliiL  16;  AureL  Vict.  «b  Tir.  /UuMr.  57 ; 
VaL  Max.  vi  5.  §  3.)  The  oenturies  of  the  cor- 
nicines,  tnbicines  and  &fari,  which  are  no  longer 
mentioned,  probably  ceased  to  exist  as  distinct  cen- 
turiea. (Comp.  Ck,deRe  PM,  ii.  22.)  Respect- 
ing the  manner  in  which  the  votes  were  given, 
there  are  two  opinions :  according  to  the  £st,  a 
whole  tribe  was  chooen  by  lot  to  give  ito  vote  (10 
centuries)  first,  and  according  to  the  second,  one 
century  of  the  first  dasa,  having  been  determined 
by  lot  If  we  adopt  the  fiormer  opinion,  the  votes 
of  the  ten  oenturies  contained  in  a  tribe  would  have 
been  given  one  after  another,  and  the  majority,  six, 
would  have  constituted  the  result  or  voto  of  the 
tribe.  Now  as  18  out  of  the  35  tribea  constituted 
a  majority,  it  is  evident  that  108  centuries  might 
have  constitoted  a  majority  against  the  remainii^ 
242.  This  is  an  absurdity  of  which  we  cannot 
conceive  the  Romans  to  have  been  guilty.  The 
voting  by  tribes,  therefore,  cannot  be  conceived  as 
rational,  except  in  those  cases  in  which  the  ten 
oenturies  of  every  tribe  were  unanimous ;  this  may 
have  been  the  case  very  often,  and  when  it  was  so, 
the  tribus  praero|gativa  was  oertainly  the  tribe 
chosen  by  lot  to  give  ito  unanimous  vote  first  But 
if  there  was  any  difierence  of  opinioai  among  the 
centuries  making  up  a  tribe,  the  true  majority  could 
only  be  ascertained  by  choosing  by  lot  one  of  the 
70  oenturiae  of  the  firat  class  to  give  its  vote  first, 
or  rather  it  was  decided  by  lot  firom  which  tribe 
the  two  centuries  of  the  first  class  were  to  be  taken 
to  give  their  vote  first  (Hence  the  plural  praero- 
gatifxtej  Pseud.  Ascon.  ad  de,  m  Verr.  p.  1 39 ; 
Liv.  X.  20.)  The  tribe,  moreover,  to  whicn  those 
oenturies  belonged  which  voted  first,  was  itself  like- 
wise called  tribus  praerogativa.  Of  the  two  cen- 
turies, agam,  that  of  seniores  gave  ito  voto  befora 
the  juniores,  and  in  the  documenta  both  were  called 
by  the  name  of  their  tribe,  aa  Gaima  jmnormm 
(Liv.  xxviL  6,  t.  e.  the  junioiea  of  the  first  claaa  in 
the  tribus  Galeria),  AmemaUjumoinim  (Liv.  xxiv. 
7),  Veturia  jtmhrum  (Liv.  xxvi.  22  ;  comp.  Cic. 
p.  Pkmc.  20,  PhiL  \L  83,  De  JHo,  iL  35).  As  soon 
as  the  praerogativa  had  voted,  the  venuntiatio  took 
place,  and  the  remaining  centuries  then  deliberated 
whether  they  should  vote  the  same  way  or  not 
When  this  was  done  all  the  coituries  of  the  first 
tribe  proceeded  to  vote  at  once  (Dionys.  iv.  21),  for 
there  would  not  have  been  time  fat  the  350  cen- 
turies to  vote  one  after  another,  as  was  done  by 
the  193  oenturies  in  the  comitia  centuriata.  (Cia 
p.  Plcmc.  20,  in  Verr,  v.  15,  p.  Red.  in  Senat.  11, 
ad  Quir.  7  ;  Liv.  x.  9,  22,  xxiv.  7»  xxvi  22, 
xxvii  24  ;  Suet  Caee,  19.) 

These  oomitia  of  the  centuries  combined  with 
the  tribes,  were  far  more  democntical  than  the 
oomitia  of  the  centuries  ;  they  continued  to  be 
held,  and  preserved  their  power  along  with  the 
oomitia  tributa,  even  after  the  latter  haid  acquired 
their  supreme  importance  in  the  republic.  During 
the  time  of  the  moral  and  politiod  corraption  of 
the  Romans,  the  latter  appear  to  have  been  chiefly 
,  attended  by  the  populace,  which  waa  guided  by 
I  tlie  tribunea,  and  the  wealthier  and  more  reapect- 
K  2 


840 


COMITIA, 


able  citizenB  had  little  influence  in  them.  When 
the  libertini  and  all  the  Italians  were  incorporated 
in  the  old  thirty-fiTo  tribes,  and  when  the  political 
corruption  had  reached  its  height,  no  trace  of  the 
sedate  and  moderate  character  was  left  by  which 
the  comitia  tribnta  had  been  distinguished  in 
former  times.  (Sail  Cai,  37 ;  Suet  Goes.  41 ;  Cic. 
ad  AH.  i.  16.)  Violence  and  bribery  became  the 
order  of  the  day,  and  the  needy  -multitude  lent 
willing  ears  to  any  instigations  coming  from 
wealthy  bribers  and  tribunes  who  were  mere  de- 
magogues. Sulla  for  a  time  did  away  with  these 
odious  proceedings ;  since,  according  to  some,  he 
abolished  the  comitia  tributa  altogether,  or,  ac- 
cording to  others,  deprived  them  of  the  right  of 
electing  the  sacerdotes,  and  of  all  their  legislative 
and  judicial  powers.  (Cic.  w  Verr,  L  IS,  15,  <20 
Legg.  iii.  9  ;  T«iv.  EpU,  89  ;  Appian,  de  Bell.  Civ. 
i.  59,  98  ;  comp.  Tribunus.)  But  the  constitu- 
tion, such  as  it  had  existed  before  SuUa.  was  re- 
stored soon  after  his  death  by  Pompey  and  others, 
with  the  exception  of  the  jurisdiction,  which  was 
for  ever  taken  from  the  people  by  the  legislation 
of  Sulla.  The  people  suffered  another  loss  in  the 
dictatorship  of  J.  Caesar,  who  decided  upon  peace 
and  war  himself  in  connection  with  the  senate. 
(Dion  Cass,  xlil  20.)  He  had  also  the  whole  of 
the  legislation  in  his  hands,  through  his  influence 
with  the  magistrates  and  the  tribunes.  The 
people  thus  retained  nothing  but  the  election  of 
m^strates  ;  but  even  this  power  was  much  li- 
mited, as  Caesar  had  the  right  to  appoint  half  of 
the  magistrates  himself  with  the  exception  of 
the  oonsuls  (Suet.  Com.  41  ;  Cic.  PhUip.  vii.  6  ; 
Dion  Cats,  xltil  51),  and,  as  in  addition  to  this, 
he  recommended  to  the  people  those  candidates 
whom  he  wished  to  be  elected :  and  who  would 
have  opposed  his  wish  ?  (Dion  Cass,  zliil  47  ; 
Appian,  de  BelL  Cfh.  il  18.)  After  the  death 
of  Cst/Mai  the  comitia  continued  to  be  held,  but 
were  always  more  or  less  the  obedient  instruments 
in  the  hands  of  the  rulers,  whose  unlimited  powers 
were  even  recognised  and  sanctioned  by  them. 
(Appian,  de  BM.  Cm.  iv.  7  ;  Dion  Cass.  xlvi.  55, 
zlvii.  2.)  Under  Augustus  tiie  comitia  still  sanc- 
tioned new  laws  and  elected  magistrates,  but  their 
whole  proceedings  were  a  mere  fiirce,  for  they 
could  not  venture  to  elect  any  other  persons  than 
those  recommended  by  the  emperor.  (Suet  Aug. 
40,  &c  ;  Dion  Cass,  liil  2,  21,  Iv.  34,  Ivl  40.) 
Tiberius  deprived  the  people  even  of  this  shadow 
of  their  former  power,  and  conferred  the  power  of 
election  upon  the  senate.  (Tacit  ^imo/.  i.  15,  81, 
il  36,  51  ;  Veil.  Pat  ii.  126.)  When  the  elec- 
tions were  made  by  the  senate  the  result  was 
announced  to  the  people  assembled  as  comitia  een- 
turiata  or  tributa.  (Dion  (Tass.  Iviii.  20.)  Legis- 
lation was  taken  away  from  the  comitia  entirely, 
and  was  completely  in  the  hands  of  the  senate  and 
the  emperor.  CaliguU  placed  the  comitia  again 
upon  the  same  footing  on  which  they  had  been  in 
the  time  of  Au^tus  (Dion  Cass.  lix.  9  ;  Suet 
Cal,  16)  ;  but  this  regulation  was  soon  abandoned, 
and  every  thing  was  left  as  it  had  been  arranged 
by  Tiberius.  (Dion  Cass.  lix.  20.)  From  this  time 
the  comitia  may  be  said  to  have  ceased  to  exist, 
as  all  the  sovereign  power  formerly  possessed  by 
the  people  was  conferred  upon  the  emperor  by  the 
lex  regia.  [Lxx  Rxoia.]  The  people  only  as- 
sembled in  the  Campus  Martins  for  the  purpose  of 
receiving  information  as  to  who  had  been  elected 


COMMISSORIA  LEX. 

or  appointed  as  its  magistrates,  until  at  last  erei 
this  announcement  (renvniuUio)  appeaxa  to  liav^ 
ceased. 

In  addition  to  the  works  on  Roman  historr  h 
general,  the  reader  may  consult  Untcrfa(^s>ei^ 
De  MuttOa  Centuriatontm  ComiL  a  Sermo  T^dlk\ 
Rege  InHHtdontm  Raiitme,  Bresku,  1835  ;  O.  C 
Th.  Francke,  De  TVtfttndn,  de  Cnriarmm  crCgw  Oem^ 
turiarum  Raiione,  Schleswiflf,  1824  ;  Hoacbke, 
Die  Ver/bssung  dee  Serviue  TuOims,  1838  ;  Hiiiln 
mann,  Romit^  GrvadverfoMnmg ;  RabiDMa,  Un^ 
UrmdkwRgen  iiber  die  Rom.  Veffmrng^  1839  \ 
Zumpt,  IJAer  die  Abetimmung  dee  Rom^  VbiJbes  u 
Centuriaieomitien,  [Lk  S.J 

COMITIA'LIS  DIES.     [DixaJ 

COMITIUM.     [Forum.] 

COMMEA'TUS,  a  furlough,  or  leave  of  absence 
from  the  army  for  a  certain  time.  (Tacit,  ^nm.  xrv^ 
10  ;  Liv.  iiL  46.) 

COMMENTARIENSIS.   [CoMHXNTARirs.] 

COMMENTA'RIUS,  or  COMMENT  A- 
RIUM,  meant  a  book  of  memoin  or  memonrndain^ 
book,  whence  the  expression  Caesaria  ComunetUarH 
{**  Hinc  Caesar  libros  de  bellis  a  se  gestis  oonuDcs^ 
tarios  inscripsit,  quod  nudi  essent  omni  omata  on-< 
tionis,  tanquam  veste  detracto,"  dc  BrtOms^  c.  75).i 
Hence  it  is  used  for  a  lawyer^s  brief^  tbe  notes  o£ 
a  speech,  &c.     (Sen.  Caniroc.  lib.  iii.  Proeni.) 

in  the  imperial  period  the  word  conunaUariensig^ 
occurs  in  the  sense  of  a  notary  or  derk  of  thei 
Fiscus  (40.  tit  14.  s.  45),  and  also  of  a  keeper 
of  a  prison  (Walter,  CfttdOdite  des  RSmucken 
Reckts,  §§  818,  819,  2d  ed.)  A  military  officer  so 
called  is  mentioned  hy  Asconius  (ts  Ver.  iii.  28), 
who  probably  had  similar  duties.  The  'vord  is 
also  employed  in  the  sense  of  a  notary  or  secretaiT 
of  any  sort  Most  of  the  religious  coUeges  had 
books  called  eommentariiy  as  eommeiUaHi  anffmium^ 
ponHfieum.  .  [H.  J.] 

COMME'RCIUM.    [Civita&I 

COMMISSO'RIA  LEX  is  the  term  applied  to 
a  clause  often  inserted  in  conditions  of  nde,  bv 
which  a  vendor  reserved  to  kimsdf  tbe  privilege  of 
rescinding  the  sale,  if  the  purchaser  did  not  par 
his  purchase-money  at  the  time  agreed  on.  The 
lex  commissoria  did  not  make  the  transaction  a 
conditional  purchase  ;  for  in  that  case,  if  the  pro> 
perty  were  damaged  or  destroyed,  the  loss  vroold 
be  the  loss  of  tiie  vendor,  inasmuch  aa  the  pur> 
chaser,  by  non-payment  of  the  money  at  the  time 
agreed  on,  would  fail  to  perform  the  condition  , 
but  it  was  an  absolute  sale,  subject  to  he  rescinded 
at  the  sole  pleasure  of  the  vendor,  if  the  money 
was  not  paid  at  the  time  agreed  on  ;  and  consi^ 
quently  if  after  this  agreement  the  property  was 
lost  or  destroyed  before  the  day  agreed  on  for  pay- 
ment, the  loss  fell  on  the  purchaser.  If  the  Tender 
intended  to  take  advantage  of  the  lex  ccHnmiasoria, 
it  was  necessary  that  he  should  declare  his  intention 
as  soon  as  the  condition  was  broken.  If  he  re- 
ceived or  claimed  any  part  of  tbe  purchase^  money 
after  the  day  agreed  upon,  he  thereby  vaived  tbe 
advantage  of  the  lex  commissoria.  It  was  nsoal 
to  insert  in  the  commissoria  lex  an  agreement  that 
if  the  vendor  had  to  sell  the  property  again,  the 
first  purchaser  should  make  up  any  deficiency  in 
the  price,  that  is,  the  difference  between  the  amount 
for  which  it  was  first  sold,  and  the  less  amoont 
which  it  produced  at  the  second  sale.  tPiONu.s.] 
(Dig.  18,  tit  3  ;  Thibant,  j^stas,  &c  §  543, 
9th  ed.)  G.  L.] 


COMMUNI  DIVIDUNDO,  ACTIO. 

COMMI'SSUM.  On«  aeiiie  of  this  word  ia 
tktof  ^Arieited,**  which  Apparently  is  deriTod 
fna  tkat  M»e  of  the  verb  eommiUere^  which  ie 
'^to  coaout  a  aimie^^  or  *'  to  do  something  wrong/^ 
Ascaoiss  aiys,  that  thoM  thii^  are  oommissa 
vhkh  are  enher  done  or  omitted  to  be  done  by  a 
lat%  agpuBrt  the  will  of  a  testator,  and  make  him 
abject  to  a  pcDslly  or  forieitare  ;  thos,  oommissa 
aoedias  would  be  an  inheritanoe  forfeited  for 
srae  act  of  eonmisaoii  or  omission.  Cicero  (Ad 
Fam.  ziiL  56)  speaks  of  an  hypothecated  thmg 
beccniif  wwimtssn  ;  that  is,  becoming  the  abeo- 
bie  pnpo^  of  the  creditor  fer  defiult  of  pay- 
nesL  A  thing  to  forfeited  was  said  in  eommU- 
tm  iaeiden  or  eaden,  Commiasam  was  also  ap- 
plied ts  a  thing  in  respect  of  which  the  vectigal 
su  not  paid,  or  a  proper  retom  made  to  the  pub- 
UobL  a  thing  thns  locfeited  (foectigulittm  nomme) 
ctaied  to  he  the  property  of  the  owner,  and  was 
fakitei,  odicr  the  empire,  to  the  fiscos.  (Dig.  39. 
tit4;  Soet  OU^.  c  41.)  [O.  L.] 

COMMI'XTIO.     [CoWFtJsio.] 
COMMODATUM  ia  one  of  those  obligationes 
viicbsiv  esntrscted  ra.     He  who  lends  to  another 
a  tbiog,  for  a  definite  time,  to  be  naed  for  a  definite 
psrpaie,  withoat  any  pay  or  reward,  is  called  by 
moien  vritETs  eommodant;  the  person  who  re- 
eorei  tlie  thing  is  caDed  commoJaiarhu  ;  and  the 
otnct  is  catted  floatiorfialwa.  The  genuine  Roman 
ue  isr  the  lender  is  afrnmodator  (Dig.  13.  tit  6. 
K.  7),  sad  the  booower  (oommodatarios)  is  **  is  qui 
rem  omnnodafam  aoeepit.^     It  is  distinguished 
froa  mniaam  m  this,  that  the  thing  lent  is  not  one 
of  iboM  thn^  gms  pomdere^  umnen,  mensuram 
omtarf,  as  wme,  oon^  dte» ;  and  the  thing  conuno- 
^  does  not  become  the  property  of  the  receiver, 
vt«  }» tfacfefiore  bomid  to  restore  the  same  thing. 
Tb«  kfidsr  retains  both  the  ownership  of  the  thing 
ud  the  psssession.    It  dififen  fixim  locatio  et  con- 
hniointhia,  that  the  nse  of  the  thing  is  gratoitoas. 
Th«  emnodataiins  is  liable  to  the  actio  commodati, 
if  be  does  not  restore  the  thing  ;  and  he  is  bound 
^  nske  good  all  injoiy  which  befolls  the  thing 
vHe  it  is  m  his  possession,  prorided  it  be  snch 
injwy  ss  a  csrefal  person  conld  have  prevented, 
«  prorided  it  be  an  injury  which  the  thin^  has 
iBtt^incd  in  being  need  contnuy  to  the  conditions 
or  porpoK  of  the  lending.    If  a  thing  was  lent  to 
tvo  penoDs,  each  was  severally  liable  for  the  whole 
(ianhdinn)^    In  some  cases  the  commodataiiuB 
^  a  actio  oontnria  against  the  commodans,  who 
*>*  IjaUe  for  any  injury  sustained  by  the  commo- 
^tuiw  thmogh  his  dolus,  or  culpa ;  as,  for  instance, 
if  be  knowiBgly  loit  him  bad  vessels,  and  the  wine 
w  oil  of  the  commodatarius  was  thereby  lost  or 
■jwed.    The  actio  commodati  was  one  of  those 
B  vhidi  there  wen  two  formulae,  in  jus  and  m 
fitctnn.    (Gaios,  iv.  47  ;  Dig.  13.  tit.  6 }  Instit 
i»;  U.  S  2;  Thibaut,  SyMiem,  &&  §  477,  dec. 
Wiei  [G.L.] 

COMMU'NI  DIVIDU'NDO,  A'CTIO,is  one 
'[^^  setiones  which  have  been  called  roixtae, 
TOlhft  dicumatanee  of  their  being  partly  ta  rem 
ttd  psrtly  M  perRMMm  ;  and  duplicia  jndicia,  from 
the  dininslanee  of  both  pUmtiff  and  defendant 
bcu^i  wjQsIly  mterested  in  the  matter  of  the  suit 
(Osna,  iv.  160),  though  the  person  who  mstituted 
f^  ^»l  pnoeedings  was  praperiy  the  actor.  It 
tt  ttd  b  the  histitatioiM  of  Justinian,  of  the  three 
'^u  for  a  division,  **mixtam  causam  obtinere 
^^otwtatj  tin  in  rem  qnapi  in  penonam  '*  (Inst.  4. 


COMOEDIA. 


341 


tit  6.  §  20).  They  were,  however,  properly  per> 
sonal  actwns  (Dig.  1 0.  tit  1.  s.  1 ),  but  distinguished 
from  other  personal  actions  by  this,  that  in  these  ac- 
tions disputed  ownership  could  also  be  determined. 
(Savigny,  SyOefn,  Ac.  vol.  v.  p.  36.)  This  action 
was  maintainable  between  those  who  were  owners 
in  common  of  a  corporeal  thing,  which  accordingly 
was  called  res  communis  ;  and  it  was  maintainable 
whether  they  were  owners  (domini)^  or  had  merely 
a  right  to  the  publidana  actio  in  rem ;  and  whether 
they  were  socii,  as  in  some  cases  of  a  joint  purchase, 
or  not  sodi,  as  in  the  case  of  a  thing  bequeathed  to 
them  (legato)  by  a  testament ;  but  the  action  could 
not  be  maintained  for  the  division  of  an  hereditas. 
In  this  action  an  account  might  be  taken  of  any 
injury  done  to  the  common  property,  or  anything 
expended  on  it,  or  any  profit  received  from  it,  by 
any  of  the  joint  owners.  Any  corporeal  thing,  as 
a  piece  of  land,  or  a  sUve,  might  be  the  subject  of 
this  action. 

It  seems  that  division  was  not  generally  effected 
by  a  sale ;  but  if  there  were  several  things,  the 
judex  would  adjudicate  (adfudkarB)  them  sever- 
ally (Oaius,  iv.  42)  to  the  several  persons,  and 
order  (oondeamare)  the  party  who  had  the  more 
valuable  thing  or  things  to  pay  a  sum  of  money  to 
the  other  by  way  of  equality  of  partition.  It  fol- 
lows from  this  that  the  things  must  have  been 
valued  ;  and  it  appears  that  a  sale  might  be  made, 
for  the  judex  was  bound  to  make  partition  in  the 
way  that  was  most  to  the  advantage  of  the  joint 
owners,  and  in  the  way  in  which  they  agreed  that 
partition  should  be  made ;  and  it  appears  that  the 
joint  owners  might  bid  for  the  thing,  which  was 
common  property,  before  the  judex.  If  the  thing 
was  one  and  indivisible,  it  was  adjudicated  to  one 
of  the  parties,  and  he  was  ordered  to  pay  a  fixed 
sum  of  money  to  the  other  or  others  of  the  partiesL 
This  action,  so  far  as  it  applies  to  hmd,  and  that 
of  fomiliae  eiciscundae,  bear  some  resemblance  to 
the  now  abolished  English  writ  of  partition,  and 
to  the  bill  in  equity  for  partition.  (Dig.  10.  tit  3  ; 
Cod.  3.  tit  37  ;  Cic  Ad  Fam,  vil  12 ;  Bracton, 
foL  443.)  [O.  L.] 

COMOE'DIA  (iewfUfHa\  comedy.  1.  Orbxk. 
The  early  stages  of  the  history  of  comedy  are 
involved  in  great  indistinctness,  as  they  never 
formed  the  subject  of  much  inquiry  even  when  in- 
formation was  extant  This  was  the  case  even 
among  the  Athenians,  and  to  a  still  laxver  extent 
among  the  Dorians.  The  ancient  Greeks  seldom 
showed  much  latitude  for  antiquarian  research, 
«nd  for  a  long  time  comedy  was  scarcely  thought 
deserving  of  attention  (Aristot  Poei.  5),  for, 
though  springing  out  of  the  Dionysiac  festivals, 
it  had  not  that  predominantly  religious  character 
which  tragedy  had. 

That  comedy  took  its  rise  at  the  vintage  festi- 
vals of  Dionysus  is  certain.  It  originated,  as 
Aristotle  says  (Piiet.  4),  with  those  who  led  off 
the  phallic  songs  (M>  r&p  i^apx^rrttr  rk  ^oK- 
Aiicd)  of  the  band  of  reveUers  (ir£/toj),  who  at  the 
vinti^  festivals  of  Dionysus  gave  expression  to 
the  fillings  of  exuberant  joy  and  merriment  which 
wero  regarded  as  appropriate  to  the  occasion,  by 
parading  about,  partly  on  foot^  partly  in  wagons, 
with  the  symbol  of  the  productive  powers  of  na- 
ture, singing  a  wild^  jovial  song  in  honour  of 
Dionysus  and  his  companions.  These  s<higs  were 
commonly  interspersed  with,  or  followed  by  petu- 
lant, extemporsl  (a2^oo'x«3ia<rr(K4,  Arist  Poet,  i 
z  3 


S42 


COMOEDIA. 


wittkiiini  with  which  the  revellen  aaailed  the 
bystanden  (tee  the  deflcriptioii  of  the  phallophori 
St  Sicyon  in  Athen.  xiv.  p.  622),  jiut  as  the  chorus 
in  the  Fro^  of  Aristophanes,  after  their  song  to 
lacchos,  b%in  ridiculing  Archedemos  (417,  &&). 
This  origin  of  comedy  is  indicated  by  the  name 
jctf/A^lo,  which  undoubtedly  means  **  the  song  of 
the  kS»im%,^  This  appears  both  firom  the  testimony 
of  Aristotle  that  it  arose  out  of  the  phallic  songs 
and  firom  Demosthenes  (c  iUsuf.  p.  517X  where 
we  find  mentioned  together  h  K&yjtn  ical  oc  ttanutf- 
doC  (Comp.  MUlIer,  Hid,  of  Gr.  LiL  toL  ii.  p.  4, 
Dor.  ir.  7.  §  1  ;  Bode,  QtaA,  der  Hellen.  Dickik. 
Tol.  iL  part  2.  p.  4,  &c. ;  Kanngiesser,  die  alie 
Komuche  Bukne  zu  Athen^  p.  32.)  Other  deriva- 
tions of  the  name  were  however  given  even  in 
antiquity.  The  Megarians,  conceiving  it  to  be 
connected  with  the  word  Ki^fi%  and  to  mean  **  vil- 
lage-song,** appealed  to  the  name  as  an  evidence 
of  the  superiority  of  their  claim  to  be  considered 
as  the  originafans  of  comedy  over  that  of  the 
Athenians  (Arist.  PoeL  3).  This  derivation  was 
also  adopted  by  several  of  the  old  grammarians 
(see  Tzetxes,  in  Cramer^s  Anecd,  Gr.  voL  iiL  pp. 
335,  337 ;  Anonym,  vcpl  K»iJu^ias  in  Meineke, 
HuL  Crit.  Comic  Grate,  pp.  535,  538, 558,  and  m 
Bekker^s  Aneed,  Gr,  p.  747,  where  a  very  absurd 
account  of  the  origin  of  comedy  is  given),  and 
has  the  sanction  of  Bentley,  W.  Schneider,  and 
even  Bemhardy  {Grundriu  d.  Griech,  LiL  voL  iL 
p.  892). 

It  was  among  the  Dorians  that  comedy  first  as- 
sumed any  thing  of  a  regular  shape.  The  Mega- 
rians, hoik  in  tile  mother  country  and  in  Sicily, 
churned  to  be  considered  as  its  originators  (Arist 
Poet.  3),  and  so  fiir  as  the  comedy  of  Athens  is 
concerned,  the  claim  of  the  former  appears  well 
founded.  They  were  always  noted  for  their  coarse 
humour  (Aristopb.  Vetp.  57,  with  the  schol  ; 
Anthol.  Pal.  xi.  440  ;  Suidas,  s.  o.  y4\»s  ;  Bode, 
vol.  ii.  pt  2.  p.  27),  and  their  democretical  con- 
stitution, which  was  established  at  an  early  period, 
favoured  the  development  of  comedy  in  the  proper 
sense  of  the  word.  In  the  aristocratical  states  the 
mimetic  impulse,  as  connected  with  the  Uughable 
or  absurd,  was  obliged  to  content  itself  with  a  less 
unrestrained  mode  of  manifestation.  The  Lace- 
daemonians, who  had  a  great  fondness  for  mimetic 
and  orchestic  amusements,  had  their  8cunyXiirra(, 
whose  exhibitions  appear  to  have  been  burlesques 
of  characters  of  common  lifis.  The  fiivourite  per- 
sonages were  the  fruit-stealer  and  the  foreign 
quack,  for  the  representation  of  which  they  had  a 
peculiar  mimetic  dance.  (Pollux,  iv.  §  105 ;  Athen. 
xiv.  p.  621  ;  Plut  Ages.  21.  p.  607,  d,  Apopklh, 
Lae,  p.  212,  &c.  ;  Schol.  ad  Apoihn,  I  746  ; 
MQller,  Dor.  iv.  6.  §  9  ;  Bemhardy,  ^  e.  p.  894.) 
Analogous  to  the  3eiKi}A.(feTaf  were  the  $pva\- 
\iKToi(liesych,  s.  v.).  Among  the  forerunners  of 
comedy  must  be  mentioned  the  Phallophori  and 
Ithyphalli  at  Sicyon.  It  vras  here,  where  at  an 
early  period  the  dithyramb  also  was  dramatised, 
that  the  K&fios  first  assumed  a  more  dramatic 
form,  and  Dionysus  was  even  said  to  have  in- 
vented comedy  at  Sicyon  (Anthol.  PaL  xi.  32). 
The  Phallophori  had  no  masks,  but  covered  their 
iacee  with  chaplets  of  wild  thyme,  acanthus,  ivy, 
and  violets,  and  threw  skins  round  l^em.  After 
singing  a  hymn  to  Dionysus,  they  flouted  and 
jeered  at  any  one  of  the  bystanders  whom  they 
selected.    The  Ithyphalli  wore  masks  represent- 


COMOEDIA. 
ing  drunken  persons,  and  were  equipped  in  otliec 
respects  in  a  manner  which,  if  not  rerr  decent^ 
was  appropriate  to  the  part  they  had  to  saatain.< 
(Athen.  L  &)    It  was  the  iambic  imytrriaiitinnfi 
of  the  exarchi  of  such  choruses  which  gave  rise  to 
the  later  comedy.    Antheas  of  Lindus  is  apokea 
of  as  a  poet  who  composed  pieces  for  aueh.  eoiDasea 
of  phallus-bearerB,  which  were  called  comedies 
(Athen.  x.  p.  445).    Such  pieces  have  been  styled 
lyrical  comedies  by  many  scholars   (as  Borkh, 
Chrp,  IneeripL  No.  1584,  note  ;  and  Miillw,  7/»r. 
of  tke  IM,  ^  Greece^  voL  il  p.  5),  to  distingaish 
tiiem  fi:om  the  comedy  proper.    Lobeck  and  Her- 
mann however  stoutly  deny  that  there  was  aaj 
such  thing  as  lyrical  tragedy  or  comedy  distioct 
from  dnunatical  tragedy  and  comedy,  and  yet  not 
the  same  vrith  dithyrambs  or  phsLUic  songs,  and 
affirm  that  the  trsgedies  and  temedies  which  we 
hear  of  before  the  rise  of  the  regnku*  dxama  were 
only  a  species  of  dithyramb  and  phallic  song. 
(Hermann,  dt  Tragoedia  Comoediaqite  Ljfrioa^  in 
Opuac.  voL  viL  p.  211,  &c)    The  dispate  is  more 
about  names  than  about  things  ;  and  there  scenxs 
no  great  objection  to  applying  the  term  Igrieal 
tragedy  or  comedy  to  pieces  intended  to  be  per> 
formed  by  choruses,  without  any  actors  Histinrt  from 
the  chorus,  and  having  a  more  dramatic  cast  than 
other  purely  lyrical  songs.     This,  appazcntly,  was 
the  point  to  which  comedy  attained  among  the 
Megarians  before  Susarion  introduced  it  into  At- 
tica.   It  arose  out  of  the  union  of  the  iambic 
lampoon  with  the  phallic  songs  of  the  comoa,  just 
as  tragedy  arose  out  of  the  union  of  rhapsodical 
recitations  with  the  dithyramb. 

Among  the  Athenians  the  first  attempts  at 
comedy,  acoordrog  to  the  almost  unasimoiis  ac- 
counts of  antiquity,  were  made  at  Icaiia  bj  Su- 
sarion, a  native  of  Tripodiscus  in  Megara.  (SchoL 
ad  Dionys,  Throe,  in  Bekkerii  Amed,  Gr.  pu  748  ; 
Aspasius,  Ad  AristoL  EA,  Nic  iv.  2.  20.  bA. 
53,  R)  Icaria  was  the  oldest  seat  of  the  wonhip 
fA  Dionysus  in  Attica  (Athen.  ii  p.  40),  and 
comus  processions  must  undoubtedly  have  been 
known  there  long  before  the  time  of  Susarion. 
lambistic  raillery  was  also  an  amusement  alxeadj 
known  in  the  festivals  of  Bacchus  and  Demeter 
(MUUer,  Hia,  <f  LU.  of  Gr,  vol.  L  p.  132  ; 
Hesychius,  s.  «.  rtpvpiffrai  ;  Suidas,  s.  cu  7«^- 
piC^if;  Schol  Arist  Adarm.  708).  From  the 
jests  and  bonterings  directed  by  the  Baochie  co- 
mus, as  it  paraded  about,  against  the  bystanders, 
or  any  others  whom  they  selected,  arase  the 
proverb  ri,  4^  (Lfut^s  (Schol.  Arist  E^/miL  544, 
Nub,  296  ;  Suidas,  s.  v. ;  Ulpianus  ad  Demoath. 
de  Cor,  p.  268,  ed.  Reiske ;  Bode,  L  e.  p.  22  ; 
Photius,  Leaf,  t,  v.  rh  ix  t£k  ofui^).  This 
amusement  contmued  customary  not  only  at  the 
rural  Dionysia,  but  at  the  Anthesteria,  on  the 
second  day  of  the  festival  [Dionysia].  It  was  in 
the  third  year  of  the  50th  Olympiad  (&  a  578), 
that  Susarion  introduced  at  Icaria  comedy  in  that 
stage  of  development  to  which  it  had  attained 
among  the  Megarians  (Mar.  Par.  ep^  40.  in 
Bdckh'B  Corput  InecripL  vol.  ii  p.  301).  It  is 
not  however  easy  to  decide  in  what  his  improve- 
ments consisted.  Of  oourw  there  were  no  acton 
beside  the  chorus  or  oomus ;  whatever  there  was 
of  drama  must  have  been  performed  by  the  hitter. 
The  introduction  of  an  actor  separate  from  the 
chorus,  vras  an  improvement  not  yet  made  in  the 
drama.  According  to  one  grammarian,  Snsarioa  was 


GOHOEDIA. 

d»  int  to  give  to  tlw  iambiitw  peHormtncM  of  the 
CMD»  a  v^dar  netrical  ftnn  (ScboL  ad  Diemf. 
Time.  apL  Bekkcr,  ulaoedL  GV.  pi  748 ;  Meindie, 
L  e.  PL  549).  He  da  douU  iabttitnted  far  the 
hmr  iiK  iiHt  nBpffVflntioiii  of  the  dMtnt  and  itt 
kadcr  ptimilitotrf  conpoutMOo,  though  itUl  of 
the  mae  gencnl  kind;  fer,  at  Ari^tle  my% 
{P^ttL  e.  h\  Cmtea  was  the  fint  who  i|p(cr, 
Af^^fOMt  T^»  l^pcCucJfS  VUos  mMAav  V9tw 
Xiqimn  #  /K&tmn,  There  woold  wem  ako  to  haye 
ben  aoBM  kind  of  poetical  eonteat,  lor  we  lean 
thai  die  pose  ftr  the  aDeoeBBfiiil  poet  ^rae  a  baaket 
ofigaaada  jarof'inne(Mann.Par.  Aa;  Bentlej, 
Dimtwt.  cm  ikg  M^  4/  PhaL  toL  L  pi  259,  ed. 
Dree).  It  wm  abo  the  pnctiee  of  those  who 
took  part  ID  the  cobbos  to  smear  their  laces  with 
viae-leei^  either  to  pierent  their  ieatnres  from 
beii^;  neogniaed,  or  to  gire  themseWes  a  more 
gLmUftaqug  ^ipcanuiee,  Henee  comedy  came  to  be 
caOed  r|n>yyKtt,  or  lee-song.  Otheis  connected 
the  nana  with  the  cireamstance  of  a  jar  of  new 
wiae  (jf^O  heing  the  prise  fat  the  aoceessful 
poet.  (Atben.  iL  p.  40  ;  Anoo.  ajk.  Meineke,  L  e, 
^  535 ;  AristBph.  Aekarm,  L  47S,  && ;  Fragm. 
ap.  Atben.  xiL  pi  551  ;  ^elara.  851,  603,  Vetp. 
630, 1534  ;  SchoL  ad  Arist  Jekan.  397,  498  ; 
Schel.  ad  Plat,  de  Rep.  iiL  p.  928,  ed.  Bait  et 
OrIL  ;  Bentley,  Dmert.  om  Ae  Ep.  <^PkaL  yoi.  I 
p.  341,  Ac  ed.  Dyce  ;  Bode,  i.  e.  p.  22.)  There 
can  be  but  little  question  that  Sosarion^t  pieces 
were  maeXj  intended  for  the  amusement  of  the 
hoar,  and  were  not  consmitted  to  writing  (Bentley, 
/.  e.  |k  250,  &C. ;  Anonym,  de  Com.  api  Meineke, 
/.  c,  p.  540  :  Bode,  L  &).  The  comedy  of  Sosarion 
doabilieH  partook  of  that  petulant,  coane,  and 
snrealiained  peraonality  Ibr  which  the  Megarian 
eoBiedy  was  noted.  For  entertainments  of  rach  a 
i.hmmeMKr  the  Athenians  were  not  yet  prepared. 
They  requited  the  freedom  of  a  democracy.  Ao- 
cardSn^y,  csoMdr  was  diseoan^d,  and  for  eivfaty 
yean  after  the  time  of  SuMiion  we  hear  nothing 
of  it  Bk  Attica. 

It  was,  howetcr,  in  Sicily,  that  comedy  wai 
earliest  hnoght  to  aooiethinff  like  perfection.  The 
Greeks  in  ^cily  always  ezhibited  a  lirely  tempera- 
ment, aad  the  gift  ef  woiking  np  any  occurrence 
into  a  ipirited,  Awnt  dialogue.  (Cie.  Verr,  vr.  48, 
Dkm.  m  CbedZ.  9,  OraL  n,  54 ;  QnintiL  vi  3. 
S  41.)  This  &cnl^  finding  its  stimulus  in  the 
cxdtemeat  pmdueed  by  the  political  contest!,  which 
were  10  frequent  in  the  different  dties,  and  the 
ofpertnity  frr  ito  exercise  in  the  nnmeroni  agra* 
risn  lotiTals  eonnected  with  the  worship  of  Demeter 
aad  Bbecfaua,  it  was  nataxal  that  cconedy  should 
cady  take  ito  rise  among  them.  Tet  before  the  time 
af  the  Peniaii  wan,  we  only  hear  of  iambic  com- 
pesitionB,  and  of  a  aingle  poet,  Aristoxenus.  The 
pnfanaen  wen  called  ofrroirdtfSaAM,  i.  e.  impro- 
fisatores  (Atben.  xIt.  p^  822. ;  Btym.  Magn.  a.  e. 
s^aaoO.  ;  EQstath.ail  721  xi.  ^  884. 45  ;  Hesych. 
i.r.;  AnMLmeL  iiL 7.  §  1  ;  Bode,  Lc  pi  8,&cX 
asd,  aabsequentiy,  liii^oi.  Their  entertainments 
Wh^  of  a  chonl  charact^  were,  doubtleaa,  ac- 
eaopsoicd  by  mnsie  and  dancing.  Athenaeus 
{jar.  p.  829)  mentions  a  dance  called  the  /o^uc^, 
which  he  ranks  with  the  K^pSa^  and  ffUtunns. 
Aftervaids,  the  eomic  element  was  derelc^Md 
fuAj  mto  ftawesties  of  religioos  legends,  partly 
isla  deiineatioiis  of  chancter  and  manufts ;  the 
fcnaer  m  the  eonedy  of  ^lichannus,  Phonnis,and 
the  latter  in  the  mimes  of  Sophien 


COMOEDIA. 


348 


snd  Xenarehna*  Bpichaimus  is  veiy  commonly 
called  the  inventor  of  oomedy  by  the  gnmniarians 
and  othen  (Theocr.  Bpig.  17  ;  Snidas  a.  e. 
*Ew(x>WiM  ;  Solinus,  5,  13)  ;  this,  howeTer,  is 
trae  onlT  of  that  more  artistical  ahane  which  he 
save  to  It  (Bemhardy,  t  &  p.  900.)  In  hia  eflbrU 
he  appean  to  have  been  ssaociated  with  Phormia, 
a  aomewhat  older  eontemponuy.  The  Meg ariaaa 
in  Sicily  claimed  the  honour  of  the  iuTention  of 
comedy,  on  account  of  hia  having  lived  in  Megarn 
before  he  went  to  Syracuse.  {DieUomvry  t^Biog, 
amd  Myth,  art  Epiekarmtu.)  According  to 
Aristotle  {p9tL  5)  Kpicharmos  and  Phormis 
were  the  first  who  began  i»v$9vf  wotw  ;  which 
Bemhardy  (L  e.  p.  898)  nodentands  to  mean  that 
they  were  the  first  to  introduce  regular  plots.  The 
aubjecto  of  hia  phiya  were  mostly  myllioI<^gica], 
L  e.  wen  parodies  or  treTcstiea  of  mythological 
atoriea.  (MUUer,  Doriam^  boc^  ir,  c  7.)  Whether 
in  the  reprcaentotion  then  waa  a  chorua  as  well  as 
acton  is  not  dear,  though  it  has  been  asaumed 
(Gryaar,  de  Dor.  Com.  pi  200,  Aci)  that  he  and 
Phormia  were  the  earliest  comic  poeta  whose  works 
reached  posterity  in  a  written  form.  (Bentley,  L  e. 
p.  451.)  But  the  comedy  of  Epicharmua  waa  of 
brief  duration.  We  hear  of  no  aucceaaon  to  him 
except  hia  aon  or  diaciple  Deinolochna. 

In  Attica,  the  first  comic  poet  of  any  import- 
ance whom  we  hear  of  after  Snaarion  ia  Uhionidea, 
who  ia  aaid  to  hare  brought  out  playa  in  b.  c.  488 
(Suidaa  t.  v.  XjM¥i9ns).  Knetea,  Euzenidea,  and 
Myllua  were  probably  contemporaries  of  Chionidea  ; 
he  waa  followed  by  Magnea  and  Eqihantidea. 
Their  compoaitiona,  however,  aeem  to  have  been 
little  but  the  reproduction  of  the  old  Megaric  fiu«e 
of  Suaarion,  difoing,  no  doubt,  in  ibrai,  by  the 
introduction  of  an  actor  or  actors,  aeparato  from 
the  chorus,  in  imitotion  of  the  improvements  that 
had  been  made  in  tragedy.  (Bode,  /.  e.  p.  29 — 36.) 
That  branch  of  the  Attic  drama  which  waa  called 
the  old  oomedy,  begina  properly  with  Cratinus, 
who  waa  to  comedv  very  much  what  Aeachylua 
waa  to  tragedy.  Under  the  vigorous  and  liberal 
administration  of  Perides  oomedy  finmd  free 
acope,  and  rapidly  leached  ita  perfection.  Cratinus 
is  said  to  have  been  the  first  who  intrt>duoed  three 
actors  in  a  comedy.  (Anonym,  de  Com.  ap.  Mei- 
neke, p.  540.)  But  Crates  ia  apoken  of  as  the  first 
who  began  kMXmv  weicu^  Xiyovs  1^  fiMevs  (Arist 
PoeL  5),  L  ei  raised  comedy  fifom  being  a  mere 
lampooning  of  indiTiduala,  and  save  it  a  character 
of  univerrality,  in  which  aubtects  drawn  from 
reality,  or  atoriea  of  hia  own  mvention  reoeiyed 
a  free,  poetic  treatment,  the  chancton  introduced 
being  rather  generaliaationa  than  particular  indi- 
viduals. (See  Ariatotlels  distinetion  between  rii 
Kolf  wmrrew  and  rk  sotf^Aov,  i^»e<.  9.)  In  what 
is  known  of  his  pieces  no  tnees  appear  of  anything 
of  a  persona]  or  political  kind.  He  was  the  first 
who  introduced  into  his  pieces  the  chsracter  of  a 
drunken  man.  (Anonym,  de  Com.  «p.  Meineke, 
p.  536.)  Though  Crates  was  a  younger  contem- 
porary of  Cratinus,  and  at  first  an  actor  in  his 
pieces,  yet,  except  perhaps  his  earlier  pkys,  the 
comedies  of  Cratinus  were  an  improvement  upon 
those  of  Crates,  as  they  united  with  the  universality 
of  the  latter  the  pungent  personal  aatire  and  earnest 
political  purpose  which  characteriaed  the  dd  oomedy 
(Bemhardy,  2.  e.  pp.  942,  946.)  Cratea  and  his 
imitator  Pherecratea  aeem  in  the  ahsracter  of  their 
pieces  to  have  had  more  affinity  with  the  middle 
1  4 


844  COMOEDIA. 

than  with  the  old  comedy.  The  latter  has  been 
described  as  the  comedy  of  caricature,  and  such 
indeed  it  was,  bnt  it  was  also  a  great  deal  more. 
As  it  appeared  in  the  hands  of  its  great  masters 
Cratmus,  Hermippos,  Eapolis,  and  especially  Aris- 
tophanes, its  main  characteristic  was  that  it  was 
throughout  polUieaL  Everything  that  bore  upon 
the  political  or  social  interests  of  the  Athenians 
famished  materials  for  it  It  assailed  OTerything 
that  threatened  liberty,  religion,  and  the  old  esta- 
blished principles  of  social  morality  and  taste,  and 
tended  to  detract  from  the  true  nobleness  of  the 
Greek  character.  It  performed  the  functions  of 
a  public  censorship.  (Hor.  Sena,  L  4.  1,  ftc ; 
Isocrat  de  PacB^  pi  161  ;  Dion  Chrysost  Tol.iL 
p.  4,  ed.  Rsk. ;  Cic.  de  R^,  iy.  10.)  Though 
merely  personal  satire,  having  no  higher  object 
than  the  sport  of  the  moment,  was  by  no  means 
excluded,  yet  commonly  it  is  on  political  or  general 
grounds  that  individuals  are  brought  forwud  and 
satirised.  A  groundwork  of  reality  usually  lay  at 
the  basis  of  the  most  imaginative  forms  which  its 
wild  licence  adopted.  AU  kinds  of  phantastic 
impersonations  and  mythological  beings  were  mixed 
up  with  those  of  real  life.  With  such  unbounded 
•tores  of  materials  for  the  subject  and  form  of 
comedies,  complicated  plots  were  of  course  un- 
necessary, and  were  not  adopted.  Though  the 
old  comedy  oould  only  subsist  under  a  democracy, 
it  deserves  to  be  remarked  that  its  poets  were 
usually  opposed  to  that  democracy  and  its  leaders. 
Some  of  the  bitterest  assailants  even  of  Pericles 
were  to  be  found  among  the  comic  poets. 

In  the  year  b.  c.  440,  a  law  was  passed  rou  /i^ 
icw/u^civ  (Schol.  Arist  Acham,  67),  which  re> 
mained  in  force  for  three  yean,  when  it  was  re- 
pealed. Some  (e.^.  Clinton,  F.H.8.a,)  under- 
stand the  law  to  have  been  a  prohibition  of  comedy 
altogether,  others  (Meineke,  /.  c  p.  40 ;  Bemhardy, 
pi  943)  a  prohibition  against  bringing  forward  in- 
dividuals in  their  proper  historical  personality  and 
under  their  own  name,  in  order  to  ridicule  them 
(jiil  Kt^fUf^Mf  Ivofjuurrl),  To  the  same  period 
probably  belongs  the  law  that  no  Areopogite  should 
write  comedies.  (Plut  de  CUor,  Ath.  p.  348,  c.) 
About  B.  c.  415,  apparently  at  the  instigation  of 
Alcibiades,  the  law  of  440,  or  at  all  events  a  law 
fiil  Kt»/juf9tTy  h/woiMorif  was  again  passed  on  the 
motion  of  one  Syracosius  (SchoL  Arist  ^eei^  1297). 
But  the  law  only  remained  in  force  for  a  short 
time  (Meineke,  p.  4 1 ).  The  nature  of  the  political 
events  in  the  ensuing  period  would  of  itself  act 
as  a  check  upon  the  licence  of  the  comic  poets.  A 
man  named  Antimachus  got  a  law  like  that  of 
Syracosius  passed,  but  the  date  of  it  is  not  known. 
(SchoL  Anst  Adimm.  1149.)  With  the  over- 
throw of  the  democracy  in  41 1,  comedy  would  of 
course  be  silenced,  but  on  the  restoration  of  the 
democracy,  comedy  again  revived.  It  was  doubt- 
less again  restrained  by  the  thirty  tyrants.  During 
the  latter  part  of  the  Peloponnesian  war  also  it 
became  a  matter  of  difficulty  to  get  choregi ;  and 
hindianoes  were  sometimes  thrown  in  the  way  of 
the  comic  poets  by  those  who  had  been  attacked  by 
them.  (SchoL  Anst  J7aa.  153.)  Agyrrhius,  though 
when  is  not  known,  got  the  pay  of  the  poets 
lessened.  (Schol.  Arist  Eod.  102.)  The  old 
Attic  comedy  kisted  from  OL  80  to  OL  94  (ac. 
458—404).  From  Cratinus  to  Theopompus  there 
were  forty-one  Ppets,  fourteen  of  whom  preceded 
Aristophanes.    The  number  of  pieces  attributed  to 


COMOEDIA. 

them  amounted  altogether  to  365.  CAnoo.  d^ 
Com,  ap.  Meineke,  p.  535  ;  Bode,  /.  &  p.  108.)  An 
excellent  and  oompendioos  account  of  these  poet5 
is  given  by  Bemhardy.  {Gnmdriss  dtr  CrriaA, 
IaL  voL  iL  p.  945 — 954.)  A  more  extended  aooooDt 
will  be  found  in  Meineke  {HuL  OriL  Camie.  Graee^ 
forming  voL  L  of  his  Pragm,  Com,  Oraecjyt  u*^  ™ 
Bode  {Geach,  der  Heilem,  Dicktk,  ToL  iu.  pt.  iL  p. 
108,  &c  &c).  The  reader  is  also  referred  to  the 
articles  Crates,  Cratinus,  Pberecratea,  Hermippns, 
Eupolis  and  Aristophanes  in  the  tHetiomary  of 
Greekand  Roman  Biography cmdMjfUiologjf,  (Comp. 
Rdtscher,  Arittophann  und  tern  Zeitaiter ;  aad 
Schlegers  LeduireMoa  Dramatic  Art  amd  iAieratureJ) 
The  later  pieces  of  Aristophanes  belong  to  the 
Middle  rather  than  to  the  Old  Comedy.  The  old 
Megaric  comedy,  which  was  improved  bj  Maeaon, 
by  the  introdncti<m  of  standing  characters  (A then. 
xiv.  p.  659,  a.)  continued  for  some  tinte  to  sabsiat 
by  the  side  of  the  more  artistically  developed  Attic 
comedy,  as  did  the  ancient  lambistic  entertaio- 
ments  both  in  Syracuse  and  in  the  Dorian  states 
of  Greece.     (Arist  Poet,  4  ;  Bode,  ^ c:  p.  28.) 

It  was  not  usual  for  comic  poets  to  bring  forward 
more  than  one  or  two  comedies  at  a  time  ;  and 
there  was  a  regulation  according  to  which  a  poet 
could  not  bring  forward  comedies  before  he  was  of 
a  certain  age,  which  is  variously  stated  at  thirty  or 
forty  years.  (Aristoph.  Nvb,  530,  with  the  scho- 
liast.) To  decide  on  the  merits  of  the  comedies 
exhibited,  five  judges  were  appointed,  which  n'as 
half  the  niunber  of  those  who  adjudged  the  prize 
for  tragedy.  (SchoL  ad  Arist  Av.  445  ;  Hesjch. 
s.  V.  irirrt  irpiroL) 

The  chorus  in  a  comedy  consbted  of  twenty- 
four.     [Chorus.] 

The  dance  of  the  chorus  was  the  scdpSo^  the 
movements  of  which  were  capricious  and  licentious, 
consisting  partly  in  a  reeling  to  and  fro,  in  imitation 
of  a  drunken  man,  and  in  various  unseemly  and 
immodest  gestures.     For  a  dtisen  to    dance  the 
K6p9ai  sober  and  without  a  mas)^,  was  looked 
upon  as  the  height  of  shamelesaness.     (Theophiast 
Charact,  6.)     The  choreutae  were  attixed  in  the 
most  indecent  manner.     (Schol.  ad  Arist  A'mA. 
537.)     Aristophanes,  however,  and  probably  other 
comic  poets  also,  frequently  dispensed   with  the 
K6p9ai,  (Arist  iVif6. 537,  &C.  553,  &c;  Schneider, 
das  Attitcke  IkeaterweseR^  p.  2*29,  &c )     Comedies 
have  choric  songs,  but  no  rrdtrtfia^  at  aooga  between 
acts.    The  most  important  of  the  chocal  parts  was 
the  Porabasis,  when  the  actors  having  left  th»  sts^, 
the  chorus,  which  was  ordinarily  divided  into  foar 
rows,  containing  six  each  (Pollux,  iv.  108  ;  SchoL 
ad  Arist  Pae,  733),  and  was  tumed  towards  the 
stage,  turned  round,  and  advancing  towards  the 
spectators  delivered  an  address  to  them  in  the 
name  of  the  poet,  either  on  public  topics  of  geoeial 
interest,  or  on  matters  which  concerned  the  poet 
personally,  criticising  his  rivals  and  calling  attention 
to  his  merits ;  the  address  having  nothing  what- 
ever to  do  wiUi  the  action  of  the  play.     (£hoL  ad 
Arist  Nub,  518,  Pae.  733,   H^  505.)     The 
gmmmarians  speak  of  it  as  being  divided  into  the 
following  portions :  —  1.  A  short  introduction  (the 
KOfifjJrioy)  ;  2.  The  waMofftt  in  the  narrower 
sense  of  the  word,  or  iuriwoicros^  which  was  the 
principal  part ;  and  usually  consisted  of  a  system 
of  anapaestic  or  trochaic  tetrameters,  in  which  case 
it  was  the  practice  for  it  to  close  with  what  was 
called  the  iuuef>6y  or  vyiyef,  a  number  of  short 


COMOEDIA. 

Moeaf  trkkh  the  speaker  had  to  utter  in  a  breatli, 
9sd  hy  wkkh  he  was  to  appear  to  be  choked  ;  3. 
Tht  irrp9^ ;  4.  The  hnfihf^ ;  5.  The  Arri- 
crpo^,  anfwering  to  the  crpo^ ;  6.  The  iarr- 
o^^ivw,  answcriDg  to  the  irt^piifaa.  The  strophe 
aai  aBtistniiAe  trere  sung  bj  bailf  chonues,  and 
ven  probahly  aeeompamed  by  dancing,  being  the 
•cJj  parts  of  the  parabasis  that  were  so  accom- 
poaicd.  (Bode  Le.  p.  273.)  The  rfaema  and  epir- 
ihamwae  uttered  by  single  choreatae.  The  para- 
ksis,  hoverer,  did  not  always  contain  all  these 
ports  enoipletew  The  origin  of  the  paxabasis  is  not 
({■ifte  dear.  Possibly  in  the  earlier  stages  of 
coocdr,  the  poet  went  with  the  oomos  jwoeession, 
sad  in  the  eoorse  of  its  performance  addressed  a 
ipeeehiahia  own  person  to  the  spectators.  (Etym. 
Ma^  PL  528  ;  Pollnx,  iT.  11 1  ;  SchoL  ad  Arist 
A-.6.518,  1113,  /Vae.733;  Hypothes.  ad  Arist 
StA, ;  Hennaim,  Elem.  DocL  MHr.  iii.  21,  pi  720, 
&e. ;  Kaangieaser,  AlU  Kom.  BiUae,  p.  356,  &c  ; 
Kdster,  dm  PonibatL)  The  paiabasis  was  not 
■nsfenslly  introduced :  three  plays  of  Aristophanes, 
the  Kcih^tainsac^   Lysistrata,  and  Plutus  have 


COMO£t)IA. 


345 


.^8  the  old  Attie  comedy  was  the  offspring  of  the 
pi^tkal  and  aocial  Tigonr  and  freedom  of  the  age 
doing  which  it  floonshed,  it  naturally  declined 
snd  ceased  with  the  dedine  and  orerthrow  of  the 
^redora  and  Tigoor  which  were  neeessaiy  tar  its 
derebpoient.     It  was  repbced  by  a  comedy  of 
a  womemkal  diHierent  ttjle,  which  was  known  as 
the  UiddAe   comedy,   Uie  age  of  which  lasted 
6tt&  the  end  of  the  Pdoponnesian  war  to  the 
creryoov  of  liberty  by  Philip  of  Macedon.  (OL  94 
— 110.)     Daring  this  period,  the  Athenian  state 
bad  the  Sana,  bat  none  of  the  spirit  of  its  earlier 
faaacBilical  constitation,  and  the  energy  and  pnb- 
Ik  ipidt  of  earlier  years  had  departed.     The 
cooaedy  of  this  period  accordingly  &and  its  mate- 
ziak  in  aatirixing  classes  of  pe(^e  instead  of  indi- 
vidaaln,  in  criticising  the  systems  and  merits  of 
phikeophets  and  litenury  men,  and  in  parodies  of 
t^  compositions  of  Irring  and  eariier  poets,  and 
tBiresries  of  mytholofficsl  subjects.     It  formed  a 
tnarition  from  the  old  to  the  new  comedy,  and 
appRxximated  to  the  latter  in  the  greater  attention 
ta  the  eoatftraction  of  plots  which  seem  frequently 
to  bave  been  foonded  on  amorons  intrigues  (Bode, 
p  3d(>),  and  in  the  absence  of  that  wild  grotesque- 
sea  whidi  marked  the  old  comedy.    As  regards 
na  extenal  form,  the  pla3r8  of  the  middle  comedy, 
gcceially  speaking,  had  neither  parabasis  nor  chorus. 
<  Platooias,  de  D^hr,  Com,  api  Meineke,  p.  532.) 
Tbe  ahsenee  of  the  chorus  was  occasioned,  partly 
W  the  change  in  the  spirit  of  comedy  itself,  partly 
br  tbe  increasing  difRcdty  of  finding  persons  capable 
of  mtdertaking   the  duties  of  choregns.    As  the 
cbai^  in  comedy  itself  was  gradual,  so  it  is  most 
Hkely  that  the  alterations  in  form  were  brought 
about  by  degrees.     At  first  showing  the  want  of 
ppcT  mosical  and  orchestic  training,  the  chorus 
vu  St  last  dropped  altogether.    Some  of  the  frag- 
ments of  peees  of  the  middle  comedy  which  have 
Raehed  us  are  of  a  lyrical  kind,  indicating  the 
pRienoe  of  a  choras.    The  poets  of  this  school  of 
cnoedy  leem  to  hare  been  extraordinarily  prolific 
Athaacos  (riil  p.  336,  d.)  says,  that  he  had  read 
shore  800  dnmas  of  the  middle  comedy.    Only  a 
fev  fiagments  are  now  extant.     Meineke  {Hist. 
CrU.  CoKL  Gr.  p.  303)  giTce  a  list  of  thirty-nine 
poeti  of  tl«  middle  comedy.    The  most  celebrated 


were  Antiphanes  and  Alexis.  (Bode,  Lc^  393» 
die. ;  Bemhardy,  pi  1000,  &g.) 

The  new  comedy  was  a  further  derelopment  of 
the  last  mentioned  kind.  It  answered  as  neariy 
as  may  be  to  the  modem  comedy  of  manners  or 
character.  Droppmg  for  the  most  part  personal 
allusions,  caricature,  ridicule,  and  parody,  which, 
in  a  more  general  form  than  in  the  old  comedy, 
had  maintained  their  ground  in  the  middle  comedy, 
the  poets  of  the  new  comedy  made  it  their  business 
to  reproduce  in  a  generalised  fonn  a  picture  of  the 
ereiy-day  life  of  those  by  whom  they  were  sur- 
rounded. Hence  the  gnunmarian  Aristophanes 
asked:  i  M4yaMf6p€  km  filt,  w&rtpos  ttp'  6/iMr 
ir&rtpw  ianfUfi'iia'aTo  (Meineke,  praef.  Mm.  p. 
33).  The  new  comedy  might  be  described  in  the 
words  of  'Ciceio  {de  Hep,  it.  1 1 X  as  **  imitationem 
yitae,  speculum  consuetudinis,  imaginem  Teritatis.** 
The  frequent  introduction  of  sententious  maxims 
wss  a  point  of  resemblance  with  the  kter  tragic 
poets.  There  were  various  standing  chancten 
which  found  a  place  in  most  plays,  such  as  we 
find  in  the  plays  of  Plantos  and  Terence,  the  leno 
petyunuy  amator  fervidus^  tervuhu  «ifftf/at,  amiea 
illudens^  wodalit  opttubUar,  nulet  proeliator,  para- 
sdw  ediutj  pareHies  temm,  mereirieea  proeaeea, 
(AppuL  Fbr.  \6  ;  Orid,  Amor,  1 15, 17.)  In  the 
new  comedy  there  was  no  chorus,  and  the  dramas 
were  commonly  introduced  by  prologues,  spoken 
by  allegorical  personages,  such  as  "EXtyxoSt  ^6€os, 
*A'/ip.  The  new  comedy  flourished  from  about 
B.  a  340  to  B.  a  260.  The  poete  of  the  new  comedy 
amounted  to  64  in  number.  The  most  distinguished 
was  Meoander.  Next  to  him  in  merit  came  Phile- 
mon, Diphilus,  Philippides,  Posidippus,  and  Apol- 
lodorus  of  Carystus.  (Bemhardy,  p.  1008,  &c. ; 
Meineke,  /.  c  p.  435,  &c.) 

Respecting  the  masks  used  in  comedy  the  reader 
is  referred  to  the  article  Pkrsona.  The  ordinaiy 
costume  was  the  ^|o»M^f,  which  for  old  men  was 
unfiilled.  Peasants  cairied  a  knapsack,  a  cudgel, 
and  a  skin  of  some  kind  (pi^Btpa).  Young  men 
had  a  purple  tunic  ;  parasites  a  black  or  grey  one, 
with  a  comb  and  a  box  of  ointment  Courteauis 
had  a  coloured  tunic,  and  a  variegated  doak  over 
it,  with  a  wand  in  their  hand.  Slaves  w<»e  a 
small  variegated  doak  over  their  tunic ;  cooks  an 
unfrdled  double  mantle ;  old  women  a  yellow  or 
blue  dress  ;  priestesses  and  maidens  a  white  one  ; 
heiresses  a  white  dress  with  a  fringe  ;  bawds  and 
the  mothers  of  hetaerae  had  a  purple  Iwnd  round 
the  head ;  panderers  a  dyed  tunic,  with  a  varie- 
gated cloak  and  a  straight  stafi^  called  Ap^ffKos. 
(Pollux,  iv.  118,  dLC,  vii  47  ;  EtymoL  Magn.  p. 
349.  43;  A.  OelL  vii.  12.)  The  authorities, 
however,  on  these  points  are  not  very  full,  and  not 
quite  accordant 

2.  RouAN.  —  The  accounts  of  the  early  stages 
of  comic  poetry  among  the  Romans  are  scanty,  and 
leave  many  points  unexplained,  but  they  are  pro- 
bably trustworthy  as  for  as  they  go.  Little  is 
known  on  the  subject  but  what  Livy  tells  us  (vii. 
4).  According  to  his  account  in  the  year  b.  c.  363, 
on  the  occasion  of  a  severe  pestilence,  among  other 
ceremonies  for  averting  the  anger  of  the  deities 
scenic  entertainments  were  introduced  from  Etruria, 
where  it  would  seem  they  were  a  fiimiliar  amuse- 
ment Tuscan  players  (Uidume»\  who  were  fetched 
from  Etroria,  exhibited  a  sort  of  pantomimic  dance 
to  the  music  of  a  flute,  without  any  song  aocom^ 
panying  their  dance,  an4  withoat  tegular  dramatic 


346 


COMOEDIA. 


getticdadoD.  The  amiuement  became  popiikr,  and 
was  uuitated  by  the  yoimg  Romana,  who  (thoiigh 
how  loon  ii  not  stated)  improved  upon  the  original 
entertainment  by  nniting  with  it  eztemporuieoas 
mntoal  lailleiy,  composed  in  a  mde  irregdar  mea- 
snre,  a  species  of  divenion  which  had  been  long 
known  among  the  Romans  at  their  agrarian  fes- 
tivals onder  the  name  of  i^esoewiiMKi  [Fxscbn- 
nina].  They  regnlated  their  dances  so  as  to  ex- 
press the  sense  of  the  words.  Those  who  had  an 
aptitude  fi>r  thia  sort  of  representation  set  them- 
selves to  improve  its  form,  sapplantug  the  old 
Fescennine  verses  by  more  regiuar  compositions, 
which  however  had  not  as  yet  any  thing  like 
dramatic  unity  or  a  regular  plot,  but  from  the  mis- 
eellaneoos  nature  of  the  subjects  introduced  were 
called  teUurae  [Satura].  Those  who  took  part 
in  these  exhibitions  were  called  hiMrumei,  huter 
being  tiie  Etruscan  word  which  answered  to  the 
Latm  Imdw  [Hiaraio].  It  was  123  years  after 
the  first  introduction  of  these  scenic  performances 
before  the  improvement  was  introduced  of  having 
a  regular  plot  This  advance  was  made  by  Livius 
Andronicus,  a  native  of  Magna  Oraecia,  in  b.  a 
240.  His  pieces,  which  were  both  tragedies  and 
comedies,  were  merely  adaptations  of  Greek  dramas. 
His  popularity  increasing,  a  building  on  the  Aven- 
tine  hill  was  assigned  to  him  for  his  use,  which 
served  partly  as  a  theatre,  partly  as  a  residence  for 
a  troop  of  pkyers,  for  whom  Livius  wrote  his 
pieces.  The  representation  of  regular  plays  of  this 
sort  was  now  left  to  those  who  were  histriones  by 
profession,  and  who  were  very  conmionly  either 
foreigners  or  daves  ;  the  free-bom  youth  of  Rome 
confined  their  own  scenic  performances  to  the 
older,  irregdar  farces,  which  long  maintained  their 
ground,  and  were  subaequently  called  exodia^  being, 
as  Ltvy  says,  omserto  fabdtU  potimmmm.  AtdUmU. 
[ExoDiA ;  Satura.]  Livius,  as  was  common  at 
that  time,  was  himself  an  actor  in  his  own  pieces. 
His  Latin  adaptations  of  Greek  plays,  though  they 
had  no  chorus,  were  interspersed  with  monodies, 
which  were  more  lyricd  in  their  metricd  form, 
and  more  impassioned  in  their  tone  than  the  ordi- 
nary didogue  parts.  In  the  musicd  recitation  of 
these  Livius  seems  to  have  been  very  successful, 
and  was  frequently  encored.  The  exertion  being 
too  much  for  his  voice,  he  introduced  the  practice 
in  these  monodies,  or  ooa^ica,  of  placing  a  skve 
beside  the  flute  player  to  recite  or  clmunt  ue  words, 
while  he  himself  went  through  the  appropriate 
gesticdation.  This  became  the  usud  practice  from 
that  time,  so  that  in  the  cantica  the  histriones  did 
nothing  but  geaticdate,  the  ody  parts  where  they 
used  Uieir  voice  being  the  dialogues  {dweiUa), 
Livy*ft  account  has  been  absurdly  misunderstood 
as  implying  that  the  introduction  of  this  dave  to 
chaunt  the  cantica  led  to  the  use  of  didogue  in  the 
Roman  dramas,  as  though  there  had  been  no  dia- 
logue before  ;  in  which  case,  as  there  was  certaidy 
no  chorus,  Livius  must  have  adiq>ted  Greek  dramas 
so  aa  to  admit  of  being  represented  in  a  series  of 
monologues,  a  supposition  which  is  oonftited  by  its 
o>vn  absurdity.  It  is  perfectly  dear  that  the  pbiys 
of  Livius  were  an  improvement  on  the  old  scenic 
saturae,  which  consisted  of  didogue,  and  that  the 
improvement  was  simply  that  of  adaptmg  the  dia- 
logue to  a  regular  plot.  Hermann  {D%$$erL  de 
CamL  m  Fab.  tomic.  Opusc.  voL  L  p.  290,  Ac.)  has 
sufficiently  shown  that  the  cantica  were  not  mere 
musicd  interindes  aecompaded  by  dancing  or  gea- 


COMOEDU. 

ticdation,  introduced  between  the  acts,  but  ti 
monodid  parts  of  the  plays  themselves;  thoaj 
(as  is  dear  from  Plantas,  PtewL  L  5.  160)  the 
were  cases  in  which  the  iiute-playcr  filled  up  tl 
intervals  between  acts  with  music,  aa  in  the  tis 
XtoF  in  the  Greek  theatre.  But  tfaeve  is  notbii 
to  show  that  such  musicd  interiudea  were  aooM 
panied  with  gesticdation  by  any  actor  ;  and  it 
not  merely  without  but  against  dl  anthority  to  a 
such  interludes  cantica.  Heimann  has  also  aJiov 
that  it  is  quite  a  mistake  to  suppose  that  the  kar 
ing  actors  ody  gesticulated  in  the  cantica,  aa 
took  no  part  in  the  ordinary  didogue.  The  csi 
tica  were  ody  monodies  put  into  the  month  of  m 
or  other  of  the  dramatis  penonae.  There  is  a  osi 
fill  treatise  on  this  subject  by  O.  A.  B.  Wdff  (c 
Camiicu  in  RomoMomm  FcimiiM  soeitabfr),  in  wkic 
the  author  haa  endeavoured  to  point  out  which  ai 
the  cantica  in  the  remaining  plays  of  Plaatoa  so 
Terence. 

The  first  imitator  of  the  dramatic  works  of  Litia 
Andnmicus  was  Cn.  Naevius,  a  native  of  Can 
pania.  He  composed  both  tragodiea  and  oaaaedka 
which  were  either  txanalatious  or  imitations  o 
those  of  Greek  writers.  In  comedy  his  modfl 
seem  to  have  been  the  writers  of  the  old  ooaiedr 
{Diet  <^ar.<md  Rom,  Biy,  amd  MydL  art.  A'oe 
enw.)  The  moat  distinguished  saoeesson  of  Nae 
vhis  werePlautua  (Ibid,  art  Plautus),  who  dii^dj 
imitated  Epicharmua,  and  Terence  (Ibid.  art.  Ts- 
RXNTius),  whose  materials  were  drawn  chirS) 
from  Menander,  Diphilus,  Philemon,  and  ApoIIo- 
dorns.  The  comedy  of  the  Romans  was  thnngb- 
out  but  an  imitation  of  that  of  the  Oreeka»  aad 
chiefly  of  the  new  comedy.  Where  the  chaacten 
were  ostensibly  Greek,  and  the  scene  Idd  in  Atba» 
or  some  other  Greek  town,  the  comedies  vm 
termed  palliatas.  All  the  comedies  of  Teieiioe  nd 
Plautus  bdong  to  this  dass.  When  the  itonr  and 
characten  vrere  Roman,  the  plays  wece  caUed 
ioffaiae.  But  the  fitbulae  togatae  were  in  fret  )itd: 
else  than  Greek  comedies  dothed  in  a  Latin  dnit. 
(As  Horace  says :  **  didtnr  Afram  toga  coDvaiiie 
Menandro.**  EpulMl,B7.)  They  took  thdrmae 
because  the  costume  was  the  toga.  The  togato^ 
were  divided  into  two  classes,  the  inbeatae  aal 
tabemariasj  according  as  the  subject  was  takes 
from  high  or  from  low  life  (Euanthina,  ^  Fah^l 
In  the  comediae  palliatae,  the  coatune  of  J^ 
ordinary  actors  was  the  Greek  pallion.  Tki 
plays  which  bore  the  name  of  pratiMiai»,  vcft 
not  so  much  tragedies  as  historicd  plays.  It  it  *> 
mistake  to  represent  them  aa  comediea.  Then 
was  a  species  of  tiagi-comedy,  named  from  the| 
poet  who  introduced  that  style  RUiUhimua.  A 
tragedy  the  argument  of  which  was  Greek  «M 
termed  crepidaiiK  The  mimes  are  aometinci 
classed  with  the  Latin  comedies.  (Hennann,  dij 
FabtUa  togata.  Opusc  vol  v.  p.254,&c.)  j^l 
specting  them,  the  reader  is  referred  to  tke  artieb 
MiMua.  The  mimes  differed  from  the  eomediri  m 
little  more  than  the  predominance  of  the  niaB 
representation  over  the  didogue,  which  w  ^ 
interspersed  in  various  parts  Si  the  reprewntatioo. 

Latin  comedies  had  no  choras,  any  moR  ^ 
the  dramas  of  the  new  comedy,  of  whiek  u<f 
were  for  the  most  part  imitationa  ^^^?t 
too,  they  were  introduced  by  a  prdo^fii^'l"^ 
answered  some  of  the  purposes  of  tiie  F*^'"*^ 
the  old  comedy,  so  fiur  as  bespeaking  the  good  i<|ij 
of  the  spectators,  and  defending  thf  poetie«>* 


COMOBblA. 

^^^^^l^  "*■***•  ^*  "^  eammuiiieated  wo 
Kacb  mfmatioatt  wu  necefary  to  imdefBtaiiil 
J"**!  •*  ^«  P^.  The  prologue  was  com- 
■Kmly  ^Kkm  bj  one  of  tile  plaTeEB,  or,  rerhapa, 
by  tlie  nnger  of  the  tntop.  OocasknaUjr  the 
*peate  of  xtiMBied  a  Mpante  maek  and  costame, 
^tie  •eeaiioB  (Pkut  Pom.  proL  126  ;  TerenL 
^'^^  o-  !)•  SwneiiiDee  the  prologfoe  it  spoken 
^  «Deof  thednmatttpenoiiae  (Plant.  ^ nip*.; 
J/a.  Cfar. ;  Mm.)t  or  by  nwae  luperoatunl  or 
P^5«aii«i  being,  m  the  Lir  fiuniliana  in  the  Au- 
;f*'*'«  of  PhatBi,  Aictoraa  in  the  BudenM^  Auxi- 
IriH  in  the  €Maria,Loxiira  and  Inopia  in  the 
TimBiBBiia.  (BadcD,  vm  dm  ProUtge  im  Rom. 
5**^  in  Jaia'fciinAiB.  1 1  p.  441,  &c. ;  Bekker, 

«^?w  PfanAwiL)  Tbe  iwt  of  the  piece  conaisted 
laaPinarfei  ayi,  iiL  p.489)  of  <in»r&Mm  and 
rtiBhii  nil.  Tiijg  jJYajjn^  hovever,  moat  not  be 
J«a  too  atzingentl J,  n  it  waa  not  cveiy  mono- 
ap»  vhi^  waa  aanfienk  The  compoaitaon  of 
*^«raM^  which  ii  ipoken  of  in  the  didaacaliae^ 
yg— »  to  have  had  nfisKDoe  to  theie  cantica. 
^^^cctiqgthe  naeof  DAiki,  aee  the  article  Pnn- 
*«N'^  When  they  mere  iint  introdneed,  ia  a 
ffP«tod  pomt  (WoUL  if  GntioM,  pi  22,  &c. ; 
Hofacher,  d»  Ptnmrm  Um  m  Imdit  aoen.  t^. 
Jj*-'  Stieve,(i«iUaoMMM  tp,  Rom.  Origme.) 
The  chaoctKi  iatrodaced  were  mnch  the  same 
**  ™  **il°*T  •"^J»  ^^  **»*»  cottnme  waa  not 
^^7  difawrt.  DooatDi  ghcs  the  foUowing  ao- 
owml  «f  it:  ^^cmids  lembu  candidna Testis  in- 
daotas,  ^ood  is  ntiqninanu  iuisse  memocatnr, 
dimlor  attribaitac.    Send  comici 


,.      «*^P»  etatepitor  panpertatis  antaqnae 

gatia^  f«l  qao  eipedltioree  agaot  •  Paiaaiti  cum 

atortia  pdliit  Tcniant   Laeto  Testitus  candidos, 

•^™>oao   obsoletaa,  panareaa    diviti,  panperi 

paQioaisdatoz.   MOiti  chlamys  purpurea,  puel- 

toeWMtois  peregrimis  mdndtnr,  leno  pallio  Tarii 

ooiians  atitar,ineietrici  obaTaritiam  lateum  datur."^ 

A  TOdranaui  to  be  laid  on  the  AteUanao 

ywoc    These  were  not  ofRoman,  but  of  Italian 

<g^m,n»d  were  not  introduced  among  the  Komans 

*^.*^  ^  *^  »to  wBtoct  with  the  Cam- 

•^"^  *2?  '**•*«*  their  name  from  the 

towaof  AteflainCampmia.    From  being  always 

"?P?~.";  ™  Oion  dialoct,  they  were  also 

i?^'^*^^*"-"-    Atfii.t,and 

aaMiyt  tlie  Uictttt^  they  appear  to  haTC  been 

nd£,  iBin^wtary  hntt,  without  dramatic  con- 

js^aa,  botftll  of  nillery  and  satire.     So  fitf 

*7yj^'**  w  esriier  scenic  entertainmento 

*rf  tbetteam  Bot  the  Oscan  fiuoes  had  not 

*^*^T?  ««wiLition  which  formed  a  chief 

Ijirt  of  tbe  htter,  and  those   who  took  port  in 

t4«i  pewjited  chaiaeten  representing  Tarious 

««»«  tteeontry  people,  like  the  Maachere  of 

SlJ^J*««Mi   These  had  r«guhir names; 

tfeere  wiiif«Bi«,a  lort  of  down  or  fool ;  J?m<j- 

~^^«bb!en;  Pappm  ;  Simu$  or  SfmiM, 

^!j  "^  ^^"^  origin  of  some  of  these 

MB"  wokl  Mem  to  mdicate  that  the  Greek 

•^MB  Italy  had  tmt  influence  in  the  deve- 

^^Jiaipedes  of  amusement    TheAtel- 

f™5"™  WW6  diitinguiahed  from  the  mimes 

^^•Jwce  of  low  buffoonezy.    They  were 

™J  Vitfined  humour.    (Cic  ad  Fam.  ix. 

r'lxjT  ™  '^  I)     They  were  commonly 

^»^atDfifeada.(Macrob.&iteni.iii.)    Re- 

^***!  » ««&,  ace  the  artida  Exodium. 


COMPITALIA.  847 

The  Oacu  dialect  was  pveserred,  ereai  when  they 
were  introduced  at  Rome.  (Stnbo,  t.  p.  36<>,a.) 
Though  at  first  impcoyisatoiy,  after  the  ngnlar 
drama  acquired  a  more  artiatic  chanctei^  the 
AteUaaae  came  to  be  writtsa.  Lucius  Pomponius 
of  Rononia  and  Q^  Norius  are  mentioned  aa  writers 
of  them.  Regular  histriones  were  not  allowed  to 
perform  in  them.  They  were  acted  by  free-born 
Romana,  who  were  not  subjected  to  any  ciril  de- 
gradation for  i^)pearing  in  them.  In  later  times, 
they  degenerated,  and  became  more  like  the  mimes, 
and  were  acted  by  hiatrioaes  ;  but  by  that  time 
they  had  fallen  into  considcnble  neglect.  (C  E. 
Schober,  uUr  die  AteUmem^  Lips.  1825  ;  Weyer, 
UUr  d.  AielL  Mannheim  1826  ;  Nenkiich,  ds  F^ 
UUa  togutxL,  ppu  20,  51,  dec.  ;  Wta^GemsLdor  Rom. 
JJttertMtur.)  [C.P.M.1 

COMPENSA'TIO  ia  defined  by  Modeatinus  to 
be  dMti  et  eredUi  mler  m  eomtrUmtio.  Compen- 
satio,  aa  the  etymology  of  the  word  shows  (pmd-o^ 
ia  the  act  of  making  things  equivalent  A  person 
who  was  sued,  might  answer  his  creditorls  demand, 
who  was  also  hia  debtor,  by  an  offer  of  compen* 
satio  (s»  paratut  ett  compenaan)  ;  which  in  diect 
was  an  offer  to  pay  the  difference,  if  anv,  which 
should  appear  on  taking  the  account  The  object 
of  the  eompensatio  was  to  prevent  unneccssaiy 
suits  and  payments,  by  ascertaining  to  which  party 
a  balance  waa  due.  Originally  eompensatio  only 
took  place  in  bonae  fidei  judiciis,  and  ez  eadem 
causa  ;  but  b^  a  rescript  of  M.  Aureliua  there  could 
be  eompensatio  in  stricti  jnria  judiciia,  and  ez  dia- 
pari  causa.  When  a  penon  made  a  demand  in 
right  of  another,  as  a  tutor  in  right  of  his  popillua, 
the  debtor  could  not  have  eompensatio  in  respect 
of  a  debt  due  to  him  from  tb»  tutor  on  his  own 
account  A  fidejussor  (surety)  who  was  called 
upon  to  pay  his  prindpal^  debt,  might  have  eoift- 
pensatio,  either  in  respect  of  a  debt  due  by  the 
claimant  to  himself  or  to  his  principal.  It  was  a 
role  of  Roman  law  that  there  could  be  no  eompen- 
satio where  the  demand  could  be  answered  b^  an 
ezceptio  peremptoria  ;  for  the  eompensatio  admitted 
the  demand,  subject  to  the  proper  deduction, 
whereas  the  object  of  the  ezceptio  was  to  stato 
something  in  bar  of  the  demand.  Set-off  in  Eng- 
lish hiw,  and  compensation  in  Scotch  law,  ootrfr- 
spond  to  eompensatio.  (Dig.  16.  tit  2  ;  Thibaut, 
Sydem^  die.  §  606,  9th  ed.  contains  the  chief 
rules  as  to  eompensatio.)  [O.  L.] 

COMPERENDINATIO.     [Judex,] 

COMPETI'TOR.    [Ambitus.] 

CO'MPITA.      [COMPITALIA.] 

COMPITA'LIA,  also  called  LUDI  COMPI- 
TALI'CII,  a  festival  celebmted  once  a  year  in 
honour  of  the  lares  oompitales,  to  whom  sacrifices 
were  offered  at  the  places  where  two  or  more  ways 
metr  (compifti,  Varro,  De  lAng.  Lot.  vi.  25,  ed. 
MUller  $  Festns,  t.  v.).  This  festival  is  said  by 
aome  writen  to  have  been  instituted  by  Tarquinius 
Priscus  in  consequence  of  the  mirade  attending  the 
birth  of  Servius  Tnllius,  who  waa  supposed  to  be 
the  son  of  a  hr  fruniliaria.  (Plin.  H.  N,  zzzvi 
70.)  Dionvsius  (iv.  14)  ascribes  its  origin  to 
Serviua  Tullius,  and  describes  the  festival  as  it  waa 
celebrated  in  his  time.  He  rehtes  that  the  sacri- 
fices consisted  of  honey-cakes  (wtfAoyoi),  which 
were  presented  by  the  inhabitants  of  each  house, 
and  tiiat  the  persona,  who  assisted  aa  ministering 
servanto  at  the  festival,  were  not  free-men,  but 
slavea,  because  the  larea  took  pleasure  in  the  aer* 


848 


CONCILIUM. 


vice  of  slaves :  he  further  adds  that  the  conipitalia 
were  celebrated  a  few  days  after  the  Saturnalia 
with  great  splendour,  and  that  the  slaves  on  this  oc< 
casion  had  full  liberty  given  them  to  do  what  they 
pleased.  We  further  learn  from  Macrobius  (Satum, 
L  7)  that  the  celebration  of  the  oompitalia  was 
restored  by  Tarquinius  Superbus,  who  sacrificed 
boys  to  Mania,  the  mother  of  the  hires  ;  but  this 
practice  was  changed  after  the  expulsion  of  the 
Tarquins,  and  garlic  and  poppies  oifered  in  their 
stead. 

The  persons,  who  presided  over  the  festival 
were  the  M(tffi$tri  vici,  who  were  on  that  occasion 
allowed  to  wear  the  praetexta  (Ascon.  ad  Cic.  m 
Pia,  p.  7,  ed.  Orelli).  Public  games  were  added 
at  some  time  daring  the  republican  period  to  this 
festival,  but  they  were  suppressed  by  command  of 
the  senate  in  b.  c.  68  ;  and  it  was  one  of  the 
charges  brought  forward  by  Cicero  against  L.  Piso 
that  he  allowed  them  to  be  celebrated  in  his  con- 
sulship, B.  c.  58  (Cic.  in  Pit.  4  ;  Ascon.  Lc)  But 
that  the  festival  itself  still  continued  to  be  observed, 
though  the  games  were  abolished,  is  evident  from 
Cicero  (ad  AtL  iil  3).  During  the  civil  wars  the 
festival  fell  into  disuse,  and  was  accordingly  re- 
stored by  the  emperor  Augustus.  (Suet.  Aug,  31  ; 
comp.  Ov.  Fcut,  V.  128 — 148.)  As  Augustus  was 
now  the  pater  patriae^  the  worship  of  the  old  lares 
was  discontinued,  and  the  lares  of  the  emperor 
consequently  became  the  lares  of  the  state.  Hence, 
the  Scholiast  on  Horace  {ad  SaL  ii.  3.  281),  tells 
us  that  Augustus  set  up  lares  or  penates  at  places 
where  two  or  more  ways  met,  and  instituted  for 
the  puipoee  of  attending  to  their  worship  an  order 
of  priests,  who  were  taken  from  the  Libertini,  and 
were  called  Augustalsi,  These  Aunistales  are  en- 
tirely different  from  the  Augustales,  who  were 
appointed  to  attend  to  the  worship  of  Augustus  after 
his  decease,  as  has  been  well  shown  by  A.  W. 
Zumpt  in  his  essay  on  the  subject  (De  Angus- 
ialihu^  &C.,  BeroL  1846.)     [Auoustalks.] 

The  compitalia  belonged  to  the  feriae  coneep- 
tivae,  that  is,  festivals  which  were  celebrated  on 
days  appointed  annually  by  the  magistrates  or 
priests.  The  exact  day  on  which  this  festival  was 
celebrated,  appears  to  have  varied,  though  it  was 
always  in  the  winter.  Dionysius  relates  (iv.  14), 
as  we  have  already  said,  that  it  was  celebrated  a 
few  days  after  the  Saturnalia,  and  Cicero  (m  Pison, 
4)  that  it  fell  on  the  Kalends  of  January  ;  but  in 
one  of  his  letters  to  Atticus  (vii.  7)  he  speaks  of  it 
as  falling  on  the  fourth  before  the  nones  of  January. 
The  exact  words,  with  which  the  festival  was  an- 
nounced, are  preserved  by  Macrobius  {Salunu  i.  4) 
and  Aulus  Oellius  (x.  24). 

COMPLU'VIUM.    [DoMUS.] 

COMPROMISSUM.  [Judex  ;  Recepta 
Actio.] 

COMUS  (K&fJMs),     [CHORUfi ;  Comobdia.] 

CONCHA  (ierf7x^),aGreek  and  Roman  liquid 
measure,  of  which  there  were  two  sizes.  The 
smaller  was  half  the  q^ut  (='0412  of  a  pint 
English)  ;  the  laiver,  which  was  the  same  as  the 
ojspmphum^  was  three  times  the  former  (=:'1238 
of  a  pint).  (Hussey,  pp.  207,  209  ;  Wurm,  p. 
129.)  [P.S.] 

CONCILIA'BULUM.    [Colonia,  p.318,a.] 

CONCILIA'RII.    [Assessor.] 

CONCI'LIUM  generally  has  the  same  meaning 
«8  eonvatius  or  wnvenHo,  but  the  technical  import 
of  concilium  in  the  Roman  constitution  w:is  an 


CONCIO. 

assembly  of  a  jM>rfuMi  of  the  people  (GdL  xr.  27)| 
as  distmct  from  the  general  assemblies  or  comitia 
(Fest  p.  50  ;  Cic.  De  Leg.  iL  1,  p.  Red,  us  Snt.  5.j 
Accordingly,  as  the  comitia  tribata  emliraoed  onl^ 
a  portion  of  the  Roman  people,  viz.  the  plebeians^ 
these  comitia  are  often  designated  by  the  term 
concilia  plebie,  (lav.  viL  5,  xxviii.  53,  xzxix^ 
15.)  Upon  the  same  principle,  it  mi^ht  be  snpn 
posed  that  the  comitia  cnriata  mi^ht  be  calM 
concilia,  and  Niebuhr  {HiaL  f^  RamSy  i.  p.  425^ 
believes  that  the  concilia  popiiil  which  are  mec^ 
tioned  now  and  then,  actiuiUy  were  the  comitia 
curiata  ;  but  there  is  no  evidence  of  thooe  patridani 
assemblies,  which  in  the  eariy  timea  certainlj 
never  looked  upon  themselves  as  a  m^ne  psut  tA 
the  nation,  having  ever  been  called  by  that  name. 
In  fact,  all  the  passages  in  which  concilia  popoli 
occur,  clearly  show  that  none  other  bat  the  ooiiiitja 
tributa  are  meant  (Liv.  L  36,  iL  7,60,  iiL  13, 15, 
64,  71,  XXX.  24,  xxxviiL  53,  xxxix.  15,  zliiL  16, 
Cic  in  Vat,  7.)  As  concilium,  howerer,  has  the 
meaning  of  an  assembly  in  general,  we  cannot 
wonder  that  sometimes  it  is  used  in  a  looae  war  to 
designate  the  comitia  of  the  centnries  (LJt.  iL  28) 
or  any  concia  (Liv.  iL  7, 28,  v.  43  ;  OelL  xviiL  7  ; 
comp.  Becker,  Hainib,  der  Rom.  AUerth,  vol.  iL 
part  L  p.  359,  note  69a) 

We  must  here  notice  a  peculiar  sense  in  which 
concilium  is  used  by  Latin  writers  to  denote  the 
assemblies  or  meetinss  of  confederate  towns  or 
nations,  at  which  eimer  their  depnties  alone  or 
any  of  the  citisens  met  who  had  time  and  in- 
clination, and  thus  fonned  a  repreaentative  as- 
sembly. (Liv.  L  50.)  Such  an  assembly  or  diet 
is  commonly  designated  as  eommuite  comeilhan  or 
rh  Koiw6v^  e.  g.  AdioBormny  Aetohrmm,  Boeotormm^ 
Afacedoniae,  and  the  like.  (Liv.  xrxri.  31, 
xxzviii.  34,  xliL  43,  xlv.  18  ;  OelLiL  6.)  Of  the 
same  kind  were  the  diets  of  the  LaUna  in  the 
grove  of  Ferentina  (Liv.  L  51,  vi.  33,  viL  25, 
viiL  3),  the  meetings  of  the  Etroscana  near  the 
temple  of  Voltumna  (Liv.  iv.  23^  25,  61,  t.  17, 
vL  2),  of  the  Hernicans  in  the  circus  of  Anagnia 
(ix.  42),  of  the  Aequians  and  Samnitea  (iiL  2,  ir. 
25,  X.  12).  [L.  &] 

CO'NCIO  or  CO'NTIO,  a  contraction  for  am- 
M»/ib,  that  is,  a  meeting,  or  a  ocmwatec.     (Festoa, 
p.  66,  ed.  Miiller.)     In  the  technical  senae,  how- 
ever, a  concio  was  an  assembly  of  the  people  at 
Rome  convened  by  a  magistrate  for  the  purpose  of 
making  the  people  acquainted  with  meaanrea  which 
were  to  be  brought  before  the  next  comitia,  and  of 
working  upon  them  either  to  support  or  oppose  the 
measure.     But  no  question  of  any  kind  could  be 
decided  by  a  concio,  and  this  constitutes  the  differ- 
ence between  conciones  and  comitia.   (OelL  xiii. 
14  ;  Cic.  p.  Seaet,  50,  53  ;  Liv.  xxxix.  15.)     Still 
conciones  were  also  convened  for  other  purposes, 
e,g.  of  persuading  the  people  to  take  part  in  a 
war  (Dionys.  vL  28),  or  of  brinffing  complaints 
against  a  party  in  the  republia     uHodjb,  ix.  25  ; 
Plut.  C.  Oraeeh.  3.)  Meetings  of  this  kind  naturally 
were  of  very  frequent  oocunenoe  at  Rome.     The 
earliest  that  is  mentioned,  is  one  held  immediately 
after  the  death  of  Romulus  by  Julius  Procolos  in 
the  Campus  Martins  (Liv.  L  16  ;  Pint  Rom.  27)  ; 
the  first,  after  the  expulsion  of  the  kings,  was  hdd 
by  Brutus.  (Liv.  ii.  2  ;  Dionys.  v.  10,  Ac.)   Eveiy 
magistrate  had  the  right  to  convene  condanea,  but 
it  was  most  frequently  exercised  by  the  consuls 
and  tribunes,  and  the  latter  move  especially  ei;- 


CONCUBINA. 

CrM  ft  gmt  infinence  over  the  people  in  and 
tboo^  tlKse  concione^  A  nugittnte  who  wbi 
l^her  in  nsk  than  the  one  who  had  conyened  a 
eoado,  lad  the  light  to  order  the  people  to  dia- 
jmCi  if  he  diMpprored  of  the  object  (aeoenrc, 
QflL  xiiL  14)  ;  and  soch  a  command  and  the  rehe- 
Dsem  of  the  harangning  ttibanes  rendered  con- 
doaet  often  tot  tamnltnooa  and  liotooa,  espeeiallj 
diciag  the  latter  period  of  the  repnblic.  The 
eeaTouof  iiiHgitliatr  either  addrened  the  people 
hiaieif^  cr  he  introduced  other  perBona  to  whom 
Ik  pn  peimiMion  to  apeak,  for  no  prtTate  penon 
«»  alknred  to  ^^^^  without  thia  permiaaion,  and 
tW  people  had  nothing  to  do  bnt  to  listen.  (Dionya. 
T.  11 ;  Lit.  iiL  71,  zlii.  34  ;  Cic.  a<<  AU.  ir.  2.) 
The  place  where  anch  meetings  were  held,  does 
&3t  ie«m  to  hare  been  fixed,  for  we  find  them  in 
ibe  fomn,  the  Capitol,  the  Campos  Martins,  and 
the  Cotat  Flaminina.  <Cic  p.  Sexi.  U^ad  Jit.  I 
I.)  It  ihoDld  be  remarked,  that  the  term  concio 
a  also  ued  to  designate  the  speeches  and  harangues 
addresKd  to  the  people  in  an  assembly  (Lir.  xxiy. 
e2,ixTiL  13  ;  Cic  m  VaL  1),  and  that  in  a  loose 
Bode  of  speaking,  concio  denotes  anj  assembly 
ftf  tbe  people.  (Cic.  p,  Fhec  7  ;  comp.  the 
Leiiea.)  [L.g.] 

CON'CUBI'NA    (waXXoK^    -wakXaKis).       1. 

fitns.— The  vaXAaic^,  or  voXXoaff,  ocoqried  at 

Athens  a  kind  of  middle  rank  between  the  wifo 

lod  the  haziot  {irtdpa).     The  distinction  between 

ikt  kdips,  nXXeaeii,  and  legal  wife,  ia  accniately 

described  by  Demoathenea  (&  Neaer,  p.  1386),  rdtr 

ttbr  7^  inipaa  48orJ)s  Ircx*  ^X^P^'^"'  "^^  ^  "^ 

Aoi^,  rip  aalf  ^If^^poBi'  ^^sfMnrs (of  rev  c^ixarot : 

TV  K  TVMUKos,  Tov  wcuSovoicitf^oi  yTTiffUn  Jcol 

Tw  bior  ^fyutucu  wurrifw  ifx*"^-    Thns  Antiphon 

tpeaki  of  the  vaAAoJc^  of  Philoneos  as  foUowinff 

lua  to  the  ssoifice,  aod  alao  waiting  npon  him  and 

iusfrntattsUe.    (Antiph.^<a&<20  Fai^  pp.  613, 

6U ;  conq».  Becker,  CkariMet^  toL  ii  p.  438.)    If 

Her  penoB  were  Tiolated  by  force,  the  same  penalty 

«u  exigibfe  fnm  the  rartther  as  if  the  offence  had 

bees  ooniutted  upon  an  Attic  matron ;  and  a  man 

istpned  by  the  qoaai-hnabaad  in  the  act  of  crimi- 

Bai  iBicRoiDsewith  hia  woXXoat^  might  be  dain 

by  bin  QQ  the  spot,  as  in  the  panllel  case  (Lys. 

De  Omie  Erabutk -^  9S).    [Adultkrium.]     It 

^  not,  bewerer,  appear  'veiy  clearly  from  what 

V^Blaai  dsases  eoocnbines  were  chieiSy  selected, 

a  cobsbflirtion  with  a  foreign  ({^)  woman  was 

■tnetir  fbriridden  by  law  (Demosth.  e.  Neaer.  p. 

lS5Q),sod  the  nroyisions  made  by  the  state  for 

^inpn  of  Attic  noniliea  must  in  most  cases  have 

P"n^Bited  their  sinking  to  this  condition.     Some- 

tima  oertsinly,  where  there  were  seyenl  destitate 

fcnde  oiphsns,  this  might  take  place,  as  the  next 

of  kin  vn  not  obliged  to  provide  for  more  than 

<a£;  sDd  va  may  alao  conceive  the  same  to  have 

^ffifbee  with  reipect  to  ihe  danghters  of  fiimi- 

^  H  pov  ss  to  be  nnable  to  supply  a  dowry. 

(I>fl»»tk  e,  Nmer.  p.  1 384 ;  Pfant  TWmimattts,  iii. 

^  S1L)  Tbe  dowry,  in  foct,  seems  to  have  been  a 

^ve  criterion  as  to  whether  the  connection  be- 

tvecB  a  male  and  female  Athenian,  in  a  state  of 

(oba)Hta&n,amoDnted  to  a  marriage :  if  no  dowry 

^  been  giTcn,  the  child  of  such  imion  wonld  be 

ill^itiiBite ;  i^  on  the  contrary,  a  dowry  had 

^  g^nn,  or  a  proper  instmment  ezecnted  ni 

*cboviedgnent  i^  its  receipt,  the  female  was 

%eDtitIed  to  all  conjnsal  righta.     (Petit  Leg. 

itt.p.648,aBd  flBthora  Siere  quoted.)    It  does 


CONFARREATIO. 


849 


not  appear  that  the  shve-  that  waa  taken  to  her 
master^  bed  acquired  any  political  rights  in  conse- 
quence; the  concubine  mentioned  by  Antiphon  is 
treated  as  a  skve  by  her  master,  and  after  his 
death  imdergoes  a  serrile  punishment  {Id.  p^  615). 
[Hktaiiia.]  [J.  &  M.] 

2.  Roman.  According  to  an  old  definition,  an 
immazried  woman  who  cohabited  with  a  man  waa 
originally  called  pellez,  but  afterwards  by  the  more 
decent  appellation  of  concubina.  (Massnrius,  €tp. 
PamL  Dig.  50.  tit.  16.  a  144.)  This  remark  haa 
i4)parently  reference  to  the  Lex  Julia  et  Papia 
Poppaea,  by  which  the  concnbinatns  received  a 
legal  character.  This  legal  concubinatus  consisted 
in  the  permanent  cohabitation  of  an  immarried  man 
with  an  immarried  woman.  It  therefore  differed 
from  adttlterium,  stnprum,  and  incestna,  which  were 
legal  offences  ;  and  from  contnbemium,  which  was 
the  cohabitation  of  a  free  man  with  a  slave,  or  the 
cohabitation  of  a  male  and  female  shive,  between 
whom  there  could  be  no  Roman  marriage.  Before 
the  passing  of  the  Ltx.  Jul.  et  P.  P.,  the  name  of 
concubina  would  have  applied  to  a  woman  who 
cohabited  with  a  married  man,  who  had  not  divorced 
his  first  wife  (Cic  De  Orat.  I  40)  ;  but  this  waa 
not  the  state  of  legal  concubinage  which  was  after, 
warda  established.  The  ofiisnce  of  stupram  waa 
avoided  in  the  case  of  the  cohabitation  of  a  free 
man  and  an  ingenua  by  this  permissive  concubinage ; 
but  it  would  seem  to  be  a  necessary  inference  that 
there  should  be  some  formal  declaration  of  the  in- 
tention of  the  parties,  m  order  diat  there  might  be 
no  stupram.  (Dig.  48.  tit  5.  a  34.)  Hemeccraa 
{SyKtag,  Ap.  lib.  i  39)  denies  that  an  mgenna 
could  be  a  concubina,  and  asserts  that  those  only 
could  be  concubinae  who  could  not  be  uzores  ;  but 
this  appears  to  be  a  mistake  (Dig.  25.  tit  7.  a  8), 
or  perhaps  it  may  be  said  that  there  was  a  legal 
doubt  on  this  subject  (Id.  a  1);  Anrelian  prohibited 
the  taking  of  ingenuae  as  concubinae.  (Vopiscus, 
Amrdian.  49.)  A  constitntion  of  Constantino 
(Cod.  T.  tit  27.  a  5)  treats  of  ingenuae  concubinae. 

This  concubinage  was  not  a  marriage,  nor  were 
the  children  of  such  marriage,  who  were  sometimes 
called  liberi  natumles,  in  the  power  of  their  fotheT, 
and  consequently  the^  followed  the  condition  of 
the  mother.  There  is  an  inscription  in  Fabretti 
(p.  337)  to  the  memory  ci  Faullianus  by  Aemilia 
Prima  ''concubina  ejus  et  heres,**  which  seems  to 
show  that  tbe  term  concubina  was  not  a  name  that 
a  woman  was  ashamed  ot  Under  the  Christian 
emperors  concubinage  was  not  favoured,  but  it 
still  existed,  as  we  see  from  the  l^gishttion  of  Jus- 
tinian. 

This  legal  concubinage  resembled  the  morganatic 
marriage  {ad  rniorganaticam\  in  which  neither  the 
wife  enjoYB  the  rank  of  the  husband,  nor  tbe 
children  the  righta  of  children  by  a  legal  marriage. 
{LA.  Fetid,  ii.  29.)  Among  the  Romans,  widowers 
who  had  already  children,  and  did  not  wish  to 
contract  another  legal  marriage,  took  a  concubina, 
as  we  see  in  the  case  of  Vespasian  (Suet  Vetp.  3), 
Antoninus  Pius,  and  M.  Aureliua  ( Jid.  Cap.  Vit. 
Ant  c.  8  ;  AureL  c  29  ;  Dig.  25.  tit  7  ;  Cod.  v. 
tit  26  ;  Panlus,  Keeept.  SetOeiiL  ii  tit  19,  20  ; 
Nov.l8,c5;  89.C12.)  [G.L.] 

CONDEMN ATIO.    [Actio  ;  Junax.] 

CONDI'CTIO.    [Actio.] 

CONDITO'RIUM.     [Funub.] 

CONDU'CTIO.     [LocATic] 

CONPARREA'TIO.    [Matrimonium.] 


550  CONFUSIO. 

CONFESSO'RIA  ACTIO.  If  a  man  has  a 
semtiu  [Sir VITUS],  and  the  ezerciBe  of  hU  right 
is  impeded  by  any  person,  he  can  maintain  it  by 
an  actio  in  rem,  which  is  a  serritutis  vindicatio. 
Accordingly,  when  a  man  claims  a  jus  utendi, 
fniendi,  eundi,  agendi,  &c.,  the  actio  is  called  con- 
fessoria  de  usufructo,  &c.  If  the  owner  of  a  thing 
was  interntpted  in  his  exclusive  enjojrment  of  it  by 
a  person  claiming  or  attempting  to  exercise  a  servitus 
in  it,  his  claim  or  ground  of  action  was  negative, 
''jus  illi  non  esse  ire,  agere,^  &c,  whence  the  action 
was  called  negativa  or  negatoria  in  rem  actia 

The  confessoria  actio  and  the  negativa,  which 
was  founded  on  a  negative  servitus,  are  discussed 
under  Sbbvitus. 

In  the  negatoria  in  rem,  which  must  be  dis- 
tinguished firran  the  negative  actio  founded  on  a 
negative  servitus,  the  plaintiff  claimed  restitution  of 
the  thing,  as,  for  instance,  when  the  defendant  had 
usurped  the  usus  fructus ;  or  removal  of  the  cause  of 
complaint ;  also  damagesfor  injury  done,  and  security 
(cautio)  against  future  acts  of  the  like  kind.  (Oaius, 
iv.  3  ;  Dig.  8.  tit  5  ;  Brissonius,  De  Formulis; 
Puchta,  CWrstM,  &c.  vol  11  pp.  563, 771.)    [O.  L.] 

CONFU'SIO  properly  signifies  the  mixing  of 
liquids,  or  the  fusing  of  metals  into  one  mass.  If 
things  of  the  same  or  of  different  kind  were  con- 
fused, either  by  the  consent  of  both  owners  or  by 
accident,  the  compound  was  the  property  of  both. 
If  the  oonfusio  was  caused  by  one,  without  the 
consent  of  the  other,  the  compound  was  only  joint 
property  in  case  the  things  were  of  the  same  lund : 
but  if  the  things  were  different,  so  that  the  com- 
pound was  a  new  thing,  this  was  a  case  of  what, 
by  modem  writers,  is  called  specification,  which 
the  Roman  writers  expressed  by  the  term  novam 
speciem  fiicere,  as  if  a  man  made  mnlsum  out  of 
his  own  wine  and  his  neighbour's  honey.  In  such 
a  case  the  person  who  caused  the  coufusio  became 
the  owner  of  the  compound,  but  he  was  bound  to 
make  good  to  the  other  the  value  of  his  property. 

Coromixtio  is  used  by  modem  writers  to  signify 
the  mixture  of  solid  things  which  belonged  to  dif- 
ferent owners ;  but  Commixtio  and  Confusio  are 
used  by  the  Iloman  writers  to  express  the  union 
of  things  either  solid  or  fluid  (Dig.  41.  tit  1.  s.  7. 
§  8  ;  6.  tit  1.  s.  S.  §  2.  s.  5.).  Still,  Commixtio  is 
most  ^nerally  applied  to  mixture  of  solids.  If 
the  mixture  takes  place  with  mutual  consent,  the 
compound  is  common  property  ;  if  by  chance,  or 
by  the  act  of  one,  each  retains  his  former  property, 
and  may  separate  it  firom  the  mass.  If  separation 
is  impossible,  as  if  two  heaps  of  com  are  mixed, 
each  owner  is  entitled  to  a  part,  according  to  the 
proportion  of  his  separate  property  to  the  whole 
mass.  It  is  a  case  of  commixtio  when  a  man's 
money  is  paid,  without  his  knowledge  and  consent, 
and  the  money,  when  paid,  is  so  mixed  with  other 
money  of  the  receiver  uiat  it  cannot  be  recognised; 
otherwise,  it  remains  the  property  of  the  person  to 
whom  it  belonged.     (Dig.  46.  tit  3.  s.  78.) 

Specification  (which  is  not  a  Roman  word)  took 
place  when:  a  man  made  a  new  thing  (nova  species) 
either  out  of  his  own  and  his  neighbour's  material, 
or  out  of  his  neighbour's  only.  In  the  former  case 
such  man  acquired  the  ownership  of  the  thing.  In 
the  latter  case,  if  the  thing  could  be  brought  back 
to  the  rough  material  (which  is  obviously  possible 
in  very  few  cases),  it  still  belonged  to  the  original 
owner,  but  the  specificator  had  a  right  to  retain 
the  thing  till  he  was  paid  the  value  of  his  labour. 


CONOTARIUM, 

if  he  had  JLtt^^d  botm  fide  If  the  new  apeeiii 
coiild  not  he  brought  back  to  its  origijiii.t  fbrm,  ifti 
specifics  I  or  in  bU  cases  became  the  owner,  if  hi 
designed  to  make  the  new  thing  for  bini»clf  ;  If  h« 
had  acrurd  hatia.  fide  he  vaa  liable  to  the  own^r  li 
the  stuA  for  iLs  vnlue  only  ^  if  mnlA  fide,  |l«  <Klt 
liable  as  a  thief.  The  caAos  piit  by  OiiifiA  <iL  2BI 
are  thoai^  of  n.  mun  mnking  wine  af  anotlicr  i 
grapea,  oil  of  hia  o!i?es,  o  Bbip  cjt  bench  <if  i 
timber,  and  «o  on,  Bo^e  jurists  (^Sabu 
Cassiui)  werL.'  of  opinion  that  the  < 
the  tbini^  w<u  not  chimgcd  by  such  la-ls 
bestowed  oti  it ;  tha  oppositeBchDo]  we 
nion  that  the  new  iking  belonged  to  him 
bestowed  hii  labour  on  it,  but  thi^y  admitiad  ( 
the  original  owner  had  a  legal  remedy  fiMT 
value  of  iii8  property* 

Two  tilings,  thf!  prapeitT  of  two  perv^kiw^ 
become  so  united  as  not  to  1>e  sepomlrle  witJ 
injury  tfi  one  or  both  ;  in  this  luijsc  the  vwncr  td 
the  priiK  ipal  thinp  became  the  owtier  <rf  tlie  ( 
sory.  I'hug,  in  the  caie  of  a  man  biiildlii||r  on 
other  maif  a  gmund^  the  buiMing  bitlo^n^ed  fa 
owner  of  the  ground  (superficips  »oJq  eedtl)  ;  or| 
the  case  of  a  tree  plmitpd,  ar  fteed  sown  tm  mam' 
man^s  groutid,  the  rule  wu  the  sanae,  wben 
tree  or  soed  had  taken  root  If  a  tnan  wr<Jte,  e 
in  lettein  of  g^id,  m  another  man's  fnrcfameiit 
paper,  the  whole  bt-iongtid  la  ihe  owner  of  the 
parchment  or  paper  ;  in  the  cose  of  m.  pklam 
painted  od  another  man*8  cariTiiu,  the 
came  the  property  of  the  owner  of  ^ 
(GaiuA,  iu  r:i,  &e,)  Jf  a  piece  of  land  ^ 
away  hy  a  stream  (ai-ulsio)  from  o« 
and  attached  to  another^t  land,  it  because  i 
perty  of  the  latter  when  it  was  firmly  i 
It  ThiH  is  a  different  case  fmm  that  of  ALLtrVMx 
But  in  all  thrae  cases  the  keing  party  wa«  cntitlmi, 
to  compinHalian^  with  some  exceptions  oa  lo  tmiri 
of  mala  fides. 

Confusio  occun  in  the  caw?  of  nji^hts  ■JBCl^  If 
the  right  and  the  duty  of  an  oblig^tin  b«rvim 
united  In  one  person,  there  ia  a  confiuio  by  trydi 
theoblig^uio  i^i  cjctin^fuuhed  (Dig.  46.  tit  &.  m*  7ijk 
If  he  wl^o  hoa  pledged  a  thing  becomes  the  ben* 
of  the  pledger,  the  nghta  and  dutJefi  of  two  petsoM 
are  united  (confundnntur)  in  one.  If  a  man  wlbi 
has  a  praedial  servitua  in  another  m^ui'^  land,  ht*- 
comes  the  owTicr  of  the  serfient  laud,  the  serrifiii 
ceases:  servLtutcj;  ptfiedionim  confundonttrr,  m 
idem  ntriusi^ne  pTaedii  doniinui  esse  coepeiriL 
(Dig.  8.  tit  t).  i  1.) 

The  j:ule»  of  Roman  law  on  thts  nrbjeet  ttm 
stated  hx  Brink  man,  InrtU.  J«r.  Itom,  |  398^  A^i 
Mackeldiy^  LehrfMtck,  &e,  §§  246,  251,  &c  Ithh 
ed.  ;  Infit  2.  tit  I  ^  Gaiuj,  ii.  70,  RosaMrt,  Grmm^~ 
Umm^  &t:,  g  62.  [O,  L.J 

CONfilA'RlOM  {sciL  ecu,  &om  mt^/im^  a 
▼essel  containing  a  am^tinj,  [CoNOtus.] 

In  the  early  tir  m  of  the  Roman  t«|fiibl>er  the 
eongiMt  waa  the  usual  me^ssure  of  oU  or  wine  whicb 
was,  on  e«rtaiii  occa^iioni,  distrihniid  among  ibe 
people  (Li v.  xjlt.  2)  ;  and  thus  ceugiarmmL^  tm 
Quintiliiin  (vi.  3,  §  52)  Bars,  became  a  name  hr 
liberal  domitioTit  to  tbe  people,  m  geiieraJ^  whether 
consistint,'  of  oU,  wine,  com,  or  money^  or  otEct 
things  (Plin.  ILN.  3tiv.  14,  17,iiii  7,  41  j  SmI 
Aug,  4U  Tih.  20,  Nfr.  7  ;  Plin.  Pmt^.HB  ;  Tftcit 
Ann.  %\\.  4l,  iiii.  31  j  Lit,  xxxrii*  &1\  whil* 
donations  made  to  the  soldicra  were  caJled  < 
though  they  were  foaietimei  ftkp  tonned  i 


CONSTITUTIONESw 

(Qcad  AiLxvL  8  ;  Cart  ti.  2).  Omgianmm 
WM,  manouTy  oeeasioaBll j  iwed  limpl j  to  dedg- 
Mte  a  jnMBt  or  a  pension  given  by  A  pcnon  of  high 
oak,  or  a  priiioe,to  his  friends  ;  and  Fahiiit  Mazi- 
K3fl  called  the  preaents  which  AvgnaCna  made  to 
bis  frittda,  on  aoeooDt  of  Uieir  imal&M,  AoRMoriia, 
isftead  of  DMywriri,  beeauae  AoMuia  waa  only  the 
tveliUi  port  of  a  tfoa^nML  (QmntiL  iL  e: ;  compaie 
Ck.«rf  /(««  viii.  1  ;  Seneea,  De  BreviL  VU^  De 
&i.iLI6;Swt.r<9.ia,CbM.27.)     [L.S.] 

CCNGIUS,  a  Roman  liquid  meaaore,  which 
coataiaed  fix  aeztani  (Rhem.  Fann.  t.  7*2),  or  the 
e^Ui  part  of  the  amphoia,  that  it,  not  quite  aix 
pao.  It  was  equal  to  the  larger  chooa  of  the 
UreckL    [Chous.] 

Thcie  ii  a  eoDgina  in  exiatence,  called  the  con* 
gios  of  Veapaaian,  or  the  FVuneee  oongina,  bearing 
aa  jaogiptina,  wldch  atatea  that  it  waa  made  in 
tliie  jear  75  A.  D^  according  to  the  atandard  mea- 
nre  k  the  capitoI,  and  that  it  oontained,  by 
voght,  ten  pomida.  (/»p.  Caea.  vi  7*.  Cfaaa.  Avg, 
F.  mi  Gm.  Afaunroa  ewaaiae  m  CapHoUo,  P.  x. ; 
KeaI»FabM,a.«.i>taUMoPoii^ora.)  Thiacongina 
■  saeof  the  means  by  which  the  attempt  haa  been 
Bade  to  fix  the  weight  of  the  Beman  pound. 
[Lnti.] 

Csto  teOa  aa  thai  be  waa  wont  to  give  each  of 
in  iaxvk  a  eoagina  of  wine  at  the  Satomalia  and 
Conpitalia.  <Z>e /t /£.  c.  57.)  Pliny  rdatea,  among 
sthcf  exaapiea  of  hard  drinking  {H.  N.  xiy.  22. 
i.28\th>t  MoieUioa  Torqnatoa  Mediolanenaia  ob> 
tained  a  cqgaoBMn  (iCrieoMiiaa,  a  ninO'bottle-man) 
bj  diiakiqg  dbree  eamgii  Jwiae  at  odc& 

A  oongiaa  ii  reprnented  in  Fabretti  (Inaeripi, 
P^M«).  [P.&] 

CONNU'BIUM.  [MATRiMONmM.] 
CONOPE'UM  (jcMMnrcMT),  a  gxnt  or  mna- 
qsiUKarlain,  i  a.  a  eorering  made  to  be  expanded 
mr  bcdf  and  ooncbea  to  keep  away  gnata  and 
other  tyiag  moecta,  ao  caDed  tvm  iC(6M4»  a  gnat 
The  gnat«artaiDa  mentioned  by  Horace  {£!potL 
iz.  16)  voenrobaUy  of  Unen,  but  of  the  textore 
of  pmt.  The  nae  of  them  ia  still  eommon  in 
Inly,  Oreeee,  and  other  ooontriea  annronndinff  the 
Hcditenaaeaa.  Comapemm  ia  the  ocigin  o?  the 
iaijuk  wd  esMyy.  (See  JmiHk,  z.  21,  xiii  8, 
rri  19;  Jar.  TL  80  ;  Van.  De  Re  JhuL  ii.  10. 
!«.)  [J.Y.] 

CONQUISIT(yRES,  penons  eBq>lqyed  to  go 
iboflt  the  eoontiy  and  impieas  loldien,  when  th«e 
VII  a  difficolty  in  completing  a  levy.  (liy.  xxi. 
U  ;  Cicpro  jlft^  25  ;  Hirt,  B.  Aiaat.  2.)  Some- 
tiott  oonaueaanen  were  appointed  by  a  decree  of 
tk  Mate  for  ihit  pupoae  of  making  a  eonquiaitio. 
(Uf.xxr.5.)  [B.W.] 

CONSANOUI'NKL    [Coohatl] 
CONSCRIPTI.    [SaNATua] 
C0NS£CRA'TIO.       [Afothkosu  ;    Inau- 

CONSENSUS      [OBLMATIONBa.] 

CONSIUA'RIL    [COHVBIITU8.J 

COKSVLIUM.    [CoNvaifTUS.] 

CONCTITUTA  PBCU'NIA.    [Pbcunia.] 

C0NSTITUTIO'N£&    «« Conatitntio  prind- 

fHi''  ays  Gaioa  (1 5),  **  ia  that  which  the  im- 

pBfitor  km  copetituted  by  deeretom,  edictnm,  or 

cfiitoia ;  Bflr  haa  it  erer  been  doubted  that  aach 

nutitatio  haa  the  foroe  of  kw,  mssmnch  as  by 

^v  tbe  ioipenlor  receivea  the  imperimn.**  Hence 

^  lawi  veie  often  eaOed  ponieipalea  conatita- 

^«tL  ThewofdcgnstitatieM  wed  in  the  Digest 


CONSUALIA. 


B51 


(4.  tit  2.  a.  9.  i  8)  to  ngnify  aa  inteiloaitoiy  of 
the  praetor. 

An  imperial  conatitatio  in  ita  wideat  aenae  might 
mean  erosrthing  by  which  the  head  of  the  atate 
dedared  hia  pleaanie,  either  ia  a  matter  of  Iqp^ 
lation,  adminiatntion,  or  joriadictioii.  A  decretam 
waa  a  judgment  in  a  matter  in  diapute  between 
two  partiea  which  came  before  him,  either  in  the 
way  of  appeal  or  in  the  6nt  inatance.  Edi^a,  ao 
called  from  their  analogy  to  the  old  edict  (Oaiaa, 
L  93X  edictalea  legea,  generalca  leges,  legea  per- 
petoae,  ftc  were  lawa  binding  on  all  the  emperor^ 
aabjeetiL  Under  the  general  head  of  reacripta 
(Oaina,  i  72,  7S,  &c)  were  contained  epiatolae, 
aubacriptionea,  and  annotationea  (Oaius,  L  94,  96, 
104),  which  were  the  anawen  of  the  emperor  to 
thoae  who  cooaolted  him  either  aa  public  fonction* 
ariea  or  indiyidaala.  (Plin.  H^.  z.  2.)  The  epis- 
tola,  aa  the  name  impliea,  waa  in  the  form  of  a 
letter :  anbicriptioDea  and  annotationea  wcve  abort 
anawen  to  queationa  propounded  to  the  emperor, 
and  written  at  the  foot  or  margin  of  the  p^wr 
which  eontamed  the  queationa.  In  the  time  «f 
Tiberina,  the  word  reacriptum  had  hardly  obtained 
the  legal  signification  of  the  time  of  Gaius.  (Tacit 
Atm.  yL  9.)  It  is  erident  that  decreta  and  re- 
acripta could  not  from  their  nature  have  the  force 
of  leges  genendea,  but  inaamuch  aa  theae  determi- 
natioDs  in  particular  caaea  might  be  of  general 
application,  they  might  gradually  obtain  the  fores 
of  law. 

Under  the  early  emperoit,  at  least  in  the  time 
of  Augustus,  many  legea  were  enacted,  and  in  his 
time,  and  that  of  his  anoceaoorB,  to  about  the  time 
of  Hadrian,  we  find  mentian  of  numeroua  senatus- 
consnlta.  In  foct  the  emperor,  in  whom  the  au* 
preme  power  was  Tested  from  the  time  of  Aiigustns, 
exercised  his  power  throngfa  the  medium  of  a 
senatos-consultnm,  which  he 
oratio  or  libellua,  and  the  i 
said  to  be  made  **  imperatore  anctora.*^  ProbaUy, 
about  the  time  of  Hadrian,  aenatna-oonauha  became 
lesa  common,  and  finally  imperial  conatitntionea 
became  the  common  fiirm  in  which  a  law  was 
made. 

At  a  kter  period,  in  the  Institntea,  it  ia  de- 
clared that  whaterer  the  impemtor  determined 
jeomtjitmi)  by  epiatola,  or  dedded  judicially  {eog* 
noaeoiff  deenvit\  or  declared  by  edict,  waa  law ; 
widi  thia  limitation,  that  thoae  conatitntiona  were 
not  lawa  which  in  their  nature  were  limited  to 
special  caaea. 

Under  the  general  liead  of  conatitntionea  we 
also  read  of  numdata,  or  inatmetiona  by  the  Caesar 
to  hia  officers. 

Many  d  theae  conatitotiona  are  preaerred  m 
their  original  finm  m  the  extant  codes.  [Cooxx 
TflnoDoaiANUfl,  &c]  [G.  L.] 

CONSUA'LIA,  a  festival,  with  games,  cele- 
brated  by  the  Romana,  according  to  Featua,  Orid 
{f^aeL  iiL  199^  and  othera,  hi  honour  of  Conaua, 
the  god  of  secret  ddibetationa,  or,  according  to  Livy 
(L  9),  of  Neptonua  Equeatria.  Plutarch  {Qfiaed. 
Rom,  45),  Dionyaiua  of  Halicamaasna  (ii.  31), 
and  the  Pseudo  Asoonins,  however  (ad  Oc  ia  Ven\ 
p.  142.  ed.  Grelli),  say  that  Neptnnns  Equestris  and 
Census  were  only  different  names  for  one  and  the 
same  ddty.  It  waa  aolemniaed  every  year  in  the 
dreua,  by  the  symbolical  ceremony  of  uncovering 
an  altar  dedicated  to  the  god,  whidi  waa  buried  ia 
the  earth.    For  Romufaia,  who  was  oonaidered  as 


introduced   by  an 


852 


CONSUL. 


the  founder  of  the  festival,  was  said  to  have  dis- 
covered an  altar  in  the  earth  on  that  spot.  (Com- 
pare Niebahr,  Hitt,  Rom.  vol.  i.  notes  629  and 
630.)  The  solemnity  took  place  on  the  21st  of 
Angust  with  horse  and  chariot  races,  and  libations 
were  poured  into  the  flames  which  consumed  the 
sacrifices.  During  these  festive  games,  horses  and 
mules  were  not  allowed  to  do  any  work,  and  were 
adorned  with  garlands  of  flowers.  It  was  at  their 
first  celebration  that,  according  to  the  ancient 
legend,  the  Sabine  maidens  were  carried  ofL 
(Varro,  De  Ling.  LaL  tL  20  ;  Dionys.  i.  2  ;  Cic. 
De  Rep.  il  7.)  Viigil  {Aen,  viiL  636),  in  spoiking 
of  the  rape  of  the  Sabines,  describes  it  as  having 
occurred  during  the  celebration  of  the  Circennan 
j^ames,  which  can  only  be  accounted  for  by  sup- 
posing that  the  great  Circcnsian  games,  in  subse- 
quent times,  superseded  the  ancient  Consualia  ;  and 
that  thus  the  poet  substituted  games  of  his  own 
time  for  ancient  ones — a  favourite  practice  with 
Virgil ;  or  that  he  only  meant  to  say  the  rape  took 
place  at  the  well-known  festival  in  the  circus  (the 
Consualia),  without  thinking  of  the  ludi  Circenses, 
properly  so  called.  [L.  S.] 

CONSUL  (Chroroj),  the  highest  republican 
magistrate  at  Rome.  The  name  is  probably  com- 
posed of  con  and  sul  which  contains  the  same  root 
as  talio ;  ao  that  eonaules  are  those  who  **  go  to- 
gether," just  as  erul  is  *'  one  who  goes  out,"  and 
prassul,  is  "  one  who  goes  before." 

There  was  a  tradition  that  King  Servius,  after 
regulating  the  constitution  of  the  state,  intended  to 
alx>lish  the  kingly  power,  and  substitute  for  it  the 
annual  magistracy  of  the  consulship  ;  and  what- 
ever we  may  think  of  the  tradition,  the  person  who 
devised  it  must  have  had  a  deep  insight  into  the 
nature  of  the  Roman  state  and  its  institutions  ;  and 
the  fact  that  on  the  abolition  of  royalty,  it  was  in- 
stituted forthwith,  seems,  at  any  rate,  to  show  that 
it  had  been  thought  of  before.  Thus  much  is  also 
certain,  that  the  consulship  was  not  a  Latin  institu- 
tion, for  in  Latiura  the  kingly  power  was  succeeded 
by  the  dictatorship,  a  magistracy  invested  with  the 
same  power  as  that  of  a  king,  except  that  it  lasted 
only  for  a  time. 

The  consulship  which  was  established  as  a  re- 
publican magistracy  at  Rome  immediately  after 
the  abolition  of  royalty,  showed  its  republican 
character  in  the  circumstance  that  its  power  was 
divided  between  two  individuals  (imperitun  duplex), 
and  that  it  was  only  of  one  yeer*s  duration  (amutum). 
This  principle  was,  on  the  whole,  observed  through- 
out the  republican  period ;  and  the  only  exceptions 
are,  that  sometimes  a  dictator  was  appointed  in- 
stead of  two  consuls,  and  that,  in  a  few  instances, 
when  one  of  the  consuls  had  died,  the  other  re- 
mained in  office  alone,  either  because  the  remaining 
portion  of  the  year  was  too  short,  or  from  religious 
scruples  (Dionys.  v.  57  ;  Dion  Cass.  xxxv.  4),  for 
otherwise  the  rule  was,  that  if  either  of  the  con- 
suls died  in  the  year  of  his  oflice,  or  abdicated  be- 
fore its  expiration,  the  other  was  obliged  to  con- 
vene the  comitia  for  the  purpose  of  electing  a  suc- 
cessor (stdirogare  or  tufficere  eoUegcan.)  It  is  only 
during  the  cQsturbances  in  the  last  century  of  the 
republic,  that  a  Cinna  maintained  himself  as  sole 
consul  for  nearly  a  whole  year  (Appian,  Ds  Bell. 
Civ.  I  78  ;  Veil.  Pat  ii.  24  ;  Liv.  EpiL  83) ;  and 
that  Pompey  was  appointed  sole  consul,  in  order 
tD  prevent  his  becoming  dictator.  (Ascon.  ad 
Oic.  p  Mil  p.  37  ;  Liv.  EpU,  107  ;  Appian,  De 


CONSUL. 

BdL  Civ.  ii.  23,  25.)  Nay,  in  thoM  toonblH 
times,  it  even  came  to  pass  that  Cinna  and  Martn^ 
without  any  election  at  all,  usurped  the  power  & 
the  consulship. 

In  the  earliest  times,  the  title  of  the  chief  magi^ 
trates  was  not  oonsules  but  praHores;  chazacterisii.^ 
them  as  the  commanders  of  the  armies  of  the  rcS 
public,  or  as  the  officers  who  stand  at  the  head  «^ 
the  state.  Traces  of  this  title  occur  in  ancienl 
legal  and  ecclesiastical  documents  (Liv.  viL  3  | 
Plm.  H,  iV:  viiL  3  ;  FesL  p.  161),  and  also  in  tb^ 
names  praetorium  (the  consults  tent),  and  jtort'j 
praeioria  in  the  Roman  camp.  (Paul.  Diac.  p.  1 23  j 
Pseudo- Ascon.  ad  Cic.  in  Verr.  i  14.)  Somen 
times  also  they  are  designated  by  the  title  Jndirrs^ 
though  it  perhaps  never  was  their  official  title,  bat 
was  given  them  only  in  their  capadtjr  oijudges^ 
(Varro,  De  L,L.yi.9  i  Liv.  iiL  65.)  The  name 
consules  was  introduced  for  the  highest  magistxaK^ 
in  B.C.305  (Zonar.  vii.  19),  and  henceforth  reH 
mained  the  established  title  until  the  final  orer-i 
throw  of  the  Roman  empire^  Upon  the  establish- 
ment of  the  republic,  after  the  banishment  of  Tar- 
quin,  all  the  powers  which  had  bel<niged  to  the 
king,  were  transferred  to  the  consols,  except  that 
which  had  constituted  the  king  high  priest  of  the 
state ;  for  this  was  kept  distinct  and  transferred  to 
a  priestly  dignitary,  called  the  rex  aaeroruat,  or  rex 
saerificulue. 

As  regards  the  election  of  the  oonsah,  it  inva- 
riably took  pUce  in  the  oomitia  centoriate,  nnder 
the  presidency  of  a  consul  or  a  dictator ;  and  io 
their  absence,  by  an  interreXi    TheT  consuls  thos 
elected  at  the  beginning  of  a  year,  were  styled 
oonsides  ordinarOj  to  distinguish  them   from   the 
n^'ecH^t  or  such  as  were  elected  in  the  place  of 
those  who  had  died  or  abdicated,  though  the  privi- 
leges and  powers  of  the  latter  wore  in  no  waj  in- 
ferior to  those  of  the  former.    (Liv.  xziv.  7,  &c.; 
comp.  zll  18.)     At  the  time  when  the  consulship 
was  superseded  by  the  institution  of  the  trUmm 
militares  consulari  potestaie,  the  latter,  of  course., 
presided  at  elections,  as  the  consols  did  before  and 
after,  and  must  in  general  be  regarded  as  the  repre- 
sentatives of  the  consuls  in  every  respect.     It  was, 
however,  a  rule  that  the  magistrate  presiding  at  an 
election  should  not  be  elected  himself  though  a 
few  exceptions  to  this  role  axe  recorded.     (Lir.  iiL 
35,  vii.  24,  xxiv.  9,  xxviL  6.)     The  day  of  the 
election  which  was  made  known  by  an  edict,  three 
nundines  beforehand  (Liv.  iiL  35,  iv.  6,  xHL  28X 
naturally  depended  upon  the  day  on  which  the 
magistrates  entered  upon  their  office.     The  latter, 
however,  was  not  the  same  at  all  times,  hat  was 
often  changed.     In  general  it  was  obseiired  as  a 
rule,  that  the  magistrates  should  enter  upon  their 
office  on  the  kalendae  or  idus,  unless  partscolar 
circumstances   rendered   it  impossible ;   but    the 
months  themselves  varied  at  diffierent  timca,  and 
there  are  no  less  than  eight  or  nine  months  in 
which  the  consuls  are  known  to  have  entered  upon 
their  functions,  and  in  many  of  these  cases  we 
know  the  reasons  for  which  the  change  was  made. 
The  real  cause  appears  to  have  been  that  the  con- 
suls, like  other  magistrates,  were  elected  for  a  whole 
year  ;  and  if  before  the  dose  of  that  year  the  mi^;is» 
tracy  became  vacant  either  by  death  or  abdication, 
their  successors,  of  course,  undertook  their  office  on 
an  irregular  day,  which  tiien  remained  the  dies  so- 
letmiSj  until  another  event  of  a  similar  kind  rendered 
another  change  neoessary.    The  first  consoh^  as 


CONSUL- 
Sraf  ««  kiiDv,  entaed  upon  ilieir  ofllice  oa  the 
xki  of  September.  (IMonya.  t.  1 ;  LiT.  tu.  8.) 
7k  fint  diuge  teaoato  httn  been  Inwight  about 
^  tbe  MMsiao  of  the  pleb^  b.  &  493^  when  the 
oosak  cstacd  on  the  kalends  of  September. 
( DioQji.  tL  49.)  In  B.  c  479,  the  day  was  thrown 
a  vbale  annth  backward ;  for  of  the  consula  of  the 
|3«cediag  jeer  one  had  fidlen  in  battle,  and  the 
d-J»r  ibdialed  two  maaths  before  the  end  of  hit 
rev;  hence  the  new  eonaalt  entered  on  the 
kaleods  of  Sextilia.  (Dionjg.  iz.  13  ;  LiT.  iii.  6.) 
Tbs  dxf  reaiained  until  b.  c.  451,  when  the  con- 
ids  abdicated  to  make  room  for  the  deoemTisB, 
wh  emred  upon  their  office  on  the  ides  of  May. 
Tbenme  day  remained  for  the  two  foUowinff  yean 
iDears.  x.  56  ;  Zonar.  Tii.  18  ;  FuL  OapO  i  hut 
wten'thedeoemnratewaaabolishcsd,  another  day 
aut  baTe  beeome  the  dies  solennis,  but  which  it 
vai  ii  uknovn,  until  in  &  a  443,  we  find  that  it 
vaitbeidcfl  of  December.  (Dionys.  zL  63.)  This 
ebagekad  been  oocasioaed  by  the  tribnni  n^tares 
riukadbeeaefocted  the  year  before,  and  had  been 
cBBpelkd to  abdicate.  (Liv.iT.7;  Dionys.  zi.  62.) 


CONSUL. 


858 


Heneelbrth  the  ides  of  Deeembcr  rsmaioed  lor  a 
long  time  the  dies  solennis.  (Lit.  iv.  87,  t.  9, 1 1 .) 
In  B.  c.  401,  the  militaiy  tribunes,  in  cooseqnenee 
of  the  defeat  at  Veii,  abdicated,  and  their  sacoessors 
entered  upon  their  office  on  the  kalends  of  October. 
In  B.  c.  891,  the  consuls  entered  upon  their  office 
on  the  kalends  of  Qnintilis.  (LiT.  t.  82  ;  oompi  81 , 
tIL  25,  Txii.  20.)  From  this  time  no  further  change 
is  mentioned,  though  serersl  events  are  recorded 
which  must  have  been  accompanied  by  an  alter- 
ation of  the  dies  solennis,  until  in  Bua  217,  we 
learn  that  the  consols  entered  upon  their  office 
on  the  ides  of  March,  which  costom  remained  un- 
altered for  many  years  (LiT.  zziL  1,  zxiiL  80, 
zxtL  1,  26,  xliT.  19),  until  in  b.  a  154  it  was  de- 
creed that  in  futore  the  magistrates  should  enter 
upon  their  office  on  the  1st  of  January,  a  regulation 
which  began  to  be  obsenred  the  year  af^,  and 
remained  in  fbtoe  down  to  the  end  of  the  republic 
(laT.  E^  47  ;  Fa$L  PtomuL)  The  changes  in 
the  time  at  which  the  consuls  entered  upon  their 
office  at  different  times,  may  them£ue  be  given  in 
the  following  tabular  Tiew  :— 


From  b.  c.  509  to  493  on  the  Ides  of  September. 

—  —493  —  479     —     Kalends  of  September. 

—  —479  —  451     —    Kalends  of  Seztilis. 
_  —  451_449     —     Ides  of  May. 

—  _  449  —  443  or  400  Ides  of  December. 

—  _  400  — .  probably  till  397,  Kalends  of  October. 

—  —  397  —  329  (porhaps  327),  Kalends  of  Quintilis. 

—  —  327  —  223  unknown. 

—  —  223  — 153  Idea  of  Mareh. 

—  —  153  —  till  the  end,  the  Kalends  of  January. 


The  day  en  which  the  consols  entered  on  their 
lAee  detenained  the  day  of  the  election,  thongbb. 
tacR  vaiiio ftxed  rule,  and  in  the  earliest  times 
tk  etedioBs  profaaUrtook  place  Teiy  sh<vtly  be- 
^ihe  dote  of  the  official  year,  and  the  same  was 
uxsckseslly  the  esse  during  the  latter  period  of  the 
n-psUie.  (Lit.  zzzriii.  42,  zllL  28,  zliii  11.) 
Bet  wbes  tbe  first  of  January  was  fixed  upon  as 
tlie  day  fior  catering  upon  tbe  office,  the  consulai 
cQoitis  were  nsoaUy  held  in  July  or  even  earlier, 
at  last  before  the  Kalends  of  Seztilis.  (Cic.  ad 
AlLiX^'^mi Pom.  TiiL  4.)  But  eren  during  that 
period  tbe  day  of  electioa  depended  in  a  great 
ii»aR  npoa  the  discretion  of  the  senate  and  oon- 
RU,wbooftai  delayed  it.  (Cic.  oi  ^tt.  ii  20,  ir. 

DowB  to  the  year  b.  c.  866,  the  consnlship  was 
Koemble  to  none  but  patricians,  but  in  that  year 
L  Sextioi  was  the  fiiit  plebeian  consul  in  conse- 
Saraee  of  the  kw  of  C.  Lidnius.  (LiT.  vi  42, 
Til  1.)  The  patxioans  howeTer,  notwithstanding 
t^  law,  lepeatedly  contnTed  to  keep  the  plebeians 
»t  (Ut.  TiL  17,  18,  19,  22,  24,  28),  until  in 
Lc.^2  the  hisairection  of  the  army  of  Oapua 
ns  folkwed,aniopg  other  important  consequences, 
bj  tbe  fins  ettabUMment  of  the  plebeian  consul- 
<bip ;  sad  it  is  eren  ssid  that  at  that  time  a  ple- 
WitBBi  wss  pasted,  enacting  that  both  consuls 
m^btbeplebeiaasL  (LiT.Tii42.)  Attempts  on 
^  put  «f  the  pstrieians  to  exclude  the  plebeians, 
«ar  u  lite  as  the  year  B.c.297  (LiT.x.  15  ; 
Cic  BnL  U)  but  they  did  not  succeed,  and  it 
^^ottacd  a  principle  of  the  Roman  constitution 
tbt  both  coDsiib  shoold  not  be  patricians.  (LiT. 
X5^34,iizix.42.)  The  candidates  usually  were 
dWidcd  into  two  sets,  the  one  desirous  to  obtain 
the  potridan,  and  the  other  to  obtain  the  plebeian 


place  in  the  consulship  (mi 
LiT.  xzzT.  10).  But  as  in  the  course  of  time  the 
patricians  were  thrown  idto  the  shade  by  the  rising 
power  of  the  ao6i2ei,  it  came  to  pass  that  both  con- 
sols were  plebeians.  In  b.  a  215,  the  augurs  in- 
deed  opposed  the  election  of  two  plebeians  (LiT. 
xxiiL  31)  ;  but  not  long  after,  in  b.  a  172,  the  fiu:t 
of  both  consuls  being  plebeians  actually  occurred, 
and  after  this  it  was  often  repeated,  the  ancient 
distinction  between  patricians  and  plebeians  fiUIing 
completely  into  oblirion. 

The  consulship  was  thronghoat  the  repnblio 
regarded  tM  the  highest  office  and  the  greatest 
honour  that  could  be  conferred  apon  a  man  (Oic. 
jD.  PUme.  25  ;  Paul.  Diac.  pi  136  ;  Dionys.  ir.  76), 
for  the  dictatorship,  though  it  had  a  niqjiu  imp&rimm, 
was  not  a  r^fular  magistracy;  and  the  censorship, 
though  conferred  only  upon  consdan,  was  yet  far 
inferuHT  to  the  consuLhip  in  power  and  influence. 
It  was  not  till  the  end  of  the  republic,  and  especially 
in  the  time  of  J.  Caesar,  that  the  consulship  lost  its 
fonner  dignity ;  for  in  order  to  honour  his  fiiends, 
he  caused  them  to  be  elected,  sometimes  fiir  a  few 
months,and sometimes eTen for afew  hours.  (Sueton. 
Com,  76,  80,  Nero,  15  ;  Dion  Cass,  xliii.  46  ; 
Macrob.  SaL  ii.  8.) 

The  power  of  the  consuls  was  at  first  equal  io 
that  of  the  kings  into  whose  place  they  stepped,  with 
the  exception  of  the  priestly  power  of  the  rex  aacro- 
rum,  which  was  detached  from  it.  Eren  after  the 
Valerian  laws  and  the  institution  of  the  tritnmeship, 
the  consuls  who  alone  were  iuTcsted  with  the 
executiTe,  retained  the  most  extensiTc  powers  in  all 
departments  of  the  goTemment  But  in  the  gradual 
deTclopment  of  the  constitntion,  some  important 
functions  were  detached  from  the  consulship  and 
assigned  to  new  officers.    This  was  the  case  first 


364 


CONSUL. 


with  tbe  cennifl,  in  b.  c.  443»  an  office  which  at 
first  was  confined  to  holding  the  cenBUs  and  regis- 
tering the  citizeni  according  to  their  di&rent 
dnMew,  but  afterwaidt  acquired  very  extennye 
powers.  [Cknsor.]  The  second  function  that  was 
in  this  manner  taken  firom  the  codsoIs,  was  their 
judicial  power,  which  was  transferred  in  b.  a  366, 
to  a  distinct  magistracy  under  the  title  of  the 
pcaetorship  [Prabtor]  ;  and  henceforth  the  con* 
suls  appeared  as  judges  only  in  extraordinary  cases 
of  a  cruninal  nature,  when  they  were  called  upon 
by  a  senatus  oonsultnm.  (Ci&  Brut,  82  ;  Liy. 
xzzix.  17,  &c.,  xlL  9.)  But,  notwithstanding  these 
curtailings,  the  consulship  still  continued  to  be  re- 
garded as  the  representative  of  r^gal  power.  (Polyb. 
vi.  1 1  ;  Cic  Z>0  Leg,  iiL  3.) 

In  regard  to  the  nature  of  the  power  of  the  con- 
suls, we  must  in  the  outset  divide  it  into  two 
parts,  inasmuch  as  they  were  the  highest  civil 
authority,  and  at  the  same  time  the  supreme  com- 
manders of  the  armies.  So  long  as  they  were  in 
the  city  of  Rome,  they  were  at  the  head  of  the 
government  and  the  administration,  and  all  the 
other  magistrates,  with  the  exception  of  the  tribunes 
of  the  people,  were  subordinate  to  them.  They 
convened  tne  senate,  and  as  presidents  conducted 
the  business ;  they  had  to  carry  into  eiFect  the  de- 
crees of  the  senate,  and  sometimes  on  urgent  emer- 
gencies they  might  even  act  on  their  own  authority 
and  responsibility.  They  were  the  medium  through 
which  foreiffn  affairs  were  brought  before  the  senate ; 
all  despatches  and  reports  were  placed  in  their 
hands,  before  they  were  laid  before  the  senate  ;  by 
them  foreiffn  ambassadors  were  introduced  into  the 
senate,  and  they  alone  carried  on  the  negotiations 
between  the  senate  and  foreign  states.  They  also 
convened  the  assembly  of 'the  people  and  presided 
in  it ;  and  thus  conducted  the  elections,  put  legis- 
lative measures  to  the  vote,  and  had  to  carry  the 
decrees  of  the  people  into  effect  (Polyb.  vi  12 ; 
Com ITXA ;  Sbnatus.)  The  whole  of  the  internal 
machinery  of  the  republic  was,  in  fiict,  under 
their  superintendence,  and  in  order  to  give  weight 
to  their  executive  power,  they  had  the  right  of 
summoning  and  arresting  the  obstreperous  (eoea/io 
and  prwinb,  Ci&  m  Vat,  9,  p,  Dom,  41),  which 
was  limited  only  by  the  right  of  appeal  firom  their 
judgment  {prowioaiio)  ;  and  their  right  of  inflicting 
punishment  might  be  exercised  even  against  in- 
ferior magistrates. 

The.  outward  signs  of  their  power,  and  at  the 
same  time  the  means  by  which  they  exercised 
it,*  were  twelve  lictors  with  the  fiisoes,  without 
whom  the  consul  never  appeared  in  public  (Li v. 
XXV.  17,  zxvil  27  ;  Val.  Max.  I  1.  §  9  ;  comp. 
Liv.  vl  34,  xxxix.  12),  and  who  preceded  him  ra 
a  line  one  behind  another.  (Liv.  xxiv.  44  ;  Val. 
Max.  ii.  2.  §  4.)  In  the  city,  however,  the  axes 
did  not  appear  in  the  fasces;  a  regulation  said 
to  have  been  introduced  by  Valerius  Publicola 
(Dionys.  v.  2,  19,  7 A,  x.  69),  and  which  is  in- 
timately connected  with  the  right  of  appeal  fitnn 
a  consults  sentence,  whence  it  did  not  apply  to 
the  dictator  nor  to  the  decemvirs.  Now  as  the 
provocatio  could  take  place  only  within  the  city 
and  a  thousand  paces  in  circumference,  it  must  be 
supposed  that  the  axes  did  not  appear  in  the  &soes 
within  the  same  limits,  an  opinion  which  is  not 
contradicted  by  the  fiict  that  tne  consuls  (m  return- 
ing from  war  appeared  with  the  axes  in  their  fasces 
in  the  Campus  Martins,  at  the  very  gates  of  Rome ; 


CONSUI^ 

for  they  had  the  imperium  militsre,  wliick  ceaa< 
as  soon  as  they  had  entered  the  dty. 

But  the  powers  of  the  eonsuls  were  fax  mo 
extensive  in  their  capacity  of  supreme  coounande 
of  the  armies,  when  they  were  witboat  the  pr 
cincts  of  the  city,  and  were  invested  with  the  fu 
imperium.  When  the  levying  of  An  airay  w: 
decreed  by  the  senate,  the  consuls  ooodticted  tl 
levy,  and,  at  first,  had  the  appointment  of  all  tl 
subordinate  officers  —  a  right  which  snbaequenti 
they  shared  with  the  people ;  and  the  aoldien  ba 
to  take  their  oath  of  allegiance  to  the  consbl 
They  also  determined  the  contingent  to  be  fai 
nished  by  the  allies  ;  and  in  the  province  assigvo 
to  them  they  had  the  nnlunited  adminiatratioc 
not  only  of  all  military  afiairs,  but  of  every  tJiu^ 
else,  even  over  life  and  death,  excepting  gq!] 
the  conclusion  of  peace  and  tresdea.  (PoljK  rj 
12 ;  compare  Exbrcftus.)  The  txeaaorr  «->.s 
indeed,  under  the  control  of  the  senate ;  but  It 
regaxd  to  the  expenses  foe  war,  the  consuls  do  eo! 
appear  to  have  been  bound  down  to  the  sairj 
granted  by  that  body,  but  to  have  availed  them- 
selves of  the  public  money  as  circumstances  re- 
quired ;  the  quaestors,  howcTer,  kept  a  strict  at- 
count  of  the  expenditure  (Polyb.  vi.  12,  13,  15  ; 
Liv.  xliv.  16).  But  when  in  times  of  need  mo;h'V 
was  to  be  taken  firoai  the  aerarium  aandius,  t: 
which  the  keys  seem  to  have  been  in  the  exclos^r^ 
possession  of  the  consuls,  they  had  to  be  authori>^ 
by  a  senatus  consultum.  (Liv.  xxviL  10.)  In  tj? 
early  times,  the  consuls  had  the  power  to  d\iyo<^ 
of  the  booty  in  any  way  they  pleased  ;  sometiptrs 
they  distributed  the  whole  or  a  part  of  it  xmo-i: 
the  soldiers,  and  sometimes  they  sold  it,  and  ds 
posited  the  produce  in  the  public  treasury,  which 
in  later  times  became  the  usual  practice. 

Abuse  of  the  consular  pq^er  was  pfeventod. 
first  of  all,  by  each  of  the  consuls  being  depeodeat 
on  his  colleague  who  was  invested  with  equal 
rights  ;  for,  if  we  except  the  provinces  shrad 
where  each  was  permitted  to  act  with  uDlimiUil 
power,  the  two  consuls  could  do  nothing  iu>l<>s 
both  were  unanimous  (Dionys.  x.  17  ;  Appisn,/> 
Bell.  Civ,  iL  1 1),  and  against  the  sentence  of  «» « 
consul  an  appeal  might  be  brought  before  his  o^- 
league  ;  nay,  one  consul  might  of  his  own  acoird 
put  his  veto  on  the  proceedings  of  the  other.  (L=v. 
ii  18,  27,  iiL  34  ;  Dionysi  v.  9  ;  Cic  i)e />?.  iii- 
4.)     But  in  order  to  avoid  every  unneeenarr  de- 
pute or  rivalry,  arrangements  had  been  made  bm 
the  first,  that  the  real  functions  of  the  office  sbouid 
bo  performed  only  by  one  of  them  eveiy  altefnate 
month  (Dionys.  ix.  43)  ;  and  the  eoe  who  was  is  j 
the  actual  exercise  of  ^e  coosnlar  power  for  tJie 
month,  was  preceded  by  the  twelve  Uctocs,  wfi^uce  I 
he  is  commonly  described  by  the  words  ;mms  90^4  i 
/asoe$  erxuU.  (Liv.  viii.  12,  ix.  8.)     In  the  eorlf 
times,  his  colleague  was  then  not  acconpsai^d  br 
the  lictors  at  all,  or  he  was  preceded  by  an  taxm\ 
and  the  lictors  followed  after  him.    (Cic  Ik  ^< 
FM,  ii.  31  ;  Liv.  il  1,  iiL  33 ;  compi  Piaor&  r. 
2,  X.  24.)     As  regards  the  htter  times,  it  is  oert»n 
that  the  consul,  when  he  did  not  peifom  tba 
functions  of  the  office^  was  followed  by  the  ^^'^^f 
lictors  (Suet  Caes,  20)  ;  when  this  custom  stdk  u 
uncertain,  and  we  only  know  that,  in  the  time  of 
Polybius,  the  dictator  had  twenty-foor  \kton.  J' 
is  commonly  believed,  that  the  consul  who  for  the  , 
month  being  performed  the  functions  of  the  office, 
.was  designated  as  the  eomsal  m^;  hot  tlie  uih 


eONSUL. 

god  tiMORlTa  ven  daabtfal  at  to  wlwtlier  tbe 
temtn&d  tothe  om  who  had  th«  frtGM,<irto 
tiif  one  vbo  hid  ben  deetod  fixst  (FesL  pi  161 )  ; 
ud  tbm  MU  to  be  good  reuon  for  believiDg 
t^the  mri  nijor  bad  refeieiiee  only  to  the  age 
af  tk  eooMil,  ■»  tbat  the  elder  of  the  two  wm 
ttCcd  cflonl  najor.  (Lit.  zxxvU.  47  ;  Cic.  JM 
ife  M  iL  31 ;  VaL  Max.  iy.  1.  §  1  ;  Plat 
M]2;DioDn.Ti57.)  Owing  to  the  nqiect 
pud  to  tbe  dder,he  pRtided  at  the  meetixig  of 
tk  Kfltte  vUd)  mi  held  immediatdy  after  the 
it^ctk.  (Lir.  iz.  8 ;  Odlioa,  iL  1&)  Another 
poiBiwiucliictedasa  check  upon  the  exereiae  of 
'ie  eoBsahr  power,  was  the  certainty  that  after 
t^expintkiB  of  tbeir  office  they  mi(^t  he  called 
ttKCMDt  for  tbe  manner  in  wUch  they  had  con- 
dieted  tbemfdvet  in  their  official  eapneity.  Many 
aanvtva  Kcord,  in  which  after  their  abdication 
ttyr  were  accaaed  and  oondemned  not  only  for  il- 
Iqpl «  nMooititBtianal  acts^hot  akofor  midbrtonea 
h  w,  whieb  were  aacrtbed  either  to  their  care- 
\(mm ornat of abflity.  (Lit. iL 41, 52, 64, 6 1 , 
iiL  SK  niL  4a  49,  zrri.  2,  S,  xxviL  S4  ;  Cic. 
IhS^  iW.ii.  3 :  VaL  Max.TiiL  1.  §  4.)  The 
cTff  iBocaflbif  anogaace  and  power  of  the  tribunea 
did  ntt  itop  here,  and  we  not  nnfrcqnently  find 
'iit  esonli,  em  doling  the  time  of  tbeir  office, 
nre  not  odf  tbnatcned  with  poniabment  and 
iaSBflonieBt,  bat  were  actoally  aubjected  to 
that  (Ur.ir.  26,  t.  9,  zlii  21,  EpiL  48,  55  ; 
^k.1kLif,m.^,mVaL  9 }  VaL  ]iia3E.ix.5.  §  2  ; 
DioB  Caa.  ixzviL  6(^  zxxriiL  6,  xxzix.  39.) 
&>B$tiflKs  tbe  people  theraaelvea  oppooed  the 
oesah  in  tbe  exeiciae  of  their  power.  (Liy.  ii.  55, 
^.)  Laitlj,  tbe  conanb  were  dependent  npon  the 
Motft  [Sbnatus.]  There  ooenrred,  however, 
Qoa  vbfD  tbe  power  of  the  conanla  thna  limited 
br  rrnblicaa  iostitntioiis  waa  thought  inadequate 
to  are  the  lepuUie  from  perila  into  which  ahe 
*ai  tbtoTD  by  dicamstaaoea  ;  and  on  auch  occa- 
ama  matBawnaaitnm  eiefarwrf  or  damtt  cperam 
^"'^  »  tpHreifMiea,  dstrimmti  caperA,  osoi' 
i^  npoB  tbem  fall  dictatorial  power  not  le- 
tiniaed  eitber  bj  the  aeaate,  the  people,  or  the 
^^^basei.  In  tbe  early  timet,  anch  aenatoa  con* 
^  are  nr^  BKntioned,  aa  it  waa  eaatonmry  to 
iffttoit  a  dirtator  on  aoch  emergendea  ;  bot  when 
tilt  didaionhip  bad  Men  into  disoae,  the  aenato 
^J  tbe  above  auntiened  formnUt  inveated  the 
^^>^\  fiv  tbe  time,  with  dictatorial  power. 
[DicTim] 

^Qgarteriag  upon  tbeir  office,  the  conanla,  and 
ififfnnb  tbe  pneton  alao,  agreed  among  one 
miKtu  to  the  bvinea  which  each  had  to  look 
«if.ntbatewyoDebad  hia  diatinct  aphere  of 
Wm,  Tbicb  vai  termed  hia  pnmaaUu  The  or- 
"'^  way  IB  vbich  the  provincea  wece  aaaigned 
1*^  vaa  by  lot  {tartiri  pnwmeiag)^  nnleaa  the 
^Nvtagned  among  themaelToa,  without  any 
*3aDmiofdeeiaion(0EMip(iraram^«e  /voom- 
f*«.IiT.xxiT.  10,  XXX.  1,  xrxii.  8  ;  Cia  <m<  Fam. 
1-  H  Tbedaeiaioo  by  lot  waa  reaorted  to  for  no 
c-ur  Ruoa  tiuui  becaiue  the  two  conaula  had 
«N  %hta,  and  not,  aa  aome  bdieve,  becanae  it 
*»  thoeby  bteaded  to  leaTo  the  dedaioa  to  the 
^  If  it  vaa  thought  that  one  of  the  conanla 
^OBiwfly  (palified  for  a  particular  province, 
JJw  «  account  of  hia  experience  or  peraonal 
2^^  it  &eqoentiy  hi^ipened,  thai  a  commia- 
P*  ^  giwB  to  him  ariro  aofteBi  or  esrfrw  ofrfwem, 
i.tbytba 


00N8UU 


355 


lota.  (LiT.]il2,niL  16,  zzxYii.  I;  CicLflrf^tf.  i 
19  ;  comp.  Lir.  xxxr.  20,  zli  8.>  In  the  eariket 
timea,  it  aaema  to  have  been  the  coatom  for  only 
one  of  the  conaula  to  march  out  at  the  head  of  the 
army,  and  for  the  other  to  remain  at  Rome  for 
the  protection  of  the  city,  and  to  carry  on  the  ad« 
miniatration  of  the  civic  affiura,  nnleaa,  indeed, 
ware  were  carried  on  in  two  difforent  qnartera 
which  rendered  it  neoeaaaiy  for  both  conanla  to 
take  the  field.  (Dionya.  tL  24,  91  ;  eomp.  Lir. 
iiL  4,  22,  Tii.  S8,)  Nay,  wo  find  that  eTen  when 
Rome  haid  to  contend  with  one  formidable  enemy, 
the  two  conanla  marehed  out  together  (LIt.  ii  4*4, 
iiL  8, 66,TiiL  6,  &c)  ;  but  the  fonea  were  equally 
divided  between  them,  in  auch  a  manner  that  each 
had  the  command  of  two  legiona,  and  had  the 
aupreme  command  on  every  alternate  day.  (Polyb. 
iiL  107,  110,  vL  26  ;  Liv.  iv.  46,  xxiL  27,  41, 
zxviiL  9  ;  comp.  iiL  70.) 

When  the  Roman  dominion  extended  beyond 
the  natural  boundariea  of  Italy,  the  two  conaula 
were  not  enough  to  undertake  the  adminiatntion 
of  the  provinfiea,  and  praeton  were  appointed  to 
undertake  the  command  in  aome,  while  the  more 
important  onea  were  reaerved  for  the  conaula. 
Hence  a  diatinction  waa  made  between  procinaae 
cxmndairf  and  pmelariae,  (Liv.  xtL  8.)  [Pro- 
viNCiA.]  It  remained  with  the  aenato  to  deter- 
mine into  which  provincea  conanla  were  to  be  acnt, 
and  into  which  praetoia,  and  thia  waa  done  either 
before  the  magiatratea  actually  entered  upon  their 
office  (Liv.  xxL  17),  or  after  it, and  on  tbe  propoeal 
of  the  conaula.  (Liv.  zxv.  1,  xxvi.  28,  xxviL  7,  &c.) 
Upon  thia,  the  magiatratea  either  agreed  among 
themaelvea  aa  to  which  province  each  waa  to 
undertake,  or  they  drew  lota,  fiiat,  of  oourae,  the 
conaula,  and  after  them  the  pneton.  One  of  the 
hiwa  of  C.  Qracchua,  however,  introduced  the  re- 
gulation, that  every  year  the  aenate,  previoua  to 
the  conaular  electiona,  ahould  determine  upon  the 
two  conaular  {ffovincea,  in  order  to  avoid  poitmlity, 
it  being  yet  unknown  who  were  to  be  the  conaula. 
It  had  been  cuatomary  firom  the  eaiiieat  timoa  for 
the  conaula  to  enter  their  province  in  tbe  year  of 
their  couaukhip^  either  at  the  very  beginning  or 
afterwarda  ;  but  in  the  latter  period  of  the  republic, 
the  ordinary  practice  of  the  conaula  waa  to  remain 
at  Rome  during  the  year  of  their  office,  and  to  go 
into  their  province  in  the  year  foUowing  aa  pro- 
conaula,  until  at  length  in  B.C  53,  a  aenatpa  con- 
aultum,  and  the  year  after  a  law  of  Pompey 
enacted  that  a  oonanl  or  praetor  ahould  not  go  into 
any  province  till  five  yean  after  the  expiration  of 
their  offiee.  (Dion  Caaa.  xL  46,  56.)  When  a 
oonanl  waa  once  in  hia  province,  hia  imperium  waa 
limited  to  it,  and  to  exereiae  the  tame  in  any  other 
province  waa,  at  all  timea,  conaidered  illegal.  (Liv. 
X.  37,  xxix.  19,  xxxL  48,  xliiL  1.)  In  aome  few 
caaea,  thia  rule  waa  overlooked  for  the  good  of  the 
republic;  (Liv.  xxviL  48,  xxix.  7-)  On  the  other 
hmid,  a  oonaul  waa  not  allowed  to  quit  hia  pro- 
vince before  he  had  accomi^iahed  the  purpoae  for 
which  he  had  been  aent  into  it,  or  before  the  arrival 
of  hia  auooeaaor,  nnleaa,  indeed,  he  obtoined  the 
apedal  permiaaion  of  the  aenate.  (Liv.  xxxviL  47.) 
Other  fimctiona  alao  were  aometimea  divided  be- 
tween the  conanla  by  lot,  if  they  could  not  agree, 
fat  example,  which  of  them  waa  to  preaide  at  tbe 
conaular  electiona  or  thoae  of  the  oenaon  (Liv. 


xxiv.  10,  XXXV.  6, 20,  xxxix.  82,  xli.  6),  which*  of 
and  without  any  drawing  of  |  them  waa  to  dedicate  a  temple  (Liv.  iL  8,  27),  ot 

▲  A   2 


SS6  CONSUL, 

nominate  m  dictator.  (Liv.  ir.  26.)  So  long  as  the 
coniuls  had  to  hold  the  census,  they,  undoubtedly, 
drew  lots,  which  of  them  oonderel  butrum^  and 
(^vc]l  when  they  went  out  on  a  common  expedition, 
they  seem  to  have  determined  by  lot  in  what  di- 
r^'ction  each  should  exert  his  activity.  (Lir.  xli. 
J  a) 

The  entering  of  a  consul  upon  his  office  was 
connected  with  great  solemnities :  before  daybreak 
prich  consulted  the  auspices  for  himself  which  in 
t}ie  early  times  was,  undoubtedly,  a  matter  of 
great  importance,  though,  at  a  kter  period,  we 
know  it  to  have  been  a  mere  formality.  (Dionys. 
ii.  4,  6.)  It  must,  however,  be  observed,  that 
wtuitever  the  nature  of  the  auspices  were,  the 
« Titering  upon  the  office  was  never  either  rendered 
ii3i[>08Bible  or  dehiyed  thereby,  whence  we  must 
Auppose  that  the  object  merely  was  to  obtain  &• 
voumble  signs  from  the  gods,  and  as  it  were  to 
piacd  under  the  protection  of  the  gods  the  office 
(•II  which  the  magistrate  entered.  After  the 
auspices  were  consulted,  the  consul  returned  home, 
[Hit  on  the  toga  praetexia  (Liv.xxi.  63  ;  Ov.  eat 
font,  iv.  4.  25,  Fast,  i  81),  and  received  the 
»ji1uLatio  of  his  friends  and  the  senators.  (Dion 
CiB8.  Iviil  5  ;  Ov.  «r  Pont.  iv.  4.  27,  Ac.)  Ac- 
companied by  these  and  a  host  of  curious  spectators, 
the  consul  clad  in  his  official  robes,  proceeded  to 
t  he  temple  of  Jupiter  in  the  Capitol,  where  a  solemn 
niicrifice  of  white  bulls  was  offered  to  the  god. 
]  t  epcms  that  in  this  procession,  the  sella  cuiulis, 
tk9  an  emblem  of  his  office,  was  carried  before  the 
ttjusul.  (Ov.  /.c.  iv.  4.  29,  Ac,  9,  17,  Ac. ;  Liv. 
jjfxi.  63  ;  Cic.  De  Leg,Agr.  ii.  34.)  After  this,  a 
meeting  of  the  senate  took  place,  at  which  the 
elder  of  the  two  consuls  made  his  report  concern- 
ing the  republic,  beginning  with  matters  referring 
to  religion,  and  then  passing  on  to  other  affairs 
{referre  ad  senatum  de  rebus  divinis  et  humanis, 
Liv.  vi.  1,  ix.  8,  xxxvii.  1  ;  Cic.  ad  Qmr,  post  Red. 
&.)  One  of  the  first  among  the  religious  things 
whii:h  the  consuls  had  to  attend  to,  was  the  fixing 
of  the  feriae  Latinae,  and  it  was  not  till  they  had 
pc^rAirmed  the  solemn  sacrifice  on  the  Alban 
iTioimt,  that  they  could  go  into  their  provinces. 
(Liv.xxi.  63,  xxil  1,  xxv.  12,  xlii.  10.)  The 
other  affairs  upon  which  the  consuls  had  to  report 
t^)  the  senate  had  reference  to  the  distribution  of 
t]i«  provinces,  and  many  other  matters  connected 
wlik  the  administration,  which  often  were  of  the 
highest  importance.  After  these  reports,  the 
meeting  of  the  senate  broke  up,  and  the  members 
nrcatnpanied  the  consuls  to  their  homes  (Ov.  ex 
P(tni.  iv.  4.  41),  and  this  being  done,  the  consuls 
were  installed  in  their  office,  in  which  they  had  to 
exert  themselves  for  the  good  of  their  country. 

Respecting  the  various  offices  which  at  different 
times  were  temporary  substitutes  for  the  consul- 
fchip,  such  as  the  dictatorship,  the  decemvirate, 
find  the  office  of  the  tribuni  militares  consulari 
iMitt-Btate,  the  reader  is  referred  to  the  separate 
articles.  Towards  the  end  of  the  republic,  the 
consulship  lost  its  power  and  importance.  Caesar, 
in  bis  dictatorship,  gave  it  the  first  severe  blow, 
for  he  himself  took  the  office  of  consul  along  with 
ttiat  of  dictator,  or  he  arbitrarily  caused  persons  to 
h(9  elected,  who  in  their  actions  were  entirely  de- 
jH^ndent  upon  his  will.  He  himself  was  elected  at 
firit  for  five  years,  then  for  ten,  and  at  length  for 
life.  (Sueton.  Caes.  76,  80  ;  Dion  Cass,  xlil  20, 
xM,  1,  46,  49  ;  Appian,  De  BelL  Cw,  il  106.) 


CONSUtu 

III  the  reign  of  Aupn-rttja,  the  conaJ 
a  mere  shadow  of  whcit  it  had  b«a 
the  consuls  wbn  vrern  ol<^t4^d^  did  ni 
office  for  a  ftdl  year^  but  had  usu 
cate  after  a  few  months.  (Dion  Q 
xluL  46  ;  Uii.an,  v.  399;)  These 
increased  to  such  an  extent,  that  ii 
Commodus  there  wcit^  tia  le«s  tha] 
consuls  in  one  3  ea?.  (Liimprid.  Chmt 
Cass.  Ixxii.  12,)  In  the  republican 
had  received  its  nnme  from  the  coiifi 
public  documents  their  namen  ^-^rv  ei 
the  year  ;  but  fmm  the  time  that  thi 
than  two  in  one  year,  only  those  that 
their  office  at  the  beginning  of  the 
garded  as  eomutes  oniinaru^  and  ga^ 
to  the  year,  though  the  luffecti  1 
entered  in  the  Fa^ti.  (Sueton.  Ekitn 
VitdL  2  ;  Senet  De  IV«.  iii  31  ;  Plii 
Lamprid.  AL  Sfv.  2B,)  The  cons 
ranked  higher  than  those  who  were 
wards.  The  deetion  from  the  time  ol 
in  the  hands  of  the  £i?nate^  who,  of  r 
only  those  that  were  rwomraendt^d 
peror  ;  those  who  wen?  elected  were  xl 
\f^mmtiare)  to  the  people  aM(*mbled 
called  oomitia.  (Dion  Cms.  tviii.  20 
77  ;  Tac^im.  iv,  fifl,)  In  the  lai 
the  empire,  it  wils  customary  to  en 
consuls  {eomtuUs  homorarii)  who 
by  the  senate  and  smictiojied  by 
(Cassiod.  L  10  j  Justltu  Ntm.  In.  \ 
c<»isules  sufFecti  were  then  aearcely  h 
for  Constantine  r^^storud  the  old  coitt 
ing  only  two  conauls,  one  for  Const£ 
the  other  for  Home^  who  w^ere  to  ac 
judges  (under  tlie  i  mperor)  for  a  wh 
besides  these  two  iHere  were  no 
honorary  consulii  nud  conaularcs. 
dignity  of  theso  hoxiomr)'  consuls  as 
consules  ordinarii  and  suiTeeti  was  mc 
still  it  was  regarded  as  the  highest  i 
and  was  sought  after  by  noble  and  W( 
with  the  greate«t  eapcnieaa,  notwitl 
great  expenses  cfitinpcttrd  with  tin; 
count  of  the  public  entertainments  "k 
appointed  consul  had  to  gire  to  his  h 
people.  (Lvdus^  l)e  Mtjigi^,  IJ.  8  j 
8  ;  SymmaclL  \u  64,  Lv.  B,  x,  44  j  Si 
Epist,]i,  3  J  Cas&iod.  U.  2,  vi  I  ;  Pr 
Pers,  L  26.)  So  me  time*  the  emprroi 
assumed  the  consulihip  or  conferred 
perial  princes.  The  last  consul  of  R^ 
mus  Theodunii  Padinus,  a.  d.  536i 
stantinople  Flavins  Basil i us  Jmunc^ 
After  that  time,  the  emperors  of  the  '. 
title  of  consul  for  theuuelvca,  untH  J 
fell  quite  into  oblivion. 

The  official  functions  of  the  conii 
empire  were  as  follawii :  —  1.  They  p 
senate,  though,  of  cotir^,  never  with  on 
of  the  «nperor  ;  2.  They  ad  minimi 
partly  extra  ordmem  (Tac  Ann.  b 
GelL  xiiL  24),  and  partly  m  ordinary 
manumissions  or  the  appobtment  o(gu 
mian.  Marcell  xxii  7  i  Cassiod.  vi 
Oamd.  23  ;  PJin,  /f,  M  ii.  13)  ;  3. '. 
the  public  revenues,  a  duty  which 
been  performed  by  the  censors  (Ov.  j 
19)  ;  4.  The  rood  acting  of  the  gaoi^ 
and  of  public  BuleranitiPi  In  honaorof 


V 


COiNTUBERNALES. 
fewkjcktlef  bad  to  defitythe  ezpenict  out  of 
tbdr  ovn  amaa.   (SoetoD.  iVSrro,  4  ;  Juwn.  zL 
l^kc;  CaMLLc^  and iil  39,  t. 42»  tl  10.) 
Sdae  apenn  indeed  gnntod  the  numey 


jr  sock  pBzpoiet  and  endeaToaied  to  cheek 
growing  eztnnfgnoe  of  tbe  eonsuU,  but  these 
RSilatknivin  ill  (rf  a  tzaniitoiy  nature.  (Lam- 
pik  AL  Snr,  4^ ;  VopiK.  AwnaL  12  ;  Jnatio. 
Sct.l9i.)  CoDjiare  beaides  the  Tariona  winks  OB 
Rdoaliatorf,  K.D.  Hfilhnaiin,  Itdm.  Gnrndver- 
'bay, PL  125,  Ac;  K.  W. Odttling,  CfesdL  der 
RhJsutmaf.  ^  269,  &&,  and  above  al],  Becker, 
HmUmkiirKMLAlkfA.  toL  ii.  part  iL  pp.  87 
-126.  [L.  S.] 

COXSULA'RIS,  thvonglioiit  the  time  of  the 
Braon  RpaUie  ngnifiea  a  perKn  who  has  been 
iiTated  m  the  eoDsolslup ;  but  under  the  em- 
piic  it  becuM  a  mere  title  tor  the  higher  daaa  of 
a&ai,  vl»  thecebj  obtained  permiaaion  to  haye 
tke  ini|;ma  of  a  eoosnl,  withont  ever  haTing  ac- 
191%  bea  eonnik  Hence  the  title  was  almost 
«qiiiilait  to  that  of  an  **  Iionorarf  consul  *"  (comW 
Wvni;  Cod.  Theod.  tl  tit  19.  a.  1,  tL  tlL  2. 
i2).  The  title  waa  giyen  eipeciallT  to  genenla,  aa 
(saedjpenoBi  after  their  consulship  had  nsnallj 
Qideit^  the  command  of  an  armj  in  the  pro- 
TiBOtt,  nd  in  many  instances  they  were  the  aame 
» the  kgati  prineipia  or  the  magistri  militom. 
(>'«^iL9:Dig.3.tit2.s.2.)  It  was  further  a 
csnaoB  cutom  eitabliahed  eren  by  the  first  em- 
pm  to  give  topnremon  of  imperial  provinces  the 
title  of  canfohrisi  inespectiTe  df  their  ever  having 
tmBeansnh.  (Soet  Aag,  33,  71&.  33,  DomU.  6  ; 
Taci^8»14,40.)  ConsoUuis  thos  gradually 
^i«caiae  the  estahliahed  title  for  those  entmsted 
rA  the  aduinittiation  of  imperial  piovinoea. 
The  empenr  Hadrian  divided  Italy  into  four  re- 
gins,  aad  over  each  he  placed  an  offioer  who  like- 
^f\m  the  title  of  eonsoUffia,  and  waa  entrusted 
vith  the  adnunistatioii  of  justice  in  his  district, 
viiQtt  he  ii  frequently  called  JwridUmt  (Spar- 
jaa.  flair.  22,  with  the  note  of  Sahnas.).  At 
yoi^'^iBtinopJe  the  title  was  given  to  the  super- 
^deati  of  the  aqoaedncts  (consulares  aqoarom), 
vhohadto  lee  that  all  public  and  private  placea 
^7^7  npplied  with  water,  and  who  seem 
tokfeheeaioalogooi  to  the  cnratores  aquarum 
M  Roae.  They  are  frequently  mentioned  in  in- 
Hiptiflu,  and  alw  in  the  Codex  of  Justmian  and 
^IwAwML  [L.S.] 

OOXTRACTUS.   [Oblioation»«.] 

WNTROVE'RSIA.  [Judkc.] 
.  C0NTUBERNA'LES(irt«na|wO.  This  word, 
0  ite  origiul  meaning,  aignified  men  who  served 
P  the  Bine  amy  and  lired  in  the  same  tent  It 
u  dsmd  fiom  fximta  (afterwards  tabemaeulmm)^ 
*Jich,ac«riing  to  Festas,  was  the  original  name 
fcr  a  militaiy  tent,  aa  it  was  made  of  boarda 

™^  EaA  tent  waa  occupied  by  ten  soldiers 
wrtterMfat),  with  a  aaboidinate  oflficer  at  their 
■^  *bo  waa  caDeddenmaif,  and  in  later  times 
"^Pioiaidendi  (Veget.  De  ifa  iV «.  ii.  8.  1 3  ; 
^,Cic.?h>Z^.7;  UiTL  Beli.  Aleig.  IS  i 

loang  Roaaoi  of  illustrious  fiimilies  used  to 
^pwy  a  distinguished  general  on  his  ezpedi- 
™J"» «  to  Wi  prorince,  finr  the  purpose  of  gaining 
7**  h»  nperintendence  a  practical  training  in 
^at  of  wv,  or  in  the  admimstration  of  public 
*™n,  jad  were,  Kke  aoldiers  living  in  the  same 
H«IWhia«afti6emifai;    (Cic  i^  CW.  30, 


CONVENTUS.  35T 

Pro  Piame.  II  ;  Suet  Oae$.  42  ;  Tacit  A^.  5  ; 
Frontm.  Strattg.  iv.  1.  11  ;  PlutarcL  Pomp,  3.) 

In  a  still  wider  aenae,  the  name  ewa/aAriiwifes 
iras  applied  to  persona  connected  by  tiea  of  mti« 
mate  friendahip  and  livinff  under  the  aame  roof 
(Cic.  Ad  Fam.  ix.  2 ;  Plm.  EpiaL  il  13) ;  and 
henee  when  a  firee  man  and  a  alave,  or  two  alavea, 
who  were  not  allowed  to  eontnct  a  legal  marriage, 
lived  together  aa  huaband  and  wile,  they  were 
called  eoattaftsnao/las/  and  their  connection,  aa  well 
aa  their  plaee  of  residence,  tiuw(aftai  ai'ai,  (Colum. 
zii  1.  3,  L  8 ;  Petnm.  Sat  96 ;  Tacit  Hiai.  I 
43,  ill  74.)  Cicero  {Ad  Att,  ziil  28)  calla  Caeaar 
the  eomimbermdia  of  Quirinua,  thereby  alluding  to 
the  fiKt  that  Caesar  had  allowed  his  own  stetue  to 
be  erected  in  the  temple  of  Quirinus  (comp.  Ad 
AtL  zil  45,  and  Suet  Cms.  76).  [L.  &] 

CONTUBE'RNIUM.       [CoifTUBXRNALBa ; 

CONCVBINA.] 

CONTUS  (Korr^r,  from  Ksrr^»,  I  prick  or 
pieree),  was,  as  Nonius  (xviiL  24)  expresses  it,  a 
long  and  strong  wooden  pole  or  staike,  with  a 
pointed  iron  at  the  one  end.  (Virg*  Am.  v.  208.) 
It  was  used  for  various  purposes,  but  chiefly  as  a 
pont-pdle  by  sailors,  who,  in  shallow  water,  thrust 
It  into  the  ground,  and  thus  poshed  on  the  boat 
(Horn.  Od,  ix.  287  ;  Virg.  (.  e.  and  vL  302.)  It 
also  served  as  a  means  to  sound  the  depth  of  the 
water.  (Festos,  a  «.  /"sroDiietoeM,  pi  214,  ed.  MUl- 
ler  ;  Donat  iad  Tarmtt,  Hae.  I  2.  2.)  At  a  later 
period,  when  the  Romans  became  acquainted  with 
the  huge  lances  or  pikes  of  some  of  the  northern 
barbarians,  the  word  eotUua  was  applied  to  that 
kind  of  weapon  (Viig.  Aem,  ix.  510  ;  Tacit  HtaU 
I  44,  ilL  27 ;  Lamprid.  Commod.  13)  ;  and  the 
long  pikea  peculiar  to  the  Sarmatiana  were  alwa3ra 
deaignated  by  thia  name.  (Tacit  Hisi,  i.  79, 
AmiaL  vL  36  ;  Stat  AeltiL  ii  416  ;  Valer.  Flae. 
vi.  162,  and  others.)  [L.  S.] 

CONVENI'RE    IN    MANUM.     [Matbi- 

MONIUM.] 

CONVENTIO'NEa  [Oblioation»«.3 
CONVENTUS  (ir^fD^ft  ffwwMria^  or  ^imi« 
yaty^i)  ia  properly  a  name  which  may  be  given  to 
any  aasembly  of  men  who  meet  for  a  certain  pur- 
pose. (PauL  Diac.  pi  42,  ed.  MOller.)  But  when 
the  Romans  had  reduced  foreign  countries  into 
the  form  of  provinces,  the  word  eomveiUua  sssumed 
a  mora  definite  meaning,  and  waa  applied  to  the 
meetings  of  the  provindala  in  certain  placea  ap* 
pointed  by  the  praetor  or  proconsul  for  the  pur- 
pose of  administering  justice.  (Cic.  m  Verr,  il  20, 
24,  30,  iv.  29,  48 ;  Cic.  ad  Fam.  xv.  4  ;  Horat 
.ai^  i  7.  22 ;  Caes.  BeH  Oh,  iL  21 ;  Hirt  Bell. 
A/r,  97.)  In  order  to  fiuilitato  the  administration 
of  juatice,  a  province  waa  divided  into  a  number 
of  diatricts  or  drcuita,  each  of  which  waa  likewise 
caUed  ooavm/M,  Jbmmj  or  JttriadieHo,  (Cic.  ta 
Verr,  il  8,  66  ;  Plin.  JEp.  x,  5  ;  Plin.  /K  M  iii 
1,  iv.  22,  V.  29.)  Roman  citiaens  living  in  a  pro- 
vince were  likewise  under  the  jurisdiction  of  the 
prooonsnly  and  accordingly  all  that  had  to  settle  an^ 
business  at  a  oonventus  had  to  make  their  appear- 
ance therew  The  towns  which  had  the  Jus  Ita- 
licum,  had  magistiates  of  their  own  wtUi  a  juris- 
dictio,  from  whom  there  was  no  doubt  an  appeal 
to  the  prooonsoL  At  certain  times  of  the  year, 
fixed  by  the  {noconsul,  the  people  assembled  in 
the  chief  town  of  the  district  To  hold  a  con- 
ventus  was  ex^ssed  by  coawaftts  agere^  peragen^ 
/brum  agercy  irjfopaJUtvs  (sc.  iu»dpas)  &7«ur,  &c* 
AA  3 


1 


S58  CORDIS. 

(Caes.  IMl  GalL  i.  54,  ▼.  1,  yiii.  46 ;  Act  Apo«t 
xix.  33.)  At  such  a  conyentos  litigant  parties 
applied  to  the  proconsul,  who  selected  a  number  of 
judges  from  the  conyentus,  generally  from  among 
the  Romans  residing  in  the  province,  to  try  their 
causes.  (Cie.  in  Verr,  ii.  13,  &c  ;  Niebuhr,  HitL 
Rom.  vol.  iih  p.  73*2.)  The  proconsul  himself  pre- 
sided at  the  trials,  and  pronounced  the  sentence 
according  to  the  views  of  the  judges,  who  were  his 
assessors  (pontUmia  or  connliarii).  As  the  pro- 
consul had  to  carry  on  all  official  proceedings  in 
the  Latin  language  (Val.  Max.  il  2.  2),  he  was 
always  attended  by  an  interpreter.  (Cic  in  Verr. 
iii.  37<  ad  Fcun,  xiii.  64.)  These  conventus  appear 
to  have  been  generally  held  after  the  proconsul 
had  settled  the  military  aflkirs  of  the  province ;  at 
least  when  Caesar  was  proconsul  of  Gaul  he  made 
it  a  regular  practice  to  hold  the  conventus  after 
his  armies  had  retired  to  their  winter-quarters. 
In  the  time  of  the  onperors  certain  towns  in 
each  province  were  appointed  as  the  seats  of 
standing  courts,  so  that  the  emffentus  were  super- 
seded. (Cod.  Just  L  tit  40.  s.  6.).  The  term  con- 
ventus is  lastly  applied  to  certain  bodies  of  Roman 
citizens  living  in  a  province,  forming  a  sort  of  cor- 
poration, and  representing  the  Roman  people  in 
their  district  or  town ;  and  it  was  from  among 
these  that  proconsuls  generally  took  their  assist- 
ants. Such  corporations  are  repeatedly  mentioned, 
as,  for  example,  at  Syracuse  (Cic  in  Verr,  ii  13, 
29,  iil  13,  iv.  25,  31,  v.  36,  &c.),  Capua  (Caes. 
De  BeiL  Civ.  i.  14  ;  Cic  p.  Sexi.  4),  Salona  (Caes. 
De  Dell.  Civ.  iii,  9),  Puteoli  (Cic  m  V€U.  5), 
and  Corduba  (Caes.  De  BelL  Civ.  ii.  19;  comp. 
Pro  VINCI  A.)  [L.  S.] 

CONVI'VIUM.      [SYMP081UM.] 

COOPTA'RE.     [Collegium.] 

CO'PHINUS  (ic^iyor,  Engl.  coJ^\  a  large 
kind  of  wicker  basket,  made  of  willow  branches. 
(Moer.  Att  and  Hesych.  s,  v.  "A^^x^^)  From 
Aristophanes  {Av.  1223)  it  would  seem  that  it 
was  used  by  the  Greeks  as  a  basket  or  cage  for 
birdsk  The  Romans  used  it  for  agricultural  pur- 
poses, and  Columella  (xi  3.  p.  460,  ed.  Dip.)  in 
describing  a  method  of  proauing  early  cucumbers, 
says,  that  they  should  be  sown  in  well  manured 
soil,  kept  in  a  cophinus,  so  that  in  this  case  we 
have  to  consider  it  as  a  kind  of  portable  hot-bed. 
Juvenal  {Sat,  iii.  14,  and  vi.  542),  when  speaking 
of  the  Jews,  uses  the  expression  eopkmue  et 
fomum  (a  truss  of  hay),  figuratively  to  designate 
their  high  degree  of  poverty.  [Oirbis.]    [L.  S.] 

CORDIS,  dim.  C!0  RBULA,  CORBICULA, 
a  basket  of  very  peculiar  form  and  common  use 
among,  the  Romans,  both  for  agricultural  and  other 
purposes.  It  was  made  of  osiers  twisted  together, 
and  was  of  a  conical  or  pyramidal  shape.  (Var.  L,  L. 
V.  1 39,  ed.  MUIIer ;  Isidor.  Orig.  xx.  9 ;  Cic  pro 
Seel.  38 ;  Ov.  Met.  xiv.  643;  Plant  AuLu.T.  4  ; 
Suet  Ner.  19.)  A  basket  answering  precisely 
to  this  description,  both  in  form  and  material,  is 
still  to  be  seen  in  everyday  use  among  the  Caim- 
panian  peasantry,  which  is  called  in  the  language 
of  the  country  ^  U  corbelhi,'^  a  representation  of 
which  is  introduced  in  the  lower  portion  of  the 
annexed  woodcut  The  hook  attached  to  it  by 
a  string  is  for  the  purpose  of  suspending  it  to  a 
branch  of  the  tree  into  which  the  man  dimbs  to 
pick  his  oranges,  lemons,  olives,  or  figs.  The 
Upper  portion  of  the  woodcut  {Antiekita  di  Er- 
QoloMo^  torn.  iiL  tav.  29)  representf  a  Roman  &rm. 


CORNU. 
in  which  a  forming  man,  in  the  slu 
ish  satyr,  is  seen  with  a  pole  (« 
his  shoulder,  to  each  end  of  which 
basket  resembling  in  every  respect  1 
eorbeUa;  all  which  coincidences  o 
and  description  leave  no  doubt  as 
of  the  term  with  the  object  represem 


COrUllTAE,  merchantmen  of  tl 
so  rallied  b^c^uAe  tljtj  huiig  nut  r 
mast-hi-nd  fi>r  a  n^,  (Fcitua  ; 
They  wtrc  alao  U-rtiied  on^sranw 
Plauhj&,  in  ordtr  to  designj^te  the 
petitea  of  Bonie  wumt'n^  >aj^  **  ^ 
comcBsc  pfKMiint'^  (C^j.  iv.  1.  20) 
notod  for  thdr  hpjivy  build  and  si 
(LydL  itp.  ,\iiB.9.T.C&rhitiw;  PlnuL 
and  carrit'd  fwiMengerB  as  wijll  as  mm 
sweriui^  to  the  lar^e  **  klucai  '^  of  th 
Ci«?n>  pmpjMfd  to  take  a  pEisfajre  ti 
vessels,  which  he  oppojsG*  to  the  tn 
packets  (actuariola^  ad  AU.  xvi  6). 
CORD  AX  (ic(Jp8a{).  [Chorus, 
CORNPCINES.  [Aenbatorb 
CORNICULA'RII.  [Exkrcit 
CORNU.  [Exkrcitus.] 
CORNU,  a  wind  instrument,  anc 
horn,  but  afterwards  of  brass.  (Van 
ed.  Miiller.^  According  to  Athenaeus 
it  was  an  mvention  of  the  Etrusca 
tvha^  it  differed  from  the  tibia  in  I 
and  more  powerful  instrument,  and 
itself^  in  being  curved  nearly  in  the 
with  a  cross-piece  to  steady  the  insti 
convenience  of  the  performer.  In 
called  crrpcyyifXti  friXirtyl.  It  had 
plugs  to  adjust  the  scale  to  any  ps 
(Bumey's  Hid.  of  Munc^  vol  i. 
entire  series  of  notes  was  produced 
or  holes,  by  the  modification  of  th 
the  lips  at  the  mouthpiece.  Probal 
description  given  of  it  in  the  poets 
our  own  horn,  an  octave  lower  thai 
The  dassicum^  which  originally  me 
rather  than  the  musical  instrument  w 
signal,  was  usually  sounded  with  the 

**  Sonuit  reflexo  dassicum  coma 
Lituusque  adnnco  stridulos  cai 
Elisit  acre"  (Sen.  i 


CORONA. 

Fnoi  wkick  imes  we  leara  the  distinction  between 
de  eonm  and  Utmms,  as  from  Ovid  (MeiawL  I  98) 
vz  lesm  that  between  the  ttiba  and  cx>ni« — 

'^  Nao  tnha  directi,  non  aeris  comua  flexi.^ 
The  fcllowing  woodcnt,  taken  from  Bartholini  (De 
rira,  pi  403),  iDiiitntes  the  abore  account.  [BJ.J 


DOROLLA.  [CoEONA.] 
OJRCVNA  (o^^^oros),  a  crown,  that  is,  a 
rjtalar  oroament  of  metal,  learea,  or  flowers, 
«xra  bj  the  andentB  round  the  head  or  neck,  and 
oied  asa  fiestiTeas  well  as  foneral  decoration,  and 
as  a  rewd  of  talent,  military,  or  naral  prowess, 
aDd  dvil  worth.  It  includes  the  synonymes  of 
tbe  spedea,  for  which  it  is  often  nsed  absolutely, 
ffTf(^«n^  (TTf^j,  OTc^Kuwfui,  eoroOo,  Mrf»m,'a 
giriand  or  wreath. 

^wJging  frwn  Horner^  silence,  it  does  not  ap- 
pear to  have  been  adopted  amongst  the  Greeks  of 
ibe  hwoic  ages  as  a  reward  of  merit,  nor  as  a 
f^Te  decoation ;  for  it  is  not  mentioned  amongst 
tbe  kruiies  of  the  delicate  Phaeacians,  nor  of  the 
niton.  But  a  golden  crown  decorates  the  head 
ol  \aaa  m  the  hymn  to  that  goddess  (1  and  7). 

Iti  first  introdoction  as  an  honorary  reward  is 
anribataWe  to  the  athletic  games,  in  some  of  which 
It  TM  bestowed  as  a  prize  upon  the  victor  (Plin. 
//.  A.  IT.  39  ;  Pindar.  Olymp,  iv.  36),  from  whence 
u  vu  adopted  in  the  Roman  circus.  It  was  the 
''dj  one  intended  for  by  the  Spartans  in  their 
gymnastie  contesta,  and  was  worn  by  them  when 
going  to  battle. 

TV  Romans  refined  upon  the  practice  of  the 
(iwis,  and  invented  a  great  variety  of  crowns 
f^rawi  of  diftrent  materials,  each  with  a  separate 
^^tioD  and  ai^iropriated  to  a  particular  purpose. 
« e  proceed  to  enumerate  these  and  their  proper- 
tio,  indnding  in  the  same  detail  an  account  of  the 
«^J«P»ding  ones,  where  any,  in  Greece. 

1.  CoaoNAOBSiDioNALis.  Among  thc  honomry 
^^  bestowed  by  the  Romans  for  military 
ejlueTenenta,  the  most  difficult  of  attainment,  and 
w  QQt  which  conferred  the  highest  honour,  was 
tae  orow  clmdiomMliM,  presented  by  a  beleaguered 
^  after  iu  bbetation  to  the  general  who  broke  up 


«^    It  was  made  of  grass,  or  weeds  and 


ihe  ^ ^^^  ^  ^^^^  ^^^ 

^  ^'reri  (Plin.  £/. /lr."ijrii."7),  tiienw  a^^ 
«*««  wiw»ia  (Plin.  ff.  iV.  xxii.  4),  and  ffmmi- 
««  9tmdmali$  (Liv.  vii.  37),  gathered  from  the 
»P9J  w  which  the  beleaguered  army  had  been 
"^^^^d^lin.  /:  a  ;  AuL  Gell.  v.  6  ;  Festua, 
»  p.  Obnikmalis)  ;  in  allusion  to  a  custom  of  the 
wL*^  "  ^^^  ^  vanquished  partv  in  a  con- 
J«  of  rtrength  or  agflity  plucked  a  handfcl  of  grass 
^  the  meadow  where  the  struggle  took  place, 
™  gare  It  to  Ws  opponent  as  a  token  of  victory. 


CORONA.  S59 

(AuL  Oell.  V.  6 ;  Plin.  H,  N,  ml  4  •  FeMos, 
*.tj  06«tfo»afi«;  Serv.  ad  Viry.  Am.  viiL  128.) 
A  lut  of  the  few  Romans  who  gained  this  honour 
IS  given  by  Pliny  (M  M  xxii  4,  5).  A  nr^ 
aentatioo  of  the  ootom  ^fraMMsa  is  introduced  in 
the  annexed  woodcut  (Guichard,  D«  Amtigmg 
Tnmi^>ki9^  p.  268  ;  compart  Hardooin.  od  Pirn, 
H,  N,  X.  68). 


II.  Corona  Civica,  the  second  in  honour  and 
importance  (Plin.  H,  N.  xvi  3),  was  presented  to 
the  soldier  who  had  preserved  the  life  of  a  Roman 
citizen  in  battle  (AuL  Gell.  v.  6),  and  therefore 
accompanied  with  the  inscription  CM  cnwm  aervatum 
(Senec.  C&hk.  l  26).  It  was  originally  made  of 
the  iieaty  afterwards  of  the  aeacfdut^  and  finally  of 
the  ^tferoM  (Plin.  H,  N,  xvi.  6),  three  different 
sorts  of  oak,  the  reason  for  which  choice  is  ex- 
phiined  by  Plutarch  {Q/uaetL  Rom,  p.  151,  cd. 
Reisk.).     It  is  represented  in  the  next  woodcut. 


As  the  possession  of  tbis  crown  was  so  high  an 
honour,  its  attainment  was  restricted  by  very 
severe  regulations  (Plin.  ff.  N.  xvi  6),  so  that 
the  following  combinations  must  have  been  satis- 
fied before  a  chiim  was  allowed :  —  To  have  pre- 
served the  life  of  a  Roman  citiaen  in  battle,  slam 
his  opponent,  and  maintained  the  ground  on  which 
the  action  took  placeu  The  testimony  of  a  third 
party  was  not  admissible;  the  person  rescued 
must  himself  proclaim  the  fiurt,  which  increased 
the  difficulty  of  attainment,  as  the  Roman  soldier 
was  commonly  unwilling  to  acknowledge  his  obli- 
gation to  thc  prowess  of  a  comrade,  aiid  to  show 

A  A    4 


560 


CORONA. 


liim  that  deference  which  he  would  be  eofmpelled 
to  py  to  his  preserver  if  the  claim  were  established. 
(Cic  Pro  Plane,  30.)  Originally,  therefore,  the 
cflfDna  civioa  was  presented  by  the  rescued  soldier 
(AuL  Gell.  ▼.  6  ;  Polyb.  vi.  37),  after  the  claim 
had  been  thoroughly  inyestigated  by  the  tribune 
who  compelled  a  reluctant  party  to  come  forward 
Hud  giye  his  eyidence  (Polyb.  L  c)  ;  but  under 
the  empire,  when  the  prince  was  the  fountain  from 
whence  all  honours  emanated,  the  civic  crown  was 
no  longer  received  from  the  hands  of  the  person 
whose  preservation  it  rewarded,  but  from  the  prince 
himself  or  his  delegate^  (Tacit  Aim,  zv.  12  ; 
compare  iiL  2.) 

The  preservation  of  the  life  o{  an  ally,  even 
though  he  were  a  king,  would  not  confer  a  suffi- 
cient title  for  the  civic  crown.  When  once  ob- 
t-iraed,  it  might  always  be  worn.  The  soldier  who 
Imd  acquired  it,  had  a  place  reserved  next  to  the 
»e]iAte  at  all  the  public  spectacles  ;  and  they,  as 
wgI[  as  the  rest  of  the  company,  rose  up  upon  his 
{entrance.  He  was  freed  from  all  public  burthens, 
AS  were  also  his  fitther,  and  his  natemal  grand- 
father ;  and  the  person  who  owed  his  life  to  him 
vraa  bound,  ever  after,  to  cherish  his  preserver  as 
n  parent,  and  afford  him  all  such  offices  as  were 
due  from  a  son  to  his  fiither.  (Polyb.  vi  37  ;  Cic. 
Pro  Plane,  80 ;  Plin.  ff.N,jm.5;  AuL  GeU.  v.  6.) 

A  few  of  the  principal  persons  who  gained  this 
reward,  are  enumerated  in  the  following  pas- 
sages :  —  Plin.  ff,  N,  vil  29,  xvl  5  ;  Liv.  vi  20  ; 
X.  46.  L.  Gellius  Publicola  proposed  to  confer  it 
upon  Cicero  for  having  detected  and  crushed  the 
conspiracy  of  Catiline  (AuL  OelL  v.  6)  ;  and  among 
the  honours  bestowed  upon  Augustus  by  the  senate, 
U  was  decreed  that  a  civic  crown  should  be  sns- 
|i{?nded  from  the  top  of  his  house  (Dion  Cass.  liii. 
16  5  Val.  Max.  iL  S.fin,  ;  Ovid.  Fast,  i.  614,  iv. 
1}5'S,  Trid,  iil  1.  6  ;  Senec.  CUm,  I  26  ;  Suet 
CcUig,  19,  compare  Claud,  17,  Tib,  26)  ;  hence  a 
rmwn  of  oak  leaves,  with  the  inscription  o6  dvea 
g^rraioif  is  frequently  seen  on  the  reverse  of  the 
Augustan  medals,  as  also  on  those  of  Oalba,  Vi- 
tellius,  Vespasian,  Trajan,  &&,  showing  that  they 
likewise  assumed  to  themselves  a  similar  honour. 

III.  Corona  Navalis  or  Rostrata,  called 
also  CLA88ICA.  (Veil  Pat  il  81.)  It  is  difficult 
to  determine  whether  these  were  two  distinct 
<;rQwn8,  or  only  two  denominations  for  the  same 
one^  Viigil  (Am.  viii.  684)  unites  both  terms  in 
one  sentence,  ^  Tempore  navali  frilgent  rottnUa 
corona.^*  But  it  seems  probable  that  the  former, 
heeides  being  a  generic  term,  was  inferior  in  dignity 
to  the  latter,  and  given  to  the  sailor  who  first 
boarded  an  enemy*s  ship  (Plin.  H.  N.  zvi.  3)  ; 
whereas  the  latter  was  given  to  a  comnuinder  who 
deitroyed  the  whole  fleet,  or  gained  any  very 
Bignal  victory.  M.  Agrippa  is  said  to  have  been 
the  first  person  who  received  the  honour  of  a  naval 
trown,  which  was  conferred  upon  him  on  his  con- 
quest of  Sex.  Pompeius  in  &c.  36  ;  though,  ac- 
cording to  other  authorities,  M.  Varro  was  the  first 
who  obtained  it  from  Pompeius  Magnus.  (Comp. 
Veil  Pat  /.  ft  ;  Liv.  EpU,  129  ;  Dion  Cass.  xlix. 
14 ;  AuL  GelL  v.  6  ;  Senec.  Db  Ben.  iil  32 ; 
Fntus,  9,v,  Naoalis  Corona;  Plin.  H,N,  viii.  31, 
xvi  4  ;  Suet  CUmd,  17.)  At  all  events,  they 
u-cre  both  made  of  gold  ;  and  one  at  least  (rottrata) 
deioreted  with  the  beaks  of  ships  like  the  roUra  in 
the  forum  (Plin.  xvi.  4),  as  seen  in  a  medal  of 
Agrippa ;  the  other  (jMioali9\  with  a  representation 


CORONA. 

of  the  entire  bow,  as  shown  in  the  saV 
cut    (Guichard.  De  Antiq.  Trimmpk.  ] 


The  Athenians  likewise  bestowed  g< 
for  naval  services  ;  sometimes  upon  th 
got  his  trireme  first  equipped,  and  at 
the  captun  who  had  his  vessel  in  th< 
(Dem.  De  Coron,  Pratf.  Nov.  pp.  2 
Schaeffer.) 

IV.  Corona  Muralis.  The  fir 
scaled  the  wall  of  a  besieged  city  w; 
by  his  commander  with  a  mund  crown. 
V.  6.  4  ;  Liv.  xxvL  48.)  It  was  made 
decorated  with  turrets  {mnri  jrinmU,  At 
as  represented  in  the  next  woodcut 
De  Antiq,  Triwmpk.  pi  265) ;  and  beii 
highest  orders  of  military  decoratioi 
awarded  to  a  claimant  unUl  after  a  m 
gation.    (Lir.  L  e,  ;  compare  Suet  Ax 


Cybele  is  always  represented  with 
upon  her  head  (Lucret  iL  607,  610  ; 
iv.  219 ;  compare  Viig.  Aen,  x.  253 
but  in  the  woodcut  annexed  (Cay 
d" Antiq,  vol.  v.  pi.  3)  the  form  of  tl 
very  remarkable,  for  it  includes  the  wl 
well  as  the  turrets,  thus  affording  a  curi< 
of  the  ancient  style  of  fortification. 


V.  Corona  Castrbnsis  or  Vali 
first  soldier  who  surmounted  the  vaUnm 
an  entrance  into  the  enemy^s  camp,  i 
manner,  presented  with  a  golden  a 
corona  oastrensis  or  vdUaris  (AuL  ( 
compaitt  VaL  Max.  L  8.  §  6),  whkli 


CORONA. 

{ with  tkc  paili«d€«  (fwffO  med  in  fonmng 
«  cDtzcBduMnt,  as  represented  in  the  annexed 
modcat.    (OnichanL  £h  Amtiq,  THm^mL  p.  266.) 


CORONA. 


Ml 


TL  Cotton  A  Taiumphalis.  Then  were  three 
B3ti  of  triumphal  crowna,  the  fint  of  which  wai 
VMS  ramd  thie  head  of  the  oonunander  daring  hie 
tTJBBph.  It  was  made  with  laurel  or  hay  leares 
(M  GdL  T.  6  ;  Orid.  PomL  iL  2.  81  ;  TibolL  i 
7.  7),  vhkh  pknt  is  freqnentlj  met  with  on  the 
■oeieat  eoiat,  both  with  the  hemes  and  without 
tlioa.  It  wae  the  latter  kind,  aceording  to  Pliny 
(//.  S.  XT.  39),  which  was  need  in  the  triumph, 
u  a  ikovn  m  the  annexed  woodcnt,  from  a  medal 
viuch  commesMiates  the  Parthian  triumph  of 
VestidiiB,  the  lieutenant  of  Antony.  Being  the 
■oit  hosoaable  of  Uie  three,  it  was  tenned  Antrao 
I  (Lhr.  TiL  13)  and  mm^hm  conma  irnm^xA- 


Tke  leeond  one  was  of  sold,  often  enriched  with 
jevek,  wfaidi  being  too  luge  and  masrire  to  he 
*«iii  VII  hdd  orer  the  head  of  the  general  during 
^  tzinsph,  by  a  public  oflktf  (mrmtt  ptMieuB^ 
Jbv.  Sat  X  41).  This  crown,  as  well  as  the 
^iraeroQe,  was  presented  to  the  nctorious  general 
bykamay. 

The  tUxd  kind,  likewiie  of  gold  and  great 
^K,  VII  Mat  as  presents  from  the  proTinces  to 
tk  camnmder,  as  soon  as  a  triumph  had  been 
^ecRcd  to  him  (Plut.  AemiL  PauL  34),  and  there- 
^  they  were  also  termed  provmeiale$,  (TertnIL 
DtCorm.  Mil  c  13.)  In  the  eariy  ages  of  the 
"epil^  these  were  gratuitous  presenti,  but  lub- 
KqvBtlj  th^  were  exacted  ai  a  tribute  under  the 
B>ne  of  amwM  canmarimn^  to  which  none  were 
atitled  bat  thoae  to  whom  a  triumph  had  been 
^Knei  The  custom  of  praienting  golden  crowns 
^  the  prorinoes  to  Tictorioni  generals  was  like- 
viK  in  ue  among  the  Greeks,  mr  they  were  pro- 
^^T  hviabed  upon  Alexander  after  his  conquest 
^  Damns  (Athen.  zii  pu  539,  a)  ;  and  the 
^tnsm  probably  bonowed  the  custom  from  the 
Mu.    [AuaiTM  CoRONARiuac] 

yiL  CoaoffA  Ova  LIS  was  another  crown  of  leis 
<*Mni,  ippnpriated  lolely  to  commanders  It 
«*•  givm  to  tboie  who  merely  deserved  an  oration. 


which  happened  when  the  war  was  net  duly  de- 
clared, or  was  carried  on  against  a  TOiy  inferior 
force,  or  with  penons  not  oonsidered  by  th^  laws 
\  lawful  e       '  ■  " 


of  nations  as  lawful  enemies,  luch  as  slsTes  and 
pirates  ;  or  when  the  victory  was  obtained  without 
danger,  difficulty,  or  bloodshed  (AuL  Cell.  y.  6  ; 
Festus,  «.  V.  OvoUm  Coroma)  ;  on  which  account  it 
was  made  of  myrtle,  the  shrub  lacred  to  Venus, 
^  Quod  non  Afovinw,  sed  quasi  Veimn$  quidam 
triumphus  foret."*  (AuL  OeU.  Le, ;  Plut  MartelL 
22  ;  compare  Plin.  H,  N.  zr.  39  ;  Dionyi.  y.  47.) 
The  myrtle  crown  is  ihown  in  the  woodcnt  an- 
nexed, from  a  medal  of  Augustus  Cae«r. 


VIII.  ConoNA  Olbaoina.  This  was  likewise 
an  hononry  wreath,  made  of  the  dive  leaf^  and 
oonforred  upon  the  aoldien  as  well  as  their  com- 
manderiL  According  to  Gellius  (y.  6),  it  was  given 
to  sny  penon  or  perMUs  through  whose  instru- 
mentidi^  a  triumph  had  been  obtained,  but  when 
they  were  not  penonally  present  in  the  action.  It 
is  represented  in  the  next  woodcnt,  from  a  medal  of 
Lepidns,  snd  vras  conferred  both  by 'Augustus  and 
the  senate  upon  the  soldiery  on  several  occasions. 
(Dion  Cass.  xlix.  14,  xlvi  40.) 


Golden  crowns,  without  any  particular  designa- 
tion, were  frequently  presented  out  of  compliment 
by  one  individual  to  another,  and  by  a  seneral  to 
a  soldier  who  had  in  any  way  distingniuied  him- 
selfl     (Liv.  viL  10,  37,  x.  44,  xxx.  15.) 

The  Greeks  in  genml  made  but  little  use  of 
crowns  as  rewards  of  valour  in  the  earlier  and 
better  periods  of  their  history,  except  as  prizes  in 
the  athletic  contests  ;  but  previous  to  the  time  of 
Alexander,  crowns  of  gold  were  profusely  distri- 
buted among  the  Athenians  at  least,  for  every 
triflinff  feat,  whether  civil,  naval,  or  military 
(Aesch.  e.  Oe$iplL\  Dem.  De  Corcm,  jximum), 
which,  though  lavished  without  much  discrimina- 
tion as  fiff  as  regards  the  character  of  the  receiving 


^CJ 


CORONA. 


.parties,  were  still  subjected  to  certain  legal  re-' 
fiirictions  in  respect  of  the  tiine,  place,  and  mode  in 
which  they  were  conferred.  They  could  not  be 
presented  but  in  the  public  assemblies,  and  with 
I  he  consent,  that  is  by  suf&age,  of  the  people,  or 
by  the  senators  in  their  coimcil,  or  by  the  tribes 
to  their  own  members,  or  by  the  htfidrai  to  mem- 
ben  of  their  own  8^/uos.  According  to  the  state- 
ment of  Aeschines,  the  people  could  not  lawfully 
prtisent  crowns  in  any  place  except  in  their  as- 
beiubly,  nor  the  senators  except  in  the  senate- 
bouse  ;  nor,  according  to  the  same  authority,  in 
the  theatre,  which  is,  however,  d^ed  by  De- 
moithenes  ;  nor  at  the  public  games,  and  if  any 
crier  there  proclaimed  the  crowns  he  was  subject 
to  drififo.  Neither  could  any  person  holding  an 
office  receive  a  crown  whilst  he  was  irtiBwoSy 
thut  is,  before  he  had  passed  his  accounts.  But 
crowns  were  sometimes  presented  by  foreign  cities 
to  particular  citizens,  which  were  termed  are^xiyoi 
^fvacol,  coronae  hospUales.  This,  however,  could 
not  be  done  until  the  ambassadors  from  those  cities 
bad  obtained  permission  from  the  people,  and  the 
piirty  for  whom  the  honour  was  intended  had  un- 
dergone  a  public  investigation,  in  which  the  whole 
eourse  of  his  life  was  submitted  to  a  strict  inquiry. 
(Acsch.  Dem.  ILcc.) 

We  now  proceed  to  the  second  class  of  crowns, 
^vhlch  were  emblematical  and  not  honorary,  at 
ii3kst  to  the  person  who  wore  them,  and  the  adop- 
tion of  which  was  not  regulated  by  law,  but 
custom.     Of  these  there  were  also  several  kinds. 

I.  Corona  Sacsrdotalis,  so  called  by  Am^ 
mianus  Marcellinus  (xxix.  5.  §  6).  It  was  worn 
Ly  the  priests  {9aoerdoies\  with  the  exception  of 
the  pontifex  Maximus  and  his  minister  {oamiUu8\ 
u&  well  as  the  bystanders,  when  officiating  at  the 
5.icrifice.  It  does  not  appear  to  have  been  confined 
to  any  one  material,  but  was  sometimes  made  of 
olive  (see  the  preceding  woodcut ;  Stat.  ThA.  iii. 
466),  sometimes  of  gold  (Prudent  Ilcpt  2r^.  x. 
iOll  ;  Tertull.  De  IdoL  18),  and  sometimes  of  the 
can  of  com,  then  termed  corona  spioea^  which  kind 
WAS  the  most  ancient  one  amongst  the  Romans 
(I'lin.  II.  N.  xviii.  2),  and  was  consecn^ted  to 
Ceres  (Hor.  Carm.  Sec.  30 ;  TibuU.  ii.  1.  4,  L  L  15), 
before  whose  temples  it  was  customarily  suspended. 
(TibuU.  L  1.  16  ;  compare  Apul.  MeL  vi.  p.  110. 
Varior.)  It  was  likewise  regarded  as  an  emblem 
of  peace  (TibulL  L  10.  67),  in  which  character  it 
nppears  in  the  subjoined  medal,  which  comme- 
morates the  conclusion  of  the  civil  war  between 
Antony  and  D.  Albinus  Brutus. 


II.  Corona  Funbbris  amd  Sbpvlchralis. 
The  Greeks  first  set  the  example  of  crowning  the 
dead  with  chaplets  of  leaves  and  flowers  (Eur. 
Pimen.  1647  ;  Schol.  ad  loc.),  which  was  imitated 
hy  the  Romans.  It  was  also  provided  by  a  law 
vf  tha  Twdve  Tables,  that  any  person  who  had 


CORONA. 

acquired  a  crown  might  have  it  pi 
head  when  carried  out  in  the  fun« 
(Cic  D6  Leg.  u.  24  ;  Plin.  H.  M,  a 
lands  of  flowers  were  also  placed  up( 
scattered  from  the  windows  under  w 
cession  passed  (Plin.  H.N.  xxL  7  ;  D 
or  entwined  about  the  cinerary  urn  ( 
30,  Demetr.  53),  or  as  a  decoratioi 
(Plin.  H.  M  xxl  3  ;  Ovid.  TrisL  ilL 
ii.  4.  48).  In  Greece  these  crowns  ^ 
made  of  parsley  {aiXiyow).  (Suida 
Timol.  26.) 

III.  Corona  Convivialis.  Th« 
lets  at  festive  entertainments  sprang 
Greece,  and  owe  their  origin  to  tli 
tjring  a  woollen  fillet  tight  round  the 
purpose  of  mitigating  the  effects  d 
(Comp.  Plant  Amph.  ilL  4.  16.)  £ 
increased  they  were  made  of  Tsrio 
shrubs,  such  as  were  supposed  to  pre 
tion ;  of  roses  (which  were  the  cho 
myrtle,  ivy,  pkilym^  and  even  pai 
Carm.  il  7.  24,  et  alibi)  The  Ron 
allowed  to  wear  these  crowns  in  po 
promiscuo,^  which  was  contnu^  to  t 
the  Greeks,  and  those  who  attemp 
were  punished  with  imprisonment. 
XXL  6  ;  compare  Hor.  i^  ii.  3.  25G 
vL  9.  ext.  1.) 

IV.  Corona  Nuptialis.  The 
(<rr4^s  yofiiiXiop,  Bion.  IdylL  i.  88] 
Greek  origin,  among  whom  it  was  nru 
pluckni  by  the  bride  herself^  and 
which  was  of  ill  omen.  Among-  th 
was  made  of  verbena^  also  gath^^ 
herself,  and  worn  under  the  ^fiammeiui 
CktroUd)  with  which  the  bride  wa 
veloped.  (Catull.  Ixi.  6.  8 ;  Cic  De 
The  bridegroom  also  wore  a  chaplet 
iv.  1.  9.)  The  doors  of  his  house  ^ 
decorated  with  gariands  (CatnU.  Ixi 
Sat.  vi.  51,  227),  and  also  the  bridal 

V.  Corona  Natalitia,  the  chap 
over  the  door  of  the  vestibule,  both  i 
of  Athens  and  Rome,  in  which  a  ch 
(Jut.  SaL  ix.  85;  Meursius,  Attie. 
At  Athens,  when  the  infant  was  ma 
was  made  of  olive ;  when  female,  of  v 
s.  V.  ^r4^Hwos) ;  at  Rome  it  was  of  ] 
parsley  (Bartholin.  De  Pmerp.  p.  127; 

Besides  the  crowns  enumerated, 
few  others  of  specific  denomination 
ceived  their  names  either  from  the 
which,  or  the  manner  in  which,  th< 
posed.     These  were  — 

I.  Corona  Lonoa  (Cic  De  Le^ 
Fast,  iv.  738),  commonly  thought 
what  we  call  fsttootie^  and  as  such  i 
been  chiefly  used  to  decomte  tombs, 
triumplial  cars,  houses,  &c  Bat  th 
have  had  a  more  precise  meaning,  i 
bably  called  longa  frtnn  its  greater  si: 
a  circular  string  of  anjrthing,  like  t 
used  by  the  lower  orders  in  Catholi 
reckon  np  their  prayers,  which  in 
called  la  corona^  doubtless  tracing  iu 
corona  Umga  of  their  heathen  ancesi 
description  it  answers  exactly. 

II.  Corona  Etrusca,  a  golden  a 
imitate  the  crown  of  oak  leaves,  i 
gems,  and  decorated  with  ribbons 


CORPUS  JURIS  CIVILIS. 

tia  of  gold.  (Piiii.  H,  N.  zxL  4,  zxxiiL  4.)  Any 
oQvii  ^stoMid  with  these  ribboDB,  whether  real 
crartifidanT  lepRMHted,  was  also  tenned  ooroaa 
Insue^^  a  fpcdnen  of  which  k  giTcn  by  Gayliu 
^^Bxrml  i'Awikf,  tqL  y.  pi.  67.  Na  3). 

III.  CoftoRA  Pactius  (Plin.  H.  ^.  zxi.  8), 
^ofaaUj  the  Mine  at  the  oaraaa  jnJoefBlw  of  Plantiu 
(^beeiil.  37),«anM»tona(Pnpert.iii20.  18, 
ei  Koiaod),  fibsm  (An].  GelL  xWii.  2),  and  ai 
lis  ^c^dMt  vAcacroi  and  jcvAiot^  oTc^Miyos  of 
tk  Greeks.  It  was  made  of  flowen,  shrabi, 
trass,  ITT,  wool,  or  any  flexible  material  twisted 

W.  Corona  Sunua^  the  crown  naed  by  the 
Ssji  at  their  fiestrvaL  It  was  made  in  the  first 
3aiaKt  «f  asy  kind  of  flowers  sowed  together, 
stead  of  bciii^  wreathed  with  their  leaTes  and 
tuUu;  bat  nhseqncntly  it  was  confined  to  the 
R«e  air,  the  choicest  leaves  of  whidi  were 
»(4ccsed  fran  the  whole  flower,  and  sowed  together 
bf  atkilfiil  hand,  so  as  to  fonn  an  ekgant  c^let. 
(Plk^.MzzL8.) 

V.  CoaoxA  ToNSA  or  Tonsilu  (Viig.  Ae$^ 
r.  5o€)  was  made  of  leaves  only,  of  the  olive  or 
iaiad  ibr  iastanoe  (Serr.  ml  Virg.  Cfeorg.  iil  21), 
ifid  M  called  in  distinction  to  naafis  vtd  others, 
b  Thkh  the  whole  braneh  was  inserted. 

VI.  CoBONA  Radiata  (Stst  Jleb.  L  28)  was 
tk  ooe  given  to  the  gods  and  deified  heroes,  and 
tmed  by  soow  of  the  empeion,  as  a  token  of 
dieir  drfiidty.  It  may  be  seen  on  the  coins  of 
Injas,  Csiigiihs  M.  Anrelins,  Valvins  Probvs, 
Tlieodflsiiia,  &c^  and  is  given  in  the  woodcut  an- 
aeied,  £nai  a  medal  of  M.  Antonios. 


VII.  Tllh  crvwn  of  vine  leaves  (pampnud)  was 
fP«»pnited  to  fiacchns  (Hor.  Oarm,  iiu  25.  20, 
n.  1  S3),  ud  considered  a  symbol  of  ripeness 
"fliraduflg  to  decay ;  whence  the  Roman  Imight, 
^^  he  saw  Claudius  with  snch  a  crown  upon 
kuhead,  sngared  thai  he  would  not  survive  the 
x^am.  (Tadt  Amu  xL  4 ;  compare  Artemidor. 
i.  79.)  [A.  R.] 

COR(yNIS  (copMrfy),  the  cornice  of  an  entabla- 
^'^  tt  pnpeily  a  Gredc  word  signifying  anything 
carved  (SchoL  ad  Ari^topk.  PImL  253  ;  Hesych. 
i-C'V  U  is  sko  usrd  by  Latin  WTita^  bat  the 
^xmt  LatDi  word  for  a  eonnQs  is  coroaa  or  oo/ro- 
«»  (Viim.v.2,3.)  [P.  3.] 

CORPORA'TL  CORPORA'TIO,  [Col- 
i-Kica.] 
CORPUa  [CoLLBoroM.] 
CORPUS  JURIS  CIVI'LIS.  The  three  great 
conpilatioasof  Justinian,  the  Institutes,  the  Pan- 
^  wDi^est,  and  the  Code,  together  with  the 
navrilae,  fim  ooe  body  of  law,  and  were  considered 
«  nch  hy  the  ^osBirtioces,  who  divided  it  into  five 


CORPUS  JURIS  CIVILIS.  M8 
volumma.  The  Digest  was  distributed  into  three 
volnmina,  under  the  respective  names  of  Digestum 
Vetus,  Infortiatam,  and  Digestum  Novum.  The 
fourth  volume  contained  the  first  nnie  books  of  the 
Codex  Repetitae  Pmelectionis.  The  fiAh  volume 
contained  the  Institotes,  the  Liber  Authenticorum 
or  NoveI]ae,and  the  three  last  books  of  the  Codex. 
The  division  into  five  volnmina  appears  in  the 
oldest  editions  ;  but  the  usual  arrangement  now  is, 
the  Institutes,  Digest,  the  Code,  and  Novellae. 
The  name  Corpus  Juris  Civilis  was  not  given  to 
this  coUectioa  by  Justinian,  nor  by  any  of  the 
glosaatores.  Savigny  asserts  that  the  name  was 
used  in  the  twelfth  century :  at  any  rate,  it  be» 
came  common  fiom  the  date  of  the  edition  of  D. 
Oothofredus,  1604. 

Most  editions  of  the  Corpus  also  contain  the  fol- 
lowii^  matter :  — Thirteen  edicts  of  Justinian,  five 
constitutions  of  Justin  the  younger^  several  consti- 
tutions of  Tiberius  the  yoanger,  a  series  of  consti- 
tutions of  Justinian,  Justin,  and  Tiberius  ;  1 J  3 
Novellae  of  Leo,  a  constitution  of  Zeno,  and  a 
number  of  constittttioDS  of  different  emperors,  under 
the  name  of  BcuriXucol  Aurrd^cir  or  Iraperatoriae 
Constitutiones ;  the  Canones  SaiKtonmi  et  vene- 
randorum  Apostdlorum,  Libri  Feudorum,  a  oonsti- 
tation  of  the  emperor  Frederick  II.,  two  of  the 
emperor  Henry  VII.  called  Extmvagantes,  and  a 
Liber  de  pace  Constantiae.  Some  editions  also 
contain  the  fragments  of  the  Twdve  Tables,  of  the 
praetorian  edict,  &c. 

The  Roman  kw,  as  received  in  Europe,  consists 
only  of  the  Coipos  Juris,  that  is,  the  three  compila- 
tions of  Justinian  and  the  Nordlae  which  were  is* 
sued  after  these  oompihitions ;  and  further,  this  Cor- 
pus Juris  is  onlyreceived  within  the  limits  and  in  (he 
form  which  was  given  to  it  in  the  school  of  Bologna. 
Accordingly,  all  the  Ante-Justinian  law  is  now 
excluded  from  all  practical  application ;  also,  the 
Greek  texts  in  the  Digest,  in  the  place  of  which 
the  translations  reccired  at  Bologna  are  substi- 
tuted ;  and  farther,  the  few  unimportant  restora- 
tions in  the  Digest,  and  the  more  important  resto- 
mtions  in  the  Codex.  Of  the  three  collections  of 
Novellae,  that  only  is  received  which  is  called 
Autheuticum,  and  in  the  abbreviated  form  which 
was  given  to  it  at  Bologna,  called  the  Vulgata. 

But,  on  the  other  hand,  then  are  received  the 
additions  made  to  the  Codex  in  Bologna  by  the 
reception  of  the  Authentica  of  the  Emperors 
Frederick  I.  and  II.,  and  the  still  more  numerous 
Authentica  of  Imerius.  The  application  of  the 
matter  comprised  within  these  limits  of  the  Corpus 
Juris  has  not  been  determined  by  the  school  of 
Bologna,  but  by  the  operation  of  other  principles, 
such  as  the  customary  law  of  different  European 
countries  and  the  development  of  law.  Various 
tities  of  the  Corpus  Juris  have  little  or  no  appli- 
cation in  modem  times ;  for  instance,  that  part  of 
the  Roman  law  which  concerns  otmstitutional  formi 
and  administration.  (Savigny,  Sifttem  dn  liemL 
Romiteken  Recht$^  vol.  i.  p.  66.) 

Some  editions  of  the  Corpus  Juris  are  published 
with  the  gloBsae,  and  some  without  The  latest 
edition  with  the  glossae  is  that  of  J.  Fehins,  Lugd. 
1627,  six  vols,  folia  Of  the  editions  without  the 
glossae,  the  most  important  are — that  of  Russardus, 
Lugd.  1560 — 61,  folio,  which  was  several  times 
reprinted  ;  Contius,  Lugd.  1571  and  1581, 15  vols. 
12mo ;  Lud.  Charondae,  Antw.  ap.  Christ.  Plantin, 
1575,  folio ;  Diony^  Gothofredi,  Lugd.  1583, 4to, 


364 


CORYBANTICA. 


ftf  which  there  are  Tarious  editions,  one  of  the  best 
bySinhVan  Leeuwen,  Amst  1663,  folio  ;  O.  Chr. 
Q  ebaaeri,  cnra  O.  Aog.  Spongenberg,  Ooetting.  1 7  76 
—1797,  2YolB.4to;  Schnder,  1  toL  4tQ,  Berlin, 
1632,  of  which  only  the  Institutes  are  yet  published. 
For  further  infbrniation  on  the  editions  of  the 
Corpus  Juris  and  its  seyeral  portions,  see  Bocking, 
ImtUuHonenj  p.  78,  &c^  and  Mackeldey,  Lekrimck, 
&e.§97,a,12thed.  [G.  L.] 

CO'RREUS.      [OBLIOATIONX&] 

CORTI'NA.  1.  In  ito  primary  sense,  a  \ai^ 
circular  Tessel  for  containing  liquids,  and  used  in 
dyeing  wool  (Plin.  ff.  N.  ix.  62),  and  receiTing 
dil  when  it  first  flows  from  the  pr^ss.  (Cat.  De 
Me  Ru$L  66.)  2.  A  rase  in  wnich  water  was 
curied  round  the  circus  during  the  games  (Plaut 
Poetu  V.  5.  12),  for  the  use  of  the  horses,  drirers, 
or  attendants.  See  the  cut  on  p.  284,  in  which  two 
of  the  children  thrown  down  by  the  horses  are 
furnished  with  a  vessel  of  this  kind.  3.  The  table 
or  hollow  slab,  supported  by  a  tripod,  upon  which 
the  priestess  at  Delphi  sat  to  deliyer  her  responses; 
and  hence  the  word  is  used  for  the  oracle  itsel£ 
<  V^irg.  Aen.  vL  347.)  The  Romans  made  tables  of 
marble  or  bronze  after  the  pattern  of  the  Delphian 
tripod,  which  they  used  as  we  do  our  sideboards, 
far  the  purpose  of  displaying  their  plate  at  an 
entertainment,  or  the  valuables  contained  in  their 
temples,  as  is  still  done  in  Catholic  countries  upon 
the  altars.  These  were  termed  oorHnae  Detpkioae^ 
ttrDelpkioae  simply.  (Plin.^.iV:xxxiY.  8  ;  Schol 
iid  Hor.  Sai,  I  6.  116;  Mart  xiL  66.  7;  Suet. 
A  ag,  52.)  4.  From  the  conical  form  of  the  vessel 
which  contains  the  first  notion  of  the  word,  it 
came  also  to  signify  the  vaulted  part  of  a  theatre 
OTf>r  the  stage  {moffiti  cortina  theatric  Sever,  m 
Aftn,  294),  such  as  is  in  the  Odeium  of  Pericles, 
the  shape  of  which  we  are  expressly  told  was 
made  to  imitate  the  tent  of  Xerxes  (Pans,  i  20. 
%  3 ;  Plut  PericL  13);  and  thence  meti^orically 
for  anything  which  bore  the  appearance  of  a  dome, 
as  the  vault  of  heaven  (Ennius,  a/>.  Var,  De  Lmg. 
IM.  viii.  48,  ed.  MUller) ;  or  of  a  circle,  as  a 
group  of  listeners  surrounding  any  object  of  at- 
tTciction.     (Tacit  De  OraL  19.)  [A.  R.] 

CORYBANTES  (leop^oyrfj).  The  history 
and  explanation  of  the  deities  bearing  this  name, 
in  the  early  mythology  of  Greece,  cannot  be  given 
itt  this  place,  as  it  would  lead  us  to  enter  into  his- 
t4>rical  and  mythological  questions  beyond  the 
liniits  of  this  Dictionary.  TheCorybantes,ofwhom 
w^  have  to  speak  here,  were  the  ministers  or  priests 
of  Rhea  or  Cybele,  the  great  mother  of  the  gods, 
who  was  worshipped  in  Phrygia.  In  their  solemn 
festivals  they  disphiyed  the  most  extravagant  fiuy 
In  their  dances  in  armour,  as  well  as  in  the  ac- 
companying music  of  flutes,  cymbals  and  drums. 
(Sliab.  X.  p.  470.)  Hence  K0fnf€eunrifffi6s  was  the 
name  given  to  an  imaginary  disease,  in  which  per- 
Etons  fdt  as  if  some  great  noise  was  rattling  in  their 
oan.  (Plato,  CriiOy  p.  54.  d.,  with  Stallbaum's 
note.)  [L.  S.] 

CORYBA'NTICA  (KOffufayrucd^  a  festival 
mid  mysteries  celebrated  at  Cnossus  in  Crete,  in 
{.commemoration  of  one  Corybas  (Strab.  x.  p.  470.), 
who,  in  common  with  the  Curetes,  brought  up  Zeus 
and  concealed  him  firom  his  fother  Cronos  in  that 
iiland.  Other  accotmts  say  that  the  Corybantes, 
ULoe  in  number,  independent  of  the  Curetes,  saved 
and  educated  Zeus ;  a  third  legend  (Cic.  De  Nat. 
JDeor.  iii  23)  states  that  Corybas  was  the  &ther 


COSMETAK 
of  the  Cretan  Apollo  who  disfmted  th 
of  the  ishind  with  Zeus.  But  to  w 
traditions  the  festival  of  the  Coryban 
origin  is  uncertain,  although  the  fin 
current  in  Crete  itself^  seems  to  be 
to  the  honour.  All  we  know  of  the 
is,  that  the  person  to  be  initiated 
on  a  throne,  and  that  those  who  i 
formed  a  circle  and  danced  around 
part  of  the  solemnity  was  called  bp6t 
vtffii6s.  (Pkito,  EtUkydem,  p.  277,  d. 
sost  OraL  xii  p.  387  ;  Prtidus, 
vi  13.) 
CORYMBUa  CORY'MBIUW 
CORVUS,  a  sort  of  crane,  used  1 
against  the  Carthaginian  fleet  in  the 
off  Mykie,  in  Sicily  (b.c.  260).  The 
are  told,  being  unused  to  the  sea,  sa^ 
only  chance  of  victwy  was  by  bringis 
to  resemble  one  on  land.  For  this  ; 
invented  a  machine,  of  which  Polybiu 
left  a  minute,  although  not  very  pen 
scription.  In  the  fore  part  of  the  a 
pole  was  fixed  perpendicularly,  twentj 
height  and  about  nine  inches  in  diam 
top  of  this  was  a  pivot,  upon  which  a 
set,  thirty-six  feet  in  length  and  fofur 
The  ladder  was  guarded  by  cross-bea 
to  the  upright  pole  by  a  ring  of  wood,  i 
with  the  pivot  above.  Along  the  la 
was  passed,  one  end  of  whidi  took 
eorvHt  by  means  of  a  ring.  The  oom 
a  strong  piece  of  iron,  with  a  spike 
which  was  raised  or  lowered  by  dr 
letting  out  the  rope.  When  an  ei 
drew  near,  the  machine  was  turned  o 
means  of  the  pivot,  in  the  direction  ol 
ant  Another  part  of  the  machine  whi 
has  not  clearly  described  is  a  breastwm 
(as  it  would  seem)  from  the  ladder, 
as  a  bridge,  on  which  to  board  the  enc 
(Compare  Curtius,  iv.  2.  4.)  By  met 
cranes  the  Carthagmian  ships  were  ei 
or  closely  locked  with  the  Roman, 
gained  a  complete  victory. 

The  word  eorvus  is  also  applied  to  ▼ 
of  grappling-hooks,  such  as  the  eorvi 
mentioned  by  Vitruvius  (x.  19)  for  p 
walls,  or  the  terrible  enffine  spoken  oi 
(HisL  iv.  30),  which  bemg  fixed  on  tl 
fortified  place,  and  suddenly  let  down 
one  of  the  besieging  party,  and  then  1 
the  machine  put  him  down  within  the 
word  is  used  by  Celsus  for  a  scalpel 
necessary  to  remark  that  all  these  mc 
their  origin  in  the  supposed  resembl 
various  instruments  to  Uie  beak  of  a  n 
CORY'TOa  [ARCU8,p.l26.a.] 
COSME'TAE,  a  class  of  slaves  am 
mans,  whose  duty  it  was  to  dress  and  i 
( Juv.  SaL  vi  476.)  Some  writers  on 
and  among  them  Bdttiger  in  his  Sal 
have  supposed  that  the  cosmetae  i 
shives,  but  the  passage  of  Juvenal  is 
cient  to  refiite  this  opinion;  for  it  n 
tomary  for  female  slaves  to  take  off 
when  a  punishment  was  to  be  inflicted 
There  was,  indeed,  a  dass  of  female 
were  employed  fiir  the  same  porposo 
metae ;  but  they  were  called  eoemeir 
which  Naevius  chose  as  the  title  foi 


COSHL 
(See   Hemdflr^   ad    HcraL    SaL  I 

tn,)  [L.S.] 

COSMET^  (iMynir^X  an  officer  in  the 
AMu  Gymnatt  in  the  time  of  the  Romana. 

[GTMyJl8IUll.j 

C06MI  (c^vyim),  the  chief  magiatntea  of 
Octfe.  It  ii  pnpiMed  nader  thia  head  to  gire  a 
brkf  KooaBt  of  the  Cietan  oooatitation. 

Tbe  toad  and  political  inatifcatiaDa  of  Crete 
nre  so  oopieteiy  Dorian  in  charaeter,  and  ao 
caikr  lo  the  Spaitui,  that  it  waa  a  dispoted  point 
ms^  tke  andoiti  whether  the  Spartan  conad- 
uti«bd  iu  Qqgim  there,  or  the  Cretan  waa  trana- 
femdfrmLaeania  to  Crete.  The  hiatorian  Eplionia 
(lip.  Stnk  X.  p.  482)  ezprcMlj  atatea  that  the 
S^stu  indtDtioBt  bad  their  origin  in  Crete,  hat 
mc  perfected  and  coBipieied  in  Sparta ;  to  that 
tkre  ii  good  reason  ibr  the  aaMrtion  of  MiiUer 
{Ikrim,  E  I.  §  8X    *'that  the  oonatitation 
Voided  oa  the  prindpiea  of  the  Doric  race,  waa 
t^  fint  BMRdded  into  a  conaiatent  shape,  bat 
nee  in  a  bmr  simple  and  antiquated  form  than 
kSfanaatasahseqaentperiod.**   Thnamnch,at 
BIT  me,  ve  know  far  certain,  that  there  were 
Qnaa  Doriaa  cities  in  the  island,  the  political 
unsfCBKati  of  which  so  doaeljr  resembled  each 
ither,  Uat  oDefbnn  of  gorenuaent  waa  ascribed  to 
ifl.  (ThiriwaU,  Atit  Cfneoe,  toL  L  p.  284.)     In 
tke  euiieet  ages  of  which  we  have  historical  in- 
feraatisD,  thia  was  an  aristocTBcj  conaistiBg  of  three 
eoiB^aai  bodies,  the  Cbaan;  the  Genaia  (rcpov- 
mi,  aad  the  Ecdmia  {iKkXavria),     The  coami 
icn  ten  in  anaher,  and  are  by  Aristotle  {PcL  u. 
"tX  Ephoros  (apu  Stnb.  I  e,\  and  Cieero  {dM  Rep. 
ii  33)  eoB^aied  to  the  ephors  of  Sparta.     MlUler, 
\smtm  (in.  8L  S 1)  comparea  them  with  the  Spartan 
kiaojind  Rppoaes  them  to  have  succeeded  to  the 
faactini  of  the  kingly  office ;  which  Aristotle 
OnbUy  aDnding  to  the  age  of  Minoa)  tells  na 
m  It  one  time  established  in  Crete.    These  oosmi 
«ER  tea  in  mmber,  snd  chosen  not  from  the  body 
cf  tke  people,  hot  from  certain  y^  or  hooMS, 
▼bcb  veie  fnobably  of  more  pure  Doric  or  Acbaian 
^eseeottba  their  ndghboua.    The  fiiat  of  them 
ID  adcvas  called  iVotoooflmfs,  and  gare  hia  name 
to  tke  year.   They  commanded  in  war,  and  alao 
rnhMedthehoaioefla  of  the  atate  with  the  repre- 
Mtadei  and  aadmrnadorB  of  other  dties.     With 
i«|cct  to  the  domestic  goyemment  of  the  state, 
tber  appear  to  bave  exercised  a  joint  authority 
vitli  the  members  of  the  gemaia,  as  they  are  said 
te  hxt  eomnlted  with  them  on  the  moat  important 
■iUm.  (Ephor.  I  c)    In  the  timea  subsequent 
to  tU  age  of  Alexander,  they  alao  performed  cer- 
tain dutjee  which  bore  a  resemblance  to  the  intro- 
*«ia  of  the  lawraits  into  eoort,  by  the  Athenian 
aip«ateaL  (Mffller,/.*)    Their  period  of  office 
^  >  yar ;  hut  any  of  them  during  that  time 
Digbt  tnign,  and  waa  alao  liable  to  deposition  by 
|u>  ofleancs.    In  aome  caaes,  too,  they  might  be 
wiitted  &r  neglect  of  their  dutiea.     On  the  whole, 
we  »y  condade  that  they  formed  the  execntiTe 
■aehief  power  in  most  of  the  dties  of  Crete. 

TlieG«iri^o|.  eanngji  of  elders,  called  by  the 
Cmaas  BmU,  consiated,  according  to  Ariatotle 
|™>"-  ?X  of  thirty  members  who  had  formeriy 
««  «iBi,and  were  in  other  respects  approred  of 
(Ttt  iXKi  Uu^  K^iuiw^  Ephor.  /.  c).  They 
"ttowri  their  office  for  life,  and  are  said  to  hare 
«Goded  b  an  matteia  that  came  before  them«  ac- 
•oa*  t»  thdr  ova  jndgment,  and  not  agreeably 


COSMT. 


M 


to  any  fixed  code  of  laws.  They  an  alao  aid  to 
have  been  iiresponaible,  which,  howeyer,  hardly 
impliea  that  they  were  independent  of  the  **  un- 
written law  **  of  custom  and  uaage,  or  uninflnenced 
by  any  fixed  prindpiea.  (Thiriwall,  HiaL  Cfrmee^ 
ToLLpil8(>.)  Onimportiaitooca8iona,aswehaTe 
before  remarked,  they  were  i<6ftifo¥K»i^  or  council- 
brs  of  thecoamL 

The  democratic  element  of  the  ICoelmia  was  al- 
most powerless  in  the  oonatitatioD ;  its  pririlegea, 
too,  seem  to  hare  been  merely  a  matter  of  form  ; 
for,  as  Aristotle  obaerrea,  it  exercised  no  function 
of  government,  exoept  ratiiying  the  decreea  of  the 
ydpom-ts  and  the  acdcfiof.  It  is,  indeed,  not  im- 
probable that  it  waa  only  summoned  to  give  its 
sanction  to  these  decrees;  and  though  tus  may 
i^>pear  to  imply  the  power  of  withhobing  assent, 
still  the  force  <i  habit  and  custom  would  prevent 
such  an  altematire  being  attempted,  or,  perhaps, 
even  thought  oC  (ThiriMl,  toL  i  p.  286  ;  05tt- 
ling,  EtBcmnm*  ad  ArUki.  ii  7.) 

fwm  these  obserrations,  it  is  clear  that  the 
Cretan  constitution  waa  formeriy  a  Dorian  aristo- 
cxBcy,  which,  in  the  age  of  AriMotle.  had  degene- 
rated to  what  he  calls  a  8wa0Tcu^  t.  a.  a  gorem- 
ment  vested  hi  a  few  privileged  fiuniliea.  These 
quarrelled  one  amongst  the  other,  and  raised  Ac- 
tions or  parties,  in  wkich  the  demus  joined,  so  that 
the  constitution  waa  frequently  broken  up,  and  a 
temporary  monarehy,  or  rather  anarchy,  established 
on  its  ruins.  The  eoami  were,  in  foct,  often  de- 
by  the  most  powerful  dtixens,  when  the 
wished  to  impede  the  course  of  justice 
against  themsdTes  (/(^  tovwai  Siacos),  and  an 
otiaaitUk  then  ensued,  without  any  Iqgjal  magia> 
trates  at  the  head  of  the  state. 

In  the  time  of  Polybins,  the  power  of  the  aris- 
tocracy had  been  completely  oyerthrewn ;  fior  he 
tells  us  that  the  election  of  the  magistrates  waa 
annual,  and  determined  by  democratioJ  prindpiea. 
(Polyb.  yi.  44.)  In  other  reraects  also,  he  points 
out  a  diflferenoe  between  the  matitutiona  of  Crete 
and  those  of  Lycurgus  at  Sparta,  to  which  they 
had  been  compared  by  other  writers. 

Miiller  observes  that  the  coami  were,  so  fiir  as 
we  know,  the  chief  magistrates  in  all  the  dties  of 
Crete,  and  that  the  constitution  of  these  cities  was 
in  all  essential  points  the  same — a  proof  that  their 
political  institutions  were  determined  by  the  prin- 
dples  of  the  governing;  t.  e,  the  Doric  race. 

The  social  relations  of  the  Cretans  seem  to  have 
been  almost  identical  with  those  of  the  Spartans. 

Tke  inhabitants  of  the  Dorian  part  of  tiie  island 
were  divided  into  three  classes,  the  freemen,  the 
perioed  or  dwi^ooi,  and  the  alavea.  The  second 
dass  was  as  old  as  the  time  of  Minos,  and  was 
undoubtedly  composed  of  the  descendants  of  the 
conquered  population  ;  they  lived  in  the  rural  dis- 
tricts, round  the  wd\cts  A  the  conqnerora ;  and, 
though  peraonally  free,  yet  exerdaed  none  of  the 
privileges  or  influence  of  dtixens,  dther  in  the 
administration  and  enactment  of  the  laws,  or  the 
use  of  heavy  arms.  They  occupied  certain  lands, 
for  which  they  paid  a  yearly  tribute  or  rent,  aup- 
poaed,  from  a  atatement  in  Athenaeus  (iv.  pi  143), 
to  have  been  an  Aeginetic  stater.* 


*  The  expression  of  Doeiadas,  rdv  ho^Xmv 
Sacmrros,  probably  refers  to  the  perioeci,  SovXoi 
being  used  as  a  generic  term  for  those  who  were 
not  nill  aad  free  dtiaena. 


366  COTHURNU& 

The  d&Tes  were  dirided  into  two'claases,  the 
pvilAit  bondsmen  (yi  kou^  9ov\€ia\  and  the  slaves 
of  individuals.  The  former  were  called  the  /uy£a, 
fufoiof  fivuta,  or  Mtyuita  <r{n'o9os :  the  latter,  &^ 
^^Tsu,  or  KXapArcu,  The  i/^afuMTot  were  so 
named  from  the  cultivation  of  the  lots  of  land,  or 
^fa^iou,  assigned  to  private  citizens,  and  were 
therefore  agricultural  bondsmen  {ol  tear*  hrYp6v^ 
Athcn.  tL  p.  263).  The  /uyoia  was  distinguished, 
by  more  precise  writers,  both  from  the  perioeci 
nt]d  the  aphamiotae  ;  so  that  it  has  been  concluded 
tkit  every  state  in  Crete  possessed  a  public  do- 
main, cultivated  by  the  mnotae,  just  as  the  private 
allitments  were  by  the  bondsmen  of  the  individual 
prupHetors.  The  word  tiyoloy  as  Thiilwall  has 
ivniarked,  is  more  probably  connected  with  8/u»s 
tb£in  Minos. 

The  origin  of  the  class  called  tiyoioy  and  the 
ftAo/j^oi,  was  probably  twofold  ;  for  the  analogy 
of  tuher  cases  woidd  lead  us  to  suppose  that  they 
coiiisisted  portly  of  the  slaves  of  the  conquered 
£n?cmra  of  the  country,  and  partly  of  such  freemen 
as  rogo  against  the  conquerors,  and  were  by  them 
reduced  to  bondage.  But  besides  these,  there  was 
also  a  class  of  household  servants  employed  in 
menial  laboiu^  and  called  xpvo-ciKirroi :  they  were, 
m  their  name  denotes,  purchased,  and  imported 
from  foreign  coim tries.  [R.  W.] 

COTHURNUS  (,K6eopvos\  a  boot  Its  essen- 
tial distinction  was  its  height ;  it  rose  above  the 
middle  of  the  leg,  so  as  to  surround  the  calf  {aUe 
tui-iis  vmctre  cothumo^  Virg.  Aen,  i.  337),  and 
samctimes  it  reached  as  high  as  the  knees.  (Millin, 
TtMsfi*  Ant.  vol.  L  pL  20  and  72.)  It  was  worn 
priucipally  by  horsemen,  hunters,  and  by  men  of 
rank  and  authority.  The  ancient  marbles,  repre« 
Kilting  these  different  characters,  show  that  the 
Ciiitluimus  was  often  ornamented  in  a  very  tasteful 
ai^d  f;Uborate  manner.  The  boots  of  the  ancients 
wei^  laced  in  front,  and  it  was  the  object  in  so 
daing  to  make  them  fit  the  leg  as  closely  as  pes- 
iibl^  It  is  evident  from  the  various  represent- 
aLioiii  of  the  cothurnus  in  ancient  statues,  that  its 
Bfll>°  was  commonly  of  the  ordinary  thickness.  But 
It  \ym  sometimes  made  much  thicker  than  usual, 
pniljsiltly  by  the  insertion  of  slices  of  cork.  (Serv. 
Ill  Virg.  Eel,  IL  cc.)  The  object  was  to  add  to  the 
apparent  stature  of  the  wearer  ;  and  this  was  done 
either  in  the  case  of  women  who  were  not  so  tall 
fi«  they  wished  to  appear  (Juv.  Sat.  vi.  507),  or  of 
the  actors  in  Athenian  tragedy,  who  assumed  the 
cotbunius  as  a  grand  and  dignified  species  of  cal- 


COTTABOS. 

ceamentum,  and  had  the  soles  made 
thick,  as  one  of  the  methods  adopted 
magnify  their  whole  appearanoe.  (Vii^; 
10  ;  Hor.  Sat.  i.  5.  64  ;  An  PoeL  28C 
tragedy  in  general  was  called  ooUna 
Trist.  u.  1.  3d3  ;  Juv.  vi  633,  zv.  29.) 

As  the  cothurnus  was  commonly  woi 
ing,  it  is  represented  both  by  poets  and 
as  part  of  the  costume  of  .Diana.  Il 
attributed  to  Bacchus  (Yell.  PjL  IL  8! 
Mercury  (Hamilton's  Fosm,  voL  iil  pL 
preceding  woodcut  shows  two  cothnmi 
tues  in  the  Museo  Pio-Clementino  (voL 
and  vol.  iil  pi.  38). 

CO'TTABOS  (Ionic  icitrtraSos  or  & 
social  game  which  was  introduced  from 
Greece  (Athen.  zv.  p.  666),  where  it  b 
of  the  fovourite  amusements  of  young  p 
their  repasts.  The  simplest  way  in  wh 
ginally  was  phiyed  was  this :  —  One  of 
pany  threw  out  of  a  goblet  a  certain  <; 
pure  wine,  at  a  certain  distance,  into  a  m 
endeavouring  to  perfcnrm  this  exploit 
manner  as  not  to  spill  any  of  the  wine, 
was  doing  this,  he  either  Uiought  of  or  p 
the  name  of  his  mistress  {E^ymoL  I 
KoTra6iCo»\  and  frt>m  the  more  or  lesi 
pure  sound  with  which  the  wine  struck  a 
metal  basin,  the  lover  drew  his  oondusioi 
ing  the  attachment  of  the  object  of  bis  1< 
sound,  as  well  as  the  wine  by  which  it 
duced,  were  called  Xiira|  or  KirralSos : 
basin  had  varions  names,  either  Korrdgic 
TaS€7ov^  or  Kararyuov,  or  x^^**"'"*  ^ 
or  (TKdpri.  (Pollux,  vi.  109 ;  EiymoL  A 
Athen.  xv.  p.  667.  sub  fn.)  The  action 
ing  the  wine,  and  sometimes  the  goblet  i 
called  &7ici;Ai),  because  the  persons  engsj 
game  turned  round  the  right  hand  w 
dexterity,  on  which  they  prided  theniselT< 
Aeschylus  spoke  of  k^ttoSoi  teyicvKiiToL 
XV.  p.  667.)  Thus  the  cottabns,  in  iu 
form,  was  nothing  but  one  of  the  manj 
by  which  lovers  tried  to  discover  whel 
love  was  returned  or  not.  But  this  sim; 
ment  gradually  assumed  a  variety  of  diffc 
racters,  and  became,  in  some  instances, 
contest,  with  prizes  for  the  victor.  Oi 
most  celebrated  modes  in  which  it  was  < 
is  described  by  Athenaeus  {L  e.)  and  in  tfa 
Mag.^  and  was  called  8i*  6iv6d^K  A  1 
filled  with  water,  with  small  empty  bo^ 
ming  upon  it  Into  these  the  young  men, 
another,  threw  the  remnant  of  the  wine  i 
goblets,  and  he  who  had  the  good  fortune 
most  of  the  bowls  obtained  the  prize  (kc 
consisting  either  of  simple  cakes,  sweet- 
sesame-cakcs. 

A  third  and  more  complicated  form  o 
tabus  is  thus  described  by  Suidas  («.  o.  Koi 
—  A  long  piece  of  wood  being  erecte< 
ground,  another  was  pUced  upon  it  in 
zontal  direction,  with  two  disbes  hangi 
from  each  end ;  underneath  each  dish  a  i 
of  water  was  placed,  in  each  of  which  st 
brazen  statue,  called  fUyris.  Every  one 
part  in  the  game  stood  at  a  distance,  hold 
full  of  wine,  which  he  endeavoured  to  t] 
one  of  the  dishes,  in  order  that,  struck 
the  weight,  it  might  knock  against  the  he 
statue  which  was  concealed  under  the  wa 


V 


COTYTTIA. 

vte  ^ed  tent  of  tlie  wine  gamed  the  VIctorj, 
sd  tfaece^  knew  that  lie  was  bved  by  hii  mia- 
itm.   (See  SehoL  ad  Lmciam.  Lu^  3.  tqL  ii 

A  feonk  kind  of  oottabiu,  which  was  called 
drrafos  cororr^  (iarh  tov  marJirftaf  r^r  k^- 
T»S^),  k  deMsibed  hj  PoUox  (tL  lOdX  the 
Scklinst  on  Aristophanes  (i'asv  1172X  and  Athe- 
sdu  (xT.  pi  667).  The  so-called  ^ubniv  was 
pkced  opoo  a  pfllar  simflar  to  a  candelabnmi,  and 
'ie  djah  hai^giiig  orer  it  most,  by  means  of  wise 
pr^ected  fnm  the  goblet,  be  thrown  upon  it,  and 
ijesx*  £dl  into  a  battn  filled  with  water,  which 
hci  this  &I1  gaTe  forth  a  sovind ;  and  he  who  pro- 
i^jced  the  ftrangest  was  the  rictor,  snd  zeoeived 
pfize*,  coanstiqg  of  ^gg^  eakes,  and  iweetmeats. 

Ibis  brief  deecriptiMi  of  four  various  forms  of 
'k  ccttafau  may  he  sufficient  to  ihow  the  genexal 
cbaneter  of  thn  game ;  and  it  is  only  neeeasazy  to 
add,  that  the  chief  objeet  to  be  accomplished  in 
all  tile  TBrioBs  modifications  of  the  oottabus  was  to 
•Jsow  the  wine  out  of  the  goblet  in  inch  a  manner 
tbi  it  sbooJd  remain  together  and  nothing  be 
ipuled,  and  that  it  should  prodnce  the  purest  snd 
Kis»gest  poMhle  loond  in  the  place  whero  it  was 
tiinwB.  In  Sicily,  the  popnlarity  of  this  game 
vaa  so  great,  that  booses  were  built  for  the  especial 
ppoie  of  playing  the  cottabus  in  them.  Those 
Ttaatn  who  wish  to  beeome  fiilly  acquainted  with 
ill  the  ivioDB  forms  of  this  game,  may  consult 
itheoacns  (xr.  pw  666,  Slc\  the  Greek  Lexieo- 
Ataphera,  and,  above  all,  Gioddeck  {Vebtr  dtn 
Kcttahoi  der  C^rieeften,  in  his  Antiquarude  Ver- 
mfie^lSammlm^  1800,  pp.  163 — 238),  who  has 
ooUtcted  and  described  nine  different  forms  in 
¥U^  it  was  played.  Becker  (CSariUss,  L  p.  476, 
&c)  is  of  oplnioa  that  ail  of  them  were  but  modi- 
&^3ikm  of  tiro  principal  forms.  (Compare  also  Fr. 
Jaenhft,  Udher  den  KoUabos  in  Wielamt*9  AtHtekts 
Mwum,  ill  1.  pp.  475 — 496.)  [L.  S.] 

CO'TYLA  {KoriKii)  was  a  measure  of  capacity 
aooof  the  Hamans  and  Greeks :  by  the  former  it 
yas  also  called  Aenwia  /  by  the  latter,  TpvtfXfor  and 
ruin  a  iiiiifiya.  It  was  the  half  of  the  sextorins 
f^Jiform,  and  oantained  6  cyathi,  or  neariy  half  a 
pint  Eog^h. 

Thb  measoie  was  used  by  physicians  with  a 
plated  scale  marked  on  it,  like  our  own  chemi- 
cal ncamm,  for  measuring  out  given  weights  of 
^^  npoially  oiL  A  vessel  of  horn,  of  a  cubic 
er  cTlindrieal  tthaspCy  of  the  capacity  of  a  cotyh^ 
i«  diiided  into  twelve  equal  porta  by  lines  cut 
OS  iu  side.  The  whole  vessel  was  called  Uira^  and 
each  of  the  parts  sa  ounce  (mmmx).  This  measure 
^  nine  nuees  (by  weight)  of  oil,  so  that  the 
ratio  of  the  we%ht  of  die  oil  to  the  number  of 
os«es  it  occupied  in  ^e  measure  would  he  9  :  12 
«  i  :  4.  (Oalaras,  De  Compo;  Medicam.  per 
^/flMTd,  JiL  3,  L  16,  17,  iv.  14,  v.  S,  6,  vi  6,  8  ; 
Wimn,  De  PomL  Mens.  &c. ;  Hussey,  On  AneUni 
W«!^&c)  [P.&] 

COTYTTIA  or  COTTYTES  (icor^rria,  Kir- 
^vr«),  a  fettiTa]  which  was  originally  celebrated 
by  the  Fdonians  of  Thrace,  in  lumour  of  a  goddess 
aQed  Cotyi  or  Cutytta  (Str^.  x.  p.  470  ;  Eupoiis, 
ofed  Htpfdu  9,  e. ;  Suidas.)  It  was  held  at  night, 
^  aocoiding  to  Strabo,  resembled  the  festivals 
^  the  Cabeiri  and  the  Pluygian  Cybel&  But  the 
vonhip  of  Cotyi,  together  with  the  festival  of  the 
^yttB,  was  adopted  by  several  Greek  states, 
c^Mt  thoR  which  were  induced  by  their  com- 


CRATER. 


36/ 


nutdal  interest  to  maintain  fiiendly  lelatfons  with 
Thrace.  Among  these  Corinth  is  expressly  men- 
tioned by  SuidM,  and  Strabo  (x.  p.  471)  seems 
to  suggest  that  the  worship  of  Cotys  was  adopted 
by  the  Athenians,  who,  as  he  observes,  were  aa 
hospitable  to  foreign  gods  as  they  were  to  foreigners 
in  general.  (Cbmpare  Juven.  Sat,  u.  02.)  The 
priests  of  the  goddess  vrere  formeriy  supposed  to 
have  borne  the  name  of  baptae ;  but  Buttmann 
has  shown  that  this  opinion  is  utteriy  groundless. 
Her  festivals  were  notorious  among  the  ancients 
for  the  dissdute  manner  and  the  delMucheries  with 
which  they  were  celebrated.  (Suidas,  s.  v.  K^rvt  • 
Horat  Ejpod,  xvii  66  ;  Theocrit  vi  40.)  Another 
festival  of  the  same  name  was  celebratal  in  Sicily 
(Pint  PnMwr^.),  where  boughs  hung  with  cakes 
and  fruit  were  carried  about,  which  any  person 
had  a  right  to  pluck  off  if  he  chose ;  but  we  have 
no  mention  that  this  festival  was  polluted  with  any 
of  the  licentious  practioes  which  disgraced  those  of 
Thrace  and  Greece,  unless  we  refer  the  allusion 
made  by  Theocritus  to  the  Cotyttia,  to  the  Sicilian 
festival.  (Compare  Buttmann^  essay,  Uiber  die 
Kotyttiamui  die  Bapiae^  in  his  Myihiologfu^  vol.  il 
p.  159;  Lobeck,  AgUtopk,  pp.  627,  1007j 
&c)  [L.  S.] 

COVINA'RII.     [COVINU8.J 

COVI'NUS  (Oltic,  kowam),  a  kind  of  car,  the 
spokes  of  which  were  armed  with  long  sickles,  and 
which  was  used  as  a  scathe-chariot  chiefly  by  the 
ancient  Belgians  and  Britons.  (Mela,  iii.  6  ;  Lucan, 
L  426 ;  Silius,  xvii.  422.)  The  Romans  designated, 
by  the  name  of  eovinus,  a  kind  of  travelling  car- 
riage, which  seems  to  have  been  covered  on  all 
sides  with  the  exception  of  the  front  It  had  no 
seat  for  a  driver,  but  was  conducted  by  the  travel- 
ler himself^  who  sat  inside.  (Mart  Epig.  iL  24.) 
There  must  have  been  a  great  similarity  between 
the  Belgian  scythe-chariot  and  the  Roman  travel- 
ling carriage,  as  the  name  of  the  one  was  transferred 
to  the  other,  and  we  may  justly  conclude  that  the 
Belgian  car  was  likewise  covered  on  all  sides,  ex- 
cept the  front,  and  that  it  was  occupied  by  one 
man,  the  covinarius  only,  who  was,  by  the  struc- 
ture of  his  car,  sufficiently  protected.  The  oovt- 
narii  (the  word  occurs  only  in  Tacitus)  seem  to 
hare  constituted  a  regular  and  distinct  part  of  a 
British  army.  (Tacit  Agr,  36  and  36,  with  M.  J. 
H.  Becker's  note ;  Bdtticher^s  Lexicon  TadL  s.  o./ 
Becker,  OoUus^  vol  i.  p.  222 ;  comparo  the  article 
E88BDUM.)  [L.  S.] 

CRATER  {Kparfipi  Ionic,  Kprrrffp:  Lat  craier 
or  ercOera;  firora  Ktpdarpvfu^  I  mix),  a  vessel  in 
which  the  vrine,  according  to  the  custom  of  the 
andents,  who  very  seldom  drank  it  pure,  vnis 
mixed  with  water,  and  firom  which  the  cups  were 
filled.  In  the  Homeric  age  the  mixture  was  al- 
ways made  in  the  dining-room  by  heralds  or  young 
men  (irovpoi :  see  IL  iii  p.  269,  Od.  viL  182,  xxi. 
271).  The  use  of  the  Teasel  is  sufficiently  clear 
from  the  expressions  so  frequent  in  the  poems  of 
Homer :  irpiyr^pa  Ktpdtraffdat^  i.  e.  oTkoi'  ical  IKSwp 
iw  KpTfT^pt  fjdiry^w :  wivtip  Kprriiipa  (to  empty  the 
crater);  Kftvynipa  tfriiffeurdai  {cratera  etatuere,  to 
place  the  filled  crater  near  the  table) ;  irp9rn)^as 
tvurrd^aSeu  voroto  (to  fill  the  craters  to  the 
brim,  see  Buttmann,  LexiL  L  15).  The  crater  in 
the  Homeric  age  was  generally  of  silver  {Od.  ix. 
203,  X.  356),  sometimes  with  a  gold  edge  (^OL 
iv.  616),  and  sometimes  all  gold  or  gilt  {II.  xxiii.- 
219.)     It  stood  upon  a  tripod,  and  its .  ordinary ' 


36tf 


CRATEIL 


plnce  in  the  lUynpov  was  in  the  mo«t  honomable 
part  of  the  room,  at  the  fiirthest  end  from  the  en- 
trance, and  near  the  seat  of  the  most  distinguished 
among  the  guests.  {Od,  xxl  145,  zxiL  333,  com- 
psured  with  ^1.)  The  size  of  the  crater  seems  to 
have  varied  according  to  the  number  of  guests ; 
Ut  where  their  number  is  increased,  a  huger  crater 
14  asked  for.  (//.  ix.  202.)  It  would  seem,  at 
Ifost  at  a  later  period  (for  in  the  Homeric  poems 
we  find  no  traces  of  the  custom),  that  three  craters 
were  filled  at  every  feast  after  the  tables  were  re- 
moved. They  must,  of  course,  have  varied  in  sixe 
according  to  the  number  of  guests.  According  to 
Suidas  (<.  V.  Kporiip)  the  first  was  dedicated  to 
Ifermes,  the  second  to  Charisius,  and  the  third  to 
Z&UB  Soter;  but  others  called  them  by  different 
names;  thus  the  first,  or,  according  to  others,  the 
lajt,  was  also  designated  the  Kpariip  iyoBov  9td- 
fxovos,  the  crater  of  the  good  genius  (Suidas  «.  v, 
'AyoBov  Aalfiowsi  compare  Athen.  xv.  p.  692, 
Ac  ;  Aristoph.  Fwp.  507,  Par,  300),  xporiip 
{ryiflas  and  lurwvKrpts  or  furdyarrpoyf  because 
it  was  the  crater  from  which  the  cups  were  filled 
after  the  washing  of  the  hands.  (Athen.  xt.  p.  629, 

Craters  were  among  the  first  thin^  on  the  em- 
bellishment of  which  the  ancient  artists  exercised 
their  skill  Homer  {H,  xxiiL  741,  See.)  mentions, 
among  the  prizes  proposed  by  Achilles,  a  beauti- 
fully wrought  silver  crater,  the  work  of  the  ingeni- 
ous Sidonians,  which,  by  the  elegance  of  its  work- 
manship, excelled  all  others  on  the  whole  earth. 
In  the  reign  of  Croesus,  king  of  Lydia,  the  Lace- 
dnemonians  sent  to  that  king  a  braxen  crater,  the 
border  of  which  was  all  over  ornamented  with 
figures  (C<^ia),  and  which  was  of  such  an  enor- 
mous size  that  it  contained  300  amphorae.  (Herod, 
i.  70.)  Croesus  himself  dedicated  to  the  Delphic 
god  two  huge  craters,  which  the  Delphians  believed 
to  be  the  work  of  Theodoras  of  Samos,  and  Hero- 
dotus (L  51)  was  induced  by  the  beauty  of  their 
workmanship  to  think  the  same.  It  was  about 
OL  35,  that  the  Samians  dedicated  six  talento  (the 
tenth  of  the  profits  made  by  Colaeus  on  his  voyage 
to  Tartessus)  to  Hera,  in  the  shape  of  an  immense 
biazen  crater,  the  border  of  which  was  adorned 
with  projecting  heads  of  griffins.  This  crater,  which 
Herodotus  (iv.  152)  calls  Argive  (from  which  we 
most  infer  that  the  Argive  artists  were  celebrated 
hr  their  craters),  was  supported  by  three  colossal 
brazen  statues,  seven  cubits  long,  with  their  knees 
closed  together. 

The  number  of  craters  dedicated  in  temples 
seems  everywhere  to  have  been  very  great.  Livius 
Andronicus,  in  his  Equus  Trojanus,  represented 
Agamemnon  returning  firom  Troy  with  no  less  than 
3000  craters  (Cic  ad  Fam,  vii.  1),  and  Cicero 
(m  Verr,  iv.  58)  says  that  Verres  carried  away 
fmm  Syracuse  the  most  beautiful  brazoi  craters, 
which  most  probably  belonged  to  the  various  tem- 
ples of  that  city.  But  craters  were  not  only  de- 
dicated to  the  gods  as  anathemata,  but  were  used 
on  various  solemn  occasions  in  their  service.  Thus 
we  read  in  Theocritus  (v.  53,  compare  Virgil, 
Edog,  v.  67) : — "I  shall  offer  to  the  Muses  a  cmter 
full  of  fresh  milk  and  sweet  olive- oil."  In  sacri- 
fices the  libation  was  always  taken  from  a  crater 
(Demosth.  De  Pais.  LegaL  p.  431,  cLepL  p.  505, 
«,  Mid,  p.  531,  c  MacarL  p.  1072  ;  compare  Bekk. 
Ameodiit,  p.  274.  4),  and  sailors  before  they  set  out 
ou  their  journey  used  to  take  the  libation  with 


CRIMEN, 
cups  from  a  crater,  and  pour  it  intc 
(Thucyd.  vL  32 ;  Diodor.  iii.  3  %  Ajti 
vi.  3  ;  Viig.  Am.  v.  765.)  The  name 
also  sometimes  used  as  sjncrtyiqaua  wft 
ntula,  a  pail  in  which  water  was  fetched 
apud  Non.  xv.  36  ;  Hesyrh.  #.  r.  Kp«Hjj 

The  Romans  used  their  crater  or  cnsii 
same  purposes  for  which  it  wm  Dscd  i 
but  the  most  elegant  spccinienj»  were, 
other  works  of  art,  made  faj  Ore^ka.  ( V 
727,  iii.  525  ;  Ovid,  Fast,  v,  522  j  l\ 
iii  18.  7.) 

CRATES  {ri{Hros\  a  hiudlo,  nir 
ancients  for  several  purposes.  First,  Ln 
cially  in  assaulting  a  city  or  camp,  they  n 
before  or  over  the  head  of  the  tuldier  to 
the  enemy^  missiles.  (Amm.  Marc  xxl 
the  pUtUi^  which  were  emplojpd  in  the 
they  differed  only  in  being  ^ithtitit  the  < 
raw  hides.  A  lighter  kind  w^as  thnjit  t 
make  a  bridge  over  fosses,  fur  oxamplei 
see  Caesar,  B.  (7.  viL  81^  ^JC,  By  tb< 
(VegeL  iv.  6)  they  were  used  joined  % 
as  to  form  what  Vegetius  calls  a  mOalia^ 
with  stones :  these  were  theti  poiMcd  be 
of  the  battlements ;  and  ai  the  nam 
approached  upon  the  ladders,  orcrtunu^ 
heads. 

A  capital  punishment  was  odled  by  i 
whence  the  phrase  sii5  anUe  necari,  Th 
was  thrown  into  a  pit  or  uell,  and  bu 
upon  him,  over  which  Btones  were  i 
heaped.     (Liv.i.  51,  iv.  50  ;  Tacit.  Get 

OnUeM  allied  fiocttiae  were  used  by  i1 
people  upon  which  to  dry  fiip^  frr^pest  6 
rays  of  the  sun.  (Colum.  xiu  15,  16.) 
Columella  informs  us,  werti  mode  ^ 
straw,  and  also  employed  as  a  sort  of  : 
screen  the  fruit  from  the  weather.  Vu^ 
L  94)  recommends  the  use  of  burdU's  in  i 
to  level  the  ground  after  it  ha»  been  I 
with  the  heavy  rake  (rawtruFn),  Any  1 
rods  or  twigs  seems  to  have  b^n  csllt 
general  name  crates. 

CRETIDA  (Kpnfrls\  a  slipper.  Slij 
worn  with  the  pallium,  ticit  with  the 
were  pronerly  characteristic  uf  the  Ored 
adopted  from  them  by  the  KomatiA.  B 
tonius  says  of  the  Emperor  1  ibf  rina  (c.  1 
tUo  pairio  habitu  red^  »e  ad  jKiUium  d 
As  the  cothurnus  was  assumed  by  tm^c 
cause  it  was  adapted  to  be  part  of  a  [ 
stately  attire,  the  actors  af  comedy,  on 
hand,  wore  crepidae  and  other  cheap  an 
coverings  for  the  feet  [Baxxa  \  Soocct 
whereas  the  ancients  had  their  moiv  finL 
and  shoes  made  right  and  left^  their  %\ 
the  other  hand,  were  made  to  fit  both  i 
ferently.     [Isid.  0»v.  ix.  34.) 

CREPITA'CULUM.     tE^ii^TRtrM^J 

CRE'TIO  HEREDITA  TIS.     [Hi 

CRIMEN.  Though  this  word  o«t 
quently,  it  is  not  easy  to  iix  its  meaning 
is  often  equivalent  toaccusatio  (Kamfy^ 
firequently  means  an  act  which  ii  legn! 
able.  In  this  Utter  sense  thore  seeitii^ 
exact  definition  of  it  by  the  Koninn  jui 
cording  to  some  modem  writers,  crimina 
public  or  private;  but  we  have  fttill  to 
the  notions  of  public  and  private.  Th 
want  of  precise  terminology  a»  to  wba^  i 


\ 


CRIMSK* 


CROCOTA. 


86f 


lagoa^  an  aOed  crimmBl  oflfeneet  moog  Hnt 
BoBtBs;  and  thk  defixt  appeus  in  other  fyttemi 
C'f  joriipnideaea.  CEimen  ha*  beoi  alw  defined  by 
sndefa  writm  to  be  thnt  wkkh  U  capitalu,  at 
anrdei^  && ;  delictom,  that  wbkb  ii  a  priTmte 
aiiiy  (priTata  Mxa) ;  a  dirtinrtinn  fimnded  ap- 
{i^tlj  OD  ]>v.  31.  tit  1.  a.  17.  S  15. 

Odkts  (deUcta)  were  malefida,  wro^gfid  acta 
(Dig.  47.  tit  1.  ■.  3X  and  the  faundatifln  of  one 
cbs  cf  oUigatiooes:  theee  deiieta,  aa  enmnefated 
hj  Quu  (iiL  182X  are  liirtom,  lapina,  damnnm, 
bjinae;  ihcj  gave  a  rig:ht  of  action  to  the  indi- 
Ttdsal  iajand,  and  intitlbd  him  to  oompoiaation. 
Tboe  ddkti  wen  aometimea  ealled  crimina  (cri- 
■ai  fiirti,  Gaini^  iiL  197X  Crimen  therefive  ia 
»-<aetiBwi  ifpUed  to  that  claat  of  delida  called 
pitaa(D%.  47.  tiL  1.  jDa  PrtvaUt  DdietU)  ;  and 
Moordiagij  airaen  may  be  viewed  aa  a  genna, 
9i  vUch  die  ddicta  eunmereted  by  Qaiua  are  a 
spMHS.  Bat  aimen  and  delictom  sn  aometimea 
uedugynoBjnMma.  (Dig.  48.  tit  19.  a.  1.)  In 
cae  fiM^  (Dig;  48.  tit  19.  a.  5)  we  read  of 
vaifa  d&la  (a  tenn  implying  that  theae  are 
aJBaadefida),  which  e^qpreiaiott  ia  coupled  with 
tiu  eipRMion  onmia  cximina  in  aoch  a  way  that 
tke  idcRDoe  of  crimea  containing  ddictom  ia,  ao 
ia  u  coaeenu  thia  paaaage,  neceaaary;  for  the 
oma  oinina  comprehend  (in  tlua  paaaage)  more 
tba  tlie  ddieia  majma. 

Sone  JBdicia  pablica  were  capitalia,  and  aome 
vac  noL  (1%  48.  tit  1.  a.  2.)  Jndicia,  which 
csucened  cnxnina,  were  DOt»  for  that  reaaon  only, 
psbUa.  Tkere  were,  therrfoFe,  crimina  which 
were  mt  tried  in  jadida  pablica.  Thia  ia  con- 
max  vith  what  ia  atated  aboTe  aa  to  thoae  cri- 
Dim  (delteta)  which  were  the  aabject  of  actiona. 
TW  oimiiia  only  were  the  aabject  of  judicia 
piUxa,  which  were  made  ao  by  apecial  lawa ;  auch 
u  the  Jafia  do  adnlteriia,  Conielia  de  aicariia  et 
vtB^cii,  Pompeia  de  panricidiia,  Jolia  pecnlatna, 
Coraela  de  teitamentia,  Jolia  de  vi  privata,  Jalia 
^  Ti  poUiea,  Julia  de  ambito,  Jolia  repetondamm, 
Jclnde  UMaa.  (Dig.  48.  tit  1.-  a.  1.)  So  &r  aa 
Ckao  {D$  OmL  iL  2^)  enameratea  caaiae  crimi- 
Eom,  thej  mat  canaae  paUid  jadidi ;  but  he  adda 
(b.  31),  *  cximmimi  eat  mnltitodo  infinita.**  Again, 
'^bak  vM  Bot  the  eonaeqnenee  of  every  crimen, 
bot  odIj  of  thoae  crimina  which  were  **  paUid 
p£dl"  A  coodemnation,  therefine,  for  a  crim^ 
Kt  pobiid  jadidi,  waa  not  fallowed  by  in&mia, 
naie«  the  czimea  laid  the  foundation  of  an  actio, 
ia  itich,  even  in  the  caae  of  a  privatum  judidum, 
tiie  nia(1fiiwiation  waa  followed  by  in&mia ;  aa 
fisitoo,  npin,  injnriae.    (Dig.  48.  tit  1.  a.  7.) 

Moit  nodem  writeza  on  Roman  law  have  oon- 
^imi  ddicta  ai  the  general  tenn,  which  they 
^ve  nbdirided  mto  dblicta  pablica  and  private. 
The  diriiiaa  of  ddicta  into  pablica  and  privata 
^  parti  J  iti  origin  in  the  opinion  generally  enter- 
taocd  of  the  natore  of  the  delict ;  bat  the  legal 
''^■ticctiaB  BRut  be  derived  from  a  conaiderotion  of 
tW  &CB  of  obtaining  redreaa  for,  or  poniohing,  the 
vnog.  Thooe  delicta  which  were  puniahable  ae- 
<vn%  to  special  legea,  aenatoa-conaalta,  and  con- 
■tiMioDef,  and  were  pnaecuted  in  judicia  poblica 
b]r  u  aeeoatio  miblica,  were  more  eq>ecially  called 
c™UB ;  aad  the  peuiltiea,  in  caae  of  conviction, 
*9eWaf  Ufie^of  freedom,  of  dritaa,  and  the  con- 
K^ient  iB&iiua,aad  aometimea  pecuiiaxy  penalties 
^  Thooe  delicta  not  provided  foraa  above  men- 
^'^  vcn  pnsecuted  by  action,  and  were  the 


ittbjecta  of  judida  privata,  in  which  i 
penaation  waa  awarded  to  the  injured  party. '  At  a 
later  period  we  find  a  daaa  oif  crimina  eztraotw 
dinaria  (Dig.  47.  tit  11),  which  are  aomewhat 
vaguely  defined.  They  are  offimoea  which  in  the 
earlier  kw  woold  have  been  the  foundation  of 
aetiona,  but  were  aaaimikted,  aa  to  their  puniah- 
ment,  to  crimina  pubUd  judidi  Thia  new  daaa 
of  crimina  (new  aa  to  the  form  of  judicial  proceed* 
inga)  moat  have  ariaen  from  a  growing  opinion  of 
the  propriety  of  not  limiting  poniahment,  in  certain 
caaea,  to  eompenaation  to  the  party  injured.  The 
penon  who  inquired  judicially  extra  ordineni,  might 
affix  what  puniahment  he  pleaaed,  within  reaaon- 
able  limita.  (Dig.  48.  tit  19.  a.  18.)  Thua,  if  a 
peraoo  intended  to  proaecnte  hia  action,  which 
waa  founded  on  mal^dum  (delict),  fat  pecuniary 
eompenaation,  be  followed  the  joa  ordinarium  ;  but 
if  he  wiahed  to  puniah  the  offender  otherwiae  (extra 
ordinem  ejua  rd  poenam  exeroeri  (e?)  vcdit),  then  he 
took  criminal  prooeedinga,  **  aubacripait  in  crimen.** 
(Dig.  47.  tit  Ta.  3.) 

The  fivty-aeventh  book  of  the  Digest  treata  first 
of  delicta  privata  properly  ao  called  (Tit  1 — 10)» 
and  then  of  extiaonUnaria  crimina.  The  forty- 
eighth  book  treata  of  crimina,  and  ^  firat  title  ia 
De  Publida  Judidia.  Compenaation  might  be  de- 
manded by  the  heredea  of  the  injmned  penon,  and 
of  the  heiedea  of  the  wrong-doer ;  but  the  hwedea 
of  the  WTong^oei^  were  not  liable  to  a  penal  action 
(poenalia  action  Diff.  47.  tit  1.  a.  1).  Compenaa* 
tion  could  be  aued  for  by  the  party  injured:  a 
penalty,  which  waa  not  a  direct  benefit  to  the  in* 
jured  party,  waa  aued  fiir  by  the  atate,  or  by  thoae 
to  whom  the  power  of  proaecotion  waa  given,  aa  in 
the  caae  of  the  lex  Julia  de  adulteriia,  &c.  In 
the  caae  of  delicta  publica,  the  intention  of  the 
doer  waa  the  main  thing  to  be  oonaidered:  the 
act,  if  done,  waa  not  for  tlwt  reaaon  only  puniahed } 
nor  if  it  remained  incomplete,  waa  it  fat  that  rea- 
aon only  unpuniahed.  In  the  caae  of  ddicta  pri< 
vata,  the  injury,  if  done,  waa  alwaya  compenaated, 
even  if  it  waa  merely  culpa.  [O.  L.] 

CRINIS.     [CJoMA.] 

CRISTA.    [Galba.] 

CRITAE  (t/MTof),  judgea.  Thia  name  waa 
applied  by  the  Oreeka  to  any  person  who  did  not 
jud^  of  a  thing  like  a  Socaor^r,  according  to 
poaitive  lawa,  but  according  to  hia  own  aenae  of 
jnatioe  and  equity.  (Herod,  iii  160 ;  Demoath. 
Ol^nih,  L  p.  17,  c  Mid.  ^  520.)  But  at  Athena 
a  number  of  icpiraf  waa  choaen  by  ballot  from  a 
number  of  aelected  candidatea  at  every  celebration 
of  the  Dionyaia,  and  were  called  ol  Kpirai^  kot* 
^(^X^''*  Their  office  waa  to  judge  of  the  merit  of 
the  different  choroaea  and  dramatic  poems,  and  to 
award  the  prizea  to  the  victora.  (Isocr.  TYapez, 
p.  365,  a  with  Cones*  note.)  Their  number  is 
atated  by  Suidaa  (a.  o.  *Ey  w^rrc  KptrAy  yovvcurt) 
to  have  been  five  for  comediea,  and  Q.  Hermami 
has  auppoacd,  with  great  probability,  that  there 
were  on  the  whole  ten  Kpirai,  five  for  comedy,  and 
the  same  number  for  tragedy,  one  being  taken 
from  every  tribe.  The  expression  in  Aristophanes 
{Av,  421),  vMov  irSuri  rots  Kptrcus,  aignifiea  to 
gain  the  victory  by  the  unanimooa  conaent  of  the 
five  judgea.  For  the  complete  literature  of  thia 
aubjec^  aee  K.  F.  Hermannls  Manual  of  the  Pol, 
AhL  cfQreec^  §  149.  n.  13.  [L.  S.] 

CRO'BYLUS.    [Coma.] 

CROCOTA  (acMs^/  KpoKtrhy  ac  kudrtov 


370 


CROTALUM. 


or  KpoKurhs  8c.  X'^^*'))  '''^^  <^  ^^^  ^^  S^^  dress, 
diieily  worn  by  women  on  solemn  occasions,  and 
in  Greece  especially,  at  the  festival  of  the  Dionysia. 
(Aristoph.  Ran,  46,  with  the  SchoL  Lysulr. 
44  ;  Pollux,  iv.  18.  117.)  It  was  also  worn  by 
the  priest  of  Cybele  (Apul.  Met,  8  and  II  ; 
Virg.  A  en.  ix.  614),  and  sometimes  by  men  of 
iiffeminate  character.  (Aristoph.  T^etmoph,  253  ; 
Suidas,  8.  V, ;  Plant  and  Naevius,  ap,  Nonium^ 
xiv.  8.  and  xri.  4  ;  Cic.  Harusp.  liesp,  21.)  It 
is  evident  from  the  passage  of  Virgil,  that  its 
name  was  derived  from  ctocim,  one  of  the  &vonrite 
<»lour8  of  the  Greek  hidies,  as  we  still  see  in  the 
pictures  discovered  at  Hercnlaneum  and  Pompeii. 
The  circumstance  that  dresses  of  this  colour  were 
in  Latin  commonly  called  Testes  crocatae  or  cro- 
ceae,  has  induced  some  writers  on  antiquities  to 
suppose  that  crocota  was  derived  from  Kpoicti 
(woof  or  weft),  or  KpoKis  (a  flake  of  wool  or  cotton 
on  the  surface  of  the  doth),  so  that  it  would  be  a 
wh  and  woolly  kind  of  dress.  (Salmas.  ad  Ca- 
pitoUn.  Pertinac  8.  t  L  p.  547,  and  ad  TertuU,  De 
PalL  p.  329.)  But  the  passages  above  referred  to 
are  sufficient  to  refute  this  opinion,  and  the  name 
crocota  was,  like  many  others,  adopted  by  the 
Romans  from  the  Greeks.  (Compare  Becker^s 
awrikUt^  vol  ii.  p.  35 1 ,  &c.)  [  L.  S.] 

CRO'NIA  {Kp6vta\  a  festival  celebrated  at 
Athens  in  honour  of  Cronos,  whose  worship  was 
said  to  have  been  introduced  into  Attica  by 
Cecrops.  He  had  a  temple  in  common  with  Rhea. 
(Pans.  i.  18.  §  7  ;  comp.  vi  20.  §  1.)  The  fes- 
tival  was  held  on  the  twelfth  of  the  month  of 
Hecatombaeon  (Demosth.  e,  Timocr.  p.  708  ;  Plut 
TAes,  12  ;  Etym.  M.  «.  o.),  which,  at  an  early 
period  of  the  history  of  Attica,  bore  the  name  of 
/liV  KpoWtfK.     (Athen.  xiiL  p.  581.) 

The  Rhodians  also  celebrated  a  festival  in  honour 
of  Cronos  —  perhaps  the  Phoenician  Moloch  —  to 
whom  human  sacrifices,  generally  consisting  of 
criminals,  were  offered.  The  festival  was  held  on 
the  sixteenth  of  Metageitnion.  (Porphyr.  Ds 
Abstinent,  ii.  54.) 

Greek  writers,  when  speaking  of  the  Roman 
Saturnalia,  apply  to  them  the  name  Kp6viaj  which 
hi  the  early  tiroes  seem  to  have  really  resembled 
them  in  their  excessive  merriment  (See  Athen. 
xiv.  p.  639  ;  Appian,  Samu,  10.  §  5  ;  Buttmann, 
MytJiid.  vol.  ii.  p.  52,  Ac.)  [L.  S.] 

CROTALUM  {Kp6TaXov\  a  kind  of  cymbal, 
erroneously  supposed  by  some  writers  to  be  the 
same  with  the  sistrtem.  [Sistrum.]  The  mistakes 
of  learned  men  on  this  point  are  refuted  at 
length  by  Larapp  (De  Cymb.  Vet.  i.  4,  5,  6).  From 
Suidas  and  the  Scholiast  on  Aristophanes  (Nubet^ 
260),  it  appears  to  have  been  a  split  reed  or  cane, 
which  clattered  when  shaken  with  the  hand.  Ac- 
cording to  Eustathius  {II.  xi.  160),  it  was  made  of 
shell  and  brass,  as  well  as  of  wood.  Clemeof 
Alexandrinus  further  says  that  it  was  an  invention 
of  the  Sicilians. 

Women  who  played  on  the  crotalum  were 
termed  crotalUtriae.     Such  was  Virgil's  Copa  (2), 

•*  Crispum  sub  crotalo  docta  movere  hitus.** 

The  line  alludes  to  the  dance  with  erotala  (similar 
to  castanets),  for  which  we  have  the  additional 
testimony  of  Macrobius  {Sat  ii.  10).  The  annexed 
woodcut,  taken  from  the  drawing  of  an  ancient 
inarble  in  Spon's  Miscellanea  (sec.  i.  art  vi.  fig. 


.'CRCJX' 

4S),  r*^pr<!«pau  one  of  these  troi^i^ 
ing. 


The  word  Kp^dKw  is  often  applied, 
metaphor,  to  a  noisy  talkative  person. 
AThA.  448  ;  Enrip.  C^  104.) 

CRUSTA.  [Cablatura  ;  Chr^ 
Emblemata.] 

CRUX  (<rravp<{s,  o-w^Aoif^),  an  in 
capital  punishment,  used  by  several  and 
especially  the  Romans  and  Carthagii 
words  <rravp6€»  and  0'Ko\owi(at  are  aJs 
Persian  and  Egyptian  punishments,  bi 
{Exer,  Antibttron,  xvL  77)  doubts  wl 
describe  the  Roman  method  of  crucifu 
Seneca  (Cons,  ad  Mare,  xx.,  Epist. 
learn  the  latter  to  have  been  of  two  ki 
usual  sort  being  rather  impalement  th 
should  describe  by  the  word  crucifixion, 
nal  was  transfixed  by  a  pole,  which  poi 
the  back  and  spine  and  came  out  at  th 

The  cross  was  of  several  kinds  ;  one 
of  an  X,  called  erux  AndreanOy  becan 

Xrts  St  Andrew  to  have  suffered  v 
r  was  formed  like  a  T,  as  we  lean 
{Judic  VocdL  xii.),  who  makes  it  the 
charge  against  the  letter. 

The  third,  and  most  common  sort,  ^ 
two  pieces  of  wood  crossed,  so  as  to  mal 
angles.  It  was  on  this,  according  to 
mous  testimony  of  the  Others  who  soi 
firm  it  by  Scripture  itself  (Lips.  De 
that  our  Saviour  suffered.  The  pnnis 
well  known,  was  chiefly  inflicted  on 
the  worst  kind  of  malefiictorB.  (Jnv.  vi 
SaL  I  3.  82.)  The  manner  of  it  was 
—  The  criminal,  after  sentence  pronom 
his  cross  to  the  place  of  execution  ;  a  c 
tioned  by  Plutarch  {De  Tard.  Dei  Vx 
rStv  KoKo^pyttv  4Kip4p€i  rhp  aOrov  a^ 
Artemidorus  (Oneir.  ii.  61),  as  wel 
Gospels.  From  Livy  (xxxiii.  36)  s 
Maximus  (u  7),  scourging  appears  to 
a  part  of  this,  as  of  other  capital 
among  the  Romans.  The  scourging 
viour,  however,  is  not  to  be  regarded  J 
for,  as  Grotius  and  Hammond  have 
was  inflicted  before  sentence  was 
(St  Luke,  xxiil  16  ;  St  John,  xix. 
criminal  was  next  stripped  of  hia 
nailed  or  bound  to  the  cross.  The  k 
more  poinfid  method,  as  the  sufferer  m 
of  hunper.  Instances  are  recorded  of 
surnveid  nine  days.  It  was  usual 
body  on  the  cross  after  death.  The 
the  Jogs  of  the  thieves,  mentioned  .in 


V 


CRYPTEIA. 


\  liy  the  JewUi  kw,  it  k 
expRsIy  lanuked,  the  hodiei  ooold  nof  remam 
<«  the  crow  during  the  Sabbath-day.  (Idpun^ 
Jk  OrwBBi    CMaabon,    JSmt.    AnHbairtM.    rn. 

77.)  [a  J.] 

CRYPTA  (fiam  ipvirrcir,  to  coneeal),  a  ciypt. 
ABoogtt  the  RoBMaA,  aaj  h>ng  nanow  nuilt, 
vkeiher  whoUj  or  partially  below  the  level  of  the 
ctrth,  is  exfWMed  by  this  teim  ;  nich  af  a  sewer 
iaifftt  Sdmrm^  Jav.  5a«.T.  106)  [Cloaca]  ;  the 
caratner  ef  the  dveos  [Circus,  p.  285]  ;  or  a 
laspasiBe  ftr  the  reoq>tion  of  agricultural  prodnoe. 
(ViiniT.  ri.  8  ;  compu  Varro,  R.  R.  L  57.) 

Tlie  ipecific  smses  of  the  woidare:  — 

1.  A  covered  portko  or  arcade  ;  called  mors 
dcfiokehr  erjfrfo-portiBBs,  because  it  was  not  sup* 
pofted  by  open  eolumns  like  the  ordinary  portico, 
but  dosed  at  the  aides,  with  windows  only  for  the 
admiaaion  ef  I%ht  and  air.  (Plm.  Epki,  il  15, 
▼.  €v  rii.  21  ;  Sidoa.  Eput,  ii  2.)  These  were 
fre^scBted  dnriqg  snmmer  for  their  eoolaess.  A 
poctko  of  this  kind,  almost  entire,  n  stiU  remain- 
i^  IB  the  sabmrfasn  villa  of  Airius  IKomedes  at 
PoapeiL    [Portkus.] 

Saae  Aeatres,  if  not  all,  had  a  similar  portico 
soachcd  to  them  for  the  oonTenience  of  the  per- 
^aen,  who  there  rehearsed  their  parts.  (Suet. 
Od.  58 ;  eompare  Dion  Cass.  Ibc  20  ;  Joseph. 
A^iif.  xiz.  L  §  14.)  One  of  these  is  mentioned 
bjr  P.  VictorCA^  xx.)  as  the  erypkt  BaOi,  at- 
tached to  the  theatre  built  by  Cornelius  Balbos  at 
tbe  insdgatisa  of  Aogustus  (Suet  ^a^.  29  ;  Dion 
Cass.lir.25X  which  is  supposed  to  be  the  ruin 
worn  seen  in  die  Via  di  S.  Maria  di  Cacaberis,  be- 
tveea  the  church  of  that  name  and  the  S.  Maria 
diPiantoi 

2.  A  gratto,  particularly  one  open  at  both  ex- 
trcantia,  forming  what  in  modem  hmguage  is 
deBBouaated  a  **  tonnel,^*  like  the  grotto  of  Pausi- 
lippQi  weli  known  to  every  visitant  of  Ni4>les. 
Ttk  ifl  s  tamxel  excavated  in  the  tv/b  nek,  about 
29  feet  higfay  and  1800  long,  forming  the  direct 
canmosieataon  between  Naples  and  Poczuoli  (Pa- 
teoA),  esDed  by  the  Romans  aypta  NeapoHtanu^ 
kA  dcKribed  by  Seneca  {EpUL  67)  and  Strabo 
vio  calk  it  Mpv^  xpirar^  (v.  p.  246  ;  compare 
Petnn.  firuff.  xiiL). 

A  aobteiTaaean  vault  used  for  ai^  secret  wor- 
ih%  bat  more  particnlaily  for  the  licentious  rites 
oBonoated  to  Priapos,  was  also  called  crypttt, 
(Petno.  SaL  xvi.  3  ;  compare  xviL  8.) 

1  When  the  practice  of  consuming  the  body  by 
firp  was  rdisqanhed  [Fuicns],  and  a  number  of 
b)di(s  were  consigned  to  one  place  of  burial,  as 
tbe  estacombs  for  instance,  this  common  tomb  was 
oiled  er^Hm.  (Salma&  Bxera't  Plmkm.  p.  850  ; 
Aiiag.  Ram.  Sdierr.  i.  1.  §  9 ;  Prudent  Tl^fk 
2Tt^.  XL  153.)  One  of  these,  Uie  erypta  Nepo- 
(mho,  which  was  in  the  vieaa' Patricius,  under  the 
Esquaioe  (Pestna,  s.  v.  Septinumtium),  was  used 
br  the  oriy  Christians,  during  the  tunes  of  their 
p-neeation,  as  a  place  of  aecret  worship,  as  well 
«  cf  interment,  and  contains  many  interesting 
iacri^rtiona,  (Nardini,  Rom.  Amiie.  iv.  3  ;  Mait- 
h»L,  Tit  Ckmrdk  ta  the  OataamU.)        [A.  R.] 

CRYPTEIA  (K^nnpreta,  also  called  trfnnrrta 
or  npnriX  ^'*'h  according  to  Arutotle  (flp.  PhU. 
Ufc.W^  an  institution  introduced  at  Sparta  by 
the  legiilation  of  Lycnrgus.  Its  character  was  so 
cnel  sad  atroeioas,  that  Plutarch  only  with  great 
!  nbmitted  to  the  aathori^  of  Aristotle 


CRYPTEIA.  871 

in  ascribing  its  intrDdnctioa  to  the  ^lartan  law- 
giver. The  description  which  he  gives  of  it  is 
this: — The  ephon,  at  inlerrals,  selected  ftom 
among  the  ymmg  Spartans,  those  who  appeared  to 
be  best  qualified  for  the  task,  and  sent  them  in 
various  directions  all  over  the  country,  provided 
with  da^ggen  and  their  necesiary  food.  During 
the  daytime,  these  young  men  concealed  tbem^ 
selves;  but  at  night  they  broke  forth  into  the 
high-roads,  and  massacred  those  of  the  heloU 
whMn  they  met,  or  whom  they  thought  proper. 
Sometimes  also  diey  ranged  over  the  fields  ( in  the 
daytime)  and  de^tched  the  strongest  aad  best  of 
the  helots.  This  account  agrees  with  that  of 
Heradeides  of  Pontns  (c.  2X  who  speaks  of  the 
pnctioe  as  one  that  was  still  carried  on  in  his  own 
time,  though  he  describes  its  intiodoction  by  Ly* 
cnigns  only  as  a  report 

The  erypteia  has  geneiaUy  been  considered 
either  as  a  kind  of  militaiy  training  of  the  Spartan 
youths,  in  which,  as  in  other  cases,  the  lives  of 
the  heloto  were  unscrupalcNisly  sacrificed  ;  or  as  a 
means  of  lessening  the  numbers  and  weakening 
the  power  of  the  skves.  Bat  MUlhsr  (I^otmhui, 
ill  3.  §  4X  ^^^  u  anxious  to  soften  the  notions 
gencially  current  respecting  the  rektioos  between 
the  helots  and  their  masteia,  supposes  that  Plutarch 
and  Heradeides  represent  the  institution  of  the 
otypUkL  **a8  a  war  which  the  ephors  themselves, 
on  entering  upon  their  yeariy  oflSee,  proclaimed 
against  the  helots.**  Heradeides,  however,  does 
not  mention  this  prodamation  at  all ;  and  Plutarch, 
who  mentions  it  on  the  authority  of  Aristotlr, 
does  not  represent  it  as  identical  with  the  crypteia. 
MtiUer  also  supposes  that,  according  to  the  re- 
ceived opinion,  this  chase  of  the  slaves  took  placs 
regularly  every  year ;  and  showing  at  once  the 
absurdity  of  such  an  amraal  proclamation  of  war 
and  massacre  among  the  slaves,  he  rejects  what  he 
calls  the  common  opinion  altogether  as  involved  in 
inextricable  difficulties,  and  has  recourse  to  Plato 
to  solve  the  pn>blem.  But  Thiriwall  {Hiat.  ffiwca, 
vol.  i  p.  311)  much  more  judidously  considers 
that  this  proclamation  of  war  is  not  altogether 
groundless,  but  only  a  misrepresentation  of  some* 
thing  elie,  and  that  its  real  character  was  most 
probably  connected  with  the  crypteia.  Now,  if  we 
suppose  thai  the  thing  here  misrepresented  and 
exaggerated  into  a  proclamation  of  war,  was  some 
promise  which  the  ephors  on  entering  upon  their 
office  were  obliged  to  make,  for  instance,  to  protect 
the  state  against  any  danger  that  might  arise  from 
too  great  an  xDcrease  of  the  numbers  and  power 
of  the  helots — a  promise  which  might  very  easily 
be  distorted  into  a  proclamation  of  war — there  is 
nothing  contrary  to  the  ^rit  of  the  legislation  of 
Lycuigus  ;  and  such  an  mstitution,  by  no  means 
surprising  in  a  slave*  holding  state  like  Sparta, 
where  the  number  of  free  dtizens  was  company 
tively  very  small,  would  have  conferred  upon  the 
ephors  the  legal  authority  oeocuUmaUy  to  send  out 
a  number  of  young  Spartans  in  chase  of  the  helots. 
(Isocr.  Panath.  ik  2/1,  b.)  That  on  certain  oc- 
casions, when  the  state  had  reason  to  fear  the 
overwhdming  number  of  sbves,  thousands  were 
maseacred  with  the  sanction  of  the  public  authori- 
ties, is  a  well-known  fiict  (Thncyd.  iv.  60.)  It 
is,  however,  probable  enough  that  such  a  system 
may  at  first  have  been  carried  on  with  some  degree 
of  moderation  ;  but  after  attempts  had  been  made 
I  by  the  abves  to  emandpate  themsdves  and  put 
BB  2 


372 


CUBITUS. 


their  masten  to  death,  as  was  the  case  during  and 
tkftPt  the  earthquake  in  Laconia,  it  assumed  the 
barbarous  and  atrocious  character  which  we  have 
doicribed  aboYe.  (Compare  Plut  Lye.  28,  sub/ia.) 
I  f  the  crypteia  had  taken  place  atmually,  and  at  a 
/iMft  Hmey  we  should,  indeed,  hare  reason,  with 
Mliller,  to  wonder  why  the  helots,  who  in  many 
districts  lived  entirely  alone,  and  were  united  by 
despair  for  the  sake  of  common  protection,  did  not 
every  year  kindle  a  most  bloody  and  determined 
WOT  throughout  the  whole  of  Laconia  ;  but  Plutarch, 
the  only  authority  on  which  this  supposition  can 
r^'st,  does  not  say  that  the  crypteia  took  place 
rmry  year,  but  8ia  xp^^ov,  i,e.  **ai  intervals,**  or 
occasionally.  (Hermann,  ad  Viger.  p.  856.)  The 
difficulties  which  Miiller  finds  in  what  he  calls  the 
fotnmon  account  of  the  crypteia,  are  thus,  in  our 
opinion,  removed,  and  it  is  no  longer  necessary  to 
seek  their  solution  in  the  description  given  by 
Plato  {De  Leg.  I  p.  633,  vi  p.  763),  who  pro- 
poeed  for  his  Cretan  colony  a  similar  institution 
under  the  name  of  crypteia.  From  the  known 
partiality  of  Plato  for  Spartan  institutions,  and  his 
inclination  to  represent  them  in  a  favourable  light, 
it  will  be  admitted  that,  on  a  subject  like  this,  his 
rvidence  will  be  of  little  weight  And  when  he 
adopted  the  name  crypteia  for  his  institution,  it 
by  no  means  follows  that  he  intended  to  make  it 
jn  every  respect  similar  to  that  of  Sparta  ;  a  partial 
rf'EK<TnbIance  was  sufficient  to  transfer  the  name  of 
tlie  Spartan  institution  to  that  which  he  proposed 
ta  establish  ;  and  it  is  sufficiently  clear,  from  his 
ovm  words,  that  his  attention  was  more  particu- 
Jnrlv  directed  to  the  advantages  which  young  sol- 
diers  miffht  derive  from  such  hardships  as  the 
Kf/vTrroi  had  to  undergo.  But  even  Plato^s  colony 
would  not  have  been  of  a  very  humane  character, 
an  his  Kptnrrol  were  to  go  out  in  arms  and  make 
fr^e  use  of  the  slaves.  [L.  S.] 

CRYPTOPO'RTICUS.  [Crypta.] 
CUBICULA'RII,  were  slaves  who  had  the 
mm  of  the  sleeping  and  dwelling  rooms.  Faithful 
el.t^cB  were  always  selected  for  this  office,  as  they 
had,  to  a  certain  extent,  the  care  of  their  master^s 
person.  When  Julius  Caesar  was  taken  by  the 
ptmt«s,  he  dismissed  all  his  other  sUves  and 
nL  Pendants,  only  retaining  with  him  a  physician 
And  two  cubicuIariL  (Suet  Oaea.  4  )  It  was  the 
duty  of  the  cubicularii  to  introduce  visiters  to  their 
master  (Cic  ad  AtL  vi.  2.  §  5,  m  Verr.  iii.  4)  ; 
for  which  purpose  they  appear  to  have  usually  re- 
Timmed  in  an  ante-room  (Suet  Tib.  21,  Dom.  16). 
Under  the  later  emperors,  the  cubicularii  belong- 
injir  to  the  palace  were  cxdledpraepotiHsacro  cubicuio^ 
and  were  persons  of  high  rank.  (0>d.  12,  tit  5.) 
CUBr(jULUM,  usually  means  a  sleeping  and 
dwelling  room  in  a  Roman  house  [Don us],  but  is 
nino  applied  to  the  pavilion  or  tent  in  which  the 
Riitnan  emperors  were  accustomed  to  witness  the 
public  games.  (Suet  Ner.  12  ;  Plin.  Faneg.  51.) 
It  appears  to  have  been  so  called,  because  the 
emperors  were  aecustomed  to  recline  in  the  cubicuhi, 
inELtcad  of  sitting,  as  was  anciently  the  practice,  in 
n  seUa  curulis.     (Eraesti,  ad  Suet.  I.  e.) 

C  U'BITUS  (ir^X"*),  a  measure  of  length  used  by 
the  Greeks,  Romans,  and  other  nations,  was  origi- 
nally the  length  of  the  Jiuman  arm  from  the  elbow 
to  the  wrist,  or  to  the  tip  of  the  forefing'^r ;  the 
bitter  was  its  signification  among  the  Greeks  and 
Komans.  It  was  equal  to  a  foot  and  a  half ;  and 
therefore  the  Roman  cubit  was  a  little  less,  and 


CUDO. 

the  Greek  cubit  a  little  more,  than  a 
half  Eriglish.  The  cubit  was  divide 
Greeks  into  2  spans  {tnriBafiai)^  6  ban 
(ToAaioToU),  and  24  finger  breadths  ( 
and  by  the  Romans  into  1  j[  feet,  6  breadt 
and  24  thumb-breadths  {poUice$y,  (1 
P(md.  Mens.  Ac  ;  Hussey,  On  Andm 
&c.,  see  the  Tables.)  Respecting  the 
and  other  cubits,  see  Bdckh,  MetroL 
p.  211. 

CUBUS,  a  vessel,  the  sides  of  w 
formed  by  six  equal  squares  (indudmg 
each  square  having  each  of  its  sides  a 
The  solid  contents  of  the  cube  were  eq 
amphora.  (Rhem.  Fann.  De  PonH^  & 
62  ;  Mktiiitks).  In  Greek  iri^ai  is  t 
lent  of  the  Latin  Tbsskra. 

CUCULLUS,  a  cowL  As  the  co« 
tended  to  be  used  in  the  open  air,  and  tc 
over  the  head  to  protect  it  from  the  inju 
weather,  instead  of  a  hat  or  cap,  it  wu 
only  to  garments  of  the  ooaisest  kind, 
seen  attached  to  the  dress  of  the  shepl 
annexed  woodcut,  which  is  taken  from 
the  Florentine  cabinet,  and  repxeaents 
shepherd  lookini^  at  the  she-wolf  with 
and  Remus.     The  cucullus  was  also  us 


sons  in  the  higher  eireles  of  society,  v 
wished  to  go  abroad  without  being  knon 
vl  330.)  The  use  of  the  cowj,  mid  a 
cape  [BiRBUs],  which  served  the  saint 
was  idlowed  to  slaves  by  a  law  in  the  Co^ 
dosianus.  (Vossius,  Etpn.  Liftff.  Lai,  s.  i 
Cow\b  were  imported  into  Italy  from  £ 
France  {Santonico  eu<;ttUo^  Juv.  viii.  14i 
in  loe.),  and  from  the  eoimtry  of  the  1 
Illyria.  (JvH  Cap.  FtrttHiur^  k)  Tho« 
latter  locality  were  probably  of  a  peculi: 
which  gave  origin  to  ihe  tprm  B<tn 
Libumici  eueulU  are  meoiioued  by  Maj 
139.)  I 

CUDO  or  CUDON,  a  akull-cap,  made 
or  of  the  rough  shfurKT  fur  of  any  wi 
(Sil.  Ital.  viii.  495,  ivi.  5&),  tnch  as  ^ 
by  the  velites  of  the  Roman  arraicA  (Polv 
and  apparently  synonymous  with  ptilet 
Aen,  viL  688)  ov  galmmlm.  (Frontin.  < 
iv.  7.  §  29.)  In  the  sculptures  on  the  I 
Trajan,  some  of  the  fttmiaii  soldletu  t 
sented  with  the  skin  of  a  wild  bemt  d 
the  head,  in  such  a  manner  that  the  hic 
between  the  upper  and  lower  jaws  of  tl 
while  the  rest  of  the  skin  fiil La  down  be 
the  back  and  shoulders^  as  described 
{Aen.  vii.  BQQ).  This,  however,  was  an 
fence  (Polyb.  L  c.\  and  mu4t  not  be  tak 
cttdo,  which  was  the  csip  itself;  that  is,  a 


CULPA* 

)xdiigaka,  [Galka.]  The  foUowrn^'iepn-' 
isBtiao  of  a  cndo  it  taken  from  Cboolli  Oaim' 
,1581.  [A.R.] 


CUtiTEIt 


37S 


CULCTTA.  [Lktus.1 
CUXEUS,  or  CU'LLBUS,  •  Ramaii 
vliek  was  ved  fivr  eatiiiuiting  the  produce  of 
jvit.  It  VM  the  largest  liquid  meame  used  hj 
tiw  RdBBDt,  amtainiiig  20  ciiHjoAorae,or]GOeoii^ 
Ibtii,  abnrt  119  galloiu.  (Rhem.  Fann.  IhPomi. 
4t  t.K,  87 ;  Plin.  H.  M  xir.  4  ;  Vairo,  R.  R. 
£i§7;Coliiin.ixLS.)  (P.  S.] 

CU'LBUS  or  CU'LLEUS,  a  nek  used  in  the 
pcnsknent  of  paniddei^     [Lbx   Ck>RNBLiA  db 
SjcmnSb] 
CULraA.    [BoMUfc] 

CULPA.    The  general  notion  of  doloi  mahu 
Bijr  be  cooTenientlj  explained  under  this  head. 

Cdpa  m  its  most  genenl  jmistical  sense  of  aanj 
ilkgal  act  of  eommission  or  omission  eompiehends 
idm  waiaa.  Bnt  the  special  meaning  of  culpa  is 
tiiUKi  from  that  of  dolus  mains.  Dolus  malus  is 
tiua  defined  hy  Lsbeo  (Dig.  4.  tit  3.  s.  1) :  — 
*IMbs  Dsliis  est  omnia  odliditas,  fidlada,  machi- 
Bttb  id  dream veniendnm,  fidlendum,  decipiendnm 
•Itenm  sdhibita.**  Dolus  mains,  therefore,  has 
R^Rnce  to  the  evil  design  with  which  an  act  is 
axflopfiihed  to  the  injury  of  another ;  or  it  may 
Wtheeril  Mgn  with  which  an  act  is  omitted  that 
ovglittohe  don&  The  definition  of  Aquilins,  a 
m«d  jurist,  the  friend  of  Cicero  and  his  colleague 
in  tiie  paetonhip  {de  Qf.  iiL  1 4),  labours  under  the 
defect  «f  the  definition  of  Serrius,  which  is  criticised 
^  Lalm.  (Dw.  4.  tit.  &  s.  I.)  This  seems  to  be 
Ae  AqoiliBS  who,  bj  the  edict,  gare  the  action  of 
dalai  msfaB  in  all  cases  of  ddus  malus  where  there 
«u  wkgiakuiTe  pioTiaion,  and  there  was  a  justa 
am.  (Gc  de  NaL  Dear,  ill  SO.) 

It  ii  maetiDies  considered  that  culpa  in  the 
fecial  mae  may  be  either  an  act  of  commission 
w  cnasBOD;  and  that  an  act  may  fidl  short  of 
^Bs,  is  not  coming  within  the  above  definition, 
bat  itnsj  appraich  veiy  near  to  dolus,  and  so  be- 
OBK  odpa  dole  proxima.  But  the  chanuieristie 
tf  «^  appeals  to  be  omission.  It  is  true  that 
ike  danmm  which  is  necessary  to  constitute  culpa 
atAentheeoosequenoe  of  some  act;  but  the  act 
demct  its  cdpese  character  rather  from  something 
tbtii  QButled  tiian  from  what  is  done. 

Colps  then  hdng  ehaneterised  b^  an  Jict  of 
■Msft  (Mpfipesfia),  or  omissio  diligentiae,  the 
^Mtion  aiwETB  is,  how  far  is  the  person  chaiged 
^t&calpaboand  to  look  alter  the  interest  of  an- 
M^,  or  to  use  dOigentia.  There  is  'io  such  ge- 
ml  obligatioD,  but  there  is  such  obligation  in 
V^j^i^Bltt  cases.  Culpa  is  sometimes  di^ded  into 
■Bilen^aidkvisriBM.    Lata  culpa  «*  est  niraia 


negligentia,  id  est,  nan  intelligere  quod  omne* 
inteUigunt'*(Dig.50.  titl6.  S.213.)  If  then  one 
man  injured  the  property  of  another  by  grass  care- 
lessness, he  was  always  bound  to  make  good  the 
damage  (damnum  praestare).  Such  culpa  was  not 
dolus,  because  there  was  not  intention  or  design, 
but  it  was  as  bad  in  its  oonsequenoes  to  the  person 
chaiged  with  it 

LoTis  culpa  is  negligence  of  a  smaller  degree. 
He  who  is  answerable  for  leris  culpa,  is  answeiw 
able  for  mjniy  caused  to  the  property  of  another 
by  some  omission,  which  a  careml  person  could 
have  wsTented.  For  instance,  in  the  ease  of  a 
thing  lent  [Commodatum],  a  man  must  take  at 
least  as  much  care  of  it  as  a  careful  man  does  of 
his  own  property.  There  is  nerer  any  culpa,  if 
the  person  chai^ged  with  it  has  done  all  that  the 
most  csrefiil  person  could  do  to  preTent  loss  or 
damage.  LoTissima  culpa  came  within  the  mean- 
ing of  the  term  culpa  in  the  lex  Aquilia ;  that  is, 
any  injurT  that  happened  to  one  manis  propertr 
through  the  conduct  of  another,  for  want  of  such 
care  as  the  most  careful  person  would  take,  was  a 
culpa,  and  therefore  punishable.  Bat  the  expres- 
sion levissima  culpa  is  said  to  oocnr  only  once  in 
the  Disest  (Dig.  9.  tit  2.  a  44). 

In  the  pi 


»ofHonoe(5bt  113.123.) 
**  Post  hoc  Indus  erat  culpa  potare  magistrs,** 

Bentiey  has  the  absurd  emendation  of  **  cuppa.** 
The  general  meanin|f  of  culpa  in  the  Roman 
writen  is  weU  explamed  by  Hasse  (p^  8).  Th«ra 
is  great  difficulty  in  stating  the  Roman  doctrin* 
of  dolus  and  culpa,  and  modem  jurists  are  by 
no  means  agreed  on  this  matter.  The  chief  essay 
on  this  subject  is  the  classical  work  of  Hasse 
^  Die  Culpa  des  Rttmiscben  Rechts,  second  edition 
by  Bethmann  —  Hollweg,  1838.  Hasse^  yiew  is 
briefly  explained  in  a  note  by  Rosshirt,  to  his  edi>« 
tion  of  Mackeldey'k  Lehrbuch,  §  342  (12th  ed.)  $ 
but  it  requires  a  careful  study  of  his  work  to  com- 
prehend Hasse^  doctrine  iuDy,  and  to  appreciate  the 
great  merits  of  this  excellent  essay.  What  is  stated 
in  this  short  article  is  necessarily  incomplete,  and 
may  be  in  some  respects  incoirect  [O.  L.] 

CULTER  (probably  from  eeUo^  peneUo;  dim 
adUOmMj  Engl.  eomUer;  in  southern  Germany,  da» 
hoUtr ;  French,  eomUam;  Greek,  ftdxaipa,  Komls^ 
or  o-^oryfs),  a  knife  with  only  one  edge,  which 
formed  a  straight  line.  The  blade  was  pointed 
and  its  back  curved.  It  was  used  for  a  variety  o6 
purposes  ;  but  chiefly  for  killing  animals  either 
in  the  sUuiffhter-house,  or  in  hunting,  or  at  the 
altars  of  the  gods.  (Lit.  iii.  48  ;  Scribonius, 
Compoi,  Mtd,  13 ;  Suet  Atig.  9 ;  Plant  Rud.  L  2.: 
43  ;  Virg.  Cfeorg.  iii.  492  ;  Ovid.  Fa$L  u  321.) 
Hence  the  expressions — bovem  ad  eHUrt$m  smere, 
**  to  buy  an  ox  for  the  purpose  of  slaughtering  it  ** 
(Varro,  De  Re  RusL  ii.  5)  ;  m«  saft  aUtt%>  l^iquit^ 
**  he  leaves  me  in  a  state  like  that  of  a  victim  dragged 
to  the  altar"  (Hor.  Sat.  I  9.  74)  ;  mad  ctiitrum 
loeare^  **  to  become  a  bestiarius**  (Seneca,  Ep.  87). 
From  some  of  the  passages  above  referred  to,  it 
would  anpear  that  the  culter  was  carried  in  a  kind 
of  sheatk  The  priest  who  conducted  a  sacrifice 
never  killed  the  victim  himself;  but  one  of  his 
ministri,  appointed  for  that  purpose,  who  was  called 
either  by  the  general  name  mmiaier^  or  the  more 
specific  papa  or  eufirmiue,  (Suet  Calig,  32.)  A 
tomb-stone  of  a  cultnirius  is  still  extant,  and  upon 
it  two  cultri  an.  represented  (Gruter,  InteripL  wU 
B  D  3 


874  eUPA. 

u.  p.64(h  No.  11),  which  are  oopi^  in  the  mn- 

Dexed  woodcut 


3r 


q.TIBVRTI.QX 

MENOLANl 
CVLTILARI.  OSSA 
HII0.8ITA.  SWr 


r 


The  name  culter  was  alio  applied  to  mors  (Cic 
De  Off,  iL  7  ;  Plin.  viL  59  ;  Petnm.  Sat,  108), 
and  kitchen  knives  (Varro,  op,  Norn,  iil  32).  That 
in  these  cases  the  culter  was  different  from  those 
above  represented,  and  most  probably  smaller,  is 
tertain  ;  aince  whenever  it  was  used  for  shavinff  or 
domestic  purposes,  it  was  always  distinguished 
from  the  common  culter  by  some  epithet,  as  culter 
tfofisorNM^  wUer  eoquinaru.  Fruit  Imives  were  also 
called  cultri  ;  but  they  were  of  a  smaller  kind 
(etiiieUi),  and  made  of  bone  or  ivory  (CoIuol  xii. 
14,  45  ;  Plin.  xiL  25  ;  Seribon.  c.  83).  Colu- 
neUa,  who  gives  (iv.  25)  a  very  minute  descrip- 
tion of  a/i££  vinUori€i^  a  knife  for  pruning  vines, 
•ays  that  the  part  of  the  blade  nearest  to  the 
kwidle  was  called  culter  on  account  of  its  simihirity 
to  an  ordinary  culter,  the  edge  of  that  part  form- 
ing a  straight  line.  This  ciuter  according  to  him 
was  used  when  a  bnuich  was  to  be  cut  off  which 
lequired  a  hard  pressure  of  the  hand  on  the  knife. 
The  name  culter,  which  was  also  applied  to  -the 
sharp  and  pointed  iron  of  the  plough  (Plin.  H.  M 
zriil  18.  48),  is  still  extant  in  English,  in  the  form 
coulterj  to  designate  the  same  thing.  [Aratrum.] 
The  expression  m  euUrum  or  m  euUro  eoUocattu 
(Vitruv.  X.  10,  14)  signifies  placed  in  a  perpendi- 
cular position.  [L.  S.] 
CULTRA'RIUa  [CuLTBR.] 
CU'NEUS.  [ExBRciTus ;  Thbatrum.] 
CUNrCULUS  {&w6yotAos),  A  mine  or  pas- 
sage underground  was  so  called  from  its  resemblance 
to  the  burrowing  of  a  rabbit  Thus  Martial  (xiii. 
60)  says, 

**  Oaudet  in  effossis  habitare  cnniculus  antris, 
Monstravit  tacitas  kostibus  ille  vias.** 

Fidenae  and  Veii  are  said  to  have  been  taken 
bj  mines,  which  opened,  one  of  them  into  the 
citadel,  the  other  into  the  temple  of  Juno.  (Li v. 
iv.  22,  V.  19.)  Niebuhr  {Hist.  Rom,  vol  ii. 
p.  483)  observes  that*  there  is  hardly  any  authen- 
tic instance  of  a  town  being  taken  in  the  manner 
related  of  Veii,  and  supposes  that  the  legend  arose 
out  of  a  tradition  that  Veii  was  taken  by  means  of 
Ii  mine,  by  which  a  part  of  the  wall  was  over- 
thrown. [R.  W.] 
.  CUPA,  a  wine-vat,  a  vessel  very  much  like  the 


CURATOR. 
doHmm^  and  used  for  the  san 
receive  the  fresh  must,  and  to  oontaii 
process  of  fermentation.  The  inleri< 
drawn  for  drinking  from  the  ea^w,  ^ 
bottled  in  ampkora^  and  hence  the  1 
eupa  (Varr.op.  Norn,  iL  IIS  ;  Dig.  1 
§  4).  The  phrase  in  Horace  (Sat.  ii 
potare  magutra^  if  correct,  would  n 
the  wine  vessel  the  sole  maguter  hAt 
adopts  eupa  in  this  passage,  as  an 
eopoy  a  hottest,  a  word  connected  wit 
word  occurs  in  Suetonius  {Ner.  27 
Viigil^s  minor  poems  was  entitled  C 
(Charis.  i.  p.  47,  Putsch.)  In  tl 
Horace,  however,  the  reading  evpc 
jectural:  the  MSS.  give  emlpa,  out 
good  sense  can  be  made.  (See  the  i 
dorf,  Orelli,  and  Duntxer.) 

The  atpa  was  either  made  of  eart 
the  doUmm^  or  of  wood,  and  covered  i 
the  latter  case,  pine-wood  was  pre 
H.  AT.  xvi  10.  s.  18).  It  was  ui 
purposes,  such  as  preserved  fruits  an 
ug  rafts,  and  containing  combusti 
and  even  for  a  sarcophi^^us.  (See 
cited  by  Forcellini,  i.  o.)     [Comp.  I 

NUM.] 

CURA.  [Curator.] 
CURATE'LA.  [Curator.] 
CURATIO.  [Curator.] 
CURA'TOR.  Up  to  the  time 
every  Roman  citicen,  as  a  general  r 
pable  of  doing  any  legal  act,  or  mU 
contract  which  might  be  injurious  1 
time  when  pubertas  was  attained,  wi 
dispute ;  some  fixed  it  at  the  commen 
age  of  procreation,  and  some  at  the  a( 
(Gains,  i  169.)  In  all  transactions  bj 
it  was  necessary  for  the  auctoritas  o 
be  interposed.  [Auctoritas;  Tu 
the  age  of  puberty,  the  youth  attaine 
of  contracting  marriage  and  becon 
fiunilias:  he  was  liable  to  military 
entitled  to  vote  in  the  comitia;  an( 
with  this,  he  was  freed  fimn  the  oont 
Females  who  had  attained  the  age  c 
came  subject  to  another  kind  of  tatebi 
With  the  attainment  of  the  age  of 
Roman  youth,  every  legal  capacity 
which  depended  on  age  only,  with 
of  the  capacity  for  public  offices,  and 
rule  about  age,  even  as  to  public  offio 
passing  of  the  lex  Villia.  [Aboili 
however,  a  matter  of  necessity  to  gi^ 
protection  to  young  persons  who,  oi 
tender  age,  were  liable  to  be  ovent 
consistently  with  the  development  of 
prudence,  this  object  was  effected  n 
fcring  with  the  old  principle  of  friU  1 
being  attained  with  the  age  of  pubert; 
accomplished  by  the  lex  Pretoria  (tt 
of  the  lex,  as  Savigny  has  shovni), 
which  is  not  known,  though  it  is  cei 
law  existed  when  Plautus  wrote  {Pi 
69).  This  law  established  a  distin 
which  was  of  great  practical  importai 
ing  the  citixens  into  two  classes,  tbo 
those  below  twenty-five  years  of  age  (« 
quinqut  atmit\  whence  a  person  uni 
mentioned  age  was  sometimes  simply 
The  object  of  the  lej(  was  .to  protect  f 


\ 


CURATOR.  • 

tnofy-five  jeui  of  age  againit  bU  Dnud  (<Io&m). 
Tji  penoo  who  was  guilty  of  mch  a  frand  waa 
Isakk  to  a  jadidam  pttblicum  (Cic.  De  N<tL  Dtor, 
ill  30),  tboogh  tlie  offence  waa  inch  aa  in  the 
cue  of  a  penon  of  full  age  would  only  have  been 
mtter  of  acCioa.  The  puniahment  fixed  by  the 
]£X  Flaeloria  waa  probalkly  a  peconiai^  penalty, 
aad  the  *M»^fnn«titiii|  poniahnient  of  ^wfawpVi  or 
kai  of  politial  lighta.  The  minor  who  had  been 
ftaadoloidj  led  to  make  a  diaadTantageooa  contiact, 
night  protect  himaell'  againat  an  action  by  a  plea 
cf  the  lex  Piaetoria  {eaeceptio  UgU  PiaetorioB). 
TIk  lex  alioi^ypeaE*  to  hare  further  provided  that 
anr  peraon  who  dealt  with  a  minor  might  aroid  all 
li^oftbecanMqiMncca  of  the  Plaetoria  lex,  if  the 
max  wM  aided  and  aatiatrd  in  such  dealing  by  a 
cantor  BMMd  or  chooen  fiw  the  occaaion.  But 
tbe  contar  did  not  act  like  a  tutor :  it  can  hardly 
le  foppoMd  that  hia  conaent  waa  even  neeeaeary  to 
^  cflBtact ;  br  the  minor  had  full  legal  capacity 
to  act,  and  the  boainesa  of  the  curator  ^"as  merely 
to  pccTcni  Us  being  defrauded  or  aurpriaed. 

The  poetocian  edict  carried  atili  further  the 
inDopfeof  the  lex  Plaetoria,  by  protecting  minora 
psMially  againit  pontiTe  acta  of  their  own,  in 
all  caaea  in  which  the  conaequencea  might  be 
iajorioai  to  them.  Thia  waa  done  by  the  **  in  in- 
tegrcm  nadtiitio:*  the  praetor  aet  aaide  tiana> 
acticns  of  thia  deacription,  not  only  on  the  ground 
of  feud,  hot  on  a  conaideration  of  all  the  circum- 
siDoes  of  the  caae.  But  it  waa  neceaaary  for  the 
maor  to  make  applicatioa  to  the  praetoi;  either 
ianngkii  oiinaritjr,  or  within  one  year  after  attain- 
ipg  ha  majority,  if  he  claimed  the  reatitutio  ;  a 
Uaitatioa  piobably  founded  on  the  lex  Phetori^ 
Tke  preTiiiooa  of  thia  lex  were  thoa  aopeneded  or 
Kadocd  vmeeeaaaiy  by  the  juriadiction  of  the 
pnetor,  aad  aeoording^T  we  find  very  few  tracea  of 
tfae  Pbetoriaa  law  in  the  Roman  juiiata. 

Ulpiaa  aad  his  contemponriea  q»eek  of  adole* 
■eeato,  mder  twenty-fire  yeara  of  age,  being  onder 
the  ^cmf  direction  and  adTioe  of  cnratorea,  aa  a 
BotoiioBs  principle  of  law  at  that  time.  (Dig.  4. 
tit  4 ;  De  Mhioribiia  xxr  Annia.)     The  eatabliah- 
mrat  of  this  genenl  role  ia  attriboted  by  Capito- 
liBBi  (JV.  dalea.  e.  10)  to  the  emperor  M.  Anrelina 
IB  a  poMge  which  haa  given  riae  to  moch  diacnaaion. 
SiT^ j^  expbnatiott  ia  aa  foUowa :  —  Up  to  the 
time  of  Marena  Auxeliua  there  were  only  three 
om  at  kiada  of  curatela :    1.  That  which  waa 
iixmded  on  the  lex  Phietoria,  by  which  a  muior 
«ho  vidud  to  enter  into  a  contract  with  another, 
1^  the  pnetor  for  a  cnrator,  atating  the  ground 
«  occarion  of  the  petition  {reddUa  comb).    One 
0^  of  the  application  waa,  to  aave  the  oUier  con- 
taetiDg  patty  from  all  riak  of  judicial  pioceedinga 
in  oaieqiMnce  of  dealing  with  a  minor.     Another 
o^ect  waa,  the  benefit  of  the  applicant  (the  minor) ; 
far  00  pnidcnt  penon  would  deal  with  him,  ex- 
opt  with  the  legal  aecority  of  the  curator.  (Plant 
pMadoba^L  S.  69.  *^Lexmeperditqninayioenaria: 
Betnoiit  credere  omnea.^)    2.  The  cnrateki,  which 
«u  giTtt  in  the  caae  of  a  man  waating  hia  anb- 
■tett,  who  vaa  called  ^'prodigua.**    S.  And  that 
>a  the  caae  of  a  man  being  of  unaound  mind, 
**deDMni)**  ^forioana.**  In  both  the  laat- mentioned 
oaei  ftoriaifln  waa  made  either  by  the  law  or  by 
the  piaetflii    CunUoTea-who  were  detennined  by 
the  iav  of  the  Twelve  Tables  were  caUed  legitimi ; 
thflie  who  were  named  by  the  praetor,  were  called 
A  forioma  and  prodigua^   whatever 


CURATOR. 


rn 


might  be  their  age,  were  placed  under  the  cnra  of 
their  agnati  by  the  law  of  the  Twelve  TaUea. 
When  there  waa  no  legal  pcoviaion  for  the  appoint* 
ment  of  a  cuiator,  the  praetor  named  oneu  Cnia- 
torea  appointed  by  a  conaul,  praetor,  or  governor 
of  a  pnivince  {pramǤ\  were  not  generally  reqaiied 
to  give  aeeurity  for  their  proper  eondnct,  having 
been  choaen  aa  fit  peraona  for  the  office.  What 
the  lex  Plaetoria  required  for  particular  tranaae- 
tiona,  the  emperor  Aurelina  ummm  a  general  rule, 
and  all  minora,  without  exception,  and  without  any 
apecial  giounda  or  reaaona  (aoa  r^ddUU  eamm)^ 
were  required  to  have  curatorea 

The  following  ia  the  leault  of  Savignyla  inveatiga- 
tiona  into  the  cuatela  of  minora  after  the  eonatitnUon 
of  M.  Anielina  The  aubject  ia  one  of  cmuiderable 
difficulty,  but  it  ia  treated  with  the  moat  cooaam- 
mate  akill,  the  reault  of  complete  knowledge,  and 
unrivalled  critical  aagacity.  The  minor  only  re- 
ceived a  general  curator  when  he  made  applicatioa 
to  the  praetor  for  that  purpoae :  he  had  the  right 
of  proposing  a  penon  aa  curator,  but  the  praetor 
might  reject  the  peraon  propoaed.  The  apparent 
contradiction  between  the  rule  which  required  all 
minora  to  have  a  cnrator,  and  the  foct  that  the 
minor  received  a  general  curator  only  when  he  ap- 
plied for  one,  ia  exphuned  by  Savigny  in  hia  eaaay 
(p.  272,  &e.).  The  curator,  on  being  appointed, 
had,  without  the  concurrence  of  the  minor,  aa 
complete  power  over  the  minora  property  aa  the 
tutor  had  up  to  the  age  of  pubtfty.  He  could 
aue  in  reapect  of  the  minor^a  property,  get  in 
debta,  and  diipoae  of  property  like  a  tutor.  But  it 
waa  only  the  property  which  the  praetor  iatruated 
to  him  that  he  managed,  and  not  the  aoquiaitiona 
of  the  minor  aubaequent  to  hia  appointment ;  and 
herein  he  differed  irom  a  tutor  who  had  the  care  of 
all  the  invperty  of  the  pupillua.  If  it  waa  intended 
that  the  curator  ahould  have  the  care  of  that  which 
the  minor  acquired,  after  the  curator^  appoinU 
ment,  by  will  or  otherwiae,  a  apecial  application 
for  thia  purpoae  waa  neceaaary.  Thua,  aa  to  the 
property  which  waa  placed  under  the  can  of  the 
cnrator,  both  aa  regarda  alienation  and  the  getting 
in  of  debt^  the  minor  waa  on  the  aarae  footing 
aa  the  prod^fna :  hia  acta  in  relation  to  auch  mat- 
ten,  without  die  cniator,  were  void.  But  the 
legal  capacity  of  the  minor  to  contract  debta  waa 
not  affected  by  the  qjpointment  of  a  curator ;  and 
he  might  be  aued  on  hia  contract  either  during 
hia  minority  or  after.  Nor  waa  there  any  incon- 
aiatency  in  thia:  the  minor  could  not  apend  hia 
actual  property,  for  the  preaervation  of  hia  property 
during  minority  waa  the  object  of  the  curator'k  ap- 
pointment But  the  minor  would  have  been  de- 
prived of  all  legal  capacity  for  doiog  any  act  if  he 
could  not  have  become  liable  on  hia  contract  The 
contract  waa  not  in  ita  nature  immediately  inju- 
rioua,  and  when  the  time  came  for  enforcing  it 
againat  the  minor,  he  had  the  general  protection  of 
the  reatitutio.  If  the  minor  wiahed  to  be  adn»- 
gated  [AooPTio],  it  waa  neceaaaxy  to  have  the 
conaent  of  the  curator.  It  ia  not  atated  in  the 
extant  authoritiea  what  waa  the  form  of  proceeding 
when  it  waa  neceaaary  to  diapoae  of  any  property 
of  the  minor  by  the  mancipatio  or  in  jura  ceaaio  ; 
but  it  may  be  aafely  aaatmied  that  the  minor  acted 
(for  he  idone  could  act  on  auch  an  occaaion)  and 
the  curator  gave  hia  conaent,  which,  in  the  caae 
Buppoaed,  would  be  analogoua  to  the  auctoritaa  of 
the  tntoc  But  it  would  di£Ger.  from  the  aqctocita% 
B  B  4 


376 


CURATOR. 


m  not  being,  like  the  auctoritas,  necessary  to  the 
completion  of  the  legal  act,  but  merelj  necessary 
to  remoye  all  legal  objections  to  it  when  com- 
pleted. 

The  coia  of  spendthrifts  and  persons  of  ansonnd 
mind,  as  already  observed,  owed  its  origin  to  the 
laws  of  the  Twelve  Tables.  The  technical  word 
for  a  person  of  unsound  mind  in  the  Twelve  Tables 
M /uriotua^  which  is  equivalent  to  dement;  and 
both  words  are  distinguished  from  in$a$nu.  Though 
Juror  implies  violence  in  conduct,  and  dementia  only 
mental  imbecility^  there  was  no  legal  difference  be- 
tween the  two  terms,  so  far  as  concerned  the  cura. 
Ineania  is  merely  weakness  of  understanding 
{tttdtiHa  constantia^  id  esf,  $anitaie  vaeane^CK.  Tuto, 
Quaed.  iii.  5),  and  it  was  not  provided  for  by  the 
laws  of  the  Twelve  Tables.  In  later  times,  the 
praetor  appointed  a  curator  for  all  persons  whose 
mfirmities  required  it  This  law  of  the  Twelve 
Tables  did  not  apply  to  a  pupillus  or  pupilla.  If, 
therefore,  a  pupillus  was  of  unsound  mind,  the 
tutor  was  his  curator.  If  an  agnatus  was  the 
curator  of  a  fiirioeus,  he  had  the  power  of  alien- 
ating the  property  of  the  furiosuSb  (Oaius,  il  64.) 
The  prodigus  only  received  a  curator  upon  appli- 
cation being  made  to  a  magistratns,  and  a  sentence 
of  interdiction  being  pronounced  against  him  (ei 
bonit  inlerdictum  esL  Compare  Cic.  De  Sencc,  c.  7). 
The  form  of  the  interdictio  was  thus :  — ''  Quando 
tibi  bona  patema  avitaque  nequitia  tua  disperdis, 
liberoeque  tuos  ad  egestatem  perducis,  ob  eam  rem 
tibi  ea  re  oommercioque  interdioo.**  The  cura  of 
the  prodigus  continued  till  the  interdict  was  dis- 
solved. It  might  be  inferred  from  the  form  of  the 
interdict,  that  it  was  limited  to  the  case  of  per- 
sons who  had  children  ;  but  perhaps  this  was  not 
to.  (Dig.  27.  tit  10 ;  Cod.  6.  tit  70 ;  Inst  L 
tit  23.) 

It  will  appear  from  what  has  been  said,  that, 
whatever  similarity  there  may  be  between  a  tutor 
■nd  a  curator,  an  essential  distinction  lies  in  this, 
that  the  curator  was  specially  the  guardian  of  pro- 
perty, though  in  the  case  of  a  furiosus  he  must 
also  have  been  the  guardian  of  the  person.  A 
curator  must,  of  course,  be  legally  qualified  for  his 
functions,  and  he  was  bound,  when  appointed,  to 
accept  the  duty,  unless  he  bad  some  legal  exemp- 
tion (exeueatio).  The  curator  was  also  bound  to 
account  at  the  end  of  the  curatela,  and  was  liable 
to  an  action  for  misconduct 

The  word  cura  has  also  other  l^[al  applications : 
—  1.  Cura  bonoruniy  in  the  case  of  the  goods  of  a 
debtor,  which  are  secured  for  the  benefit  of  his 
creditors.  2.  Cura  bonorum  el  ventris,  in  the  case 
of  a  woman  being  pregnant  at  the  death  of  her 
husband.  3.  OunsAem/titofM,  in  case  of  a  dispute 
US  to  who  is  the  heres  of  a  person,  when  his  sup- 
ped child  is  under  age.  4.  Cura  herediiatit 
jaeentif,  in  the  case  of  a  property,  when  the  heres 
had  not  yet  declared  whether  or  not  he  would  ac- 
cept the  inheritance.  5.  Cura  bonorum  absentia^  in 
the  case  of  property  of  an  absent  person  who  had 
appointed  no  manager  of  it 

This  view  of  the  curatela  of  minors  is  fi^m  an 
essay  by  Savigiiy,  who  has  handled  the  whole 
matter  in  a  way  equally  admirable,  both  for  the 
scientific  precision  of  the  method  and  the  force  and 
perspicuity  of  the  language.  (  Von  dem  Schulx  der 
Minderjdhrigen^  ZeiUchrift.  vol.  x.  ;  Savigny,  Vom 
Beruf,  &c  p.  102  ;  Gains,  i  197;  Ulp.  Frag.  xii. ; 
Dirks  n,  Ueberticiu^  &c.  Tab,  y.  Frag,  7  ;  Mac- 


CORAtOIlBS. 

keldey,  LeMudi  dee  keut^fen  H&mu 
§  588,  &c.  (12th  ed.)  ;  Thibsnt,  Syti 
deken-Reckit,  §  786,  &c  9th  ed.  &c 
CURATO'RES,  were  public  office 
kinds  under  the  Roman  empire^  seve 
were  first  established  by  Augustus. 
37.)  The  most  important  of  them 
low:  — 

1.  CU&ATORKS  AlVU  XT  RiPARl 

the  charge  of  the  navigatioD  of  the 
duties  of  their  office  may  be  gathered 
(Dig.  43.  tit  15).     It  was  reckoned 
able,  and  the  persons  who  fiUed  it  n 
wards  the  title  of  comitea. 

2.  CURATORBS  ANNONikB,  who  pRl 

and  oil  for  the  state,  and  sold  it  aga 
price  among  the  poorer  citizens.  Tfa 
called  euraioras  emendi  /rumenU  i 
air&vai  and  iKuiwai.  (Dig.  50.  tit  i 
Their  office  belonged  to  the  pereona 
that  .is,  it  did  not  require  any  expc 
peison^s  private  property:  but  the  < 
ceived  ftcm  the  state  a  sufficient  sum 
purchase  the  required  amount  (Di( 
s.  9.  §  5.) 

3.  CURATORU  AqDARUM.  [A( 
TU8.] 

4.  CURATORBS    KaLBNDARXI,    wl 

care  in  municipal  towns  of  the  ialenda 
the  books  which  contained  the  name( 
sons  to  whom  public  money,  which  wai 
for  the  ordinary  expenses  of  the  town 
interest  The  office  belonged  to  th 
munera,  (Dig.  50.  tit  4.  s.  18.  §  2; 
§  7 ;  Heinecc.  Antiq,  Rom.  iii.  15.  § 
officers  are  mentioned  in  inscriptions  £ 
nicipal  towns.  (Orelli,  Ineerip,  No.  3S 

5.  CuRATORsa  LuDORUM,  who  ha 
the  public  games.  Persons  of  rank  apj 
been  usually  appointed  to  this  office, 
xi.  35,  xiii.  22 ;  Suet  CaL  27.)  In 
they  are  usually  called  caircitores  mm 
torn,  &c 

6.  CURATORBS    OpBRUM    FvBhKt 

had  the  care  of  all  public  buildings, 
theatres,  baths,  aquaedncts,  Slc^  and 
the  contractors  for  all  necessary  repai 
Their  duties  under  the  republic  were 
by  the  aediles  and  censors.  [Cknsor 
are  frequently  mentioned  in  inscriptict 
In$erip.  Na  24,  1506,  2273.) 

7.  CuRATORBS  Rbgionum,  who  h 
of  the  fourteen  districts  into  which 
divided,  and  whose  duty  it  was  to 
disorder  and  extortion  in  their  res] 
tricts.  This  office  was  fint  instituted 
tus.  (Suet  Aug.  30.)  There  were  usua 
oers  of  this  kind  for  each  district; 
Severus,  however,  appean  to  have  app 
one  for  each ;  but  these  were  persons 
rank,  who  were  to  have  jurisdicticMi  in 
with  the  praefectus  urbi.  (Lamprid.  Al 
We  are  told  that  M.  Antoninus,  a 
regulations,  gave  special  directions  thi 
tans  regionum  should  either  punisl 
before  the  praefectus  urbi  for  punishnM 
sons  who  exacted  firom  the  innabitanti 
the  legal  taxes.    (Jul.  CapitoL  M.  Am 

8.  CURATORBS  Rbipublicab;,  also 
G18TAB,  who  administered  the  landi 
of  municipia.    (Dig.  50.  tit  8.  s.  9.  §  2 


CURIA. 
iti)  IHpBB  vzole  a  lepuate  woi^  D$  Qfieio 
CnAnt  iiBpMMK. 
3.  CifiuToais  VumvM.    [Viax.] 
CU'RIA,  Bgnifief  both  a  diTidflsi  of  tlw  Roman 
peajik  and  tbe  phoe  of  aaRmblj  lor  mch  a  divi- 
lia.  VarioH  etjmologiea  of  the  word  hare  been 
piapoid,  batDomieeBU  to  be  ao  plaiuible  af  that 
TJtxh  oooBcdi  it  vith  the  Sabine  mud  gmri$  or 
am  (whenoe  the  mmaBie  of  Juno  CWilit  among 
tlwSalamX 

M  of  tht  tiirw  andent  Romilian  tribei, 
tk  RiBiei,  I!tk%  Hsd  Loeeiea,  waa  lubdiTided 
all  10  coriae,  h  that  the  whole  body  of  the 
ppaks  or  lite  patridaoa  ireie  diiided  into  SO 
one.  (Lit.  1 13;  Dionys.  ii  7,  23 ;  Pint  J?oai. 
19.)  ThepIeMBia  bad  no  oannectkni  whaterer 
witk  tke  eaat,  and  the  dienta  of  the  ptriciana 
woKioDbaflf  the  coriae  only  in  a  paaaive  aenae. 
(Ffit  p.  285,  ed.  Mtnier ;  ocanpw  Patrioi,  Gins.) 
Mtiie  nemben  i>f  the  different  gentea  belonging 
tooMORavcncalled,  in  leapeet  of  one  anoUier, 
eaiaks.  The  diviiion  into  eonae  waa  of  gnat 
fshtical  inportuee  in  the  eailieat  timea  of  lUnne, 
hr  tk  cnriie  alooe  contained  thoae  that  were 
tal  dtaeia,  nd  their  aaaembly  alone  waa  the 
kptiBate  repRaentattve  of  the  whole  people 
[CoaiTU  cv«uta],  from  whom  all  other  powers 
msaki  The  Moatoia  and  eqnitea  were  ol 
coDRchoKo  from  aaiong  them ;  bat  their  import- 
Kensapecally  maa^feat  in  the  leligiooa  aflhira 
tf  tin  Hate.  Each  curia  aa  a  corporation  had  ita 
pctvliar  saca  (Fest.  pp.  174,  245  ;  PanL  Diac 
p.  49,  ei  MBIIer),  sod  beaidea  the  goda  of  the 
^tbe|nnnhipped  other  dirinitiea  and  with 
iKaiiar  lites  and  ceremoniea.  For  each  religioua 
fopM  each  curia  had  ita  own  place  of  worahip, 
oBtd  curia,  which  at  fint  may  have  contained 
Bot%  bet  an  altai^  afterwarda  a  aaoelliun,  and 
faaSk  I  baildmg  in  which  the  cnrialea  aaaembled 
^  tiie  parpoae  oif  diacmaing  political,  financial,  re- 
mand other  msttera.  (PaaL  Diac.  pp.  62, 
^;DiooTi.iL50.)  The  religiooa  affiura  of  each 
caria  voe  taken  care  of  by  a  prieat,  mrio^  who 
VM  iMiled  by  another  called  cnrialia  Flamen. 
(M  Diat  pp,  4a,  64;  Vairo,  J)eL.L.y.  83, 
1 46;  Diooya.  il  21 ;  comp.  CvRia)  The  SO 
diiaehad  each  ita  diatinct  name,  which  are  aaid 
tobTc  bea  derived  from  the  namea  of  the  Sabine 
^■KB  vho  had  been  canied  off  by  the  Romana, 
%b  itia  eridept  that  some  derived  their  namea 
Bon  catab  dittricta  or  from  ancient  eponymona 
««••  Fewof  theae  namea  only  are  known,  anch 
■  cam  Titia,  Fanda,  CahOm,  Forienaia,  Rapta, 
Vdiaitt,Tifitta.  (PaaL  Diac  pp.  4d,  366  ;  Feat 
flH;  Lhr.  i  18;  Djony^  ii.  47  ;  Cic.  De  Re 
^ii.8.)  The  political  unportanee  of  the  coriae 
ttK  m  poportiQn  aa  that  of  the  plebeiana  and 
awTwdi  of  the  nolnlitaa  roae  ;  bnt  they  atQl 
«WM«d  the  lelwiooa  obaervanoeo  of  their  cor- 
pcatioB,  oBtil  in  the  end  theae  alao  loat  their  im- 
poraiw  and  ahaoat  Ml  into  oblivion.  (Or.FcuL 
a.  527,  At)  ^ 

Caiia  ia  alao  need  to  A^mffwA^  the  place  in 
^liici  the  aaate  held  ita  meetmsa,  aoch  aa  coria 
a«3i»,earia  Jnlja,  amaMarceUi,  coria  Pompeii, 
"»  Odariae,  and  from  thia  there  giadnally  aroae 
tteoatomofcaffingtheaenateitaelf  inthe  Italian 
™«na,  hot  never  the  aenate  of  Rome.  The 
"fiealrwdeoee  of  the  Salii,  which  waa  dedicated 
to  ^  waa  likewiaeatyled  curia.  {Cie.de  Dw, 
»•  Uj  Dwiyfc  jii;  6}  PhiU  OwuiL  82:  comp. 


CURIUSL  t7T 

Bedcer,flSMA^4er  RSm.  AUerO.  voLE  part  i 
p.  81,  Ac)  [L.a] 

CU'RIA  (fiwktvrkpim,  yep9oaim\  m  archi- 
tecture;  The  building  in  which  the  h%heat  coon* 
dl  of  the  atate  met,  in  a  Greek  or  Latin  city,  ii 
deaoibed  by  Vitravioa  aa  being  adjacent  to  the 
a^ora  or  /bnum»  Ita  form  waa  qnadnngolar  | 
either  aqnare  or  obki^  If  aq[aare,  ita  height  waa 
one  and  a  half  timea  ita  length :  if  oUong,  the  he%ht 
waahalftheamiofthelei^andfanaidth.  Thna, 
a  aenate  hooae  40  feet  aqnaie  woald  be  60  feet 
high :  and  oaie  60  feet  by  40  wonld  be  dOfoet  hiffh: 
which  an  aomewhat  lemaikable  pnportioaw.  Half 
way  np  each  wall  there  waa  a  projecting  ahelf  or 
conioe  to  prevent  the  voice  being  loot  in  the  height 
of  the  boilding:  Vitmvina  aaya  nothing  of  oolumna 
in  the  oaria,  bnt  we  know  that  in  aome  Ondc 
aenate  hooaea,  aa  in  that  at  Phoda,  there  were 
rowa  of  colnmna  down  each  aide,  rery  near  the  wall 
(Paoi.  viiL  32,  z.  5),  and  thia  alao  waa  the  caae  at 
PompeiL  A  aort  of  religiooa  chaiaeter  waa  con- 
ceived to  belong  to  the  aenate  hooae ;  and  there 
were  often  atatnea  of  the  goda  placed  in  it  (Pana. 
L  &)  Reapectin^  the  three  omnae  at  Rome,  the 
Hoatilia,  the  Jnlia,  andthe  Pompeiana,  aee  DitL  of 
Or.  amd  Rom.  Geog.  art  Roma.  ( Vitruv.  v.  2  ; 
Stieglita,  AnMioL  d.  Baukmut,  voL  iii  pt  21  ;  Hirt» 
LAre  d.  GebUmdej  pp.  186—1 88).  [P.  &] 

CURIATA  COMI'TIA.    [Comitu.] 

CU'RIO,  the  peiaoQ  who  atood  at  the  head  of  a 
coria,  and  had  to  manage  ita  affiura,  eapecially 
thoae  of  a  religiooa  natnre  (Dionya.  ii.  7,  65 ; 
VaiTO,  Z>0  L.  L.  V.  15,  32,  vl  6) :  in  their  ad- 
miniatration  he  waa  aaaiated  by  another  prieat» 
called  flamen  corialia.  (Paol.  Diac  p.  64  ;  IMonyau 
iL21,64.)  Aa  there  were  thirty  coriae,  the  number 
of  curionea  waa  likewiae  thirty,  and  they  formed  a 
college  of  prieata»  which  waa  headed  by  one  of 
them  bearing  the  title  of  cainb  maaamme,  (PaoL 
Diac  p.  126  ;  Liv.  zxviL  8.)  He  waa  elected  in 
the  comitia  curiata,  and  had  authority  over  the 
coriae  aa  well  aa  over  the  cunoneai  It  need  hardly 
be  obaerved,  that  the  office  of  corio  could  not  be- 
held by  any  one  except  a  patrician ;  at  a  ooa»» 
paratively  late  time  we  indeed  find  now  and  then 
a^ebeian  inveated  with  the  office  of  coiio  maximua 
(Iiiv.  xzvii  8,  zxziii.  42),  but  thia  only  ahowa  how 
much  the  ancient  inatitution  of  the  curiae  had 
then  loat  of  ita  original  meaning  and  importance  ; 
and  at  the  time  when  the  plebeiana  had  gained 
acceaa  to  prieatly  dignitiea,  the  office  of  curio  aeema 
to  have  been  locked  upon  m  the  light  of  any  other 
prieatly  dignity,  and  to  have  been  conferred  upon 
plebeiana  no  leaa  than  upon  patriciana.    [L.  &] 

CU'RIUS  {KOpm\  aignifiea  genially  the  per- 
aon  that  was  leaponaible  for  the  welfiure  of  aneh 
members  of  a  foinily  aa  the  kw  preaumed  to  be 
incapable  of  protecting  themaelvea;  aa,  for  inatanoe, 
minora  and  davea,  and  women  of  aU  agea.  Fathers,  - 
therefore,  and  guardians,  huabands,  the  nearest 
male  relativea  S  women,  and  maaters  of  fomiliea, 
would  all  bear  thia  title  in  reapcct  of  the  vicarious 
fnnctiona  ezereiaed  >y  them  in  behalf  of  the  re- 
apective  objecta  of  their  care.  The  qualifications 
of  all  these,  in  reapect  of  which  they  can  be  com- 
bined in  one  daaa,  deaignated  by  the  teim  euriiu^ 
were  the  male  aez,  years  of  discretion,  freedom, 
and  when  dtizens  a  sufficient  share  of  the  franchiae 
(^iriftla)  to  enable  them  to  appear  in  the  law 
courts  as  plaintiffs  or  defendants  in  behalf  of  their 
several  chai^ges  ;  in  the  case  of  the  catrms  being  a. 


(7« 


CURRU8L 


resident  iiliieii,  tBe  deficiency  of  firanchiie  would  be 
■applied  by  his  Athenian  patron  (trpotrrtiTiyf). 
The  duties  to  be  performed,  and  m  defiuilt  of  their 
perfonnaikce,  the  penalties  incurred  by  guardians, 
and  the  proceedinffs  as  to  their  appointment,  are 
mentioned  under  their  more  usnal  title  [Epitro- 

PU8]. 

The  business  of  those  who  were  more  especially 
designated  atrU  in  the  Attic  laws,  was  to  protect 
the  interests  of  women,  whether  spinsters  or  widows, 
or  persons  separated  from  their  husbands.  If  a 
citizen  died  intestate,  leaving  an  orphan  daughter, 
the  son,  or  the  father,  of  the  deceased  was  bound 
to  supply  her  with  a  sufficient  dowry,  and  giro  her 
in  marriage  ;  and  take  care  both  for  his  own  sake 
and  that  of  his  ward,  that  the  husband  made  a 
proper  settlement  in  return  for  what  his  bride 
brought  him  in  the  way  of  dower  {inrorlfirifia, 
llarpocr.).  In  the  event  of  the  death  of  the  hus- 
band or  of  a  divorce,  it  became  the  duty  of  the 
euriiu  that  had  betrothed  her,  to  receive  her  back 
and  recover  the  dowry,  or  at  all  events  ali- 
mony from  the  husband  or  his  representatives.  If 
the  &ther  of  the  woman  had  died  intestate,  with- 
out leaving  such  relations  as  above-mentioned  sur- 
viving, these  duties  devolved  upon  the  next  of 
kin,  who  had  also  the  option  of  marrying  her  him- 
self, and  taking  her  fortune  with  her,  whether  it 
were  great  or  small.  (Bunsen,  De  J,  H.  Ath,  p.  46.) 
If  the  fortune  was  small,  and  he  was  unwilling  to 
marry  her,  he  was  obliged  to  make  up  its  defici- 
rocies  according  to  a  regulation  of  Solon  (Dem. 
«;  Macart.  p.  1068)  ;  if  it  were  large  he  might,  it 
appears,  sometimes  even  take  her  away  firom  a 
husband  to  whom  she  had  been  married,  in  the 
lifetime  and  with  the  consent  of  her  &ther. 

There  were  various  laws  for  the  protection  •  of 
female  orphans  against  the  neglect  or  cruelty  of 
their  kinsmen  ;  as  one  of  Solon^s  (Diod.  xil 
p.  298),  whereby  they  could  compel  their  kinsmen 
to  endow  or  marry  theni ;  and  another  which  after 
their  marriage  enabled  any  Athenian  to  bring  an 
action  imucc&o-cvs,  to  protect  them  against  the 
craelty  of  their  husbands  (Petit  Leg.  Alt  n.  543)  ; 
nnd  the  archon  was  specially  entrusted  with  official 
power  to  interfere  in  their  behalf  upon  all  occasions. 
<Dem.&il/a«irt.p.  1076.)  [Kakobw.]  [J.S.M.J 
CURRUS  (&f>/M),  a  chariot,  a  car.  These 
terms  appear  to  have  denoted  those  two-wheeled 
vf^hicles  for  the  carriage  of  persons,  which  were 
open  overhead,  thus  d^ering  from  the  carpenittm^ 
niid  closed  in  front,  in  which  they  differed  from 
the  eisium.  The  most  essential  articles  in  the 
construction  of  the  cumis  were ;  — 

1.  The  aii/yar  (Ayrv^),  or  rim  ;  and  it  is  accord- 
ingly seen  in  all  the  chariots  which  are  represented 
etUier  in  this  artide  or  at  pp.  101,238.  [Antyx.] 

2.  The  ade^  made  of  oak  {phy^i^os  tt{«i',  Horn.  Ik 
T.  830,  imitated  by  Virgil,  jf^fiiw  curie,  Georg.  iiL 
172),  and  sometimes  also  of  ilex,  ash,  or  elm. 
(Plin.  /r.  N,  xvi  84.)  The  axle  was  firmly  fixed 
under  the  body  of  the  chariot,  which,  in  reference 
to  this  circumstance,  was  called  ^cprepfo,  and 
which  was  often  made  of  wicker-work,  inclosed 
by  the  ijrrv^  (Hom.  IL  xxiii  335,  436  ;  Hes. 
Stmt  306). 

3.  The  vjh&eU  (icvicXa,  rpoxol,  rotas)  revolved 
tipon  the  axle  as  in  modem  carriages ;  and  they 
were  prevented  from  coming  off  by  the  insertion  of 
pins  (irtp6tfcu,  fft^oXoi)  into  the  extremities  of  the 
axle  (iucpa^ia).    The  parts  of  the  wheel  were  as 


CURRUS. 

toUows-.  —  Ca)  The  aooe,  called 
IL  V.  726,  xxiil  339 ;  Hes.  SaO. 
modiolus  (Plin.  H,  N,  ix.  3).  Th< 
are  founded  on  the  resemblance  of 
modius  or  bushel  (6)  The  tpok»,  u 
tie  legsX  rudiL  The  number  of  i 
differed  in  different  wheels.  On  < 
read  of  eight  (6«cr^Lcn|fua,  IL  t.  723 
frvs  {UouL  IL  V.  724).  This  was  < 
of  some  flexible  and  elastic  wood,  sv 
iv.  482—486),  or  the  wild  fig,  whu 
for  the  rim  of  the  chariot ;  heat  was 
in  producing  the  requisite  cnrvatur 
38,  compared  withTheocrit  xxv.  24 
felly  was,  however,  composed  of  i 
called  arcs  (aij^IScs,  Hes.  Op.  et  Dies, 
(L  c.)  evidently  intended  to  xeoa 
wheel  should  consist  of  four  pieces. 
Mffmrpow,  coMtkus.  Homer  {IL  ▼. 
the  chariot  of  Hera  as  having  a  tin 
a  golden  felly,  thus  placing  the  ha 
position  to  resist  fiiction,  and  to  pr 

4.  ThepoU  (pvfji6s^  iemo).  It  ^ 
at  its  lower  extremity  to  the  ax 
other  end  (ixpo^p^fuow)  the  pole  ^ 
the  yoke  either  by  a  pin  {KfikoXos 
the  chariot  engraved  below,  or  by  1 
and  bands  [Juqvm}. 

All  tbe  parts  now  enomerated 
ancient  chiiriot  preserved  in  the  V 
si^iitatioa  of  wlucb  is  given  in  the 
cut 


Carriages  with  two  or  even  thr 
used  by  the  Lydians.  (AeschyL  Ft 
Greeks  and  Romans,  on  the  other 
never  to  have  used  more  than  one 
yoke,  and  the  curms  thus  constiu 
monly  drawn  by  two  horses,  which 
to  it  by  their  necks,  and  therefore 
T«woi  (Horn.  IL  v.  195,  x.  473),  « 
HelL  i.  2.  §  1 ),  **gemini  jugales  "^  ( 
280),  *•  equi  bijuges  "  (Geory.  iiL  91 
horse  was  added,  as  was  not  unfirequ 
it  was  fastened  by  traces.  It  may 
tended  to  take  the  place  of  either  of  t 
(  C^ioi  Tirtroi),  which  might  happen 
The  horse  so  attached  was  callc^d  tra 
rot  {W'dgm  ttnd  Fakneerke^  voL  i  pi 


CURRUS.^ 
GAed  Mo  tewingB  of  diarioti  widi  tliree  lidAea, 
(nm  EtnacBD  tsms  in  the  ooUection  at  Vienna. 
Tbe  ims  m^p^oyws  ■  placed  on  the  right  of  the 
tnjvke  hones.  (See  woodcut)  We  also  oboerre 
taea  paaang  between  the  two  tamryVj  and  pro- 
ceedwg  from  the.  front  of  the  chariot  on  each  tide 
of  the  Middle  hone.  Tbete  probably  aaskted  in 
ittachiE^  the  third,  or  extra  horae. 


The  Latin   name  for  a   chariot  and  pair  was 
%ae.    When  a  third  h<nnK  was  added,  it  wa« 


CURRUS.  979. 

eaDed  iriga ;  and  by  the  nme  analogy  a  diarioi- 
and  fonr  was  called  ^umdrig^  ;  in  Greek-  rrrpm^- 
pia  or  riBpi'wwos, 

The  hoTMt  were  commonly  haraeoed  in  a 
qnadriga  after  the  manner  already  reproicnted,  thd> 
two  itrongeat  horMt  being  placed  under  the  yoke, 
and  the  two  other*  fiwtened  on  each  tide  by  meana 
of  ropea.  Thif  is  implied  in  the  nae  of  the  epi- 
thets o'ci/muIk  or  o-fipcH^^pos,  and  fimaUi  or  /ww* 
rhuy  for  a  horse  so  attached.  (laid.  Orig.  zviiL 
^.)  The  two  exterior  hocses  were  further  dis- 
tinguished fiom  one  another  as  the  right  and  the  ItSt 
tTMe-horse.  In  the  splendid  triumph  of  Angustua 
after  the  battle  of  Actium,  the  trace-horses  of  his  car 
were  ridden  by  two  of  his  yoong  rektioos.  Tibe> 
rius  rode,  as  Suetonius  refaites  (TVff.  6.)  sMtjtenors 
fwnU  etpKK,  and  Maieellus  dacUrum /imaU  e(imiK 
As  the  works  of  ancient  art,  especially  fictik  rases^ 
abound  in  representations  of  quadrigae,  numerous 
instances  may  be  obserred,  in  which  the  two 
middle  horses  (Jb  fUcot  8f (i^f  jrcd  6  fjJvs  iftar^ 
p^f,  SchoL  in  ArittopL  Nvk.  122)  are  yoked  to- 
gether  as  in  the  bigae  ;  and,  as  the  two  lateral 
ones  hare  collars  (X^a5ra)  equally  with  the  yoke* 
horses,  we  may  presume  that  from  the  top  of  these 


FMceded  the  ropes  which  were  tied  to  the  rim  of 
t^  CK,  and  by  which  the  trace-horses  assisted  to 
^v  it  The  first  figure  in  the  aimexed  woodcut 
athedariotoff  Anrora,  as  painted  on  ayase  found 
2t  CsDosa.  (Gerhard,  ii&er  IJektgattheiUm^  pi  iii 
%1.)  The  rrins  of  the  two  nuddle  horses  pass 
tboQgh  rings  at  the  extremities  of  the  yoke.  All 
^  psrtiailarB  which  hare  been  mentioned  are  still 
lioR  distinctly  seen  in  the  second  figure,  taken 
^  a  toia-cotta  at  Vienna.  (Oinnot,  toL  ii 
pp.  107, 108.)  It  represents  a  chariot  overthrown 
in  pittixig  the  goal  at  the  circus.  The  charioteer 
^▼iBg  frUea  backwards,  the  pole  and  yoke  are 
tboirn  upwards  into  the  air  ;  tne  two  trace-horses 
ktc  &llen  on  their  knees,  and  the  two  yoke- 
Wmi  are  prancing  on  their  hind  legs. 

If  ve  may  rely  on  the  eridenoe  of  numerous 
vorb  of  art,  the  curms  was  sometimes  drawn  by 
Cnr  bfonKs  without  either  yoke  or  pole  ;  for  we  see 
tvo  of  them  di^mging  to  the  right  hand  and  two 
to  the  left,  as  in  the  cameo  in  the  royal  collection  of 
Beriin,  which  exhibits  Apollo  surrounded  by  the 
1^  of  the  xodiac  If  the  ancients  really  drove 
tbe  qtiadrigae  thus  harnessed,  we  can  only  suppose 
tLe  charioteer  to  have  checked  its  speed  by  palling 
np  tbe  horses,  and  leaninff  with  his  whole  body 
lackwsrda,  so  as  to  make  the  bottom  of  the  cv  at 
ka  hindqmort  border  scrape  the  ground,  an  act 


and  an  attitnde  which  seem  not  unfrequently  to  be 
intended  in  antique  representations. 

The  currus,  like  the  cisinm,  was  adapted  te 
carry  two  persons,  and  on  this  account  was  called 
in  Greek  S^ws.  One  of  the  two  was  of  coarse 
the  driver.  He  was  called  i^iox^'9  hecause  he 
held,  the  reins,  and  his  companion  Topaiiiirris^ 
from  going  by  his  side  or  near  him.  Though  in  all 
respects  superior,  the  vopeuf drifr  was  often  obliged 
to  place  himself  behind  the  ^Woxot.  He  is  so  re- 
presented in  the  bigae  at  p.  101,  and  in  the  Iliad 
(xix.  397)  Achilles  himself  stands  behind  his  cha- 
rioteer, Antomedon.  On  the  other  hand,  a  per- 
sonage of  the  highest  rank  may  drive  his  own  car- 
riage, and  then  an  inferior  may  be  his  iropoif  dnys, 
as  when  Nestor  conveys  Machaon  (trdp*  Si  VLaxiJuv 
/So/yi,  IL  xl  512,  517),  and  Hera,  holding  tbe 
reins  and  whip,  conveys  Athena,  who  is  in  fiill 
armour  (v.  720 — 775).  In  such  cases  a  kindness, 
or  even  a  compliment,  was  conferred  by  the  driver 
upon  him  whom  he  conveyed,  as  when  Diony- 
sius,  tyrant  of  Sicily,  *«  himself  holding  the  reins 
made  Plato  his  vopai^dn^t.^  ( Aelian,  V,  H,  iv. 
18.) 

Chariots  were  frequently  employed  on  the  field 
of  battle  not  only  by  the  Asiatic  nations,  but  also 
by  the  Greeks  in  the  heroic  age.  The  ii»i0T^cr, 
t.  e.  the  nobility,  or  men  of  rank,  who  were  < 


saa  CTJRRUS. 

plele  iiiaU  ©f  amtour,  all  took  their  chanota  with 
thero,  aiid  In  mi  engugeiu^^iit  pLiced  themaclvcs  in 
fronL  In  the  Iloiueric  batilea.  we  find  that  the 
httnjpinaji,  who  for  the  porpose  of  luing  hii  wf^p^iQA, 
uid  in  oamcquf^nce  *f  the  weight  of  hi*  onnntir,  is 
tinder  the  necessity  of  taking  the  plate  of  irapo*- 
€dTJit  (Ke  above  the  woodcut  of  the  trign),  often 
asiails  nr  ctiallengea  a  diatant  fbc  from  the  chonot ; 
hill  thfit,  when  he  encountcfB  his  jwlveraary  in 
close  cunihat^  they  botli  di«nount,  "  sponging  from 
theif  chariots  to  the  ground,"  aiid  karing  them  to 
the  care  of  the  wloxoi,  {IL  iil  2&,  3Ci*i.  426, 427, 
ivii,  480--Je3  ;  He«.  Scul.  Here,  370— ;i72.) 
A>  loga  u  the  hero  had  fiuiihed  the  trial  of  hie 
■trcngth  with  ht«  opponent,  he  retuJricd  to  his 
chariot,  one  of  the  chief  uses  of  which  wm  to  n;«cae 
him  fmm  danger.  These  chariota,  as  represented 
on  bw-re(lefi  and  fictile  yuaeiy  wens  eicec-dingly 
light,  the  body  often  coiisisting  of  little  bciidfs  a 
rim  faltered  to  the  bott<>m  and  to  the  axle.  Thue 
we  find  Diomed,  in  hi*  noctuniul  visit  t*y  the 
eneuiy's  camp,  delihemling  whether  to  draw 
away  the  splendid  tihnriot  of  Rhesus  by  the  pole, 
or  t<>  carry  ttoff  on  hia  shflulder.  (//,  r,  503 — 505). 
In  later  times  thii  ebariuts  were  chiedy  em- 
ployed in  the  puhlic  games.  Their  form  woj  the 
lome,  except  tnat  they  were  mope  elegantly  deco- 
rated, Chari<ju  were  not  much  lued  by  the  Ro- 
maiiA.  The  most  splendid  kind  wen*  the  quad- 
rigae, m  which  the  Homnn  generals  and  empeton 
lt>de  when  they  triumphed  The  body  of  the 
triumphal  car  was  cylindrical,  as  we  often  see  it 
it'piTsented  on  medal  a.  It  was  enrichchi  with 
gold  (aurw  eutru^  Flor.  1 5  j  ilor.  Eptjd.  [x.  22) 
and  ivory  {Ov.  Ttid.  W.  2.  6*%  Poni.  ill  4.  35). 
The  utmost  skill  of  the  painti^r  and  the  sculptor 
WBJ  employ f;d  to  cnhaiice  its  beauty  aud  spl(^ndonr. 
More  particularly  the  extremities  of  the  hx\^  of 
the  pfile,  and  of  the  yoke,  were  highly  wrtnight  in 
the  fona  of  animals*  heads,  Wn3aths  of  laurel 
were  soraetimca  hiitig  round  it  icurmm  l^tuH^^ 
*T*w»,  Claudlan,  £M  IJiftfL  A'lf^Jii,  2U,  TtrLfkmM, 
Httnttr,  1 3il),  and  were  also  fixed  to  the  heads  of 
the  four  snow- white  hurict.  (Mart,  viL  7.)  The 
car  wan  clovatcd  so  that  he  who  tfiumphe<l  might 
be  the  moAt  conspicuous  pers&n  in  the  procciision, 
Knd  for  the  same  reason  he  wVk^  obliged  to  stand 
erect  ((»  ciurit  tttinii*  fl&urao,  t>vid,  L  e^)*  The 
triumphal  csif  had  in  general  no  pole,  the  horses 
being  led  by  men  who  wcro  stationed  at  their 
head*. 


CharioLi    eErcuted    in    terra     cotta    (qHO^irufoe 
fieiil0s^  PI  in.  //,  N,  xxviii.  4),  in  bmuie,  or  in 


CYATHUSL 

maible,  an  example  of  which  latt  i 
the  preceding  woodcut  from  an  anc 
in  the  Vatican,  were  among  the  bk 
ornaments  of  temples  and  other  pal 
No  pains  were  spared  in  their  deoc 
Pliny  informs  ns  {H.  N.  xxzit.  19 
of  the  most  eminent  artists  were  em] 
them.  In  numerous  instances  the; 
signed  to  perpetuate  the  fiune  of  the 
conquered  in  Uie  chariot-nce.  (Pans, 
the  emblem  of  rictory,  the  quadriga 
times  adopted  by  the  Romans  to  gxao 
phal  arch  by  being  placed  on  its  sa 
even  in  the  private  houses  of  gre 
chariots  were  displayed  as  the  indioui 
or  the  memorials  of  conquest  and 
(Juv.  viiL  3.) 

CURSO'RES,  sUTea,  whose  dntj 
run  before  the  carriage  of  their  masi 
same  purpose  as  our  outriders.  Tb«; 
used  during  the  times  of  the  republic;, 
to  hare  first  come  into  fiishion  in  the  n 
first  century  of  the  Christian  aera. 
employed  for  this  purpose  appear  to 
quently  been  Numidians.  (Soec.  ^ 
Marc,  iil  47,  xiL  24  ;  Petnm.  28.) 
cursores  was  also  applied  to  all  sla 
their  masters  employed  in  carrying  h 
sages,  &C.  (Suet  Ner.  49,  Zl^.  9  ;  X 
43.) 
CURSUS.  [Circus.] 
CURU'LIS  SELLA.  [Sklla  Cu 
CUSTO'DES.  [CoMiTiA,  p.  336, 1 
CUSTO'DES,  CUSTO'DLAJS* 
p.  250,  b.] 
CUSTOS  URBIS.  [Prabpktus 
CY'ATHUS  iKia$os\  is  one  of  th 
words,  containing  the  element  irv,  anc 
something  hollow:  it  is  applied,  for  t 
the  hollow  of  the  hand.  Its  general  n 
dtp  of  any  kind  ;  and  it  constantly  oo 
name  of  a  sort  of  drinking  vessel  lued 
mans,  who  borrowed  it  from  the  Qnt 
De  Ling.  Lot  t.  124,  ed.  MiUler)  ;  b< 
it  designates  the  cup  out  of  which  th< 
drunk,  or  the  small  hidle  by  means  < 
was  transferred  fitmi  the  mijdng-bow 
into  the  drinking-cup,  is  a  disputed  poi 
asserts  that  it  is  never  used  in  the  li 
and  that  the  ladle  was  called  Mx»9i 
vinaria  (Ad  Herat,  Oarm,  iii.  8.  13) 
passages  in  which  the  word  occurs  be 
opinion  of  Becker,  that  the  ladle  was 


y 


CTMBALUX. 

«du.  (See  dw  Ltntmu  oi  Scott  nd  Ltdddl, 
SeOer  and  Jaeoliitz,  and  Facciolftti ;  Becker, 
OnUtfi,  ToL  L  PL  463.)  Two  of  thew  cjrmthi 
^  the  mceding  woodcut,  from 
ToL  hr.  pL  12.    They 


anally  of  team  or  ailTer.  The  egfotkiu  if  i»> 
6ned  to  at  a  neatore  o£  the  quantity  of  wine 
v^ich  a  penoB  diank.  (Hor.  Oarm.  iiL  8.  13, 19. 
12.)  A  ilaTe  was  appointed  to  npply  the  drink- 
■^-capi  of  the  banqoeten  by  mcnnt  of  the  ig^- 
atkMi.  (Hot.  Oarm.  I  29.  8  ;  Suet  Cbet.  49 ; 
hr.  SaL  is.  46.) 

Aiotker  kbm  m  whidi  the  iroid  ooenn  ia,  in 
iB^tfT,  for  a  cop  for  cupping  (Ariatoph.  Xft. 
444,  Fat,  543  ;  AriatoL  BrobLix.  9). 

Tke  efadm  waa  a  definite  meaanre,  with  both 
tbe  Greda  and  the  Ronuma,  containing  one-twelfUi 
(AjJsxmdtna.  It  waa  the  tmeia,  oonaidered  with 
tftereafle  ta  the  aaaliwiaa  aa  the  unit ;  hence  we 
han  aatou  oacd  for  a  Teaael  containing  the  aixth 
of  tk  jBiferm,  or  two  qfo&i,  qmadramM  for  one 
coBinaiBg  three  (iFOlii,  friana  far  four  cyaiki,  qum- 
tmtfat  int  ofoAi^  Slc  (Wunn.  Da  Pomdari- 
\m,  Meamm^  Ac  ;  Huaaey  Om  Amdamt  WeigkU, 

Ac)  [P.  a] 

CTCLAS  (cMcXiv),  a  drcnhv  robe  won  fay 
TQBcn,  to  the  bottom   of  which  a  border  waa 
B&cd,  inlaid  with  gold.  (Propi  iv.  7.  40.)    Alex- 
ander Serena,  m  hia  other  attempta  to  reatnun  the 
Inxny  of  iuB  age,  ordained  that  women  ahoold 
ponm  anly  one  cydaa  each,  and  that  it  ahonld 
aet  be  adoned  with  more  than  aix  nndae  of  gold. 
(LiapL  Akae,  Sta.  41.)      The  cydaa  iqypcara  to 
kTt  bem  laaaliy  made  of  aome  thin  material 
(lam  m  gpofaefe,  Jut.  tL  259).      It  ia  related, 
aaeag  atber  inataacea  of  Caligula^  effeminacy, 
t^  be  HOKtiaiea  went  into  public  in  a  gannent 
of  tka  deniption.    (Suet  CaL  52.) 
CYCLOPEIA,    [Abchitbctura]. 
CYUA  (k^),  m  architecture,  an  ogaa^  a  ware^ 
ibped  BoaldiDff,  conaiating  of  two  cnrrea,  the 
<ae  eaocare  and  the  other  c<mTez.     There  were 
tvoknafthe  qma  raota,  which  waa  ooncaTe  abore, 
ud  cnarex  bebw,  thua,  3»  >nd  the  ^au  raaana, 
*^  vas  cQovez  above  and  ooncaTo  below,  thua, 
^.  Tha  difliinntiTe  <yai<rftinw  or  caato/wnw  {avitdr- 
^aa)  it  alio  laed,  and  ia  indeed  the  more  common 
i^^QK.   The  original  fixm  of  the  <yaiafiiiw,  waa, 
^venr,  a  ample  hollow  (the  oowtto)  thua  ^. 
T^  au  called  the  cymatmm  Dorieam,  and  the 
^^^cfauHmmLeMemm.     ( Aeach. ^.  70,  ed. 
KbW;  B8ddLCb7>.y«*cr.  toL  i  p.  284 ;  VitruT. 
°L3.L5.|7,Schn.iT.  6.  §2—6;  Qruter, /fMcr. 
f  ecrii ;  MfiDer,  ^rvftoo^.  d.  JTmuC,  §  274 ;  Mauch, 
^  »' ASa.  Annnf.  pp.  6,  7 :  for  eiamplea,  aee 
tWiidflei«ip,326.  £?.&] 

CYMATIUM.  [Cyma.] 
CYMBA  (a^yie,,)  is  derived  from  Jc^ot,  a 
"^1  tad  ia  employed  to  aignify  any  amall  kfaid 
«fboataMdoiihkea,riTer^&&  (Cic.  2^  Q^  iii 
I4;ia.  TL  303.)  It  appeara  to  have  been  much 
ut  MM  ai  the  teib-ior  and  ao^Mki. 

CYlfBALUM  {KbitgaXoa\  a  muaical  inatni- 
*^  ia  the  iliane  of  two  half  globea,  which  were 
^  weiaeaeh  hand  by  the  performer,  and  played 
07  being  Mnd  against  each  other.  The  wwd  ia 
^'^paUy  QiedE,  bebg  derived  from  ir^tfof,  a 
^^.^  irbieh  the  Latin  cym&o,  <7ai6t«fR,  &C. 
■«•  to  be  eonoected.  Several  kinda  of  cymbala 
fehnnd on aodent  monumenta,  and  on  the  other 
"■^^pcat  aany  namea  have  been  preaerved  >y 


CTKBALUM.  381 

the  giammariana  and  lezioqgTaphen ;  hot  the  de* 
acriptiona  of  the  latter  are  ao  vague,  that  it  ia  im* 
poaaible  to  identify  one  with  the  other.  A  large 
daaa  of  cymbala  waa  teimed  cfo^fiara,  which,  if 
they  were  really  diatinct  from  the  cp^raAa,  aa 
Spohn  and  Lampe  auppoae,  cannot  now  be  exactly 
deacribed.  [CaoTALCM.]  The  annexed  drawinc 
of  a  Kpavfut  ia  taken  fivm  an  ancient  marble,  and 
inaerted  on  the  authority  of  Spohn  iMiaoaU,  aee.  U 
art  6.  fig.  44). 


The  acp^oXa  mentioned  in  the  Homeric  hymn 
to  Apollo  (161—164),  were  of  thia  kind,  played 
on  by  a  chorua  of  Delmna.  The  aeMUa  or  icpov- 
Wfia  were  alto  on  the  aame  principle,  onW  played 
with  the  foot,  and  inaerted  in  the  ahoe  of  the  per- 
former ;  they  were  uaed  by  flute-playera,  perhaps 
to  beat  time  to  their  muaic  (Pollux,  x.  33.) 
Other  kinda  of  cvmbala  were,  the  TAaray^*  an 
invention  of  Archytaa,  mentioned  by  Ariatotle 
{Pol.  viii.  6),  and  ita  diminutive  -aXaerarf^wa^ 
which,  from  the  deacription  of  Juliua  Pollux 
and  Heaychiua  (a.  v,\  appeara  to  have  been  a 
child'k  rattle:  ^^€a^  the  two  parte  of  which 
Suidaa  tella  tu  (a.  v.)  were  made  of  different  mate- 
teriala  for  the  nke  of  variety  of  aoimd:  icor^Axu, 
mentioned  in  the  fragmenta  of  Aeachylua,  with 
aeveral  othera,  noted  by  Lampe  in  hia  work  Da 
QnUtalisy  but  perhapa  without  sufficient  authority. 
Ine  cymbal  waa  uaually  made  in  the  form  of  two 
half  giobea,  either  running  off  towarda  a  point  ao 
aa  to  be  graaped  by  the  whole  hand,  or  with  a 


handle.  It  waa  commonly  of  bronse,  hot  aome* 
timca  of  boaer  material,  to  which  Ariatophanea 
alludea  (Amoe,  1305).    The  preceding  wogduH 


ffG2 


.  DAEDALA. 


«f  a  cptibilistria  u  taken  froih  an  ancient  marble, 
and  given  on  the  authority  of  Lampe. 

The  cymbal  was  a  very  ancient  infltmment, 
liein^  tiaed  in  the  worship  of  Cybele,  Bacchus, 
Jnno^  and  all  the  earlier  deities  of  the  Ghnecian  and 
Kontan  mythology.  It  probably  came  from  the 
Kast,  &om  whence,  througn  the  Phoenicians,  it  was 
conveyed  to  Spain  (compare  Martial'k  Batticot 
Crfumafa).  Among  the  Jews  it  appears  (from 
2  Chron.  t.  J  2,  13 ;  Nehem.  xil  27)  to  have  been 
an  instrument  in  common  use.  At  Rome  we  first 
b  par  of  it  in  Livy*s  account  of  the  Bacchic  orgies, 
which  were  introduced  from  Etruria.  (xxzix.  9.) 

For  stsfmrn,  which  some  have  referred  to  the 
claM  of  cyvN&a/o,  see  Sistruii.  [B.  J.] 

C  Y  RBEIS  (ic^p««»).     [ AX0NB8.] 

CYZICB'NUSOECUS.    [Domus]. 

CYZICENUS  NUMMUS.    [Stater]. 


DACTYLIOTHE'CA(aaicTuXio^io»),acase  or 
box  where  rings  were  kept  (Mart  xL  59.)  The 
nJimo  was  also  applied  to  a  cabinet  or  collection  of 
jewcle.  We  learn  from  Plmy  (H,  N,  xzxvii.  5), 
that  Scaurus,  the  step-son  of  Sulla,  was  the  first 
pc-raoti  at  Rome  who  had  a  collection  of  this  kind, 
ntid  that  his  was  the  only  one  till  Pompey  brought 
to  Rome  the  collection  oi  Mithridates,  which  he 
pincrd  in  the  capitol. 

UA'CTYLUS  (JcirrwXof),  a  Greek  measure, 
answering  to  the  Romiw  digitus^  each  signifying  a 
fjiffe.r-breadih^  and  being  the  sixteenth  part  of  a 
foot.    fPia]     (See  the  Tables.)  [P.S.] 

DADU'CHUS.     [Eliusinia.] 

BAF/DALA  or  DAEDALEIA  (WaoXo,  8oi- 
BdAcks),  were  names  used  by  the  Greeks  to  sig- 
nify those  early  works  of  art  which  were  ascribdl 
tfi  the  age  of  Daedalus,  and  especially  the  ancient 
w [Mid en  statues,  ornamented  with  gilding  and 
bri^^t  colours  and  real  drapery,  which  were  the 
cnrlii^st  known  forms  of  the  images  of  the  gods, 
after  the  mere  blocks  of  wood  or  stone,  which 
w^re  at  first  used  for  symbols  of  them.  (See 
i)tW.  f]f  Greek  and  Roman  Biog^  art  Daedalus, 
tdU.  p.928.)  [P.S.] 

D AF/DALA  (aoTJoXo),  a  festival,  celebrated  in 
BoL<<itiA  in  honour  of  Hera,  sumamed  HviA^tvofiivfi 
or  TfXfIa  (Paus.  ix.  2.  §  5).  Its  origin  and  mode 
i>f  ci^lcbration  are  thus  described  by  Pausanias  (ix. 
ft.  §  I ,  &c) : — Hera  was  once  angry  with  Zeus,  and 
withdrew  herself  to  Euboea.  Zeus  not  being  able 
to  pi'mnade  her  to  return,  went  to  Cithaeron,  who 
then  governed  Plataeae,  and  who  was  said  to  be 
unequalled  in  wisdom.  He  advised  Zeus  to  get  a 
wooden  statue,  to  dress  and  place  it  upon  a  chariot, 
and  to  say  that  it  was  Plataea,  the  daughter  of 
Aqopa^  whom  he  was  going  to  marry.  Zeus  fol- 
io ^v^d  the  advice  of  Cithaeron,  and  no  sooner  had 
Hem  heard  of  her  husband's  projected  marriage 
than  she  returned.  But  when,  on  approaching  the 
chariot  and  dragging  off  the  coverings,  she  saw  the 
ifroaden  statue,  she  was  pleased  with  the  device, 
and  became  reconciled  to  Zeus.  In  remembrance 
cif  ihia  reconciliation  the  Plataeans  solemnised  the 
fi'«tLval  of  the  daedala,  which  owes  its  name  to 
AoISaXo,  the  name  by  which,  in  ancient  times, 
«tatuefl  were  designated.  (See  preceding  article.) 
Pau^aniaa  was  told  that  the  festival  was  held 
cveiy  seventh  year,  but  he  belicTes  th^  it  took 


DAMARETION. 

place  al  shorter  intervals,  thoagh  li 
to  discover  the  exact  time. 

This  festival  was  celebrated  by 
aloncL  and  was  called  the  Cesser  />att 
fuicpa),  and  was  celebcated  in  the  i 
ner :  —  In  the  neighbourhood  of  A) 
the  greatest  oak-forest  of  Boeotia, 
number  of  oak  trunks.  Into  this  i 
taeans  went,  and  exposed  pieoea  oi  o 
the  ravens,  attentivdy  watching  ap< 
any  of  the  birds,  after  taking  a  pieo 
would  settle ;  and  the  trees  <m  whi 
raveiis  settled,  were  cut  down  and 
daedala,  t.  e.  roughly  hewn  stataea. 

The^reo^  Daedala  (AolSoXa  fie 
celebration  of  which  the  Pktaeans  i 
the  other  Boeotians,  took  place  ererj 
because  at  one  time  when  the  Platai 
sent  from  their  country,  the  festival 
celebrated  for  a  period  of  sixty  yean 
the  lesser  Daedala  fourteen  statues  ^ 
the  manner  described  above,  and  diat 
among  the  towns  of  Plataeae,  Coron 
Tanagra,  Chaeroneia,  Orchomenoa,  I 
Thebes;  the  smaller  towns  took  < 
conmion.  The  Boeodana  assembled 
of  the  Asopus ;  here  a  statue  of  Hen 
and  raised  on  a  chariot,  and  a  young 
procession.  The  Boeotians  then  d 
m  what  order  they  were  to  form  t 
and  drove  their  chariots  away  frtmi  t 
up  mount  Cithaeron,  on  the  summit 
altar  was  erected  of  square  pieces  oi 
together  like  stones.  This  altar  was 
a  quantity  of  dry  wood,  and  the  tow 
rank,  and  other  wealthy  individuals, 
a  heifer  to  Hera,  and  a  bull  to  Zeui 
of  wine  and  incense,  and  at  the  sam 
the  daedala  upon  the  altar.  For  tl 
not  possess  sufficient  means,  it  was 
offer  small  sheep,  but  all  their  offerin| 
in  the  same  manner  as  those  of  the  i 
sons.  The  fire  consumed  both  offerii 
and  the  inunense  flame  thus  kindled 
and  wide. 

The  account  of  the  origin  of  the  < 
by  Pausanias  agrees  in  the  main  poi 
story  related  by  Plutarch  (eqmd  Eu» 
parat  Eitang.  iii.  p.  83,  and  Proffm. 
ed.  Wyttenb.),  who  wrote  a  waric  on 
daedahi ;  the  only  difference  is  that 
presents  Zeus  as  receiving  his  advii 
Hera  from  Alalcomenes ;  and  that 
wooden  statue  by  which  the  goddess ' 
ceived  Daedala,  instead  of  Phitaea. 
adds  some  remarks  respectmg  the  mc 
festival,  and  thinks  that  the  dispute  I 
and  Hera  had  reference  to  the  physic 
to  which  Boeotia,  at  a  very  remote 
been  subject,  and  their  reconciliatioa 
ation  of  order  in  the  elements.  (2 
SlymboL  und  MyihoL  ii.  p.  580,  and 
c&oia.  p.  216,  &c.  2d  edit) 

DAMARETION  (AivMi^cior 
Sicilian  coin,  respecting  which  there 
pute.  Diodorus  tells  us  (xi  26)  that 
great  victory  over  the  Outhaginians  a 
wife  Damarete  prevailed  upon  him  t 
moderate  terms  of  peace ;  and  that 
ginians,  as  a  token  of  their  gratitn< 
pamarete  with  a  golden  crown  of 


V 


DAMNUM  INFECTUM. 

«teli*  wdgbt ;  vpon  XMciring  which,  the  ftniek 
tkciaa,  wluch  ww  taSM^ afier  hOy  Sofuy^Mr, 
tad  whidt  cQBtuned  tot  Attk  dnehmae,  and  was 
c^ed  hj  the  Skflknn  vfrnfirorrdUcrfwr,  from 
is  vright.  (Conpu  SchoL  «<  Fmd.  OL  u.  1.) 
Tbe  11017  is  told  aoMiei^  diffisrentlr  by  other 
vritcn,  naaelj,  that  Damnete  and  me  ladiei  ef 
tk  eonrt  gave  np  their  oniuneirts  to  be  coined  into 
Baaer,  in  older  to  wiq^J  QtloaH  necetaitiee  daring 
tfc«  mc  (Polfauc,  ix.  85  ;  Heaych.  j;  v.  Ai|fuip£ 
TMr.)  La  aa  rpigiam  atoibed  to  Simonidee,  who 
«ai  pnhaUj  liring  at  the  eonrt  of  Gelon  at  this 

r.  214 ;  Na  19e,  Schneidewin),  it  is  said  that 

Grin  sad  his  brothers  dedicaled  to  the  Pythian 

ApoUo,  after  their  Tietofy  OTer  the  barbarians,  a 

tr^  Atfrriao  xpv**"^  where  there  can  be  no 

doebt  that  Bcolley  is  ngbt  in  reading  Aafrnprrimtf 

set  it  is  not  eqaaUy  eertain  whether  the  hist  two 

lass  of  the  epignun  are  not  altogether  aporiooa. 

(CfiBipk  Schneidevin,  ml  loc^tmd  Bdckh,  MHnL 

U^ermeL  p.  904,)    At  all  erenta,  the  pasaage  ia 

m  iadieatiea  of  the  vaiform  tradition  respecting 

this  ** Damafetian  gold;"  the  esuct  hiatoty  ^ 

vhi^  is  of  Teiy  little  conseqnenoe  compared  with 

the  idcotificatian  of  the  coinage  to  which  the  state- 

aesto  Tda.    Fnat  all  the  discussion  of  this  point 

hjEcUid,  Holler,  Hosaey,  BSckh,  and  otheia, 

the  Bmt  probaUe  condnaion  aeema  to  be  that  the 

caia  «as  of  fM  and  not  of  sdncr  (although  coina 

«E  etfud  tafaie  were  at  aome  time  er  other  atmcfc 

IB  dTer  alaoX  "^^  '^  ^^  atatementa  which  gire 

ia  wdght  as  fifty  Sicilian  lltraa,  or  ten  Attic 

diadnaae,  are  to  be  vaderstood,  not  literally  of  its 

wei^  bat  of  its  vidmey  as  estimated  by  those 

n^^jftar  .*  in  abort,  it  was  a  gold  coin,  eqnal 

ia  Tilee  to  fifty  Ktrae  or  ten  Attic  dracbxiiae  of 

Bher;thatii,ahalfat8ter.     (Eckhel,  Z>dc<.  Mna. 

rc<.  vol  L  p.  250  ;  Haaaey,  OmAmeimt  Weigkig, 

f  57.  &&;  Bockh,  Metrclogiadm  Uidermdua^fem^ 

fSK&c)  [P.S.] 

DAMIURGL    (l>nuuROLl 

DAMNUM.    Damnum  signUies  geneially  any 

ka  or  tesge  which  a  person  has  sustained  in  his 

pnpeitj  (daoDwm    dabun,  fiictam),  or  damage 

vhkh  he  has  reason  to  fear  (damnum  infeetam). 

<%  39.  tiL  2L  a.  SL)    Damnnm  actually  done  ia 

iconillj  called  damnum  simply.    The  liabili^  to 

aske  iaai  a  loss  is  praestare  damnum. 

ThecaiKs  of  dam^e  are  either  chance,  aoci* 
to(ettiB),  or  the  fi^  acts  or  ominions  of  rea> 
ttablehiinisn  beings.  (Dig.  9.  tit  2.  s.  6.  §  2.) 
1!  iut  dunnm  is  caused  by  the  just  exercise  of  a 
H^  it  a  indirecL  In  any  other  caae  it  ia  direct 
<r  Bjoria  datam  ;  and  when  it  is  injuria  datum, 
^.ny  he  neither  dolus  nor  culpa,  or  there  may 
be  cither  Qoe  or  the  other. 

The  oUigstion  to  make  compensation  for  damage 
uanehher  from  dolus  malus,  culpa,  and  mora, 
vliick  hi  fact  is  iadoded  in  culpa,  ai^  out  of  con- 
taeti  A  Ban  is  not  bound  to  make  oompensap 
^  far  bdireet  kias  or  damage  (Dig.  39.  tit  2. 
f2$;47.tit9.  s.3.§7);  nor  for  direct  damage, 
ifaehherdelos  nor  culpa  can  be  imputed  to  him, 
atifhebensd.  (Dig.  9.  tit  2.  s. 5.  § 2,  30.  §  3  ; 
ni^t»JH»S  &C.,  9th  ed.  §  163.)  As  to 
^>ap  daieby  aa  amnmli  see  Pauvsribs.  [O.L.] 
DAMNUM  INFECTUM,  is  damage  (dam- 
■IB)  not  doDc,  but  apprehended.  (Dig.  39.  tit  2. 
■-^)  The  nraetorls  edict  provided  for  such  cases. 
ifthebiiUac  ^  w  man  threatened  damage  to 


DAM1«UH  INJURIA  DATUM.    88S 

another  m  consequence  of  its  dilapidated  state,  the 
owner  of  the  dilapidated  proper^  might  be  required 
to  repair  it  or  to  give  security  against  any  damaga 
that  might  be'caused  by  the  state  of  his  building. 
The  security  (caatio)  was  dcamnded  hj  aa  actio  ra 
fiMtmn,  in  all  cases  where  the  secanty  could  ba 
required.  Etery  person  who  was  in  possession  of  the 
property  that  was  threatened,  whether  as  owner  or 
m  any  other  right  (bat  not  a  bonae  fidei  posaessorX 
could  daim  thu  cantio.  (Dig.  39.  tit  2.  s.  5.  |  2  { 
13.  S  5, 18 ;  13.  S  4,  9.)  The  owner  of  the  ruinous 
property  or  any  penon  who  had  a  right  therein,  and 
a  bonae  fidei  possessor,  mig^t  be  required  to  give  this 
cautio,  which  might  be  giTcn  by  a  simple  promise 
or  by  giving  soreties.  The  complainant  had  to 
that  he  "- 


did  not  require  the  cautio  oafananiae 
(Dig.  89.  tit  2.  s.  7  ;  idqvk  .  non  .  k.  k. 
sa .  rAcaaa  .  iyravbrit.  Tab.  VeL  c  xz.) 

If  the  defendant  wrongfully  refased  to  give  the 
security,  the  oompbunant  was  empowered  to  enter 
upon  the  property  which  threatened  the  damage^ 
and  apparently  for  the  purpose  of  protecting  him* 
aelf  against  it ;  if  this  produced  no  result,  the  de* 
fendant  was  ejected,  and  the  complainant  was 
allowed  to  take  possession  of  the  property,  and  the 
defendant  hist  all  his  rights  to  it 

If  a  ruinous  house  (aede|  ndnosae)  fell  and 
damaged  a  neighbour  before  any  caatio  had  been 
given,  all  the  ngbt  that  the  damaged  perM»  had 
waa  to  retain  the  materiak  that  had  fiUlen  on  his 
land  (Dig;  89.  tit  2.  88. 6,  7.  H  2, 8)  ;  but  it  aeema 
that  the  owner  of  the  ruinoua  house  could,  if  ha 
liked,  pack  up  the  materials  and  carry  them  oft 
( Cic.  Top.  4,  /•  Vtrr.  L  56  ;  Inst  4.  tit  5  ;  Thi- 
baut,  Syttem^  &c.  §  274,  &c.  9th  ed.)       [O.  L.]   • 

DAMNUM  INJURIA  DATUM.  The  most 
usual  form  of  proceeding  in  cases  of  Damnum  in* 
jttria  datum  waa  by  the  Lex  Aquilia  (Dig.  9.  tit  2), 
which  repealed  all  previoua  legislation  on  the  sub- 
ject This  Lex  Aquilia  was  a  plebiscttnm,  which 
was  proposed  by  Aquilius,  atribunus  plebis.  If  the 
owner  of  the  damaged  thing  sued,  there  might  ba 
two  cases.  The  damage  might  ba  done  byoop- 
poreal  contact  of  the  wrongdoer  (corpore),  or  bf 
something  which  he  directed,  and  done  to  another 
thing  (corpus),  so  as  to  impair  its  value  or  destroy 
it ;  and  in  this  case  there  was  the  directa  actio 
L^  Aqniliae.  The  first  chapter  provided  that 
if  a  man  killed  (injuria,  that  is,  dole  aut  culpa, 
Oaitts,.iii  21 1)  a  slave  or  quadruped  (quae  peeudum 
numero  sit)  which  belonged  to  another,  he  was 
bound  to  pay  the  highest  value  that  the  sUve  or 
animal  had  within  the  year  preceding  the  unlaw- 
ful act  If  the  wrongdoer  wilfully  denied  the  feet 
of  the  damage,  he  was  liable  to  make  compensation 
to  double  the  value.  The  third  chapter  provided 
for  the  case  of  a  slave  or  quadruped  (quae  peeudum, 
&C.)  being  damaged,  or  any  thing  else  being 
damaged  or  destroyed.  In  this  case  he  had  to 
pay  the  highest  value  that  the  thing  had  within 
the  thirty  days  preceding  the  unUwfnl  act.  If 
the  damage  was  done  to  a  thing  (corpus),  but  not 
by  a  corpus,  there  was  aa  actio  utilis  Legis  Aqni- 
liae^ wluch  is  also  an  actio  in  factum  or  on  the 
case.  Such  a  case  would  occur  when,  for  instancei 
a  man  should  purposely  drive  his  neighbour's  beast 
into  a  river  and  it  should  perish  there.  (Dig.  9. 
tit  2.  8.  7.  §  3,  9.) 

If  the  thing  was  not  damaged,  but  the  owner 
was  damaged,  there  might  be  an  actio  in  fitctum  ; 
as,  for  instance,  if  a  man  out  of  compassion  boaed 


S84 


DAPHNEPHORIA. 


another  mui*i  ilaTe  who  wu  boond  and  to  gave 
him  the  opportunity  of  esei^ting.  A  man  who 
was  not  'owner,  might  have  an  actio  ntilis  Icffia 
Aqniliae  or  in  fiKtunv»  if  he  had  an  inteteit  in  ue 
thing,  aa  a  fractuarioa,  nanariu,  a  bonae  fidei  poo* 
aeuor,  or  a  penon  who  had  reoeiTed  a  thing  aa  a 
pledge. 

If  a  man's  ilaTe  was  ktUed,  the  owner  might 
fue  for  damages  under  the  Lex  Aquilia,  and 
prosocate  for  a  capital  ofienoe. 

(Cic;  Fro  Rotdo  Omoedo^  c.  11  ;  Gains,  iil 
210,  &C. ;  Inst  4.  tit  3  ;  Thibant,  ^fttem^  Suc^ 
9th  ed.  S  ^If  &C. ;  Rein,  Iku  BSmiteke  PrivaA- 
fteki.)  [O.  L.] 

DAMOSIA  {U4»it9im\  the  c«»it  or  suite  of 
the  Spartan  kmgs  in  tune  of  war.  It  consisted  of 
his  tent-comrades  (o^nirotX  to  whom  the  pole- 
marchs,  Pythiaos,  and  three  of  the  equals  (8m«(«) 
also  bdonged  (Xen.  Ap.  Lae,  ziii.  1);  of  the 
prophets,  snigeons,  flute-players,  Tolunteers  in  the 
army  (Xen.  Rsp.  Lac  ziiL  7),  Olympian  conquerors 
(Pint  Xfa  22),  public  servants,  Ac.  The  two 
•phors,  who  attended  the  king  on  military  expedi- 
tions, also  formed  part  of  the  damosia.  (MUller, 
ikuiama,  iiL  12.  §  5.) 

DAN  ACE  (8<v^),  the  name  of  a  foreign  coin, 
teoording  to  Hesych|us  («.«.)  worth  a  little  more 
than  an  obolos.  According  to  some  writers,  it  was 
a  Persian  coin.  (Pollux,  ix.  82,  and  Hemster.  ad 
loe.)  This  name  was  dso  giren  to  the  oboloa, 
which  was  placed  in  the  monui  of  the  dead  to  pay 
the  fenyman  in  Hades  (HesycL  i.  o. ;  Lucian,  Ar 
Zaicte,  c.  10,  Mori.  Dial  L  8,  xL  4,  xxiL  1.)  At 
the  opening  of  a  grave  at  Same  in  Cephallenia,  a 
coin  was  found  between  the  teeth  of  the  corpse. 
(Stackelberg,  Dis  Cfr'dber  der  HdLattmy  p.  42; 
Becker,  CSbxnUet,  toI.  \l  p.  170.) 

DANEI3MA  (Sdrfur^).     [Fbnus.] 

DAPHNEPHO'RIA  {twpm^a\  a  festiTal 
celebrated  OTcry  ninth  year  at  Thebes  in  honour 
of  Apollo,  snmamed  Ismenius  or  Oalaxius.  Its 
name  was  derived  from  the  laurd  branches  (JUupumi) 
which  were  carried  by  those  who  took  part  in  its 
celebration.  A  full  account  of  the  festival  is  given 
by  Proclus  {Otrettomaik,  p.  1 1).  At  one  time  all 
the  Aeolians  of  Ame  and  the  adjacent  districts,  at 
the  command  of  an  oracle,  laid  siege  to  Thebes, 
which  was  at  the  same  time  attacked  by  the  Pe- 
lasgians,  and  ravaged  the  neighbouring  country. 
But  when  the  day  came  on  which  both  parties  had 
to  celebrate  a  festival  of  Apollo,  a  trace  was  con- 
cluded, and  on  the  day  of  the  festival  they  went 
with  laurel-boughs  to  the  temple  of  the  god.  But 
Polematas,  the  general  of  the  Boeotians,  had  a 
vision  in  which  he  saw  a  young  man  who  pre- 
sented to  him  a  complete  suit  of  armour,  and  who 
made  him  vow  to  institute  a  festival,  to  be  cele- 
bnted  every  ninth  year,  in  honour  of  Apollo,  at 
which  the  Thebans,  with  laurel-bouffhs  in  their 
hands,  were  to  go  to  his  temnle.  When,  on  the 
third  day  after  wis  vision,  both  parties  again  were 
engaged  in  dose  combat,  Polematas  gained  the 
victory.  He  now  fulfilled  his  promise,  and  walked 
himself  to  the  temple  of  Apollo  in  the  manner  pre- 
scribed by  ih.1  being  he  nad  seen  in  his  vision. 
And  ever  since  that  time,  continues  Produs,  this 
custom  has  been  strictly  observed.  Respecting  the 
mode  of  celebration,  he  adds :  —  At  tne  daphne- 
phoria  they  adorn  a  piece  of  olive  wood  with  gar- 
lands of  laurel  and  various  flowers  ;  on  the  top  of 
it  a  biaien  globe  is  placed,  from  which  smaller 


DARICUS. 

ones  an  suspended ;  pnrpie  gariand%  mnaDer  ikm 
those  at  the  top,  are  atts!ehed  to  the  middle  paA 
of  the  wood,  and  the  lowest  part  is  coiviesed  with  s 
crocu»«oloured  envelope.     By  the  g^obe  on  ths 
top  they  indicate  the  sun,  which  is  identical  with 
Apollo  ;  die  globe  immediately  bdow  the  fint, 
represents  the  moon  ;  and  the  smaller  sospendiny 
globes  are  symbob  of  the  stan.     The  number  <tf 
gariands  boqg  865,  indicates  the  coose  of  the 
year.    At  the  head  of  the  pcocfission  walked  s 
youth,  whose  fother  and  mother  nraat  be  lirins. 
This  youth  was,  aooofding  to  Pansanias  (ix.  id. 
§  4),  chosen  priest  of  ApoUo  every  year,  and  called 
So^nr^Jlpot :  he  was  always  of  a  handsome  fijrwe 
and  strong,  and  taken  from  the  maat  diatii^guishrd 
families   of  Thebes.      Immediately   before  this 
youthfbl  priest  walked  his  nearest  kinsman,  whs 
bore  the  adorned  piece  of  olive-wood,  which  «ai 
called  nmfwk,    The  priest  followed,  bearing  iu  hit 
hand  a  laurel-branch,  with  dishevelled  and  flostiog 
hair,  wearing  a  solden  crown  on  hia  head,  a 
magnificent  robe  yniich  reached  down  to  his  fcet 
(«^V*V')9  «a^  «  kind  of  shoes  called  Ifu^Mo, 
from  the  general,  Iphicrates,  who  had  firrt  istn>- 
duoed  them.    Behind  the  priest  there  followed  s 
choir  of  maidens  with  boughs  in  their  hands  mi 
sioging  hymns.     In  this  manner  the  prutesil«i 
went  to  the  temple  of  Apollo  Ismenius  or  Oabodsi. 
It  would  seem  nmn  Pansanias  that  all  the  bsjs  of 
the  town  wore  hmrel  garlands  on  this  occasioa, 
and  that  it  was  customary  for  the  sons  of  weslthy 
parents  to  dedicate  to  the  god  braaen  tiipodi^a 
considerable  number  of  which  were  seen  in  ^ 
temple  by  Pansanias  himselt    Among  them  was 
one  which  was  said  to  have  been  dedicated  by 
Amphitryon,  at  the  time  when    Hetacles  vis 
daphnephoras.    This  last  dreumstance  shows  that 
the  dfl^hnephoria,  whatever  changes  may  hsfe 
bera  subsequently  introduced,  was  a  very  andait 
fiestivaL 

There  was  a  great  sbnilarity  between  this  iitr- 
tival  and  a  solenm  rite  observed  by  the  Ddphisns, 
who  sent  every  ninth  year  a  sacred  boy  to  Tenpe. 
This  boy  went  en  the  sacred  road  (Pint  QMot 
Or,  12),  and  returned  home  as  laurel-bearer  (<a^ 
9Ji^6pot)  amidst  the  jojrfnl  songs  of  chonucs  of 
maidens.  This  solemnity  was  observed  in  con- 
memoration  of  the  purification  of  Apollo  at  t^ 
altar  in  Tempo,  whither  he  had  fled  after  kOlinf 
the  Python,  and  was  held  in  the  month  of  Thir- 
gelion  (probably  on  the  seventh  day).  It  is  a  trv 
probable  conjecture  of  MiUler  {Dor.  ii.  8.  §  4)  that 
the  Boeotian  daphnephoria  took  place  in  the  nine 
month  and  on  the  same  day  on  whidi  the  Delphiaa 
boy  broke  the  purifying  laurel-boughs  in  Tenpe. 

The  Athenians  seem  likewise  to  have  cdehnted 
a  festival  of  the  same  nature,  but  the  only  meotioa 
we  have  of  it  is  in  Produs  (flp.  Pkotmm^  pi  987), 
who  says  that  the  Athenians  honoured  the  seTentb 
day  as  sacred  to  ApoDo,  that  they  carried  hmrel- 
boughs  and  adorned  the  basket  (cdyeor,  see  Cam- 
phoror)  with  gariands,  and  sang  hymns  to  the 
god.  Respecting  the  astronomicid  chacacttf  nf 
the  daphnephona  see  MttUcr,  OrAam.  p.  215, 
2d  edit ;  and  Creuaer,  SgmhoL  nml  MyAoL  ii. 
p.  160.  [L.S.] 

DARPCUS  {^9ptut6s\  or,  to  give  the  nsne  ia 
full,  OTor^  Sc^Muc^r,  ike  tUOtr  ff  Daram  (Thoe. 
viii.  28),  was  a  gold  coin  of  Persia,  stamped  onfloe 
side  with  the  figure  of  an  archer  crowned  sod 
kneeling  upon  one  knes^  and  on  the  ^lier  with  s 


BARICUS. 

ffft  if  qudzBtamenn  or  deep  cleft.  We  know 
irm  Uerodotoi  (ir.  166)  that  Dereiiu,  the  son  of 
Hnta^ea,  Rfixmed  the  Peniaa  euxiency,  and 
rtisprd  gtid  of  the  pozeit  itandard ;  and  it  k 
^aenllj  bdiered  that  the  daricna  waa  to  called 
^  hm.  Harpooation,  bowever,  aaya  (j;  o.) 
;bt  the  oaoie  vat  older  than  this  Darciufl,  and 
'Aa  from  an  esriier  king.  Oeaeniua  (Jlebr, 
I^jicm)  snpposes  the  name  to  be  derived  firam  an 
i:<tfst  Peniaa  void  ngnifying  king,  or  lojal 
f«ke,  or  the  bow  of  the  king»  in  allusion  to  the 
^'JK  ifiunped  apon  it  The  best  anthoia,  how- 
rrtf,  tbiok  that  there  is  no  suiBdent  gnNind  for 
,^  ppxsBf  either  the  name  or  the  coin  to  be  older 
\r'3u  Dareioi,  the  son  of  HjstaqMS.  (Bdckh, 
MiinL  UttenmeL  y.  129;  Grote,  Hidory  of 
Lmx^  ToL  iw.  p  320.) 

Ths  coin  had  a  rery  eztensiTe  dxcnlatkm,  not 
cialT  ia  the  Fenian  empire,  but  also  in  Greece. 
n»  paj  p\m  bj  Cjrms  to  the  soldiers  of  Clear- 
n^  vu  t  dancos  a  month  (Xol  AnaL  L  3. 
I  il) ;  md  the  ame  pay  ^ras  offered  to  the  same 
fnitfi  !)▼  Thimhdon,  a  Lacedaemonian  seneral 
•M TIL 6.}  IX  la  the  later  books  of  ihe  Old 
T^riaocD^  the  daiiens  is  supposed  to  be  mentioned 
nir  the  nunei  of  adaikon  (pSTflS)  >nd  darke- 
r  c  nOffl).  (See  1  Chron.  xxix.  7 ;  Ezra,  Tiii 
"r.  il  ©VNehem.  m  70,  72.) 

All  aacient  anthorities  agree  in  stating  that  the 
'srxxs  vas  the  precise  eqoiTalent  of  the  Lydian 
iJ.  \vtlc  UaUr;  that  is,  it  was  equal  in  weight  to 
t<n  Attic  dnchmae.  (Harpocr. ;  Lex.  Seg.  ; 
>M.',  SchoL  ad  Arkiopk.  EccL  598.)  This, 
aft^srdicg  to  the  ordinary  ratio  of  gold  to  silver, 
l->:  K  vodd  make  its  value  equal  to  twenty  silver 
'ncbae ;  vbich  agrees  with  the  statement  of 
X  DntigQ  {AitA.  I  7.  §  18  :  comp.  Arrian.  Anab. 
i^  18). 

Fite  darics  made  a  mina  of  silver,  and  300 
^a  a  talenL  Xenophon  also  mentions  half 
^ro(i^u«(i^aM»f,  AwA.  i  3.  §  21.) 

The  lahie  of  the  daricos  in  our  money,  computed 
H  ibe  dncbna,  is  16*.  3rf.  ;  but  if  reckoned  by 
C'-]ariina  with  oar  gold  money,  it  is  worth  much 
'-^  The  darici  in  the  British  Museum  weigh 
\V>-K  giaini  and  128-6  grains,  respectively. 
Hu«7  [Anaad  WeigkUr  Ac.  viL  3)  calculates 
v^dancuucontuniig  on  an  average  about  123*7 
nw  of  pan  goM  an^  therefore  equal  in  value 

*•"  lij]:,  ^  >  lofeieign,  or  nboiil  U  la.  lOrf;  1*76 

W  few  daria  have  come  down  to  us  ;  their 
^JJtitT  may  be  accounted  for  by  the  fiwrt,  that 
«w  die  naqoest  of  Persia,  they  were  melted 

!?  ^  »«ined  under  the  type  of  Alexander. 
.  .  "*  '^  "lio  rilTcr  darica,  bearing  the  same 
'«^  11  the  gold,  namely,  the  figure  of  an 
"^^  (Plut  dm,  10 ;  Aelian.  V.  H,  I  22.) 
V*^  w^hti  taiy  ftwn  224  to  230  grains: 
|»«  «  the  Utter  weight  nmst  have  been  struck, 

«ai  not  vay  qnuaual  in  old  coinages,  some- 
J^  f^t  the  tne  weight ;  they  seem  to  have 
^^Ws  of  the  Babylonian  or  E^tian 


,  —  to  the  derioe  of  an  archer,  the 
(l^^^'^^-riitnai,  and  it  isrektedof 
Ij^^^that,  vi^  Kcalled  to  Greece,  he  said 
y  jZj  7""  ^  ^  driven  him  out  of  Asia 
"J  "oai*  30,000  bowmen,  referring  to  the  sum 


DECASMU&  885 

which  WM  entrusted  to  Timocratea  the  Rhodion  to 
bribe  the  demagogues  of  Thebes  and  Athens  to 
make  his  presence  necessary  at  home.  (Plut.  Agm, 
15,  Artoje.  20,  Lacom.  Apopkik.  pi  181.)  Ary. 
andes,  who  was  appointed  governor  of  £^ypt  by 
Cambyses,  is  supposed  to  have  been  the  first  who 
struck  these  silver  coins,  in  imitation  of  the  gold 
coinage  of  Dareins  Hystaspis.     (Herod,  iv.  166.) 


GOLD   DARia     BRITISH    MDSBUM.     ACTUAL  8BB. 


SILVER  DARia   BRITISH  MUSBVK.    ACTUAL  SBB. 

DE'BITOR.    [Oblioationbs,] 

DECADU'CHI  («€ica«oCxo«),  the  members  of 
a  council  of  Ten,  who  succeeded  the  Thirty  in  tho 
supreme  power  at  Athens,  b.  C.  403.  (Harpocntt 
f.  o.)  They  were  chosen  from  the  ten  tribes,  one 
from  each  (Xen.  HeiL  ii.  4.  §§  23,  74) ;  but, 
though  opposed  to  the  Thirty,  they  sent  ambas- 
sadors to  Sparta  to  ask  for  assistance  against 
Thrasybulus  and  the  exiles.  They  remained 
masters  of  Athens  till  the  party  of  Thrasybultu 
obtained  possession  of  the  city  and  the  democracy 
was  restored.  (Lys.  e.  ErtOostk.  p.  420  ;  Wachs- 
muth,  f/eilen,  AUerthumsk.  voL  I  pw  646,  2d  ed.) 

DECA'RCHIA  or  DECADA'RCHIA  («*«ap. 
X^o,  iwaiapxioL)^  was  a  supreme  council  esta* 
blished  in  many  of  the  Grecian  cities  by  the 
Lacedaemonians,  who  intrusted  to  it  the  whole 
government  of  Uie  state  under  the  dJMction  of  a 
Spartan  harmost  It  always  consisted  of  the 
Ittdmg  members  of  the  aristocratical  party.  (Har- 
pociat,  S.V.  ;  Schneider,  ad  AridaL  PoL  iL  146, 
147.)  This  form  of  government  appears  to  have 
been  first  established  by  Lysander  at  Ephcsus. 
(Plut  L^.  5  ;  Wachsmuth^  Hdten,  Akertkunuk. 
r<A.l  p.  517,  2d  ed.) 

DECASMUS  (BtK€urfi6s\  briberr.  There 
were  two  actions  for  bribery  at  Athena:  one, 
cdled  ScMao-fiov  7pa^,  lay  against  the  penon 
who  gave  the  bribe  :  and  the  other,  called  oi6p»r 
or  3o»^o3o«c(a5  7pa^,  against  the  person  who  re* 
ceived  it  (PoUux,  viii.  42.)  These  actions  ap- 
plied to  the  bribery  of  citizens  in  the  public  as- 
semblies of  the  people  {ffwi9Kd(uy  r^  iiucK7i<rUuf^ 
Aesch.  &  TYmoroft.  p.  12),  of  the  Heliaea  or  any  of 
the  courts  of  justice,  of  the  /SovA^  and  of  the  public 
advocates  (<n;nr/dpoi,  Dem.  e,  StepIL  ii.  p.  1137. 
1).  Demosthenes  (De  Falta  Leg,  p.  343),  in- 
deed, says  that  orators  were  forbidden  by  the  law, 
not  merely  to  abstain  firom  receiving  gifts  for  the 
injury  of  the  state,  but  even  to  receive  any  present 
at  all 

c  o 


886 


DECEMVIRI. 


According  to  Aristotle  (apud  Harpocrat.  $.9. 
ZfKi.^»p\  Anytus  was  the  lint  person  at  Athens 
who  bribed  the  judges  ;  and  we  learn  from 
Plutarch  {Coriol,  c  14)  that  he  did  so,  when  he 
was  chained  of  having  been  guilty  of  treachery  at 
Pylos,  at  the  end  of  the  Peloponnesian  war.  Other 
writers  say  that  Melitos  was  the  first  person  who 
bribed  the  judges.  (Petit  Leff.  AU.  p.  427,  and 
Duker's  note.) 

Actions  for  bribery  were  tinder  the  jurisdiction 
of  the  thesmothetae.  (Dem.  c.Stepk.  I.e.)  The 
punishment  on  conviction  of  the  defendant  was 
death,  or  payment  of  ten  times  the  value  of  the 
gift  received,  to  which  the  court  might  add  an  ad- 
ditional punishment  (irpoort/iiz/ta).  Thus  Demos- 
thenes was  sentenced  to  a  fine  of  50  talents  by  an 
action  for  bribery,  and  also  thrown  into  prison. 
(Bdckh,  Publ.  Econ.  of  Athens,  p.  384,  2d  ed.  ; 
Meier,  Att.  Process,  p.  352.) 

DECASTY'LOS.     [Templum.] 

DECATE  (SfKdrii).    [Decumab.] 

DECE'MPEDA,  a  pole  ten  feet  long,  used  by 
the  agrimensores  in  measuring  land.  (€ic  Pro  MU. 
27  ;  Hor.  Carm.  ii.  15.  14  ;  Cic.  Philipp.  xiv.  4.) 
Thus  we  find  that  the  agrimensores  were  sometimes 
called  decempedcUores  (Cic  Philipp.  xiii.  18).  The 
decempeda  was  in  fiict  the  standard  land-measure. 
[Actus;  Agrimbnsorbs.] 
.    DECEM  PRIMI.     [SiNATUS.] 

DECE'MVIRI,  the  Ten  Men,  the  name  of 
Tarious  magistrates  and  functionaries  at  Rome. 

1.  Dbcbmviri  Lboibus  Scribbndis,  were  ten 
persons,  who  were  appointed  to  draw  up  a  code  oU 
laws,  and  to  whom  the  whole  government  of  the 
state  was  entrusted.  As  early  as  b.  c.  462,  a 
law  was  proposed  by  C.  Terentilius  Arsa,  that 
commissioners  should  be  appointed  for  drawing  up 
a  body  of  laws  ;  but  tfiis  was  violently  opposed  by 
the  patricians  (Liv.  iii.  9)  ;  and  it  was  not  till 
after  a  struggle  of  nine  years  that  the  patricians 
consented  to  send  three  persons  to  Greece,  to  col- 
lect such  information  respecting  the  laws  and  con- 
stitutions of  the  Greek  states  as  might  be  useful 
to  the  Romans.  (Liv.  iii.  31.)  They  were  absent  a 
year ;  and  on  their  return,  after  considerable  dis- 
pute between  the  patricians  and  plebeians,  ten 
commissioners  of  the  patrician  order  were  ap- 
pointed with  the  title  of  *•  decemviri  legibus  scri- 
bcndis,*'  to  whom  the  revision  of  the  laws  was 
committed.  All  the  other  magistrates  were  ob- 
liged to  abdicate,  and  no  exception  was  made  even 
in  favour  of  the  tribunes  ;  for  there  is  no  reason  to 
suppose,  as  Niebuhr  has  done,  that  the  tribune- 
ship  was  not  given  up  till  the  second  decemvirate 
(Cic.  de  Rep.  ii.  36  ;  Liv.  iii.  32  ;  Dionys.  x.  56). 
They  were  thus  entrusted  with  supreme  power  in 
the  state. 

The  decemviri  entered  upon  their  office  at  the 
beginning  of  b,  c.  451.  Thev  consisted  of  App. 
Claudius  and  T.  Gcnucius  Augurinus,  the  new 
consuls,  of  the  praefectus  urbi,  and  of  the  two 
quaestores  parricidii  as  Niebuhr  conjectures,  and 
of  five  others  chosen  by  the  centuries.  They  dis- 
charged the  duties  of  their  office  with  diligence, 
and  dispensed  justice  with  impartiality.  Each  ad- 
ministered the  government  day  by  day  in  succes- 
sion as  during  an  interregnum  ;  and  the  fasces  were 
only  carried  before  the  one  who  presided  for  the 
day.  (Liv.  iii.  33.)  They  drew  up  a  body  of  laws, 
distributed  into  ten  sections ;  which,  after  being 
approved  of  by  the  senate  and  the  comitia,  were 


DECEMVIRI. 

engraven  on  tables  of  metal,  am 
comitium. 

On  the  expiration  of  their  y< 
parties  were  so  well  satisfied  wit! 
which  they  had  discharged  their  di 
resolved  to  continue  the  same  fbn 
for  another  year;  more  especially 
decemvirs  said  that  their  work  i 
Ten  new  decemvirs  were  accord 
whom  Appius  Claudius  alone  belon 
body  (Liv.  iiL  35  ;  Dionys.  x.  I 
nine  new  colleagues,  Niebuhr  thin] 

Elebeians.  These  magistrates  fnu 
iws,  which  were  approved  of  b 
and  engraven  on  two  additional 
acted,  however,  in  a  most  tynumica 
was  attended  by  twelve  licton, 
the  rods  only,  but  the  axe,  the  i 
reignty.  They  made  common  cans< 
clan  party,  and  committed  all  ki 
upon  the  persons  and  property  of  t1 
their  families.  When  their  year 
they  refused  to  resign  or  to  ap{ 
Niebuhr,  however,  considers  it  a 
were  appointed  for  a  longer  perio 
since  otherwise  they  would  not  hai 
to  resign  their  office,  but  inteir^ 
expiration  of  the  year  have  stepped 
This,  however,  does  not  seem  cond 
decemvirs  were  at  the  time  in  p 
whole  power  of  the  state,  and  vi 
vented  any  attempt  of  the  kind, 
unjust  decision  of  App.  Claudius, 
Virginia,  which  led  her  father  to  Ii 
own  hands  to  save  her  from  prostiti 
an  insurrection  of  the  people, 
were  in  consequence  obliged  to  rc! 
B.  c.  449  ;  after  which  the  usual  in 
re-established.  (Niebuhr,  HiM.  o 
pp.  309—356  ;  Arnold,  Hist,  of  I\ 
250—313  ;  Becker,  Romisc/i.  Ah 
partii.  pp.  126— 136.) 

The  ten  tables  of  the  former,  ani 
of  the  latter  decemvirs,  tc^ether  f< 
the  Twelve  Tables,  of  which  an  ; 
in  a  separate  article.     [Lbx  Duoi 

2.  Dbcbmviri  Litibus  or  SxLn 
oiA,  were  magistrates  forming  a  < 
which  took  cognizance  of  civil  case 
ponius  {de  Orig.  Jur.  Dig.  i.  tit  2 
would  appear  that  they  were  not  ii 
year  b.  g  292,  the  time  when  the 
tales  were  first  appointed.  Livy  (i 
mentions  decemvirs  as  a  plebeian  ; 
soon  after  the  legislation  of  the  1 
and  while  Niebuhr  {Hist,  of  Rom 
&c.)  refers  these  decemvirs  to 
magistrates,  who  had  shortly  before 
and  thus  abides  by  the  account 
Gottling  (Gesch.  der  Rom.  Stoats 
believes  that  the  decemvirs  of  Li 
cemviri  litibus  judicnndis,  and  rei 
tution,  together  with  that  of  the 
Servius  Tullius,  [Cintumvirl] 
as  well  as  the  peculiar  jurisdicti( 
during  the  time  of  the  republic  i 
inextricable  obscurity.  In  the  ti 
still  existed,  and  the  proceedings 
in  the  ancient  form  of  the  sacramei 
Caecin,  33,  pro  Dorn.  29.)  Augu 
to  these  decemvirs  the  presidency 


DECmATIO. 

Ik  taimmn,  (Suet  Awff.  56  ;  Dion  Gm. 
I>.  36L)  Ihinqg  the  empiTe,  this  court  had  jnrit- 
^ieitn  m  cupitoJ  luttlefB,  which  ia  ej^inHly 
fiised  m  Rgard  to  the  decemyin. 

S.  Dkimtiiu  SACBds  Faciundis,  mnetiiiiei 
oikd  fo^j  DacxMVZU  Sacrorvm,  were  the 
EcBben  flf  SB  eoclesustical  coQeginm,  and  were 
riveted  isr  IiAl  Their  chief  dnty  waa  to  take  care 
1^  tkt  SibyUine  hooka,  and  to  inapeet  them  on  all 
b^nrtmt  occaiiona,  hj  eoomiand  of  the  lenateu 
(Ur.  TiL  27,  zxi.  62,  zzxL  12L)  Viigfl  (Am, 
TL  73)  aDades  to  them  in  hia  addreae  to  the  Sibyl 


DECUMAti. 


M 


Under  the  kings  th«  care  of  the  Sibylline  books 
vas  oammitted  to  two  men  {dmtmmn)  of  high 
lank  (Dioajk  iv.  62),  one  of  whom,  called  Atilina 
or  TaUiaai  waa  poniahed  by  Tarqninina,  for  being 
QiE^tliiiii  to  hia  trust,  by  being  sewed  op  in  a  sack 
3fid  cut  into  the  aea.  (Dionya.  L  c  ;  VaL  Max.  i. 
I.  i  11)  On  the  ezpnlsiaa  of  the  kings,  the  can 
•f  tkie  bsoks  was  entnisted  to  the  noblest  of  the 
]83kiaa^  who  were  exempted  from  all  military  and 
cnl  dstisi.  Their  number  was  increased  about 
the  jesrSS?  &  c.  to  ten,  of  whom  fire  were  chosen 
irva  the  patricianf  and  fiTe  from  the  plebeians. 
(Lir.  Ti  37,  42.)  Subsequently  their  number  was 
ttiil  father  inoeaaed  to  fifteen  (qmimdeeemmri)  ; 
bat  at  wiiat  time  ia  uncertain.  As,  however,  there 
«iere  dccemTiii  in  &  c.  82,  when  the  capitol  was 
bEDt  (Dionyi.  L  &),  and  we  read  of  quindecemTiri 
is  die  time  of  Cicero  {ad  Fam.  Tiii.  4),  it  appears 
protable  that  their  number  waa  increased  firom  ten 
w  ^iteen  by  SuUa,  especially  as  we  know  that  he 
jacresKd  the  numbers  of  seTeral  of  the  other  eccle- 
tasDal  corpnrafinns.  Julius  Caesar  added  one 
Eicn  ts  their  number  (Dion  Cass.  zliL  51)  ;  but 
tbu  precedent  waa  not  followed,  as  the  collegium 
afpean  to  hare  consisted  afterwards  of  only  fifteen. 
It  irsi  also  the  duty  of  the  decemriri  and 
^^aaqnerin  to  celebrate  the  games  of  Apollo  (Liv. 
X. $),aod  the  secular  games.  (Tac  Atm.  xL  11  ; 
il f.  CaraL.  Saee.  70.)  They  were,  in  &ct,  con- 
fi<ki«d  pcieflts  of  ApoUo,  whence  each  of  them  had 
ia  ba  bnue  a  hronaBe  tripod  dedicated  to  that  deity. 
(Sot.  ad  Virg,  Aau  ixL  332.) 

4.  Dksxviri  Askjs  DinorNDis,  were  some- 
tiiBa  tppoisted  for  distributing  the  public  land 
K«og  th«  dtiaena.   (Lir.  xxxi  4,  xliL  4.) 

D£CENNA'LIA  or  DEC^NNIA,  a  festival 
oflearated  with  games  ereiy  ten  yean  by  the 
^i^eaa  enpcvociL  This  festiTal  owed  its  origin 
)>•  tlie  fact  that  Augustus  idBsed  the  siiq[treme 
po'er  wken  offered  to  him  for  his  life,  and  would 
<^ii.v  eoQgeiit  to  accept  it  for  ten  years,  and  when 
Utse  expired,  for  another  period  of  ten  years,  and 
io  (« to  the  end  of  his  life.  The  memory  of  this 
c^HDedy,  as  Gibbon  has  happily  called  it,  was  pre- 
imvd  totbe  last  ages  of  the  empire  by  the  festiTal 
^  the  DnamUOf  whieh  was  solemnised  by  sub- 
»<;oent  emperon  erery  tenth  year  of  their  reign, 
alt^oGgfa  they  had  received  the  imperium  for  lUTe, 
aad  sot  for  the  limited  period  of  ten  years.  (Dion 
Cia  liil  16,  liv.  12,  IviiL  24,  IxxvL  1  ;  TrebelL 
PalL  Sdonm.  3,  CfaiUm.  7.) 

DECIMA'TTO,  was  the  selection,  by  lot,  of 
creiT  tenth  man  ftr  punishment,  when  any  munber 
^  laidien  in  the  Roman  army  had  been  guilty  of 
^  oiat.  The  remainder  usually  had  barley 
aiWvfd  to  them  instead  of  wheat.  (Polyb.  vi.  38  ; 
("k.  Cfvort  46.)  This  punishment  does  not  appear 
V)  \aM  been  often  inflicted  in  the  early  tiroes  of 


the  repabfic  ;  hot  is  fireqoently  mcntiOMd  in  the 
civil  wars,  and  under  the  empire.  It  is  said  to 
have  been  revived  by  Crassus,  after  being  diseon- 
tinued  for  a  long  timcb  (Plut.  Crem.  10.)  For 
instaiiMS  of  this  punishment,  see  Liv.  ii  59  ;  Suet. 
A^.  24,  Galboy  12  ;  Tacit.  HitL  I  87  ;  Dkai 
Cass.  zli.  35,  xliz.  27, 38. 

Sometimes  only  the  twentieth  man  waa  punished 
(f»oe«Mia«M>),or  the  hundreth  (ewfaitaiartb,  CapitoL 
Macrin.  12). 

DECIMATRUa.    IQuimquatecb.] 

DECRETUM,  seems  to  mean  that  which  it 
deteimined  in  a  particular  case  after  emminatioa 
or  consideration.  It  is  sometimes  applied  to  a  de- 
termination of  the  conauls,  and  sometimes  to  a  de- 
termination of  the  senate.  A  decretum  of  the 
senate  would  seem  to  differ  from  a  senataa-eon- 
sultum,'in  the  way  above  indicated  :  it  was  limited 
to  the  special  occasion  and  circumstances,  and  this 
would  be  true  whether  the  decretum  was  of  a 
judicial  or  a  legislative  character.  But  this  dis- 
tinction in  the  use  of  the  two  words,  as  q»plied  to 
an  act  of  the  senate,  was  Pf^^liaps  not  always  ob- 
served. Geen  {ad  Fam.  xiiL  £6)  opposes  edictom 
to  decretum  ;  between  which  there  is,  in  this  pas- 
sage, apparently  the  same  analogy  as  between  a 
consultnm  and  deeretum  of  the  senate.  A  de- 
cretum, as  one  of  the  parte  or  kinds  of  eonstitntio, 
was  a  judicial  decision  in  a  case  before  the  sove- 
reign, when  it  was  carried  to  the  auditorium 
princiios  by  way  of  appeal.  Paulus  wrote  a  work 
in  six  books  on  these  Imperiales  Sententiae. 
Gtaius  (iv.  140),  when  he  is  speaking  of  inteidicta, 
says  that  they  are  property  oslled  decreta,  *'cum 
(praetor  ant  proconsul)  fieri  aliquid  jubet,"  and 
interdicte  when  he  forbids.  A  judex  is  said  **  con- 
demnare,^*  not  **decemere,^  a  word  which,  in 
judicial  prooe«'dings,  is  appropriate  to  a  magistratns 
who  has  jurisdictio.  [O.  L.] 

DE'CUMAE  (sc.  pturie$\  the  tithes  paid  to 
the  state  by  the  oocupien  of  the  ager  pnblicus 
[AexR  PcBLiGua] :  henoe  the  Pnbliomi  are  also 
called  Decumani  from  their  forming  these  tithesb 

[PUBJLIGANI*] 

A  similar  system  likewise  existed  in  Oreece. 
Peisistratus,  for  instance,  imposed  a  tax  of  a  tenth 
on  the  lands  of  the  Athenians,  which  the  Petsistra- 
tidae  lowered  to  a  twentieth.  (ThucvL54.)  The 
same  principle  was  also  applied  to  religious  pur- 
poses: thus  Xenopbon  subjected  the  oocupien 
{roin  ix"*^^  f^^  aopiroi^owvs)  of  the  land  he 
purehased  near  Scillus,  to  a  payment  of  tithes  in 
support  of  a  temple  of  Artemis,  the  goddess  to 
whom  the  purchase-money  was  dedicated  ;  the 
Delian  Apollo  also  received  tenths  from  the 
Cyclades.  (Xen.  Anob.  v.  3.  §  11 ;  Callim.  Hymm. 
DeL  272,  Spanheim.)  That  many  such  chafjiea 
originated  in  conquest,  or  something  similar,  may 
be  inferred  from  the  stetement  of  Herodotus  (vii. 
132),  that  at  the  time  of  the  Persian  war  the  con- 
federate Greeks  made  a  vow,  by  which  all  the 
states  who  had  surrendered  themselves  to  the 
enemy,  were  subjected  to  the  payment  of  tithes 
for  the  use  of  the  god  at  Delphi. 

The  tenth  (rb  iinZiKorw)  of  confiscated  pn^ 
perty  was  also  sometimes  applied  to  similar  ob- 
jects. (Xen.  HeU.  i.  7.  §  11.)  The  tithes  of  the 
public  lands  belonging  to  Athens  were  fiirmed  out 
as  at  Rome  to  contractors,  called  l^KarAvai :  the 
term  HtKVTfthj&yoi  was  applied  to  the  collectors  ; 
but  the  callings  were,  as  we  might  suppose,  oftea 
cc  2 


888  DEJECTI  EFFUSIVE  ACTIO, 
united  in  the  same  person.  The  title  ScKcrrcvrdT 
19  applied  to  both.  A  8cicd(n|  or  tenth  of  a  dif- 
ferent kind  was  the  arbitnuy  exaction  imposed  by 
the  Athenians  (b.  c.  410)  on  the  cargoes  of  all 
ships  sailing  into  or  out  of  the  Pontus.  They  lost 
it  by  the  battle  of  Aegospotami  (b.  c.  405)  ;  but  it 
was  re-established  by  Thrasybulns  about  b.c  391. 
This  tithe  was  also  let  out  to  fiurm.  (Demosth. 
e.  Lep.  p.  475  ;  Xen.  HeU.  iv.  a  §  27,  31.)  The 
tithe-house  for  the  receipt  of  this  duty  was  called 
ifKartvriipiop :  to  sail  by  necessity  to  it,  wapayv- 
yididv.  (Bockh,  PubL  Boon,  of  Athsnt,  p.  325, 
&c.,2nded.)  [R.W.] 

DECUMA'NI.    [DicuMAE.] 

DECUNCIS,  another  name  for  the  deztans. 
[Ab,  p.  140,  b.] 

DECU'RIA.     [ExBRCiTUs.] 

DECU'RIAE  JUDICUM.     [Judbx.] 

DECURIO'NES.     [Colonia  ;  Exbrcitus.] 

DECU'RRERE.     [Funus.] 

DECUSSIS.    [As,  p.  140,  b.] 

DEDICA'TIO.     [Inauguratio.] 

DEDITI'CII,  are  one  of  the  three  classes  of 
libertinu  The  lex  Aelia  Sentia  provided  that,  if  a 
slave  was  put  in  bonds  by  his  nuister  as  a  punish- 
ment, or  branded,  or  put  to  the  torture  for  an 
offence  and  convicted,  or  delivered  up  to  fight  with 
wild  beasts,  or  sent  into  a  Indus  (ffladiatoritu)^  or 
put  in  confinement  {etutodia)^  and  then  manumitted 
either  by  his  then  owner,  or  by  another  owner,  he 
merely  acquired  the  status  of  a  peregrinus  dediti- 
cius,  and  had  not  even  the  privileges  of  a  Latinus. 
The  peregrini  dediticii  were  those  who,  in  former 
times,  had  taken  up  arms  against  the  Roman 
people,  and  being  conquered,  had  surrendered 
themselves.  They  were,  in  fact,  a  people  who 
were  absolutely  subdued,  and  yielded  uncon- 
ditionally to  the  conquerors,  and,  of  course,  had  no 
other  relation  to  Rome  than  that  of  subjects.  The 
form  of  deditio  occurs  in  Livy  (L  37). 

The  dediticii  existed  as  a  class  of  persons  who 
were  neither  slaves,  nor  cives,  nor  Latini,  at  least 
as  late  as  the  time  of  Ulpian.  Their  civil  condi- 
tion, as  is  stated  above,  was  formed  by  analogy  to 
the  condition  of  a  conquered  people,  who  did  not 
individually  lose  their  freedom,  but  as  a  community 
lost  all  political  existence.  In  the  case  of  the  Volsci, 
Livy  inclines  to  the  opinion  that  the  four  thousand 
who  were  sold,  were  slaves,  and  not  dediti.  (Gains, 
i  13,  Ac  ;  Ulpianus,  Frag,  tit  1.  s.  11.)  [G.L.] 

DEDITIO.     [Dbditicil] 

DEDUCTO'RES.     [Ambitus.] 

DFFENSO'RES.     [Provincia.] 

DE'FRUTUM.     [Vinum.] 

DEICELISTAE  (5«iic«A»<rraO.    [Comobdia.] 

DEIGMA  {9uyfm),  a  particular  place  in  the 
Peiraeeus,  as  well  as  in  the  harbours  of  other 
states,  where  merchants  exposed  samples  of  their 
goods  for  sale.  (Harpocrat  «.  v.  ;  Pollux,  ix.  34  ; 
Aristoph.  Equit.  974  ;  Dem.  c.  Latr,  p.  932.  20  ; 
Thcophr.  Char.  23.)  The  samples  themselves  were 
also  called  deiffmata.  (Plut  Demosth.  23  ;  Bockh, 
PM.  Boon,  of  Athens.,  p.  68,  2nd.  ed.) 

DEJECTUM  EFFUSUM.  [DiJEcTi  Efpu- 
«iVB  Actio.] 

DEJECTI  EFFUSIVE  ACTIO.  If  any 
person  threw  or  poured  out  anything  from  a  place 
or  upper  chamber  {caenaculum)  upon  a  road  which 
was  frequented  by  passengers,  or  on  a  place  where 
people  used  to  stand,  and  thereby  caused  any 
■damage,  the   praetor*s    edict  gave    the    injured 


DELATOR. 

person  an  actio  in  duplum.  The  act 
the  occupier.  If  several  peraon 
caenaculum,  and  any  injury  waa  d 
by  a  thing  being  thrown  or  poiire< 
had  a  right  of  action  against  any  < 
doer  was  uncertain.  The  dainag 
were  to  double  the  amount  of  the  < 
in  the  case  of  a  liber^  when  they  « 
if  he  was  killed  ;  and  any  person  m 
money  within  a  year,  but  the  righ 
given  in  preference  to  a  person  ^  < 
or  to  affines  or  cognatu  If  a  man 
jured  in  his  person,  the  damages  w 
ob  eam  rem  aequum  judid  videbitiu 
agatur  condemnari,**  which  includes 
of  a  medical  attendant,  loss  of  time 
man's  earnings  during  the  time  of  hi 
of  future  earnings  by  reason  of  hi 
rendered  incapable  of  making  such 
injury  was  caused  by  a  thing  being 
ship,  there  was  an  actio  utilis  ;  fa 
the  edict  are,  **  Undb  in  eum  locun 
fiat  vel  in  quo  consistatur,  dejectum,' 

The  edict  applied  to  things  wh 
pended  over  a  public  place  and  whic 
might  injure  people.  It  allowed  i 
bring  an  action  for  the  recovery 
against  any  person  who  disregarde 
the  edict  If  a  thing  so  suspended, 
injured  any  person,  there  was  an 
him  who  placed  it  there. 

As  many  of  the  houses  in  Rome  i 
inhabited  to  the  top  by  the  poor 
35  ;  Hor.  Ep.  L  1.  91  ;  Juv.  Sat 
probably  as  there  were  very  impeH 
carrying  off  rubbish  and  other  ace 
was  necessary  to  provide  against  ac 
might  happen  by  such  things  being  tl 
the  window.  According  to  Labeo' 
edict  only  applied  to  the  daytime,  a 
night,  which,  however,  was  the  m< 
time  for  a  passer-by.  (Dig.  9.  tit 
tit  7.  s.  5.  §  5  ;  Inst  4.  tit  5  ;  Juv. 
&C.;  Thibaut,  System,  Ac  §566,  9tj 

DEILIAS  GRAPHE'  (JfiAfoj 
name  of  a  suit  instituted  against 
had  been  guilty  of  cowardice.  (Aes 
p.  666  ;  Lys.  e.  Aldb.  pp.  520,  521 
sidency  of  the  court  belonged  to  the 
the  court  was  composed  of  soldiers  w! 
in  the  campaign.  (Lys.  e.  Aldb,  p 
punishment  on  conviction  appears  1 
arifxia.     Compare  Astratkias  ORi 

DEIPNON  (JeiTwy).     [CoKna. 

DELA'TOR,  an  uiformer.  T 
under  the  emperors,  were  a  class 
gained  their  livelihood  by  informing 
fellow-citizens.  (Suet  Tib,  61,  Z>oi 
Ann.  iv.  30,  vL  47*)  They  constt 
forward  fitlse  charges  to  gratify  tl 
jealousy  of  the  different  emperors,  i 
sequently  paid  according  to  the  imp* 
information  which  they  gave.  In 
however,  the  law  specified  the  sum 
to  be  given  to  informers.  Thus,  wl 
had  been  committed  in  a  fiunily,  ai 
slaves  belonging  to  it  had  run  aw 
quaestio,  whoever  apprehended  su< 
ceived,  for  each  slave  whom  he  a] 
reward  of  five  aurei  fi;t>m  the  prope 
ceased,  or  else  from  the  state,  if  tl 


DEUA. 

»l  kalnd  fiom  the  propertj  of  the  deonaedL 
(1%  29.  tit.  &  i»  fS.)  In  tlie  lenatu*  oonsultam 
pasted  bj  Fnotinu  (Db  Aqmaedtiet,\  the  infonner 
nrnnd  hilf  of  the  penalty  in  which  the  penon 
vasfioed  who  tniugresied  the  decree  of  the  eenate. 
Tboe  Meni  tko  to  hare  been  a  fixed  lum  given 
t»  b&iatn  by  tbe  lex  Papia,  since  we  an  toid 
tbat  Sao  ivdooed  it  to  a  fourth.  (Suet  Ner.  10.) 
Th«  Bnmber  of  infiinBen,  however,  increaaed  ao 
opidlr  BBder  die  eariy  empezon,  and  oeeaaioned 
n  waA  mkbief  in  ndety,  tbat  many  of  them 
rat  ficquenkfy  boniahed,  and  poniahed  in  other 
nji,  bjr  various  cmperan.  (SneL  TSt.  8,  J>om. 
S ;  KartL 4 ;  Plin.  Pamtg.  U  |  BriflMmiiu,  AuL 
Siial  dL  17.) 
DEL^TFUS.  [Ezncrru&] 
D£  LIA  (HXm),  the  name  of  festivals  and 
paa  cdeinted  at  the  great  panegyris  in  the 
i^iad  of  Ddos,  the  centre  of  an  amphictyony,  to 
vhkk  the  Cjdades  and  the  neighbooring  lonians 
m  tbe  coaats  beloi^ed.  (Horn.  Hjfnm.  in  ApolL 
147,  ac)  This  amphictyony  seems  originally  to 
lare  bea  matitated  limply  for  the  porpose  of  re- 
ligBiei  woahipin  the  common  aanctoary  of  Apollo, 
va  Mi  ncrpyet  of  the  looiana,  who  waa  bebeved 
to  bie  been  bom  at  Deloe.  The  Delia,  as  ap- 
pott  from  tbe  Hymn  on  Apollo  (compare  Thocyd. 
si- 104;  Polfaiz,  ix.  SI),  bad  existed  from  very 
eaiiy  tioMS,  and  were  celebrated  every  fifth  year 
(Polloz,  Till  104),  and  as  Bockh  snppoees,  with 
(rat  pfobabDity,  on  the  sixth  and  seventh  daya  of 
Tbstgelian,  tbe  birthdays  of  Apollo  and  Artemis. 
Tbe  nemboi  of  the  amphictyony  assembled  on 
ilsae  oecaaioaa  (l^erfpouy)  in  Deloa,  in  long  gar- 
Bntt,  with  their  wives  and  childien,  to  worship 
^  god  with  gymnastic  and  mosical  contests, 
cboiyiei,  and  danees^  Tbat  the  Athenians  took 
pvt  in  these  aoleomities  at  a  very  early  period, 
»  eiideat  from  the  Deliaatae  (afterwards  called 
^y»)  mationed  m  tbe  biws  of  Solon  (Athen.  vi 
y2U);  the  lacred  veaael  (i^cofplt),  moreover, 
viadi  they  sent  to  Ddoa  every  year,  waa  aaid  to 
hetbe  oune  which  Theseos  had  sent  after  hia  re- 
tfifimOeteu  (See  the  commentators  on  Phito, 
Cnts,  p.  43,  e.)  The  Delians,  daring  the  oelebra- 
tint  of  these  solemnities,  performed  tbe  office  of 
Qxib  fer  those  who  vithed  their  island,  whence 
^  voe  called  *EXao86rai  (Athen.  iv.  p.  173). 

ht  the  coone  of  time  the  celebration  of  thia 
">^t  panegyns  in  Delos  had  ceased,  and  it  was 
Betmhred  aotQ  01  88.  3,  when  the  Athenians, 
^having  pozified  the  island  in  the  winter  of 
^  Tear,  restored  the  ancient  solemnities,  and 
'^hose^aees  whkh  had  never  before  taken 
piKe  at  the  Delia.  (Thocyd. /.  e.)  After  this  re- 
^^'"^  Athens  being  at  the  head  of  the  Ionian 
^**frdeacy  took  the  moat  prominent  part  in  the 
f'^'^n^  of  the  Delia ;  and  thoogh  the  ishmdera, 
Q  nnmoD  with  Athens,  provided  the  choruses  and 
^'J^  the  lesder  {ifxi»4»paf%  who  conducted 
Je  whole  lolemnity,  was  an  Athenian  (Pint  Nie, 
' ;  Wq1£  Inbroi,  ad  Demotth,  LepL  p.  xc.),  and 
ueAtheoism  had  the  saperintendenoe  of  the  com- 
^noctaaiy.  '[Amphicttons.] 

Pram  these  aolemnitiea,  belonging  to  the  great 
l^ian  P^MgynS  ve  nmat  distmgnish  tbe  letser 
^^  »hieh  were  celebrated  every  year,  probably 
ootheethofThargelion.  The  Athenians  on  this  oc- 
ap^ient  the  sacred  vesael  (3e«pis),  which  tbe 
pntof  Apollo  adoined  with  bturd  bnmches,  to 
DeiM.  TheaBbaBByiraa€dted;»f»|>fa:  aodtiioM 


BEMARCHL 


389 


who  Muled  to  the  island,  b*mpd  ;  and  before  they 
aet  aail  a  aolenm  aacrifice  was  offered  in  the  Delion, 
at  Marathon,  in  order  to  obtain  a  happy  voyage. 
(MUller,  Dor.  iL  2.  §  14.)  During  tbe  absence  of 
the  veaael,  which  on  one  occaaion  laated  30  days 
(PUt  Pkaedom^  p.  58 ;  Xen.  MemoroL  iv.  8.  §  2), 
the  city  of  Athens  was  purified,  and  no  criminal 
was  allowed  to  be  executed.  The  leaaer  Delia 
were  aaid  to  have  been  inatitnted  by  Theaeua^ 
though  in  aome  legenda  they  are  mentioned  at  a 
much  eailier  peri^  and  Plutarch  {Tim.  33)  re* 
latea  that  the  ancient  veaael  need  by  the  founder 
bimael^  though  often  repaired,  was  preserved  and 
uaed  by  the  Atheniana  down  to  the  time  of  Deme- 
trina  Phalereus.  (B(kkb,  PwhL  Earn,  of  AiL^ 
214,  Ac  2d  edit ;  Thirlwall,  BuL  o/Onece^  vol 
iiL  p.217.)  [L.&] 

DELICTUM.    [Crimsn.] 

DELPHFNIA  (ScA^via),  a  festi>-al  of  the 
aame  expiatory  character  as  the  ApoUonia,  which 
was  celebrated  in  various  towns  of  Greece,  in 
honour  of  Apollo,  sumamed  Depbinius,  who  was 
considered  by  the  lonians  •»  their  ^o^t  voerp^t^ 
The  name  of  tbe  god,  as  well  mt  that  of  bis  fos* 
tival,  must  be  derived  from  tbe  belief  of  the  an- 
denta  that  in  the  beginning  of  the  month  of  Muny* 
chion  (probably  identieal  with  the  Aeginetan 
Delphinios)  Apollo  came  through  the  defile  of 
Parnassus  to  Delphi,  and  began  the  battie  with 
Delphyne.  As  he  thus  assumed  the  character  of  a 
wratbAil  god,  it  was  thought  necessary  to  appease 
him,  and  the  Delpbinia,  accordingly,  were  cele- 
brated at  Athens,  as  well  as  at  other  places  where 
his  worship  had  been  adopted,  on  the  6th  of  Mim^- 
cbion.  At  Athens  seven  boys  and  girls  carried 
olive-branches,  bound  with  white  wool  (called  tbe 
lMenfpia\  into  the  Delphinium.     (Pint  7%«s.  18.) 

The  Delpbinia  of  Aegina  are  mentioned  by  the 
scholiast  op  Pindar  {Pt^  viii.  88),  and  from  his 
remark  on  another  passage  {Ofymp,  vii.  151),  it  is 
clear  tbat  they  were  celebrated  with  contests. 
(Compare  Diog.  Laftt  ViL  Tkal.  c  7  ;  MUller, 
Dor.  ii.  8.  §  4.)  Concerning  tbe  celebration  of  the 
Delpbinia  in  other  places  nothing  is  known  ;  but 
we  have  reason  to  suppose  that  the  rites  observed 
at  Athens  and  in  A^ina  were  common  to  all 
festivals  of  the  aame  name.  See  MiiUer,  AegimeL 
p.  152.  [L.S.] 

DELPHIS  (3cA^t),  an  inatrument  of  naval 
war&re.  It  consisted  of  a  large  maas  of  iron  or 
lead  auspended  on  a  beam,  which  projected  from 
the  mast  of  the  ahip  like  a  yard-ann.  It  was  used 
to  sink,  or  make  a  hole  in,  an  enemy^  vessel,  by 
being  dropped  upon  it  when  alongside.  ( Aristoph. 
Eqmt.  759 ;  Thuc  viL  41  ;  Sehol.  ad  loe. ; 
Heaych.  «.  v.)  There  aeema  no  neceaaity  for  rap- 
posing  that  it  was  made  m  the  shape  of  a  dolphin. 
Bars  of  iron  used  for  ballast  are  at  the  present  day 
called  **  piga*^  though  they  bear  no  resemblance  to 
that  animal.  Probably  the  8c\^iy<r  were  hoisted 
aloft  only  when  going  into  action.  We  may  also 
conjecture  that  they  were  fitted,  not  so  much  to 
the  swift  (rax^Mt)  triremes,  as  to  the  military 
transports  {irrpqrrtAri^s^  6fw\iTdymyot\  for  the 
sailing  of  the  former  would  be  much  impeded  by 
so  large  a  weight  of  metaL  At  any  rate,  those 
that  Thncydides  speaks  of  were  not  on  the  tri* 
remes,  but  on  the  6\KdSes. 

DELUBRUM.    [Tbmpluk.] 

DEMARCHI  (84/iapxoc),  the  chief  magistrates 
of  the  demi  (B^ftM)  in  Attica,  and  aud  to  hav^ 
cc  a 


S90 


DEMIOPRATA. 


been  first  appomted  by  Cleisthenes.  Their  duties 
were  various  and  important  Thus,  they  convened 
meetings  of  the  demus,  and  took  the  votes  upon 
ftU  questions  under  consideration ;  they  had  the 
custwly  of  the  \fiiuipx"(hv  ypa^^taruov^  or  book 
in  which  the  members  of  the  demus  were  enrolled ; 
And  they  made  and  kept  a  register  of  the  landed 
pstates  (xfi»p^a)  in  their  districts,  whether  belong- 
iog  to  individuals  or  the  body  corporate  ;  so  that 
whenever  an  ^Iff^oftd^  or  extraordinary  property- 
tax  was  imposed,  they  must  have  been  of  great 
service  in  assessing  and  collecting  the  quota  of 
each  estate.  Moneys  due  to  the  demns  for  rent, 
&a  were  collected  by  them  (Dem.  e.  Eub,  p.  1318), 
imd  it  may  safely  be  allowed  that  they  were  em- 
ployed to  enforce  payment  of  various  debts  and 
liues  claimed  by  the  state.  For  this  purpose  they 
seem  to  have  had  the  power  of  distraining,  to  which 
allusion  is  made  by  Aristophanes  (Nub.  37).  In 
the  duties  which  have  been  enumerated,  they  sup- 
planted the  nauerari  (voAttftapoi)  of  the  old  con- 
stitution ;  their  functions,  however,  were  not  con- 
fined to  duties  of  this  chiss,  for  they  also  acted  as 
]K>lice  magistrates :  thus,  in  conjunction  with  the 
dicasts  of  the  towns  (SiJtcurral  Karh  i^fwvs),  they 
jissisted  in  preserving  peace  and  order,  and  were 
required  to  bury,  or  cause  to  be  buried,  any  dead 
bodies  found  in  their  district :  for  neglect  of  this 
duty  they  were  liable  to  a  fine  of  1000  drachmae. 
(Dem.  0.  Afacar,  1 069. 22.)  Lastly,  they  seem  to 
have  furnished  to  the  proper  authorities  a  list  of 
the  members  of  the  township  who  were  fit  to  serve 
in  war  (KaroK^ous  /iroi^frovro,  Deraosth.  c 
Pdyo,  p.  1208  ;  Harpocr.  t.  «.  ;  Poll  viiL  118  ; 
K.  F.  Hermann,  Grieeh,  StaaitaUerth.  §  111  ; 
lUkkh,  PuUio  Econ.  of  AOmu,  pp.  157,  512  ; 
Schdmann,  De  CotnUiit,  p.  376,  &c.).  Detnarcki 
was  the  name  given  by  Greek  writers  to  the 
Roman  tribunes  of  the  plebs.  [R.  W.] 

DEMEN&     [Curator.] 

DEMENSUM.    [Skrvus.] 

DEME'NTIA.    [Curator.] 

DEMETRIA  (hifinrpia)^  an  annual  festival 
which  the  Athenians,  in  307  b.  c.,  instituted  in  ho- 
nour of  Demetrius  Poliorcetes,  who,  together  with 
his  fiither  Antigonus,  were  consecrated  under  the 
title  of  saviour  gods.  It  was  celebrated  every  year 
ia  the  month  of  Munychion,  the  name  of  which,  as 
well  as  that  of  the  day  on  which  the  festival  was 
held,  was  changed  into  Demetrion  and  Demetrias. 
A  priest  ministered  at  their  altars,  and  conducted 
tbe  solemn  procession,  and  the  sacrifices  and  games 
with  which  the  festival  was  celebrated.  (Diodor. 
Sic.  XX.  46 ;  Plut  Demetr.  10,  46.)  To  honour 
ttie  new  god  still  more,  the  Athenians  at  the  same 
lime  changed  the  name  of  the  festival  of  the  Dio- 
nysia  into  that  of  Demetria,  as  the  young  prince 
was  fond  of  hearing  himself  compared  to  Dionysus. 
The  demetria  mentioned  by  Athenaeus  (xii  p. 
536)  are  probably  the  Dionysia.  Respecting  the 
other  extravagant  flatteries  which  the  Athenians 
heaped  upon  Demetrius  and  Antigonus,  see  Athen. 
vL  p.  252 ;  Herm.  PtUii,  AnL  of  Grteee,  §  175.  n. 
6, 7,  and  8  ;  and  Thirl  wall,  HitL  of  Chmoe^  vol  vii 
p.  331.  [L.S.] 

DEMINUTIO  CAPITIS.    [Caput.] 

DEMIOPRA'TA  (8ijfu<{Tpara,  sc.  wpikytMra 
or  icT^/xaTo),  was  property  confiscated  at  Athens 
and  sold  by  public  auction.  The  confiscation  of 
property  was  one  of  the  most  common  sources  of 
«9venue  in  many  of  the  Grecian  states  j  and  Axis- 


DEMOCRATIA, 
tophanes  (Vesp,  559,  with  SchoL^ 
Z/filuinrpara  as  a  separate  branch  of 
venue  at  Athens.  An  account  of 
wv  presented  to  the  people  in  the 
of  every  prytaneia  (Pollux,  viii.  95 
it  were  posted  upon  tablets  of  sto 
places,  as  was  the  case  at  Eleusis, 
logue  of  the  articles  which  aocnie< 
of  Demeter  and  Persephone,  firm 
had  committed  any  offence  against 
(Pollux,  X.  97.)  Many  monument 
were  collected  by  Greek  antiquarian 
account  is  given  by  Bockh  {PvbL  I 
pp.  197,  392,  2d  edit)  and  Meier  (J 
naiorwn^  p.  160,  &&). 

DEMIURGI  (5ij/uotip7oO.  The 
whose  title  is  expressive  of  their  dc 
of  the  people,  are  by  some  gramms 
have  been  peculiar  to  Dorian  states 
on  no  authority,  except  the  for 
MUller  {Dorians^  vol.  ii.  p.  145)  ob 
contrary,  that  "  they  were  not  imc 
Peloponnesus,  but  they  do  not  occi 
Dorian  states.**  They  existed  amoi 
and  Mantineians,  with  whom  they 
been  the  chief  executive  magistracy 
Kot  ii  /8ovM,  K.  T.  X.,  Thuc.  v.  47). 
of  demiurgi  in  the  Achaean  leagae, 
ranked  next  to  the  strategu  [  Acha 
p.  5,  b.]  Officers  named  Epidemi 
demiuigi,  were  sent  by  the  (3orinth 
the  government  of  their  colony  at  Pa 
156.) 

DE'MIUS  (Hfuos).  [ToRMSN 
DEMOCRATIA  {9nfJUHcparia% 
constitution  in  which  the  sovereign  | 
is  in  the  hands  of  the  demus,  or  ooi 
the  article  Aristocratia  the  ra 
noticed  the  rise  and  nature  of  the 
tween  the  politically  privileged  clast 
the  commonalty,  a  ckse  personallj 
without  any  constitutionally  reoo^ 
power.  It  was  this  commonalty  ^ 
perly  termed  the  demus  (8^/ior). 
and  inevitable  effect  of  the  progi 
being  to  diminish,  and  finally  do  aw 
distinctions  between  the  two  classes, 
original  difference  in  point  of  politic 
founded,  when  the  demus,  by  tl 
numbers,  wealth,  and  intelligence 
themselves  to  a  level,  or  nearly  so, 
and  importance  with  the  originally  p 
now  degenerated  into  an  oligarchy, 
sure  to  ensue,  in  which  the  demoi 
borne  by  extraneous  influences,  was 
the  mastery.  The  sovereign  power 
being  thus  established,  the  govemme 
a  democracy.  There  might,  how( 
modifications  of  the  victory  of  the  cc 
the  struggle  between  the  classes  li 
tracted  and  fierce,  the  oligarchs  w 
expelled.  This  was  frequently  th( 
smaller  states.  If  the  victory  of  tl 
was  achieved  more  by  the  force  of 
than  by  intestine  war£ure  and  fc 
through  the  gradual  concessions  of  ^ 
result  (as  at  Athens)  was  simply 
litecation  of  the  original  distinctions, 
the  constitution  was  still,  in  the  mo 
of  the  term,  a  democracy  ;  for  as  we 
no  longeir  formed  the  title  to  political 


DBMOCRATIA. 

tte  vetltbx  and  boUa  still  remained  dtuens  of 
tW  coeuMDvaHh,  the  lapreiiie  power  waa  to  all 
iateats  and  pvpose*  in  the  handa  of  the  dasa  for- 
r.«riT  ooMtitatmg  the  demna,  by  Tirtae  of  their 
^ris(  the  MR  muaefoa.  (Aiiatot  P6L  iv.  4, 
T^  122,  «d.  G«ttlii«.)  When  the  two  danee 
rere  tlitn  cqadiMd,  the  tenn  demoa  itaelf  was 
ir^oeDtiT  ned  to  deoote  the  entire  body  of  free 
eidBas-^'*the  nanj,**  in  contmst  with  **  the 
few.- 

his  obriovi  that,  ceoattently  with  the  main* 
tesiBce  of  the  fcadeiiiental  {irindple  of  the  anpreme 
psiFerbciBg  id  the  handa  of  the  demna,  Tariona 
BKdiScatiooi  of  the  conatitntion  in  detail  might 
rxk,  ad  diftnnt  Tiewi  might  be  held  aa  to  what 
ni  the  pofeettypeof  a  democncy,  and  what  waa 
2Q  inpoiect,  v  a  diaeaaed  lonn  of  i^  Ariatotle 
yP<L  It.  3)  pcoata  out  that  a  democracy  cannot  be 
iikxA  br  the  mere  conaideration  of  nmnbera. 
Y<s  if  the  vmlthy  were  the  more  nnmenma  and 
pewffed  the  npreme  power,  this  would  not  be  a 
imAOMf.  A  democncy  is  rather,  when  eyeiy 
free  dQsen  if  a  member  of  the  aorereign  body 
f%of  par  itrv  Srvr  ol  ^Xc^poi  ic^oi  iffir), 
Tks  definitioB  he  ezpresaes  in  a  more  accurate 
fes  diss :  Im  htfut^terla  fiip  irvof  ol  iKii9*poi 
obI  inpM  vXcievt  Srrts  xiptM  riis  i^x^s  iviv. 
It  vmU  itfll  be  a  democracy  if  a  certain  amount 
4  jnptftj  were  requisite  for  filling  the  public 
i£as,  pnmded  the  amount  were  not  large. 
{Prl  ir.  4.  p.  122,  ed.  OottL)  A  PoliteJd  itself 
is  eae  ipedes  of  democtacy  {PoL  ir.  3.  p.  117), 
imxnej,  in  the  fall  sense  of  the  word,  being  a 
i6!t  of  npiatoms  of  it  But  for  a  p^fiect  and 
fat  dcBKocncy  it  was  neoeaaary  that  no^  free 
citiieB  dwuU  be  debarred  on  account  of  his  in- 
^.witj  in  lank  or  wealth  from  a^iring  to  any 
dice,  or  exeidfing  any  political  frmction,  and  that 
ori  Rtiitv  ihoaid  be  allowed  to  follow  that  mode 
<!  Be  vUch  he  dioae.  (Arist.  PoL  iv.  4,  vi  1.) 
h  t  paange  of  flerodotua  (iiL  80),  where  we  pro- 
hktj  haie  the  ideaa  of  the  writer  himael^  the 
chaiictemtiaofademocrBCT  are  specified  to  be — 
1.  cqnlity  of  legal  righto  (uroyofihi)  ;  2L  the  i^ 
poiatDat  of  nagistrates  by  lot ;  SL  the  account- 
ihOityof  an  nagiatntea  and  officera ;  4.  the  refer- 
flM  of  an  pablie  matters  to  the  deciaion  of  the 
racamutT  at  lane.  Ariatotle  alao  (Bkei.  L  & 
!  4^  Bji:  Irri  m  hiftoicparia  fihf  voXircla  ir 
Aiff  aivf fiMTm  ris  ipx^*  ^Af>t^»x^  ^  ^'^ 
MMn^iyirMr.  Inanother  pasaage(PoLiri.  I), 
itit  BcntioniBg  the  eaaential  prindplea  on  which 
KJoBKncy  is  baaed,  he  goea  on  to  any :  **  The 
^•inriig  poials  are  charactieriatic  of  a  democncy  ; 
^  lU  magiatiatea  ahonld  be  chosen  out  of  the 
*^  body  of  dtinDB ;  that  all  ahould  rule  each, 
cd  each  in  torn  nie  all ;  that  either  all  magiatrar 
^  « those  not  nquiring  experience  and  profee- 
mnl  knowledge,  should  be  aaaigned  by  lot ;  that 
tKte  liwaM  be  no  property  qualification,  or  but  a 
tor  anaU  one,  ftr  filling  any  magiatncy;  that  the 
aae  nan  should  not  fill  the  aame  office  twice,  or 
Mdfin  oficea  but  few  timea,  and  but  few  of- 
«^  except  in  the  caae  of  military  commanda;  that 
u^  or  a*  many  aa  poosible  of  the  magistncies, 
»>«U  be  of  brief  duntion  ;  that  all  citiaens  should 
he  qnlffied  to  aerre  ss  dicasto  ;  that  the  supreme 
l^*v  ia  eToythh^  shodd  rende  in  the  public 
^MtnUy,  and  that  no  nuigistrate  should  be  en- 
^'■""d  vith  imspoosible  power  except  in  Tery  small 
awtai   (Conj^  pi^.  ftetp.  yiij.  pp.  558,  562, 


DEMUS. 


8dl 


568,  Leg/,  iiL  pi  690.  c  iri.  p.  757,  e.)  Aristotle 
(Pol.  iv.  S,  4,  5,  ri.  1,  2)  describes  the  various 
modifications  which  a  democracy  may  assume.  It 
is  somewhat  curious  that  neither  in  practice  nor  in 
theory  did  the  representatire  system  attract  any 
attention  among  the  Greeks. 

That  diseased  form  of  a  democncy,  in  which 
fix>m  the  practice  of  giring  par  to  the  poorer  dti- 
lena  for  their  attendance  in  the  public  assembly, 
and  firom  other  causes,  the  predominant  party  in 
the  state  came  to  be  in  fact  the  loweat  daas  of  the 
dtiscns  (a  sUte  of  things  in  which  the  democncy 
in  many  respecta  resembled  a  tyranny :  see  Arist. 
PoL  ir.  4)  was  by  later  writen  (Polyb.  vi  4, 57; 
Pint  <fe  Momarek.  &  5)  termed  an  Oekloeraty 
(^X^^pci^^ — the  dominion  of  the  mob) ;  but  the 
term  is  not  found  in  Aristotle.  (Wachsmuth, 
HOmiteko  Altartkmmsk,  e.  7,  8 ;  K.  F.  Heiw 
mann,  LeMmek  der  Grioek,  StaatmlUrlkUnmr, 
§§  52, 66--72;  Thirlwall,  HiMory  cf  Grooee^  toL  i. 
clO.)  [C.P.M.J 

DEMONSTRATIO.    [Acria] 

DEMOPOIETOS  (j^iuntoinros\  the  name 
giren  to  a  foreigner  who  was  admitted  to  the  righto 
of  dtizenship  at  Athens  by  a  decree  of  the  people, 
on  account  of  senrices  rendered  to  the  state.  Such 
dtizens  were,  however,  exduded  from  the  phra- 
triae,  and  could  not  hold  the  offices  of  either  archoa 
or  priest  (Dem.  e.  Noaer,  p.  1876),  but  were  re- 
gistered in  a  phyle  and  deme.  [CivrrAa,  Orkkk, 
p.288,b.] 

DEMO'SII  (9fift6iruH\  public  slaves  at  Athens, 
who  were  purehased  by  the  state.  Some  of  them 
filled  subordinate  |daces  in  the  assembly  and  courts 
of  justice,  and  were  also  employed  as  henlds, 
checking  clerks,  die  They  were  usually  called 
hifiiAetot  oiic^oi,  and,  as  we  leara  from  Ulpian 
(ad  Dem.  Oljfnik,  ii.  p.  15),  were  taught  at  the 
expense  of  the  state  to  qualify  them  fw  the  dis* 
chaige  of  such  duties  as  hare  been  mentioned. 
(Hemsterh.  ad  PoUue.  ix.  10  ;  Afanssac  ad  I/ar- 
poeraL  ».  v.  hnjiSftos ;  Petitus,  Leg.  AtL  pi  342.) 
As  these  public  slaves  did  not  bdong  to  any  one 
individua],  they  iqipear  to  have  posMssed  certain 
legal  righto  which  private  daves  Imd  not  (Meier, 
Att  Ptoeeu^  pp.  401,  560 ;  Aeschin.  e,  Timartk 
pp.79,  85.) 

Another  dass  of  public  daves  formed  the  dty 
guard ;  it  was  their  duty  to  preserve  order  in  the 
public  assembly,  and  to  remove  any  person  whom 
the  Prytaneis  might  order.  (Schneider,  Ad  Xem. 
Mem.  iii  6.  §  1  ;  PUto,  Protoff.  p.  319,  and  Hein- 
dorf 's  note ;  Aristoph.  Adam.  54,  with  the  com* 
mentators.)  They  are  generally  called  bowmen 
(ro^6rai) ;  or  from  the  native  country  of  the  ma- 
jority, Scythians  (Xc^tfcu) ;  and  also  Speusinians, 
from  the  name  of  the  person  who  first  established 
the  force.  (Pollux,  viii  131,  132  ;  Photius,  «.«. 
To^^oi,)  There  were  also  among  them  many 
Thiaeians  and  other  barbarians.  They  originally 
lived  in  tento  in  the  market-place,  and  afterwards 
upon  the  Ardopogus.  Their  officen  had  the  name 
of  toxaichs  (r6iapxoi).  Their  number  was  at  first 
300,  purchased  soon  after  the  battle  of  Salamis, 
but  was  afterwards  increased  to  1200.  (Aeschin. 
nepl  Uapawpwe.  p.  335 ;  Andoc.  De  Pae.  p.  93  ; 
Bikskh^PvU.  Ecom.  <f  Athene^  pp.207,  208,  2d 
edit) 

DEMUS.    The  word  89/iof  originally  indicated 
a  district  or  tract  of  land,  and  is  by  som   derived 
{ran  Hm^  as  if  it  signified  SA  **  endoquie  marked 
cc  4 


Sd2 


PEMUS. 


off  from  the  waste,**  jast  u  our  word  town  comes, 
according  to  Home  Tooke,  from  the  Saxon  verb 
**tynaa,"  to  enclose.  (Arnold,  ad  Tkue.  vol,  I 
Appendix,  iiL)  It  seems,  however,  more  simple 
to  connect  it  with  the  Doric  8a  for  70.  Tn  this 
meaning  of  a  country  district,  inhabited  and  under 
cultivation,  8i}^of  is  contrasted  with  WXis:  thus 
we  have  kit^pStv  Vfiyi6v  t€  ir6\tv  re  (Hes.  Op.  et 
Dies,  527) ;  but  the  transition  from  a  locality  to 
its  occupiers  is  easy  and  natural,  and  hence  in  the 
earlier  Greek  poets  we  find  9iitJu>s  applied  to  the 
outlying  country  population,  who  tilled  the  lands  of 
the  chieftains  or  inhabitants  of  the  city ;  so  that 
9rifjLOs  and  vo\ircu  came  to  be  opposed  to  each 
other,  the  former  denoting  the  subject  peasantry, 
the  hitter,  the  nobles  in  the  chief  towns. 

The  Demi  {ol  8^fu>()  in  Attica  were  subdivisions 
of  the  tribes,  corresponding  to  our  toumskips  or 
hatdredi.  Their  institution  is  ascribed  to  Theseus; 
but  we  know  nothing  about  them  before  the  age 
of  Cleisthenes,  who  broke  up  the  four  tribes  of  the 
old  constitution,  and  substituted  in  their  phice  ten 
local  tribes  (^vXot  totmoO,  each  named  after  some 
Attic  hero.  (Herod,  v.  6Qy  69.)  These  were  sub- 
divided each  into  ten  demi  or  country  parishes, 
possessing  each  its  principal  town ;  and  in  some 
one  of  these  demi  were  enrolled  all  the  Athenian 
eitiisens  resident  in  Attica,  with  the  exception, 
]>crhaps,  of  those  who  were  natives  of  Athens  itself. 
(Thiriwall,  Hi$t.  of  Greece^  vol.  iL  p.  74.)  These 
subdivisions  corresponded  in  some  degree  to  the 
yauKpaplcu  of  the  old  tribes,  and  were,  according 
to  Herodotus,  one  hundred  in  number ;  but  as  the 
Attic  demi  amounted  in  the  time  of  Strabo  (ix.  p. 
396,  c.)  to  174,  doubts  have  been  raised  about  this 
statement  Niebuhr  has  inferred  from  it  that  the 
tribes  of  Cleisthenes  did  not  originally  include  the 
whole  population  of  Attica,  and  **  that  some  of  the 
additional  74  must  have  been  cantons,  which  had 
previously  been  left  in  a  state  of  dependence ;  by 
fax  the  chief  part,  however,  were  houses  {y^yri) 
of  the  old  aristocracy,**  which  were  included  in  the 
four  Ionian  tribes,  but,  according  to  Niebuhr,  were 
not  incorporated  in  the  ten  tribes  of  the  **  rural 
commonalty,**  till  after  the  time  of  Cleisthenes. 
This  inference,  however,  seems  very  questionable  ; 
for  the  number  of  the  demi  might  increase  from  a 
variety  of  causes,  such  as  the  growth  of  the  popu- 
lation, the  creation  of  new  tribes,  and  the  division 
of  the  larger  mto  smaller  demi ;  to  say  nothing 
of  the  improbability  of  the  co-existence  of  two 
different  orders  of  tribes.  **  Another  fact,  more 
difficult  to  account  for,  is  the  transposition  by 
which  domes  of  the  same  tribe  were  found  at  op- 
posite extremities  of  the  country.**  (Thiriwall,  I.  &., 
and  app.  L  vol.  iL)  The  names  of  the  different 
domes  were  taken,  some  from  the  chief  towns  in 
them,  as  Marathon,  Eleusis,  and  Achamae ;  some 
from  the  names  of  houses  or  clans,  such  as  the 
Daedalidae,  Boutadae,  &c  The  hirgest  of  all 
was  the  demus  of  Achamae,  which  in  the  time  of 
the  Peloponnesian  war,  was  so  extensive  as  to 
supply  a  force  of  no  less  than  three  thousand 
heavy-armed  men.     (Comp.  Thuc  iL  191.) 

In  explanation  of  their  constitution  and  relation 
to  the  state  in  general,  we  may  observe,  that  they 
formed  independent  corporations,  and  had  each 
their  several  magistrates,  landed  and  other  pro> 
perty,  with  a  common  treasury.  They  had  like- 
wise their  respective  convocations  convened  by  the 
J)eman^  (fiiiiapxoi)^  in  which  wag  tianncted 


.     DEMUS. 

the  public  business  of  the  demoa, 
ing  of  its  estates,  the  electiona  of 
vision  of  the  registers  or  lists  of  Ik 
and  the  admission  of  new  memben 
Moreover,  each  demus  appears  to 
was  called  a  viya^  iKicXn<ruurruc6 
Demotae  who  were  entitled  to  to 
assemblies  of  the  whole  people, 
point  of  view,  they  supplanted  tl 
ries  **  of  the  four  tribes,  each  demi 
to  famish  to  the  state  a  certain  < 
and  contingent  of  troops,  whei 
Independent  of  these  bonds  of  mi 
seems  to  have  had  its  peculiar  u 
gious  worship  (8i|/ioruca  UptL,  Pai 
viiL  108),  Uie  officiating  priests 
chosen  by  the  Demotae  ( Dem.  e. . 
so  that  both  in  a  civil  and  religiou 
the  demi  appear  as  minor  comman 
gistrates,  moreover,  were  obliged 
ioKifuuria,  in  the  same  way  as  th 
of  the  whole  state.  But  besides 
such  as  demarehs  and  treasurers  ( 
by  each  parish,  we  also  read  of  ji 
called  StKcurrol  Kork  8^fu»v5 :  the 
officers,  originally  thirty,  was  afitei 
to  forty,  and  it  appears  that  the 
through  the  different  districts,  to  at 
in  all  cases  where  the  matter  in 
more  than  ten  drachmae  in  value, 
questions  being  reserved  for  the  Bia 
walcker,  p.  37.) 

On  the  first  institution  of  the  d( 
increased  the  strength  of  the  S^/Aor 
by  nuking  many  new  citizens,  am 
said  to  have  been  included  not  on] 
resident  foreigners,  but  also  slave 
iii.  1.)*  Now  admission  into  a  d( 
sary,  before  any  individual  could 
full  rights  and  privileges  as  an  At 
though  in  the  first  instance,  every  t 
in  the  register  of  the  demus  in  wh 
and  residence  lay,  this  relation  did 
hold  with  all  the  Demotae  ;  for  i 
registered  in  the  demus  of  his  rt 
father,  and  the  former  might  chang 
it  would  often  happen  that  the 
demus  did  not  all  reside  in  it. 
not  cause  any  inconvenience,  sine 
of  each  demus  were  not  held  withL 
at  Athens.  (Dem.  e.  Ewind.  p.  13 
however,  could  purchase  property  ) 
demus  to  which  he  did  not  himsdf 
paying  to  the  demarehs  a  fee  for  t 
doing  so  {^imtriK6v\  which  w< 
go  to  the  treasury  of  the  demus. 
Boon,  o/AtAe$u,  p.  297,  2nd  ed.) 

Two  of  the  most  important  fr 
general  assemblies  of  the  demi,  « 
sion  of  new  membos  and  the  i 
names  of  members  already  admitte< 
of  enrolment  was  called  Xif(iaf>x«c^ 
because  any  person  whose  name  w 
it  could  enter  upon  an  inheritanc 


*  IloXXo^r  itpuKdrtvat  (4rovs 
/iCToUovr.  This  passsge  has  give 
dispute,  and  has  b«en  considered  I 
to  afford  no  sense  ;  but  no  emends 
been  proposed  is  better  than  the  rec 
Qrote,  History  ^fGrmot^  toL  iv.  p^ 


i 


J)ENARIUS. 
paiximaBf,  iSbt  erpicnkm  for  whkli  in  Attte 
Gxceic  WW  -His  a4(m«  *PX«»:  Aayx^"'  lt\npo^ 
bcui^  qnhaknt  to  the  Romaii  phrase  adir$  hen- 
4'i'^r^  These  rqpsten  were  kept  bj  the  de- 
oarc&i,  vho,  vhh  &  approbation  of  the  niemben 
of  tbe  deswf  ueemUed  in  ^nenl  meeting,  in- 
fifTted  ir  eiaied  names  accordmg  to  circnmstancea. 
Thflo^  wbcB  i  yoath  was  proposed  for  enrolment, 
it  was  canpetent  fiar  any  demote  to  object  to  his 
admiasioD  oo  the  groimd  of  illegitimacy,  or  non- 
ritiaessli^  by  the  side  of  either  parent  The 
Dtmutac  decided  oo  the  Talidity  of  these  objeo 
t<as  BDder  the  sanction  of  an  oath,  and  the  ques- 
Qge  was detennined  by  amajorhy  of  Totes.  (Dent 
e.  .£«&.  pi  1318.)  The  Hune  process  was  obaenred 
w^en  a  dtizen  changed  his  demns  in  consequence 
c^  adj^itMn.  (Isaeos,  De  ApoU.  Hend,  p.  66.  17.) 
SometiflMS,  however,  a  donarch  was  bribed  to 
^bee,  cr  asiist  in  {dacing,  on  the  register  of  a 
deisQSy  perssos  who  had  no  claim  to  citizenship. 
<Oesiio6tLe.Z«Dei.pwl09].)  To  remedy  this  ad- 
-B^asaaa  <tf  qnrioos  citizens  (wopeyTpavroi)  the 
ks^r^^iffts  was  instituted.  [Diapsbphisis.] 
La^r,  croirns  and  other  honorary  distinctions 
codd  be  awarded  by  the  demi  in  the  same  way  mt 
hr  the  tribes.  (K.  F.  Hermann,  Grieck.  Siaats- 
ehaiL  §  111,  &c;  Wachsmuth,  ffelUn,  AUer- 
tftuidL  Td.  L  p.  544,  &C.,  2nd  ed. ;  Leake,  Ths 
Ikmi  of  Jttihck,  London,  1841,  2nd  ed.;  Ross, 
Du  Demum  tos  AitHa.)  [R.  W.J 

DENA'RIUS,  the  principal  silver  coin  among 
tiw  Rocoans,  was  so  called  becaose  it  was  originally 
^](ul  so  iok  asses  ;  but  on  the  reduction  of  the 
Tright  of  the  as  [As],  it  was  made  equal  to  six- 
t^eo  asses,  except  in  nulitaiy  pay,  in  which  it  was 
i^ill  reckoned  as  equal  to  ten  asse&  (Plin.  H.N, 
xxxiiL  13.)  The  denarius  was  first  coined  five 
jan  belbre  the  first  Punic  war,  B.  c  269.  [Ar- 
GEvniiL]  There  were  originally  84  denarii  to  a 
pooad  (Plin.^.  N.  xxxiil  46  ;  Celsus,  v.  17.  §  IX 
kt  sobsequenUy  96.  At  what  time  this  reduction 
w  made  in  the  weight  of  the  denarius  is  uncertain, 
as  it  is  not  mentioned  in  history.  Some  have  con- 
jectured that  it  was  completed  in  Nero^s  reign ;  and 
Mr.Hoiwy  (Ameni  Weighit^  &a  p.  137)  justly 
naasrka,  that  Suetonius  {JmI.  54)  proves  that  84 
d«iitrii  went  still  to  the  pound,  about  the  year  && 
50 ;  iioce  if  we  reckon  96  to  the  pound,  the  pro- 
portioD  of  the  value  of  gold  to  silver  is  7*8  to  1, 
*^idi  u  mcredibly  low  ;  while  the  Talue  on  the 
«ti)i!r  mppositioa,  8*9  to  1,  is  more  probable.  Com- 
pM«  Argintum. 

Mr.  Hossey  calculates  the  aTerage  weight  of  the 
daarii  coined  at  the  end  of  the  commonwealth 
at  60  grains,  and  those  under  the  empire  at  52*5 
grans.  If  we  deduct,  as  the  average,  ^  of  the 
vei^ht  for  alloy,  from  the  denarii  of  the  common- 
»ealtl^  there  will  remain  58  grains  of  pure  silver  j 
nd  MDoe  the  shilling  contains  80*7  grains  of  pure 

58 
hItct,  the  value  of  the  best  denarii  will  be  ^^7= 

of  a  ihllling,  or  8*6245  pence  ;  which  may  be 
Kckoned  m  round  numbers  8^.  If  the  same 
»«^  of  reckoning  be  applied  to  the  later 
^^arias,  iti  value  will  be  about  7*5  pence,  or  1\d, 
(Hw«y.pp,l4l,  142.) 

Tbe  Roman  coins  of  silver  went  at  one  time  as 
V>T  down  81  the  fortieth  part  of  the  denarius,  the 
^*"|W5M-  They  were,  the  qmrntrnu  or  half  de- 
°^  the  mlertxm  or  quarter  denarius  [Sbstbr- 
'^^L  thetteUa  or  tenth  of  the  denarius  (equal  to 


DENARIUS. 


893 


BRITiaH   MU8SV1C.      ACTUAL 
6(H  OILAfNib 


WXIOBT 


BRITUH   MCSSUlf.      ACTUAL   8ZZK.      WUOHT 
58*5  GRAINS. 

the  asX  the  mmbeOa  or  half  libella,  and  the  Unm- 
dus  or  quarter  libella. 

The  quinarius  was  also  called  victoriahu  (Cic. 
Pro  Font.  5),  firom  the  impression  of  a  figure  of 
Victory  which  it  bore.  Pliny  {H.N.  xxxiiu  13) 
says  that  victoriati  were  first  coined  at  Rome  in 
pursuance  of  the  lex  Clodia  ;  and  that  previous  to 
that  time,  they  were  imported  as  an  article  of  trade 
firom  Illyria.  The  Clodius,  who  proposed  this  law, 
is  supposed  to  have  been  the  person  who  obtained 
a  triumph  for  his  victories  in  Istria,  whence  he 
brought  home  a  large  sum  of  money  (Li v.  xlL  13); 
which  would  fix  the  first  coinage  of  the  victoriati 
at  Rome,  n.  c.  177  ;  that  is,  92  years  after  the  first 
silver  coinage. 

If  the  denarius  weighed  60  grains,  the  teruncius 
would  only  have  weighed  1^  gr. ;  which  would 
have  been  so  small  a  coin,  that  some  have  doubted 
whether  it  was  ever  coined  in  silver  ;  for  we 
know  that  it  was  coined  in  copper.  [Aa]  But 
Varro  {DeLing.  Lat  v.  174,  ed.  MUller)  names  it 
among  the  silver  coins  with  the  libella  and  sem- 
bella.  It  is,  however,  improbable  tliat  the  tenin- 
cius  continued  to  be  coined  in  silver  after  the  as 
had  been  reduced  to  i^^  of  the  denarius ;  for 
then  the  teruncius  would  have  been  ^th  of  the 
denarius,  whereas  Varro  only  descrilMss  it  as  a 
subdivision  of  libella,  when  the  latter  was  <|^th  of 
the  denarius.  In  the  time  of  Cicero,  the  libella 
appears  to  have  been  the  smallest  silver  coin  in  use 
(Cic  Pro.  Ro$e.  Com.  c.  4)  ;  and  it  is  frequently 
used,  not  merely  to  express  a  silver  coin  equal  to 
the  as,  but  any  very  small  sum.  (Plant.  Cat.  ii.  5. 
7,  Capt.  T.  1.  27.)  Gronovius  (De  Sestertiis^  u.  2), 
however,  maintains  that  there  was  no  such  coin  as 
the  libella  when  Varro  wrote  ;  but  that  the  word 
was  used  to  signify  the  tenth  part  of  a  sestertius. 
No  specimens  of  the  libella  are  now  found. 

If  the  denarius  be  reckoned  in  value  8^.,  the 
other  coins  which  have  been  mentioned,  will  be  o( 
the  following  value :  — 

Teruncius    .... 
Sembella      .... 

Libella 

Sestertius    .... 
Quinarius  or  Victoriatus 
Denarius     .... 

It  has  been  frequently  stated  that  the  denarioi. 


Pence 

Farth. 

•531*25 

10625 

2-125 

2 

■5 

4 

1 

8 

2 

331 


DEPOSITUM, 


II  equal  in  Talue  to  the  drachma  ;  but  this  is  not 
quite  correct  The  Attic  drachnui  was  almost 
eqtial  to  9jd.^  whereas  we  have  seen  that  the 
dexiMiUB  was  but  little  above  8^.  The  later 
drachmae,  however,  appear  to  have  fallen  off  in 
-u'tiight ;  and  there  can  be  no  doubt  that  they  were 
nt  one  time  nearly  enough  equal  to  pass  for  equal 
((irqnovius  has  given  all  the  authorities  upon  the 
subject  in  his  D0  SestertiU  (ill  2). 

The  earliest  denarii  have  usually,  on  the  ob- 
vcrie,  the  head  of  Rome  with  a  helmet,  the 
Dioacuri,  or  the  head  of  Jupiter.  Many  have,  on 
the  reverse,  chariots  drawn  by  two  or  four  horses 
{hi^&,  quadrigae),  whence  they  are  called  respect- 
ively if^ti'andquadrigati,  sc  nummi,  [Bioatus.] 
Somo  denarii  were  called  serrati  (Tacit  Germ,  5), 
because  their  edges  were  notched  like  a  saw,  which 
appcnrs  to  have  been  done  to  prove  that  they  were 
jinlid  silver,  and  not  plated.  Many  of  the  gentile 
diinarii,  as  those  of  the  Aelian,  Calpumian,  Pa- 
pin  ian,  Tullian,  and  numerous  other  gentes,  are 
marked  with  the  numeral  X,  in  order  to  show 
tbcir  value. 

Pliny  (H.  N.  xxxiiL  13)  speaks  of  the  denariui 
aarem,  Gronovius  (De  Sester.  iiL  15)  says,  that 
this  coin  was  never  struck  at  Home  ;  but  there  is 
Qtie  of  Augustus  in  the  British  Museum,  weighing 
60  grains,  and  others  of  less  weight  The  average 
wi^ight  of  the  common  aureus  was  120  grains. 
[AcauM.]  In  later  times,  a  copper  coin  was 
called  denarius.  (Ducange,  $.  v.  D^riuM,) 

DENICA'LES  FE'RIAE.    [Feriak.] 

DENTA'LE.     [Aratrum.] 

DENTIFRl'CIUM  (i«ovT<JTpiM/ua),  dentrifice 
or  ttoth-powder,  appears  to  have  been  skilfully 
prepared  and  generally  used  among  the  Romans. 
A  variety  of  substances,  such  as  the  bones,  hoofs, 
and  horns  of  certain  animals,  crabs,  egg-shells,  and 
the  Ahells  of  the  oyster  and  the  murex,  constituted 
tTie  ttasis  of  the  preparation.  Having  been  pre- 
\i4iualy  burnt,  and  sometimes  mixed  with  honey, 
tfii^y  were  reduced  to  a  fine  powder.  Though 
fiviicy  and  superstition  often  directed  the  choice  of 
thciae  ingredients,  the  addition  of  astringents,  such 
a!<  myrrh,  or  of  nitre  and  of  hartshorn  ground  in  a 
TuLw  state,  indicates  science  which  was  the  result  of 
i-?cpcricnce,  the  intention  being  not  only  to  clean 
ih&  teeth  and  to  render  them  white,  but  also  to  fix 
thorn  when  loose,  to  strengthen  the  gums,  and  to 
nssuoge  tooth-ache.  (Plin.  H.  N.  xxviii.  49,  xxxl 
'U\^  ixxiL  21,  26.)  Pounded  pumice  was  a  more 
rliiblous  article,  though  Pliny  (xxxvi.  42)  says, 
''  Utilissima  fiunt  ex  his  denttfricia."      [J.  Y.J 

DEPENSI  ACTIO.     [Intbrcessio.] 

DEPORTA'TIO.     [Exsilium.] 

DEPO'SITI  ACTIO.    [Depositum.] 

DEPO'SITUM.  The  notion  of  depositum  is 
\hlMi  a  moveable  thing  is  given  by  one  man  to 
nn  other  to  keep  until  it  is  demanded  back,  and 
without  any  reward  for  the  trouble  of  keeping  it 
The  party  who  makes  the  depositum  is  called  de- 
fiijrteiig  or  depositor,  and  he  who  receives  the  thing 
iH  called  depoeitarius.  The  act  of  deposit  may  be 
purely  voluntary  ;  or  it  may  bo  from  necessity,  as 
ill  the  case  of  fire,  shipwreck,  or  other  casualty. 
Thd  depositarius  is  bound  to  take  care  of  the 
thing  which  he  has  consented  to  receive.  He  can- 
nux  use  the  thing  unless  he  has  permission  to  use 
It  either  by  express  words  or  by  necessaiy  im- 
plication. If  the  thing  is  one  ^  quae  usu  non  con- 
iumitur,**  and  it  is  given. to  a. person  to  be  used, 


DESULTOR- 

the  transaction  becomes  a  case  of  1 
ductio  [LocATio],  if  money  is  to  1 
use  of  it ;  or  a  case  of  comxnodatui 
tum],  if  nothing  is  to  be  paid  for 
bag  of  money  not  sealed  up  is  the 
depositum,  and  the  depositarius  at 
for  permission  to  use  it,  the  money 
[Mutuum]  from  the  time  when 
is  granted  ;  if  the  depimens  proffers 
money,  it  becomes  a  loan  frooi  the 
depositarius  begins  to  use  it  (Dig. 
§  9,  s.  10.)  If  money  is  deposited  wil 
that  the  same  amoimt  be  returned, 
tacitly  given.  If  the  depositum  ooni 
depositimi,  the  depositarius  is  bonne 
any  damage  to  it  which  happens  th 
culpa  lata  ;  and  he  is  bound  to  res 
on  demand  to  the  deponens,  or  to 
whom  the  deponens.  orders  it  to  b< 
several  persons  had  received  the  dep 
severally  liable  for  the  whole  (in  at 
remedy  of  the  deponens  against  the  < 
by  an  actio  depositi  directs.  The 
entitled  to  be  secured  against  all  < 
he  may  have  sustained  through  an] 
part  of  the  deponens,  and  to  all  costi 
incurred  by  his  chaige ;  and  his  n 
the  deponens  is  by  an  actio  depc 
The  actio  was  in  duplum,  if  the  dep 
from  necessity ;  if  the  depositarius 
dolus,  infamia  viras  a  consequence.  ( 
(15) ;  Cod.  4.  tit  34  ;  Dig.  16.  tit  3 
I  10  ;  Juv.  Sat.  xiu.  60  ;  Dirksen,  I 
p.  597 ;  Thibaut,  System^  &c  §  ' 
ed.) 

DESERTOR,  is  defined  by  Moc 
one  **  qui  per  proliximi  tempus  vagati 
and  differs  from  an  emaneor,  *^  qui  d 
castra  egreditur.**  (Dig.  49.  tit  16. 
who  deserted  in  time  of  peace,  were 
loss  of  rank,  corporal  chastisement,  fii 
ous  dismission  firom  the  service,  &c. 
left  the  standards  in  time  of  war 
punished  with  death.  The  tran^iipm 
to  the  enemy,  when  taken,  were  » 
prived  of  their  hands  or  feet  (Liv.  3 
generally  were  put  to  death.  (Lipsi 
Rom.  iv.  4.) 
DESIGNATOR.  [Funus.] 
DESMOTE'RION  {itfffiteriipioy) 
DESPOSIONAUTAE  (««<nro<rio 

VITAS.] 

DESULTOR  (i»o§<4T7j$,  fura 
rally  **  one  who  leaps  off,**  vww  appl 
son  who  rode  several  horses  or  cha 
from  one  to  the  other.  As  early  as 
times,  we  find  the  description  of  a  ma 
four  horses  abreast  at  full  gallop,  ai 
one  to  another,  amidst  a  crowd  of  a 
tators.  (//.  XV.  679—684.)  In  the 
Roman  circus  this  sport  was  also 
The  Roman  desultor  generally  ro< 
horses  at  the  same  time,  sitting  on  tb 
saddle,  and  vaulting  upon  either  of 
pleasure.  (Isid.  Orig.  xviiL  39.)  He 
cap  made  of  felt  The  taste  for  these 
carried  to  so  great  an  extent,  that  } 
the  highest  rank  not  only  drove  big) 
rigae  in  the  circus,  but  exhibited  t 
horsemanship.  (Suet  JuL  39.)  Am 
tionj  this    t^ecies  of  equestrian  d 


i 


DIADEMA. 

tpptied  to  tbe  porpoaes  of  war.  Liry  mentions  a 
ooep  Off  bone  in  the  Numidian  annj,  in  which 
eaxik  soJdier  was  supplied  with  a  couple  of  horses, 
sad  io  the  heat  of  battle^  and  when  dad  in  ar- 
BMo;  wobM  leap  with  the  greatest  ease  and  cele- 
rity ftom  that  which  was  wearied  or  disabled  upon 
the  back  of  Uie  hone  which  was  still  sound  and 
tesk.  (xziiL  29X  The  Scjrthians,  Armenians,  and 
ysae  of  the  It«ii^Tt«^  were  skilled  in  the  same  art. 
The  annexed  woodcut  shows  three  figures  of 
^rsoltocea,  one  from  a  branie  lamp,  published  by 
Bart^  (Atdieim  Lmxrm  Sepolerali,  i  24),  the 
oben  fron  eoinsL  In  all  these  the  rider  wears  a 
pileos,  or  eap  of  fdt,  and  his  horse  is  without  a 
t^idiic  ;  hot  these  examples  prove  that  he  had  the 
mi  both  of  the  whip  and  the  rein.  On  the  coins 
we  also  oheerre  the  wreath  and  palm-branch  as 
esA^ns  of  vktory.  [J.  Y.] 


DIAETETICA. 


SdS 


DETESTATIO  SACRORUM.    [Gensl] 
DHERSCyRIUM.    [Caufona.] 
I>EUNX.    [Aa,  p.  140,  b  ;  Lima.] 
DEXTANS.    [As.  p.  140.  b  ;  Libra.] 
DIABATE  RIA  (Sio^or^Ma),  a  sacrifice  of- 
&tcd  to  ZeoA  and  Athena  by  the  kings  of  Sparta, 
°PQD  passing  the  frontiers  of  Lacedaemon  with 
the  cQanaaod  of  an  army.     If  the  yictims  were 
^n&roonUe,  they  disbanded  the  army  and  re- 
timed home.    (Xen.  De  Rep,  Lac  zi  2 ;  Thuc 
^54,55,116.) 

DIADE'MA  (SuiSivia),  a  white  fillet  used  to 
^aciicie  the  head  (Jiueia  al&a^  VaL  Max.  rl  2. 
§  0-  The  indention  of  this  ornament  is  by  Pliny 
vrii.  57)  attributed  to  **  Liber  Pater."*  Diodorus 
:»ciihis  adds  (it.  p.  250,  Weasel.),  that  he  wore  it 
to  Mnage  headache,  the  consequence  of  indulgence 
°)  vine.  Aceordingly,  in  works  of  ancient  art,  Dio- 
njios  wean  a  plain  bandage  on  his  head,  as  diown 
ia  the  cut  under  Cakthakus.  The  decoration 
ii  pnperiy  OrientaL  It  is  commonly  represented 
•D  the  heads  of  Eastern  monarchs.  Justin  (xil  3) 
relates  that  Alexander  the  Great  adopted  the  Urge 
iiadem  of  the  kings  of  Penia,  the  ends  of  which 
M  opoB  the  shoulders,  and  that  this  mark  of  roy- 
alty  vss  preserred  by  his  successors.  Antony 
rnmti  it  in  his  luxuiiooi  interooiuie  wilb  Cleo- 


patra in  Egypt  (Florus,  ir.  11.)  AcJian  sajrs 
(  V.  H.  yl  38)  that  the  kings  of  that  country  had 
the  figure  of  an  asp  upon  their  diadems.  In  pro- 
cess of  time  the  sculpton  placed  the  diadema 
on  the  head  of  Zeus,  and  various  other  divinities 
besides  Dionysus ;  and  it  was  also  graduaDy  as- 
sumed by  the  sovereigns  of  the  Western  worid. 
It  was  tied  behind  in  a  bow ;  whence  Tacitus 
(Anm,  tL  37)  speaks  of  the  Euphrates  rising  in 
waves  **  white  with  foam,  so  as  to  resemble  a  dia- 
dem.^ By  the  addition  of  gold  and  gems,  and  by 
a  continual  increase  in  richness,  sise,  and  splen- 
dour, this  bandage  was  at  length  converted  into 
the  crown  which  has  been  for  many  centuries  the 
badge  of  sovereignty  in  modem  Europe.    [J.  Y.] 

DIADICA'SIA  (ptaBucaaia\  in  iu  most  ex- 
tended sense  is  a  mere  synonym  of  9Uni :  techni- 
cally, it  denotes  the  proceedings  in  a  contest  for 
preference  between  two  or  more  rival  parties  ;  as, 
for  instance,  in  the  case  of  several  claiming  to 
succeed  as  hein  or  legatees  to  the  estate  of  a  de- 
ceased  person.  Upon  an  occasion  of  this  kind,  it 
will  be  observed  that,  as  all  the  claimants  are 
similarly  situated  with  respect  to  the  subject  of 
dispute,  the  ordinair  classification  of  the  litigants 
as  plaintifib  and  defendants  becomes  no  longer  ap> 
plicable.  This,  in  fact,  is  the  essential  distinction 
between  the  proceedings  in  question  and  all  other 
suits  in  whicn  the  parties  appear  as  immediately 
opposed  to  each  other ;  but  as  far  as  forms  are  con- 
cerned, we  are  not  told  that  they  were  peculiarly 
characterised.  Besides  the  case  above  mentioned, 
there  are  several  othen  to  be  classed  with  it  in 
respect  of  the  object  of  proceedings  beinff  an  ab- 
solute acquisition  of  property,  .^ong  these  are 
to  be  reckoned  the  claims  of  private  crediton  upon 
a  confiscated  estate,  and  the  contests  between  in- 
formen  claiming  rewards  proposed  by  the  state  for 
the  discovery  of  crimes,  &c.,  as  upon  the  occasion 
of  the  mutilation  of  the  Hermae  (Andoc  14)  and 
the  like.  The  other  class  of  causes  included  under 
the  general  term  consists  of  cases  like  the  antidosis 
of  the  trieiarchs  [Antidosis],  contests  9»  to  who 
was  to  be  held  responsible  to  the  state  fat  public 
property  alleged  to  have  been  transferred  on  one 
hand  and  denied  on  the  other  (as  in  Dem.  «. 
Everg.  et  Afuet,\  and  questions  as  to  who  should 
undertake  a  choregia,  and  many  others,  in  which 
exemptions  from  personal  at  pecuniary  liabilities 
to  the  state  were  the  subject  of  claim  by  rival 
parties.  In  a  diadicasia,  as  in  an  ordinary  ^^mi, 
the  proper  cotirt,  the  presiding  magistrate,  and  the 
expenses  of  the  trial,  mainly  depended  upon  the 
peculiar  object  of  the  proceedings,  and  present  no 
leading  characteristics  for  disoission  under  the 
general  term.  (Platner,  Praeeu  umd  Klagem,  ii 
P.17.S.9.)     [DiK».]  [J.aM.] 

DIADOSEIS  (8io8<{<rcir.)    [Dianomak.] 

DIAETA.    [DOMU&] 

DIAETETICA,  or  DIAETE'TICE  (Jiomf- 
rucfi),  one  of  the  principal  branches  into  which 
the  ancients  divided  the  art  and  science  of  medi- 
cine. [Mbdicina.]  The  word  is  derived  firom 
9latra,  which  meant  much  the  same  as  our  word 
diet.  It  is  defined  by  Celsus  {De  Medic  Pnie&t. 
in  lib.  L)  to  signify  that  part  of  medicine  quae 
violu  nudeiur^  **  which  cures  diseases  by  means  of 
regimen  and  diet  ;^  and  a  similar  ex|^anation  is 
given  by  PUto  (<n>.  Diog.  Laltri.  iiL  1.  §  85.) 
Taken  strictly  in  this  sense,  it  would  correspond 
veiy  nearly  with  the  modem  dieUiic$^9xA  this  i% 


tse 


DIAETETICA. 


the  meaning  vbich  it  always  bean  in  the  earlier 
tnedical  writen,  and  that  which  will  be  adhered 
to  in  the  present  article  ;  in  some  of  the  later  au- 
thors, it  seems  to  comprehend  Celsus^s  second  grand 
division,  Pharmaeeuiica^  and  is  used  by  Scribonius 
Laigus  {De  Compos.  Medicam.  §  200)  simply  in 
opposition  to  chirurffia,  so  as  to  answer  exactly  to 
the  province  of  our  pkynaan. 

No  attention  seems  to  have  been  paid  to  this 
branch  of  medicine  before  the  date  of  Hippo- 
crates. Homer  represents  Machaon,  who  had  been 
"Hounded  in  the  shoulder  by  an  arrow  (IL  xl  507) 
and  forced  to  quit  the  field,  as  taking  a  draught 
composed  of  wine,  goat^s-milk  cheese,  and  flour 
{ifjtd.  638),  which  certainly  no  modem  surgeon 
would  prescribe  in  such  a  case.  (See  Plat  De 
lispubL  iii  pp.  405,  406  ;  Max.  Tyr.  Serm.  29  ; 
A  then.  I  p.  10.)  Hippocrates  seems  to  claim  for 
himself  the  credit  of  being  the  first  person  who 
bad  studied  this  subject,  and  says  that  ^  the  an- 
cients had  written  nothing  on  it  worth  mention- 
ing»'  {De  Rat.  VicL  m  Mori.  Aeut.  voL  ii.  p.  26, 
vd.  Ktihn).  Among  the  works  commonly  ascribed 
Ui  Hippocrates,  there  are  four  that  bear  upon  this 
subject  It  would  be  out  of  place  here  to  attempt 
any  thing  like  a  complete  account  of  the  opinions 
of  the  ancients  on  this  point ;  those  who  wish  for 
more  detailed  information  must  be  referred  to  the 
different  works  on  medical  antiquities,  while  in 
this  article  mention  is  made  of  only  such  parti- 
culars as  may  be  supposed  to  have  some  interest 
for  the  general  reader. 

In  the  works  of  Hippocrates  and  his  successors 
almost  all  the  articles  of  food  used  by  the  ancients 
aro  mentioned,  and  their  real  or  supposed  pro- 
pdfties  discussed,  sometimes  quite  as  fancifully  as 
by  Burton  in  his  Anatomy  of  Melancholy.  In 
some  respects  they  appear  to  have  been  much  less 
delicate  in  their  tastes  than  the  modems,  as  we 
find  the  flesh  of  the  fox,  the  dog,  the  horse,  and 
tht)  ass  spoken  of  as  common  articles  of  food. 
{Pseudo-Hippocr.  De  Vict.  Rat.  lib.  ii.  vol.  L  pp. 
679,  680.)  With  regard  to  the  quantity  of  wine 
diimk  by  the  ancients,  we  may  arrive  at  some- 
thing like  certainty  from  the  fact  that  Caclius 
Aiirelianus  mentions  it  as  something  extraordinary 
that  the  fitmous  Asclepiades  at  Rome  in  the  first 
century  b.c,  sometimes  ordered  his  patients  to 
double  and  treble  the  quantity  of  wine,  till  at  last 
they  drank  half  wine  and  half  water  {De  Morb, 
O row.  lib.  iil  c,  7.  p.  386),  from  which  it  appears 
tbat  wine  was  commonly  diluted  with  five  or  six 
times  its  quantity  of  water.  Hippocrates  recom- 
mends wine  to  be  mixed  with  an  equal  quantity 
<^f  water,  and  Oalen  approves  of  the  proportion  ; 
but  Le  Clerc  {Hist  de  la  Med.)  thinks  that  this 
was  only  in  particular  cases.  In  one  place 
(Pseudo-Hippocr.  De  Vict.  Rat.  lib.  iiL  t»  fin.) 
iht5  patient,  after  great  fatigue,  is  recommended 
/tc9v(r(^vai  Sira{  ^  8(5,  in  which  passage  it  has  been 
much  doubted  whether  actual  intoxication  is  meant, 
or  only  the  **  drinking  freely  and  to  cheerfulness,** 
in  which  sense  the  same  word  is  used  by  St  John 
<ii.  10)  and  the  LXX.  {Gen,  xliiL  34  ;  Cant.  v. 
1  ;  and  perhaps  Gen.  ix.  21).  According  to  Hip- 
picrates,  the  {^portions  in  which  wine  and  water 
should  be  mixed  together,  vary  according  to  the 
i<^Ason  of  the  year ;  for  instance,  in  summer  the 
wine  should  be  most  diluted,  and  in  winter  the 
least  so.  (Compare  Celsus,  De  Medic,  i.  3.  p.  31. 
«d.  Argent)    £xercite  of  various  sorts,  and  bafch- 


DIAETETAK. 

log,  are  also  much  insisted  upon  by 
diet  and  regimen ;  but  for  further 
these  subjects  the  articles  Bai.nba] 
siuir  must  be  consulted.  It  may 
added  that  the  bath  could  not  hia 
common,  at  least  in  private  fiuniliea, 
Hippocrates,  as  he  says  (Z>9  Hal.  i 
Acut.  p.  62)  that  **  there  are  few  h< 
the  necessary  oonveniences  are  to  be 

Another  very  fiivourite  practice 
cients,  both  as  a  preventive  of  sick 
remedy,  was  the  taking  of  an  emeti 
time.  The  author  of  the  treatiae  J 
Hone,  falsely  attributed  to  Hippm 
mends  it  two  or  three  times  a  mor 
710).  Celsus  considers  it  more  be 
winter  than  in  the  summer  {De  Medi 
and  says  that  those  who  take  an  e 
month  had  better  do  so  on  two  sc 
than  once  a  fortnight  {Ibid.  p.  29). 
in  which  Celsus  wrote,  this  practice 
monly  abused,  that  Asdepiadea,  in 
Sanitate  Tvenda^  rejected  the  nae  of 
gether,  "  Offensus,"*  says  Celaaa  ( 
**  eorum  consnetudine,  qui  quotidie 
randi  fiuniltatem  moliuntur.^  (Se 
H.  N.  xxvi.  8.)  It  was  the  custoi 
Romans  to  take  an  emetic  immediate!, 
meals,  in  order  to  prepare  themselvei 
plentifully  ;  and  again  soon  after,  w 
any  injury  from  repletion.  Cicero,  h 
of  the  day  that  Caesar  spent  with 
house  in  the  country  {ad  Att.  xiiL  52) 
cubuit,  dfitruciip  agebat,  itaque  et  < 
aHf&s  et  jucunde  ;^  and  this  seems  ^ 
considered  a  sort  of  compliment  paid 
his  host,  as  it  intimated  a  resolution 
day  cheerfully,  and  to  eat  and  drink 
him.  He  is  represented  as  having  d( 
thing  when  he  was  entertained  by  Ki 
(Cic.  Pro  Deiot.  c.  7).  The  ^utton 
said  to  have  preserved  his  own  life 
emetics,  while  he  destroyed  all  his 
who  did  not  use  the  same  precaution  { 
c  13  ;  Dion  Cass.  Ixv.  2),  so  that  0 
who  was  prevented  by  illness  finom 
him  for  a  few  days,  said,  **■  I  shov 
have  been  dead  if  I  had  not  fallen  si 
women,  afier  bathing  before  supper,  u 
wine  and  throw  it  up  again  to  sharp 
petite  — 

[Falemi]  "  sextarins  a] 
Ducitur  ante  cibum,  rabidam  fiicturus  < 
Juv.  Sat.  vi 
so  that  it  might  truly  be  said,  in  the 
guage  of  Seneca  {Cons,  ad  Heh.  9.%  10, 
ut  edant ;  edunt,  ut  vomant^  (Com] 
De  Provid.  c  4.  §  11,  JE^.  95. 
some,  the  practice  was  thought  so  < 
strengthening  the  constitution,  that 
constant  regimen  of  all  the  athletae, 
wrestlers,  trained  for  the  public  sho^ 
to  make  them  more  robust  Olsn 
{L  c.  p.  28),  warns  his  readers  agaii 
frequent  use  of  emetics  without  ae 
merely  for  luxury  and  gluttony,  am 
no  one  who  has  any  regard  for  his 
wishes  to  live  to  old  age,  ought  to  mal 
practice.  {} 

DIAETE'TAE    («ioinrrol),  arbit 
pixel.    The  diaetetae  mentioned  by  tl 


^ 


DIAETETAE. 
maim,  ven  of  tvo  kinds ;  tbe  one  jnWe  and 
a^noited  bj  lot  (c^iupwrW),  tlie  other  priTate  and 
ch-jccfl  (aiptraS)  hj  the  parties  who  referred  to 
:k3  this  deeisioiii  of  a  dupated  point,  instead  of 
txrmf[  it  belore  a  coort  of  justice  ;  the  judgments 
rf  both,  aenfdiqg  to  Anrtotle,  beiiv  founded  on 
«<;i:t7  lather  tban  Imw  (^  jitp  9uunfriis  rh 
hntmts  4fi,  6  9k  Sucoor^  rSir  wi/aor^  Rhetor,  i. 
13).  We  thall,  in  the  first  place,  treat  of  the 
pa^  diacCetae,  loBowiDg  u  doselj  as  poesiUe 
t}i£  order  aad  statenaeDts  of  Hndtwalcker  in  his 
tTotiie  **Ueber  die  fi&ntlichen  vnd  PriTat- 
Scliiedsickter  Diltetan  in  Athen,  and  den  Process 


Acoordiog  to  Soidas  {$,  v.)»  the  public  Diaetetae 
vere  nqidied  to  be  not  leas  than  50  years  of  age  ; 
aceording  to  PoUnx  (TiiL  126)  and  Heajchina,  not 
ic»  than  €0.  With  respect  to  their  number  there 
is  toot  diffienltj,  in  consequence  of  a  statement  of 
Ul^  (Demooth.  e.  MwL  p.  542.  15),  according 
to  vkich  it  «aa  440,  «.  e.  44  for  each  tribe, 
(ire  K  T990n^t  aol  Tc«r0«pd«oj>ra,  itaif  kxAmiP 
f^Vf).  This  nomber,  howeTcr,  appears  so  un- 
ztoamtHj  kise,  more  especially  when  it  is  con- 
nJered  that  t£e  Attic  oratoca  frequently  spe^  of 
cTihf  one  arbitiator  in  each  case,  that  some  writers 
bare,  with  good  reason,  supposed  the  reading 
ibfiold  be  —  ^tar  tt  rtcvapAKmrra^  r4<r<rap€s 
cLf.  At  any  rates,  litigiooa  as  the  Athenians 
were,  it  seeon  that  40  must  have  been  enough  for 
BUparposes. 

The  words  ns^  IjrdEimfF  ^X^,  imply  that  each 

tribe  bad  its  own  arbitmtor ;  an  inference  which  is 

KpKted  by  Demoetbenes  (c.  Ecerff.  ^  1 142.  25), 

vhere  be  speaka  of  the  arbitraton  of  the  Oeneid 

<ad  Ereetheid  tribes:  as  well  as  by  Lysias  (e. 

?wL  p.  731),  who,  in  the  words  wpoa-KXiiadfuros 

•vrhr  ipbff  Tohs  Tp  'ImtntOoMfriii  ^acdCorras^  is 

tk^  to  aHiide  to  the  Diaetetae  of  the  Hippo- 

tbooGtid  tribe.     With  regaxd  to  the  election  of 

these  officers,    it  is  doobtful  whether  they  were 

Aoam  by  the  memben  of  the  tribe  for  which  they 

tcjodjcated,  or  in  a  general  assembly  of  the  people. 

Hodtvalckcr  indines  to  the  latter  supposition,  as 

Woig  man  probable :  we  do  not  think  so  ;  for  it 

KciBsJBst  as  likely,  if  not  more  so,  that  the  four 

irbitntoD  of  each  tribe  were  chosen  in  an  asaem- 

^j  of  the  tribe  itsdt    Again,  whether  they  were 

sppoiiited  for  life,  or  only  for  a  definite  period,  is 

^^  expressly  mentioned  by  the  orators ;  but  as 

*ae  of  the  Athenian  magistrates,  with  the  exeep- 

tao  of  the  Aieiopagites,  remained  permanently  in 

«^aBd  Demoathenes  (cMeid.  p.  542. 15)  speaks 

of  the  last  ^y  of  the  1 1th  month  of  the  year  as 

kiag  the  last  day  of  the  Diaetetae  (i^  reXcvraia 

^Mps  rim  BMunyrMr),  it  seems  almost  certain  that 

^  veie  elected  for  a  year  only.    The  on?y  ob- 

jaetiDB  to  this  condiHion  arises  fitom  a  statement 

iBiftagmentaf  Isaens  (pi  361, ed.  Reiske),  where 

>o  aibnator  ia  spoken  of  as  bdng  engaged  on  a 

nit  far  two  yean  (Mo  fni  rov  huurriTov  r^y 

iunip  fxorros)  i  i^  howeyer)  we  admit  the  eon- 

jecnoil  reading  t«k  Siomrrdr,  the  meaning  would 

b«  in  aenrdanee  with  what  we  infer  from  other 


DIAETETAE,  BS7 

It  is  doubtfiil  whether  the  pnblie  Diaetetaa 
took  any  general  oath  before  entering  upon  their 
duties.  Such  a  guarantee  would  aecm  to  be  anne- 
cessary  ;  for  we  read  of  their  taking  oaths  previous 
to  giTing  judgment  in  the  parHemar  cases  which 


attbocities,  and  would  onl^  imply  that  the  same 
cttie  cane  before  the  arbitators  of  two  different 
Jtan,  a  case  which  might  not  unfreqoently  happen  ; 
i^  on  tbe  contiaiy,  the  reading  of  the  text  is  cor- 
Rct,«e  oast  suppose  that  it  was  sometimes  neces- 
■Tf « convenient  to  re-elect  an  arbitrator  for  the 
ieona  of  a  particular  case. 


came  bdora  them.  (Isaeua,  De  Dieatog,  Hered, 
p.  54  ;  Dem.  e.  CaB^,  pL  1244.)  From  this  dr- 
cumstanoe  we  should  infer  that  no  oath  was  ex- 
acted from  them  before  they  entered  upon  office : 
Hudtwalcker  is  of  a  contiary  opinion,  and  sug- 
gests that  the  puiport  of  their  oath  of  office  was 
the  same  as  that  of  the  Hdiastic  oath  given  by 
Demosthenes  (c  TTaioer,  p.  747). 

The  Diaetetae  of  the  different  tribes  appear  to 
have  sat  in  different  plaoes  ;  as  temples,  halls,  and 
courts  of  justice,  if  not  wanted  for  other  pniposea. 
Thoae  of  the  Oeneid  and  Erettheid  tribea  met  in 
the  heliaea  (Dem.  o.  £verp,  p,  1142.  25.)  ;  we 
read  of  otheia  holding  a  court  in  the  delphinium 
(&  Boeoi.  iL  p.  1011),  and  also  in  the  rroJk 
wouci\4  (e.  Si^  i.  p.  1106).  Aaain,  we  are  told 
of  slaves  bemg  examined  by  the  Diaetetae  sitting 
for  that  purpose,  under  the  appellation  of  fiavtuft^ 
oral  [Tormbiitum],  in  the  hephaistcium,  or 
temple  of  Posddon.  (Isoer.  Tptar^C  p.  361.  21,  ed, 
Bekker.)  Moreover,  we  are  told  of  private  arbi- 
trators meeting  in  the  temple  of  Atnena  on  tho 
Acropolis  ;  and,  if  the  amended  reading  of  Pollux 
(viii.  126)  is  correct,  we  are  informed  by  him,  in 
general  terms,  that  the  arbitrators  formeriy  held 
their  courts  in  the  temples  (Aijfr«r  4p  Upoii 
atUoi).  Harpocration  aJso  ($.  v.)  contrasts  the 
dicasta  with  the  arbitrators,  observing  that  the 
former  had  regulariy  i4>pointed  courts  of  justice 
(&ro3c8cryft^ra). 

Another  point  of  difference  was  the  mode  of 
payment,  inasmuch  as  the  dicasU  received  an 
allowance  from  the  state,  whereas  the  only  remu- 
neration of  the  Diaetetae  was  a  drachma  deposited 
as  a  vapdaraatf  by  the  comphiinant,  on  the  com- 
mencement of  the  suit,  the  same  sum  being  also 
paid  for  the  iurrmfuKria^  and  every  iwttfuxrla  sworn 
during  the  proceedings.  (Pdlux,  viii  39,  127  ; 
Harpocr.  «.  v.)  This  ira|MloTa^if  is  the  same  as 
the  SpaxM^  f^  \ftwQftaprvpiov  mentioned  by 
Demosthenes  (c  Tmoik,  p.  1190).  The  defendant 
in  this  case  had  fi^iled  to  give  evidence  as  he  ought 
to  have  done,  and  therefore  the  plaintiff  com- 
menced proceedings  against  him  for  this  neglect, 
before  the  arbitxators  in  the  prindpal  suit,  the 
firrt  step  of  which  was  the  payment  of  the  wapd" 
ffrturis. 

The  public  arbitraton  were  ^c^^vroi,  i,  e,  every 
one  who  had,  or  fended  he  had,  a  cause  of  com- 
plaint against  them  for  their  decisions,  might  pro- 
ceed against  them  by  •iaayy^Xloy  or  information 
laid  bdfore  the  senate.  For  this  purpose,  saya 
Ulpian,  whose  statement  is  confirmed  by  Demo- 
sthenes (e.  Meid.)  in  the  case  of  Stiaton,  the  public 
Diaetetae  were  towards  the  dose  of  their  year 
of  office^  and  during  the  latter  days  of  the  month 
Thaigelion,  required  to  present  thcmsdves  in  some 
fixed  place,  probably  near  the  senate-house,  that 
they  might  be  ready  to  answer  any  chaige  brought 
against  them,  of  which  they  received  a  previous 
notice.  The  punishment,  in  case  of  condemnation, 
was  atimioy  or  the  loss  of  dvic  rights.  Harpo- 
cration («.  e.),  however,  informs  us  that  the  davf- 
TcXk  against  the  arbitrators  was  brought  before 
the  dicasts  or  judges  of  the  regular  courta,  but  tbia 
probably  hi^pened  only  on  appeal,  or  in  caaea  ol 


3D8 


DIAETETAfi. 


great  importance,  inasmuch  as  the  fiovX^  could 
not  inflict  a  greater  penalty  than  a  fine  of  500 
drachmae  with  aHmia, 

As  to  the  extent  of  the  jurisdiction  of  the 
Diaetetae,  Pollux  (viii.  126)  states,  that  in  former 
times  no  suit  was  brought  into  a  court  before  it 
hitd  been  investigated  by  the  Diaetetae  {kAKoi 
ouBtfjda  Wmj  wp\p  M  ^latTtirits  4\$t7v  fltrffyero). 
There  can  be  but  little  doubt  that  the  word  iroXeu 
here  refers  to  a  time  which  was  ancient  with  re- 
fc'rence  to  the  age  of  the  Athenian  orators,  and 
therefore  that  this  previous  investigation  was  no 
]onger  requisite  in  the  dayv  of  Demosthenes  and 
hit  contemporaries.  Still  we  find  the  Diaetetae 
jiii^ntioned  by  them  in  very  many  cases  of  civil 
actions,  and  it  is  not  unlikely  that  the  magistrates, 
whose  duty  it  was  to  bring  actions  into  court 
(tltrdytiy),  encouraged  the  process  befote  the  arbi- 
initors,  as  a  means  of  saving  the  state  the  pay- 
iTiE'nt  which  would  otherwise  have  been  due  to  the 
dtcasts.  Hudtwalcker  is  accordingly  of  opinion 
that  the  Diaetetae  were  competent  to  act  in  all 
cases  of  civil  actions  for  restitution  or  compensa- 
tion, but  not  of  penal  or  criminal  indictments 
{ypcul>al\  and,  moreover,  that  it  rested  with  the 
i^rimplainant  whether  his  cause  was  brought  before 
them  in  the  first  instance,  or  sent  at  once  to  a 
higher  court  of  judicature.  (Dem.  c  Androt. 
p.  601.  18.) 

But  besides  hearing  cases  of  this  sort  the 
Diaetetae  sat  as  commissioners  of  inquiry  on  mat- 
tors  of  fiict  which  could  not  be  conveniently  exa- 
mined  in  a  court  of  justice  (Dem.  o.  Steph.  p.  11 06), 
jtiat  as  what  is  called  an  ^  issue  **  is  sometimes 
directed  by  our  own  Court  of  Chancery  to  an  in- 
ferior court,  for  the  purpose  of  trying  a  question  of 
fiict,  to  be  determined  by  a  jury.  Either  party  in 
a  £uit  could  demand  or  challenge  {yrpoKaKuvBat) 
fkii  inquiry  of  this  sort  before  an  arbitrator,  the 
challenge  being  called  irpdf(Ai|<rts :  a  term  which 
was  also  applied  to  the  **  articles  of  agreement  ^ 
by  which  the  extent  and  object  of  the  inquiry  were 
defined.  (Dem.  c.  Neaer.  p.  1387.)  Many  in- 
stances of  these  wpoKK'tifftis  are  found  in  the 
omtors ;  one  of  the  most  frequent  is  the  demand 
nr  offer  to  examine  by  torture  a  slave  supposed  to 
be  cognisant  of  a  matter  in  dispute,  the  damage 
which  might  result  to  the  owner  of  the  slave  being 
guaranteed  by  the  party  who  demanded  the  exa- 
mination. (Harpocr. «.  V.  vp6K\ri(ris,)  See  also  De- 
mosthenes {Onetor.  i.  p.  874),  who  observes  that 
the  testimony  of  a  slave,  elicited  by  torture,  was 
thought  of  more  value  by  the  Athenians  than  the 
evidence  of  freemen.  Another  instance  somewhat 
similar  to  the  last,  was  the  wp6K\ri<ns  tls  fiaprv- 
piav  (Pollux,  viil  62),  where  a  party  proposed  to 
hii  opponent  that  the  decision  of  a  disputed  point 
ihould  be  determined  by  the  evidence  of  a  third 
party.  (Antiphon,  De  ChoreuL  p.  144,  ed.  Bek- 
ker.)  Sometimes  also  we  read  of  a  irp6K\ii(ris, 
by  which  a  party  was  challenged  to  allow  the  ex- 
amination of  documents  ;  as  wills  (Dem.  c  Steph, 
p»  1104),  deeds,  bankers*  books,  &c  (c.  Timoth, 
p.  1197).  It  is  manifest  that  the  forms  and  ob- 
jf^cts  of  a  wpSKKncis  would  vary  according  to  the 
matter  in  dispute,  and  the  evidence  which  was 
producible  ;  we  shall,  therefore,  content  ourselves 
with  adding  that  the  term  was  also  used  when 
a  j)arty  challenged  his  adversary  to  make  his  alle- 
gation under  the  sanction  of  nn  oath,  or  offered  to 
itmke  his  own  statements  under  the  same  obliga- 


DIAETETAE. 

tion.  (Dem.  e.  Apat.  p.  896,  c.  Co 
The  presumption  or  preponessioi 
arise  from  a  voluntary  oath  in  the  '. 
be  met  by  a  similar  'rp6KXria-is^  ten^ 
posite  party,  to  which  the  original 
pears  to  have  had  the  option  of  coa 
as  he  might  think  proper.  (Dem.  7 
compare  Arist  Bhet.  I  16.)  In  i 
any  of  these  investigations  or  di 
made  before  the  Diaetetae,  we  maj 
Hudtwalcker  (p.  48%  that  they  mi{ 
witnesses  in  subsequent  stages  of  tl 
to  state  the  evidence  they  had  ta 
duce  the  documents  they  had  exam! 
were  deposited  by  them  in  an  echii 
LATio  (Oresk).] 

The  proceedings  in  the  trials  h* 
arbitrators  were  of  two  kinds,  1i 
parties  agreed  by  a  regular  contr 
matter  in  dispute  to  a  judge  or  judg 
them.  2dly,  When  a  cause  was  bi 
public  arbitrator,  without  any  soch 
promise,  and  in  the  regular  course 
chief  difference  seems  to  have  bee 
of  a  reference  by  contract  between  t 
award  was  final,  and  no  appeal  cot 
before  another  court,  though  the  oni 
might,  in  some  instances,  move  fc 
(rV  M^  olaay  iurriXax^^9  Dem.  e. 
Except  in  this  point,  of  non-appeal^ 
who  was  selected  from  the  public 
litigant  parties,  seems  to  have  been 
same  liabilities,  and  to  have  stood  i 
lation  to  those  parties  as  an  arbitnU 
lot :  the  course  of  proceeding  also  a 
been  the  same  before  both  (Dem.  c 
an  account  of  which  is  given  below, 
ever,  be  first  stated,  that  there  are 
in  support  of  Hudtwilcker^s  opinic 
ever  a  suitor  wished  to  bring  an  ac 
or  more  of  the  public  Diaetetae,  he 
of  the  many  officers  called  curoT* 
Lacrit.  p.  940.  5,  c  Paniofn.  p.  97( 
viii.  93),  whose  duty  it  was  to  bi 
{tiirdyuy)  into  a  proper  court  I 
officer,  at  any  rate,  a  requisite  iram 
tors  was  allotted  to  the  complains 
taken  that  they  were  of  the  same  ti 
fendant  (Harpocr.  «.  v,  SioinrroC) 
126)  informs  us  that  if  a  Diaetc 
hear  a  cause,  he  might  be  punishec 
but  it  appears  that  under  extraorc 
stances,  and  after  hearing  the  cas4 
sometimes  refused  to  decide  himself 
the  parties  to  a  court  of  justice.  (D 
p.  913.) 

The  process  before  the  public  1 
conducted  in  the  following  mannei 
plaint  made,  and  payment  of  the  iri 
plaintiff  supported  his  averment  by  i 
effect  that  his  accusation  was  true, 
fendant  met  by  a  like  oath  as  to  th 
defence.  When  the  oath  {irffftoi 
thus  taken  by  the  parties,  the  arbil 
upon  the  inquiry,  heard  witnesses,  e 
ments«  and  held  as  many  conferci 
with  the  parties,  as  might  be  necessi 
tlement  of  the  question.  (See  autl 
walcker,  p.  80.)  Thedayofpronour 
(^  inr6ipa(ris  r^s  Sim^s,  Dem.  e.  £ 
was  probably  fixed  by  law,  if  we  ni 


DUCTETAB. 
^  hM  (4  nptii  leiL  i^fw)  by  which  it  is 

oIM  in  the  onrian ;  it  m^ht,  however,  with  con- 
set  of  bodi  parties  be  postponed.  The  Terdict 
|ifes  vu  csontenigned  lij  the  proper  authorities, 
f^Hsps  bj  t^  ci^aryarycts,  and  thereby  acquired 
ia  nliditT.  Tbe  archona,  mentianed  by  Demo- 
itlKoes  {ciML  p.  542)  B»  having  signed  a  judg- 
iiefiU  ime  ptvbaU j  thetmothetae,  aa  the  action 
wal9it^  nK^yopias^  which  ia^  moreover,  called 
sa  stvi^m  Scu  ^vwr  SUi|,  i. «.  an  action  where 
t:«  i^tif  vas  not  reqioired  to  aaaess  the  damages 
i^atisun  litm\  the  penalty,  in  caae  of  a  verdict 
frmbeiogdeteiiiiined bylaw:  thia alone ia  sof- 
:ciatt  to  prare  tfa^  the  IKaet^ae  aometimea  de- 
cjded  iBOM  vhere  the  plaintiff  aned  for  damages, 
a  datiofimhed  frcHB  those  in  which  he  aonght 
nidtBtion  of  righta  or  pn^terty ;  nor,  indeed,  does 
tb^ic  Ren  aoy  lesson  for  sopoosing  that  their  juria- 
did0B  VM  not  extended  to  tne  iyvpts  Ti/4i|ro(,  or 
adket  irbere  the  plaintiff  was  required  toaaseaa  or 
bT  Ui  damagca,  provided  the  asaeaament  did  not 
fitted  nne  fixed  amoont.  In  anpport  of  thia 
cDiskia  «e  may  addoee  the  anthority  of  Pollux 
{m.  127),  who  expressly  states  that  the  plaintiff 
ai^t  men  his  damages  before  the  arbitiatora, 
vba  the  lav  did  not  do  to  for  him. 

If  the  defendant  were  not  preaent  on  the  proper 

hx  to  make  hia  last  defence,  judgment  went 

asTisst  him  by  de&ult  {iftiifiny  ^^^X  ^®  ^' 

Ittatoc  being  obliged  to  wait  till  the  evening  {i^ 

ftfas,  Dea.  fr  Meid.  p  541,  e.  Timoih,  p.  1 190). 

Stasetimes^  however,  the  time  of  pronouncing  aen- 

trccs  wai  defcned  in  consequence  of  a  deposition 

imttMioy  Pollui^  liiL  60 ;  Haipocr.  «.  «.)  al- 

ksio^  a  nttsfiKtoiy  canse  for  poatponement,  such 

a  eAsmj  shsenee  from  town,  military  service, 

e  «ber  ressoos.    To  mbstantiate  these,  the  ap- 

p^t,  when  possible,  appeared  peiaonaUy  ;  but  if 

a  partj  vat  pfevented  from  appearing  on  the  day 

«f  tri^  hj  say  unexpected  event,  £e  immfutvia 

QiKkt  be  nadie  on  oath  by  anthorised  friends. 

(Dm.e.0(yq».pl]74.4;Pollax,viiL56.)   The 

m^fto^  might  be  met  by  a  coonter-statement 

(flrfmcifwffk)  from  the  opposite  party  affirming 

kii  belief  that  the  leasons  alleged  were  fictitious 

V  censBUe.    In  connection  with  thia  point,  we 

car  obiene  that,  according  to  Pollux  (viiL  60), 

tke  lEotioa  figr  a  new  trial  coidd  only  be  sustained 

io  caia  vbere  the  applicant  had  made  a  btrt^iuxria^ 

Bd  deaonred  either  personally  or  by  proxy  against 

Ji«  psnog  of  judgment  on  the  regular  day.  More- 

oTc,  it  SSI  ioambent  on  the  party  who  wished  for 

&  «w  Ml  to  more  for  it  within  ten  days  after 

judgment  had  been  pronounced,  azid  even  then  he 

^  obliged  10  take  a  kind  of  iwof/ioaia^  to  the 

'^  im  his  sbsence  on  the  proper  day  was  in- 

Kfcntay.  (Pollux,  viiL  60.)     In  defeiult  of  com- 

pliaaaTith  these  conditions,  the  previous  sentence 

*a  caofiBaed.  (Dem.  e.  Mad.  p.  542.)     We  are 

Wdabby  Photiaa  {Im,  s.  «.  /ih  o^a  Wmj),  that 

1*  ni  eompetent  for  pbintiff  as  well  as  defendant 

to  acre  fe  a  new  trial  on  the  grounda  we  have 

Bemioaed.  When  it  was  granted,  the  former  ver- 

^Lttnsietaiide  (n  ^pfunri  ^A^ero),  and  the  par- 

tfi  mx  agsm  before  an  arbitrator,  probably 

^^  tie  imtnnnentality  of  the  €laaytrfus,  to 

^^  ^iplication  had  been  made  in  the  first  in- 

^  Tbe  piQcess  itself  is  called  itni\i^is  in 

^jMni<ioes  not  seem  to  have  been  confined  to 

pTwbebretheDiaetetae :  the  corresponding  term 

a  Rann  law  is  mtamitio  eremodkU, 


PIAMA8TIQ0SI&  J99 

^  Thia,  however,  was  not  the  only  mcatt  of  set- 
ting aside  a  judgment,  inaamuch  as  it  might  also  be 
effected  by  an  i^vit^  or  appeal  to  the  higher 
courts  [Appkllatio  (Grbek)],  and  if  folse  evi- 
dence  had  been  tendered,  by  a  Stini  lutKor^x^mt^ 
(Harpocr.  s.  r. ;  DenoL  c  Timeth,  p.  1201. 5). 

It  remains  to  speak  of  the  strictly  private  arbi- 
trators, chosen  by  mutual  agreement  between  con- 
tending parties,and  therefore  generally  distinguished 
by  the  title  aiprroL,  of  whom  it  must  be  under- 
stood that  they  were  not  selected  from  the  hmnrral 
of  the  tribes.  The  powers  with  which  they  were 
mvested,  were,  as  we  might  suppose,  not  always 
the  same ;  sometimes  they  were  merely  SioXXairraX, 
or  chosen  to  effect  a  compromise  or  reconciliation : 
thus  Isaeus  (De  Dioaeog.  Hertd.  p.  54,  ed.  Bekk.) 
speaks  of  arbitrators  offering  either  to  bring  about 
a  reconciliation  if  they  could,  without  taking  an 
oath,  or  to  make  an  award  (Awo^yco^oi)  upon  oath. 
Sometimes,  on  the  other  hand,  they  were  purely 
referees^  and  then  their  powers  depended  upon  the 
terms  of  the  agreement  of  reference ;  if  these  powera 
were  limited,  the  arbitration  was  a  Ziatra  ht\ 
hrrciis  (Isocr.  cCalL  p.  373,ed.  Bekk.).  The  agree- 
ment waa  not  merely  a  verbal  contract  (9t^Mlatio\ 
but  drawn  up  in  writing  (Iwirpow^  jcot^  ow^Kor, 
DeuL  e.  Pkor.  p.  912),  and  signed  by  the  parties  ; 
it  fixed  the  number  of  referees  (generally  three), 
determined  how  many  unanimous  votes  were  no- 
cessarv  for  a  valid  decision,  and  probably  reserved 
or  prohibited,  as  the  case  might  be,  a  right  of  ap« 
peal  to  other  authorities.  (Isocr.  c  QUL  p.  375, 
ed.  Bekk. ;  DeuL  &  ApaL  p.  897.) 

If  there  were  no  limitations,  these  Diaetetae 
were  then,  so  to  speak,  arbitrators  proper,  accord- 
ing to  the  definition  of  Festus  (pw  15,  ed.  Miil- 
ler) :  — "  Arbiter  dicitur  judex,  quod  totins  rei 
habcat  arbitrium  et  potestatem.*^  M<»eover,  no 
appeal  could  be  brought  against  their  judgment 
(Dem.  e.  Meid.  p.  545)  ;  though  we  read  of  an  in- 
stance of  a  party  having  persuaded  his  opponent  to 
leave  a  matter  to  the  arbitration  of  three  persons  ; 
and  afterwards*  when  he  found  they  were  likely  to 
decide  against  himself,  going  before  one  of  the 
public  arbitrators.  (Dem.  cAphA.  pi  862.)  We 
should,  however,  suppose  that  in  this  case  then 
was  no  written  trvyO^Kri,  The  award  was  fre- 
qnently  given  under  the  sanction  of  an  oath,  and 
had  the  same  force  as  the  judgment  which  pro- 
ceeded firom  a  court  of  law,  so  that  it  might  be  fol- 
lowed by  a  i'lKfi  i^odkiff.  (Dem.  c.  Callip.  p.  1240. 
22.)  We  may  add,  that  these  private  Diaetetae 
are  spoken  of  as  sitting  4if  r^  Up^^  iy  r^  'H^- 
(rrc(^,  and  that  in  some  cases  it  was  custoinary 
to  give  notice  of  their  aj^intment  to  the  proper 
archon  or  magistrate  (&To^^p«iy  wpbs  ri^r  apxf")^ 
who,  as  Hudtwalcker  suggests,  may  have  acted  as 
an  tUrayfyt^s  in  the  case.  (D^  c.  Callip.  p. 
1244.  14,  &  Meid,  p.  542.  14.)  [R.  W.] 

DIAGRAPHEIS  (Surypcu^eir).   [Eispboka.] 
DIA'LIS  FLAMEN.     [Flamkn.] 
DIAMARTY^RIA     {Ztatu^nvpla.)      [Ana- 

CRISIS.] 

DIAMASTIGO'SIS  (<6iixfMirrlyw<rts\  was  a 
solemnity  performed  at  Sparta  at  the  festival  of 
Artemis  Orthia,  whose  temple  was  called  Lim- 
naeon,  from  its  situation  in  a  nuurshy  part  of  the 
town.  (Pans.  iii.  16.  §  6.)  The  solemnity  was 
this : — Spartan  youths  (l^§oi)  were  soouiged  on 
the  occasion  at  the  altar  of  Artemis,  by  persons 
appointed  for  the  purpoee,  until  their  blood  gushed 


400 


DTAPSEPHISIS. 


Brth  and  coTered  the  altar.  The  scourging  itself 
wn^  preceded  by  a  preparation,  by  which  those 
\rhtt  intended  to  undergo  the  diamastigosis  tried  to 
burden  themselves  against  its  pains.  Pausanias 
dncribes  the  origin  of  the  worship  of  Artemis 
Qrthia,  and  of  the  diamastigosis,  in  the  following 
manner:  —  A  wooden  statue  of  Artemis,  which 
Orestes  had  brought  from  Tauris,  was  found  in  a 
1 1ll  eh  by  Astrabacns  and  Alopecus,  the  sons  of 
Trbus.  The  two  men  were  immediately  struck 
mud  at  the  sight  of  it.  The  Limnaeans  and  the 
inhabitants  of  other  neighbouring  places  then  of- 
fi:red  sacrifices  to  the  goddess  ;  but  a  quarrel  en- 
Aued  among  them,  in  which  several  individuals  were 
killed  at  the  altar  of  Artemis,  who  now  demanded 
Atonement  for  the  pollution  of  her  sanctuary.  From 
henceforth  human  victims  were  selected  by  lot  and 
cifFered  to  Artemis,  until  Lycuigus  introduced  the 
ecoiirging  of  young  men  at  her  lutar  as  a  substitute 
for  human  sacrifices. 

The  diamastigosis,  according  to  this  account,  was 
A  substitute  for  human  sacrifice,  and  Lyciurgus 
Tttade  it  also  serve  his  purposes  of  education,  in  so 
(\r  OS  he  made  it  a  part  of  the  system  of  harden- 
ing the  Spartan  youths  against  bodily  sufferings. 
(Plat  l4fe,  18,  JtuiU.  Laced,  p.  254 ;  Cic  7\tacul. 
Yv  '27.)  According  to  another  fiir  less  probable  ac- 
count, the  diamastigosis  originated  in  a  circum- 
Btiince,  recorded  by  Plutarch  {Arisiid.  17),  which 
happened  before  the  battle  of  PUtaeae. 

The  worship  of  Artemis  Orthia  was  unquestion- 
ably very  ancient,  and  the  diamastigosis  only  a  step 
from  barbarism  towards  civilisation.  Many  anec- 
dotes are  related  of  the  courage  and  intrepidity 
with  which  young  Spartans  bore  the  lashes  of  the 
scourge ;  some  even  died  without  uttering  a  murmur 
at  tbeir  sufferings,  for  to  die  under  the  strokes  was 
considered  as  honourable  a  death  as  that  on  the 
i^elii  of  battle.  (Compare  MUller^s  Dor.  ii.  9.  §  6. 
tioUi  k,  and  iv.  5.  §  8.,  note  c  ;  Manso,  Sparta^  i.  2. 
p.  183.)  [L.S.] 

DIA'NOMAE  (hayofwl)  or  DIA'DOSEIS 
(SEa9(5(rf»)  were  public  donations  to  the  Athenian 
people,  which  corresponded  to  the  Roman  oongiaria. 
[Cqnoiarium.]  To  these  belong  the  free  distri- 
bn  Lions  of  com  (Aristoph.  Vetp.  715),  the  cleru- 
rhiae  [Colonia  (Greek)],  the  revenues  from  the 
r lines,  and  the  money  of  the  theorica.     [Thxo- 

JLICON.] 

DIAPSETHISIS  (9unH<f»"r<0«  a  political  in- 
gtiEution  at  Athens,  the  object  of  which  was  to  pre- 
vent aliens,  or  such  as  were  the  offspring  of  an 
unlawful  marriage,  from  assuming  the  rights  of 
citizens.  As  usurpations  of  this  kind  were  not 
uncommon  at  Athens  (Pint  PericL  37 ;  Harpocr. 
jr.  IT.  -worofiSs),  various  measures  had  been  adopted 
figninst  them  (ypa^  (cWar  and  Swpo^cWo^);  but 
114  none  of  them  had  the  desired  effect,  a  new  me- 
thod, the  ^ta^^Kris  was  devised,  according  to 
whkh  the  trial  on  spurious  citizens  was  to  be  held 
\ty  the  domotae,  within  whose  deme  intruders  were 
ftiiflpected  to  exist ;  for  if  each  deme  separately  was 
kept  clear  of  intruders,  the  whole  body  of  citizens 
would  naturally  feel  the  benefit  Every  deme 
therefore  obtsuned  the  right  or  duty  at  certain 
times  to  revise  its  lexiarchic  registers,  and  to  ascer- 
tain whether  any  had  entered  their  names  who  had 
no  claims  to  the  rights  of  citizens.  The  assembly 
of  the  demotae,  in  which  these  investigations  took 
place,  was  held  under  the  presidency  of  the  de- 
march,   or  some  senator  belonging  to  the  deme 


DIASIA. 

(Harpocr.  «.  v.  ^/lopxof ) ;  for  in  ti 
forward  in  the  oration  of  Demoel 
Eubulides,  we  do  not  find  that  he 
but  it  is  merely  stated  that  he  wa 
the  fiovKii.  When  the  demotae  w* 
an  oath  viras  administered  to  them, 
promised  to  judge  impartially,  witl 
wards,  or  enmity  against,  those  pei 
they  might  have  to  pass  sentence, 
then  read  the  names  of  the  demota 
gister,  asking  the  opinion  of  the  aa* 
ipiCeffSai)  respecting  each  individual, 
thought  him  a  true  and  legitimate 
Any  one  then  had  the  right  to 
thought  or  knew  of  the  person  in 
when  any  one  was  impeached,  a  reg 
pUoe.  (Dem.  c.  EubuL  p.  1302; 
Fals.  Log.  p.  345.)  Pollux  (viiL  18) 
demotae  on  thb  occasion  gave  the 
leaves  and  not  with  pebbles  as  was  i 
roosthenes  simply  calls  them  i^^i. 
was  found  guilty  of  having  usurped  \ 
citizen  (&iroi|^^(Cc<r9at),  his  name  w 
the  lexiarchic  register,  and  he  hii 
graded  to  the  rank  of  an  alien.  Bui 
acquiesce  in  the  verdict,  but  appeals 
courts  of  justice,  at  Athens,  a  heavi< 
awaited  him,  if  he  was  found  guilty  t 
he  was  then  sold  as  a  sUve,  and  his 
confiscated  by  the  state.  (Dionys. 
c.  16.  p.617,  ed.  Reiske;  ArgHmoA 
0.  EuhuL) 

If  by  any  accident  the  lexiarchic 
been  lost  or  destroyed,  a  careful  sc 
same  nature  as  that  described  above, 
called  9ia^^i<riSf  took  place,  in  on 
any  spurious  citizen  from  having  bis 
in  the  new  registers.  (Dem.  /.  c:  p.  1 

It  is  commonly  believed  that  the  Hi 
introduced  at  Athens  in  B.C.  419,  I 
philus.  (Schdmann,  De  ComUiia^  p. 
Wachsmuth,  Hellen.  Alterthumsk,  V( 
2nd  ed.)  But  it  has  justly  been  ] 
Siebelis  on  Philochorus  {Fragm. 
Harpocration  (s.  «.  8iai|r^<r<s),  the 
tfaority  for  this  supposition,  cannot  I 
in  this  sense.  One  Ziwyh^ivts  is  i 
Plutarch  (PerieL  37)  as  early  as  b.  c 
ton  (F.  H.\l  p.  141)  has,  moreover 
the  tta^^urtf  mentioned  by  Harpoc 
archonship  of  Archias,  does  not  belooj 
but  to  &a  347.  Compare  Hermaim,  j 
PoL  Ant.  of  Greece,  §  123.  n.  14,  &< 
mann,  tc,  whose  lengthened  accot 
should  be  read  with  great  care,  as  b< 
statements  which  seem  to  be  irreco 
each  other,  and  not  founded  on  go 
The  source  from  which  we  derive  moi 
on  this  subject  is  the  oration  of  Demosi 
Eubulides. 

DIA'RIUM.     [Sbrvus.] 

DI  A'SI  A  (SuUrta),  a  great  festival 
Athens,  without  the  walls  of  the  c 
w6\*cts\  in  honoor  of  Zens,  sumam 
(Thuc.  L  126).  The  whole  people 
it,  and  the  wealthier  citizens  offered  th 
while  the  poorer  classes  burnt  such  in 
country  fhrnished  (^ftara  iwix<Apta 
scholiast  on  Thucydides  erroneously^ 
cakes  in  the  shape  of  animals.  (C 
Anab,  viu  8.   §  4;   Luciaa    Tlua.  ! 


\ 


DICASTBRION. 

h'd,4^iu.)    The  diaiw  took  piMe  m  tbe  IiO^ 

ttr  adf  of  the  nonth  of  Antheaterion  (SchoL 

^Jrukfk  L  c)  with  kat^XDg  and  lejokiiigi,  and 

•a,  lib  noit  other  fistivali,  accompaiued  by  a  fair. 

(Anflioph.A'ak84l.)  It  vaa  thii  fisftinJ  at  which 

Cjhn  vas  eajuatd  \fy  aa  oiade  to  take  poMeaaion 

d  the  aoopolii  of  Athena ;  but  he  miatook  the 

ndcs,  aid  nade  the  attempt  dwing  the  edebia* 

tiflB  of  tile  OljBipiMi  games.    (Compare  Polliuc,  i 

26 ;  Soidm  t.  o.)    The  etymology  of  ttd^io,  given 

Vf  nort  af  the  aaoent  graomariana  (from  Aiii 

uditn)  ii  fthe,  the  name  ia  a  man  doiTatiTe 

&oaliku'A»iAA^fMifrnn'Affd;U«r.    [L.S.] 

DIASTTLOS.    [TucfLUM.] 

WATRBTA.    [VirmoM.] 

DIAULOS  (tteaAasX    [Stadium.] 

DIAZO'MA  (SidCayM).    [Sublioaculum.] 

DICASTE'RION  (SucoorVter),  indicatca  both 

^  angicRite  jadgcs  that  eat  in  court,  and  the 

piace  itietf  in  which  they  held  their  aittinga.     For 

aaxnmiofthe  ibnner,  the  reader  ia  referred  to 

tbeanideDiCAtTBS:  with  reqiect  to  the  latter, 

m  iifimation  ii  Tciy  imperlfect.     In  the  earlier 

lies  time  weie  five  edehmted  plaeei  at  Athena  aet 

sftftfcrthevttingi  of  the  jndgeo,  who  had  cog- 

■raaoe  of  the  gmver  canaea  in  which  the  loea  of 

ban  life  wag  aveqged  or  expiated,  viz.  the  areio- 

Taiius  ni  the  epheta&    Theae  placea  were  the 

Amopgw  [AftUOPAOUa],  and  the  iwl  IlaAAaSiy, 

M  AcA^my,  M  PNFravc%  and  4p  *pwrrol 

Tb  KMiquty  of  theae  four   laat  ia  anfficiently 

^"xM  fer  bj  the  archaic  chancter  of  the  diri^ 

UD  of  the  caaaea  that  were  i4ypropriated  to  each : 

Q  tltt  btt  we  are  told  that  accidental  deatha  were 

^^samii  in  the  aeoond  homiddea  conleaaed,  but 

ptified;  is  the  thixd  there  were  qoaai  triala  of 

^KODBte  tfabga,  which,  by  fiUling  and  the  like, 

"■^^^ranoMd  a  kaa  of  hmnan  life ;  in  the  ftorth 

wBwiei  who  had  retained  from  exile,  and  com- 

uucdtindi  loanalaiighier,  were  appointed  to  be 

^  Wiik  respeet  to  theae  ancimt  inatitntiona, 

a  vtid  little  nere  than  the  name  remained  when 

^  btorial  age  coomienced,  it  will  be  aoffident 

i»  okrre  that,  m  accordance  with  the  andent 

i?  ^^^  •"•P^'Jng  murder,  via.,  that  it  par- 

''"^^'''"B  of  the  nature  of  a  ceremonial  pollution 

P»  t  political  offimce,  the  preaiding  judge  waa 

P'wabij  tke  king  archon,  the  Athenian  rex  wbt 

°^;  ad  tliat  the  placea  m  which  the  triala  were 

bdd  wift  opea  to  the  aky,  to  aToid  the  contami- 

^  wkich  the  jvdgea  might  incor  by  being 

7^  ^  mne  nof  with  a  mnrderer.  (Matthiae, 

'^-.f^^^^lBt)    The  placea,  however,  re- 

■^  «ft»the  office  of  the  jndgea  who  originally 

^^  vai aholiahed;  and  they  appear  from 

**«taiei  (fc  jVaoir.  p.  1848. 21)  to  have  been 

Jf^^Dy  «Md  by  the  oidinaiy  Heliaatic  jndgea 

^  ^  a  canae  of  the  kind  to  which  they 

^  ^^7  «niro|iriated.     The  moat  important 

JTl      •««  «  the  Heliaea,  in  which,  we 

"^  wd  by  the  giamnaiiana,   the   weightieat 

^^''^deddBd ;  and  if  ao,  we  may  conclude 

^thaapthetae  were  the  pnaiding  magiatiatea. 

^^  tkii,  ordiaaiy  Heliaatic  eoorta  aate  in  the 

^J^  '^  the  eoorta  Trigonon,   the   Greater 

'J^))  the  Middle  {Mitrw),  the  Green,  the 

7j;u>t«f  Uetiochna,  and  the  Pwabyaton:  but 


DICA8TES. 


401 


•^thtK 


»e  lie  inable  to  fix  the  looalitief ,  or  to 


K.  -^laitwa  n  wu  aaoai  to  apportion  u 
■^  *«tt  tB  painted  with  their  diatinctiYe 
'^>  "^  it  ippean,  had  a  letter  of  the  aJ^habet 


inacribed  orer  the  dootway.  With  the  ezeeptioo 
of  the  Heliaea,  and  thoae  in  which  cauaea  of  mnr- 
der  were  tried,  they  were  probably  protected  from 
the  weather.  The  dicaata  aat  upon  wooden 
benehea,  which  were  covered  with  raga  or  matting 
(^loAfa,)  and  there  were  elevationa  or  tribnnea 
(/Minora),  upon  which  the  antagoniat  advocatea 
atood  during  their  addreaa  to  the  court  The  apace 
occupied  by  the  peraona  engaged  in  the  trial  waa 
protected  by  a  tailing  (t^v^airroif)  from  the  intm- 
aion  of  the  byatandera ;  but  in  canaea  which  bore 
naeo  the  violation  of  the  myateriea,  a  further  apace 
of  fifty  ieet  all  roond  waa  endoaed  by  a  tope,  and 
the  aecurity  of  thia  faairier  guaranteed  by  tha 
preaence  of  tha  public  alavea.  (Meier,  AU.  /Voc 
p.  1141.)  [J.&M.] 

DICASTES  (lucooT^r),  in  ita  bnadeat  accep- 
tation a  judge,  more  pecaliariy  denotea  the  Attic 
fimctionary  of  the  democratic  period,  who,  with  hia 
coUeagnea,  waa  conatitutionally  empowered  to  try 
and  paaa  judgment  upon  all  canaea  and  qneationa 
that  the  lawa  and  cuatoma  of  hia  country  pronounced 
auaoeptiUe  of  judicial  inveatigation«  In  thecircum* 
atanoe  of  a  plurality  of  peraona  being  aeleeted  from 
the  maaa  of  private  citisena,  and  aaaociated  tempo- 
rarily  aa  repreaentativea  of  the  whole  body  ot  the 
people,  adjudicating  between  ita  individual  mem- 
bera,  and  of  anch  delegatea  awearing  an  oath  that 
they  would  well  and  truly  diacha^  the  dutiea 
entrnated  to  them,  there  appeara  aome  reaemUance 
between  the  conatitntion  of  the  Attic  dicaaterion 
and  an  English  juiy,  but  in  neariy  all  other  reapecta 
the  diatinctiona  between  them  are  aa  great  aa  the 
intenrala  of  apace  and  time  which  aepaiate  their 
aeveral  nationa.  At  Athena  the  conditiona  of  hia 
eligibility  were,  that  the  dicaat  ahoold  be  a  free 
citisen,  in  the  enjoyment  of  hia  full  fianchiae 
(iwirtfda\  and  not  leaa  than  thirty  yeara  of  age, 
and  of  peraona  ao  qualified  aix  thouaand  were  ae- 
leeted by  lot  for  the  aervice  of  every  year.  Of  the 
predae  method  of  their  appointment  our  noticea  are 
aomewhat  obacure :  but  we  may  gather  firom  them 
that  it  took  place  every  year  under  the  conduct  of 
the  nine  arehona  and  their  oiBcial  acribe ;  that  each 
of  theae  ten  peraonagea  drew  by  lot  the  namea  of 


aix  hundred  peraona  of  the  tribe  aaa^ed  to  him  ; 
that  the  whole  number  ao  adected  waa  again  divided 
by  lot  into  ten  aectiona  of  500  each,  together  with 
a  anpemumerary  one,  conaiating  of  a  thouaand  per- 
aona, from  among  whom  the  occaaional  deficienciea 
in  the  aectiona  of  500  might  be  aapplied.  To  each 
of  the  ten  aectiona  one  of  the  ten  firat  lettera  of  the 
alphabet  waa  appropriated  aa  a  diatinguiahing  mark, 
and  a  amaU  tablet  (wiydirtoy),  inacribed  with  the 
letter  of  the  aection  and  the  name  of  the  individual, 
waa  delivered  aa'a  certificate  of  hia  appointment  to 
each  dicaat  Three  bronae  pbtea  found  in  tho 
Peiraeeua,  and  deacribed  by  Dodwell  (  TVooe^a,  voL  L 
pp.  433—437),  are  auppoaed  to  have  aerved  thia 
pnrpoae  ;  the  inacriptiona  upon  them  oonaiBt  of 
the  following  lettera:— A.  AI0A0P02  «PEA, 
E.  AEINIA2  AAAIET2,  and  B,  ANTIXAPM02 
AAM n,  and  bear  beaidea  repreaentationa  of  owla 
and  Ooigon  heada,  and  other  derioea  aymbolic  of 
the  Attic  people.  The  thouaand  anpernumerariea 
had  in  all  probability  aome  different  token,  bnt  of 
thia  we  have  no  certain  knowledge. 

Before  proceeding  to  the  exerdae  of  hia  func- 
tiona  the  dicaat  waa  obliged  to  awear  the  official 
oath ;  which  waa  done  in  the  eariier  agea  at  a  place 
called  Ardettna,  without  the  dty,  on  the  banka  of 


403 


DICASTES. 


the  niflsiu,  but  in  after  times  at  8oroe  other  spot, 
•f  which  we  are  not  informed.  In  the  time  of 
BemosthenAS  the  onth  (which  is  given  at  full 
length  in  Dem.  e,  Timoo.  p.  746)  asserted  the 
qualification  of  the  dicast,  and  a  solemn  engage- 
ment by  him  to  discharge  his  ofHce  fiiithfully  and 
inoormptibly  in  general,  as  well  as  in  certain  spe- 
cified cases  which  bore  reference  to  the  appoint* 
ment  of  magistrates,  a  matter  in  no  small  degree 
under  the  control  of  the  dicast,  inasmuch  as  few 
could  enter  upon  any  office  without  having  had 
their  election  submitted  to  a  court  for  its  approba- 
tion [Docimasia]  ;  and  besides  these,  it  con- 
tained a  general  promise  to  support  the  existing 
constitution,  which  the  dicast  would  of  course  be 
peculiarly  enabled  to  do,  when  persons  were  ac- 
cused before  him  of  attempting  its  subversion. 
This  oath  being  taken,  and  the  divisions  made  as 
above  mentioned,  it  remained  to  assign  the  courts 
to  the  several  sections  of  dicasts  in  which  they 
were  to  sit  This  was  not,  like  the  first,  an  appoint- 
ment intended  to  last  during  the  year,  but  took 
place  under  the  conduct  of  the  thesmothetae,  de 
novot  every  time  that  it  was  necessary  to  impanel 
a  number  of  dicasts.  In  ordinary  cases,  when  one, 
two,  or  more  sections  of  500  made  up  the  comple- 
ment of  judges  appropriated  to  trying  the  particular 
kind  of  cause  in  hand,  the  process  was  extremely 
simple.  Two  uins  or  caskets  {KXriptrrtipia)  were 
produced,  one  containing  tickets  inscribed  with  the 
distinctive  letters  of  the  sections  ;  the  other  fur- 
nished, in  like  manner,  with  similar  tickets  to  in* 
dicate  the  courts  in  which  the  sittings  were  to  be 
held.  If  the  cause  was  to  be  tried  by  a  single 
section,  a  ticket  would  be  drawn  simultaneously 
from  each  urn,  and  the  result  announced,  that  sec- 
tion B,  for  instance,  was  to  sit  in  court  T  ;  if  a 
thousand  dicasts  were  requisite,  two  tablets  would, 
in  like  manner,  be  drawn  from  the  urn  that  re- 
presented the  sections,  while  one  was  drawn  from 
the  other  as  above  mentioned,  and  the  announce- 
ment might  run  that  sections  A  and  B  were  to  sit 
in  court  T,  and  the  like.  A  more  complicated 
system  must  have  been  adopted  when  fractional 
parts  of  the  section  sat  by  themselves,  or  were 
added  to  other  whole  sections :  but  what  this  might 
have  been  we  can  only  conjecture,  and  it  is  ob- 
vious that  some  other  process  of  selection  must 
have  prevailed  upon  all  those  occasions  when 
judges  of  a  peculiar  qualification  were  required ; 
as,  for  instance,  in  the  trial  of  violators  of  the  mys- 
teries, when  the  initiated  only  were  allowed  to 
judge  ;  and  in  that  of  military  offenders  who  were 
left  to  the  justice  of  those  only  whose  comrades 
they  were,  or  should  have  been  at  the  time  when 
the  offence  was  alleged  to  have  been  committed. 
It  is  pretty  clear  that  the  allotment  of  the  dicasts 
to  their  several  courts  for  the  day,  took  place  in  the 
manner  above-mentioned,  in  the  market  place,  and 
that  it  was  conducted  in  all  cases,  except  one,  by 
the  thesmothetae  ;  in  that  one,  which  was  when 
the  magistrates  and  public  officers  rendered  an  ac- 
count of  their  conduct  at  the  expiration  of  their  term 
of  office,and  defended  themselves  against  all  charges 
of  malversation  in  it  [Euthynx],  the  logistae 
were  the  officiating  personages.  As  soon  as  the 
allotment  had  taken  place,  each  dicast  received  a 
staff,  on  which  was  painted  the  letter  and  colour  of 
the  court  awarded  him,  which  might  serve  both  as 
a  ticket  to  procure  admittance,  and  also  to  dis- 
tinguish him  from  any  loiterer  that  might  endea- 


DIKR. 

vour  dandestmely  to  obtain  a  litdng 
had  begun. 

The  dicasts  received  a  fee  for  the 
(rh  HuccurrucSy  or  fjd<r6os  tiuciurTiK6s] 
ment  is  said  to  have  been  first  insti 
rides  (AristoL  Folit.  ii.  9,  p.  67,  e 
Pint  Per,  9 ;  Plat  G<ny.  p.  515] 
generally  supposed  from  Anstophanei 
who  makes  Strepsiades  say  that  for  tl 
he  ever  received  as  a  dicast,  he  bough 
son,  that  it  was  at  first  only  one  obol 
ing  to  the  Scholiast  on  Aristophane 
the  pay  was  subsequently  increased 
but  this  seems  to  be  merely  an  eironc 
from  the  passage  of  his  autlior.  Thrc 
trioboUm  {rpMoXoy)  occurs  aa  early  i 
the  comedies  of  Aristophanes,  and 
mentioned  frequently.  (Aristoph.  J 
Vetp.  584,  654,  660,  Ran.  1540,  &c 
inferred  from  these  passages  that  the  i 
introduced  by  Cleon  about  b.  a  421  ; 
mann  {Praef,  ad  Aristoph.  Nvb.  p.  1, 6 
has  disputed  this  opinion,  at  least  s 
founded  upon  Aristophanes,  and  thi 
pay  of  three  oboli  for  the  dicasts  e 
that  time.  However  this  may  be,  1 
certain,  that  the  pay  of  the  dicasts 
same  at  all  times,  although  it  is  imprc 
should  ever  have  been  two  oboli 
Sehol.  ad  Aristoph,  Vesp.  682 ;  Hesyi 
(rrijt^y  ;  Suid.  «.  v.  ^Aiaoral.)  The 
made  after  every  assembly  of  a  ooorl 
by  the  Colacretae  (Ludan,  Bis  aeemaa 
the  following  manntf.  After  a  citis 
appointed  by  lot  to  act  as  judge  in 
court,  he  received  on  entering  the  o 
with  the  staff  {fiaicTyipia  or  ^8osJ 
ticket  {HpBolKow),  After  the  bnsinesa 
was  over,  the  dicast,  on  going  oat,  ( 
ticket  to  the  prytaneis,  and  received  1 
turn.  rSchoL  ad  Aristoph,  PluL  277 
fiaKryipia ;  EtymoL  M.  s.  v.  HplSoKoiif ; 
16.)  Those  who  had  come  too  late  1 
to  die  triobolon.  (Aristoph.  Vesp,  660 
nnal  amount  of  these  fees  is  reckone* 
phanes  (  Vesp.  560,  &c.  with  the  Sd 
talents,  a  sum  which  is  very  high  and 
only  be  applied  to  the  most  &urishi 
Athens.  (Bdckh,  PtM,  Eeom.  of  Ati 
2nd  ed. ;  Meier,  AU,  Proc  p  125,  &4 
DICASTICON  (Jucarrucdsr).  [D 
DIKE'  (5^),  signifies  generally  i 
ings  at  law  by  one  party  directly  o 
against  others.  (Harpocrat  s;  o. ;  Pd 
41.)  The  object  of  all  snch  actions 
the  body  politic,  or  one  or  more  of  it 
members,  from  injniy  and  aggression 
tion  which  has  in  most  countries  su 
division  of  all  causes  into  two  great 
public  and  the  private,  and  assigned 
peculiar  form  and  treatment  At  Ath 
of  these  was  implied  by  the  tenns  pab 
&7MKCf,  or  still  more  peculiarly  by  ypa 
of  the  other  chws  were  termed  privi 
inywpts,  or  simply  SIkcu  in  its  limited  m 
is  a  still  further  subdivision  ofypaipal  ii 
and  YSmu,  of  which  the  former  is  some 
gous  to  impeachments  for  offences  dire 
the  state  ;  the  latter,  to  eriminal  pnM 
which  the  state  appears  as  a  party  n 
jured  in  the  violence  or  other  wraog  d( 


It  win  be  obMTwd  tiiat  cues 
ftc^wBdj  ariM,  whiefa,  with  reference  to  tlie 
vneg  empbiMd  o^  may  vith  equal  proprie^  be 
ka^ht  beftie  a  oonrt  in  the  fiam  of  the  Tpa^ 
iait  aestiflaed,  er  in  that  of  an  ordiaaiy  luni,  and 
mAatheieqrmiMtanfei  the  km  of  Athens  gave 
tb  pneenlor  an  ample  chmce  of  methodji  to 
nadicete  his  i%^hts  by  private  or  public  proeeed- 
Bgs  (Den.  c  Awioc  pL  601),  much  in  tbe  same 
ny  ai  a  pUntiff  in  modern  times  ma j,  for  the 
lUK  ofoiee,  prafsr  an  indietment  for  aaaauh,  or 
Wi^  hii  dril  action  for  treipus  on  the  peraon. 
It  viH  be  aeeesMny  to  mentinn  snne  of  the  nrin« 
qtti  tttJintioBS  in  the  treatment  of  caoaea  of  the 
n«  iinat  ehaaea  above  mentioned,  before  proceed- 
iEg  to  discBM  the  fbnns  and  treatment  of  the  pri- 
fattbvmit 

h  a  I<k4>  only  the  perwn  whose  rigfata  were 
iSegcd  to  be  affected,  or  the  legal  protector  (copies) 
«:  nb  poBon,  if  a  vajiox  or  otherwiae  ino^pable 
cf  ifpearin;  jao  Jure,  was  pecmitted  to  institate 
aa  aeboo  a»  pbintiff ;  in  pablic  cansea,  with  the 
ezerptiflD  olwBe  few  m  viueh  the  pcnon  injured 
erbis  &DiIy  were  peculiaiiy  bound  and  interaated 
to  ad,  my  &ee  dtaen,  and  sometimes,  when  the 
mte  ni  direcdy  attacked,  almost  any  alien,  waa 
npnfoed  to  do  ao.  In  all  private  causes,  except 
te  rf  ^aiM^  /BwMw,  and  ^(oipc^cavT,  the 
peidty  or  other  subject  of  contention  was  ex- 
(iuitdy  rBeovered  by  the  plaint,  whQe  in  most 
wbm^SMe  alone,  or  jointly  with  the  proee^ 
oiMv  profiled  by  the  pecuniary  pnniahment  of  the 
«fa>der.  Tbe  eourt  fees,  called  prytaneia,  were 
^  ia  frimte  but  not  in  pnUic  causes,  and  a 
piliUc  pniecator  that  oonqnomised  the  action  with 
tb  deSndaot  waa  in  most  eases  punished  by  a 
fas  q{  a  tbdaaaod  drachmae  and  a  modified  dis- 
fisxbiieneBt,  while  there  waa  no  legal  impedi- 
Qs>t  at  lay  period  of  a  private  lawauit  to  the 
Tcoxteliatiao  of  the  litigant  parties.  (Meier,  AtL 
/Wb,p.163.) 

Iltt  pnceedings  in  the  9iiai  were  comraenoed 
Vy  %  nasMu  to  the  defendant  (vp^oicXiyo-tf) 
to  appear  m  a  certain  day  before  the  proper 
■g^ate  (fiffwyaiTc^),  and  there  anawer  the 
t^a  penned  a^painst  him.  (Ariat.  Ainft.  1221, 
At.  im.)  This  sommons  was  often  served  by 
tke  pUntiff  io  peraon,  aeoompanied  by  one  or 
tvo  vitseaei  [CLKrnBs],  whoae  names  were 
t*^"Md  vpn  the  dedaration  (X^^as  or  fyKXii/M), 
^titseTeR  an  insufficient  service  of  the  som- 
>^  tbe  hvanit  was  styled  dbrp^oicXifros,  and 
^VBUKdbjthe  magistnte.  (Hesych.)  From 
^mamtaot  of  the  aame  officer  that  condneted 
'^■acmii  being  also  necessarily  present  at  the 
^  »d  M  there  irere  besides  dies  nefiwti 
(^piifi)  and  festivals,  during  which  none,  or 
">lr>«K  special  canses  could  be  eommenced,  the 
p9V(rg{tbepUintiff  in  selecting  his  time  was,  of 
<"iiKi  in  nme  degree  limited  ;  and  of  several 
^■■iH)  ve  ioww  that  the  time  for  thdr  institution 
^pmiaiiariaed  by  hiw.  ( Ariatoph.  Mi6.  1190.) 
^  vm  ako  occasions  upon  which  a  personal 
*"«oft]ie  party  proceeded  against  took  the 
M  «^  ff  at  all  events  was  simultaneous  with, 
ti>e  Kmoe  of  the  summons ;  as  for  instance, 
vWb  the  plaintiff  doubted  whether  auch  party 
^  M  leave  the  oountiy  to  avoid  answeriiuf 
tltt  actim ;  sod  aocordingly  we  find  that  in  such 
^^cZmotk.  PL  890,  cArisiogf.  pw778) 
uAtlicoiniflaintiff  Bught  conq^el  a  fiueigner  to 


DIKE. 


409 


accompany  him  to  the  polomaiehlB  oAce,and  there 
produce  bail  fin*  his  appearance,  or  feiling  to  do  so, 
submit  to  remain  in  custody  till  the  tnaL  The 
word  mreyyuv  is  peculiarly  used  of  this  proceed- 
ing. Between  the  service  of  the  summons  and  ap- 
pearance of  the  parties  befiire  the  magistrate,  it  n 
very  probable  that  the  law  pcescxibed  the  inter- 
vention of  a  period  of  five  days.  (Meier,  AtL 
Proeea^  p.  580.)  If  both  parties  appeared,  the 
prooeedmgs  commenced  by  the  plaintiff  putting  in 
nis  dedaration,  and  at  the  aame  time  depositing  his 
share  of  the  court  fees  (wpvraiwSs),  the  non-pay- 
ment of  which  was  a  fiatal  objection  to  the  further 
progress  of  a  cause.  (Matth.  2>a  Jad.  j4l4.  n.  261.) 
These  were  very  trifling  in  amount  If  the  sub- 
ject of  litigation  was  rated  at  leaa  than  100 
drachmae,  nothing  was  paid  ;  if  at  more  than  100 
drachmae  and  less  than  1000  drachmae,  3  drschmae 
was  a  sufficient  deposit,  and  so  on  in  proportion. 
If  the  defendant  neglected  or  refused  to  make  his 
payment,  it  is  natural  to  condude  that  be  under- 
went the  penalties  consequent  upon  non-appear- 
ance ;  in  all  cases  the  auceeaafiil  party  vraa  leim- 
buraed  hia  prytaneia  by  the  other.  (Meier,  AtL 
FroetUj  p.  6 1 3^)  The  wapoicaraCoA^  was  another 
deposit  in  aome  caaes,  but  paid  by  the  plaintiff 
only.  Thia  was  not  in  the  nature  nor  of  the 
usual  amount  of  the  court  fees,  but  a  kind  of 
penalty,  as  it  was  ferfeited  by  the  suitor  in  case  he 
felled  in  establishing  his  cause.  In  a  suit  against 
the  treasury,  it  was  fixed  at  a  fifth  ;  in  that  of  a 
claim  to  the  property  of  a  deceased  peraon  by  an 
alleged  heir  or  deviaee,  at  a  tenth  of  the  value 
aought  to  be  recovered.  (Matth.  IM  Jud,  Atk, 
p.  260.)  If  the  action  was  not  intended  to  be 
brought  before  an  heliastic  court,  but  merriy  sub- 
mitted to  the  arbitmtion  of  a  diaetetes  [Diae- 
TBTBs],  a  course  which  was  competent  to  the 
plaintiff  to  adopt  in  all  private  actions  (Hudt- 
vralcker,  De  Diadet.  pk  85),  the  drachma  paid  in 
the  place  of  the  deposit  above  mentioned  bore  the 
name  of  wapdorao'ii.  The  deposito  being  made,  it 
became  the  duty  of  the  magistrate,  if  no  manifest 
objection  appeared  on  the  fece  of  the  dedaration, 
to  cauae  it  to  be  written  out  on  a  toblet,  and  ex- 
posed for  the  inspection  of  the  public  on  the  wall 
or  other  place  that  served  as  the  cause  list  of  his 
court     (Meier,  AU,  Froee$t^  p.  605.) 

The  magistrate  then  a|^inted  a  day  for  the 
further  proceedings  of  the  anacrisis  [Anacribis], 
which  vras  done  by  drawing  lota  for  the  priority 
in  case  there  was  a  plurality  of  canses  instituted  at 
the  same  time  ;  and  to  this  proceeding  the  phrase 
\arfX^*»  8t«i}y,  which  geneially  denotes  to  bring 
an  action,  is  to  be  primarily  attributed.  If  the 
plaintiff  felled  to  appear  at  the  anacrisis,  the  suit, 
of  oouse,  fell  to  the  ground;  if  the  defendant 
made  default,  judgment  passed  against  hhn. 
(Meier,  AtL  Frocen,  pw  623.)  Both  partiea,  how- 
ever, received  an  official  summons  before  theii 
non-appeaianoe  was  made  the  ground  of  either  re« 
suit  An  affidavit  might  at  this,  as  well  as  at 
other  periods  of  the  action,  be  made  in  behalf  of 
a  peraon  unable  to  attend  upon  the  given  day, 
and  this  would,  if  aUowed,  have  the  effect  of  post- 
poning further  proceedings  (^^ttftoffia) ;  it  might, 
however,  be  combated  by  a  counter  affidavit  to  the 
effisct,  that  th6  alleged  reason  was  unfounded  or 
otherwise  insufficient  (tirBvttmftoa'ia)  ;  and  a  ques- 
tion would  arise  upon  this  point,  the  dedsion  of 
whidiy  when  adverse  to  the  defendant,  would 
B  n  2 


404 


DIKE. 


vender  liim  liable  to  the  penalty  of  contumacy. 
(DeuL  6.  (Hymp.  p.  1174.)  The  plaintiff  wa«  in 
this  case  uiid  ifrfi/*ny  ^A.cly :  the  defendant,  ifyfifiri'^ 
6^\9af,  9iicfir  being  the  word  omitted  in  both 
phxases.  If  the  caiue  were  primarily  brought  be- 
fore an  umpire  (8iamrr^),  the  anacrisis  was  con- 
ducted by  him  ;  in  oases  of  appeal  it  was  dispensed 
with  as  imnecessuy.  The  anacrisis  began  with 
the  affidavit  of  the  plaintiff  ("rpottfUHrla)^  then 
followed  the  answer  of  the  defendant  {iarratfiocla 
or  iyriypaipfi  [  Antiokafhi],  then  the  parties  pro- 
duced their  respective  witnesses,  and  reduced  their 
evidence  to  writing,  and  put  in  originals,  or  authen- 
ticated copies,  of  all  the  records,  deeds,  and  con- 
tracts that  might  be  useful  in  establishing  their 
case,  as  well  as  memoranda  of  offers  and  requisi- 
tions then  made  by  either  side  (r^KA^<r«ti). 
The  whole  of  the  documents  were  then,  if  the 
cause  took  a  straight-forward  course  (cMu8iic(a), 
enclosed  on  the  last  day  of  the  anacrisis  in  a 
casket  (ix^yos)^  which  was  sealed  and  entrusted 
to  the  custody  of  the  presiding  magistrate,  till  it 
was  produced  and  opened  at  the  trisl.  During  the 
interval  no  alteration  in  its  contents  was  per- 
mitted, and  accordingly  evidence  that  had  been 
discovered  after  the  anacrisis  was  not  producible 
at  the  trial  (Dem.  o.  Boeot.  i.  p.  999.)  In  some 
causes,  the  trial  before  the  dicasts  was  by  law  ap- 
pointed to  come  on  within  a  given  time  ;  in  such 
as  were  not  provided  for  by  such  regulations,  we 
may  suppose  that  it  would  principally  depend  upon 
the  leisure  of  the  magistrate.  The  parties,  how- 
ever, might  defer  the  day  (icvpid)  by  mutual  con- 
sent (Dem.  c,  Pkaen,  p.  1042.)  Upon  the  court 
being  assembled,  the  magistrate  called  on  the  canse 
(PUtner,  Prooeu  und  Klagen^  vol.  i.  p.  182),  and 
the  plaintiff  opened  his  case.  At  the  commence- 
ment of  the  speech,  the  proper  officer  (6  i^*  S8«p) 
filled  the  clepsydra  with  water.  As  long  as  the 
water  flowed  firam  this  vessel,  the  orator  was  per- 
mitted to  speak  ;  i^  however,  evidence  was  to  be 
read  by  the  officer  of  the  court,  or  a  Uw  recited, 
the  water  was  stopped  till  the  speaker  recommenced. 
The  quantity  of  water,  or,  in  other  words,  the  length 
of  the  speeches,  was  not  by  any  means  the  same 
in  all  causes:  in  the  speech  against  Macartatus, 
and  elsewhere,  one  amphora  only  was  deemed 
sufficient ;  eleven  are  mentioned  in  the  impeach- 
ment of  Aeschines  for  misconduct  in  his  embassy. 
In  some  few  cases,  as  those  of  KdUcoMrif,  according 
to  Harpocration,  no  limit  was  prescribed.  The 
speeches  were  sometimes  interrupted  by  the  cry 
KordSa — ** go  down,*'  in  effect,  **  cease  spring** 
—  from  the  dicasts,  which  pUoed  the  advocate  in 
a  serious  dilemma ;  for  if  after  this  he  still  per- 
sisted in  his  address,  he  could  hardly  fiul  to  offend 
those  who  bid  him  stop  ;  if  he  obeyed  the  order, 
it  might  be  found,  after  the  votes  had  been  taken, 
that  it  had  emanated  from  a  minority  of  the 
dicasts.  (Aristoph.  Feap.  973.)  After  the  speeches 
of  the  advocates,  which  were  in  general  two  on 
each  side,  and  the  incidental  reading  of  the  docu- 
mentary  and  other  evidence,  the  dicasts  proceeded 
to  give  their  judgment  by  ballot     [PsaPHOS.] 

When  the  principal  point  at  issue  was  decided  in 
jbvourof  the  plaintifi^  there  followed  in  many  cases 
a  further  discussion  as  to  the  amount  of  damages, 
or  penalty,  which  the  defendant  should  pay. 
[TiMaicA.]  The  method  of  voting  upon  this 
question  seems  to  have  varied,  in  that  the  dicasts 
ased  a  small  tablet  instead  of  a  balbt-ball,  upon 


DICTATOR. 

which  those  that  approved  of  the 
drew  a  long  line,  the  others  a  short 
Vesp.  167.)  Upon  judgment  bein^ 
vate  suit,  the  Atnenian  law  left  its 
much  in  the  hands  of  the  successful 
empowered  to  seize  the  movables  o 
as  a  pledge  for  the  payment  of  the  \ 
tute  an  action  of  ejectment  {i^o6K 
refractory  debtor.  The  judgment 
dicasts  was  in  general  decisive  (S(i 
but  upon  certain  occasions,  as,  for  ii 
gross  case  of  peijuiy  or  conspiracy  < 
by  the  unsuooessfiil  party  to  have 
disadvantage,  the  cause,  upon  the 
such  conspirators  or  witnesses,  i 
mencedi/tfjiopo.  [Appbllatio  (Oi 
dition  to  which,  the  party  against  i 
had  passed  by  de&ult,  had  the  p 
the  cause,  upon  proving  that  his 
in  court  was  inevitable  (riiw  ip^ 
PUtner,  Process  tmd  Klagea^  vol.  L 
however,  was  to  be  exercised  wiUi 
after  the  original  judgment  If  tl 
willing  to  rder  the  matter  to  an 
Tirr^j),  it  vras  in  the  power  of 
to  transfer  the  proceedings  as  the 
officer  ;  and  in  the  same  way,  if  thi 
sidered  the  matter  in  hand  too  hi§ 
might  refer  it  to  the  ^Uraytiy^^^  to 
him  before  an  heliastic  court  Th 
proceedings  before  the  diaetetes  we 
those  before  the  dicasts,  and  bore  eq 
of  tiicn :  but  it  seems  that  the  phr 
r^¥  11^  oiiray  is  peculiarly  applied  t 
a  canse  before  the  umpire  in  whicfa 
passed  by  default 

The  following  are  the  principal 
public  and  private,  which  we  read  o 
writers,  and  which  are  briefly  di 
their  several  heads : — 

Aim)  or  rpap^  —  *A6ueiea  rpil 
*Ay9t9pyiov :  *Aypaiplov :  *Ayp4p* 
AUcias:  *A\oylov:  *AfifX^c«#s:  V 
ysfyrjs :  *AyavfiaxM>v :  'Ap^ptarcSu 
ir^«y;  *AwaT4<rc«s  rov  8i}ftov :  *Af 
X«(^c«s:  *Aw<nr4fii^fvs:  ^Awoirrturi 
crtov:  *Apylas:*Apyvplov;  *A<rtitlas 
AifTOfAoXias:  AinortK'fis :  BcAiM^ 
B\deris:  BovXc^cws:  Kwcriyopias 
Ktucorsxyuiy ',  Kdfnrov:  KoraX^ct 
Karcuricosr^f :  Xp4ovs :  X«p(ov :  K> 
fiov:  AciXiot:  Ad^mvi  Ampo^€ti 
'EroiKiov :  *Ewtrpiiipapx:fifJun'os :  'Er 
yttyris:  *E^aip4<rHi»% :  *E{dvXi|f :  *Apmt 
'ErtufrfiiTMots :  'UpoavXias :  *T»oitoA 
Aciroftopn^iov :  Aciroyovrfov :  A 
A«iirora^(ov :  MttrBovi  MiadAirues 
Xc'at :  fiofilfffWTosiiapBopas :  Oiicia 
B^KTis :  IhtpayoUu :  Tlapay6iug¥  :  n< 
Uapuaypaipvis  I  ^opfidKtnfz  4^i«v:  * 
icol  fitOtififplm/is :  ^Sopas  rwr  i\€V 
ymylas :  Upodofflas  :  Tlpo€iir^opas :  1 
teyypoi^ris :  VtvioKXr/rklas :  Yn 
*PriTopuHi:  ^Kvpla:  Mrov:  Svm^ 
Aciitfv,  or  ^vyBriKwr  wapalSdffHts:  1 
Tpovoias :  TvpionflZos, 

DICROTUM.    [NAvia.] 

DICTATOR,  an  extraordinftiy 
Rome.  The  name  is  of  Latin  origii 
flee  probably  existed  in  many  Latin  I 
was  introduced  into  Rome  (Dieoyi. 


DICTATOIL 

fiod  it  in  Lmnriiim  even  in  jery  hte  ^met  (Cic 
fn  MiL  10).  At  Kome  this  magistiBte  wu  ori- 
ginllj  called  mapater  jiopmli  and  not  didaior^  and 
D  the  ncred  bodu  he  was  always  derignated  by 
the  fcnncr  name  down  to  the  latest  timeib  (Cic. 
diRt^li%  d0Leff,m,  3,  de  Fm,  in.  22  ;  Var. 
LL  T.  82,  ed.  MiiUer  ;  Festoi,  «. «.  cpiima  leg, 
p.I98,ed.MiiI]er.) 

On  the  ettablithment  of  the  Roman  lepablic 
the  goTcnnaent  of  the  state  waa  entrusted  to  two 
easBhythat  the  dtisena  might  be  the  better  pro- 
tected ^^ainst  the  Qrrannical  exerdse  of  the  supreme 
pover.  Bet  it  waa  soon  felt  that  circumstanees 
a^t  ante  in  which  it  waa  of  importance  for  the 
Bi&tT  of  tlie  alato  th«t  the  goTeinment  ahonld  be 
retted  in  the  handa  of  a  sinj^e  person,  who  ahonld 
jtmea  ftr  a  aeaaon  abaolnte  power,  and  from  whose 
decisioa  there  aboold  be  no  appeal  to  any  other 
bodj.  Thus  it  came  to  paaa  that  m  B.C.  501, 
siae  Tcan  after  the  expulsion  of  the  Tarqnina,  the 
didaiiDnhip(<fiieAitera)  waa  hiatitated.  The  name 
«f  the  fizat  dictator  and  the  immediate  reaaon  of  hia 
appointBiait  were  diflSerently  stated  in  the  annalista. 
The  oideit  anthoritiea  mention  T.  Larena,  one  of 
tlie  aanls  of  the  year,  as  the  firat  dictator,  bnt 
eiben  ascribed  thia  honour  to  M\ Valerius.  (Lir.  ii. 
18.)  Lny  acatea  {L  e.)  that  a  foimidable  war  with 
the  LatiDs  led  to  the  appointment ;  and  he  also 
fjsoad  mentioned  in  the  aimab  that  the  consuls  of 
this  Tear  woe  suapected  of  beloi^[ing  to  the  party 
of  the  Tar^ina  ;  bnt  in  the  ktter  caae  T.  Larciua 
cfnid  not  have  been  one  of  the  consuls.  Dionysius 
rditeiat  length  (t.  63—70)  that  the  pleba,  who 
vere  oppteased  by  the  weight  of  their  debta,  took 
aJTantage  of  the  danger  of  the  republic  to  obtain 
«nK  nitigatiaii  of  dieir  anfierinn,  and  leiuaed  to 
aerre  ia  the  army,  and  that  thereupon  recoarae 
VII  had  t»  a  dictator  to  bring  them  to  their  duty. 
Bat  a  Liry  makea  no  mention  of  any  internal 
dktathaaeca  in  this  year,  and  does  not  speak  of 
aaj  connodons  on  account  of  debts  till  four  years 
Bbie|;aently,  we  may  conclude  that  Dionysius  bas 
in  thtt  case,  as  he  haw  in  many  others,  deserted  the 
unliitB  ia  order  to  gire  what  appeared  to  him  a 
aore  ntiafeetflsy  reason.  It  ia  true  that  the  pa- 
tridiBi  fre^sently  availed  themaelrea  of  the  dic- 
tatonhip  aa  a  means  of  oppreaaing  the  pleba  ;  but 
it  is  certunly  unneeeaaary  to  aeek  the  fint  institn- 
tioa  of  the  oflke  in  any  other  cause  than  the  simple 
oae  aioitiQned  by  Livy,  namdy,  the  great  danger 
vith  which  the  state  was  threatened.  Modem 
Khobn  hare  stated  other  reasons  for  the  establish- 
Beot  flf  the  dictatorship,  which  are  so  purely  con- 
jectflial  and  possess  such  little  inherent  probability, 
thst  they  do  not  require  any  refutation.  Thus 
Niebnhr  hdm  (ffitL  of  Borne,  vol.  L  p.  564)  from 
the  Romaa  dictator  being  appointed  only  for  six 
iBwths,  that  he  was  at  the  head  both  of  Rome  and 
of  the  Utin  league,  and  tiiat  a  Latin  dictator  pos- 
<<Bed  the  supreme  power  for  the  other  six  months 
of  the  year;  bnt  this  supposition,  independent  of 
ether  cooddetatians,  is  contradicted  by  the  fiict, 
that  in  the  year  in  which  the  dictator  was  iirst  ap- 
fointed,  Roine  and  the  Latins  were  preparing  for 
var  with  ooe  saothec  In  like  manner  Huschke 
{Vafommg  d,  Seruns  TUZnu,  pi  516)  starts  the 
f^OB^  hypothesis,  that  the  dictatorship  was  part  of 
the  oonatitBUflB  of  Serrins  Tullius,  and  that  a  dic- 
^tewai  to  he  nominated  erery  decennium  for  the 
pUfoae  of  fixing  the  efavms  anmUU  and  of  hdding 


DICTATOft. 


405 


By  the  original  law  respecting  the  appointment 
of  a  dictator  {Isx  de  dieiaton  ereamdo)  no  one  was 
eligible  for  this  office,  unless  he  had  preriously 
been  consul  (Liv.  il  18).  We  find,  howerer,  a 
few  instances  in  which  this  law  was  not  obaerred. 
(See  e,g,  Lir.  iv.  26,  48,  ril  24.)  When  a  dic- 
tator was  considered  necessary,  the  senate  passed  a 
senatus  oonsnltnm  that  one  of  the  consuls  should 
nominate  {dicen)  a  dictator  ;  and  without  a  pre- 
▼ions  decree  of  the  senate  the  consub  had  not  the 
power  of  naming  a  dictator,  although  the  contrary 
used  to  be  ass^ted  in  most  worits  on  Roman  an> 
tiquitiea.  In  almost  all  cases  we  find  mention  of 
a  prerious  decree  of  the  senate  (see  a.  p,  il  30,  iv. 
17,  21,  28,  26,  57,  tL  2,  vii.  21,  viii.  17,  ix.  29, 
X.  1 1,  xxiL  57) ;  and  in  the  few  instances,  in  which 
the  i^pointment  by  the  consul  is  alone  spoken  of, 
the  senatus  consultum  is  probably  not  mentioned, 
simply  because  it  was  a  matter  of  course.  Niebuhr 
indeed  su|jposes  {Hist,  of  Romey  vol.  i.  p.  567) 
that  the  dictator  was  originally  created  by  the 
curiae,  like  the  kings.  Accordmg  to  his  Tiew  the 
senate  proposed  a  person  as  dictator,  whom  the 
curiae  elected  and  the  consul  then  proclaimed 
(dixU) ;  and  after  this  proclamation  the  newly 
elected  magistrate  reeeired  the  imperium  from  the 
curiae.  Niebuhr  further  supposes  that  the  right  of 
conferring  the  imperium  may  have  led  the  curiae 
to  dispense  with  voting  on  the  preliminary  nomina- 
tion of  the  senate.  But  this  election  of  the  die* 
tator  by  the  curiae  .is  only  supported  by  two  pas- 
sages, one  of  Dionysius  and  the  other  m  Festus, 
neither  of  which  is  conclusive  in  fiivour  of  Niebuhr^s 
view.  Dionysius  simply  says  (v.  70)  that  the  dic- 
tator should  be  one  **'  whom  the  senate  should 
nominate  and  the  people  approve  of**  (dviif^cV- 
TijTflu),  but  this  may  merely  refer  to  the  granting 
of  the  imperium  by  the  curiae.  In  Festus  (p.  1 98) 
we  read  **  M.  Viderius  —  qui  primus  magister  a 
populo  creatus  est ;  **  bnt  even  if  there  were  no 
comption  in  this  passage,  we  need  only  under- 
stand  that  a  dictator  was  appomted  in  virtae  of  a 
senatus  consultum,  and  certainly  need  not  suppose 
that  by  popuius  the  curiae  are  intended:  there 
can  however  be  hardly  any  doubt  that  the  passage 
is  corrupt,  and  that  the  true  reading  is  **  qai 
primus  tuagitter  popwU  creatus  est.**  We  may 
therefore  saiely  reject  the  election  by  the  curiae. 

The  nomination  or  proclamation  of  the  dictator 
by  the  consul  waa,  however,  neceasary  in  all  cases. 
It  was  always  made  by  the  consal,  probably  with- 
out any  witnesses,  between  midnight  and  m<»iiing, 
and  with  the  observance  of  the  auspices  (my^eaa  or 
oriene  noete  tUenHo  *  dietatorem  dieehaty  Liv.  viii. 
23,  ix.  38,  xxiii.  22  ;  Dionys.  x.  11).  The  tech- 
niod  word  for  this  nomination  or  proclamation  was 
dieere  (seldom  ereare  m  facers).  So  essential  was 
the  nomination  of  the  consuls,  that  we  find  the 
senate  on  one  occasion  having  recourse  to  the  tri- 
bunes of  the  people  to  compel  the  consuls  to  nomi- 
nate a  dictator,  when  they  had  refused  to  do  so 
(Liv.  iv.  26)  ;  and  after  the  battle  at  the  lake 
Trasimenns,  when  all  communication  with  the  sur- 
viving consul  was  cot  off,  the  senate  provided  for 
the  emergency  by  causing  the  people  to  elect  a 
prodietaior,  because,  says  Livy,  the  people  could 
not  elect  (ereare)  a  dictator,  having  never  up  to 
that  time  exercised  such  a  power  (Liv.  xxii.  8). 

•  Respecting  the  meaning  of  silentium  in  rela- 
^  tion  to  the  auspices,  see  Auguk,  p.  176,  b. 
D  D  3 


406 


DICTATOR. 


In  the  same  spirit  it  became  a  qaestion,  whether 
the  tribuni  militum  with  consular  power  could 
nominate  a  dictator,  and  they  did  not  venture  to 
do  so  till  the  augurs  had  been  consulted  and  de- 
clared it  allowable  (Liv.  iv.  21).  The  nomination 
of  Sulla  by  an  interrex  and  of  Caesar  by  a  praetor 
was  contrary  to  all  precedent  and  altogether  illegal. 
(Comp.  Cic  ad  Attix,  15.)  The  senate  seems  to 
have  usually  mentioned  in  their  decree  the  name 
of  the  person  whom  the  consul  was  to  nominate 
(Liv.  iv.  17,21,23,  46,  vi.  2,  vil  12,  viil  17,  ix. 
29,  X.  11,  xxiL  57)  ;  but  that  the  consul  waa  not 
absolutely  bound  to  nominate  the  person  whom  the 
senate  had  named,  is  evident  from  the  cases  in 
which  the  consuls  appointed  persons  in  opposition 
to  the  wishes  of  the  senate  (Liv.  viil  12,  Epit 
19  s  Suet  Tib.  2.)  It  is  doubtful  what  rule  was 
adopted,  or  whether  any  existed,  for  the  purpose 
of  determining  which  of  the  two  consuls  should 
nominate  the  dictator.  In  one  case  we  read  that 
the  nomination  was  made  by  the  consul  who  had 
the  fasces  (Liv.  viii^  12),  in  another  that  it  was 
decided  by  lot  (iv.  26),  and  in  a  third  that  it  waa 
matter  of  agreement  among  themselves  (iv.  21). 
In  later  times  the  senate  usually  entrusted  the 
office  to  the  consul  who  was  nearest  at  hand.  The 
nomination  took  place  at  Rome,  as  a  general  rule  ; 
and  if  the  consuls  were  absent,  one  of  them  was 
recalled  to  the  city,  whenever  it  was  practicable 
(Liv.  vii.  19,  xxiii.  22)  ;  but  if  this  could  not  be 
done,  a  senatns  consultum  autjiorising  the  appoint- 
ment was  sent  to  the  consul,  who  thereupon  made 
the  nomination  in  the  camp.  (Liv.  vii.  21,  viil  23, 
.ix.  38,  XXV.  2,  xxvil  5.)  Nevertheless,  the  rule 
was  maintained  that  the  nomination  could  not  take 
pUice  outside  of  the  Apet  Romemui,  though  the 
meaning  of  this  expression  was  extended  so  as  to 
include  the  whole  of  lUUta.  Thus  we  find  the 
senate  in  the  second  Punic  war  opposing  the  nomi- 
nation of  a  dictator  in  Sicily,  because  it  was  out- 
side of  the  ager  Romanus  (extra  agrum  Ronumum — 
turn  auiem  Italia  temuHariy  Liv.  xxvii.  5). 

Originally  the  dictator  was  of  course  a  patrician. 
The  first  plebeian  dictator  waa  C.  Marcius  Rutilus, 
nominated  in  B.  c.  356  by  the  plebeian  consul  M. 
Popillius  Laenas.     (Liv.  vil  17») 

The  reasons,  which  led  to  the  appointment  of  a 
dictator,  required  that  there  should  be  only  one  at 
a  time.  The  only  exception  to  this  rule  occurred 
in  B.  a  216  after  the  battle  of  CJannae^  when  M. 
Fabius  Buteo  was  nominated  dictator  for  the  pur- 
pose />f  filling  up  the  vacancies  in  the  senate,  al- 
though M.  Junius  Pera  was  dischai^ing  the  regular 
.duties  of  the  dictator ;  but  Fabius  resigned  on  the 
day  of  his  nomination  on  the  ground  that  there 
could  not  be  two  dictators  at  the  same  time.  (Liv. 
xxiil  22,  23  ;  Plut  F^.  9.)  The  dictators  that 
were  appointed  for  carrying  on  the  business  of  the 
state  werewtid  to  be  nominated  rei  gerundae  oautoy 
or  sometimes  aeditionis  mdemdae  txnua ;  and  upon 
them,  as  well  •  as  upon  the  other  magistrates,  the 
imperium  was  conferred  by  a  Lem  Curiata,  (Livi 
ix.  38,  39  ;  Dionys.  v.  70.)  Dictators  were  also 
frequently  appobted  for  some  special  purpose,  and 
frequently  one  of  small  importance,  of  whom  fur- 
ther mention  will  be  made  below.  At  present  we 
confine  our  remarks  to  the  duties  and  powers  of 
the  dictator  rei  gerundae  causa. 

The  dictatorship  was  limited  to  six  months  (Cic 
ds  Lag.  iii.  3  ;  Liv.  iii.  29,  ix.  84,  xxiil  23  ;  Dio- 
nys. T.  70,  x.  26  ;  Dion  Cass,  xxxvl  17,  xlil  21  ; 


DICTATOR. 

Zonar.  vil  13),  and  no  instances  c 
person  held  this  office  for  a  longer  tii 
dictatorships  of  Sulla  and  Oesar  are  of 
to  be  taken  into  account  On  the  contra 
a  dictator  was  appointed  for  six  month 
resigned  his  office  long  previously,  in 
after  he  had  despatched  the  business  fbi 
had  been  appointed.  (Liv.  iii  29,  ir.  4 
As  soon  as  the  dictator  was  nominated, 
suspension  took  place  with  respect  to  t 
and  all  the  othtf  magistrates,  with  the 
of  the  tribuni  plebis.  It  is  freqnei 
that  the  duties  and  functions  of  all  th 
magistrates  entirely  ceased,  and  some  w 
even  gone  so  far  as  to  say  that  the  coi 
cated  (Polyb.  iii  87  ;  Cic.  is  Leg.  iii  Z 
▼.  70,  72)  ;  but  this  is  not  a  correct  waj 
the  £scts  of  the  case.  The  regular  x 
continued  to  dischaige  the  duties  of  th 
offices  under  the  dictator,  bat  they  wen 
independent  officers,  but  were  subject  to 
imperium  of  the  dictator,  and  obliged  t 
orders  in  every  thing.  We  often  find  t] 
and  the  consuls  at  the  head  of  separate 
the  same  time,  and  carrying  on  war  mdc 
one  another  (Liv.  il  30,  viil  29)  ;  wi 
the  soldiers  levied  by  the  dictator  took  1 
allegiance  to  the  consul  (Liv.  il  32),  an 
consuls  could  hold  the  consular  comitk 
dictatorship.  (Liv.  xxiil  23.)  AO  this 
the  consuls  did  not  resign  their  functiom 
they  were  subject  to  the  imperium  of  thi 
and  accordingly,  as  soon  as  the  dictator 
they  again  entered  forthwith  into  the  fi 
sion  of  the  consular  power. 

The  superiority  of  the  dictator^  powei 
the  consuls  consisted  chiefly  in  the  thra 
points  —  greater  independence  of  the  se 
extensive  power  of  punishment  withou 
peal  (proeoooltb)  from  their  sentence  to  1 
and  irresponsibility.  To  these  three  po 
of  course  be  added  that  he  was  not  fettere< 
league»  We  may  naturally  suppose  tha 
tator  would  usually  act  in  unison  with  tl 
but  it  is  expressly  stated  that  in  many  o 
the  consuls  required  the  co*operatioD  of  \ 
the  dictator  could  act  on  his  own  Tet| 
(Polyb.  iii  87.)  For  how  long  a  tim< 
tatorship  was  a  magietraiua  time  proct 
uncertain.  That  there  was  originally 
from  the  sentence  of  the  dictator  is  cc 
accordingly  the  lictors  bore  the  axes  in 
before  them  even  in  the  city,  as  a  syml 
absolute  power  over  the  lives  of  the  ci 
though  by  the  Valerian  Uw  the  axes 
peared  from  the  fasces  of  the  consula.  ( 
29,  iii.  20  ;  Zonar.  vil  13  |  Dionya. 
Pompon,  de  Orig.  Jur.  §  1 R.)  That  an  a{ 
wards  Uy  from  their  sentence  to  the 
expressly  stated  by  Festns  (e.  e.  opHmu 
it  has  been  supposed  that  this  pm 
granted  by  the  lex  Valeria  Horatia,  pi 
the  abolition  of  the  decemviiate  in 
which  enacted  ''ne  quis  tUbtm  magkt 
provocatione  crearet"  (Liv.  iii.  15). 
years  afterwards  the  dictatorship  is  spok 
magiitraiue  tine  protoeatiome;  and  thi 
stance  in  Livy  (viil  83 — 34)  in  which 
tor  h  threatened  with  provocatio,  certa 
not  prove  that  this  was  a  legal  r^kt ; 
pirius,  who  was  then  dictator,  tftated  i 


DICTATOR. 

latw  u  an  iiifrBigmeBt  of  tli«  ngiiti  of  his  office. 
We  vmj  thcrefcre  lappoM  that  the  Lek  Valeria 
n«atia  only  apfAied  to  the  legnlar  magistEvciee, 
aod  that  the  dkialianhip  was  regarded  as  exempt 
torn  it.  Whether  however  the  nght  of  prwaooaHo 
iras  afterwarda  xivcn,  or  the  statement  in  Festus 
is  aa  ener,  cannot  be  determined.  In  connection 
vith  the  pnnooatio  there  arises  another  question 
retpectx^  the  lelatMm  of  the  dictatonhip  to  the 
tribones  of  die  plebs.  We  know  that  the  tribunes 
coBtiaiied  is  office  daring  a  dictatorship ;  but  we 
hare  no  leaaon  to  bdiere  that  they  haid  any  cen- 
tred over  a  dietator,  or  coold  hiunper  his  pro- 
c^diags  by  their  imkavetM  or  MutZnuN,  as  tney 
could  m  Uie  caae  of  the  conanls.  The  few  in- 
•tanees»  which  appear  to  prore  the  contrary,  are 
to  be  espbiaed  in  a  difierent  manner,  as  Becker 
has  shown.  That  the  tribones  eontinned  in  office  as 
iadgyndcnt  mi^iatrBtes  during  a  dictatorship,  while 
sH  the  other  mmpstiates  became  simply  the  officers 
c^  the  dictator,  is  to  be  exphmed  by  the  feet,  that 
the  Jcur  dis  dtekUort  cmmdo  was  passed  before  the 
iastttation  of  the  triboneship  of  the  plebs,  and 
consequently  made  no  mention  of  it,  and  that  as  a 
dictator  was  appointed  in  Tirtne  of  a  senatos  oon- 
seltma,  the  senate  had  no  power  orer  the  tribunes 
of  the  pielia,  though  they  could  suspend  the  other 


DICTATOR. 


407 


it  has  been  already  stated  that  the  dictator  was 
inesponsible,  that  ia,  he  was  not  liable  after  his 
abdication  to  be  called  to  aoconnt  for  any  of  his 
eflbisl  acts.  This  is  expressly  stated  by  ancient 
^ten  (Zonar.  Tii.  IS,  Dionys.  t.  70,  yil  56 ; 
Plat  #h6. 3 ;  Apfuan,  B.  C.  ii.  23),  and,  even  if  it 
had  not  been  stated,  it  would  Miow  from  the  very 
Batore  of  the  dictatocshipu  We  find  moreover  no 
iBstaaeereeorded  in  which  a  dictator  after  his  re- 
sifBstion  was  made  answerable  for  the  misuse  of 
his  power;  with  the  exception  of  Camillus,  whose 
CBK  however  was  a  very  peculiar  one.  (Compere 
Becker,  ASansdL  AlUrik,  vol  ii.  part  il  pi  172.) 

It  was  in  consequence  of  the  great  and  ine* 
spsosible  power  posscascd  by  the  dictatorship,  that 
ve  find  it  frequently  compared  with  the  regal 
dignity,  from  which  it  only  differed  in  being  held 
ibr  a  limited  time.  (Cic.  de  Rep,  iL  32  ;  Zonar. 
vii.  13  ;  Dicnya.  t.  70, 73  ;  Appiaa,  B,  C,  1 99  ; 
TacL  Awm,  i  1.)  There  were  however  a  few 
limits  to  the  power  of  the  dictator.  1.  The  most 
iffiportutt  was  that  which  we  have  often  men* 
tioaed,  that  the  period  of  his  office  was  only  six 
iDontlHb  2:  He  nad  not  power  over  the  treasury, 
hot  couU  only  make  use  of  the  money  which  was 
panted  him  by  the  senate.  (Zonar.  vit  13.)  3. 
He  was  not  allowed  to  leave  Italy,  since  he  might  m 
tkst  case  easily  become  dangerous  to  the  republic 
(Dim  Ossa.  xzxvi  17)  ;  tlmugh  the  case  of  Ati- 
Hii  Cahtinus  in  the  first  Pvunic  war  forms  an 
exeepliaB  to  this  rule.  (Li v.  EpiL  19.)  4.  He 
was  not  allewed  to  ride  on  horseback  at  Rome, 
aithont  previously  obtaining  the  pennission  of  the 
people  (liv.  xxrii.  14  ;  Zonar.  viL  13)  ;  a  ro- 
galation  apparently  capricious,  but  perhaps 
adopted  that  he  might  not  bear  too  great  a  resem- 
biaaee  to  the  kings,  who  were  accustomed  to  ride. 
The  insignia  of  the  consuls  were  nearly  the  same 
is  those  of  the  kings  in  eariier  times  ;  and  of  the 
consols  subsequently.  Instead  however  of  having 
mlv  twelve  lictora,  as  was  the  case  with  the  con- 
nia,  he  was  preeeded  by  twenty-feor  bearing  the 
iecarss  as  well  as  the  feves.     The  wiJla  aaru/ig 


and  toga  prcmttglt^  tho  belonged  to  the  dictator. 
(Polyb.  iii.  87  ;  Dionys.  x.  24  ;  Pint.  /^.  4 ; 
Appian,  B.  C.  1 100  ;  Dion  CassL  Uv  1.). 

The  preceding  account  of  the  dictatorship  ap- 
plies more  partioilarly  to  the  dictator  rei  gerundae 
causa ;  but  dictators  were  also  firequeutly  appointed, 
especially  when  the  consuls  were  absent  from  the 
d^,  to  perfonn  certain  acts,  which  could  not  be  done 
by  any  inferior  magistrate.  These  dictators  had 
little  more  than  the  name  ;  and  as  they  were  only 
appointed  to  dischaxge  a  particular  duty,  they  had 
to  resign  immediately  that  duty  was  performed, 
and  they  were  not  entitled  to  exocise  the  povrer 
of  their  office  in  reference  to  any  other  matter  than 
the  one  for  which  they  were  nominated.  The  oc- 
casions on  which  such  dictaton  were  appointed, 
were  principally :  —  1 .  For  the  purpose  of  holding 
the  comitia  fiir  the  elections  (eomitionim  Aaisa- 
domm  etnua).  2.  For  fixing  the  damu  amuUig  in 
the  temple  of  Jupiter  (elan/iffmdi  eamta)  in  times 
of  pestilence  or  civil  discord,  because  the  law  said 
that  this  eerem<my  was  to  be  performed  by  the 
praetor  nummm$,  and  after  the  institution  of  the 
cUctatorship  the  hitter  was  regarded  as  the  highest 
magistracy  in  the  stote  (Liv.  vil  3).  3.  For 
appointing  holidays  {JMarum  eom§tUu«mlarum 
cuaua)  on  the  appesoance  of  prodigies  (Liv.  viL 
28),  and  for  officiating  at  the  public  games  (/a- 
dorum /udmdorum  otnwi),  the  presidency  of  which 
belonged  to  the  consuls  or  praetors  (viii.  40,  ix. 
34).  4.  For  holding  trials  (quaaiiombms  ersram- 
dM,  ix.  36).  5.  And  on  one  occasion,  for  filling  up 
vacancies  in  the  senate  (legendo  amaitdy  xxiil  22)w 

Along  with  the  dictator  there  was  always  a 
moffider  ^^uitMm^  the  nomination  of  whom  vras  left 
to  the  choice  of  the  dictator,  unless  the  senatus  con- 
sul tum  specified,  as  was  sometimes  the  case,  the  name 
of  the  person  who  was  to  be  appointed  (Liv.  viii 
17,  xxii.  57).  The  magister  equtam  had^  like  the 
dictator,  to  receive  the  impcrium  by  a  lex  curiata 
(Liv.  ix.  38).  The  dictator  could  not  be  without 
a  magister  equitum,  and,  consequently,  if  the  latter 
died  during  the  six  months  of  the  dictatorship, 
another  had  to  be  nominated  in  his  stead.  The 
magister  equitum  was  subject  to  the  imperium  of 
the  dictator,  but  in  the  absence  of  his  superior  he 
became  hu  representative,  and  exercised  the  same 
powers  as  the  dictator.  On  one  occasion,  shortly  be- 
fore legal  dictators  ceased  to  be  appointed,  we  find 
an  instance  of  a  magister  equitum  being  invested 
with  an  imperium  equal  to  that  of  the  dictator,  so 
that  there  were  then  virtually  two  dictators,  but 
this  is  expressly  mentioned  as  an  anomaly,  which 
had  never  occurred  before  (Polyb.  iii.  103,  106). 
The  rank  which  the  magister  equitum  held  among 
the  other  Roman  magistrates  is  doubtful.  Nie- 
buhr  asserts  (ycL  ii.  p.  390)  **  no  one  ever  sup- 
posed that  his  office  was  a  cnrule  one  ;**  and  if  he 
is  right  in  supposing  that  the  consular  tribunate 
vnis  not  a  cunue  office,  his  view  is  supported  by 
the  account  in  Livy,  that  the  imperium  of  the 
magister  equitum  was  not  regarded  as  superior  to 
that  of  a  consular  tribune  (vi.  39).  Cicero  on  the 
contrary  places  the  magister  equitum  on  a  par 
with  the  praetor  (de  Leg.  iii.  3) ;  and  after  the 
establishment  of  the  praetorship,  it  seems  to  have 
been  considered  necessary  thiU  the  person  who 
was  to  be  nominated  magister  equitum  should 
previously  have  been  praetor,  just  as  the  dictator, 
according  to  the  old  law,  had  to  be  chosen  from  the 
consukrs  (Dion  Cass,  xlii^  21).  Accordingly,  we 
D  D  4 


408 


DIES. 


lind  at  a  later  time  tbit  the  magitter  equitom  had 
the  insignia  of  a  praetor  (Dion  Cass,  xlit  27)* 
The  magister  equitam  was  originally,  as  his  name 
imports,  the  commander  of  the  cavalry,  while  the 
dictator  was  at  the  head  of  the  legions,  the  in- 
fantry (Liy.  iii.  27),  and  the  relation  between 
them  was  in  this  respect  similar  to  that  which 
sabsisted  between  the  king  and  the  tribunos 
oelerum. 

Dictators  were  only  appointed  so  long  as  the 
Komans  had  to  carry  on  wan  in  Italy.  A  solitaiy 
instance  occurs  in  the  first  Pmiic  war  of  the  nomi- 
nation of  a  dictator  for  the  purpose  of  carrying 
on  war  out  of  Italy  (Liv.  Epit.  19)  ;  but  this  was 
never  repeated,  because,  as  has  been  already  re- 
narked,  it  was  feared  that  so  great  a  power  might 
become  dangerous  at  a  distance  from  Rome.  But 
after  the  battle  of  Tiasimene  in  B.a  216,  when 
Rome  itself  was  threatened  by  Hannibal,  recourse 
was  again  had  to  a  dictator,  and  Q.  Fabius  Maxi- 
mus  was  appointed  to  the  office.  In  the  next 
year,  &  c  216,  after  the  battle  of  Cannae,  M.  Ju- 
nius Pero  was  also  nominated  dictator,  but  this 
was  the  last  time  of  the  appointment  of  a  dictator 
Tei  genmdae  causa.  From  that  time  dictators 
were  frequently  appointed  for  holding  the  elections 
-down  to  B.  c.  202,  but  from  that  year  the  dictator- 
ahip  disappears  altogether.  After  a  hipse  of  120 
years,  Sulla  caused  himself  to  be  appointed  die* 
tator  in  B.  c.  82,  rtipubUcae  oonstUuendae  causa 
(Veil.  Pat  il  28),  but  as  Niebuhr  remarks,  '*  the 
title  was  a  mere  name,  without  any  ground  for 
such  a  use  in  the  ancient  constitution.**  Neither 
the  magistrate  (interrex)  who  nominated  him,  nor 
the  time  for  which  he  was  appointed,  nor  the  ex- 
tent nor  exercise  of  his  power,  was  in  accordance 
with  the  ancient  laws  and  precedents ;  and  the 
same  was  the  case  with  the  dictatorship  of  Caesar. 
Soon  after  Caesar^s  death  the  dictatorship  was 
abolished  for  ever  by  a  lex  proposed  by  the  consul 
Antonius  (Cic.  Phil,  I  I  ;  Liy.  EpiL  US  ;  Dion 
Cass.  xliv.  51).  The  title  indeed  was  oflfercd  to 
Augustus,  but  he  resolutely  refused  it  in  conse- 
quence of  the  odium  attached  to  it  from  the  tyranny 
of  Sulhi  when  dictator  (Suet  Aug.  52). 

During  the  time,  however,  that  the  dictatorship 
was  in  abeyance,  a  substitute  was  inTented  for  it, 
whenever  the  circumstances  of  the  republic  re- 
quired the  adoption  of  extnordinaiy  measures,  by 
the  senate  investing  the  consuls  with  dictatorial 
power.  This  was  done  by  the  well-known  formula, 
Videani  or  dent  cperam  oonswUty  ne  quid  nspvUiea 
detrimetUi  capiat   (Comp.  SalL  Catii.  29.) 

(The  preceding  account  has  been  mostly  taken 
from  Becker,  ffandlmeh  der  Kcmiadhen  AUer- 
tkumer,  vol.  ii.  partii.  p.  150,&c;  comp.  Niebuhr, 
ffitt,  of  AmM,  vol.  i  p.  563,  &c. ;  Odttling,  Ocs- 
vhic^tc  dm-  Homisch,  Staaiwerfastmip,  p.  279,  &c.) 

DICTY'NNIA  (9utT^yyia\  a  festival  with 
sacrifices,  celebrated  at  Cydonia  in  Crete,  in  honour 
of  Artemis,  sumamed  AlicTVPva  or  Auer^ypata, 
from  Wktvok,  a  hunter's  net  (Diodor.  Sic.  v.  76  ; 
compare  Strabo  x.  p.  479  ;  Pausan.  ii.  SO.  §  3.) 
Particulars  respectbg  its  celebration  are  not  known. 
Artemis  Alicrvvra  was  also  wonhipped  at  Sparta 
(Pans.  iiL  12.  §  7),  and  at  Ambmus  in  Phocis. 
(Paus.  X.  36.  §  3  ;  compare  the  Schol.  ad  Aristopk, 
Ran,  1284,  Vesp,  357  ;  and  Afeursius,  Crita, 
fi.S.)  [L.S.] 

DIBS  (of  the  same  root  as  Zt6s  and  (/ews.  Butt- 
nann,  MythoU  ii.  p.  74).     The  name  dies  was  ap- . 


DIES. 

plied,  like  oar  word  day,  to  the  tone  during  whiA 
according  to  the  notioos  of  the  ancients,  the  loi 
performed  his  course  round  the  earth,  and  tbi 
time  they  called  the  civil  day  {diet  crmKi,  in  Greek 
wjd^liktpov^  because  it  included  both  night  aik 
day.     See  Censorin.  DeDie  NaL  23  ;  Plin.  U.  X 
ii.  77,  79  ;  Varro,  De  Re  RmeL  I  28 ;  MaooK^ 
i.  3).      The  natural  day  (dies  Miterafci),  or  the 
time  firom  the  rising  to  the  setting  of  the  nm,  wn 
likewise  designated  by  the  name  diet.    The  ciril 
day  began  with  the  Greeks  at  the  setting  of  tb« 
sun,  and  with  the  Romans  at  midnight ;  with  tl)« 
Babylonians  at  the  rising  of  the  sun,  and  witii  tiie 
Umbrians  at  midday.    (Macrob.  L  &  ;  OeQisi,  iil 
2.)     We  have  here  only  to  consider  the  natonl 
day,  and  as  its  subdivisions  were  diffEient  at  dif- 
ferent times,  and  not  always  the  same  among  ibe 
Greeks  as  among  the  Romans,  we  shall  aideavoar 
to  give  a  brief  account  of  the  various  parti  m\a 
which  it  was  divided  by  the  Greeks  at  the  differ 
rent  periods  of  their  history,  and  then  proceed  t« 
consider  its  divisions  among  the  Romans,  to  irbieii 
wiU  be  subjoined  a  short  list  of  remarkable  dan. 
At  the  time  of  the  Homeric  poems,  the  natonl 
day  was  divided  into  three  parts  (/I  xzi.  iiJL 
The  first,  called  ^s,  began  with  sunrise,  and  com- 
prehended the  whole  space  of  time  daring  wbick 
light  seemed  to  be  increasing,  tL «.  till  midday.  (IL 
viii.  6€y  ix.  84,  Od,  ix.  56.)     Some  ancient  gnm- 
marians   have  supposed   that  in   some  inttanns 
Homer  used  the  word  iiAs  for  the  whole  day,  kt 
Nitzsch   (Ammoi'inuigem  xur  Odyme,  L  125)  hai 
shown   the    incorrectness   of  this   opinion.   Tbe 
second  part  was  called  fUvw  ^pap  or  middar,  dsr- 
uig  which  the   sun  was   thought  to  stand  itill 
(Hermins,  ad  Plat,  Phaedr,  p.  342.)    The  third 
part  bore  the  name  of  9tlKii  or  ScIcAat  ifup  (01 
xvii.  606  ;  compare  Buttmann^  LetUog.  ii.  n.  9o\ 
which  derived  iu  name  from  the  incrasied  warmth 
of  the  atmosphere.    The  last  pert  of  the  SciA^  i« 
sometimes  designated  by  the  words  »orl  Unpa 
or  fiov\vr6s  (Od,  rvil  191,  iixvi.  779).  Beadej 
these  three  great  dinsions  no  others  seem  to  have 
been  known  at  the  time  when  the  Homeric  poeiu 
were  composed.    The  chief  information  respedinj 
the  divisions  of  the  day  in  the  period  after  H<mer, 
and  more  especially  the  divisions  msde  by  the 
Athenians,  is  to  be  derived  from  Pollux  {0mm.  l 
68).     The  first  and  last  of  the  dirisiom  midj 
at  the  time  of  Homer  were  afterwards  mbdiridcd 
into  two  parts.    The  earlier  part  of  the  nwrabg 
was  termed  irpsrf"  or  *pA  ttJs  iip^pas:  ^^* 
wKfi$o6aiis  lilt  &7opas,  or  wtfi  wAiffiovm'h^ 
(Herod,   iv.   181  ;    Xen.  Mei»onk,  L  1.  §  1^ 
ffeOem,  L  1.  §  80  ;    Dion  Chrysost  OruL  Ixrul 
The  pdircr  ^pap  of  Homer  was  aftenrardi  eiprm- 
sed  by  pMVJipMpla^  p4<row  V^pof,  or  t»^W^ 
and  comprehended,  as  before,  the  middle  of  the  day, 
when  the  sun  seemed  neither  to  rise  nor  to  dcgjf. 
The  two  parts  of  the  afternoon  were  called  o*tti 
wpwtfl  or  irpoOa,  and  9flKii  ^  or  ^(a  (Herod, 
vii.  167,  viii.  6  ;   Thucyd.  iii.  74,  nil^i  ^^ 
pare  Libanina,  Epid,  1084).    This  division  con- 
tinued to  be  observed  down  to  the  latest  penodrt 
Grecian  history,   though  another  more  •J""^ 
diviaion,  and  more  adapted  to  the  P"'P°'*!  ^Tl 
mon  life,  was  introduced  at  an  early  vam ;  w 
Anaximander,  or  according  to  others  fe*°*'fj 
Anaximenea,  ia  said  to  have  made  the  Ow»>  •^ 
quainted  with  the  use  of  the  Babylonia  cwj^J; 
meter  or  sun-dial  (called  rifsoi  «  ^p^^^T^ 


DIES. 
KijirtJiBO  -mth  iht  epithet  <ncui$iiputiif  or  ^Xio- 
p^ifof)  bj  UMIM  of  vhich  the  natmal  day  waa 
diTxied  into  twdw  equal  spaces  of  time.  (Herod. 
£.  109  ;  Dieg.  LacH  iL  1.  3  ;  Plin.  H.  N,  ii  6. 
78 ;  Saidai»  «.  r.  'Am^i/ioi^pos.)  These  spaces 
v««,  of  coune,  loDger  or  shorter  according  to  the 
Tuims  aeaaons  of  Uie  year.  The  name  honn 
(fl^X  however,  did  not  eome  into  geneml  nse  till 
s  TVfT  late  pened,  and  the  difference  between 
ikatvnl  and  eqniDoetial  horn  was  first  observed  by 
tKe  Alexandriiie  sstnmomers. 

Dsxii^  the  early  ages  of  the  history  of  Borne, 

vben  artificial  means  of  dividing  time  were  yet 

B'^BowB,   the  nauiial  phenomena  of  increaarog 

hghx  and  darfatess  fonned  with  the  Romans,  aa 

v:^  the  Greeks,  the  standard  of  diviaion,  aa  we 

tee  fitsB  the  vagoe  expressions  in  Censorinus  (Z>0 

Die  N0L  24).     Plmy  states  (//.  N,  viL  60)  that 

ta  the  Twelve  Tables  only  the  rising  and  the 

srttiiif  of  the  sun  were  mentioned  as  the  two 

pons  inta  idiich  the  day  was  then  divided,  but  from 

Ceflsoriaos  {L  c)  and  Oellias  (zvil  2)  we  learn 

that  midday  (ateru/iw)  was  also  mentioned.  Varro 

{De  Lmff.  LaL  vi.  4,  5,  ed.  Muller ;  and  Isidor. 

ihi^  r.  30  and  31)  likewise  distinguished  three 

pam  of  dw  day,  viz.,  aioae,  msrUHes^  and  $ujmma^ 

kL  tmpeOn^  after  which  no  aaaembly  oonld  be 

hM  IB  the  Ibnim.     The  lex  Plaetoria  prescribed 

that  a  heiald  ahodd  prodaim  the  auprema  in  the 

ceaunora,  that  the  people  might  know  that  their 

aotiDg  aaa  to  be  adjoomed.     Bat  the  diviaion  of 

tbe  day  moat  generally  observed  by  the  Romana, 

v»  that  mto  kmjmt  antemeridiaamm  and  pomeri' 

dmnt,  the  meridie$  itaelf  being  only  considered 

u  a  point  at  which  the  one  ended  and  the  other 

eraaienced.    Bat  aa  it  waa  of  importance  that  thia 

maent  shonid  he   known,   an   especial  officer 

[AocxKKus]  was  appointed,  who  proclaimed  the 

time  of  midday,  when  from  the  curia  he  saw  the 

am  staadiag  between  the  roatia  and  the  graeco- 

itu'a.   The  diviaion  of  the  day  into  twelve  equal 

cpscea,  which,  here  aa  in  Greece,  were  ahorter  in 

waita-  tlian  ni  amnmer,  waa  adopted  at  the  time 

v^  anifidal  means  of  measuring  time  were  in- 

tr^Qced  among  the  Ronuuia  from  Greece.    Thia 

vu  abovt  the  year  B.  a  291,  when  L.  Paniriua 

Canv,  before  the  war  with  Pyrrhua,  brought  to 

Rnoean  ioatnnnent  called  solarium  horologium, 

or  limply  solariam.     (Plant.  <;qK  Gdiium,  ill  3. 

1 5 ;  Plin.  if,  iv:  Til  60.)      But  aa  the  solarium 

kad  been  made  fi>r  a  different  latitude,  it  showed 

^  time  St  Rome  retj  incorrectly.    (Plin.  L  o.) 

Snpu  Naiica,  therefore,  erected  in  B.  c.  169  a 

pablk  depsydxa,  which  indicated  the  hours  of  the 

nglit  as  veQ  aa  of  the  day.     (Onaorin.  c  23.) 

Befeie  the  erection  of  a  clepsydra  it  was  cus- 

t«auy  &r  one  of  the  subordinate  officers  of  the 

pneiv  to  fsoelaim  the  third,  sixth,  and   ninth 

ftwn ;  which  shows  that  the  day  was,  like  the 

iiifiitt  dirided  rate  finir  parts,  each  consisting  of 

^  boon.    See  Dissen"^  treatise,  De  PartUmt 

^«*»  d  Did  tag  Dituion&us  Vderum^  in  his 

^^  hOrimaABMrnd  Deuiad^  SekrifUn^  pp.  130, 

IdO.   C^Mnpare  the  article  Horolooiom. 

All  the  days  of  the  year  were,  according  to  dif- 
n^nt  points  of  view,  divided  by  the  Romans  into 
4ifeeat  dasseiL  Por  the  purpose  of  the  admini- 
^^'^^  of  jwtiee,  and  holding  assemblies  of  the 
people,  all  the  days  were  divided  into  dw  /iuit 

^K  rifTi  wen  ihe  days  on  which  the  praetor 


DIE& 


409 


was  aRowed  to  adminiater  juatioe  in  the  publie 
conrta  ;  they  derived  their  name  from  /ari  {fiai 
Iria  verba;  da,  dkio,  addko,  Ovid,  F<uL  L  45,  &&  ; 
Vairo^  De  Ling.  Lot,  vi.29,  30.  ed.  Mttller  ;  Ma- 
crob.  Sat.  I  16).  Gn  aome  of  the  diea  fiuti  comitia 
could  be  held,  but  not  on  all  (Gicero,^iSsa<.  15, 
with  the  note  of  Manutiua.)  Diea  might  be  fiuti 
in  three  difierent  ways :  1.  diee/aeti  proprie  el  tati 
or  simply  dieefauti^  were  days  on  which  the  prae- 
tor used  to  hold  his  courts,  and  could  do  so  at  all 
hours.  They  were  marked  in  the  RcMnan  calendar 
by  the  letter  F,  and  their  number  in  the  course  of 
the  year  was  38  (Niebuhr,  HiiL  ef  Bome^  ill 
p.  314)  ;  2.  diet  proprie  wed  noa  toHfatti^  or  diee 
mtereieiy  days  on  which  the  praetor  might  hold  his 
courts,  but  not  at  all  hours,  so  that  sometimes  one 
half  of  such  a  day  was  fiutus,  while  the  other  half 
was  nefiutns.  Their  number  was  65  in  the  year, 
and  they  were  marked  in  the  calendar  by  tl^  signs 
Fp^/;i«te«/>r»mo,  Np  ^nefaehu  primo^  £n  ^^en^ 
dotereieus=^  tsUerdmUy  Q.  Biex  C.  F  ^^gmmdo  Rea 
eomitio  f»giiy  or  tjpumdo  Hem  eomitiani  Jae^ 
Q.  Sl  Df  >bb  ^ttomip  jfareat  d^ertar;  3.  die$ 
%tm  proprie  eed  eatu  /iuH^  or  days  which  were 
not  fiMti  properly  spedting,  but  became  fiasti  ao- 
cidentally  ;  a  dies  comitialis,  for  instance,  might 
become  fiutus,  if  either  during  its  whole  course,  or 
during  a  part  of  it,  no  comitia  were  held,  so  that  it 
accordingly  became  either  a  dies  fiutns  totns,  or 
fiistus  ex  parte.  (Macrob.  SoL  I  16  ;  Varro,  />• 
Luiff.  LaL  L  e.) 

Dibs  nbfasti  were  days  on  which  neither 
courts  of  justice  nor  comitia  were  allowed  to  be 
held,  and  which  were  dedicated  to  other  purposes. 
(Varro,  /.  c.)  According  to  the  ancient  legends 
Uiey  were  said  to  have  been  fixed  by  Nuroa  Pom* 
pilhis.  (Tav.i.  19.)  From  the  remarks  made  above 
it  will  be  understood  that  one  part  of  a  day  might 
be  &stus  while  another  was  nc^tos.  (Ovid.  FaeL 
I  50.)  The  nwdinaA,  which  had  originally  been 
dies  fiisti  for  the  plebemns,  had  been  made  nefasti 
at  the  time  when  the  twelvemonths-year  was  in- 
troduced ;  but  in  B.  c.  286  they  were  again  made 
fasti  by  a  law  of  Q.  Hortensius.  (Macrob.  Sai.  l 
16.)  The  term  dies  nefasti,  which  originally  had 
nothing  to  do  with  religion,  but  simply  indicated 
days  on  which  no  courts  were  to  be  held,  was  in 
subsequent  times  applied  to  religions  days  in  ge- 
neral, as  dies  nefiuti  were  mostly  dedicated  to  the 
worship  of  the  gods.     (Gellius,  iv.  9,  v.  1 7.) 

In  a  religious  point  of  view  all  days  of  the  year 
were  either  dieefeeti^  or  diee  profeeti^  or  diee  inter' 
eieL  According  to  the  definition  given  by  Macro- 
bius,  dies  festi  were  dedicated  to  the  gods,  and 
spent  with  sacrifices,  repasts,  games,  and  other 
solemnities  ;  dies  profesti  belonged  to  men  for  the 
administration  of  their  private  and  public  affairs. 
They  were  either  dies/aaii,  or  oomitialee,  or  com" 
perendini^  or  sftift',  or  proeliales.  Dies  intereisi 
were  common  between  gods  and  men,  that  is, 
partly  devoted  to  the  worship  of  the  gods,  partly 
to  the  transaction  of  ordinary  business. 

We  have  lastly  to  add  a  few  remarks  on  some 
of  the  subdivisions  of  the  dies  profesti,  which  are 
likewise  defined  by  Macrobins.  Diee  oomitialee 
were  days  on  which  comitia  were  held ;  their  num* 
her  was  184  in  a  year.  Diee  eomperendim  were 
days  to  which  any  action  was  allowed  to  be  tran»* 
feired  (guSme  vaMmonium  Uoet  dicere.  Gains,  iv. 
§  15).  Diee  etati  were  days  set  apart  for  causes 
between  Rcgnan  citizens  and  foreigners  {qui  jmdicii 


410 


DIMACHERI. 


r).  IHe$  jtrotHialu 
were  all  diiye  on  which  religion  did  not  forbid  to 
oommenoe  a  w«r  ;  a  list  of  days  and  festivals  on 
which  it  was  eontiaiy  to  religion  to  commence  a 
war  is  given  by  Macrobius.  See  alio  Festns,  t,  cu 
Compare  Manutios,  De  V§termm  Dimwm  RaHoMy 
and  the  article  Calbnoarium.  [L.  &] 

DIFFAREATIO.     [Divortium.] 

DIGESTA.    CPandbctai.] 

DIGITA'LIA.     [Manica.] 

DrOITUS.     [P»8.] 

DIIPOLEIA  (Siir^cia),  also  called  AiiriSAtM 
or  Anr^Xio,  a  very  ancient  fiwtival  celebrated  eyery 
year  on  the  acropolis  of  Athens  in  honour  of  Zeus, 
sumamed  noXi«&s.  (Pans.  L  14.  §  4  ;  comp.  Anti* 
phon,  120.  10.)  Suidas  and  the  Scholiast  on 
Aristophanes  (Aue,  410)  an  mistaken  in  believing 
that  the  Diipolia  were  the  same  festinJ  as  the 
Diasia.  It  was  held  on  the  14th  of  Scirrophorion. 
The  manner  in  which  the  sacrifice  of  an  oz  was 
offered  on  this  occasion,  and  the  origin  of  the  rite, 
are  described  by  Porphyrins  (/>s  Ahatmmt.  iL 
S  29),  with  whose  account  may  be  compared  the 
firagmentary  descriptions  of  Pansanias  (t  28.  §  11) 
and  Aelian  (  V.  H.  viil  3).  The  Athenians  placed 
barley  mixed  with  wheat  npon  the  altar  of  Zeos 
and  left  it  unguarded  ;  the  ox  destined  to  be  sacri- 
ficed was  then  allowed  to  go  and  take  of  the  seeds. 
One  of  the  priests,  who  bore  the  name  of  /Sov^rot 
(whence  the  festival  was  sometimes  oiled  fiov- 
^ifia\  at  seeing  the  ox  eating,  snatched  the  axe, 
killed  the  ox,  and  ran  away.  The  others,  as  if 
not  knowing  who  had  killed  the  animal,  made  in- 
quiries, and  at  last  also  summoned  the  axe,  which 
was  in  the  end  declared  guilty  of  having  committed 
the  murder.  This  custom  is  said  to  have  arisen 
from  the  following  circumstance  :  —  In  the  reisn 
of  Erechtheus,  at  the  celebration  of  the  Dionysia, 
or,  according  to  the  Scholiast  on  Aristophanes  {Ntib, 
972),  at  the  diipolia,  an  ox  ato  the  cakes  offered 
to  the  god,  and  one  Baulon  or  Thaulon,  or, 
according  to  others,  the  fiov^yos^  killed  the 
ox  with  an  axe  and  fled  hom.  his  country. 
The  murderer  having  thus  escaped,  the  axe  was 
declared  guilty,  and  the  rite  observed  at  the 
diipolia  was  perfonned  in  commemoration  of  that 
event  (Compare  Suidas  and  Hesych.  «.  v.  0ov- 
4>6ytci.)  This  legend  of  the  origin  of  the  diipolia 
manifestly  leads  us  back  to  a  time  when  it  had  not 
yet  become  customary  to  offer  animal  sacrifioes  to 
the  gods,  but  merely  the  fruits  of  the  earth. 
Porphyrins  also  informs  us  that  three  Athenian 
fiunilies  had  their  especial  (probably  hereditary) 
functions  to  perform  at  this  festival.  Members  of 
the  one  drove  the  ox  to  the  altar,  and  were  thence 
called  KtrrpidiHat :  another  fiunily,  desceiided  from 
Baulon  and  called  the  /Sovr^oi,  knocked  the 
victim  down  ;  and  a  third,  designated  by  the  name 
of  SoiTpo^  killed  it  (Compare  Creuxer^s  MytkoL 
und  SyntM,  l  p.  1 72,  iv.  p.  122,  &c)     [L.  S.] 

DIMACHAE  (Si/i^xcu),  Afacedonian  hone- 
soldiers,  who  also  fought  on  foot  when  occasion 
required.  Their  armour  was  heavier  than  that  of 
the  ordinary  horse-soldiers,  and  lighter  than  that 
of  the  regular  heavy-armed  foot  A  servant  ac- 
companied each  soldier  in  order  to  take  care  of  his 
horse  when  he  alighted  to  fight  on  foot  This 
species  of  troops  is  said  to  have  been  first  intro- 
duced by  Alexander  the  Great  (Pollux,  I  132  ; 
Curtius,v.  13.) 
.     DIMACHERI.    [Gladiatorbs.] 


DIONYSIA. 

DIMENSUM.    [Sbrvus.] 

DIMINUTIO  CATITIS.    [Cafut.1 

DIO'BOLOS.    [Drachma.] 

DIOCLEIA  (8i4(«cAc(a),  a  festival  celebtmted  b/ 
the  Megarians  in  honour  of  an  ancient  Athenxaa 
hens  Diodes,  around  whose  grave  yoong  men  as- 
sembled on  the  occasion,  and  amnand  tiieiiiaelv«s 
with  gymnastic  and  other  contests.    Vfe  read  that 
he  who  gave  the  sweetest  kiss  obtained  the  prize, 
consistiQg  of  a  garhnd  of  flowers.      (Theocrrt 
IdylL  xii.  27,  &c)     The  Scholiast  on  Theocritui 
(L  0.)  reUtes  the  origin  of  this  festival    aa  fol- 
lows:—  Diocles,  aa  Athenian  exile»  fled  to  Me- 
jKara,  where  he  found  a  yoath  with  whom  he  h'U 
m  love.     In  some  battle,  while  protecting   the 
object  of  his  love  with  his  shield,  he  sras  dam. 
The  Megarians  honoured  the  gallant  lover  with  a 
tomb^  nused  him  to  the  rank  of  a  hero^  and  in 
commemoration  of  his  fiiithful  attachment,  insd- 
tnted  the  fintival  of  the  Diodeia.    See  Bodch,  mi 
Pimd.  Olymp.  vil  157.  pL  176,  and  the  Schoiiasi, 
ad  Aridopk,  Aeharm.  780,   where   a    Megarisa 
swears  bv  Diocles,  from  which  we  may  infer  that 
he  was  held  in  neat  honour  by  the  Megarians. 
(Compare    Welffer^i    Sappho^    pw  39,    and    ad 
W«^p.79.)  [I-S.] 

DIONY'SIA  (Aior^ia),  feativaU  celeteOed 
in  various  parts  of  Greece  in  honour  of  DionT9o&. 
We  have  to  consider  under  this  head  sewsJ 
festivals  of  the  same  deity,  although  aome  of  then 
bore  different  names  ;  for  here,  as  in  other  cases, 
the  name  of  the  festival  was  sometimes  doivad 
from  that  of  the  god,  sometimes  from  the  place  I 
where  it  was  celebrated,  and  sometimes  from  soake 
particular  circumstance  connected  with  its  edebra- 
tion.  We  shall,  however,  direct  our  atteotiou 
chiefly  to  the  Attic  festivals  of  Dionysns,  as,  on 
account  of  their  intimate  connection  with  the 
origin  and  the  development  of  dramatic  literature, 
they  are  of  greater  importance  to  us  than  any  other 
ancient  festival. 

The  general  character  of  the  festivals  of  Dio- 
nysus was  extravagant  merriment  and  enthnaiastic 
joy,  which  manifested  themselves  in  various  ways. 
The  import  of  some  of  the  apnanotly  unmeaning 
and  absurd  practices  in  which  the  Grwks  indulged 
during  the  celebration  of  the  Dionysia,  has  been 
well  explamed  by  MttUer  {HiaU  o/tke  IaL  t^Ane. 
Greeoej  i  p.  289) :  —  ^  The  intense  desire  felt  by 
every  worshipper  of  Dionysus  to  fight,  to  oonquer, 
to  suffer  in  common  with  him,  made  them  r^ard 
the  subordinate  beings  (satyrs,  panes,  and  nymph^ 
by  whom  the  god  hixnself  was  surrounded,  and 
through  whom  life  seemed  to  pass  from  him  into 
vegetation,  and  branch  off  into  a  variety  of  beauti- 
ful or  grotesque  forms),  who  were  ever  pieoent  to 
the  fancy  of  the  Greeks,  as  a  convenient  step  by 
which  they  oonld  approach  more  nearly  to  the 
presence  of  their  divinity.    The  customs  so  preva- 
lent  at  the  festivals  of  Dionysua,  of  takii^  the  dis- 
guise of  mtyrs,  doubtless  ongmated  in  this  feeling, 
and  not  in  the  mere  desire  of  concealing  exoesm 
under  the  disguise  of  a  mask,  otherwise  so  serious 
and  pathetic  a  spectacle  as  tragedy  could  never 
have  originated  in  the  choruses  of  these  mtyrs. 
The  desu«  of  escaping  from  self  into  sooething 
new  and  straqge,  of  liviog  in  an  im^inary  worid, 
breaks  forth  m  a  thoumnd  instances  in  these 
festivals  of  Dionysus.     It  is  seen  in  the  colAuring 
the  body  with  plaster,  soot,  vermilion,  and  dif- 
ferent sorts  of  green  and  red  juices  of  plants  wear* 


DIOKYSIA. 

bggoftte  aid  deer  ftkina  immd  the  loini,  cohering 
tiK  face  witli  hage  leaves  of  different  pUuits ;  and, 
]mii1j^  in  the  wearing  masks  of  wood,  bark,  and 
fltW  imteriala,  and  of  a  complete  coBtume  belong- 
ia?  to  the  ehaiactcr.'^  Drunkenness,  and  the 
Wifrtenos  nosic  of  flatea,  cymbals,  and  drums, 
vcne  likewise  oommon  to  all  Diooysiac  festivals. 
in  the  pnoessions  called  bUuroi  (from  dcfa(«), 
irith  which  they  were  celebrated,  women  also  took 
F«t  in  the  disgaiae  of  Bacchae,  Lenae,  Thyades, 
Naiades,  Nymphs,  &c^  adorned  with  gariands  of 
ivT,  sod  besiriDg  the  thynns  in  their  lumds  (hence 
the  god  was  sometiiBea  called  OqX^/iop^s),  so 
t^  the  whole  tiain  represented  a  population  in- 
i^««d,  and  actuated  by  the  powerful  presence  of 
the  gnd.  The  chomace  song  on  the  occasion  were 
caikd  dithyrambs,  and  were  hymns  addressed  to 
tbe  ^  m  the  freest  metres  and  with  the  boldest 
ussfcfy,  in  which  his  exploits  and  achievements 
wtn  extolled.  [Cfloaus.]  The  phallus,  the 
itmbot  of  the  fertility  of  nature,  was  also  carried 
ia  thew  proeeaaioos  (Plut.  De  OtpUL  DiviL  p. 
^27,  D ;  Arifitoph.  Acianu  229,  with  the  Schol. ; 
Herod,  ii.  49),  and  men  diignised  as  women, 
called  liv^aAXM  (Hesych.  s.  v. ;  Athen.  xir.  p. 
6'^£U  followed  the  phallus.  A  woman  called 
^JKfo^ip^t  carried  the  KiKPWt  a  long  basket  con- 
tsmiag  the  image  of  the  god.  Maidens  of  noble 
^nh  (nani^^poi)  naed  to  cany  6gs  in  baskets, 
vhick  were  sometimes  of  gold,  and  to  wear  gar- 
Wdi  of  fijgi  round  their  nedu.  (Aristoph.  Ackam. 
/.  c ;  Lyustr.  647  ;  Natal  Com.  t.  13.)  The  in- 
dulgence in  drinking  was  considered  by  the  Greeks 
as  a  duty  of  gratitude  which  they  owed  to  the 
iircr  of  the  vine ;  hence  in  some  places  it  was 
<^•^gbt  a  crime  to  remain  sober  at  the  Dionysia. 
iUdaa,/Xiai6M>«.16.) 

Tkc  Attic  festivals  of  Dionysus  were  four  in 

BBnber:  the  Aioy^ia  cor*  &Ypo^,  or  the  rand 

^^jm,  the  A^Mio,  the  'AvSwrifHa,  and  the 

Aunam  h  Sorcc    After  Ruhnken  {Atutar.  ad 

^<9bL  toL  l  pu  199)  and  Spalding  {AbkamiL 

^BerLAcmL  epa  1804--181U  p.  70,  &c.)  had 

^'^iRd  the  Anthesteria  and  the  Lenaea  to  be  only 

t»o  flames  for  one  and  the  same  festival,  it  was 

f^Kially  taken  for  granted  that  there  could  be  no 

^^  M  to  the  real  identity  of  the  two,  until  in 

^J^17,  A  Bockh  read  a  paper  to  the  Berlin 

Acadeny(roa.  UtUerackudeder  Attitckm  Lmasen, 

^»ihtaim  mmd  HhM.  Ditm^tim^  published   in 

[3i»,  ia  the  Ahktmdl.  d.  BerL  Aoad.\  in  which 

^  eitobliihed  by  the  strongest  arguments  the 

«&Raee  between  the  Lenaea  and  Anthesteria. 

Aft  sbridgoieot  of  Bockh's  essay,  containing  all 

Mat  a  aeeonry  to  form  a  clear  idea  of  the  whole 

^^''^^  is  given  in  the  Philological  Museum, 

^<^  ii- pu  27a,  &C.    A  writer  in  the  Gtostteo/ 3f»- 

**"»  Th.  Dyer  (vol  iv.  p.  70,  Ac),  has  smce 

vxusToored  to  support  Ruhnken^  riew  with  some 

^*^»)SBnients.     The  season  of  the  year  sacred 

to  DioDyng  was  during  the  m<mths  nearest  to  the 

■"^  day  (PluL  De  Ei  ap.  Ddpk  9),  and  the 

^  fcttivals  were  accordingly  odebrated  in  the 

^^■deoB,  Ganielion  (the  Lenaeon  of  the  lonians), 

^^iieitcriQB,  and  Kku>hebolion. 

^^  Aiar^ia  jcwr*  iyfoOsj  or  fUKpdy  the  rural  or 

r"^  Diooyiia,  a  vintage  festival,  were  celebrated 

n  the  Tmoos  dcmes  of  Attica  m  the  month  of 

i?*^^"*"*  '"^  ^^'^  under  the  superintendence  of 

^'■^wttnl  fecal  magistiatcs,  the  demarchs.    This 

*ii  dosbtkv  the  BOBt  andcnt  of  aD,  and  was 


DIONYSIA. 


411 


held  with  the  highest  degree  of  merriment  and 
freedom  ;  even  slaves  enjoyed  full  liberty  during 
its  celebration,  and  their  boisterous  shouts  on  the 
occasion  were  almost  intolerable.  It  ii  here  that 
we  have  to  seek  for  the  origin  of  comedy,  in  the 
jests  and  the  scurrilous  abuse  which  the  peasants 
vented  upon  the  bystanders  from  a  waggon  in 
which  they  rode  about  {k^/ws  i^*  afta^&y), 
Aristophanes  (  Vesp,  620  and  1479)  calls  the  comic 
poets  rpvy^olf  lee-singers ;  and  comedy,  rpvy^iof 
lee-song  (Ackam,  464,  834 ;  Athen.  il  p.  40)  ; 
from  the  custom  of  smearing  the  fince  with  lees  of 
wine,  in  which  the  merry  country  people  indulged 
at  the  vintage.  The  Ascolia  and  other  amuse- 
ments, which  were  afterwards  introduced  into  the 
city,  seem  also  originally  to  have  been  peculiar  to 
the  rural  Dionysia.  The  Dionysia  in  the  Peiraeeus, 
as  well  as  those  of  the  other  demes  of  Attica,  be- 
longed  to  the  lesser  Dionysia,  as  is  acknowledged 
both  by  Spalding  and  Bdckh.  Those  in  the 
Peiraeeus  were  celebrated  with  as  much  splendour 
as  those  in  the  city  ;  for  we  read  of  a  procession,  of 
the  pexforroance  of  comedies  and  tragedies,  which 
at  first  may  have  been  new  as  well  as  old  pieces  ; 
but  when  the  drama  had  attained  a  reguhir  form, 
only  old  peces  were  represented  at  the  rural 
Dionysia.  Their  liberal  and  democratical  character 
seems  to  have  been  the  cause  of  the  opposition 
which  these  festivals  met  with,  when,  in  the  time 
of  Peisistratus,  Thespis  attempted  to  introduce  the 
rural  amusements  of  the  Dionysia  into  the  city  of 
Athens.  (Pint  Sol.  c.  29,  30  ;  Diog  Laert  SoL 
c  1 1.)  That  in  other  places,  also,  the  mtroduc- 
tion  of  the  worship  of  Dionysus  met  with  great 
opposition,  must  be  inferred  from  the  legends  of 
Orchomenos,  Thebes,  ^rgos,  Ephesus,  and  other 
placoa  Something  similar  seems  to  be  implied  in 
the  account  of  the  restoration  of  tragic  choruses  to 
Dionysus  at  Sicyon.  (Herod,  v.  67.) 

The  second  festival,  the  Lentua  (from  Xv^isi 
the  wine-press,  from  which  also  the  month  of 
Oamelion  was  called  by  the  lonians  Lenaeon),  was 
celebrated  in  the  month  of  Oamelion  ;  the  place  of 
its  celebration  was  the  ancient  temple  of  Dionysus 
Limnaeus  (from  Af/uo),  as  the  district  was  ori> 
ginally  a  swamp,  whence  the  god  was  also  called 
AifiyoTci^s).  This  temple,  the  Lenaeon,  was 
situate  south  of  the  theatre  of  Dionysus,  and  close 
by  it.  (Schol  <ui  Aristoph,  Ran.  480.)  The 
Lenaea  were  celebrated  with  a  procession  and 
scenic  contests  in  tragedy  and  comedy.  (Demosth. 
e»  Mid,  p.  517.)  The  procession  probably  went 
to  the  Lenaeon,  where  a  goat  (rpdyos,  hence  the 
chorus  and  tragedy  which  arose  out  of  it  were 
called  Tpayuchs  x^^i  uid  rpay^ia)  was  sacri- 
ficed, and  a  chorus  standing  around  the  altar  sang 
the  dithyrambic  ode  to  the  god.  As  the  dithyramb 
was  the  element  out  of  which,  by  the  introduction 
of  an  actor,  tragedy  arose  [Chorus],  it  is  natural 
that,  in  the  scenic  contests  of  this  festival,  tragedy 
should  have  preceded  comedy,  as  we  see  from  the 
important  documents  in  Demosthenes.  (L  e.)  The 
poet  who  wished  his  play  to  be  brought  out  at  the 
Lenaea  applied  to  the  second  archon,  who  had  the 
superintendence  of  this  lisstival  as  well  as  the 
Anthesteria,  and  who  gave  bun  the  chorus  if  the 
piece  was  thought  to  deserve  it. 

The  third  Dionysiac  festival,  the  Antheateria^ 
was  celebrated  on  the  12th  of  the  month  of 
Antbesterion  (Thncyd.  ii.  15)  ;  that  is  to  say,  the 
aeoond  day  fell  on  the  12thy  for  it  feated  three 


412 


DIONYSIA. 


daji,  and  the  fint  fell  on  the  11  th  (Suidas,  9.  v. 
Xo4s\  and  the  third  on  the  13th  (PhQoch.  ap, 
Stddam^  ».  v,  Xvrpoi).  The  second  aichon  super- 
intended the  celebration  of  the  Anthesteria,  and 
distributed  the  prizes  among  the  Tictors  in  the 
TarioDS  games  which  were  carried  on  during  the 
season.  (Aristoph.  Aekam.  1143,  with  the  Schol.) 
The  first  day  was  called  xiOoiyla:  the  second, 
X^* :  and  the  third,  x^P^^  ( Harpocrat  and 
Snidas,  9,  o. ;  Schol  ad  Arittopk  Ran.  219; 
Athen.  x.  pw  437,  ril  p.  276,  and  ir.  129.)  The 
first  day  derired  its  name  from  the  opening  of  the 
casks  to  taste  the  wine  of  the  preceding  year ;  the 
second  from  x^^*  ^^^  ^f  <u>^  seems  to  have  been 
the  day  devoted  to  drinking.  The  asoolia  seem  to 
hare  been  played  on  this  day.  [Awolia.]  We 
read  in  Suidas  («.  v.  'AtrKds)  of  another  simihir 
amusement  peculiar  to  tiiis  day.  The  drinker 
placed  himself  upon  a  bag  filled  with  air,  trumpets 
were  sounded,  and  he  who  emptied  his  cop 
quickest,  or  drank  most,  received  as  his  prize  a 
leathtf  bag  filled  with  wine,  and  a  garland,  or,  ao- 
cordiog  to  Aelian  (V,  H.  ii.  41),  a  golden  crown. 
(Aristoph.  Acham.  943,  with  the  Schol.)  The 
mi/Aot  4p*  iifut^&y  also  took  place  on  this  day, 
and  the  jests  and  abuse  which  persons  poured 
forth  on  this  occasion  were  doubtless  an  imitation 
of  the  amusements  customary  at  the  rural  Dionysia. 
Athenaeus  (x.  pi  437)  says  that  it  was  customary 
on  the  day  of  the  ChoSs  to  send  to  the  sophists 
their  salaries  and  presents,  that  they  too  might 
enjoy  themselves  with  their  friends.  The  third 
day  had  its  name  from  X^^f»  (^  po^  &>  ^^  ^i> 
day  persons  offered  pots  with  flowers,  seeds,  or 
cooked  vegetables,  as  a  sacrifice  to  Dionysus  and 
Hermes  Cbthonius.  (Schol.  ad  Aritioph,  Adkarn. 
1009  ;  Suidas,  $.  v.  X^rpou)  With  this  sacrifice 
were  connected  the  iyUvtt  x^P'^'^i  mentioned 
by  the  Scholiast  on  Aristophanes  (Ran.  220),  in 
which  the  second  archon  distributed  the  prizes. 
Slaves  were  permitted  to  take  part  in  the  general 
rejoicings  of  the  Anthesteria ;  but  at  the  close  of 
the  day,  they  were  sent  home  with  the  words 
•^vpa^c,  KaptSt  ovic  fr*  ^AyBtirritpta,  (Hesych.  *.  v, 
B^paC*  ;  Procltts,  ad  Iletiod,  Op,  et  Dies,) 

It  is  uncertain  whether  dramas  were  performed 
at  the  Anthesteria ;  but  Bdckh  supposes  that  co- 
medies were  represented,  and  that  tragedies  which 
were  to  be  brought  out  at  the  great  Dionysia 
were  perhaps  rehearsed  at  the  Anthesteria.  The 
mysteries  connected  with  the  celebration  of  the 
Anthesteria  were  held  at  night,  in  the  ancient 
temple  iv  Aifu^ais,  which  was  opened  only  once 
a  year,  on  the  12tii  of  Anthesterion.  They  were 
likewise  under  the  superintendence  of  the  second 
archon  and  a  certain  nimiber  of  ivifitKirroL  He 
appointed  fourteen  priestesses,  called  ytpcupal  or 
ytpapaif  the  venerable,  who  conducted  the  cere- 
monies with  the  assistance  of  one  other  priestess. 
(Pollux,  viil  9.)  The  wife  of  the  second  archon 
(jB<ur(Xi0'0'a)  offered  a  mysterious  sacrifice  for  the 
welfiure  of  the  city  ;  she  was  betrothed  to  the  god 
in  a  secret  solemni^,  and  also  tendered  the  oath 
to  the  geraerae,  which,  according  to  Demosthenes 
(e.  Nca4tr,  p.  1371.  22),  ran  thus:  —  "I  am  pure 
and  unspotted  by  any  thing  that  pollutes,  and  have 
never  had  intercourse  with  man.  I  will  solemnize 
the  Theognia  and  lobakcheia  at  their  proper  time, 
according  to  the  laws  of  my  ancestors.**  The  ad- 
mission to  the  mysteries,  from  which  men  were 
excluded,  took  place  after  especial  preparations, 


DIONYSIA. 

which  seem  to  hare  oooaisted  in  porificatimi  bi 
air,  water,  or  fire.  (Serv.  ad  Am.  vL  740 :  Paoi. 
ix.  20.  §  4  ;  Lit.  xxxix.  13.)  The  initiated  per. 
sous  won  skins  of  fiiwna,  and  sometimes  thoie  of 
panthers.  Instead  of  ivj,  which  was  worn  m  the 
public  part  of  the  Dionysia,  the  mystse  vore 
myrtle.  (SchoL  ad  Ariiopk,  Rem.  330.)  ITe 
sacrifice  offered  to  the  god  in  these  mysteries  am* 
sisted  of  a  sow,  the  usiuil  sacrifiee  of  Demeter,  arid 
in  some  places  of  a  cow  with  calf.  It  is  inor» 
than  probable  that  the  history  of  Dion3rstts  w 
Sjrmbolically  represented  in  these  mysteries,  u  the 
history  of  Demeter  was  acted  in  those  of  Elcnsis 
which  were  in  some  respects  comieeted  with  tiie 
former.   (Schol.  ad  Arittopk.  Ran.  343.) 

The  fourth  Attic  festival  of  Dionysus,  Atorvna 
iv  Ikaruy  iiorucii  or  juryviXa,  was  celebrated  sboot 
the  12th  of  the  month  of  Elaphebolion  (Aesck 
c.  Ctesipk.  pw  63)  ;  but  we  do  not  know  whctW 
they  lasted  more  than  one  day  or  not    The  order 
in  which  the  solemnities  took  place  was,  scconling 
to  the  document  in  Demosthenes,  as  fidlovi:  — 
The  great  public  procession,  the  chorus  of  bort, 
the  Kwfiof  [Chorus],  comedy,  and«  lastly,  tra§redr. 
We  possess  in  Athenaens  (r.  p.  197,  199)  tbe  de- 
scription of  a  great  Bacchic  procession,  held  at 
Alexandria  in  the  reign  of  Ptolemacos  Phifadel- 
phus,  from  which  we  may  form  some  idea  of  tbe 
great  Attic  procession.     It  seems  to  have  been 
customary  to  represent  the  god  by  a  man  in  i\i)s 
procession.     Plutarch  {Nie.   Z\  at  least,  rebta 
that  on  one  occasion  a  beautiful  slave  of  Nieias 
represented  Dionysus  (compare  Athen.  v.  p.  200  l 
A  ridiculous  imitation  of  a  Bacchic  proceftion  is 
describ.^d  in  Aristophanes  {Ecdtt.  759,  &c).    Of 
the  dramas  which  were  performed  at  the  grot 
Dionysia,  the  tragedies  at  least  were  genenllr 
new  pieces  ;  repetitions  do  not,  however,  aeem  ta 
have  been  excluded  firom  any  Dionyiiac  festival 
The  first  archon  had  the  snperintendeflc«v  *t^ 
gave  the  chorus  to  the  dramatic  poet  who  viabed 
to  bring  out  his  piece  at  this  festival    The  piixe 
awarded  to  the  dramatist  for  the  best  plsy  ooo- 
sisted  of  a  crown,  and  his  name  was  prDclsimed 
in  the  theatre  of  Dionysus.    (Demosth.  Dt  Oorm, 
p.  267.)     Strangen  were  prohibited  from  takiof; 
part  in  the  choruses  of  boys.     During  this  sod 
some  other  of  the  great  Attic  festivals,  priwiien 
were  set  free,  and  nobody  was  allowed  to  leitf 
the  goods  of  a  debtor ;  but  a  war  was  not  inter- 
rupted by  its  celebration.     (Demosth.  e.  Dotd. 
ds  Nom.  p.  999.)    As  the  great  Diooysis  were 
celebrated  at  the  beginning  of  spring,  when  the 
navigation  was  re-opened,  Athens  was  not  only 
visited  by  numben  of  country  people,  but  slao  br 
strangen  from   other  parts  of  Greece,  and  the 
various  amusements  and  exhibitbns  on  this  oc- 
casion were  not  unlike  those  of  a  modem  fut. 
(Isocr.  Areop.  p.  203,  ed.  Bekker ;  Xen.  ff*f^ 
i.  1 1  ;  compare  Becker,  CSIorO/es,  ii  p.  237,  &£•) 
Respecting   the  scrupulous   regcdariQr,  wd  the 
enormous  sums  spent  by  the  Athenians  <n  ^ 
celebration  of  these  and  other  festivals,  see  De- 
mosthenes {Philip.  L  p.  50).    As  many  ciitoin- 
stances  connected  witti  the   celebatioD  o(  f^ 
Dionysia  cannot  be  made  dear  without  entering 
into  minute  details,  we  must  refer  the  t9^  to 
Bdckh*s  essay. 

The  wonhip  of  Dionysus  was  almost  nnivoffi 
among  the  Greeks  in  Asia  as  well  as  in  Enropci 
and  the  character  of  his  festivals  was  the  vba 


DIONYSI^ 

cTOTviiesre,  ooly  Biodified  hj  the  Batioaal  differ- 
tse^  of  tile  various  tribes  of  the  Greeks.  It  is 
ufRfBJj  stated  that  the  Spaitans  did  not  indulge 
{J  BBck  in  drinking  during  the  celebrati<m  of  the 
I>;.^j'sta  as  other  Oieek&  (Athen.  ir.  p.  156  ; 
Flaw,  Ik  Leg.  i  pi  637.)  The  wofship  of  Dio- 
sTsai  vu  in  gaiaa],  vith  the  exception  of  Co< 
rifitb,  Skyon,  and  the  Doric  colonies  in  southern 
lalr,  less  popular  amoqg  the  Doric  states  than  in 
(Kkr  parts  of  Greeoe.  (MQUer,  DorioM^  ii.  10. 
I  6 ;  Batcigei^  Idem  u  ArdaeoL  der  Ma/erei, 
p.  299,  &a)  It  vaa  most  enthusiastic  in  Boeotia 
k  the  orgies  on  Mount  Cithaeron,  as  is  well 
kMVB  bm.  allusions  and  descriptionB  In.  seTcral 
Jiccan  poets.  That  the  extravagant  mecriment, 
vA  the  larestrained  conduct  with  which  all  fes- 
mali  of  this  chua  were  celebrated,  did  in  the 
ccane  of  tioie  lead  to  the  grossest  excesses,  cannot 
W  denied ;  but  we  must  at  the  same  time  acknow- 
jfdfe,  tbat  such  excesses  did  not  occur  until  a 
cuopsiativelj  late  periocL  At  a  very  early  period 
<s  Gredaa  haUny,  Bacchic  festivals  were  so- 
lemmuA  with  human  ncrificea,  and  traces  of  this 
Qstoo  are  discernible  even  until  very  late.  In 
Ckioi  thif  custom  was  superseded  by  another, 
3cco(idiii|(  to  which  the  Bacchae  were  obliged  to 
»:  the  law  pieces  of  flesh  of  the  victim  which 
ira«  distributed  among  them.  This  act  was  called 
MHfoTta,  and  Dionysus  derived  from  it  the  name 
&f  o^i^T  snd  mfai<rHis.  There  was  a  report  that 
ermTbeniistoelea,  after  the  battle  of  Salami w,  sacri- 
ficed three  noble  Persians  to  this  divinity.  (Plut 
TiauL  la,  PelogK  21 ;  compare  Thirlwall,  Hisi. 
iff  Gntce,  il  p.  310.)  Bat  Plutarch's  account  of 
*Jlb  very  instnoe,  if  true,  shows  that  at  this  time 
mA  saTsge  rites  were  looked  upon  with  horror. 

Tlie  vonhip  of  Dionyaus,  whom  the  Romans 

a3ed  Bacchus,  or  rather  the  Bacchic  mysteries 

sad  fligies  (Attniaaafia),  are  said  to  have  been 

ictndiKed  from  southern  Italy  into  Etruria,  and 

ftca  thence  to  Rome  (Liv.  xxxix.  8),  where  for  a 

trae  they  were  carried  on  in  secret,  and,  during 

tb  latter  period  of  their  existence,  at  night.    The 

isitkted,  according  to  Livy,  ^d  not  oiUy  indulge 

Id  feasting  sad  drinking  at  their  meetings,  but 

^ha  their  minds  were  heated  with  wine,  they 

iadalged  in  the  coarsest  excesses  and  the  most 

laoadinl  rices.    Young  giris  and  youths  were 

seduced,  sad  all  modesty  was  set  aside  ;  every 

^d  of  riee  found  here  its  full  satisfaction.     But 

^e  oim^  did  not  remain  confined  to  these  meet- 

^:  their  coosequenoes  were  manifest  in  all  direc- 

^ ;  &r  fiOse  witnesses,  foigeries,  false  wills, 

aod  dcDiinciatiaQs  proceeded  from  this  focus  of 

cniDe.   P(Mson  and  aaaassination  were  carried  on 

iffldettlje  cover  of  the  society  ;  and  the  voices  of 

^  who  bad  been  fraudulently  drawn  into  these 

<*!Pai  sod  would  cry  out  against  the  shameless 

Pjwitt*,  were  drowned  by  the  shouU  of  the  Bac- 

cbaotes,  sad  the  deafening  sounds  of  drums  and 

cjoibsli 

J^  time  of  mitiation  lasted  ten  days,  during 

*Bich  a  person  was  obliged  to  abstain  from  all 

»ttnal  mtercmirse ;  on  the  tenth  he  took  a  solemn 

Bwl,  ondervent  a  purification  by  water,  and  was 

i«d  mto  the  sanctuary  {Baeehanal).    At  first  only 

'wxn  wwe  initiated,  and  the  oi^pes  were  cele- 

«»ted  cTPiy  year  during  three  days.     Matrons 

^«™»tely  performed  the  functions  of  priests.   But 

"cnla  Annis,  a  Campanian  matron,  pretending 

to  act  onder  the  direct  influence  of  Bacchus, 


DIONYSIA. 


413 


changed  the  whole  method  of  celebration :  she 
admitted  men  to  the  initiation,  and  transferred 
the  solemnisation  which  had  hiUierto  taken  place 
during  the  daytime  to  toe  night  Instead  of  three 
days  in  the  year,  she  ordered  that  the  Bacchanalia 
should  be  held  during  five  days  in  every  month. 
It  was  from  the  time  that  these  orgies  were  car- 
ried on  after  thia  new  ^an  that,  according  to  the 
statement  of  an  eye-witness  (Liv.  xxxix.  13), 
licentiousness  and  crimes  of  every  description  were 
committed.  Men  as  well  as  women  indulged  in 
the  most  unnatural  appetites,  and  those  who  at- 
tempted to  atop  or  to  oppoae  such  odious  pro- 
ceedings fell  aa  victima.  It  was,  as  lavy  says,  a 
principle  of  the  society  to  hold  every  ordimmce 
of  god  and  nature  in  contempt  Men,  aa  if  seized 
by  fits  of  madness,  and  under  great  convulsions, 
gave  oracles ;  and  the  matnms,  dressed  as  Bac< 
chae,  with  dishevelled  hair  and  burning  torches  in 
their  hands,  ran  down  to  the  Tiber  and  plunged 
their  torches  into  the  water;  the  torches,  how- 
ever, containing  sulphur  and  chalk,  were  not  ex- 
tinguished. Men  who  refused  to  take  part  in  the 
crimes  of  these  oigies,  were  frequently  thrown  into 
dark  caverns  and  despatched,  while  the  perpe- 
trators declared  that  they  had  been  carried  off  ny 
the  gods.  Among  the  number  of  the  members  of 
these  mysteries,  were,  at  the  time  when  they  were 
suppressed,  p?rsons  of  all  classes  ;  and  during  the 
last  two  years,  nobody  had  been  initiated  who 
was  above  the  age  of  twenty  years,  as  this  age 
was  thought  most  fit  for  seduction  and  sensiud 
pleaaure. 

In  the  year  b.  cl  186,  the  consuls  Spurius  Pos« 
tnmins  Albinus  and  Q.  Marcina  Philippus  were 
informed  of  the  existence  of  these  meetings  ;  and 
after  having  ascertained  the  facts  mentioned  above, 
they  made  a  report  to  the  senate.  (Liv.  xxxix. 
U.)  The  senate,  ahirmed  by  this  singular  di*< 
coveiy,  and  although  dreading  lest  members  of 
their  own  £unilies  might  be  involved,  invested  the 
consuls  with  extraordinary  power,  to  inquire  into 
the  nature  of  these  nocturnal  meetings,  to  exert  all 
their  eneigy  to  aecure  the  priests  and  priestesses, 
to  issue  a  proclamation  throughout  Rome  and 
Italy,  forbidding  any  one  to  be  initiated  in  the 
Bacchic  mysteries,  or  to  meet  for  the  purpose  of 
celebrating  them  ;  but  above  all  things,  to  submit 
those  individuals  who  had  already  been  secured 
to  a  rigid  triaL  The  consuls,  after  having  given 
to  the  subordinate  magistrates  all  the  necessary 
instructions,  held  an  assembly  of  the  people,  in 
which  the  &cts  just  discovered  were  explained  to 
the  public,  in  order  that  the  objects  of  the  pro- 
ceedings which  were  to  take  place  might  be  known 
to  every  citizciL  A  reward  was  at  the  same  time 
offered  to  any  one  who  might  be  able  to  give 
further  information,  or  to  name  any  one  that  be* 
longed  to  the  conspiracy,  as  it  was  called.  Mea- 
sures were  also  tsjcen  to  prevent  any  one  from 
leaving  Italy.  During  the  night  following,  a  great 
ncunber  of  persons  were  apprehended ;  many  of 
them  put  an  end  to  their  own  lives.  The  whole 
number  of  the  initiated  was  said  to  be  7000.  The 
trial  of  all  those  who  were  apprehended  lasted 
thirty  days.  Rome  was  almost  deserted,  for  the 
innocent  as  well  as  the  guilty  had  reason  to  fear. 
The  punishment  inflicted  on  those  who  were  con<* 
victed,  varied  according  to  the  degree  of  their 
guilt ;  some  were  thrown  into  prison,  others  were 
put  to  death»    The  women  were  surrendered  U^ 


414 


DIONYSIA. 


their  puenU  or  biubaods,  that  they  might  reeeive 
their  piuiiflhiceiit  in  priYmte.  The  consals  then 
were  ordered  by  the  senate  to  destroy  all  Baccha- 
nalia thronghout  Rome  and  Italy,  with  the  excep- 
tion of  socb  altars  or  statues  of  the  god  as  had 
existed  there  from  ancient  times.  In  order  to  pr»> 
vent  a  restoration  of  the  Bacchic  orgies,  the  cele- 
brated decree  of  the  senate  {SauUua  ametoriUu  de 
BaechanaHbui)  was  issued,  commanding  that  no 
Bacchanalia  should  be  held  either  in  Rome  or 
Italy ;  that  if  any  one  should  think  such  cere- 
monies necessary,  or  if  he  eould  not  neglect  them 
without  scruples  or  making  atonements,  he  should 
apply  to  the  praetor  urbiuras,  who  miffht  then 
consult  the  senate.  If  the  permission  should  be 
granted  to  him  in  an  assembly  of  the  senate,  con- 
sisting of  not  less  than  one  hundred  members,  he 
might  solemnise  the  Bacchic  sacra ;  but  no  more 
than  five  persons  were  to  be  present  at  the  cele- 
bration ;  there  should  be  no  common  fund,  and  no 
master  of  the  sacra  or  priest.  (Liv.  xxxix.  18.) 
This  decree  's  also  mentioned  by  Cicero  {De 
Ltffg.  ii.  15).  A  brazen  table  containing  this  im- 
portant document  was  discovered  near  Ban,  in 
southern  Italy,  in  the  year  1640,  and  is  at  present 
in  the  imperial  Museum  of  Vienna.  A  copy  of  it 
is  given  in  Drakenborch^s  edition  of  Liry  (vol. 
viL  p.  197,  Ac). 

We  have  in  our  account  of  the  Roman  Baccha- 
nalia closely  followed  the  description  given  by 
Livy,  which  may,  indeed,  be  somewhat  exag- 
gerated ;  but  considering  the  difierence  of  character 
between  the  Greeks  and  Romans,  it  cannot  be 
surprising  that  a  festival  like  the  Dionysia,  when 
once  introduced  among  the  Romans,  should  have 
immediately  degenerated  into  the  grossest  and 
coarsest  excesses.  Similar  consequences  were  seen 
immediately »after  the  time  when  the  Romans  were 
made  acquainted  with  the  elegance  and  the  luxuries 
of  Greek  life  ;  for,  like  barbarians,  they  knew  not 
where  to  stop,  and  became  brutal  in  their  enjoy- 
ments. Bat  whether  the  account  of  Livy  be  ex- 
aggerated or  not,  this  much  is  certain,  that  the 
Romans,  ever  since  the  time  of  the  suppression  of 
the  Bacchanalia,  considered  these  oigies  as  in  the 
highest  degree  immoral  and  licentious,  as  we  see 
from  the  manner  in  which  they  applied  the  words 
derived  from  Bacchus,  e.  g,  baechor^  baedtans^  boo- 
ehatio,  baaAieuSj  and  others.  But  the  most  sur- 
prising circumstance  in  the  account  of  Livy  is,  that 
the  Bacchanalia  should  have  been  celebrated  for 
several  years  in  the  boisterous  manner  described 
by  him,  and  by  thousands  of  persons,  without  any 
of  the  magistrates  appearing  to  have  been  aware 
of  it 

While  the  Bacchanalia  were  thus  suppressed, 
another  more  simple  and  innocent  festival  of  Bac- 
chus, the  Ltberalia  (from  Liber^  or  Liber  Pater^  a 
name  of  Bacchus),  continued  to  be  celebrated  at 
Rome  every  year  on  the  1 6th  of  March.  (Ovid. 
Fast  iiL  713.)  A  description  of  the  ceremonies 
customary  at  this  festival  is  given  by  Ovid  (L  c. ), 
with  which  may  be  compared  Varro  (De  Ling,  LaL 
T.  55,  ed.  Bipont).  Priests  and  aged  priestesses, 
adorned  with  garlands  of  ivy,  carried  through  the 
city  wine,  honey,  cakes,  and  sweet-meats,  toge- 
ther with  an  altar  with  a  handle  {anaoUa  ara),  in 
the  middle  of  which  there  was  a  small  fire-pan 
(Ji>cvlus\  in  which  from  time  to  time  sacrifices 
were  burnt  On  this  day  Roman  youths  who  had 
attained  their  sixteenth  year  received  the  toga 


DIRIBITORESL 

virilis.  (Cic  ad  AU.  vL  1.)  Tbai  tlie  Liberalis 
were  celebrated  with  various  amnaementa  and  grcai 
merriment,  might  be  inferred  firom  the  gpnenl 
character  of  Dionysiac  festivals  ;  Imt  we  may  sl«o 
see  it  from  the  name  Ludi  LSberaUM^  which  is 
sometimes  used  instead  of  Libesalia  ;  and  Naertu 
(op.  Feat.)  expnuij  says  that  pefBons  expreaeni 
themselves  very  freely  at  the  Libesalia.  Sl 
Augustine  (De  Civ,  Dei^  viL  21)  even  speaks  of 
a  high  degree  of  licentiousaess  earned  on  at  this 
festival.  [L.a] 

DIOSCU'RIA.  (SiMrm^tt),  festivals  cele- 
brated in  various  parts  of  Greece  in  honoor  of  the 
dioscnri.  The  Spartan  dioscoria  mentioned  by 
Pansanias  (iv.  27.  §  1  ;  compare  with  iiL  16.  §3) 
and  Spanheim  (ad  CaUim.  Mynm,  m  PaO.  '2\\ 
were  celebrated  with  sacrifices,  refoiciDga,  and 
drinking.  At  Gyrene  the  dioscnri  were  &ewi>e 
honoured  with  a  great  festival  (Scb<d.  ad  Piml. 
Pytk.  V.  629.)  The  Athenian  festivnl  of  the  dio«- 
curi  has  been  described  under  Anjicsia.  Their 
worship  was  very  generally  adopted  in  Oreeoe, 
especially  in  the  Dttfie  and  Achaean  states,  as  «e 
conclude  from  the  great  number  of  temples  dedi- 
cated to  them  ;  but  scarcely  anything  ia  knovn 
respecting  the  manner  in  which  their  festiTalj 
were  celebrated.  [L.  S.j 

DIO'TA.    [Amphora.] 

DIPHTHERA  (Si^/pa),  a  kind  of  dook 
made  of  the  skins  of  animals  and  worn  by  herds- 
men and  country  people  in  general.  It  b  fre- 
quently mentioned  by  Greek  writers.  (Aristoph. 
Nub,  72,  and  Schol.  Vesp.  444  ;  Plato,  CriL  p.  53 ; 
Lucian,  Tim.  c.  12.)  Pollux  (vii.  70)  says  that  it 
had  a  covering  for  the  head  (hrucpdafow\  in  whkh 
respect  it  would  correspond  to  the  Roman  evca/- 
hu,  [CucuLLU&J  (Becker,  CkanUee^  vol  u.  ;l 
859.) 

DIPHROS  (•f^j).    [CmiRus  ;  Throncs.] 

DIPLAX  (aiVAiQ.    [Pallium.] 

DIPLOIS  (inrXois),    [Pallium.] 

DIPLO'MA,  a  writ  or  public  document,  which 
conferred  upon  a  person  any  right  or  pririlege. 
During  the  republic,  it  was  granted  by  the  con- 
suls and  senate  ;  and  under  the  empire  by  the 
emperor  and  the  magistrates  whom  he  authorised 
to  do  so.  (Cic.  ad  Fam,  vL  12,  of  AtL  x.  17, 
c.  Pis.  Z7  ;  Sen.  Ben.  vil  10  ;  Suet  Cal.  88,  Ner. 
12,  art.  7  ;  Dig.  48.  tit  10.  s.27.)  The  diploma 
was  sealed  by  the  emperor  (Suet  Aug,  50) ;  it  con- 
sisted of  two  leaves,  whence  it  derived  its  name. 
These  writs  were  especially  given  to  public  coorien, 
or  to  those  who  wished  to  procure  the  nse  of  the 
public  horses  or  carriages.  (Plin.  Ep.  x.  14, 121 ; 
compare  x.  54,  55.)  The  tabellarii  of  the  en»- 
peror  would  naturally  always  have  a  diploma; 
whence  we  read  in  an  inscription  (Orelli,  No. 
2917)  of  a  diplomarius  tabeUarius, 

DI'PTYCHA.     [Tabulae.] 

DIRECTA  ACTIO.    [Acna] 

piRIBITO'RES,  are  said  by  most  modem 
writers  to  have  been  the  persons  who  gare  to  the 
citizens  the  iabdla  with  which  they  voted  in  tbe 
comitia ;  but  Wunder  has  most  distinctly  prored, 
in  the  pre&oe  to  his  Cktdex  Erfutatsis  (pp.  cxxtl— 
dviii.),  that  it  ^tis  the  office  of  the  diribitores  \o 
divide  the  votes  when  taken  out  of  the  eutae,  so  u 
to  determine  which  had  the  majority.  He  remirki 
that  the  etymology  of  dir^tere  would  lead  lu  to 
assign  to  it  the  meaning  of  **separatioii"  or 
**  division,**  as  it  is  compounded  ofdis  and  hdim^ 


DISCUS. 

m die  Kuae  namaer  nadirimtn  h of rftt  aed 
tfce  k  diwppeTB  as  in  pra«6«re  and  ibAere,  which 
r~<Bw  RspectiTdy  from  pnm  and  Ao&cnt,  and  de 
asd  Mere.  In  aeyosl  panagea  the  word  cannot 
ha^e  any  otlier  aignificatksn  than  that  giTen  by 
Wmder.  (Cicu  Pro  Plameh^  20,  od  Q».  Pmtr. 
iiu  4.  S  1  ;  VaiKi»  De  lU  RtuL  iiL  2.  §  1,  iii.  6. 

^"hen  Cicero  say*  (w  Pfiaon.  15),  **  Toa  voga- 
vwe%  voa  diribitorea,  vot  cnstodea  tatMHaraBi,**  w« 
laaj  prenmie  that  be  mentions  thcae  offieert  in  the 
order  in  which  they  discharged  their  duties  in  the 
(Qsiim.  It  was  the  office  of  the  rogaiore$  to  col- 
lect the  tabcilae  which  each  centmy  gave,  as  they 
Bsed,  befiae  the  haDol  was  introduced,  to  adc 
(rr^Bni)  caeb  eentnry  far  its  Totea,  and  report 
*iL€Bi  to  the  magistrate  who  presided  over  the 
coaina.  The  ^irjftvftnvs,  as  has  been  abneady  re- 
onriced,  dirided  the  rotes  when  taken  out  of  the 
cuiaAi  and  handed  them  over  to  the  atdoda,  who 
checked  dwm  off  by  points  maiked  on  a  tablet 
rC43Bipase  CuTA ;  SrrvLA.] 

DISCUS  (9iffm\  a  circolar  plate  of  stone 
(KiSbm  ttncm.  Find.  Iwlk.  L  34),  or  metal  {tplen- 
itals  pomdtra  duel,  Mart,  sir.  164),  made  for 
throwing  to  a  distance*  as  an  exercise  of  strength 
sad  desclerity.  This  was,  indeed,  one  of  the  prin- 
cipal gynnastie  exercises  of  the  ancients,  being 
iccfaided  in  the  Pmtatklon.  It  was  practised  in 
the  hooie  age^  (Horn.  lU  iL  774,  Od,  viiL  129, 
laS— IM,  xTiL  168.) 

The  diacaa  was  ten  or  tweWe  inches  in  diameter, 
•0  as  to  nach  above  the  middle  of  the  forearm 
vhen  held  In  the  rvht  hand.  The  object  was  to 
i!irow  it  firom  a  fixed  spot  to  the  greatest  distance  ; 
and  in  doing  this  each  player  had  a  firiend  to  mark 
the  pomt  at  which  the  discus,  when  thrown  by 
kin,  struck  the  ground.  {Od.  yiii  186—200; 
StaL  TUk,  tL  70S.)  The  distance  to  which  it 
vasaaaaiooly  thrown  became  a  measure  of  length, 
ca3ed  rk  ttsmvpo.     (/2L  xxiiL  431,  523.) 

The  space  on  which  the  discobolus,  or  thrower 
of  the  discos,  stood,  was  called  fia\.€ls,  and  was 
iadkated  by  being  a  little  higher  than  the  ground 
HRoiradii^  iL  As  each  man  took  his  station, 
vith  his  body  entirely  naked,  on  the  fia\€is,  he 
plaecd  fan  right  foot  forward,  bending  his  knee. 


DIVlNATia 


41.5 


and  reating  principally  on  thia  foot  The  discus 
being  held,  ready  to  be  thrown,  in  his  right  hand, 
he  stooped,  turning  his  body  towards  it,  and  hia 
left  hand  was  natmally  turned  in  the  same  direc- 
tion. (Phikstr.  Imag,  I  24  ;  Welcker,  ad  loc) 
This  attitade  was  represented  by  the  sculptor 
Myron  in  one  of  his  works,  and  is  adduced  by 
Quintilian  (Itut  Or.  ii.  la  §  10)  to  show  how 
much  greater  skill  is  dispbyed  by  the  artist,  and 
how  much  more  powerful  an  eifect  is  produced  on 
the  spectator,  when  a  person  is  represented  in 
action,  than  when  he  is  at  rest  or  standing  erect 
We  fortunately  possess  leTeral  copies,  more  or  less 
entire,  of  this  celebiated  statue  ;  and  one  of  the 
best  of  them  is  in  the  British  Museum  (see  the 
preeeding  woodcut).  It  represents  the  player  just 
ready  to  swing  round  his  outstretched  arm,  so  as 
to  describe  with  it  a  semicircle  in  the  air,  and 
thus,  with  his  collected  force,  to  project  the  discus 
at  an  angle  of  forty-fiTo  degrees,  at  the  same  time 
springing  forward  so  as  to  give  to  it  the  impetus  of 
his  whole  body.  Discum  **  Tusto  contorquet  tur- 
bine, et  ipse  prosequitur.*^    (Statins,  L  e.) 

Sometimes  a  heavy  mass  of  a  spherical  form 
(<r6Xot)  was  used  instead  of  a  discus,  as  when  the 
Greeks  at  the  funeral  sames  contended  for  a  lump 
of  iron,  which  was  to  be  given  to  him  who  could 
throw  it  furthest  {IL  xxiil  826—846.)  The 
0'^Aof  was  perforated  in  the  centre,  so  that  a  rope  or 
thong  might  be  passed  through  and  used  in  throw* 
ing  it  (Eratosth.  ed.  Bemhardy,  p.  251.)  In  this 
form  the  discobolia  is  still  practised  by  the  moun- 
taineen  of  the  canton  of  Appensell,  in  Switaer- 
land.  They  meet  twice  a  year  to  throw  round 
stones  of  great  weight  and  size.  This  they  do  by 
a  sudden  leap  and  foreible  swinging  of  the  whole 
body.  The  same  stone  is  taken  by  all,  as  in  the 
case  of  the  ancient  discus  and  v6k»s  :  he  who  sends 
it  to  the  greatest  distance  reoeiyes  a  public  prize. 
The  stone  is  lifted  as  high  as  the  right  should^ 
(see  woodcut ;  icarw/iadioio,  IL  xxiiL  431)  before 
being  projected.  (Ebel,  SekSdenmff  der  QMr^ 
voOter  der  SAvmlx^  L  p.  174.)  [J.  Y.] 

DISPENSA'TOR.     [Calculator.] 
DITHYRAMBUS.     [CHoaus.] 
DIVERSO'RIUM.     [Caufona.] 
DIVIDI'CULUM.        [AQUAEDUCTtra,      p. 
114,  a.] 

DIVINA'TIO  is,  accordmg  to  CHcero  (Ds 
Drvmot  L  1),  a  presension  and  a  knowledge  of 
future  things  ;  or,  according  to  Chrysippus  (Cic 
Z>8  DwmaL  il  63),  a  power  in  niaa  which  foresees 
and  explains  those  signs  which  the  gods  throw  in 
his  way,  and  the  diviner  must  therefore  know  the 
disposition  of  the  gods  towards  men,  the  import  of 
their  siffns,  and  by  what  means  these  signs  are  to 
be  obtamed.  According  to  this  bitter  definition, 
the  meaning  of  the  Latin  word  divinatio  is  nar- 
rower than  that  of  the  Greek  /uun-ia^,  in  as  much 
as  the  Utter  signifies  any  means  by  which  the 
decrees  of  the  g^s  can  be  discovered,  the  natural 
as  well  as  the  artificial ;  that  is  to  say,  the  seers 
and  the  orades,  where  Uie  will  of  the  gods  is  re- 
vealed by  inspiration,  as  well  as  the  divinatio  in 
the  sense  of  Chrysippus.  In  the  one,  man  is  the 
passive  medium  through  which  the  deity  reveals 
the  future  ;  while  in  tiie  other,  man  discovers  it 
by  his  own  skill  or  experience,  without  any  pre* 
tension  to  inspiration.  As,  however,  the  seer  or 
vates  was  also  frequently  called  divinus,  we  shall 
treat,  under  this  head,  of  seers  as  well  as  of  other 


416 


DIVINATIO; 


kinds  of  dtrinstio.  The  mbject  ui  ondct  it  dis- 
coised  in  a  ■qmnte  article.     [Oraculvm.] 

The  belief  that  the  decreet  of  the  divine  will 
wen  oecatiooally  revealed  hy  the  deity  himaeli^  or 
oonld  be  diaoovered  by  certain  indiTidoalt,  is  one 
which  the  riasticul  nations  of  antiquity  had,  in 
eonunon  with  many  other  nations,  befixe  the 
attainment  of  a  certain  degree  of  intellectaal  colti- 
Tstion.  In  early  ages  such  a  belief  was  natond, 
and  perhaps  founded  on  the  fooling  of  a  very  dose 
connection  between  man,  Qod,  and  natore.  But 
in  the  coarse  of  time,  when  men  became  more  ac* 
quainted  with  the  laws  of  natore,  this  belief  was 
abandoned,  at  least  by  the  more  enlightened  minds, 
while  the  mnltitades  stiU  continued  to  adhere  to 
it ;  and  the  goTemments,  seeing  the  advantages  to 
be  derived  from  it,  not  only  countenanced,  bat  en- 
couraged and  supported  it. 

The  seers  or  ^idrrcis,  who,  onder  the  direct  influ- 
ence of  the  gods,  chiefly  that  of  Apollo,  annoanced 
the  future,  seem  originally  to  have  been  connected 
with  certain  places  where  orscles  were  given  ;  but 
in  subsequent  times  they  formed  a  distinct  dass  of 
penons,  independent  of  any  k)cality  ;  one  of  them 
is  Calchas  in  the  Homeric  poems.  Apollo,  the 
god  of  prophecy,  was  generally  the  source  from 
which  the  seers,  as  well  as  other  diviners,  derived 
their  knowledge.  In  many  families  of  seen  the 
inspired  knowledge  of  the  future  was  considered 
to  be  hereditaiT,  and  to  be  transmitted  from  fother 
to  son.  To  these  fomilies  belonged  the  lamids 
(Pans.  iiL  11.  §5,&c  ;  Bockh,  ad  Pmd.  OL  vi 
p.  152),  who  from  Olympia  spread  over  a  con- 
siderable part  of  Greece ;  the  Branchidae,  near 
Miletus  (Conon,  33)  ;  the  Eumolpids,  at  Athens 
and  Eleusis  ;  the  Clytiads  (Paus.  vL  17.  §  4),  the 
Tdliads  (Herod.  viiL  27  ;  Paus.  x.  1.  §4,  &c.  ; 
Uerod.  ix.  37),  the  Acamanian  seers,  and  others. 
Some  of  these  fomilies  retained  their  celebrity 
till  a  very  Ute  period  of  Grecian  histoiy.  The 
manteis  made  their  revelatbns  dther  when  re- 
quested to  do  so  on  important  emeigeiicies,  or 
they  made  them  spontaneously  whenever  they 
thought  it  necessary,  either  to  prevent  some 
calamity  or  to  stimulate  their  countrymen  to  some- 
thing beneficiaL  The  dvil  government  of  Athens 
not  only  tolerated,  but  protected  and  honoared 
them  ;  and  Cicero  (De  DivituU.  L  48)  says,  that 
the  manteis  were  present  in  all  the  public  assem- 
blies of  the  Athenians.  (Compare  Axistoph.  Par, 
1025,  with  the  SchoL  ;  Nub,  325,  &&  and  the 
SchoL  ;  Lycurg.  o.  LeoenU,  p.  196.)  Along  with 
the  seers  we  may  also  mention  the  Bacides  and 
the  Sibyllae.  Both  existed  from  a  very  remote 
time,  and  were  distinct  from  the  manteis  so  far  as 
they  pretended  to  derive  their  knowledge  of  the 
future  from  sacred  books  (xpi|4r/io()  which  they 
consulted,  and  which  were  in  some  pUices,  as  at 
Athens  and  Rome,  kept  by  the  government  or 
some  especial  ofiicers,  in  the  acropolis  and  in  the 
most  revered  sanctuary.  Bacis  was,  according  to 
Pausanias  (x.  12.  §  6  ;  compare  with  iv.  27.  §  2), 
in  Boeotia  a  general  name  for  a  man  inspired 
by  nymphs.  The  Scholiast  on  Aristophanes  {Paje^ 
1009)  and  Aelian  (F./T.  xil  35)  mention  three 
origind  Bacides,  one  of  Eleon  in  Boeotia,  a  second 
of  Athens,  and  a  third  of  Caphys  in  Arcadia. 
(Compare  Aristoph.  E^t.  123^  998,  Avm^  963  ; 
Clem.  Alex.  Strom,  l  398.)  From  these  three 
Baddes  all  othen  were  said  to  be  descended,  and 
to  haye  deriyed  their  name.    Antichares  (Hctod. 


DIVINATfO. 
V.  43),  Honeos  (Herad.  vil  6),  Endoiia  of  Cjrpra 
(Pans.  X.  12.  §  6),  and  Lycns,  aon  of  Pandioa 
(Pans.  L  e.\  probably  bdoi^  to   the    Baciaea 
The  SibylhK  were  prophetic  wodmb,  prafaablj  c^ 
Asiatic  origin,  whose  peculiar  custom    m&ema    t4 
have  been  to  wander  with  their  sacred  booka  frrcn 
place  topfaoe.    (Liv.LL)  Aeliaa  (  K. //:  xn.  35  J 
states  that,  according  to  some  anthon,  there  were 
foor  Sibyllae,  —  the  Erytluaean,  the  Smoiiin,  thic 
Egyptian,  and  the  ftwijninn  •  bat   that   otb»-B 
added  six  more,   among  whom  there  waa    one 
called  the  Comaean,  and  another  called  the  Jewri»b 
SibyOa.     Compare  Suidas  («.«.  2£6taXAsu>,  amd 
Pansanias  (x.  12),  who  has  devoted  m  whole  chap- 
ter to  the  SibyUae,  m  which,  however,  he  does  noc 
dearly  distinguish  between  the  Sibjfiae  pfrapesi^- 
so  called,  and  other  women  who  traveiled  about 
and  made  the  prophetic  art  their  profeaoioo,  and 
who  seem  to  have  been  very  numeroos  in  all  porLs 
of  the  ancient  worid.  (CleoL  Alex.  SSftmn.  i.  3J9.> 
The  Sibylla  whose  books  gamed  ao  great  an  ioa* 
portance  at  Rome,  was,  according  to  Vairo  (ap. 
LaOtmL  L  6),  the  Erythraean  :  the  booka  which 
she  was  said  to  have  sdd  to  one  of  the  Tarqoiifea, 
were  carefully  concealed  from  the  pablic*  and  only 
accesuble  to  the  dnumvirs.    The  early  existence 
of  the  SibyUae  is  not  as  certain  aa  that  of  the 
Baddes  ;  bnt  in  some  legends  of  a  late  date,  tber 
occur  even  in  the  period  previous  to  the  Trojan 
war,  and  it  is  not  improbable  that  at  aa   earlr 
period  every  town  in  Greece  had  its  ptophedes  by- 
some  Bacis  or  Sibylla.  (Pans.  I.  c.)    Thej  aeem  to 
have  retained  their  odebrity  down  to  the  tine  of 
Antiochos  and  Demetrius.  (See  Niebuhr,  //iu^.  •/" 
Rome^  I  p.  503,  &c) 

Besides  these  more  respectable  prapheta  and 
prophetesses,  there  were  numbera  of  diviners  of  an 
inferior  order  (jcpviafMoXSyot),  who  made  it  their 
business  to  explain  dl  sorts  of  signs,  and  to  teU 
fortunes.  They  were,  however,  more  particolarir 
popular  with  the  lower  orders,  who  are  everywhere 
most  ready  to  believe  what  is  most  mairdlons  and 
least  entitled  to  bdiet  This  dasa  of  dirinera, 
however,  does  not  seem  to  have  existed  until  a 
comparatively  late  period  (Thucyd.  iu  21 ;  Ariatoph. 
Ave$^  897,  P<ur,  986, 1034,  Slc\  and  to  have  been 
looked  upon,  even  by  the  Greeks  themaelreay  as 
nuisances  to  the  public. 

These  soothsayen  lead  us  naturally  to  the  mode 
of  divination,  of  whidrsuch  frequent  use  waa  made 
by  the  andents  in  dl  the  affiun  of  pnblic  and 
private  life,  and  which  chiefly  consisted  in  the  in- 
terpretation of  numberless  signs  and  phenotnena. 
No  public  undertaking  of  any  conseqaenee  was 
ever  entered  upon  by  the  Greeks  and  Romans 
without  consulting  the  will  of  the  gods,  by  ofaaerr- 
ing  the  signs  which  they  sent,  especially  those  in 
the  sacrifices  offered  for  the  purpose,  and  by  which 
they  were  thought  to  mdicate  the  success  or  the 
failure  of  the  undertaking.  For  this  kind  of  divi- 
nation no  divine  inspiration  was  thought  neccaaarr, 
but  merely  experience  and  a  certain  knowledge 
acquired  by  routine  ;  and  dthough  in  some  cases 
priests  were  appointed  fior  the  purpose  of  obaerring 
and  expUining  signs  [Auona;  Uakuspsz],  yet 
on  any  sudden  emergency,  especially  in  private  < 
aiRurs,  any  one  who  met  with  something  ejctnior-  ' 
dinary,  might  act  as  his  own  interpreter.  The 
principal  signs  by  which  the  gods  were  thought  to 
declare  their  will,  were  things  connected  with  the 
offering  of  sacrifices,  the  flight  and  voice  of  birds. 


DIVINATIO. 

iS  kind*  of  attiml  phenomena,  cadintfy  as  wdl 
M  extiMidiiiiij,  and  dieams. 

Tk  intopvetalioii  of  sigiM  of  the  fixat  dan 
CuftfrnrT^a  or  kpoffKOfwiay  hcsnupiemm  or  an 
loi  ■yiieiMffX  »aa|  according  to  Aeachylna  {PromuA. 
4d2,&c),tbeiBTaitionofPraiietbeas.  Itaeems 
to  kve  been  Boat  cnltinaed  bj  the  Efcmacana, 
iBtfBgwiMNB  it  waa  laiaed  into  a  complete  acicDce, 
a&d  &»  wham  it  paaaed  to  the  Romana.  Sacri- 
£cei  voe  dthar  offend  for  the  apeeial  pnzpoae  of 
casjfalta^  the  soda,  or  in  the  ordinaiT  way  ;  hut 
ia  bcth  caaea  the  aigna  were  obaerred,  and  when 
tfccy  vere  ptopitioaa,  the  aacrifice  waa  aaid  coAAic- 
/^.  The  priaeipal  poiniathat  were  MneiaUy  ob- 
Kned  VCR,  1.  The  manner  in  whic£  the  victim 
i^fcm^iai  to  the  altar,  whether  uttering  a  aoond 
er  not ;  the  lianaer  waa  oonaidered  a  fikvooiable 
(sutsi  m  the  aaoifiee  at  the  Paniooinm.  (Stnb. 
?ni.pL  384 ;  comiiBre  Pane.  iT.  32.  §  3.)  2.  The 
nace  cf  the  iateatinea  with  leapect  to  their  odoar 
aed  oBoadmeaa  (AeachyL  PtomeA,  493,  &c. ; 
EoqiL  EkeL  833)  ;  the  lirer  and  bite  were  of 
psiacdar  iaiportanee.  [Caput  Eztoaum.]  3. 
Ik  Bitee  of  tiie  flame  which  oonaamed  the 
9a&»  (aee  ValckcDaer,  ad  Emrip,  Pkom.  1261); 
\aet  the  wocda,  npo^tconrcia,  f/i«i^  ir^fiara, 
^3^nim  9i)iianL,  That  the  amoke  riaing  from 
tk  ahac,  the  Hbatkn,  and  Tarioos  other  thinga 
fliiRd  t»  the  goda,  were  likewiae  ooosideroi 
as  a  Bean  thraogh  which  the  will  of  the  goda 
Kigbt  be  kaoed,  ia  dear  from  the  namea, 
umnmnWf  XtManf^atarr^ia^  KftBo/mrrtia,  and 
otboL  Eqiedal  caie  waa  alao  taken  during  a 
tMi&e,  that  no  inauainciona  or  friToiona  wwda 
««R  attend  by  any  of  the  byatanden:  hence  the 
ubnataou  of  the  prieata,  cij^ivccrreand  c^^^aIs, 
«  rcfin,  ffmmSrt^JaoeU  Umpnt^  and  othera ;  for 
mfnper  cqawwinna  were  not  only  thonght  to  pol- 
liteaad  prdhae  the  aacied  act,  bat  to  1^  unlucky 
«3as  {hfci^^fda,  jcA^Mrcs,  ^ii/ieuy  ^tand  or 
^^  Find.  (X.  TL  1 12  ;  Horn.  K  iL  41). 

The  art  qf  interpreting  aigna  of  the  aecond  dan 
««  ailed  oiMnoTiic^  qiyanan  or  aiupienim.  It 
m,  like  tbe  farmer,  common  to  Oreeka  and  Ro- 
QBia,  bat  «n  aerer  developed  into  ao  complete 
%  ijitenbj  the  fbtmeraa  by  the  latter ;  nordidit 
ncr  attain  the  aame  degree  oif  importance  in  Oreece 
at  it  did  at  Home.  [AuouR.]  The  Oreeka, 
vben  obicr?iBg  the  flight  of  birds,  tamed  their 
&ce  tovarda  the  north,  and  then  a  bird  appearing 
to  tbe  i%bt  (eaatX  eapedally  an  eagle,  a  heron,  or 
«  UooB,  vn  a  &Toamble  aign  (Horn.  H,  ziv. 
274,  xxiT.  310,  Od.  xr.  524)  ;  while  birda  i^- 
peerii^totheleft  (weat)  were  oonaidered  aa  un- 
Ittkj  i^na.  (HooB.  IL  ziL  201,  230  ;  Featoa, 
Lc  Sratroe  Avf,)  Sometimea  the  mere  appear- 
ance of  a  bird  waa  thooght  aoffident :  thoa  the 
AtbaoBia  alwaya  conadered  the  iqppearance  of  an 
«vl  tt  a  bdcy  aijp  ;  hence  the  pcoTerb,  yXab^ 
^v^wai, "  tbeowl  u  oat,"  t.  e.  we  haTO  good  lack. 
Otker  aaimala  appearing  nneiseefcedly,  eapedally 
tn  tnnUeiB  on  their  tteA  {jMmm  iritpilSiiXd^  wen 
aho  tboogbt  omisooa  ;  and  at  Athena  it  waa  con- 
i^oed  a  Tcty  nnlacky  omen,  when  a  weawl  an- 
fond  dazing  the  aaaemUy  of  the  people.  (Ariatopk 
^nta.793.)  Sopoatitiona  of  tkb  kind  are  still 
Brt  vith  in  Kveial  Earopean  eoontriea.  Yarioaa 
ctlier  BKana  were  naed  to  aacertain  the  will  of  the 
N^  aicb  u  the  vt36nipo(uan^  or  divination  by 
J^BB^  Straws  on  red  hot  iron  ;  the  /loAv^SfcoFrcia^ 
br  obKnrii^  the  fignns  which  mdted  lead  fonned ; 


DIVINATIO. 


417 


the  /ieraro/MrrffCa,  or  dinnation  hw  writmg  ose^ 
own  name  on  herba  and  leaTes,  which  were  then 
exposed  to  the  wind,  &c. 

Of  greater  importance  than  the  appearance  of  ani- 
mala,  at  leaat  to  the  Oreeka,  were  the  phenomena 
in  the  heaTcna,  partaeolariy  during  any  pablic 
tranaaction.  They  were  not  only  obaerred  and 
interpreted  by  private  individnala  in  their  own 
affun,  bat  by  the  pablic  magiatratea.  The  Spartan 
q>hora,  aa  we  learn  from  Platardi  {AguSL  11), 
made  regular  obaenratiooa  in  the  heaTons  erery 
ninth  year  daring  the  night ;  and  the  frmily  ik 
the  Pythaistae,  of  Athena,  made  aimilar  obserr- 
ationa  every  year  before  the  theoria  aet  aail  fer 
Ddos.  (Mliller,  Doriam*^  iL  2.  $  14.)  Among 
the  onlodiy  phenomena  in  the  heayens  (Siovii^Sb, 
fft^Mi,  or  poriBmtm)  were  thunder  and  Ughtning 
(Aristoph.  Eeek$.  793 ;  Euatath.  ad  Ham,  Od.  zz. 
104),  an  edipae  of  the  ann  or  moon  (Thncyd.  TiL 
50),  earthqoakea  (Xen.  HtOem.  iT.  7.  f  4),  rain  of 
Uood, atonea,  milk,  &&  (Hom. 72L  zi  53,  Ac.;  Cic 
De  DtmmtL  i.  43).  Any  one  of  theae  signs  was 
aofficient  at  Athena,  aa  well  aa  at  Rome,  to  break 
up  the  aaaemUy  of  the  people.  (Schtfmann,  Da 
OomU.  AdL  p.  146.  &c;  tranaL)  In  conunon  life, 
thiiiga  apparently  of  no  importance,  when  occurring 
at  a  ertticial  moment,  were  thought  by  the  andcnto 
to  be  rigna  aent  by  the  ^oda,  from  which  eondusiona 
might  be  drawn  reapectmg  the  ihture.  Amongtheae 
oammon  occurrences  we  may  mention  aneesing 
(Hom.  Od.  zriL  561,  with  the  note  of  Euststh. ; 
Xen.  Anab.  iii  2.  §  9 ;  Plot  namitL  13 ;  Orid, 
HmAL  19,  151  ;  Propert  iL  2.  83\  twinkling 
of  the  eyea  (Theocrit.  iiL  37  ;  Plant.  Ptemd,  L  2. 
105  ;  compare  WUatemann,  ad  ThaoeriL  L  e.\ 
tinkling  of  the  eaxi,  and  numberlen  other  thinga 
which  we  cannot  here  ennmerate.  Some  of  th«m 
hare  retained  their  aignificance  with  the  anper- 
atitioua  nrallitade  down  to  the  preaent  day. 

The  art  of  interpreting  drMma  {imiparoXia)^ 
which  had  probably  been  introduced  into  Eorope 
from  Aaia,  where  it  ia  atill  a  anireraal  practice, 
aeema  in  the  Homerio  age  to  haTo  been  hdd  in 
high  esteem ;  for  dreams  were  aaid  to  be  aent  by 
Zeua.  (Hom.  /4  L  63,  iL  init,  Od.  ir.  841,  ziz. 
457.)  In  anbaequent  timea,  that  dan  of  diyinen 
who  occupied  themadYea  with  the  interpretation  of 
dieema,  aeema  to  hare  been  very  nomeroua  and 
popular ;  bat  they  nerer  enjoyed  any  protection 
from  the  atate,  and  woe  only  reaorted  to  by  pri- 
yato  individnala.  Some  peraona  are  aaid  to  hare 
gained  their  livelihood  by  thia  profSeaaion.  (Pint. 
ArUtid.  27.)  Reapecting  the  oraelea  which  were 
obtained  by  paning  a  night  and  dreaming  in  a 
temple,  aee  Oraculum . 

For  further  information  concerning  the  art  of 
dirinatian  in  general,  aee  Cicero'a  work,  IM  DM- 
natioaa.  The  fwrrudi  of  the  Oreeka  ia  treated  of 
at  aome  length  by  Wachamutk  (^dZm.  Aliaiik. 
iL  2.  p.  259,  &c,  ToL  iL  p.  585,  2d  edit)  Com- 
pare Thirlwall'b  Hist.  o/Ormce,  L  p.  206,  &c 

The  word  divinatio  waa  uaed  in  a  particular 
manner  by  the  Romana  aa  a  law-term,  which  re- 
quires aome  ezphmation.  If  in  any  case  two  or 
more  accuaera  came  forward  against  one  and  the 
aame  individual,  it  waa,  aa  the  phiaae  ran,  decided 
by  dtviaatio,  who  ahould  be  the  chief  or  real  ao- 
cuaer,  whom  the  othera  then  joined  aa  aubacrip- 
torea ;  i.e.  by  pattiog  their  namea  to  the  charge 
brought  against  the  o^der.  Thia  tranaaction,  by 
whidi  one  of  aeveral  aocuaerg  waa  adected  to  con* 


418 


DIVORTIUM. 


duct  tbe  aoenastioii,  was  called  divinAtioi,  at  tbe 
question  hen  waa  not  aibout  ftctt,  bat  about  wme- 
tbing  wbich  was  to  be  done,  and  whicb  could  not 
be  found  out  by  witnesses  or  written  documents  ; 
BO  that  the  judices  had,  as  it  were,  to  divine  the 
course  which  they  had  to  take.  (AKOiLmAtyutn, 
ad  Cic  Divinat.  m  Cfaeo.  p.  99.  ed.  OrellL)  Hence 
the  omtiott  of  Cicero,  in  which  he  tries  to  show  that 
he,  and  not  Q-  Caecilius  Niger,  ought  to  conduct 
the  accusation  against  Verres,  is  mlled  Divmatio 
in  CaeeUimn.  Compare  c.  15  and  20  of  the  oration, 
and  Qellius,  ii.  4.  [L.S.] 

DIVI'SOR.     [Ambitus.] 

DIVORTIUM,  divorce.  1.  Grssk.  The  term 
for  this  act  was  iae6\<tP^is  or  Avihrc/i^cf ,  the  fonner 
denoting  the  act  of  a  wife  leaving  her  husband,  and 
the  ktter  that  of  a  husband  dismissing  his  wifo. 
(Dem.  A  OnM,  p.  865,  e,  Neaer.  pp.  1362,  1365.) 
The  only  Greek  states  respecting  whose  laws  of 
divorce  we  have  any  knowledge,  are  Athens  and 
Sparta.  In  both  states  the  law,  it  appears,  permitted 
both  husband  and  wife  to  call  for  and  effect  a  divorce, 
though  it  was  much  easier  for  a  husband  to  get  rid 
of  his  wife  than  for  a  wifo  to  get  rid  of  her  husband. 
The  law  at  Athens  allowed  a  man  to  divorce  his 
wife  without  ceremony,  simply  by  his  act  of  sending 
her  out  of  his  house  (^mrifiTf  ly,  iarow4ii'r€iv\  but 
ho  was  bound  to  restore  to  her  the  dowry  which  she 
had  brought  to  him,  or  to  pay  her  the  interest  of 
nine  oboli  per  drachma  every  month,  and  in  ad* 
dition  to  this,  to  provide  for  her  maintenance. 
(Dcmosth.  c  Neaer.  p.  1362.)  It  would,  however, 
seem  that  a  husband  thus  dismissing  his  wife, 
usually  did  so  in  the  presence  of  witnesses.  (Ly- 
sias,  e.  Aleib.  p.  541.)  What  became  of  the 
children  in  such  a  case  is  not  mentioned,  but  it 
is  probable  that  they  remained  with  the  fother.  If, 
on  the  other  hand,  a  wife  wished  to  leave  her  hus- 
band, she  was  obliged  in  person  to  appear  before 
the  archon  and  to  deliver  up  to  him  a  memorial 
coitaining  the  reasons  why  she  wished  to  be  di- 
vorced. (Plut  Aldb.  8.)  She  had  to  conduct  her 
case  quite  alone,  for  as  she  was  in  her  husband's 
power  so  long  as  the  verdict  was  not  given,  no  one 
nad  a  right  to  come  forward  and  plead  her  case.  If 
both  parties  agreed  upon  a  divorce,  no  further  pro- 
ceedings  were  required,  mutual  consent  being  suf- 
.  ficient  to  dissolve  a  marriafle.  Bui  if  one  party  ob- 
jected, an  action  (Avor^fi^csfi  or  &woXi£^wr  Sdny) 
might  be  brought  against  the  other :  the  proceed- 
ings in  such  a  case,  however,  are  unknown.  (Heff- 
ter,  Aiheii,  Ghriekitmrf,  pp.  250,  414  ;  Meier,  AtL 
Proo,  p.  413,.  &c) 

At  Sparta,  it  seems,  a  man  might  dismiss  bis  wife^ 
if  she  bore  him  no  issue.  (Herod,  v.  39,  vi.  61.) 

Charondas,  in  his  legislation  at  Thurii,  had  per- 
mitted divorce,  but  his  law  was  subsequently  modi- 
fied by  the  addition,  that  if  divorced  persons  should 
wish  to  marry  again,  they  should  not  be  allowed  to 
marry  a  person  younger  than  the  one  from  whom  he 
(or  she)  had  been  separated.     (Diod.  xii.  18.) 

A  woman,  after  ner  divorce,  ntumed  to  the 
house  of  her  fother,  or  of  that  relative  who  was 
under  obligation  to  protect  her  if  she  had  never 
been  married  at  all.  In  reference  to  her  he  was 
her  ir^fMos.  (Demosth.  «.  Neaer,  p.  ]  362.)     [L.  S.] 

2.  Roman.  The  word  dwortimm  signified  ge- 
nerally a  separation,  and,  in  a  special  sense,  a  dis- 
solution of  marriage.  A  Roman  marriage  was  dis- 
solved by  the  death  of  the  wife  or  husband,  and  by 
divortium  in  the  lifetime  of  the  husband  and  wife. 


PIVORTIUIL 

The  statement  of  Pbtareh  (A»miL23)  tloU  tiM 
husband  alone  had  originally  the  power  of  effeetii^ 
a  divorce  may  be  true  ;  but  we  f  Tmnt"  reijr  ali 
together  on  such  an  authority.  In  tbe  aaaea  of  cotij 
ventio  in  maunm,  one  might  suppose  that  at  woanau 
could  not  eflbet  a  divorce  wiraoot  tlM  eosiaait  vi 
her  husband,  but  a  passage  of  Qaina  (L  137)  seent^ 
to  say,  that  the  conventio  in  mamm  did  not  Umi^ 
the  wife^s  freedom  of  divoroe  at  the  taoe  wrfaei^ 
Oaius  wrote  (Bdcking,  InaUt,  L  229.  n.  3>.  Tb^ 
passage  of  Dionysius  {Amtiq.  Rom.  ii.  25),  in  wkk-ix 
he  treats  of  marriage  by  eonfiffreatiii,  dedaree  tbafi 
the  marriage  eonld  not  be  dissolved. 

Ab  the  essential  part  of  a  Buuriage  was  tbe  cobih 
sent  and  conjugal  a£foction  of  the  peitiea»  it  wsiai 
consideied  tluit  this  aflectien  was  bhisbiiiji  to  xta 
oontinuanoe,  and  acoordiugiy  either  pertjr  nngbt 
declare  his  or  her  intention  to  disaolire  tlie  eon- 
nection.  No  judicial  decree,  and  no  mterleraioe 
of  any  public  authority,  was  requisite  to  di— rtire  a 
marriage*  Filii&milias,  of  course^  required  the 
consent  of  those  in  whose  power  they  wea«.  The 
first  instance  of  divorce  at  Rome  ia  jud  to  hove 
occurred  about  b.  a  234,  when  Sp.  Oarvilhn  R^f(a 
put  away  his  wife  (A.  GeU.  iv.  3»  xriL  21  ; 
VaL  Max.  iL  1.  §  4)  on  the  ground  of  hcuren- 
ness :  it  is  added  that  his  condact  waa  msiieially 
condemned.  The  real  meaning  of  the  atoty  ia 
explained  by  Savigny  with  bis  uaanl  acntcnesa 
{ZeUackrift^  &c.  vol.  ▼.  p.  269). 

Towanls  the  latter  part  of  the  lepofalicy  and 
under  the  empire,  divorces  became  Teiy  < 
and  in  the  case  of  marriagea,  whae 
that  there  was  no  convcntb  in  mamnn, 
no  particular  form  required.  Cn.  Panpeina  di- 
vorced his  wife  Mucia  for  alleged  adidteij^  snd  his 
conduct  was  approred  (Cic.  ad  AIL  L  12,  18)  ; 
and  Cicero  speaks  of  Paula  Vakim  (pd  Frnm, 
viiL  7)  as  being  ready  to  serve  her  hsabnnd,  on 
his  return  from  his  province,  with  notiee  of  divoftcu 
(Compare  Juv.  vL  224,  &c.  $  Mart,  vi  7.)  Gkeco 
himself  divoreed  his  wiife  Tereatia,  after  lirn^  with 
her  thirty  years,  and  married  a  yovng  woman 
whom  he  also  divorced  (Pint  Oia.  41  >.  Cato  the 
younger  divorced  hw  wife  Marcia,  that  hia  friend 
Hortensius  might  mairy  her  and  have  diihiien  by 
her ;  for  this  is  the  true  meaning  of  the  atorj.  (  Plot. 
Cat*  Mm,  25.)  If  a  husband  divened  hia  wife,  the 
wife^  dos,  as  a  genexal  rule,  was  resUxed  f  Doe]  ; 
and  the  same  waa  the  case  when  the  divorce  took 
place  by  mutual  consent.  As  divotue  beeanae  aaoie 
conunon,  attempts  were  made  to  check  it 
rectly,  by  affixing  pecuniary  penalties  or  ] 
faoseconduc 


loss  on  the  party  whose  conduct  rmdoed  t 
necessary.  This  was  part  of  the  object  of  the  lex 
Papia  Poppaea,  and  of  the  rules  aa  to  the  letentio 
dotis,  and  judicium  morum.  There  waa  the  r^ 
tentio  dotis  propter  liboos,  when  the  divesce  was 
caused  by  the  feult  of  the  wife,  w  of  her  fiuher^  in 
whose  power  she  was :  three'Satfaa  of  the  dea  was 
the  limit  of  what  could  be  so  retained.  On  ac- 
count of  matten  moram  gravionim,ittch  as  adnltery, 
a  sixth  part  might  be  retained  ;  ia  the  caae  of 
matters  morum  leviarum,  one  eig^UL  The  huafaand, 
when  in  feult,  was  paniBhed  by  being  required  to 
return  the  dos  earlier  than  it  was  othenriae  re- 
turnable. Af^  the  diroroe,  either  party  ni^t 
marry  again.    (Sueton.  Avff,  34.) 

By  the  lex  Papia  Poppaea,  a  freedwoman  who 
had  married  her  patronus  could  not  divorce  her> 
self  i  there  appeaia  to  have  been  no  other  cbns  of 


DOCANA. 

flBliJMfied  to  thn  incapacity.  (Dig.  24. 
tLt2.a.lL) 

CocTMpaadsiig  to  the  fiscnM  of  nuurkge  bj  eon- 
tet«tio  and  coemtiQ;  tlieie  were  the  Ibnu  of 
dirone  bj  difineatio  and  remuidpatio.  Aoeoid- 
ii^  to  Feetns  {a.  o.  D^brrao^),  diffiureatio  wu  a 
kad  «f  Rl%iaw  eenmony  ao  ca&ed,  **  quia  fiebat 
&iTeo  libo  adhJUto,**  hy  wbich  a  mairiage  was  dio> 
Kdred  ;  aaul  Platareh  {QHoeaL  /torn.  50)  hae  been 
mppnewd  to  aSade  to  tbn  oeremony  in  the  caie  of 
a  dhom  between  the  flamen  dialie  and  his  wife. 
It  ii  Mid  that  originally  maniagea  eontraefeed  by 
coniuieatio  wen  indinolnble  ;  and  in  a  later  age, 
tkk  vae  the  caae  with  the  mairiage  of  the  flaaien 
<&Iis  (GciL  X.  15),  who  was  mamed  by  eon£sr- 
reatA  In  the  ease  refisned  to  by  Plntaceh,  the 
eapenr  aathnriiad  the  diroioe.  A  mazriage  by 
diB0^red  by  remancipatio  (Festns, 
n).  In  other  cases,  less  oere- 
;  bat  atill  some  distinct  notioe  or 
ibdsiatkB  of  intention  was  necessary  to  constitate 
a  diroroe :  the  simple  het  of  either  party  con- 
aacting  another  marriage  was  not  a  legal  diTorce. 
<Cic  OnL  L  40.)  The  ceremony  of  breaking  the 
npHakB  tabtdtm  (Tacit.  Am,  xi.  30),  or  of  taking 
the  keji  of  the  boose  from  the  woman  and  taming 
her  oot  of  doen,  were  probably  eonsidered  to  be 
acts  of  themselves  s^mficant  enoogh,  though  it 
laaj  be  pcesomed  that  they  were  generally  aocom- 
pmied  witk  dedarations  that  coold  not  be  mis- 
inideistood.  The  general  practice  was  apparently 
to  deliver  a  wxittea  notice,  and  perhaps  to  assign  a 
reason.  In  the  case  of  Paula  Valeria,  mentioned 
hy  Cioen^  no  reason  was  assigned.  By  the  Lex 
Joiia  de  Adolteriis,  it  was  prorided  that  there 
sbooki  be  aerea  witnesses  to  a  diTorce,  Roman 
otwBs  of  fall  age  (^wfisres),  and  a  freedman  of 
the  party  who  made  the  diTorc&  (Dig.  24.  tit  2. 
*9.) 

Under  the  eariy  Christian  emperors,  the  power 
of  dinxoe  rentaiaed,  as  before,  subject  to  the  ob- 
Kftaaee  of  certain  lorms.  Justinian  restricted  the 
power  of  diTsne,  both  on  the  part  of  the  husband 
and  the  wifie,  to  certain  cases,  and  he  did  not  allow 
a  diTone  ercn  by  the  consoit  of  both  parties,  unless 
tk  object  ef  die  parties  was  to  live  a  life  of  ehas- 
^;  a  eoncesaion  made  to  the  opinions  of  his 


D0CIMA8IA. 


419 


The  tenai  fepadiam,it  is  said,  properly  iqiplies  to 
a  loairiage  only  oontractod  [MATRiMONitrif  ],  and 
divactiBBi  to  aa  actval  marriage  (Di^.  50.  tit  16. 
L  101.  ISl)  ;  bat  sometimes  dirortium  and  ro- 
fodiaai  appear  to  be  naed  indifferently.  The 
pbaics  to  egcpreas  a  divoRo  are,  nuneinm  remit- 
ttn,  diTortinm  fitceie  ;  and  the  form  of  words 
Bight  he  as  follow — **Taas  res  tibi  habeto^  toas 
RstOaagitow**  (Cie.  POL  iL  28  ;  VlamX,  AmpiU. 
iii  2. 47,  TWwak  ii  1.  43.)  The  phrases  used  to 
expren  the  nmmciation  of  a  mairiage  oontnct 
were,  naoatiare  lepndium,  repudium  remittere, 
dim,  and  repndiare ;  and  the  form  of  words 
Bight  be,  **  Conditione  toa  non  utor."*  (Dig.  24. 
tit  2 :  UlpL  Fr^  ri. ;  Heineec  Spdagma;  Cod. 
5.  tit  17,  and  24  ;  Rein,  I>M  AoMue&e  iVveotfraoJU  / 
and  as  to  ^  ktcr  Roouui  Law,  Thibant,  Sjfttem^ 
&c  9th  cd.)  [G.  L.] 

OO'CANA  {rk  S^ova,  from  ^OKisy  a  beam) 
was  aa  aadeat  symbolical  repreaentation  of  the 
DiMcori  (Castor  sad  Polydeooes),  at  Spaita.  It 
eaaiBtcd  of  two  upright  beams  with  others  laid 
3y.    {^^hxL  D9  Amor,  Fnttr, 


1.  p.  96.)  This  rade  symbol  ot  fbtenal  unitw 
eridently  points  to  a  very  remote  age,  in  which 
acaroely  any  attempta  in  acnlpture  can  have  been 
made.  At  a  later  time,  when  works  of  art  were 
introdiwed  into  all  the  spheres  of  ordimuy  life, 
this  mde  and  aacieat  object  of  worship,  like  many 
others  of  its  kind,  was  not  snpeneded  by  a  more 
appropriate  symbol  The  Dioscuri  were  worshipped 
as  gods  of  war,  and  we  know  that  their  images 
accompanied  the  Spartan  kings  whenever  they 
took  the  field  against  an  enemy.  But  when  in  the 
year  504  a.  a  the  two  kinga,  during  their  inva- 
sion of  Attio,  foiled  in  their  nnderUking  on  ac- 
count of  their  secret  enmity  towards  each  other, 
it  was  decreed  at  I^MUta,  that  in  fotnre  only  one 
king  should  eommand  ^e  army,  and  in  conso- 
qaenoe  should  only  be  acoompaniod  by  one  of  the 
nn^^  of  the  Dioscuri.  (Herod.  ▼.  75.)  It  is  not 
improbable  that  these  images,  accompanying  the 
kings  into  the  field,  were  the  ancient  Micaya,  which 
were  now  disjointed,  so  that  one  half  of  Uie  sym- 
bol remained  at  Sparta,  while  the  other  was  taken 
into  the  field  by  one  of  the  kinga.  Suidaa  and  the 
RtymcJogicnm  ICagnum  (t.  o.)  atate  that  MKai>a 
waa  the  name  of  the  gravea  of  the  Dioaenri  at 
Sparta,  and  derived  firom  the  verb  S^ofuu.  (MQI- 
ler,  Donona,  L  5.  §  12.  note  as  ii  10.  §  8 ;  Zoega, 
De  OUUkU,  p.  228.)  [L.  8.} 

DOCIMA'SIA  (8o«ci^ia<ris).  When  any  citi* 
sen  of  Athens  was  either  appointed  by  lot,  or 
chosen  by  suffiace  (uKiiptnhs  itmt  aiptr4f ),  to  hold 
a  public  office,  he  waa  obliged,  before  entering  on 
ita  duties,  to  submit  to  a  doetjmama,  or  scrutiny 
into  his  previons  life  and  conduct,  in  which  any 
person  could  object  to  him  as  unfit  This  was  the 
case  with  the  archons,  the  senators,  the  strategi, 
and  other  magistrates.  The  examination,  or  ana- 
crisis,  fiff  the  arehonship  was  conducted  by  the 
senatorB,orinthecourtsoftheheliaea.  The  ifokma- 
MO,  however,  was  not  confined  to  persons  appointed 
to  public  offices  ;  for  we  read  of  the  denounoement 
of  a  scrutiny  {hnpyytKia  5oieiftaoiat)  against  ora- 
tors who  spoke  in  the  aisembly  whUe  leading 
profligate  lives,  or  after  having  eommitted  flagi- 
tioQs  crimes.  This  denmmoement  might  be  nu^o 
in  public  by  anv  one  wpiks  hotufminav  rau  ^iov, 
t.  e.  to  compel  we  party  complained  of  to  appear 
before  a  court  of  justice,  and  ^ve  an  aoeount  of  his 
life  and  conduct  If  found  guilty,  he  was  punished 
with  atimia,  and  prohibitdL  firom  the  asaomblies. 
(Aesch.  Timardi.  p.  5.) 

The  phraae  Mpa  ^ptu  8oim^uw0i|mu  needs  a 
few  wonls  of  expkaation.  At  the  age  of  eighteen, 
every  Athenian  became  an  ephebos,  and  after  two 
years  was  enrolled  amongst  the  men,  so  that  he 
could  be  present  and  vote  at  the  assemblies.  (Poll, 
viii  105.)  In  the  case  of  wards  who  were  heirs 
to  property,  this  enrolment  might  take  place  before 
the  expiration  of  the  two  years,  on  it  being  esta- 
blished by  a  dodmatia  that  the  youth  was  physi- 
cally qualified  to  discharge  any  duties  the  state 
might  impose  upon  him.  If  so,  he  was  released 
from  guardianship,  and  *^  became  a  man  ^  (iy^p 
4y4yeroy  or  Bweif»d<r0fi)y  being  thereby  empowered 
to  enter  upon  his  inheritance,  and  enjoy  other 
privileges,  just  as  if  he  were  of  the  full  age  of 
twenty.  (Haipocr.  s.  o.  'EirMerfs  ^^(u :  Dem. 
e.  Aphob,  p.  857,  c.  Onet.  p.  865,  e.  S^  p.  1 135.) 
We  may  add  that  the  statements  of  the  pammarians 
and  orators  are  at  variance  on  this  pomt ;  but  the 
explanatbn  we  have  given  seems  the  best  way  of 
a  B  2 


4*20 


DOLABRA. 


reconcilipg  them,  and  it  agieei  in  tnbstanoe  with 
the  supposition  of  SchSmann,  **  that  among  the 
Athenians,  no  one  period  was  appointed  for  enrol- 
ment, proTided  that  it  was  not  done  before  the 
attainment  of  the  18th,  nor  after  the  completion 
of  the  20th  year/*  (Schdmann,  De  ComxtiU^  pp. 
75,241,&c.)  [R.W.] 

D0DRAN8.    [Aa] 

DOLABRA,  dim,  DOLABELLA  (iritiKii^  dim. 
afuXiov),  a  chisel,  a  celt,  was  used  for  a  variety  of 
purposes  in  ancient  as  in  modem  times.  They  were 
frequently  employed  in  making  entrenchments  and 
in  destroying  fortifications  (Liv.  ix.  37,  xxi.  1 1  ; 
Curt  ix.  5  ;  Tacit  HisL  iiL  20)  ;  and  hence  they 
are  often  found  in  ancient  earth-works  and  en- 
campments. They  abound  in  our  public  mu- 
seums, being  known  under  the  equivalent  name  of 
•*  celts"  to  antiquaries,  who,  however,  generally 
use  the  word  without  understanding  its  true  sense. 
(See  Jamieson*^  Etym,  Diet,  t.  «.  Celt.)  Caltes  is 
an  old  Latin  word  for  a  chisel,  probably  derived 
from  oodo,  to  engrave.  Thus  the  phrase  eelia 
aoulpantur  in  tilice  occurs  in  the  vulgate  version  of 
Job  (xix.  24),  and  malleolo  et  edU  Uteratut  $ilex  in 
an  inscription  found  at  Pola.  (Grater,  p.  S29.) 
These  articles  are  for  the  most  part  of  bronse, 
Qiore  rarely  of  hard  stone.  The  sixes  and  forms 
which  they  present,  are  as  various  as  the  uses  to 
which  they  were  applied.  The  annexed  woodcut 
is  designed  to  show  a  few  of  the  most  remark- 
able varieties.  Fig.  1  is  from  a  celt  found,  with 
several  others,  at  Karabrd  in  Cornwall.  (Borlase, 
Ant  of  CbrnwaH,  iii.  13.)  Its  length  was  six 
inches  without  the  haft,  which  was  no  doubt  of 
wood,  and  fixed  directly  into  the  socket  at  the  top. 
It  must  have  been  a  very  effective  implement  for 
removing  the  stones  in  the  wall  of  a  city  or  fortifi- 
cation, after  they  had  been  first  shattered  and 
loosened  in  some  degree  by  the  battering-ram. 
The  ear,  or  loop,  which  is  seen  in  this  and  many 
other  celts,  would  be  useful  to  suspend  them  firom 
the  soldier's  girdle,  and  may  also  have  had  a  cord 
or  chain  attached  to  it  to  assist  in  drawing  back 
the  celt  whenever  it  became  too  firmly  wedged  be- 
tween the  stones  of  the  wall  which  it  was  intended 
to  destroy.  Figs  2  and  3  are  from  Sir  W.  Hamil- 
ton's collection  in  the  British  Museum.  These 
chisels  seem  best  adapted  for  the  use  of  the  car- 
penter. The  celt  (fig.  4)  which  was  found  in 
Funiess,  co.  Lancaster  {Archaedofficiy  v.  p.  106), 
instead  of  being  shaped  to  receive,  or  to  be  in- 
serted into  a  handle,  like  the  three  preceding,  is 
made  thick,  smooth,  and  round  in  the  middle,  so 
as  to  be  conveniently  manipulated  without  a 
handle.  It  is  9  inches  long,  and  weighs  2  lb.  5  ox. 
Its  sharp  edge  is  like  that  of  a  common  hatchet, 
and  may  have  been  used  for  polishing  timber.  On 
1  S  8  4         6  6 


the  other  hand,  figs.  5,  6,  7,  exactly  resemble 
the  knife  now  used  by  leather-cutters,  and  there- 


DOMICILIUM. 

fore  iHustiate  ihe  aocoont  given  bj  Julias  PdlDz, 
who  reckons  this  same  tool,  the  <rfdXfi,  among  the 
ipyaXtta  rod  eneurorSfwv,  This  instrument  was 
also  used  for  cutting  pa^r,  and  probably  in  tbe 
same  manner  (oyifAa  x^^^f^'f  sic3a,  Pkiloz. 

Gl098.). 

The  following  woodcut  shows  a  small  hraoxe 
celt,  fixed  into  a  handle  of  stages  bom,  and  there- 
fore exemplifies  one  of  the  modes  of  attaching  tb« 
metal  to  its  haft  It  was  evidently  adapted  for 
very  fine  woric,  and  is  strongly  contrasted  with 
the  above-figured  celt  from  CorawalL  It  vas 
found  in  an  ancient  tomb  in  Wiltshire.  (Sir  R. 
C.  Hoare*^  Ane.  WiUi,  Somth^  pp.  182,  203.)  Tbe 
two  other  figures  in  this  woodcnt  leprttent  tbe 
knife  used  in  sacrifices,  as  it  is  often  exhibited  m 
cameos  and  bas-reliefs,  being  the  soono,  scwau,  or 
doiabra  pontiJiaUiSy  mentioned  by  Fcstus  {s.v. 
Sema)  ;  and  the  aeatrii  dolabrcOtt,  or  hatchet  fiir- 
nished  with  a  chisel  (Pallad.  De  Re  RmtL  i  4S)  u 
sculptured  on  a  funenal  monument        [J.  T.] 


0^ 


U 


DO'LICHOS  (WXtxot).  [Stadium.] 
DO'LIUM.  [ViNUM.] 
DOLO  (WXw).  1 .  A  secret  poniard  or  dag^ff 
contained  in  a  case,  used  by  the  Italians.  It  was 
inserted  in  the  hsmdles  of  whips  (Dig-  9.  tit  1 
8.  52  ;  Scrv.  ad  Ftiy.  Aen,  vil  664),  snd  alio  in 
walking-sticks,  thus  corresponding  to  oar  aword- 
stick.  It  was  a  weapon  of  the  latter  kind  tbat 
Tib.  Gracchus  carried  (Pint  Tib,  G^rtMoi  10  ;ooDp. 
H^sych.  «.  V,  A6Ketr€s), 

2.  A  snmll  top-sail.    [Navis.] 
DE  DOLO  MALO  ACTIO.  [Culfa.] 
DOLUS  MALUS.     fCuLPA.] 
DOME'STICL    [Prabtobianl] 
DOMICI'LI  UM.    This  word  signifies  a  iwn^ 
regular  place  of  abode.     It  was  used  in  the  Lex 
Phuitia  Papiria  in  such  a  manner,  that  wboi  tbat 
lex  was  enacted,  b.  c.  89,  the  word  drnkSim 
must  have  had  a  fixed  meaning :  "  Si  qui  foedeiat» 
civitatibus    adscripti    fnissent,    si  tom  can  lex 
ferebatur  in  Italia  domicilium  habuissen^et  n 
sexaginta  diebus  apud  pnetorem  essent  pivfew-'' 
(Cicero,  Pro  J  rcWa,  c  4.)    This  fiirther  sppwn 
from  another  passage  in  the  same  chspter:  *^A* 
domicilium  Romae  non  habnit:  is  qui  tot  annu 
ante  civitatem  datam  ledem  omuam  renim  m 


DOMINIUM. 

Bomae  coIIoATit ;  **  and  tdiis 
adiRct  definition  agrees,  in  pert,  with  one  in  the 
Cade,  which  wiU  presentlj  \i  dted 

That  an  tazioas  definitione  of  domidliiiin  in 
tbe  Cvput  Jwii.  One  of  tJ&efle  (Dig.  50.  tit  1. 
L  27.  I  1)  dcienainee  tliat  a  penon  must  be  con- 
akesti  to  have  his  demiciliiim  in  a  monicipiiini,  if 
be  biiji  and  idk  there*  attends  tiM  poblic  meo- 
ttdd,  keeps  ^  HeetiTal  days  there,  and,  in  fine, 
ajajt  all  the  adTanlages  of  the  mnnicipium,  and 
■oneof  the  eolonia,  or  Uie  plaee  where  he  is  merelj 
fer  the  pozpose  of  cnltiTation  (ubi  oolendi  loris 
am  TenatorX  In  another  passage  (Cod.  10. 
vt  40  (39.)  a  7X  it  ia  stated  that  a  dvis  is  nuide 
by  01^  manmnisaiQ,  allectio  Tel  adoptio  ;  but 
tiiit  dcBucilnnn,  as  an  edict  of  Divns  Hadrianos 
dedaio,  makes  a  peraon  an  ineofak  Domicilium 
a  tbfs  defined  in  the  following  terms :  **  In  eo 
km  sngnlfls  habere  domidliam  non  ambigitnr  ubi 
fdi  hran  leromqiie  ac  fortnnarum  snmmam  con- 
i^tnit,  lade  roisaa  nan  diaoeasoras  si  nihil  ayooet, 
rade  com  prefiectos  eat  peregrinari  videtor,  quod 
(^?)  n  ndiit,  peregrioBri  jam  destitit** 

Ib  a  psHage  in  the  ^%^  (^^-  ^^  ^-  "-  ^)« 
*'  imfauB  caae**  and  **domicilinm  habere ""  are  used 
weqiavalent  tennai 

It  vaa  important,  for  many  purposes,  to  deter- 
niae  where  a  man  had  hia  permanent  abode.  An 
iacob  vas  boond  to  obey  the  magistrates  of  the 
fiaee  vhere  he  waa  an  incola,  and  also  the  magis- 
tales  of  the  pfaice  where  he  was  a  civis  ;  and  he 
«as  not  oaly  sab)ect  to  the  municipal  joiisdiction 
m  both  mnnicipia,  but  he  was  bmmd  to  perform 
ili  public  fvnctiona  (pablica  mnnera).  If  a  man 
vu  boond  (oUi^itna),  to  pay  a  som  of  money  in 
Italy,  and  had  £a  domiciliQm  in  a  pnYinda,  he 
Bigkt  be  sued  dtfacr  in  Italy  or  in  the  proTince 
(1%  5.  tit.  1.  a.  19,  §  4).  A  son  followed  the 
driiu  which  was  the  natnralis  origo  of  his  fother, 
nd  did  not  follow  his  fother^  domicfliom.  If  a 
■aa  had  BO  lepl  father  (  jnstns  paterX  he  followed 
the  ori^  of  h£  mother.  In  the  Praescriptio  longi 
teaipans  decern  vd  Tiginti  annonun,  it  waa  enacted 
br  JwtDiian,tliai  the  tea  yean*  prescription  should 
f^,  if  both  parties  (tam  petens  quam  possidens) 
W  their  domwnlinm  in  the  same  prorinda  }  if  the 
tVB  parties  had  not  their  domicilium  in  the  same 
prarmee,  the  preacriptian  of  twenty  years  applied. 
(Cod.7.  titSS.  a.  12.) 

^  Theaiodem  law  of  Domicne  is  a  branch  of  what 
»  HOMtigiea  called  inteniational  law  ;  and  many 
flf  the  pdncxplea  which  are  admitted  in  modem 
tecs  are  foonded  on  the  Roman  rulea.  (7%e  Law 
^  BmidU  by  Robert  Phillimore^  1847  ;  Bnige, 
GxaMBtaPM*  oa  Cklimui  omd  Formgn  Law^ 
T«Ll)  [aiu] 

DOMI'NIUM.  Dominium  8i|;nifiea  quiritarian 
ovaetskip  of  a  thing ;  and  dommua,  or  dominus 
h|itiaaa,  is  the  owner.  Possessor  is  often  used 
by  RflBBan  wziters  as  eqniralent  to  owner ;  but 
tbis  IS  not  a  strictly  coneet  use  of  the  word^  In 
like  Banner,  *'te  haTe  ownenhip**  is  sometimes 
opRased  by  **pofisidere  ;^  and  the  thing  in  which 
wn  is  property  is  sometimes  called  '^possessio.** 
(^^7»  J>o»  Htckt  det  BeMibiea^  p»  85,  5th  ed.) 

The  complete  notion  of  propcrW  or  ownership 
^xapAeoAM  the  determination  of  the  things  whicb 
■aj  be  the  obveeCs  of  ownership;  the  power  which 
ft  nam  n^  hare  orer  such  objects,  both  as  to 
dnatsoB  i^  time  and  extent  of  enjoyment ;  the 
Bodes  m  which  ownetdiip  may  be  acquired  and 


DOMINIUM. 


421 


lost ;  the  persons  who  are  capable  of  acquiring, 
tnnaferring,  or  loaing  ownership. 

Res  is  the  general  name  for  anythinff  which  is 
the  object  of  a  legal  act.  The  chief  diviaion  of  rea 
is  into  res  divini  juris,  and  res  humani  juris.  Rea 
dirini  juris  are  those  which  are  apprepriated  to 
religious  putposcs,  namely,  res  sacrae,  sanctae,  re- 
ligiosae  ;  and  ao  long  aa  they  hare  thia  character, 
they  cannot  be  objecU  of  property.  Rea  humani 
juria  are  all  other^thinga  that  can  be  the  objecta  of 
pr(^)erty ;  and  they  are  either  rea  publicae  or  rea 
privatae.  Rea  publicae  belong  to  the  state,  and 
can  only  become  private  property  by  being  de- 
prived of  this  public  character.  [Aohariab 
Lsoas.]  Rea  univeraitatis  are  the  property  of  a 
univeraitas,  and  are  not  the  property  of  any  in- 
dividual. The  phrase  res  nuUius  is  ambiguous ; 
it  sometimes  means  that  the  thing  cannot  be  the 
property  of  any  individual,  which  is  affirmed  of 
things  divini  juris  ;  when  applied  to  things  humani 
juris,  it  sometimes  means  that  they  are  not  the  pro- 
perty of  an  indiridual  but  of  a  univeraitaa ;  yet 
such  things  auqf  become  the  propetiy  of  an  in- 
diridual ;  res  hereditariae  are  rea  nuUiua  until  there 
is  a  heres.  Res  conununes  are  those  which  cannot 
be  the  objects  of  property,  and  therefore  are  res 
nnlliua,  as  the  sea. 

Res  corporales  are  definedto  be  those  **  quae  tangi 
posBunt ;  ^  incorporalea  are  thoae  **  qum  tangi 
non  possnnt,  sed  in  jure  consistnnt,**  as  Hsrb- 
DITA8,  UsusFBUCTUS,  Oblioationbs  ;  and  they 
are  conaequently  incapable  of  tradition,  or  delivery. 
The  distinction  of  things  into  corporeal  and  incor- 
poreal did  not  exist  in  the  older  Roman  law  ;  and 
it  is  a  useless  distinction.  An  incorporeal  thing 
is  merely  a  right,  and  so  it  is  explained  in  the 
Institntiones  (ii.  tit.  2,  ed.  Schrader). 

Corporeal  ^inga  are  divided  into  immobiles,  or 
solum  et  res  soli,  and  mobiles.  The  ground  (solum ), 
and  that  which  is  so  attached  to  the  ground  as 
to  be  inseparable  from  it  without  being  destroyed, 
as  a  building  for  instance,  are  res  immobiles. 
Mobiles  res  are  all  auch  as  can  be  removed  from 
one  place  to  another  without  the  destruction  of  their 
character.  The  dasa  of  res  mobiles  **  quae  pondere, 
numeroi  mensura  constant,**  are  such  things  as  wine, 
oil,  com,  silver,  gold,  which  are  of  such  a  nature 
that  any  the  same  number,  weight,  or  measure, 
may  be  considered  the  same  thing.  [MuTUuii.] 
There  is  another  dass  of  res,  consisting  of  those 
"quae  usu  consumuntur,  minuuntur,**  and  those 
"  quae  non,  &c.**  The  term  siugulae  res  compre- 
hends either  one  thing  or  several  things,  separately 
conudered  as  ones*  Such  things  are  either  simple, 
as  an  animal,  a  atone  ;  or  compounded  of  parts,  as 
a  carriage,  or  a  ship.  Any  number  of  things,  not 
mechanically  connected,  may  in  a  le^  sense  bo 
riewed  ais  one,  or  as  a  imiversitas.  (Dig.  41.  tit  3. 
S.30;  6.titl.  S.23.  §5.) 

Some  things  are  appurtenant  to  others,  that  is, 
as  subordinate  parts  they  go  with  that  which  forms 
the  principal  thing.  (Dig.  18.  tit  1.  s.  49.)  If  a 
thing,  as  •  house  or  a  ship,  was  purchased,  the 
buyer  got  every  thing  that  was  a  part  of  the  house 
or  ship.     (Dig.  21.  tit  2.  s.  44.) 

Fructus  are  what  is  produced  out  of  a  thing  by 
its  own  productive  power ;  as  the  grass  in  a  field, 
the  finit  on  a  tree. 

The  dirision  of  things  into  res  mancipi  and  res 
nee  mancipi,  was  one  of  ancient  origin  ;  and  it  oon- 
^ued  to  a  late  period  in  the  empire.    Res  mancipi 

BBS 


423 


DOMINIUM. 


(UlpL  Frag,  zix.)  are  pnedia  in  Italioo  solo,  both 
rustic  and  urban  ;  also  jura  rosticonun  praediomm 
or  senntntes,  as  via,  iter,  aqnaadnctos  ;  also  slaves, 
and  four-footed  animals,  as  oxen,  hones,  &c^  quae 
eollo  dorsoTe  domantur.  Other  things  were  nee 
mancipL 

All  the  thinn  haye  been  enumeiated  which  are 
the  object  of  dominium,  and  some  which  are  not 
Eveiy  doniinus  has  a  right  to  the  possession  of  the 
thing  of  which  he  is  doniinus ;  but  possession 
alone,  which  is  a  ban  fisct  without  any  legal 
eharacter,  neither  makes  a  man  dominus,  nor  does 
the  want  of  possession  deprive  him  of  dominium. 
Possession  has  the  same  relation  to  a  legal  right  to 
to 


a  thing,  as  the  physical  power  to  opefate  upon  it 
has  to  the  legal  power ;  and  aocordingly  the  doctrine 


MClmglTtbi 
of  possession  precedes  that  of  ownership.     Things 
cannot  be  the  objects  of  possessio  civilis  which 
cannot  be  the  objects  of  dominium. 

Certain  things  are  not  properly  objects  of  owner- 
ship ((ionitntwii),  though  a  claim  to  them  is  pro- 
secuted by  an  actio  in  rem :  they  are  serritntes, 
emphyteusis,  superficies,  and  pignusand  hypothecs. 
Dominium  properly  signifies  the  right  oif  dealinr 
with  «  corporeal  thing  as  a  penon  {donnUm^ 
pleases  ;  this,  of  course,  implies  the  right  to  ex- 
dude  all  others  from  meddling  with  it  The  do- 
minus has  the  right  to  possess,  and  ia  distmguished 
in  that  respect  from  the  bare  possessor,  who  has 
only  the  right  of  possession.  He  who  has  the 
ususfrvctns  of  a  thit^c,  is  never  considered  as  owner ; 
and  proprietas  is  the  name  fiir  that  which  remains 
after  the  nsusfrnctus  is  deducted  from  tiie  owner- 
ship. Ownership  may  be  either  absolute,  that  is, 
as  complete  as  the  hiw  allows  any  ownenhip  to  be, 
or  it  may  be  limited.  The  distinction  between 
bare  ownership  and  ownership  united  with  the 
beneficial  interest,  is  ezphiined  in  another  phwe. 
[Bona.]  A  person  who  has  no  ownership  of  a 
thing,  may  have  rights  in  or  to  a  thing  which, 
as  far  as  they  extend  limit  the  owner**  power  oyer 
his  property,  as  hereafter  expUuned.  Ownership, 
being  in  its  nature  single,  can  only  be  oonceiyed 
as  belonging  to  one  person ;  consequently  there 
cannot  be  several  ownen  of  <me  thing,  but  several 
persons  may  own  undivided  shares  or  parts  of  a 
thing. 

As  a  man's  right  to  deal  with  a  thing  and  to 
exclude  others  frwn  the  use  or  enjoyment  of  it, 
may  be  limited,  this  may  arise  either  frwn  his  being 
bound  to  allow  to  another  penon  a  certain  use  or 
enjoyment  of  the  thing  of  which  he  is  dominus,  or 
from  his  being  bound  to  abstain  from  doing  certain 
acts  on  or  to  his  property,  and  for  the  benefit  of 
some  other  person. 

This  limitation  of  a  man's  enjoyment  of  his  own 
is  explained  under  Sbrvitutss. 

In  order  to  acquire  ownenhip,  a  person  must 
have  a  legal  capacity  to  acquire  ;  and  ownenhip 
may  be  acquired  by  such  a  person,  or  by  another 
for  him.  There  must  also  be  a  thing  which  can 
be  the  object  of  such  ownenhip,  and  there  must 
be  a  legal  mode  of  acquisition  {aoqttUKo  ehiUa), 
Ownenhip  may  be  aoquired  in  single  things  {ao- 
fumtio  rerum  9inaiilarum\  or  it  may  be  acquired 
m  a  number  of  things  of  different  kinds  at  once 
(aeqmsiiiopm-  wmMr«to«em),in  which  case  a  person 
acquires  them  not  as  individual  things,  but  he  ao- 
quires  the  ports  by  virtue  of  acqninng  the  whole. 
The  latter  kind  of  acquisition  is  either  suoeessio  inter 
vivos,  as  in  the  case  where  a  man  adiogates  another, 


DOMINIUM. 

and  so  becomes  the  owner  of  all  the  adrogated  pe 
son's  property  (Gaius,  iii.  21)  ;  or  it  is  sooceas 
mortis  causa,  as  in  the  caseof  atestamentaiyheic 
or  a  heres  ab  intestato. 

Acquisitiones  per  nnivendtatem  on  pioperiy  di 
cussed  under  other  heads  [Adoftid  ;  Hxan 
SuocMsio  ;  Uniyxbsitas].  The  feDowing  r 
marics  apply  to  acquisitiones  reram  siaguUms 
Acquisitiones  were  either  civiles  (aa  jare  emU) 
or  natnrales  (injure  pattkm),  that  ia^  there  was  i 
fi>rmality  prescribed  for  the  mode  of  aequisitioD 
in  both  cases  dominium  could  be  acquired.  Tl 
civiles  acquisitiones  of  smgle  thm^  were  by  msnc 
patio,  in  jure  oessio,  and  usnc^io :  those  nstara 
jure  were  by  traditio  or  delivery.  In  the  case  < 
res  mandpi,  the  only  modes  of  acquiring  dominiin 
were  mandpatio^  in  jure  cessio,  and  usocapio  ;  bo 
usncapio  applied  also  to  things  nee  mandpL  Tb 
alienation  of  thii^gs  nee  moncipi  was  the  peeolta 
effect  of  traditio  or  delivery  (Ulp.  fhif.  xix.  8^ 
and  if  there  was  a  juata  caosa,  that  is,  some  I«ga 
ground  or  motive  for  the  delivesy,  dominimn  vai 
thus  acquired  ;  tnditio,in  the  eaaeof  a  thjngmsfr 
dpi,  merely  made  it  w  6oMn^  and  the  dominium  « 
ownenhip  continued  unchanged.  The  notioo  itai 
in  the  case  of  res  nee  mandpi,  bare  tnditioD  with 
a  justa  causa  did  not  confer  qniiitarian  ownenbip 
or  dominium,  is  erroneous ;  for  when  the  Rmdso 
law  did  not  require  peculiar  forms,  the  trsBsfer  of 
ownership  was  efiected  in  what  may  be  called  the 
natural  way,  that  is,  the  simplest  and  most  ttty 
way  in  which  the  parties  to  the  act  conld  ihw 
thdr  meaning  and  carry  it  into  eflbct 

A  man  who  was  dominus  of  a  thing,  wlMtlwr 
acquired  jure  dvili  or  natmali,  proaecuted  bii  nfbt 
to  it  in  the  same  way,  by  the  rei  vindicstio.    He 
could  not  of  coune  prosecute  aach  a  right  imktf 
he  was  out  of  possession ;  and,  in  eider  to  nooeei 
he  must  prove  his  ownenhip.     If  he  had  a  dibg 
in  bonis,  and  was  in  possession,  he  could  aeq[iu» 
the  ownership  by  usaca^ion :  if  he  was  out  oTpo*- 
sesnon,  it  seenu  not  an  improbable  eonjeetnrc  o(i 
Unterholaner  (Rkeim,  Mum,  fUr  Jmrupntd.  Enkr 
Jakrgamg^  p.  12d),  that  ho  wm  aided  in  hii  sctiai 
after  the  time  when  the  kgis  actiones  foil  into  a»  j 
use  and  the  formula  was  mtroduoed  (for  ai  to  si 
previous  time  it  is  difficult  to  foim  anycoajertore} 
by  the  fiction  of  his  having  received  the  propeftf 
by  mancipatio.     There  are  examples  of  a  limiltf 
fiction  in  the  case  of  the  bonorum  posiesor  uA 
the  bononmi  emtor.  (Oaius,  iv.  34,  35.)   A  aai 
eould  only  din>ose  of  a  legacy  by  his  will  per  ra^ 
dicationem  (Ulp.  Frag.  xxiv.  7)  when  He  bsd  tbs 
dominium  of  it:  if  he  hod  not  the  donioiam,  bt 
could  only  give  ptf  damnationem  or  smendi  noda 
A  slave  who  wos  the  property  of  his  msiter  (i?«j 
aws)  might  attain  the  Roman  dvitas  by  tbe  set  oc 
manumission:  if  he  was  only  in  bonis  of  the  paM> 
who  manumitted  him,  he  became  a  Lstmns  bj  tlis 
act  of  manumission.    The  diflfiersnce  betweeo  quin- 
tarian  ownership  and  in  bonis  was  destroyed  bf 
the  legisbtion  of  Justinian,  who  dedared  in  boju* 
to  be  complete  ownership. 

Some  modem  writen  enumerate  m  addition  t* 
the  dviles  acquisitiones  here  emuwiated,  sddictij 
emtio  sub  corona,  sectio  bonoram,  adjndicstio,  ind 
lex  (Ulp.  Frag.  Ut  xix.  §  2),  by  which  tad  they 
undentand  those  circmnttances  under  whieh  looe 
special  enactment  gives  property  to  a  penon ;  vA 
caducnm  [CAOtJcuif  ]  is  mentioned  as  sn  init»«- 

A  bonae  fidei  possessio  was  not  ownenhip  (do- 


DOMINIUM. 

mtamX  nar  «»  H  the  nme  ■•  in  bonk.  The 
two  tbiojjpi  are  dutingnuhed  by  Ulpian  {F^, 
ziz.  20,21).  A  boDM  fida  poaMMor  had  a  CBpsr 
dsy  far  meqakiag  by  nwrapiao  the  oimenhip  of 
the  thoy  which  he  povened.  He  had  a  kind  of 
action,  actao  pnhtidaBa  in  ran,  by  which,  if  he  loot 
the  [itiaMiHiiw  beftn  he  had  aoqnired  ihe  owner- 
thip  by  nwrapiiwi,  he  eould  lecoTer  it  againat  all 
csopt  the  ofwaer,  or  aeeh  perMm  aa  had  a  better 
rigkt  than  Uned^  in  which  latter  reapect  he  dif- 
fcrad  fton  bin  who  had  a  thing  in  bcnia,  for  hia 
duB  waa  good  againat  the  penon  who  had  the 
faiR  awncnhipk     (1%.  (L  tit  2.) 

Am  to  fiaadi  proTincialea,  it  waa  an  old  prin- 
ce «f  Bonan  law  that  there  could  be  no  domi- 
BiiUB  in  then,  that  i^no  qoiritanan  ownerdiip; 
Bftf  wate  they  aaid  to  be  in  bonia,  bat  the  oecopier 
had  poMeaaio  and  oaBafinctUu    In  fiiet  the  tenna 
dnmaiiw  and  in  booia  were  not  applicable  to  pto- 
▼iadal  hnda,  nor  were  the  fictiona  that  were  ap- 
piicaUe  to  thii^  in  bonia  applicable  to  prorincial 
laada ;  bat  it  ia  an  ingenioaa  eoDJectoie  of  Unter- 
hoIsMi^  that  the  fiuTnala  actionia  waa  adapted  to 
the  caae  of  prorinciai  laada  by  a  fiction  &i  their 
hei^  Italic  knda,  eombined  with  a  fiction  of  their 
boag  acqaind  by  nancapion.     In  Uie  caae  of  the 
«f(r  pablicoa  in  Italy,  the  dominiuB  waa  in  the 
Bonan  people,  and  the  tenna  poiafaaio  and  poa- 
maor  were  appropriate  to  the  enjoyment  and  the 
poMn  by  whaaa  the  land  waa  enjoyed.     Still 
tke  peperty  in  provincial  land  waa  like  the  pro- 
pcf^  n  boniB  in  Rome  and  Italy,  and  it  conae- 
^KBtly  beenne  daminimn  afUar  the  diatinction 
between  qmbujtan  and  bonitarian  ownership  waa 
^atnrad. 

Ovnenhip  waa  aba  acqnired  in  the  caae  of  oc- 
(^ndfl^  aniBaian,   &c    [Accnssio ;   Ali.vvxo  ; 

A  nan,  who  had  a  leg»l  capacity,  coold  acquire 
fnperty  cither  himaelf  or  by  thoae  who  were  **  in 
ytlulate,  iBann,inancipioTe."  HeconldeTenaofnire 
t&ia  per  anhesntatem,  aa  in  the  caae  of  an  here- 
£tH;aailbeeoalda]aothaaaciiaireale8»cT.  If  a 
ikwe  waaa  man^  in  bonia,  ereiy  thing  that  tnealare 
icqaired  beknged  to  the  owner  in  bmu8,and  aot-to 
iim  who  had  &it  bare  qviritarian  ownecabip.    If  a 


DOMUS. 


423 


2BIB  waa  the  **  bona  fide  poaieaaor  **  of  another  per- 
foo,  whether  that  peiBon  happened  to  be  a  fireman 
lappoaed  to  be  and  poaaeaaed  aa  a  alave,  or  waa  the 
proper^  of  another  the  poaacaaor  only  aoqaiied  the 
owBcnhip  of  that  which  the  person  ao  poaaeaaed  ac- 
qfund  ^ez  m  poaaidentia  "  and  '^ez  eperia  ania.*' 
The  aane.  ink  applied  to  a  alave  in  which  a  man 
had  only  the  usu^netoa ;  and  the  rule  waa  cou- 
aietent  with  tke  rale  jnat  laid  down^  for  uauafractna 
naa  not  proper^.  Bona  who  were  in  the  power 
of  a  fatber,  and  alaTca,  of  conne,  could  not  acquire 
property  for  themaelTea.     [PacuLiUM.] 

Ovnenhip  waa  loot  either  with  the  oonaent  of 
the  owner  or  againat  ic  With  the  conaent,  when 
he  taaafened  it  to  another,  which  waa  the  general 
node  of  acquiring  *nd  losing  property  ;  without 
the  eooacnt,  when  the  thing  penahed,  when  it  be- 
came the  ^npatj  of  another  by  acceaaion  or  uan- 

«qiaa,  when  it  waa  judicially  declared  to  be  the 

pnper^  «f  anothei;  or  forfeited  bv  beiiig  pledged. 

Oeunhip  was  not  loat  by  death,  for  the  heres 

«n  eonadend  to  be  the  nme  person  as  the  de- 

hsct 
if  cotaiD  pefMDS  had  not  a  capacity  to  acquire, 

tumpamnm  had  not  the  aame  liabili^  to  lose 


that  others  bad.  Thua  the  property  of  a  popillua 
who  waa  in  tntela  legitime,  could  not  become  the 
property  of  another  by  uancapion  ;  a  fimdaraental 
principle  of  law  which  Cicero  waa  snrpriaed  that 
hia  friend  Atticua  did  not  know  (AdAtt,l  6). 

Ownership  might  be  loot  by  the  Ma^iwi*  capitia 
diminutio  ;  when  it  waa  the  oonaequence  of  a  con- 
Tiction  for  a  cental  crime,  the  property  waa  for- 
feited to  the  atate.  [Sncrio  Bonobum,]  The 
media  capitia  dhainntio  only  effected  an  incapacity 
for  quiritariaB  ownership :  the  person  could  atiU 
retain  or  acquire  propoty  by  the  jua  gentium  ; 
atill  if  the  media  capitia  diminutio  waa  the  conae- 
quenee  of  couTiction  for  a  capital  crime,  it  had  the 
same  conaeqnencea  as  the  Maxima.  (Mackelder, 
Ltkr^uek,  dec  12th  ed. ;  Utber  die  VertcUedai^ 
A  rim  dst  E^^amtkmmMy  Ac  Ton  Unterholfner,  Bieim, 
Afac  Enter  Jdkrg, ;  Oaiua,  ii.  1,  Ac  ;  UIp.  Fratf, 
tit.  ziz. ;  Thibant,  .SH«S  &c.  §  146.  &c,  f  242, 
Ac,  dth  ed.)  [O.  Lu] 

DOMINUS  meanamaater, owner  [Dominium]. 
Dominus  ia  oppoaed  to  Senrua.  aa  maater  to  alaTO. 
Pliniua,  in  hia  lettera,  alwaya  addreasea  Trajanua 
88  Dominna  ;  but  thia  mnat  be  riewed  rather  aa  a 
mode  of  ahowipg  hia  reapect  than  any  acknowledg- 
ment of  a  tide.  (C.  Plinii  Caedlii  Secondi  Bp. 
ed.  O.  H.  Schaefcr,  p.  500,  note.)  Domitianua 
claimed  the  titlea  of  Dominua  and  Deua.  (DionCaaa. 
Ixrii.  IS,  and  the  note  of  Reinmraa  ;  alao  Martialis, 
Ep.  T.  8,  and  x.  72,  when  Domitianua  waa  dead.) 
It  ia  said,  that  Aureiianua  firat  adopted  the  title 
Dominua  on  hia  medala.  (Eckhel,  DocL  Num.  Vet. 
▼ol.  riu  p.  482.)  [O.  L.] 

DOMUS  (oW,  o2ir(a,  and  in  old  Greek  Uftos), 
a  houae.  1.  Oans.  —  The  anangement  of  the 
aereial  parte  of  the  dwellinga  of  the  Greeks  forma 
one  of  the  moat  difficult  aubjecta  in  their  antiquitiea. 
The  onlT  regular  deacription  of  the  Greek  houae, 
that  of  VitruTiua,  ia  in  many  reapecta  inconsiatent 
with  the  alluaiona  found  in  the  Greek  writera  ; 
while-thoae  alluaiona  themaelrea  are  for  too  acanty 
and  obacore,  to  be  woven  into  a  clear  deacription. 
It  ia  manifeat,  alao»  that  the  arrangement  of  the 
porta  differed  much  at  different  periods.  To  aay 
nothing  of  the  eariy  period  when,  according  to  tra- 
dition, rude  huts  of  chiy,  or  wood,  or  stone,  began 
to  be  used  instead  of  the  hollow  trees,  and  GaTea,and 
defta  in  the  ncka,  in  which  the  aavage  aboriginea 
found  ahelter  (Died.  t.  68,  Paua.  x.  1 7),  we  have  to 
diatinguiah  between  the  hooaee,  or  rather  palacea, 
of  the  heroic  age,  to  which  Homer^s  allusions  apply, 
the  houses  of  the  historical  period  down  to  the 
time  of  Alexander  the  Great,  and  thoae  after  hia 


Then  were  alao  cooaideiable  differencea  between 
the  anangementa  of  a  town  and  a  country  houae. 
All  of  theae  had  two  principal  featnrea  in  com- 
mon* Firstly,  in  Greece,  as  in  all  warm  dimatee, 
the  general  anangement  of  a  houae  of  the  better 
sort  waa  that  of  one  or  more  open  oourta,  aur- 
rminded  by  the  varioua  rooms.  Secondly,  in  a 
Greek  fomily  the  women  lived  in  private  apart- 
ments allotted  to  their  exclusive  use.  Hence  the 
houae  waa  alwaya  divided  into  two  distinct  por- 
tions, namely,  the  Andromiie,  or  men's  apart- 
mento  (&y9^mris),  and  the  OjfnaeeoniUa,  or  wo- 
men*s  apartments  (ywaucmtfirts).  In  the  eeilieat 
timea,  aa  in  the  honaea  refened  to  by  Homer,  the 
women^a  apartmenta  were  in  the  upper  story  (pnepm 
moif).  The  afeme  anangement  is  found  at  thetime 
of  the  Peloponnesian  war  in  the  houae  ^okon  of 

BB  4 


434  ^OMUS. 

by  Lytias  (De  Oaed,  EnUosOL  pp.  12, 13  ;  comp. 
Aristoph.  EccUt,  961,  Them.  482).  Bat  it  does 
not  follow  that  that  wu  the  nraal  cuBtom  at  this 
period.  On  the  contiarj,  we  hare  the  express 
testimony  of  seTerai  writers,  and  of  Lysias  him- 
self among  the  rest,  that  the  Oynaeoonitis  was  on 
the  same  story  with  the  Andronitis,  and  behind  it 
(Lysias,  e.  Simtm,  p.  139  ;  Demosth.  &  Euerg, 
pb  1155  ;  Xen.  Oeoon,  ix.  5 ;  Antiph.  <U  K«r^ 
p.  61 1)  ;  and  eren  the  tragic  poets  transfer  to  the 
heroic  ages  the  practice  of  their  own,  and  describe 
both  sets  of  apartments  as  on  the  same  floor.  (Soph. 
CM.  7>r.  1241—1262.) 

The  scanty  notices  of  the  domestic,  or  rather  the 
palatial  architecture  of  the  early  Greeks,  which  we 
find  in  Homer,  axe  insufficient  to  give  an  accurate 
notion  of  the  names,  nses,  and  arrangement  of  the 
apartments ;  besides  which,  an  allowance  must  no 
doubt  be  made  for  poetical  exaggeration.  The 
various  passages  and  words,  in  Homer,  which 
throw  any  light  upon  the  subject,  an  collected  and 
discussed  by  Schneider  {Efim.  ad  Xenoph,  Mem, 
iil  8.  §  9),  by  Krause  (in  Pauly^  Real^Emydop. 
d.  CloM,  AUeiih.  «.  o.  Dommi)^  and  by  Hirt,  who 
gives  a  ground-plan  of  the  Homeric  house  (G^sso&- 
toAfe  d«r  Bauhautj  voL  I  pp.  208—216,  and  Phite 
VI.  fig.  1).  The  general  plan  was  not  very  dif- 
ferent fitnn  that  of  the  later  houses.  The  chief 
points  of  difference  appear  to  have  been,  the  posi- 
tion of  the  women's  apartments  in  the  upper  story, 
and  the  great  court  in  front  of  the  house,  which 
was  wanting  at  least  in  the  ordinary  town  dwellings 
of  hiter  times. 

We  first  sain  precise  information  on  the  subject 
about  the  tune  of  the  Peloponnesian  war;  and 
from  the  allusions  made  by  Greek  writers  to  the 
houses  of  this  and  the  immediately  subsequent  pe- 
riods, till  the  time  of  Alexander,  we  may  conclude 
that  their  general  anan^ment  corresponded  with 
that  described  by  Vitruvius  (vi.  7,  Schneider).  In 
this  description,  however,  there  is  one  considerable 
difficulty,  amonff  others  of  less  importance.  Vitm- 
vins  seems  to  describe  the  GynaiBeomiis  as  lying 
before  the  Andromtis^  an  arrangement  alike  incon- 
sistent with  the  careful  state  of  seclusion  in  which 
the  Greek  women  were  kept,  and  also  with  the 
aUusbns  in  the  writers  of  the  period,  who,  as  above 
stated,  almost  uniformly  refer  to  the  two  sets  of 
apartments  as  being  on  the  same  floor,  the  Gynae- 
eotiHu  behind  the  AndromHi,  Becker  (ChariiieB, 
vol  L  pp.  184,  185)  notices  the  different  explana- 
tions which  have  been  given  of  the  inconsistency 
between  the  statements  and  the  description  of 
Vitruvius,  the  most*  plausible  of  which  is  that  of 
(}aliani,  namely,  that  in  the  time  of  Vitruvius  a 
slight  change  had  taken  place  in  the  disposition  of 
the  apartments,  by  which  the  Andronitis  and  Gy- 
naeoonitis  were  [Jaced  side  by  side,  each  of  them 
having  its  own  front  towards  the  street,  and  its 
own  entrance.  It  is  also  very  likely  that  Vitruvius 
to  some  extent  misunderstood  the  descriptions  given 
by  his  Greek  authorities. 

The  front  of  the  house  towards  the  street  was 
not  large,  as  the  apartments  extended  rather  in 
the  direction  of  its  depth  than  of  its  width.  In 
towns  the  houses  were  often  built  side  by  side, 
with  party  walls  between.  (Thucyd.  ii.  3.)  The 
exterior  wall  was  plain,  being  composed  generally 
of  stone,  brick,  and  timber  (Xen.  Mem,  iii.  1.  §  7; 
Demosth.  Tltpl  2iwra|.  p.  175X  and  often  covered 
with  stucco.    (Plutarch.  Comp,  ArkL  et  CktL  4). 


DOMUS. 

Plutarch  speaks  of  Phocion'a  home  at  \faa%  cna- 
mented  with  plates  of  iron.    (Plut.  Phoe.  la) 

The  genend  character  of  the  ordinary  houses  in 
towns  was  very  plain,  even  at  the  time  of  the 
Peloponnesian  war ;  the  Greeks  prefeRing  to  ex« 
pend  their  wealth  on  temples  and  other  public 
buildings.  The  ease  with  which  the  Platacsiu 
broke  through  the  party  walls  of  their  houses,  to 
communicate  with  one  another,  in  the  instance 
just  quoted,  shows  how  mdifferently  they  were 
constructed  ;  and  even  at  Athena,  in  the  time  of 
Perides,  foreigners  were  struck  by  the  contrait 
between  the  splendour  of  the  public  bnildings  and 
the  mean  dwellings  of  the  common  people.  (Thoc 
il  14,  65  ;  Dicaearch.  SM.  Gfoee.  p.  8.) 

Xenophon  (Mem,  iii.  8.  §§  9,  10)  represents 
Socrates  as  stating  briefly  the  chief  requisites  of  a 
good  house :  that  it  should  be  cool  in  summer  and 
warm  in  winter,  and  that  the  apartments  should 
furnish  convenient  abodes  for  the  fiunily,  and  safe 
receptacles  for  their  property :  for  the  former  pur- 
pose, the  chief  apartments  should  face  the  sooth, 
and  should  be  lofty,  so  as  to  receive  the  foil  nrs 
of  the  sun  in  winter,  and  to  be  shaded  by  their 
projecting  roofii  in  summer ;  and  that  those  hang 
the  north  should  be  lower,  for  the  sake  of  shelter. 
Paintings  and  elaborate  decorations,  he  says,  de- 
stroy more  pleasures  than  they  fhmiah. 

The  advance  of  luxury,  after  the  time  of 
Alexander  the  Great,  caused  a  corresponding  im- 
provement in  the  dwelling-houses  of  ue  prindpsl 
Greek  cities,  which  had  already  begim  to  receive 
more  attention,  in  proportion  as  the  public  build- 
ings were  neglected.  (Demosth.  m  Anatoer.  p. 
689,  Olynih,  iiL  p.  36.)  It  is  probably  to  the 
larger  and  more  splendid  houses  of  this  period 
that  the  description  of  Vitruvius  i^iplies  ;  but  there 
is  no  reason  to  suppose  that  the  genend  ammge- 
ments  of  the  previous  period  were  much  altered. 
The  following  description,  therefore,  which  is  de- 
rived frtxm  a  comparison  of  Vitruvius  with  tbe 
allusions  in  the  Greek  writers,  will  serve  for  tbe 
probable  arrangements  (for  further  we  cannot  go) 
of  the  Greek  house,  at  the  time  of  the  Pdopon- 
nesian  war  and  onwards. 

That  there  was  no  open  space  between  tbe 
street  and  the  house-door,  like  the  Roman  voH- 
bulum^  is  plain  frt>m  the  law  of  Hippies,  which  laid 
a  tax  on  house-doors  opening  outwards,  becsue 
they  encroached  upon  the  street.  (AristoL  Oeam, 
ii.  6,  p.  1347.  Bekk.)  The  vpMpw^  which  u 
sometimes  mentioned  (Herod.  vL  35),  seems  to  be 
merely  the  space  in  front  of  the  house.  We  learn, 
however,  from  the  same  law  of  Hippias,  that 
houses  sometimes  stood  back  from  the  street,  with- 
in enclosures  of  their  own  (wpo^pdy/iara  orSp«^ 
KTOi,  Heracl.  Pont.  PoUL  1).  In  front  of  the 
house  was  generally  an  altar  of  Apollo  Agyiens, 
or  a  rude  obelisk  emblematical  of  the  god.  Some- 
times there  uras  a  laurel  tree  in  the  same  position, 
and  sometimes  a  terminal  bust  of  the  god  Hermo. 
(Thucyd.  vi.  27  ;  Aristoph.  PUd,  1153w) 

A  few  steps  (dya§a9fio()  led  op  to  the  hooie- 
door,  which  generally  bore  some  inscriptira,  for 
the  sake  of  a  good  omen,  or  as  a  charm,  such  u 
£f((ro3os  K/mC TTTTi  ^AyaB^  AaiiAom,  (Plutarch,  Frag. 
VU,  Crai. ;  Diog.  LaSrt.  vl  50.)  The  fonu  and 
fostenings  of  the  door  are  described  imder  IkWk. 
This  door,  as  we  have  seen,  sometimes  opened  out^ 
wards ;  but  the  opposite  was  the  general  rule,  u 
is  proved  by  the  expressions  ua^  for  opening) 


DOMUS. 
Mmw,  nd  tlutting  H,  ArimldUtfAu  and  I^X- 
(Pletaich.Prf(y.  ll,Z)ib,57.)     The 


DOMUa 


425 


The  hamtf  door  vb*  called  oiKXcieff  or  atfX«M 
Mpc  (TiML  ATcM.  L  19 ;  Harpocr.  «.  e. ;  Eiurtatii. 
arf  iKIad,  zxii.  66),  became  it  led  to  the  0^X4.    It 

T«^wr»  ^upmv\  on  one  ude  <i  which,  in  a  huge 
hoBse,  iraie  the  itableai  on  the  other  the  potter's 
kdgeL  The  dntj  of  the  porter  (Pvpmpds)  was  to 
admit  ynataa,  and  to  prevent  anything  improper 
fiDSB  being  caoied  into  or  out  of  the  hooae;  (Ariitot 
0«DiiLi6.)  P]ato(/Vv«(9tp.314.)giTetaliTelj 
piedare  of  an  officious  porter.  The  porter  was 
attended  bf  a  dog.  ( ApoUod.  t^wrf  ^Om.  L  p.  8 ; 
Theoen  zr.  43  ;  Aiistoph.  TVsm.  416,  Bjmt. 
1925.)  Hcooe  the  phiase  •^KagMdai  r^  ic^ra 
(Axistopk  Zapml  1215),  coixeaponding  to  the 
LaJJaQanfcmiMi, 

At  the  farther  end  of  the  pasoge  YitrUTiiu 
plMCft  another  doot^  which,  howeyer,  does  not 
SECB  genenlly  to  haTe  existed.  Plntareh  {d^ 
Gm,  Saer.  18)  mentioBS  the  house-door  as  being 
Tisbfe  from  the  peristyle. 

Vnm  tlw  ^ttpmpthm  we  pass  into  the  peristyle 
er  coart  (wcfi^i^Aior,  mbxi)  of  the  Anditmitis, 
vhi^  wma  a  spaee  open  to  the  sky  m  the  centre 
ivam0ptm\  and  smnNinded  on  all  fear  sides  by 
portieDea  (^raaf),  of  which  one,  probably  that 
nesrest  the  entnoce^  was  called  itporrdoif  (Plato, 
PntofL  pp,  914,  315).  These  porticoes  were  nsed 
far  ewrriae,  and  sometimes  far  dining  in.  (Pollux, 
i  78 ;  Plato,  j^napu  pi  212,  Froioff.  pi  311 ;  Pin- 
tail db  Cfm.  Soar.  32.)  Here  was  commonly 
tU  altar  on  ^diich  sacrifices  were  ofifered  to  the 
leasehold  gods,  bat  frequently  portable  altars 
vcxe  used  far  this  poipose.  (Plato,  its  R«pM.  i. 
p.  328.)  yitiaTms(iLe.)  says  that  the  porticoes 
of  the  peristyle  were  of  eqnid  height,  or  else  the 
aae  frcmg  the  soath  was  built  «ith  kltier  oolomns. 
Tkii  he  caDa  a  Rhodian  peristyle  ;  and  it  cor- 
Rspoads  with  the  aim^ement  reoammended  br 
XcDophoBi,  far  the  pmpoae  of  obtaining  aa  muoi 
m  ia  winter,  and  as  much  shade  and  air  in  sum- 
Bo;  as  possible.  (Xen.  Osooa.  ix.  4  ;  Mem,  iiL  8. 
89;  Aristot.araoa.i6.) 

Rflond  the  peristyle  were  arranged  the  chambers 
«Md  by  the  men  (elkoi,  Jb>3p6rty),  sodi  as  ban- 
qeetiog  raoaia,  which  were  laige  enough  to  con- 
tain Mvosl  acta  of  eooches  (rpiaXum,  ^rrdieXiiwi, 
TpumridaAnwpi),  and  at  the  same  time  to  allow 
sbandsat  room  &r  attendants,  musicians,  and  per- 
Craen  of  games  (Vitmr.  L  a  ;  Xen.  Sjfmp,  i.  4. 
113;  Phtfaith.  .S^a9».  t.  5.  §  2;  Aristoph.  Ecdm, 
CT6);  parioars   or  sitting  rooms  (^|^0|»cu),  and 
iaaSer  chambers  and  sleeping  rooms   (Sop^iiria, 
sarwc f ,  o2iri^f«ara) ;  pictuie-gidleries  and  libraries, 
nd  awMitimes  store-roomo ;  and  in  the  anange- 
Beat  of  these  apartments  attention  was  paid  to 
tWir  aspect.  (VitniT.  L  & ;  hjvaAy  de  Ckude  Era- 
Mi  Pl28,  ta  Bratodk,  p.  389 ;  Aristoph.  Bedei. 
8, 14  ;  Polhix,  i.  79;  Pkto,  Pnioff,  pp.  314.  316.) 
Tbe  peristyle  of  the  Andronitis  was  connected 
vich  tint  of  the  Oynaeconitis  by  a  door  called 
^OH^M,  lUiraafXos^  or  fueabXMS^  which  was  in 
Ihe  noddle  of  the  portico  of  the  peristyle  opposite 
to  tbe  eatanee.      YitruTius  applies  the  name 
pivnthK  to  a  passage  between  the  two  peristyles, 
n  vhkh  was  the  /iltrovAjos  d^po.    By  means  of 
t^a  door  all  eommanication  between  the  Andronitis 
■*i  the  Gynaeoonxtis  could  be  shut  oK    Ita  uses 


are  mentioned  by  Xenophon,  who  calls  it  iMpa 
0QXaamr6t  {Oteom,  ix.  5 ;  compare  Phit  AraL  26). 
Its  name  lUtnatXtn  is  eridently  derired  from 
/i^or,  and  means  the  door  hehMtm  the  two  eAXai 
or  peristyles.  (Suidas  t .  v.  Meo^a^Aior :  AeL  Dion. 
Qjmd  BmtkA,  ad  JHad,  xi.  547  ;  Schol.  w  jlpoU. 
Bkod.  liL  335.)  The  other  name,  ft4rwKos,  is 
taken  by  some  writers  as  merely  the  Attic  form  of 
fUtraukos,  (Moer.  AtL  p.  264.)  Bat  it  should 
rather  be  derived  from  M«rd,  as  being  the  door 
Uktad  or  Ujfomi  the  o&A^,  with  rsqtect  to  the 
aUKwsS^^  (LTsias,<isCb«f.£hitp.20;'Plut. 
^Symp,  TiL  1  ;  AeL  Dion,  aqmd  Etutaik,  L  e,)  It 
should  be  obsenred  that  in  the  house  described 
by  VitruTius,  if  the  Andronitis  and  Oynaeconitis 
ky  side  by  side,  the  ^^ovAor  d6pa  would  not  be 
oppoaito  to  the  entrsaoe^  but  in  one  of  tbe  other 
sides  of  the  peristyle. 

This  door  ^ve  admittance  to  the  peristyle  of 
the  Oynaeconitis,  which  diflSered  from  that  of  the 
Andronitis  in  having  porticoes  round  only  three  of 
its  sides.  On  the  fourth  side,  that  opposite  to  the 
fUirmiXos  d^  (the  side  facing  the  south,  accord- 
ing to  Vitnivius),  were  placed  two  antae  [Ant  as], 
at  a  considerable  distanos  from  each  other.  A 
third  of  the  distance  between  these  antae  was  set 
off  mwards  (VitruT.  2.  e.  §  1.  Qmamhim  miBr  amiat 
digfait  e»  so  tertia  dempta  tpaiium  datmr  mtronu»\ 
thus  fbxming  a  chamber  or  vestibule,  which  waa 
called  wooma^  wapaard$  and  perhaps  atwrdf  ,  and 
also  wpOo/ws  ;  although  some  of  the  hiter  Oreek 
writers  apply  the  woid  Tp^to/Ms  to  the  vestibule 
of  the  Andronitis,  and  such  seems  to  have  been 
ita  meaning  in  Horner^  time.  (Pollux  ;  Suid. ; 
Hesych. ;  EtymoL  Mag. ;  Vitmv.  L  e.)  On  the 
right  and  left  of  this  Tpoards  were  two  bed- 
chamben,  the  ddXafios  and  ifi^0d\afun^  of  which 
the  fanner  was  the  principal  bed-chamber  of  the 
house,  and  hers  also  seem  to  have  been  kept  the 
vases,  and  other  valuable  articles  of  ornament. 
(Xen.  Oteom,  ix.  3.)  Beyond  these  rooms  (for  this 
seems  to  be  what  Vitmvius  means  by  ta  Aif  Ioom 
imirormu)  were  huge  apartments  (lorwrcf )  used 
for  woAing  in  wool  (oed  magmi^  la  ^ajhit  matr9$ 

Round  the  peristyle  were  the*  eating^ooms,  bed- 
chambera,  store-rooma,  and  other  i^iartments  in 
common  use  (firieUma  quotidioma^  addaila^  et  ee0ae 
famiUaneae), 

Besides  the  tdiXtua  dipa  and  the  lUvwXot 
t^^pOj  there  was  a  third  door  ^mjircUa  ^pa)  lead- 
mg  to  the  garden.  (Pollux,  l  76  ;  Bemosth.  m 
Brnm-g.  p.  1155  ;  Lysias,  ta  EraiotA,  p.  893.) 
Lysias  {L  e,  p.  894)  speaks  of  another  door,  which 
probably  led  from  the  garden  into  the  street. 

There  was  usnallj,  uough  not  always,  an  upper 
story  (£rcpf  OF,  Bnfper),  which  seldom  extended 
over  the  whole  space  occupied  by  the  lower  story. 
The  principal  use  of  thev  upper  story  was  for  the 
lodging  of  the  slaves.  (Demosth.  ta  Rutrg»  p.  1 1 56, 
where  the  words  iv  r^  *^py^  M«m  to  imply  a 
building  several  stories  high.)  The  access  to  the 
upper  floor  seems  to  have  oeoi  sometimes  by  stain 
on  the  outside  of  the  house,  leading  up  from  the 
street.  Ouests  were  also  lodged  m  the  upper 
story.  (Antiph.  de  Vote/,  p^  611.)  But  in  some 
large  houses  there  were  rooms  set  i^iart  for  their 
reception  ({ciwrcf)  on  the  ground  floor.  (Vitmv. 
L  e,  ;  Pollux,  iv.  125  ;  Eurip.  AleetL  564.)  In 
eases  of  emergency  store-rooms  were  fitted  up  for  the 
accommodation  of  guests.    (Plato,  Protag,  p.  315.) 


436  DOMUa 

Poitkiif  of  the  upper  ftorf  lometlBMt  piojected 
hejoad  the  wmlb  of  the  lowvr  put,  fbraung  bal* 
eoniM  or  TonuuUhf  (wpo€oKB^  yurntM^iaaru^ 
Pollux,  I  81). 

The  feUowing  plan  of  the  gronndiloor  of  a  Ondc 
homo  of  the  laq^er  liae  ii  taken  from  Bekkcr^ 
CkariUtM.  It  isof  ooqiMoonjectanl,aetheraare 
no  Greek  honaet  in  ezutence.  Other  plana,  differ- 
ing rerj  nuich  fron  this  and  from  one  another 
are  giTon  by  Hiit^  Sti^lita,  and  the  oommentaton 
on  VitniTiaa, 


a,  Hottie-door,  nKXeiof  <^^:  dvp.  Damage, 
dvpmpuw  or  dvp^ ;  A,  penile'  or  a(A$  of  the 
Androoitia :  e,  the  halla  and  chambera  of  the  Aa- 
dionitia ;  Mi  f^aukts  or  §U(rQ»f\os  bitpa :  r,  peri- 
atyle  of  the  Oynaeconitia ;  7«  chamben  of  the 
Oynaeconitif  ;  v,  vpoorJts  or  vaforr^s:  9,  iMXo- 
IMf  and  ii4t/^tBiXmf»»s  \  I,  noma  for  wockiog  in 
wool  (Iffrmw^t)  I  lit  garden-door,  Kigvaia  b^pcu 

The  roofii  were  generally  flat,  and  it  waa  cna^ 
toraaiy  to  walk  about  upon  them.  (Lyaiaa,  adn. 
Smom.  p.  142;  Plant  MiL  il  2.  ft.)  Bat  pointed 
roofs  were  also  wed.    (PoUoz,  L  81.) 

In  the  interior  of  the  hoaae  the  place  of  doom 
waa  ■ometimei  lupplied  by  eortaina  (voparrrd^* 
furra),  which  were  either  plain,  or  dyed,  or  em- 
broideied.    (PoUaz,  z.  32 ;  Theophraat  5.) 

The  principal  openingi  for  the  admiaion  of  light 
and  air  were  in  the  loofii  of  the  periatyles ;  bat  it 
ia  inoonect  to  aappoae  that  the  konsee  had  no 
windows  (di^cs),  or  at  least  none  overlooking 
the  street  They  were  not  at  all  unoonmion. 
(Aristoph.  7%emi.  797,  Eodu,  961 ;  Plutarch,  de 
CurioM.  13,  Dion,  66L) 

ArtificiaJ  warmth  was  proeored  partly  by  means 
of  fire-plaoea.  It  is  supposed  that  chimneys  were 
altogether  unknown,  and  that  the  smoke  escaped 
through  an  opening  in  the  roof  (kosvoMicii,  Herod, 
▼iii  137).  It  is  not  easr  to  understand  how  this 
could  be  the  case  when  there  was  an  upper  story. 

Little  psrtable  stores  {i^dptu,  4vxa^t)  or 
chafing  dishes  (fa4f4»LM)  were  frequenUy  need. 


DOMU& 

(Plotaidk  J/N9iA<l.  L  p.717;  Aiiatopli.  F«qPL  81 71 

Pollux,  tL  89,  z.  101.)    [F0CU8.3 

The  decorations  of  the  interier  weiw  eeij  pbug 
at  the  period  to  which  our  descriptiosi  ie£n«L  Th\ 
floors  were  of  sIcDe.  At  a  late  period  ctAamx<(^ 
stones  were  used.  (PUn.  H.  N.  xxxri.  25l  at  60.] 
Mosaics  are  fint  mentioned  aa  intsodmoed  mde 
the  kings  of  Pergamns. 

The  walls,  up  to  the  fimrth  eetttry  b;.  c^  aeea 
to  have  been  only  whited.  The  fiwt  JMfnnnr  d 
painting  them  is  that  of  Alcibiadea.  <  Andcc  m 
AM,  p.  119 ;  Plutarch.  AleA,  16L)  Tliia  bbd- 
Tation  met  with  considerable  oppoaitioB.  (Xcsl 
ilfesi.  iii.  8.  §  10 ;  Oteom,  ix.  2.)  Plato  meaUoBM 
the  p*iw*»t»g  of  the  walls  of  houses  mm  at  wMrk  of 
a  rp«^c9M  w6kis  {R^mA.  iii  pp.  372,  373).  These 
allusions  prove  that  the  pnetioe  waa  not  nwcpnuiHa 
in  the  time  of  PUto  and  Xenophosi.  We  han 
also  mention  of  painted  ceilings  at  the  aamae  period. 
(Pkto,  Rqfmk.  riL  629.)  At  a  kster  p«iod  this 
mode  of  decoration  beesme  geswmL  (The  cam- 
mentaton  on  Vitrariua,  L  & ;  Schneider,  Mjpimu  ad 
Xm,Mtm.i  Hirt,D»t  Aatfu  lisr  Csftawrfe,  pp.287 
—289 ;  Stieglits,  ArekOoL  d.  Bmukmmwi,  toL  iL 
pt  2.  pp.  150—169;  Beckei^  OkwiMea,  woL  L  pp. 
166—206.)  [P.  S.J 

2.  Roman.  The  hoiises  of  the  Roonns  were 
poor  and  msan  fiir  many  centuries  after  the  fbaad- 
ation  of  the  dty.  Till  the  war  with  Pyrriios  the 
houses  were  eorered  only  with  thatck  or  afaingies 
(Plin.  H.  N,  xri.  15X  and  were  ommlly  facdlt  of 
wood  or  unbaked  bridu.  It  waa  not  till  the  latter 
times  of  the  republic,  when  wealth  had  been  ac- 
quired by  conquests  in  the  East,  that  hoaaea  of  any 
rndonr  began  to  be  built ;  but  it  then  became 
frshion  not  only  to  build  houses  of  an  ianMBse 
size,  but  also  to  adorn  them  with  ooliuniia,  paint- 
ings, statues,  and  costly  works  of  ait. 

M.  Lepidos,  who  was  consul  &  c  78,  was  the 
first  who  introduoed  Numidian  marble  into  Rome 
for  the  purpose  of  parii^  the  thraahold  of  his 
house ;  but  the  frshion  of  building  wmgnififcat 
houses  increased  so  rapidly  that  the  faooaa  of  Le- 
mdus,  which,  in  his  censnlship,  waa  the  fiat  in 
Rome,  was,  thirty^ve  yean  later,  edipaed  by  a 
hundred  others.  (Id.  xxxvl  8.  24.  §  4.)  IjBcallas 
especially  surpassed  all  his  eontempotariee  in  the 
magnificonee  of  his  houses  and  the  splendour  of 
their  deoomtioos.    Marble  oolunms  were  first  in- 
troduoed  into  private  houses  by  the  ofator  L.  Cras- 
sua,  but  they  did  not  exceed  twelve  feet  in  height, 
and  were  oidy  six  in  number.    (Id.  xrii  1,  xxxri. 
3.)     He  was  soon  outdone  by  M.  Scanroa,  who 
placed  in  his  atrium  columns  of  Uack  narUe, 
called  Lucullean,  thirty-eight  feet  high,  and  of 
such  immense  weight  that  the  contractor  of  the 
sewers  took  security  fiir  any  injury  that  mmht  be 
done  to  the  sewen  in  consequence  of  the  eunxsos 
beinff  carried  along  the  streets.   (Id.  xzxri.  2.) 

The  Romans  were  exceedingly  partial  to  aamtie 
&r  the  decomtion  of  their  nouses,  liamum, 
who  was  Caesar*s  praefectns  fiibriim  in  Gaul,  set 
the  example  of  lining  his  room  with  slabs  of  mar- 
ble. (Id.  xxxri.  7.)  Some  idea  may  be  fanned  «f 
the  size  and  magnificence  of  the  houses  of  the 
Roman  nobles  duxinff  the  later  times  of  the  re- 
public by  the  price  which  they  fetched.  The  coa» 
sul  Messalla  bought  the  house  of  Autronins  far 
3700  sestertia  (neariy  33,000<.),  and  Cicero  the 
house  of  Crassos,  en  the  Palatine,  fir  3500  ses- 
tertia (neariy  31,000^).    (Cic  QdAU.i.11,^ 


DOMTTS. 

.T.  6.)  ne]MiiMofP.Ciodiiia,vlMmMilo 
k£]cd,  cam  1 4^800  mteitA (about  lSl,000f.) ;  and 
tht  TaseolaB  villa  of  Seaaroa  waa  fitted  up  with 
sock  magnificenca,  that  wken  it  waa  bamt  oy  hia 
i^area,  he  kat  100,000  MBtertia,  npwaidt  of 
835,000^  (PliD.  £r.  N,  xzxri  24.)  The  houaa. 
rot,  wkkh  penou  in  poor  drramataiioea  aanaUy 
paid  at  Robm,  «aa  about  2000  Matcftea,  between 
l7Lmadl9L  (Soet  JwL  38.)  It  waa  broogbt  aa 
a  ckaage  of  cxtntaganoe  againat  Caeliua  that  he 
paid  30  aeacertia  (aboat  2(>(X.)  for  the  rent  of  hia 
bnae.  (Cie.  fn  OaeL  7.) 

Uooaea  were  originally  only  one  atory  hjgh ; 
Hit  aa  the  Tatoe  of  groimd  increaied  in  the  city 
xher  wate  built  aereral  ■toriea  in  height  In  many 
looaea  eaeh  stoiy  was  let  out  to  aeponte  tenanta, 
the  h%fceat  iloan  being  naoaDy  inhabited  by  the 
poer.  (Cic.  Agr.  xL  85 ;  Hot.  Ep,  i  1.  91  ;  Jot. 
5dt  in.2Ca,&fr9X.17.)  To  goard  againat  danger 
bma  the  extreme  height  of  honaea,  Aagiiatna  te* 
ttneied  the  height  of  all  new  hooaea  whieh  wen 
Wk  by  the  side  of  the  peUie  toads  to  serenty 
fiert.  (StaabL  t.  p.  235.)  Till  the  time  of  Nero, 
the  streets  in  Home  woe  nanow  and  iiregular, 
Bod  bofe  tnaeea  of  the  haste  and  conlnsian  with 
«hkh  the  city  wea  bvilt  after  it  had  been  burnt 
by  the  Gank  ;  but  after  the  great  fire  in  the  time 
ef  that  emperor,  by  whidi  two-thirds  of  Rome 
aas  bamt  to  the  gnund,  the  dty  waa  bnilt  with 
peat  regularity.  The  streets  were  made  straight 
tad  biwd ;  die  height  of  the  houses  was  re- 
stricted, and  a  certain  part  of  each  was  required 
to  be  bidt  of  Oalnan  or  Alban  stone,  which  waa 
pnof  againat  fire.  (Tadt  Amt,  zr.  43 ;  Suet 
iVer.38.> 

Oar  iaJormBtion  respecting  the  form  and  ar- 
BBgcsKst  of  a  Roman  noose  u  principally  derived 
iraa  the  deacriptiou  of  Y ittuyius,  and  the  renuuns 
of  the  hoaaea  which  hare  been  found  at  PompeiL 
Many  pointa,  however,  are  still  doubtful ;  but 
vii^si  entering  into  ardutectuml  details,  we 
■ball  eoafine  oarsdves  to  those  topics  which  serve 
to  iQustnte  the  dassical  writers.  The  diief  rooms 
a  the  house  of  a  respectable  Roman,  though  dif- 
fcnqg  of  cevne  in  sise  and  splendour  according  to 
tW  drcamslaDees  of  the  owner,  appear  to  luve 
beea  mnally  arranged  in  the  same  manner ;  while 
the  othna  varied  according  to  the  taste  and  cir- 
cmastaaoes  of  the  master. 

Toe  prmeipal  parts  of  a  Roman  house  were 
t^  1.  FoeMHR,  2.  Odmmy  3.  Afrimm  or  Cboeai 
At^mm,  4.  Alae^  5.  T\Mmmm,  6.  Faueu^  7.  Po- 
rif^imm.  The  parts  of  a  hoase  which  were  con- 
iid«red  of  less  importance,  and  of  which  the 
anangemoit  differed  in  different  houses,  were  the 
1.  CtAiala^  2.  TVieUma,  3.  Oeo,  4.  EMdrtu,  5. 
Pi^aeatkeea,  6.  BwbHoAeeOj  7.  Ba^biemnj  8.  CfuUma, 
%  Comaeahy  10.  jMoeta,  11.  Solaria.  We  shall 
f^«k  of  each  in  order. 

I.  VB8TiBui.u]f.  The  vestibulum  did  not  pro- 
P^  htm  part  of  the  house,  but  was  a  vacant 
^ace  before  the  door,  forming  a  court,  which  was 
"Bnxnded  on  three  sides  by  the  house,  and  was 
flpea  on  the  fourth  to  the  street  The  two  sides 
«f  the  house  joined  the  street,  but  the  middle  part 
<^  %  vbere  the  door  waa  placed,  was  at  some 
hxk  distance  from  the  street  (Gell.  zvi  5; 
Maoob.  &il  vL  8.)  Hence  Phmtns  {Mottea.  iii 
2. 132)  Bys,  **  Viden*  vestibulum  ante  aedes  hoc 
et  tnlnJacrQm  qnoiusmodi  ?** 
^  OsniriL    The  oatiom,  whidi  is  also  called 


427 


DOMUS. 
^MMKi  and  /bras,  was  the  entranoe  to  the 
The  street-door  admitted  into  a  hall,  to  whieh  the 
naflse  of  ostium  was  also  given,  and  m  which  there 
waa  frequently  a  small  room  (catfa)  for  the  porter 
(jamUor  or  otHanmty^  and  also  for  a  dog,  whi^ 
was  uaually  kept  in  the  hall  to  guard  the  house. 
A  fiill  account  of  this  part  of  the  house  is  given 
under  Janoa.  Another  door  (Jamma  Mtonof^  op- 
podte  the  street  door  led  mto  the  atrium. 

3.  Atrivm  or  Cavvm  Abdium,  aa  it  is  written 
by  Varro  and  Vitruvius ;  Pliny  writes  it  Cbooo- 
dimm.  Hut,  MilUer  (£ifradbr,  vol  L  p.  255), 
Biarini,  and  moat  modem  writers,  consider  the 
Atrium  and  Cavum  Aedium  to  be  the  same ;  but 
Newton,  Stratieo,  and  more  recently  Becker  {Gat- 
buy  roLi  ^  77,  Ac.),  maintain  that  ther  were 
distinct  rooms.  It  is  imposnble  to  give  a  decisive 
opinion  on  the  subject ;  but  from  the  statements  of 
Varro  {De  Lmg.  Lot.  v.  161,  MUler)  and  Vitru- 
vius (vi.  3,  4,  Bipont),  taken  m  connection  with 
the  foct  that  no  houses  m  Pompdi  have  been  yet 
discovered  which  contain  both  an  Atriim  and 
Cavum  Aedium,  it  is  most  probable  that  they 
were  the  same.  The  Atrium  or  Cavum  Aedium 
was  a  large  apartment  roofed  over  with  the  excep- 
tion of  an  opening  in  the  centre,  called  eomph^ 
ONMi,  towards  which  the  roof  sloped  so  as  to  throw 
the  rain-water  into  a  dstem  in  the  floor,  termed 
implmiitm  (Varro,  I  o. ;  Festos,  t.  e.  ImphmMm\ 
which  waa  frequently  ornamented  with  statues, 
columns,  and  other  worics  of  art  (Cic.  e.  Verr,  ii. 
23,  56.)  The  word  trnphmmn^  however,  is  alao 
employed  to  denote  the  aperture  in  the  root  (Tor. 
^HM.  iiL  5.  41.)  Schneider,  in  his  commentary  on 
Vitruvius,  supposes  cavnm  aedium  to  mean  the 
whole  of  this  apartment  induding  the  impluviun, 
while  atrium  signified  only  the  covered  part  ex- 
dunve  of  the  impluvimn.  Maioia,  on  the  con- 
trary, maintains  that  atrium  is  applied  to  the 
whole  apartment,  and  cavum  aedium  only  to  the 
uncover^  part  The  breadth  of  the  implnvium, 
according  to  Vitruvius  (vi  4),  waa  not  less  than  a 
quarter  nor  g|reater  than  a  thhrd  of  the  breadth  of 
the  atrium ;  its  length  was  in  the  same  proportion 
according  to  the  length  of  the  atrium. 

Vitruvius  (vi  3)  oistingnishes  five  kinds  of  atria 
or  cava  aedium,  which  were  called  by  the  follow- 
ing names: — 

(1.)  Ttueauaemn,  In  this  the  roof  was  sup- 
ported by  four  beams,  crossing  each  other  at  rigot 
anglea,  the  induded  space  forming  the  complu- 
vium.  This  kind  of  atnum  was  probably  the  most 
andent  of  all,  as  it  is  more  simple  than  the  others, 
and  is  not  adapted  for  a  very  large  building. 

(2.)  TetrouSylMm,  This  was  of  the  same  form 
as  the  preceding,  except  that  the  main  beams  of 
the  roof  were  supported  by  pillarB,  placed  at  the 
four  angles  of  the  mipluvium. 

(3.)  Corinthimn  was  on  the  same  principle  as 
the  tetrastyle,  only  that  there  were  a  greater  num- 
ber of  pillaiB  around  the  impiuvium,  on  which  the 
beams  of  tiie  roof  rested. 

(4.)  Dupluviatmn  had  its  roof  doping  the  con- 
trary -WRY  to  the  implurium,  so  that  die  water  fell 
outside  the  house  instead  of  hang  carried  into  the 
impluvram. 

(5.)  TeOudinaium  was  roofed  all  over  and  had 
no  complnvinm. 

The  atrium  was  the  most  important  room  in  the 
house,  and  among  the  wealthy  was  fitted  up  with 
much  splendour  and  magnificence.  (Ompare  Hor; 


428  DOMU& 

OanL  ill  1.  46.)  The  mttble  eolnniBi  of  Scannif 
akmdj  ipokeii  of  were  nlaced  in  the  atriom.  The 
atriiim  ai^Man  oriffinalij  to  hare  heen  the  onlj 
ntting-room  in  the  noQM,  and  to  have  lerred  alto 
as  a  kitchen  (Serr.  ad  Viry,  Am,  I  726,  iil  353)  ; 
and  it  prohablj  continned  to  do  to  among  the 
lower  and  middle  rliMfi.  In  the  hooBei  of  the 
wealthy,  however,  it  was  distinct  from  the  private 
apartments,  and  was  used  as  a  reception  room, 
where  the  patron  received  his  clients,  and  the 
great  and  noUe  the  nnmenms  visitors  who  were 
aocQstomed  to  call  eveiy  morning  to  pay  their  re- 
jects or  solicit  fitvours.  (Hor.  Ep.  I  5.  30 ;  Juv. 
vii.  7,  91.)  Cioero  frequently  complains  that  he 
was  not  exempt  from  this  annoyance,  when  he 
retired  to  his  ooontzy-hooses.  (Ad  AtL  ii.  14,  v. 
2,  &c)  Bnt  though  the  atrium  does  not  appear 
to  have  been  used  by  the  wealthy  as  a  sitdng- 
room  for  the  fiunily,  it  still  continued  to  be  em- 
ployed for  many  pnrpooes  which  it  had  originally 
served.  Thus  the  nuptial  couch  was  placed  in  the 
atrium  opposite  the  door  (m  amla^  Hor.  J3p,  i  1. 
87  ;  Ascon.  m  do.  pro  Mil  p.  43,  Orelli),  and 
also  the  instruments  and  materials  for  spinning 
and  weaving,  which  were  formeriy  earned  on  by 
the  women  of  the  fiunily  in  this  room.  (Asoon. 
L  c)  Here  also  the  images  of  their  ancestors 
were  placed  (Juv.  viii.  19  ;  Mart  ii  90X  and  the 
focus  or  fire-phoe,  which  possessed  a  saoed  cba- 
rscter,  beiqg  dedicated  to  tne  tsim  of  each  iSunily. 
[Focus.] 

4.  Alab,  wmgs,  were  small  apartments  or  re- 
cesses on  the  left  and  right  sides  of  the  atrium. 
(Vitruv.  vi.  4.) 

5.  Tablinum  was  in  all  probability  a  recess  or 
room  at  the  fiirther  end  of  the  atrium  opposite  the 
door  leading  into  the  haU,  and  was  regarded  as 
part  of  the  atrium.  It  contained  the  fiunUy  records 
and  archives.  (Vitruv.  vi.  4  ;  Festus,  «.  e. ;  Plin. 
H.  N,  xrxv.  2.) 

With  the  tablinum,  the  Roman  house  appean 
to  have  originally  ceased  ;  and  the  sleeping  rooms 
were  probaoly  arranged  on  each  side  of  the  atrium. 
But  when  the  atrium  and  its  surrounding  rooms 
were  used  for  the  reception  of  clients  and  other 
public  visitors,  it  became  necesaary  to  increase  the 
size  of  the  house ;  and  the  foUowiog  rooms  were 
accordingly  added :  — 

6.  Faucbs  i^pear  to  have  been  passa^  which 
pasted  from  the  atrium  to  the  peristylium  or  in- 
terior of  the  house.  (Vitruv.  vi.  3.) 

7.  Pbustylium  was  in  its  general  form  like 
the  atrium,  but  it  was  one-third  greater  in  breadth, 
measured  transversely,  than  in  length.  (Vitruv. 
vi  4.)  It  was  a  court  open  to  the  sky  in  the 
middle ;  the  open  part,  which  was  surrounded  by 
columns^  was  larger  than  the  impluvium  in  the 
atrium,  and  was  frequently  decorated  with  flowets 
and  shrubs. 

The  arrangement  of  the  rooms,  which  are  next 
to  be  notioec^  varied,  as  has  beoi  remarked,  ac* 
cording  to  the  taste  and  circumstances  of  the 
owner.  It  is  therefore  impossible  to  assign  to 
them  any  regular  place  in  the  house. 

1 .  CuBicuLA,  bed-chambers,  appear  to  have  been 
usually  smali  There  were  separate  cubicula  for 
the  day  and  night  {eubioula  dwrna  et  noetuma^ 
Plln.  JSp,  i  3) ;  the  latter  were  also  called  dortni- 
twia.  {Id,  V.  6 ;  Plin.  H,  N,  xxx.  17.)  Vitruviua 
(vi  7)  recommends  that  they  should  fooe  ^e  east 
for  the  benefit  of  the  rising  sun.     They 


DOMU& 

times  had  a  small  anteroom,  whidi  ^ 

the  Greek  name  of  wpMEem^.    (Plin.  ^^  u.  17.) 

2.  Triclinia,  dimiig-rooaiB,  aie  treated  of  ia  a 
separate  article.    [TaiCLiNiuif.] 

3.  Obci,  from  the  Greek  o&cos,  weee  spackas 
halls  or  saloons  borrowed  frvm  tbe  Greeka^  and 
were  frequently  used  as  tridinia.  They  were  to 
have  the  same  proportions  as  tricUniA*  but  wa«  to 
be  more  spacious  on  aocoont  of  liavxnig  colmEia, 
which  triclinia  had  not  (VitruT.  ti.  5.>  Vioti- 
vius  mentions  four  kinds  of  oeci :  — 

(1.)  The  TWras^  which  needs  no  Inrtber  de- 
scription.   Four  columns  supported  the  ioo£ 

(2.)  The  CbrMtUon,  which  poaacwed  only  one 
row  of  columns,  supporting  the  aichitcaTe  (leprnt^' 
Uum\  cornice  (corona),  and  a  vaulted  io«i£ 

(3.)  The  AtggptkM^  which  waa  nuare  aplendid 
and  more  like  a  basilica  than  a  Cormihian  tricli- 
nium. In  the  Aegyptian  oecns,  the  piUaiB  ws^ 
ported  a  gallery  with  paved  floor,  which  fonaed  a 
walk  round  the  apartment ;  and  upcn&  tbeae  piUsrs 
others  were  placed,  a  fourth  part  leaa  in  faeij^kt 
than  the  lower,  which  surrounded  the  roo£  Be- 
tween the  upper  columns  windows  were  inserted. 

(4.)  The  Cgxuxme  (KvCuciimh)  appean  in  tbe 
time  of  Vitruvius  to  have  been  seldom  aaed  in 
Italy.  These  oed  were  meant  for  mnwrm^mr  qk^ 
looking  to  the  north,  and,  if  possible,  fiaciag  gar- 
dens, to  which  they  openied  by  foldi^g-dMO. 
Pliny  had  oeci  of  this  kind  in  his  villa. 

4.  Exbdbab,  which  appear  to  have  been  m 
form  much  the  same  as  the  oed,  for  Vitravios  (vi 
5)  speaks  of  the  exedrae  in  connection  with  oed 
quadrati,  were  rooms  for  conversation  and  the 
other  purposes  of  sodety.  (Cic  de  NiaL  Ueor.  L  6, 
De  OraL  iii  5.)  They  served  the  same  purposes 
as  the  exedrae  in  the  Thermae  and  Gymnasia, 
which  were  semicircular  rooms  with  seats  for  phi- 
losophers and  others  to  converse  in.  (Vitmv.  t.II^ 
viL  9 ;  Balnbab.) 

5.  6,    7.      PiNACOTHBCA,    BlBLIOTHSCA,  and 

Balinbum  [see   Balnbab],  are  treated  of  in 
sepante  artides. 

8.  CuLiNA^  the  kitchen.  The  food  was  origin- 
ally cooked  in  the  atrium,  as  has  been  already 
stated  ;  but  the  progreas  of  refinement  afterwards 
led  to  the  use  of  another  part  of  the  house  for  this 
purpose.  In  the  kitchen  of  Pansa^  hoose,  of 
which  a  ground-plan  is  given  below,  a  atove  for 
stews  and  similar  preparations  waa  foniid,  very 
much  like  the  charcoal  stoves  used  in  the  present 
day.  (See  woodcut)  Before  it  lie  a  knife,  a 
strainer,  and    a    kind  of  fryii^-pan  with   foor 


spherical  carities,  as  if 


-#^  " 


it  were  meant  to  cook 


DOMU8. 

Ib  tkii  kxtaben,  as  wdl  as  in  many  oUien  at 
Pcs^cii,  tbeve  are  paintims  of  the  Lazes  or  do- 
E&ik  goda,inider  vbose  care  tlie  pnnriskios  and 
aH  the  oooknig  nteosfls  wete  pUwed. 

d.  CoxiTACVLA  pn^terly  signified  rooms  to  dine 
ia ;  hat  sfter  it  became  tne  &shion  to  dine  in  the 
qifwr  pert  of  the  heuae,  the  whole  of  the  rooms 
abaTethe  gronad-floor  were  called  comaeula  (Van. 
de  Lag.  LaL  t.  162»  Mlilkr),  and  hence  Festos 
sn,  '^Coesacnia  dicnntor,  ad  quae  scalis  asoendi- 
ta."  (Cooipare  Dig.  9.  tit.  8.  a.  1.)  As  the  rooms 
OS  tk  gimmd-floor  were  of  different  heights  and 
BoaetiiDea  readied  to  the  roo^  all  the  rooms  on 
tke  ^per  atory  coold  not  be  united  with  one  an- 
cckr,  sad  conaeqaently  difierent  sets  of  stairs 
▼Olid  he  needed  to  connect  them  with  the  lower 
put  of  the  hoose,  as  we  find  to  be  the  case  in 
koiei  St  PampeiL  Sometimes  the  stairs  had  no 
txmtOam.  with  the  lower  part  of  the  home,  but 
ueadei  at  onee  from  the  street  (LIt.  zxxix.  14.) 

10.  DiAiTA  was  an  apartment  used  for  dining 
OfSBd  for  the  other  piirposes  of  life.  (Plin.  Ep,  iL 
17 ;  SoeU  OamL  10.)     It  appears  to  have  been 


DOMU& 


439 


■natlar  than  the  tridininm.  Diaeta  is  also  the 
name  given  by  Pliny  {Ep,  rl  5)  to  rooms  contain- 
ing three  or  four  bed-chambers  {mbiewh).  Plea- 
sure-houses or  summer-houses  are  also  called  di- 
aetae.  (Dig.  80.  tit  1.  s.  43  ;  7.  tit  1.  s.  18. 
§8.) 

11.  S01.ARIA,  properly  places  for  baskmg  in 
the  son,  were  terraces  on  the  tops  of  houses. 
(Phmt  Mil  ii.  a  69,  iL  4.  25 ;  Suet  Ner.  16.) 
In  the  time  of  Seneca  the  Romans  formed  artificial 
gardens  on  the  tops  of  their  houses,  which  con- 
tained even  firuit-trees  and  fish-ponds.  (Sen.  Ep, 
122,  Omir,  Erne,  v.  £  ;  Suet  Ctamd,  10.) 

The  two  woodcuts  annexed  represent  two  atria 
of  houses  at  PompeiL  The  first  is  the  atrium  of 
what  u  usually  called  the  house  of  the  Quaestor. 
The  view  is  ti^en  near  the  entranoe-hall  fiunng  the 
tablinum,  through  which  the  colunms  of  the  nen- 
style  and  the  gvden  are  seen.  This  atrium,  wnich 
is  a  specimen  of  what  Vitruvius  calls  the  Corin- 
thian, is  suiTounded  by  various  rooms,  and  is 
beautifully  painted  with  arabesque  designs  upon 
red  and  yellow  grounds. 


Tke  next  woodcut  represents  the  atrium  of 
wkt  a  Qsaally  called  the  house  of  Ceres.  In  the 
centre  is  the  implnvinm,  and  the  passage  at  the 
Mm  end  is  the  ostium  or  entrance-hall.  As 
time  an  no  pillarB  around  the  impluvium,  this 
atrisB  most  belong  to  the  kind  called  by  Vitruvius 
tiieToicaB. 


The  preceding  account  of  the  different  rooms, 
and  especially  of  the  arrangement  of  the  atrium, 
tablinum,  peristyle,  &C.,  is  best  illustrated  by  the 
houses  which  have  been  disinterred  at  Pompeii. 
The  ground-plan  of  two  is  accordingly  subjoined. 
The  first  is  the  phui  of  a  house,  usually  called  the 
house  of  the  tragic  poet 

Like  most  of  the  other  houses  at  Pompeii,  it 
had  no  vestibulum  according  to  the  meaning  wldch 
we  have  attached  to  the  word.  1.  The  ostium  or 
entrance  hall,  which  is  six  feet  wide  and  nearly 
thirty  long.  Near  the  street  door  there  is  a  figure 
of  a  large  fierce  dog  woriced  in  mosaic  on  the 
pavement,  and  beneath  it  is  written  Cave  Canem. 
The  two  large  rooms  on  each  side  of  the  vestibule 
appear  from  the  large  openings  in  front  of  them  to 
have  been  shops  ;  they  communicate  with  the  en- 
trance haQ,  and  were  therefore  probably  occupied 
by  the  master  of  the  house.  2.  The  atrium,  which 
is  about  twenty-eight  feet  in  length  and  twenty  in 
breadth ;  its  impluvium  is  near  the  centre  of  the 
room,  and  its  noor  is  paved  with  white  tesserae, 
spotted  with  bku:k.    8.  Chambers  for  the  use  oS 


480 


DOMUa 


DOMUa 


^- 

e 

1 

•_ 

L 

l_ 

P    1 

?  B'  [7 

■  4 

t 

.  . 

__ 

J 

the  fiiinflj,  or  intended  for  the  reception  of  guests, 
who  were  entitled  to  claim  hospitality.  When 
a  house  did  not  possess  an  hospitium,  or  rooms 
expressly  for  the  reception  of  guests,  they  v^ 
pear  to  hare  been  lodged  in  rooms  attached  to 
the  atrium.  [Hospitium.]  4.  A  small  room  with 
a  stair-case  leading  np  to  the  upper  rooms.  5. 
Alae.  6.  The  tablinnm.  7.  The  fiiuces.  8.  Peri- 
Btrle,  with  Doric  columns  and  garden  in  the  centre. 
The  huge  room  on  the  right  of  the  peristyle  is  the 
triclinium ;  beside  it  is  the  kitchen ;  and  the 
smaller  apartments  are  cubicula  and  other  rooms 
for  the  use  of  the  family. 

The  next  woodcut  contains  the  grmmd-pUm  of 
an  Mm&i,  which  was  properly  a  house  not  joined 
to  the  neighbouring  houses  by  a  common  wall. 
(Festus,  t.  o.)  An  insula,  howeyer,  generally 
contained  seTeral  separate  houses,  w  at  least 
separate  apartments  or  shops,  which  were  let  to 
di£Eierent  nunilies  ;  and  hence  the  term  domus 
under  the  emperors  appears  to  be  applied  to  the 
house  where  one  family  lived,  whether  it  were  an 
insula  or  not,  and  ininila  to  any  hired  lodgings. 
This  insula  contains  a  house,  surrounded  by  shops, 
which  belonged  to  the  owner  and  were  let  out  by 
him.  The  house  itself,  which  is  usually  called  the 
house  of  Pansa,  evidently  belonged  to  one  of  the 
principal  men  of  Pompeii  Including  the  garden, 
which  is  a  third  of  the  whole  lengt^  it  is  about 
800  feet  long  and  100  wide. 

A.  Ostium,  orentraace-hall,  paved  with  mosaic. 

B.  Tuscan  atrium.  I.  Impluvium.  C.  Chambers 
on  each  side  of  the  atrium,  probably  for  the  recep- 
tion of  guests.  D.  Ala.  £.  Tablinum,  which  is 
cpen  to  the  peristyle,  so  that  the  whole  length  of 
the  house  eould  be  seen  at  once  ;  but  as  there  is  a 
passage  (fitaces),  F,  beside  it,  the  tablinum  might 
probably  be  closed  at  the  pleasure  of  the  owner. 

C.  Chambers  by  the  fences  and  tablinnm,  of  which 
the  use  is  uncertain.  O.  Peristyle.  D.  Ab  to 
the  peristyle.  C.  Cubicula  by  tiie  side  of  the 
peristyle.  K.  Triclinium.  L.  Oecus,  and  by  its 
side  there  is  a  passage  leading  from  the  peristyle 
to  the  garden.     M.  Back  door  {pottiemn  owliwm)  to 


the  street  N.  Culina.  H.  Servants*  hall,  vitl^ 
a  back  door  to  the  street  P.  Portico  of  two  stories, 
which  proves  that  the  house  had  an  upper  float: 
The  site  of  the  staircase,  however,  is  nnknowi, 
though  it  is  thought  there  is  some  indicatioo  d 
one  in  the  passage,  M.  Q.  The  garden.  It  Re«er- 
voir  for  supplying  a  tank,  8w 

The  weoeiding  rooms  bdoaged  ezchuively  ts 
Pansa^  house  ;  but  there  were  a  goodmaay  apait-. 
ments  betides  in  the  insula,  which  were  not  m  iui 
occupation,  a.  Six  shops  let  oat  to  tenanta  Tboss 
on  the  right  and  left  hand  comers  were  faaken* 
shops,  which  contained  mills,  ovens,  &c  at  &.  The 
one  on  the  right  appean  to  have  been  a  Isigc 
establishment,  as  H  contains  many  rooms,  c  Two 
houses  of  a  very  mean  dass,  having  fenneriy  sa 
upper  story.  On  the  other  side  are  two  hoaies 
much  larger,  d. 

Having  g^ven  a  general  description  of  the  rooof 
of  a  Roman  house,  it  remains  to  speak  of  the 
(1)  floors,  (2)  walls,  (3)  ceilings,  (4)  wiDdowi,uid 
(5)  the  mode  of  warming  thenoms.  For  the  doco 
see  JasvAm 

(1.)  The  floor  (tobim)  of  a  room  was  aeldoa 
bonded,  though  this  appean  to  have  been  iome> 
times  done  (strata  solo  toftatoo,  Stat  Sih.  L  5. 57). 
It  was  generaUy  covered  with  stone  or  maihle,  q( 
The  common  floon  were  paved  vitk 


DOMUS. 

fkeu  «f  hnckM,  tflei,  ttones,  fte^  fenning  a  kind 
•f  eaoposhioB  odlcd  rmitntio,  (VitniT.  -ni  1.) 
Ajwtkf  kind  cf  pavement  waf  that  called  opm$ 
S^tMKm,  whieh  wai  a  kind  of  platter  made  of 
tfkt  heaxm  to  povder  and  tempered  with  mortar. 
It  derived  it!  bum  from  Signia,  a  town  of  Italy, 
cdrbnted  ftr  itt  tilea.  (PUn.  H.  M  zxxr.  46.) 
Snoetinet  piseea  of  marble  were  imbedded  in  a 
eaepofitiao  graand,  which  appear  to  haTe  formed 
dbe  floon  ailed  bj  PUnj  btmbanea  or  tmbtegtUmma, 
md  which  probably  gare  the  idea  of  moiaict.  At 
thMe  torn  wen  beaten  down  {panUa)  with  ram- 
men  (jbfteK),  the  word  jujtiiiflafaiii  became  the 
foxnl  mnt  tar  a  floor.  The  kind  of  patement 
olkd  wafyimaimm  waa  first  introdooed  in  the 
taipleof  JipherOipitolinns  after  the  beginning  of 
tke  tiuni  Pmne  war,  bnt  became  quite  common  in 
Rom  beftre  the  beginning  of  the  Cimbrie  war. 
(li  xxxfi.  61.)  Moeaica,  called  by  Pliny  UOo- 
gnta  {KMrrfmrmy,  though  this  word  has  a  more 


eitanre  netnhig^  fint  came  into  nse  in  Sulla'^ 
bae,  «^  mtde  one  in  the  temple  of  Fortone  at 
Poeoeite.    (Id.  xxxri.  64.)     Mosaic  work  was 


«ftTO(b  ailed  hfmswum  qmi.  (Sportian.  Pe$eem, 
H  6  :  TtebelL  PoDio,  Trigm,  T^ranu.  24  ; 
Augnitm.  De  GvUate  Dei^  xvi  8.)  The  floors  of 
^  •tooies  at  Pompeii  are  frequently  composed  of 
i»«ua,w\aehareaaaally  formed  of  black  frets  on 
>  viii*4  groqnd,  or  white  anes  on  a  black  gionnd, 
tbingk  Hoe  of  them  are  in  coloored  marbles. 
^«  tnttenli  of  which  they  are  generally  formed 
■jeioaO  pieces  of  red  and  white  marble  and  red 
^1^  irt  in  a  Tcfy  fine  cement  and  laid  upon  a 
^VArf  mortar,  which  serred  as  a  base.  The 
"^example!  here  given,  which  are  tal^en  fiwn 
??■«  Pompeii,  will  convey  a  general  idea  of 
^fcna  and  appearance. 


! 

DOMVa 

o!o| 

MI 

mi 

>4<Ei>KrS 

> 

I 

o 

o^ 

^^^O^-^^ 

2 

Mosaic  payementa,  however,  have  been  dis> 
covered  at  Pompeii,  which  represent  figures  and 
scenes  of  actual  life,  and  are  in  reality  pictures  in 
mosaic.  One  of  the  most  beautiftd  of  these  is 
given  in  its  original  colours  in  Odl'S  Pompeiami^ 
2nd  series,  plate  xlv.  It  is  composed  of  very  fine 
pieces  of  fflass,  and  represents  the  choragus,  or 
master  of  the  chorus,  instructing  the  actors  in  their 
parts.  A  atill  more  extraordinary  mosaic  painting 
was  discovered  in  Pompeii  in  1831  ;  it  is  supposed 
to  represent  the  battle  of  Issus.  {Muteo  BoHnmeOy 
viiL  t.  96—45.) 

(2.)  The  inner  walls  (pariMet)  of  private  roomt 
were  frequently  lined  with  slabs  of  marble  (Plin. 
/f.  AT.  zzzvi.  7),  but  were  more  usually  ooveied  by 
paintings,  which  in  the  time  of  Augustus  were 
made  upon  the  walls  themselves.  The  prevalence 
of  thia  practice  is  attested  not  only  by  Pliny 
(H.  N.  XXXV.  S7X  ln>t  also  by  the  circumstance  that 
even  the  small  houses  in  Pompeii  have  paintmgs 
upon  their  walla.  The  following  woodcut,  which 
represents  the  side  of  a  wall  at  Pompeii,  is  one  of 
the  simplest  bnt  most  common  kind.  The  compart- 
ments are  usually  filled  with  figures. 


The  general  appearance  of  the  walls  may  be 
seen  from  the  woodcuts  given  above.  Subjects  of 
all  kinds  were  chosen  for  painting  on  the  wialls,  as 
may  be  seen  by  a  reference  to  the  Museo  Borbonico, 
Oell,  Maiois,  &c.  (Compare  Vitruv.  vii.  5.)  The 
colours  seem  usually  to  hiave  been  laid  upon  a  dry 
pound,  but  were  sometimes  placed  upon  it  wet,  as 
m  the  modem  fresco  painti^  (eolont  udo  Uetorio 
MN/aoere,  Vitruv.  vii.  3).  The  walls  also  appear 
to  have  been  sometimes  ornamented  with  raised 
figures,  or  a  species  of  bas-relief  {typot  im  tectorio 
atrioU  tndmdere^  Clc  ad  Att.  L  10),  and  some- 
times with  mosaics.    (Plin.  H,  N",  xxxvl  64.) 


432 


DOMUS. 


(3.)  The  ceilings  seem  originallj  to  hare  been 
left  iincoyered,  the  beams  which  sapported  the 
roof  or  the  upper  story  beine  visible.  Afterwards 
planks  were  placed  across  these  beams  at  certain 
intervals,  leaving  hollow  spaces,  called  lacunaria 
or  laquMria^  which  were  frequently  covered  with 
gold  and  ivory,  and  sometimes  with  paintings. 
(Hor.  Carm.  iL  18  ;  Plin.  H.  y,  xxxiiL  18  ;  Sen. 
Ep.  90  ;  Suet.  Ner,  31.)  There  was  an  arched 
ceiling  in  common  use,  odled  Camara,  which  is 
described  in  a  separate  article. 

(4.)  The  Roman  houses  had  few  windows 
(fenestras).  The  principal  apartments,  the  atrium, 
peristyle,  &c,  were  lighted,  as  we  have  seen, 
from  above,  and  the  cubicula  and  other  small 
rooms  generally  derived  their  light  from  them,  and 
not  from  windows  looking  into  the  street  The 
rooms  only  on  the  upper  story  seem  to  have  been 
usually  liffhted  by  windows.  (Juv.  iii.  270.) 
Very  few  houses  in  Pompeii  have  windows  on  the 
p;round-floor  openinff  into  the  street,  though  there 
IS  an  exception  to  this  in  the  house  of  the  tragic 
poet,  whicn  has  six  windows  on  the  ground-floor. 
Even  in  this  case,  however,  the  windows  are  not 
near  the  ground  as  in  a  modem  house,  but  are  six 
feet  six  inches  above  the  foot-pavement,  which  is 
raised  one  foot  seven  inches  above  the  centre  of  the 
street  The  windows  are  small,  being  hardly  three 
feet  by  two  ;  and  at  the  side  there  is  a  wooden 
frame,  in  which  the  window  or  shutter  might  be 
moved  backwards  or  forwards.  The  lower  part  of 
the  wall  is  occupied  by  a  row  of  red  panels  four 
feet  and  a  half  high.  The  followmg  woodcut  re- 
presents part  of  the  wall,  with  apertures  for  win- 
dows above  it,  as  it  appears  from  the  street  The 
tiling  upon  the  wall  is  modem,  and  is  only  placed 
there  to  preserve  it  from  the  weather. 


The  windows  appear  originally  to  have  been 
merely  openings  in  the  wall,  closed  by  means  of 
shutters,  which  frequently  had  two  leaves  {bi/om 
/enettrae,  Ovid,  Pomt,  iii  8.  5),  whence  Ovid 
{Amor,  i  6.  3)  says, 

'*  Pars  adaperta  fiiit,  pars  altera  dausa  fenestiae.** 
They  are  for  this  reason  said  to  be  joined,  when 
they  are  shut  (Hor.  Carm,  ii  25.)  Windows 
were  also  sometimes  covered  by  a  kind  of  lattice 
or  trellis  work  {eUOhrt)^  and  sometimes  by  net- 
work, to  prevent  serpents  and  other  noxious  rep- 
tiles from  getting  in.  (Plant  MUL  ii.  4.  25  : 
Varro,  Re  Rud,  m,  7.) 

Afterwards,  however,  windows  were  made  of  a 
transparent  stone,  called  lopU  epeaUaris  (mica), 
which  was  first  found  in  Hispania  Citerior,  and 
afterwards  in  Cyprus,  (3appadocia,  Sicily,  and 
Africa  ;  but  the  best  came  from  Spain  and  C!ap- 
padocia.     It  was  easily  split  into  the  thinnest 


DONARIA. 
laminsB,  but  no  pieces  had  been  disoorered,  a} 
Pliny,  above  five  feet  long.  (Plin.  H.  N,  xxxr 
45.)  Windows  made  of  this  stone  were  caIl^ 
tpeatlaria,  (Sen.  Ep,  90 ;  Plin.  Ep,  ia.  M 
Mart  viiL  14.)  Windows  made  of  glass  {vitnm 
are  first  mentioned  by  Lactantitis  (De  Opt/.  Dei,  8) 
but  the  discoveries  at  Pompeii  prove  thai  gks< 
was  used  for  windows  under  tht  earij  emperon,  ai 
frames  of  glass  and  glass  windowa  have  been  ibim< 
in  several  of  the  houses. 

(5.)  The  rooms  were  heated  in  winter  m  dlf 
ferent  ways  ;  but  the  Romans  had  no  stoves  liiu 
ours.  The  cubicuhi,  triclinia,  and  other  n»nu, 
which  were  intended  for  winter  use,  were  boUt  k 
that  part  of  the  house  upon  which  the  son  skei 
most ;  and  in  the  mild  climate  of  Italy  this  fre- 
quency enabled  them  to  dispense  with  any  srJ- 
ficial  mode  of  warming  the  rooms.  Rooms  cxpoud 
to  the  sun  in  this  way  were  sometimes  called  keho- 
camuU,  (Plin.  Ep,  il  17  ;  Dig.  8.  tit  2.  l  17.) 
The  rooms  were  sometimes  heated  by  hot  air,  vhkb 
was  introduced  by  means  of  pipes  from  a  fonace 
below  (Plin.  J^^  il  17  ;  Sen.  Ep,  90),  but  more 
frequently  by  portable  furnaces  or  braziers  {/6caH\ 
in  which  coal  or  charcoal  was  burnt  (See  uDod- 
cut,  p.  190.)  The  camimme  was  also  a  kind  ol 
stove,  in  which  wood  appears  to  have  been  osiallj 
burnt,  and  probably  only  differed  fitm  thtfaadn 
in  being  larger  and  fixed  to  one  place.  (Sa<?t 
ViidL  8  ;  Hor.  SaLlB,  81.)  It  has  been  a  nb- 
ject  of  much  dispute  among  modem  wnten, 
whether  the  Romans  had  chimneys  for  cairjii^ 
off  the  smoke.  From  many  passages  in  andoii 
writers,  it  certainly  appears  that  rooms  usual]  j  had 
no  chimneys,  but  that  the  smoke  escaped  throuf b 
the  windows,  doors,  and  openings  in  the  rouf 
( Vitrov.  vil  3  ;  Hor.  I  e,  ;  Voes,  ad  Vwg,  Georp. 
ii.  242)  ;  but  chinmeys  do  not  appear  to  haxt  been 
entirely  unknown  to  the  ancients,  as  some  are  said 
to  have  been  found  in  the  ruins  of  ancient  bond- 
ings.    (Becker,  OaUms^  vol  i  p.  102.) 

( Winkelmann,  SekrifteH  Uber  die  Hmi»bai»(ie% 
Entdedamgen;  Hirt,  Cfeedtidte  der  RoMhtad; 
Mazois,  Lee  Rumea  de  PompH^  part  ii,  Le  PaiaU 
de  Soaurus;  Qell,  Pompekuaa;  Ponqteii,  liOixi. 
]2mo.  1832  ;  Becker,  GalUu;  Schneider,  ad 
Vitnv,) 

DONA'RIA  {kmMiitara  or  ^knurc^^oa),  are 
names  by  which  the  andenu  designated  presents 
made  to  the  gods,  either  by  individuals  or  com- 
munities. Sometimes  they  are  also  called  doma  or 
8»pa.  The  belief  that  the  gods  were  pleased  witk 
costly  po^sents  was  as  natiual  to  the  ancieDts  as 
the  belief  that  they  could  be  influenced  in  tbeir 
conduct  towards  men  by  the  offering  of  sacrificea ; 
and,  indeed,  both  sprang  from  the  same  feeling. 
Presents  were  mostly  given  as  tokens  of  gntitade 
for  some  fevour  which  a  sod  had  bestoved  on 
nian  ;  but  in  many  cases  they  were  intended  to 
induce  the  deity  to  grant  some  spedal  £iToar. 
At  Athens,  every  one  of  the  six  thesmothetae,  or, 
according  to  Pkto  {Pkaedr.  p.  235,  dX  all  the  nine 
archons,  on  entering  upon  their  ofllce,  had  to  take 
an  oath,  that  if  they  violated  any  of  the  laws,  they 
would  dedicate  in  the  temjde  of  Delphi  a  gilt 
statue  of  the  size  of  the  man  who  dedicated  it 
(dySpid^ra  xfovow  Urofjuhfnrrot^^  see  Pint  SU. 
25  ;  Pollux  viil  85  ;  Suidas,  «.  v,  Xfvaiitudf', 
Heraclid.  Pont  c.  1.)  In  this  last  case  the  sos- 
thema  was  a  kind  of  punishment,  in  which  tiu 
statue  was  regarded  as  a  sabstitato  lor  the  persa 


IX)NARIA. 

Siifcitcdtothegodfl.  Almoftt  all  preienta  of  this 
\M  wen  dedioted  in  tonplea,  to  which  in  Mme 
plioet  IB  eqwcad  huiUing  ma  added,  in  which 
'kkM  tnMiiei  were  pmeired.  Such  bnildiiigi 
KR  called  diKnfo((treMiiiwt)  ;  and  in  the  iMVt 
fie^ocBted  tonplei  of  Greece  manj  otates  had  their 
cpante  tRatDxiet.  (B9ckh,  ISA.  Earn.  ifAA, 
pL44l,Ac2dedit)  The  act  of  dedieatioii  vat 
olied  ^varitfm,  domu%  rforfioiiwi,  or  wenini. 

Tke  emloBi  of  naking^  denfttiooa  to  the  godi  is 
kad  nafli^  the  incientB  Iran  the  earliest  times 
of  vhich  we  liave  any  record,  down  to  the  mtro- 
JBCMpefChrirtianity  ;  and  eTcn  aiW  that  period 
it  la^  with  sooie  modificstionsy  ohserred  by  the 
Ckriitius  doing  the  middle  agesi  In  the  heroic 
ifA  d  Gxedsa  histarf  the  anathemata  were  of  a 
Bsple  denntioii,  and  consisted  of  chaplets  and 
pdindi  of  wweni  A  tcsj  common  donation  to 
tl^goda  leans  to  hare  been  that  of  locks  of  hair 
(«4aif  osfxaOt  whi^  yonths  and  maidens, 
apeaflj  ywqg  brides,  cut  off  from  their  heads 
lai  coDsecisted  to  aonw  deity.  (Horn.  IL  xriii 
141 ;  AncbyL  Ouepk.  6  ;  Eurip.  Oreat.  96  and 
1427,  BmA.  493,  Heiau  1093 ;  Plat  Thn.  5  ; 
Faasb  i  37.  S  2.)  This  coston  in  some  {daces 
hsted  oil  a  Toy  late  period :  the  maidens  of  Dalos 
dcdioOed  their  hair  before  their  wedding  to 
H«arcge  (Psan  i.  43.  §  4)«  and  those  of  Megan 
to  Iithisoe.  Ftaisanias  (ii.  1 1.  §  6)  saw  the  sUtne 
of  iijgida  at  Titaae,  covered  all  oTer  with 
iaduof  bur  which  had  been  dedicated  by  women. 
Caitlj  gaments  (w^Aot)  are  likewise  mentioned 
■BODg  tlie  cariiest  presents  made  to  the  gods, 
n|K<aIly  to  Athena  and  Hera.  (Horn.  IL  tL 
293,  30&)  At  Athens  the  sacred  v^Aot  of 
Athna,  in  which  the  great  adTcntnres  of  ancient 
iKfoes  wen  walked,  was  woTcn  by  maidens  ertry 
fi^  Ten,  at  the  fisstital  of  the  great  Panathenaea. 
[Aisinioau.]  (Compare  Aristoph.  ^a.  792  ; 
Paihi.  TU.50;  Wessdmg,  itd  Diod.  iSKs.  iL  p. 
44€.)  A  rimilar  peplns  was  woven  every  five 
yean  at  Olpspia,  by  aixteen  women,  and  dedi- 
QtedloHeia.  (Pans.  v.  16.  §2.) 

At  the  tine  when  the  fine  arts  floniished  in 
Gneee  the  amathciwata  were  generally  works  of 
m  of  enpinte  workmanship,  soch  as  high  tripods 
^wiogvaaea,  oaten,  cops,  candekbras,  pictures, 
•ttaei,  nd  various  other  things.  The  materials 
<f  vliidi  thej  were  made  differ^  acoording  to  eir- 
cBUttKn;  aoBK  were  ofbrome,  others  of  silver  or 
P>U  I  Athca.  VL  pu  231,  &&),  and  dieir  nnmber  is 
to  Q!  alaott  iaoanceivsble.  (Demoath.  Oi^nA,  iiL 
F-35.)  The  tocasares  of  the  temples  of  Delphi 
aid  OirmpiB,  ia  particular,  snrpass  all  conception. 
Even  Psoaaaiss,  at  a  poiod  when  nomberiess 
wab  tf  ait  Blast  have  perished  in  the  various 
ranges  sad  pfamden  to  which  Greece  had  been 
^^V^  Bv  sad  described  an  astonishing  number 
^  aaathenats.  Many  woika  of  art  are  stili  ex- 
tetf  bearisf  eridcBoe  by  their  inscriptions  that 
tbey  woe  dedicated  to  the  gods  as  tokens  of  grati- 
^^  E*ay  one  knows  of  the  magnificent  presents 
vkJehCnMRsmsde  to  the  god  of  Delphi.  (Herod. 
L  5ft,  &c)  It  was  an  almost  invariable  custom, 
after  tiie  bp^  imie  of  a  war,  to  dedicate  the 
^o^  put  if  Oe  spoil  (aaiwMrior,  iucp6\MP,  or 
vpwrAfiMr)  to  the  gods,  generally  in  the  form  of 
•weiwkrfsrt  (Herod. viii  82,  121;  Thucyd. 
iJ32;  P"*m.  13.  §3  ;  Athcn.  vi  p. 231,  Ac) 
^^**<MesiBagBificent  specimens  of  armoor,  such 
vafioeiwMd,hebwt,cr  ahield,  were  set  ^art 


DONARIA. 


433 


as  anathoaala  for  the  gods.  (Aristoph.  ^mU, 
792,  and  SchoL)  The  Athenians  always  dedi- 
cated to  Athena  the  tenth  part  of  the  spoil  and 
of  confiscated  goods  ;  and  to  all  the  other  gods  col- 
lectively, the  fiftieth  part  (Demoath.  o.  Tlisioer. 
PL  738,  dtc.)  After  a  seafi^t,  a  ship,  placed  upon 
some  eminence,  was  sometimes  dedicated  to  Nep- 
tune. (ThucYd.ii.  84  ;  Herod.  viiL  121.)  It  is 
not  improbable  that  trophies  which  were  always 
erected  on  the  field  of  battle,  as  well  as  the  statues 
of  the  victors  in  Olympia  and  other  places,  were 
originally  intended  as  tokens  of  gratitude  to  the 
god  who  was  supposed  to  be  the  canse  of  the  suc- 
cess which  the  victorious  party  had  gained.  We 
also  find  that  on  some  occasions  the  tenth  part  of 
the  profit  of  some  commercial  undertaking  was 
dedicated  to  a  god  in  the  shape  of  a  work  of  art 
Respecting  the  large  and  beauUful  crater  dedicated 
by  the  &unians  to  Hers,  s^  the  article  Ckatkr. 

Individuals  who  had  escaped  from  some  danger 
were  no  less  anxious  to  show  their  gratitude  to  the 
gods  by  anathemata  than  oommunitieau  The  in- 
stances which  occur  most  frequently,  are  those  of 
peraons  who  had  recovered  from  an  illness,  espe- 
cially by  spending  one  or  more  nights  in  a  temple 
of  Asdepins  (iitcaibaiio).  The  most  celebrated 
temples  of  this  divinity  were  those  of  Epidaurus, 
Cos,  Tricca,  and  at  a  later  period,  that  of  Rome. 
(Plin.  H.  N,  xx'ix.  1  ;  compare  F.  A.  Wol^  Fcr- 
mimAie  Sckriftm  tmd  Am/mtee^  ^  41 1,  &c.)  Cures 
were  also  efiected  in  the  grtytto  of  Pluto  and 
Proserpina,  in  the  neighbourhood  of  Nisa.  (Strab. 
ix.  pw  437,  xiv.  pw  649.)  In  all  cases  in  which  a 
cure  was  effected  preeenU  were  made  to  the 
temple,  and  little  tobleto  {tabmltu  voHvae)  were 
sospended  on  iU  walls,  containing  an  account  of 
the  danoer  from  which  the  patient  had  escaped, 
and  of  tne  manner  in  which  he  had  been  restored 
to  health.  Some  tablets  of  this  kind,  with  their 
inscriptions,  are  still  extant  (Wolf,  2. «.  p.  424, 
dtc)  From  some  relics  of  ancient  art  we  must 
infer,  that  in  some  cases,  when  a  particular  part  of 
the  body  was  attacked  by  disease,  the  penon,  after 
his  recovery,  dedicated  an  imitation  of  that  port 
in  gold  or  silver  to  the  god  to  whom  he  owed  his 
recovery.  Persons  who  had  escaped  firom  ship-  , 
vrreck  usually  dedicated  to  Neptune  the  dress 
which  they  wore  at  the  time  of  their  danger  (Hor. 
Cbrm.  i.  5. 13  ;  Vug.  Aem.  xiL  768)  ;  but  if  they 
had  escaped  naked,  ihey  dedicated  some  locks  of 
their  hair.  (Ludan,  d!#  Mera,  Otmd,  c.  1.  vol.  L  p. 
632,  ed.  Reis.)  Shipwrecked  persona  alao  sus- 
pended votive  tobleto  in  the  temple  of  Neptune,  on 
which  their  accident  was  described  or  painted. 
Individuals  who  gave  up  the  profession  or  oceapop 
tion  by  which  they  had  gained  their  livelihood, 
frequently  dedicated  in  a  temple  the  instmmento 
which  they  had  used,  as  a  grateful  acknowledgment 
of  the  favour  of  the  gods.  The  soldier  thus  dedi- 
cated his  arms,  the  fisherman  his  net,  the  shepherd 
his  flute,  the  poet  his  lyre,  dtfaara,  or  harp,  i.t. 

It  would  be  impossible  to  attempt  to  enumerate 
all  the  occasions  on  which  individuals,  as  well  as 
communities,  showed  their  gratefulness  towards 
the  gods  by  anathemata.  Descriptions  of  the  most 
remarkable  presento  in  the  various  temples  of 
Greece  may  be  read  in  the  works  of  Herodotus^ 
Strabo,  Paosanias,  Athenaena,  and  others. 

The  custom  of  making  presents  to  the  gods  was 
I  common  to  Greeks  and  Romans,  but  among  the 
latter  the  donaria  were  neither  as  numerous  nor 


434 


DONATIO. 


at  m&gnifiMnt  u  in  Greece  ;  and  it  wa«  more  fre- 
quent among  the  Romans  to  ihow  their  gzatitade 
towards  a  god,  by  building  him  a  temple,  by  pablic 
prayers  and  thanksgivings  (twpplie(Uio\  or  by 
celebrating  festiTO  games  in  honour  of  him,  than  to 
adoni  his  sanctuary  with  beautiful  and  costly  works 
of  art.  Hence  the  word  donaria  was  used  by  the 
Romans  to  designate  a  temple  or  an  altar,  as  well 
as  statues  and  other  things  dedicated  in  a  templew 
(Virg.  a^ory,  iii.  533  ;  Ovid,  Fast  iii.  335.)  The 
occasions  on  which  the  Romans  made  donaria  to 
their  gods,  are,  on  the  whole,  the  same  as  those  we 
have  described  among  the  Greeks,  as  will  be  seen 
from  a  comparison  of  the  following  passages :  — 
LiT.  z.  36,  zzix.  36,  zzxil  30,  zL  40,  37  ; 
Plin  H,  iV:  Tii.  48  ;  Suet  Ootid,  25  ;  Tacit  Attn. 
iiu  71  ;  Pbmt  Ampkitr,  iiL  2.  65,  OuretiL  i.  1.  61, 
ii.  2.  10  ;  AureL  Vict  Cam.  35 ;  Gellius,  ii.  10  ; 
Lucan.  iz.  515  ;  Cic  De  Nat,  Dwr,  iii.  37  ; 
Tibull.  iL  5.29  ;  Hoiat  Epitt,  i.  1. 4  ;  Stat  SUv. 
ir,  92.  [L.  S.J 

DONA'TIO.  Donatio  or  gift  is  an  agreement 
between  two  persons  by  which  one  gives  without 
remuneration  and  without  any  legal  obligation 
(nullo  jure  oogente),  and  the  other  accepts  some- 
thing that  has  a  pecuniary  value.  (Dig.  24.  tit  1. 
s.  5.  §  8,  16  ;  39.  tit  5.  s.  19.  §  2,  29.)  It  is 
properly  called  an  agreement,  because  it  is  not  suffi- 
cient that  there  be  a  person  to  give :  there  must 
also  be  a  person  who  consents  to  receive.  He  who 
is  incapacitated  to  dispose  of  his  property  or  to 
make  a  contract  is  consequently  incapable  of  giving : 
every  penon  who  has  a  capacity  to  acquire,  is 
capable  of  receiving  a  gift  The  ezceptions  to 
these  rules  occurred  in  the  cose  of  persons  who 
were  in  certain  relations  to  one  another,  as  pater 
and  iilinsfiunilias ;  yet  this  ezception  itself  is 
subject  to  ezceptions  m  the  matter  of  peculium. 
It  is  essential  to  the  notion  of  gift  that  the  giver 
gives  in  order  that  the  property  of  the  receiver 
may  be  increased  by  the  gift:  there  must  be  the 
animus  donandl  The  object  of  gift  may  be  any 
thing  which  accomplishes  this  end ;  for  instance, 
the  release  of  a  debt  A  gift  of  the  whole  of  a 
person's  property  comprises  no  more  than  the  pro- 
.  per^  after  the  donor^  debts  are  deducted.  Such 
a  gift  is  not  a  case  of  universal  succession,  and 
consequently  the  donee  is  not  immediately  liable 
for  the  debts  of  the  donor.  By  the  old  Roman  law 
a  mere  agreement  (pactum)  to  give  did  not  confer 
a  right  of  action  on  the  intended  donee.  In  order 
that  a  gift  should  be  valid,  it  was  required  to  be 
either  in  the  form  of  a  stipulatio,  or  to  be  made 
complete  at  once  by  the  delivery  of  the  thing. 
Gifts  also  were  limited  in  amount  by  the  lez  Cincia. 
The  legislation  of  Justinian  allowed  a  personal 
action  in  cases  of  a  mere  pactum  donationis,  where 
there  had  been  neither  delivery  of  the  thing  which 
was  made  a  gift,  nor  stipulatio.  (Cod.  8.  tit  54. 
s.  25,  29  ;  35.  §  5 ;  Inst  2.  tit  7.  §  2.)  Thus, 
the  promise  to  give  was  put  on  the  footing  of  a 
consensual  contract,  when  the  promise  related  to  a 
gift  of  less  than  500  solidi :  when  the  gift  was 
above  500  solidi,  a  certain  form  was  required,  as 
will  presently  be  ezplained,  and  the  form  was  re- 
quired whether  the  gift  was  perfiected  at  once  by 
txaditio,  or  was  only  a  promise  to  give. 

If  a  man  gave  something  to  another  for  the 
benefit  of  a  third  person,  the  third  person  could  sue 
him  to  whom  the  thmg  was  given.  (Cod.  8.  tit 
55.  s.  3.) 


DONATIO  MORTIS  CAUSA 

It  was  required  by  the  leffitlation  of  Jnstinii 
that  a  gift  which  was  in  value  man  thaa  500 1 
lidi,  must,  with  the  exceptioa  of  some  few  cat 
have  the  evidence  of  eettain  aoleomities  bdi 
official  penons  (insinuatio).  If  these  fermalit 
were  net  observed,  the  gift  waa  invalid  as  to 
the  amount  which  ezoeeded  the  500  anlidl  Sa 
fern  kinds  of  gifts,  which  exceeded  500  solidi,  in 
ezcepled  fimn  the  solemnitiea  of  insfamaiia 

If  then  a  gift  waa  not  perfected  at  once  by  i 
livery,  or  what  was  equivaknt  to  delivery,  t 
donee  might  sue  ez  stipulatn,  if  thcve  bad  ben 
stipulatio  ;  and  if  there  had  not,  he  might  see  1 
virtue  of  the  simple  agreement  (Cod.  &  tit  2 
De  Donationibus,  s.  35.  §  5.)  The  right  of  acti 
which  arises  from  the  promiae  to  give  is,  aceorda 
to  the  Roman  system,  the  real  ^  (Dig.  50.  t 
16.  a.  49) :  the  actual  giving  waa  the  payBcnt 
a  debt  Accordingly,  if  xhm  waa  a  pmaise  of 
gift  between  a  man  and  a  woman  before  the 
marriage,  the  payment  during  the  marriage  wm 
valid  act,  becmise  the  promiae  was  the  gif^  so 
the  payment  waa  not  the  gift  (Savigoy,  &fiU» 
Ac,  iv.  1 19.)  The  heredea  of  a  man  might  is 
pugn  the  validity  of  a  donatio  inofficioia  hj 
querela  inofBcioaae  donationis :  and  the  donor  ooaii 
revoke  his  gift  if  the  donee  was  guilty  of  gni 
ingratitude  towards  him,  as  for  instance^  of  o0rrn^ 
violence  to  his  person.  (Cod.  8.  tit  66.  &  10 
But  the  donor^  claim  was  only  in  personaza,  m 
he  could  not  recover  the  frnite  which  the  dwi 
had  enjoyed.  (Inst  2.  tit  7.  §  3 ;  Savigny,  S^ 
Umt^  &&,  vol.  iv.  §  142,&c.,  Sehemhtmsf;  Macket 
dey,  L^rbudk,  &&,  §  421,  ftc,  12th  ed. ;  Oftohs, 
BapUeatuM  HitiorUnie  dm  In$tiiwt$j  vol  L  p.  47*2, 
5th  ed.)  [0.L] 

DONATIO  MORTIS  CAUSA  There  ww. 
according  to  Julianas  (Dig.  39.  tit  6w  a  3X  t^ 
kinds  of  donatio  mortis  canaa :  —  1.  Whm  a  mao 
under  no  apprehension  of  present  danger,  botmored 
solely  by  a  consideration  of  mortality,  makci  •  gift 
to  another.  2.  When  a  man,  beiqg  in  inuBediri^ 
danger,  makes  a  gift  to  another  in  aseh  msDaei 
that  the  thing  immediately  becomes  the  propeftrd 
the  donee.  3.  When  a  man,  moved  by  the  c* 
aideration  of  danger,  gtvea  a  ilbang  in  snch  laanfli 
that  it  shall  become  the  property  ^^^ 
only  in  case  the  giver  dies.  Every  penon  codl 
receive  anch  a  gift  who  waa  o^ble  of  iMeiviii|l 
legacy. 

It  appears,  then,  that  there  were  levoal  M 
of  gift  called  donatio  mortia  caasa ;  bat  tke  tbii 
is  the  only  proper  one  ;  for  it  was  a  ^j^  "* 
that  a  donation  of  this  kind  was  netpeifected  nij 
leaa  death  followed,  and  it  waa  refoesble  b;  tM 
donor.  A  thing  given  abaolutely  ooaH  **™Jr" 
a  donatio  mortia  canaa,  for  thia  donatio  ^^^ 
dition  attached  to  it,  namely,  the  death  dm 
donor  and  the  aurvivorship  of  the  ddoea  iC<A 
pare  Dig.  39.  tit  6.  a.  1  and  35.)  AceordiigM 
donatio  mortia  canaa  has  been  definedio  be  I 
gift  which  a  man  mi^es  with  lefinw  _|^  "J 
event  of  his  death,  and  so  makes  that  the  niP^*" 
the  donee  either  commencea  with  the  death  of  tH 
donor  or  ia  in  auapenae  until  the  deaik**  1^ 
aembles  in  some  reapeeta  a  proper  donatio  er  Ft* 
in  others,  it  reaembka  a  legacy.  It  *»  ■ 
that  the  donatio  ahoold  be  aceeptad  I7  <»  f||^ 
and  conaeqaendy  then  most  be  tnaaoordeiiw^ 
or  a  proflRsr  ot  ofier,  which  is  assealM  to. 


y«i 


the  donatio  might  be  mamtained  as  i  ^'^^ 


DONATIO  PROPTER  NUPTIASw 
■anm  is  the  abtence  «£  thete  omrlitimMt  No 
penn  cBokl  BBka  a  donatio  mortu  onin,  who 
esoU  aai  flnke  a  tBotamcnt.  The  death  of  the 
toee  befin  the  death  of  the  donor  was  ipso  jun 
aieToeHioBflfthe  doaatia.  It  woaid  appear  ae  if 
the  kv  tboat  nch  donalione  vae  aot  frea  frun 
dilaiitj.  Tky  weie finally  leetiniliefd  to  hyciee 
^jJmimaat  neagh  thio  had  been  done  in  aomo 
pDtiailus  bdbre  £a  tina.  Still  they  differad  in 
urn  npedi  fron  kgaeiaa ;  for  inataBce,  aaeh  a 
(hsitiai  eonld  lake  efect  thoogh  there  waa  no 
ptaa  to  take  the  hcieditaa.  A  filina  &miliaa 
aiglit  wtA  hii  ftthcr^  eonaeat  make  a  donatio 
Bgrts  eaaM  of  his  Pacalinm  Piofectitiam. 

Tbe  Eb|^  law  of  danatimifa  mortia  eanoa  ia 
fintMted  by  Biaeton  (iL  c  26)  in  tha  veiy  worda 
a'  the  Dfgett  (S9l  tit  &  a.2;  &c;)  ;  and  the  pro- 
rat  kv  u  expoanded  by  Lord  Hardwicke  ( Ward 
r.  Toner,  2  Vaa.  4S1)  ;  bnt  what  he  there  atatea 
to  he  tb  Eagliah  law  ia  not  exactly  the  kw 
u  ittted  in  Bcacten.  Tha  roka  of  donationea 
north  cans  ia  En§^h  law  are  now  pretty  well 
&iei  bj  waiMB  noent  deciaiona  Tradition  or 
dditeij  a  coosidered  one  euential  of  aueh  a  gift, 
ad  tbe  death  of  the  donor  in  the  life  of  the  duiee 
kaotbereiKatiaL  The  gift  ia  not  an  aboolute 
giftf  bat  a  gift  made  in  contempfauion  of  death, 
aad  it  if  lerocaUe.  (Dig.  39.  tk.  6  ;  Cod.  8.  tit 
d7 ;  hot  ItiL  7  ;  SavigBT.  ^^wtan,  &c  iv.  276  ; 
2eMr^/§rCh$eL  RMktnpmuuekt^  jil  p.400, 
I'Ar  LSm^  4% -pr,;  Do  mor.  ca.  don. ;  Tbibant, 
.^9rieR,ftc.§4»&,&e.  dthed.)  [G.  L.J 

DONATIO  PROPTER  NU'PTIAS.    The 

mauDgaf  thk  term  ia  expbuned  in  the  Inatitn- 

tkaa  (1  tit  7.  f  3).     It  waa  originally  ealled 

Dontk  ante  anptiaai  becauae  it  oodd  not  take 

^  after  tbe  mairiage  ;  bat  when  it  waa  made 

^  to  iacnase  the  diMiatio  after  marriage,  and 

CTCB  to  oonititate  it  altogether  after  mairkge,  the 

Ba«  CQiBpehconTe  tenn  donatio  propter  nnptiaa 

«H«ed.    If  a  doa  had  been  given  by  the  wife, 

«  «  tbe  p«t  of  the  wiles,  and  the  huafaaad  by 

tile  tena  of  the  contract  waa  entitled  to  it,  or  to 

a  pstof  itia  case  of  the  wife^a  death,  it  waa  necea- 

BIT  tbat  the  husband,  or  some  person  on  the  part 

ettbebnbixuLiifaottld  give  or  aecure  something  to 

tbe  vik  wbkh  she  shoold  haTo  in  the  OTent  of 

tbe  babsadli  death :  thia  was  a  donatio  propter 

aapdsL   Jiistin>an*a  legialatton  required  that  the 

^taatio  most  be  equal  to  what  waa  secured  to  the 

laabsad  ia  case  of  the  wife'a  death,  aad  that  it 

Bactbe  ncreased  if  Ae  doa  was  increased  during 

^  mrkge.    The  hnaband  had  the  management 

^  tk  fnfotj  given  aa  donatia    Such  port  of  it 

*>  cMinited  of  thinga  immoveable  he  could  not 

iliaate  or  pMge  even  with  the  conaent  of  hia 

*i^  nbn  she  ratified  her  conaent  lifter  two  yeara. 

U  tbe  bosbsad  became  impoveriahed  during  the 

Banage,  tbo  wife  waa  entitJed  to  the  profita  of 

tltedaiatb  kr  her  support ;  and  it  waa  not  liable 

k  the  deaaads  of  the  creditora.    If  the  aaarriage 

«Mdia«)lTed  by  the  death  of  the  wife,  the  hna* 

«d  «M  eatitfed  to  the  donatio ;  mileaa  some 

wpenao,  who  had  made  the  donatm,  waa  en- 

^  to  bavo  it  by  the  terma  of  the  agreement 

If  tbe  hmbaad  died,  the  event  had  happened  with 

|^»M  to  vhkh  the  donatio  waa  made  ;  the  wife 

w  tbe  asasfructos  of  the  donatio,  and  the  pto- 

P^yrf  it  beloBgod  to  the  children  of  the  marriage 

"WW  veie  any :  if  there  were  no  children,  the 

«A  otrtsoed  by  the  death  of  the  huabaad  fuU 


DONATIVUM. 


436 


power  of  diapoaition  over  the  property  included  in 
the  donatio. 

The  opiniona  of  modem  jariata  an  much  divided 
aa  to  the  notiona,  pnrpoae,  and  law  of  the  donatio 
propter  nuptiaa.  The  term  donatio  propter  noptiaa 
la  uaed  by  Bncton  (il  c  39)  ;  and  the  bw,  aa 
there  atated,  ia  apparently  formed  upon  a  Raman 
originaL 

(Cod.5.tit3:Nov.22.c20;  97.c.l,2;  98. 
c  1,2;  Mackddey,  LehimeK  &&  §  52B,  12th 
ed. ;  Thibaut,  J^ftiem^  &c.  S  742,  9th  ed. ;  Orto- 
Ian,  .filapftoartoa  Uialonqmt  def  JwHhda^  Ac,  vol.  i. 
p.  479.)  [G.  L.] 

DONATIO'NES  INTER  VIRUM  ET 
UX(yR£M.  Daring  nmiriage  neither  huaband 
nor  wife  ooold,  aa  a  general  rale,  make  a  gift  of 
anything  to  one  another.  The  reaaon  for  thia  rale 
waa  aaid  to  bo  the  preaervation  of  the  mairiage 
relation  in  ita  parity,  as  an  agreenkont  subsisting  by 
affection,  and  not  maintained  by  purchnae  or  bj 
gift  from  one  party  to  the  other.  Donationea  af 
thia  kind  were,  however,  valid  when  there  were 
certain  oonaiderationa,  aa  mortia  causa,  divortii 
causa,  aerri  manamitt<mdi  gratia.  By  certain  im- 
perial ooaatitutiona,  a  wonaan  could  make  gifts  to 
her  haaband  in  order  to  qualify  him  fer  certain 
bononnt  Thk  waa  a  gift  ''ad  procesaua  viri** 
(Dig.  24.  tit  1.  a.  41  ;  Juv.  ^af.  L  39  ;  and  the 
note  of  Heinrich).  The  wife  had  the  meana  of 
doing  thia,  becauae  when  thete  waa  no  oonventio 
in  manum  (Qaiua,  ii.  98),  a  wife  retained  all  her 
righta  of  property  which  she  did  not  aumnder  on 
her  marriage  [Dos],  aad  ahe  might  during  the 
marriage  hold  property  quite  distinct  from  her 
husband.  It  was  a  consequence  of  thia  rule  as  to 
gifts  between  husband  and  wife,  that  every  legal 
form  by  which  the  gift  was  affected  to  be  tiansfiBrred, 
aa  maadpatio,  ceaaio,  and  traditio,  oooveyed  no 
ownership ;  stipolationea  were  not  bindii^,  and 
acceptilationea  were  no  releaae.  A  difficulty  might 
remain  aa  to  usucapion  ;  but  the  law  provided  fer 
this  alaok  If  a  woman  received  from  a  third  per- 
aon  the  property  of  her  huaband,  and  neither  the 
third  person  nor  she  nor  her  husband  knew  that 
it  waa  the  huaband^  property,  ahe  might  acquire 
the  ownerahip  by  uaucapion.  If  both  the  giver 
and  the  huaband  knew  at  the  time  of  the  gift 
that  it  waa  the  huaband^  property,  aad  the  wife 
did  not  know,  it  might  alao  become  her  property 
by  uaucapion  ;  bnt  not  if  abe  knew,  for  in  that  caae 
the  bona  fidea  which  was  essential  to  the  oommenoe- 
ment  of  poaaossion  waa  wanting.  If,  before  the 
ownerahip  waa  acquired  by  usucapion,  the  huaband 
aad  wife  diaoovered  that  it  waa  the  husband^s, 
thoogh  the  husband  did  not  choose  to  claim  it, 
there  was  no  oaacapion  ;  for  this  would  have  been 
a  mere  evasion  of  m  law.  If,  before  the  owner- 
ship waa  acquired  by  usucapion,  the  wife  alone 
discovered  that  it  was  the  husbands  property,  this 
would  not  deatroy  her  right  to  acquire  the  pro- 
perty by  uaucapion.  Thia,  at  least,  is  Savigny*s 
ingenioos  explanation  of  the  passage  in  Digest 
24.  tit  1.  a.  44.  The  strictness  of  the  bw  as  to 
these  donations  was  rehuced  in  the  time  of  Septimiua 
Severus,  and  they  were  made  valid  if  the  donor 
died  first,  and  did  not  revoke  his  gift  before  death. 
There  were  also  some  exceptions  aa  to  the  general 
role.  (Dig.  24.  tit  1  ;  Cod.  6.  tit  16  ;  Savigny, 
ZatBekrifty  &«•  >•  P-  270  ;  Mackeldey,  Lthrbueky 
Ac  §631,  12th  ed.)  [G.  L.] 

DONATI'VUM.    [CoNGiAWUM.! 
r  r  2 


486 


DOS. 


DORMITORIA.     [Domus.] 
DORODO'KIAS      ORAPHE      (9i0po9oKias 

ypa^),      [DECA8MU8.] 

DORON  (9iipoy\   a  palm  or  hand-breadth. 
DORON   GRAPHE  (9^^  ypo^)^     [Dx- 

CASJiUS.] 

DOROXE'NIAS  ORAPHE  (Zt^^pias 
ypobpH),    [Xbnias  Graphb.] 

DO'RPIA  (Wp«a).    [Apaturia.] 

DORPON  (piffwop).    [CoBNA,  p.  303,  b.] 

D0RU(8<fH.    [Habta.] 

DORY'PHORI  {h>fwt>6pot).   [Mbrcbnaril] 

DOS  {irpo%  ^prfi\  dowry.  1.  Grbbk.  Eu- 
ripides (Med,  236)  makes  Medeia  complain  that, 
independent  of  other  misfortunes  to  which  women 
were  subject,  they  were  obliged  to  buy  their  hus- 
bands by  great  sums  of  money  {xp^i"'''^^'^  Awtp- 
€6\ii).  On  this  the  Scholiast  remarks,  that  the 
poet  wrote  as  if  Medeia  had  been  his  contem- 
porary, and  not  a  character  of  the  heroic  ages,  in 
which  it  was  customary  for  the  hnsband  to  pur- 
chase his  wife  from  her  relations,  by  gifts  called 
cSwi  or  t*9va.  The  same  practice  prevailed  in 
the  East  during  the  patriarchal  ages  (GeneM.  xxziv. 
2),  and  Tacitus  {Cfertn.  c.  18)  says  of  the  ancient 
Germans,  ^  Dotem  non  uxor  marito,  sed  uxori 
maritus  offert.**  The  custom  of  the  heroic  times 
is  illustrated  by  many  passages  in  Homer.  Thus, 
we  read  of  the  Avspctmo,  and  ftvpla  i9va,  or  many 
gifts  by  which  wives  were  purchased.  (IL  xvi. 
178,  190.)  In  another  place  {IL  xi.  243)  we  are 
told  of  a  himdred  oxen,  and  a  thousand  sheep  and 
goats,  having  been  given  by  a  Thracian  hero  to 
his  maternal  grandfiither,  whose  daughter  he  was 
about  to  marry.  Moreover,  the  poetical  epithet, 
ii\^ai€oiat  (Heyne,  ad  IL  xviil  593),  applied 
to  females,  is  supposed  to  have  had  its  origin  in 
the  presents  of  this  sort,  which  were  made  to  a 
woman's  relatives  on  her  marriage.  These  nuptial 
gifts,  however,  or  equivalents  fbr  them  were  re- 
turned to  the  hnsband  in  the  event  of  the  commis- 
sion of  adulteiy  by  the  wife,  and  perhi^  in  other 
cases.    {Od,  viiL  318.) 

We  must  not  infer  from  the  above  facts  that  it 
was  not  usual  in  those  times  for  relations  to  give 
a  portion  with  a  woman  when  she  married.  On 
the  contrary,  mention  is  made  {IL  ix.  147)  of 
the  /uclAia  or  marriage  gifts  which  men  gave  with 
their  daughters  (mSoMcoy),  and  we  are  (old  by 
Aeschines  (Ilepl  UofoHp^ff,  33),  of  one  of  the  sons 
of  Theseus  having  received  a  territory  near  Am* 
phipolis  as  a  ^^  or  dower  with  his  wife.  More- 
over, both  Andromache  and  Penelope  are  spoken 
of  as  iXoxot  «-o\v9»poi  {IL  vi.  394,  Od,  xxiv. 
294),  or  wives  who  brought  to  their  husbands 
many  gifts,  which  probably  would  have  been  re- 
tnnied  to  their  relations,  in  case  of  a  capridons 
4isroissal.    (Oi.  ii.  132.) 

The  Doric  term  for  a  portion  was  Ssrrlint,  and 
MOller  {Dor,  iii.  10)  observes*  that  we  know  for 
certainty  that  daughters  in  Sparta  had  originally 
no  dower,  but  were  married  with  a  gift  of  clothes 
only ;  afterwards  they  were  at  least  provided  with 
money,  and  other  personal  property  (Plut  Xjra 
30):  but  in  the  time  of  Aristotle  {PoUL  iL  6. 
§  10),  so  great  were  the  dowers  given  {Zik  rh 
wpotKos  BiS^yat  firydKeu),  and  so  large  the  number 
of  hrlK\rip<H^  or  female  representatives  of  femilies 
(oTkoi),  that  neariy  two  fifths  of  the  whole  terri- 
tory of  Sparta  had  come  into  the  possession  of 


DOS. 

females.  The  regnlatiaDs  of  Solon  were,  soorL 
ing  to  Plutarch,  somewhat  similar  in  respect  of 
dower  to  the  old  regulations  at  Sputa:  for  the 
Athenian  legislator,  as  he  tells  us,  did  not  sUov a 
woman,  unless  she  were  an  MKKaiipos,  to  hsTej 
any  ^prfi  or  dower,  except  a  few  dothes  sad 
articles  of  household  fumitore.  It  is  pbim,  hor- 
ever,  that  such  an  interference  with  pnvate  rigbti 
could  not  be  permanent ;  and,  aoooidingly,  ve  find 
that  in  after  times  the  dowers  of  women  formed, 
according  to  the  account  in  Bddch  {Pub.  Beam.  ^ 
AthetUf  p.  514,  2nd  ed.),  a  constderable  part  k 
the  moveable  property  of  tbe  state:  ''even  vith 
poor  people  they  varied  in  amount  from  ten  to  a 
nundnd  and  twenty  minaa  The  dangbter  ofi 
Hipponicns  received  ten  talents  at  her  mani^ge, 
and  ten  others  were  promised  her.**  This,  how- 
ever,  was  a  very  large  portion,  for  Demoitbenei 
(e.  i^q^k  p.  1112.  19,  and  p.  1124.  2)  infoansm 
that  even  five  talents  was  more  than  was  oaoallr 
given  ;  and  Ludan  {Dial.  Merd.  7.  p.  298,  ed. 
Reitz)  also  speaks  of  the  same  sum  as  a  iaige 
dowry.  The  daughters  of  Aristeides  received  bm 
the  state,  as  a  portion,  only  thirty  minae  eack 
(Plut  Arist,  27  ;  Aescfa.  c.  Clea.  pi  90.)  We  nar 
observe  too,  that  one  of  the  chief  distindioiii  be< 
tween  a  wife  and  a  waAAaic4«  consisted  in  the 
former  having  a  portion,  whereas  the  latter  liai 
not ;  hence,  peraons  who  married  wives  without 
portiona  appear  to  have  given  them  er  their  pat- 
dians  an  6fu>Koyia  irpouc6c  (Isaena,  Ik  Py. 
Hered.  p.  41),  or  acknowledgment  in  writing  by 
which  the  receipt  of  a  portion  was  admitted. 
[CoNCVBiNA.]  Moreover,  poor  heizesiei  (rif 
ivuc}Jipvy  ifftti  dnruchf  r^Xovow)  were  eithtf 
married  or  portioned  by  their  next  of  kin  [Ai- 
chon],  according  to  a  law  which  fixed  the 
amount  of  portion  to  be  given  at  five  minse  by  a 
Pentacoaiomedimnns,  three  by  a  UorKmaa,  and 
one  and  a  half  by  a  Zengitea.  (Dcm.  &  JVooir. 
p.  106&)  In  illttstiation  of  this  law,  snd  the 
amoont  of  portion,  the  reader  is  refinxed  to 
Terence,  who  says  {Phorm,  iL  1.  75), 

**  Lex  est  nt  orbae,  qui  sint  genere  proximi 
lis  nubant:" 
and  again  (ii  2.  62), 

**  Itidem  ut  cogmita  si  sit,  id  quod  lex  jabet, 
Dotem  dare,  abduce  banc :  minas  quinque  sccipe." 
It  remains  to  state  some  of  the  conditioiit  snd 
oblintions  attached  to  the  receipt  of  a  portion,  or 
rpo^,  in  the  time  of  the  Athenian  oiaton.  The 
most  important  of  theae  was  the  obligation  nndir 
which  tne  husband  lay  to  gire  a  secority  for  it, 
either  by  way  of  settlement  on  the  wife,  or  u  a 
provision  for  repayment  in  case  drcnntftsocei 
should  arise  to  require  it.  With  regard  to  tbii, 
we  are  told  that  whenever  relatives  or  giianiisi« 
gave  a  woman  a  portion  on  her  marriage,  they 
took  from  the  husband,  by  way  of  security,  wot- 
thing  equivalent  to  it,  as  a  house  or  piece  of  isnd. 
The  person  who  gave  this  equivalent  (rb  iro- 
rifititui,)  was  said  iatort/tOMi  the  permi  who  re* 
ceived  it  irori/uotrtfcM.  (Harpocrat.  a  a  ;  D^ 
o.  Onet,  p.  866.)  The  word  &inrr(^wi«  isalw  u*rd 
generally  for  a  aecurity.  (PoUux,  riil  142.)  The 
neceasity  for  this  security  will  appear  from  the 
(9Ci  that  the  portion  was  not  considered  the  pro- 
perty of  the  husband  himselC;  but  rather  of  hu 
vife  and  children.    Thus,  if  a  husband  died,  and 


DOS. 
the  wife  left  the  fiuily  (Ar Awe  rhw  alktr),  tlie 
Bs^t  daim  her  portioii,  even  though  chiidmi  had 
been  ban  (I>eBi.  BoeoL  de  DoL  p.  1010) ;  and  in 
tbe  ereat  of  a  wife  dying  without  ianie,  her  por- 
tiGa  RTCfted  to  the  relatiTea  who  had  giTen  h^  in 
OBiriage  (•?  c^pcoc)  and  portioned  her.  (laaena, 
De  Onm.  HermL  p.  «9,  iEM  Pyr,  Htnd.  p.  41.) 
The  poitian  was  alao  vetomed,  if  a  hnshuid  put 
vnj  his  wife,  and  in  Kne  casee,  pinhably  wtded 
W  law,  when  a  woman  left  hc^  husband.  {Db 
ly.  fferuL  p.  45.)  That  after  the  death  of 
tbe  wife,  her  porti«i  belonged  to  her  children, 
if  ifae  had  left  any,  may  be  infeired  from  De- 
BoedMaea  (e,  Boeoi,  <U  DoL  pp.  1023,  1026)  ; 
if  tbey  were  imDorB,  the  interest  was  set  apart 
fx  their  edncatian  and  maintenance.  When  the 
bisband  died  belbve  the  wife,  and  she  remained 
m  the  fesiily  (/uyw^cnfs  iw  t^  oCcy),  the  faiw  ap- 
p^an  to  have  given  her  portion  to  her  sons,  if  of 
ag^  Milijcct,  however,  to  an  allowance  far  her 
namtfiBurf.  (Id.  e,  Pham,  pu  1047.)  If  the 
rpprneatativea  of  the  deceased  husband  (o2  r^ 
KX%ar  Ix^^i^O  wrongftilly  withheld  her  portion 
fraoi  his  widow,  her  guardians  could  bring  an  ae- 
tiflo  against  them  for  it,  as  well  as  for  alimony 
{J&K^  -KpouAi  Kal  o-tTov).  (Isaena,  De  Pyr,  HermL 
f  45 ;  Hudtwakker,  DiaeL  note  84.)  More- 
orer,  if  a  husband  after  dismissing  his  wife  re- 
faied  to  retnm  her  portion,  he  might  be  sued  for 


DOS. 


437 


it  aa  well  as  the  principal:  the 
Snoer  woold,  of  oouie,  be  reckoned  from  the 
^T  of  dismisaal,  and  the  rate  was  fixed  by  law  at 
aiae  oboti  fcr  erety  mina,  or  about  18  per  cent 
Tbe  guardians  were  further  authorised  by  the 
nme  law  to  bring  an  action  for  alimony  in  the 
fii^eSar.  (Dem.  «.  Neaer,  p.  1362.)  We  may 
add  tbat  a  3ljn|  wpouc^T,  was  one  of  the  tfitupw 
S^  or  suits  that  might  be  tried  eveiy  month. 
(Pollia,  TiiL  63,  101.)  [B.  W.] 

2.  Roman.     Dos  (ret  tuoria)  is  ereiy  thmg 

vhieh  on  the  occasion  of  a  woman^  marriage 

vat  taaslaTed  by  her,  or  by  another  person, 

to  the  husband,  or  to  the  husbands  father  (if 

the  hoifaaad  was  in  his  fether^s  power),  for  the 

purpose  of  enabling  the  husband  to  sustain  the 

duu^  of  the  mairiage  state  (0110m  inatrimomi). 

All  Uie  |«upeitj  of  the  wife  which  was  not  made 

dBi,  «r  was  not  a  donatio  propter  nnptias,  oon< 

^Bued  to  be  her  own,  and  was  comprised  under 

the  aame  6i  Purapkeiva.  The  dos  upon  its  deliveiy 

l^esme  the  husbands  property,  and  continued  to 

be  his  so  long  as  the  marriage  rehition  existed. 

M  things  thSt  eould  be  objects  of  property,  and 

in  &ct  anything  by  whidi  the  substance  of  the 

hnsband  could  be  increased,  m%ht  be  the  objects 

of  dfM.    An  a  woman^  property  might  be  made  a 

4<>o ;  but  the  whole  property  was  only  what  re- 

naiDed  after  deducting  the  debts.    There  was  no 

nniTenal  saceesaion  in  such  a  case,  and  consequently 

the  husband  was  not  personally  answerable  for  the 

vifeli  debts.    Any  person  who  had  a  legal  power 

to  dispose  of  his  pwpeity  eould  gire  the  dos  ;  but 

the  dos  was  divided  into  two  kinds,  dos  profectitia 

and  dos  adventitia,  a  diYision  which  had  reference 

to  the  demand  of  the  dos  after  the  purposes  were 

satisfied  fiir  which  it  was  giren.    That  dos  is  pro- 

fectitia  which  was  given  by  the  fiither  or  fiither^ 

Either  of  the  bride ;  and  it  is  profectltia,  eren  if 

the  dsighter  was  emancipated,  pcoTided  the  fiither 

pyt  it  as  such  («!  patau),    AJl  other  dos  is  ad- 

ventitia.    The  dos  reeeptitit  was  a  species  of  dos 


adTcntitu,  and  was  that  which  was  given  by  some 
other  person  than  the  fiither  or  fiither's  fisther,  on 
the  considemtion  of  mairiage,  but  on  the  condition 
that  it  should  be  restored  on  the  death  of  the  wife. 
The  giving  of  the  dos  depended  on  the  will  of  the 
ffiver  ;  but  certam  persons,  such  as  a  fiither  and 
tather"!  fiither,  were  bound  to  give  a  dos  with  a 
woman  when  she  mairied,  and  in  proportion  to 
their  means.  The  dos  might  be  either  given  at 
the  time  of  the  marriage,  or  there  might  be  an 
agreement  to  give.  The  technical  words  appli- 
cable to  the  dos  were  clors,  dieere^  promittere. 
Any  person,  who  was  competent  to  dispose  of  his 
property,  was  competent  dare,  prrmitiere.  The 
word  dioere  was  applied  to  the  woman  who  was 
goiag  to  many,  who  oouM  promise  her  nroperty  as 
doe,  but  the  promise  was  not  binding  unless  certain 
legal  forms  were  observed  (mm  deberi  viro  dotem, 
qmam  mdto  oaetors  dixiaeet^  Cic  Pro  Owcm.  c.  25, 
compare  Pro  Flaoto,  c  34,  35,  and  Ulpu  Frag,  xi. 
20).  An  example  of  a  promissio  dotis  occurs  in 
Phmtus  (TVaniM.  v.  2).  The  husband  had  a  right 
to  the  sde  mammfement  of  the  dos,  and  to  the 
fruits  of  it ;  in  fi^  he  exercised  over  it  all  the 
rights  of  ownership,  with  the  exception  hereafter 
mentioned.  He  could  dispose  of  such  parts  of  the 
dos  as  consisted  of  things  movable  ;  but  the  Julia 
lex  {de  adutterm)  prevented  him  from  alienating 
such  part  of  the  dos  as  was  land  (/imdmt  dotaUs, 
dotaUa  praedkt,  Cic  ad  AU.  xv.  20  ;  dOaiee 
agrif  Hor.  Ep,  i.  I.  21)  without  his  wifel  con- 
sent, or  pledgfaig  it  with  her  consent.  (Gains,  ii. 
63 ;  Inst  iL  8.)  The  legislation  of  Justinian  pre- 
vented him  from  selling  it  also  even  with  the  wife^s 
consent,  and  it  extended  the  law  to  provincial  lands. 
Still  there  were  some  eases  in  which  the  land  given 
as  dos  could  be  alienated. 

The  husband's  right  to  the  dos  ceased  with  the 
marriage.  If  the  marriage  was  dissolved  by  the 
death  of  the  wife,  her  fiuher  or  fiither*s  father  (as 
the  case  might  be)  was  intitled  to  recover  the  dos 
profectitia,  unless  it  had  been  agreed  that  in  such 
case  the  dos  should  belong  to  the  husband.  The 
dos  adventitia  became  the  property  of  the  wife^s 
heirs  (Cod.  5.  tit  18.  §  6),  imless  the  person  who 
gave  it  had  stipulated  that  it  should  be  returned 
to  him  {doe  fecefHtia) ;  as  to  the  older  law,  see 
Ulpian,  Frag,  vi  5. 

In  the  case  of  divorce,  the  woman,  if  she  was 
sni  juris,  eould  bring  an  action  for  the  restitution  of 
the  dos ;  if  she  was  in  the  power  of  her  fiither,  he 
brought  the  action  jointly  with  his  daughter. 
The  dos  could  be  claimed  immediately  upon  the 
dissolution  of  the  marriage,  except  it  consisted  of 
things  quae  numero^  &c.,  for  which  time  was 
allowed.  (Ulp.  Frag*  vL  8 :  but  compare  Cod. 
7.  tit  13.  §  7.)     [DivoRTiUM.] 

The  dos  could  not  be  restored  durin^^  the  mar- 
riage, but  in  the  case  of  the  husband's  insolvency, 
the  wife  could  demand  back  her  dos  during  the 
marriage.  In  certain  cases,  also,  the  husband  was 
permitted  to  restore  the  dos  during  the  marriage, 
and  such  restomtion  was  a  good  I^al  acquittance 
to  him :  these  excepted  cases  were  either  cases  of 
necessity,  as  the  payment  of  the  wife'!  debts,  or 
the  sustentation  of  near  kinsfolks.  {ZeUachrift,  dec. 
V.  p.  811,  essay  by  Hasse.) 

What  should  be  returned  as  dos,  depended  on 

the  fiict  of  what  was  given  as  dos.     If  the  things 

given  were  ready  money  {doe  nwmerata,  Cic  Pro 

Oaeema,  c.  4),  or  things  estimated  by  quantity,  &c., 

F  p  3 


438 


DRACHMA. 


the  husband  mcut  return  the  like  sum  or  the  like 
qoantitj.  If  the  things,  whether  movable  or  im- 
movable,  were  valued  when  they  were  given  to  the 
husband  {dot  aatinuUa),  this  was  a  species  of  sale, 
and  at  the  end  of  the  nuuriage  the  husband  must 
restore  the  things  or  their  value.  If  the  things 
were  not  valued,  he  must  restore  the  specific  things, 
and  he  must  make  good  all  loss  or  deterioration 
which  had  happened  to  them  except  by  accident 
But  the  husband  was  intitled  to  be  reimbursed  for 
all  necessary  expences  {impeiuae  meoeawarias)  ;  as, 
for  instance,  necessary  repairs  of  houses  incurred 
by  him  in  respect  of  his  wife's  property,  and  also 
for  all  outlays  by  which  he  had  improved  the  pro- 
perty (im/MMOtf  vtiUt). 

The  husband's  heirs,  if  he  were  dead,  were 
bound  to  restore  the  dos.  The  wife's  lather,  or  the 
surviving  wife,  might  demand  it  by  an  actio  ex 
stipulata  de  dote  reddendo,  which  was  an  actio 
stricti  juris,  if  there  was  any  agreement  on  the 
subject ;  and  by  an  actio  rei  uxoriae  or  dotis, 
which  was  an  actio  bonae  fidei,  when  there  was 
no  agreement.  A  third  person  who  had  given  the 
dos  must  always  demand  it  ex  stipnlatu,  when  he 
had  baiigained  for  its  restoration.  Justinian 
enacted,  that  the  action  should  always  be  ex 
stipulatu,  even  when  there  was  no  contract,  and 
should  be  an  actio  bonae  fidel 

The  wife  had  no  security  for  her  dos,  except 
in  the  case  of  the  fundus  dotalis,  unless  she  had 
by  contract  a  special  security  ;  but  she  had  some 
privileges  as  compared  with  the  husband's  cre- 
ditors. Justinian  enacted  that  on  the  dissolu- 
tion of  the  marriage,  the  wife's  ownership  should 
revive,  with  all  the  legal  remedies  for  recover- 
ing such  parts  of  the  dos  as  still  existed  ;  that 
all  the  husband's  property  should  be  considered 
legally  pledged  {taeiia  kjfpatkeca)  as  a  security 
fi>r  the  dos ;  and  that  the  wife,  but  she  alone, 
should  have  a  priority  of  claim  on  such  property 
over  all  other  creditors  to  whom  the  same  might 
be  pledged. 

The  dos  was  a  matter  of  great  importance  in 
Roman  law,  both  because  it  was  an  ingredient  in 
almost  every  marriage,  and  was  sometimes  of  a 
large  amount  The  frequency  of  divorces  also 
gave  rise  to  many  legal  questions  as  to  dos.  A 
woman  whose  dos  vras  laige  (dotata  tucor)  had 
some  influence  over  her  husband,  inasmuch  as  she 
had  the  power  of  divoreing  herself,  and  thus  of 
depriving  him  of  the  enjoyment  of  her  property. 
The  allusions  to  the  dos  and  its  restitution  are 
numerous  in  the  Roman  writers.  (Cic  ad  AH* 
xiv.  13.) 

It  is  a  disputed  point  whether  there  could  be 
dos,  properly  so  called,  in  the  case  of  a  marriage 
with  conventio  in  manum.  [Matrimonium.] 
(Hasse,  Rhem,  Mum.  ii.  76.) 

The  name  by  which  the  Greek  writers  designate 
the  Roman  dos  is  ptpi^  (Plutarch,  Caesar,  c  1, 
Marhu^  c.  38,  CSoero^  c.  8). 

(Ulp.  Frag,  vl  ;  Dig.  23.  tit  3  ;  Cod.  5.  tit  12  ; 
Thibaut,  SytUm^  &c.,  §  728  &&,  9th  ed.,  §  747, 
&c  ;  Mackeldey,  Ltkrbuoky  &c,  §  51 7>  &c,  12th 
ed.)  [G.L.] 

DOULOS  (}0V\0S).      [8BRVt78.] 

DRACHMA  (8^x/^X  the  principal  silver 
coin  among  the  Qreisks.  Like  all  other  denomi- 
nations of  money,  the  word  SpaxM^  (sometimes 
written  Bparyfili)  no  doubt  signified  originally  a 
weight  I  and  it  continued  to  be  used  in  tlus 


DRACHMA. 

as  one  of  the  subdivisions  of  the  talent,  of  whicl 
it  was  the  60(KHh  part  {Talmktum.}  Th 
original  meaning  of  the  word  is  a  hamdfmL  Tb 
two  chief  standards  in  the  currencies  of  the  Oreel 
states  were  the  Attic  and  Aeginetan.  We  shftE 
therefore  first  speak  of  the  Attic  dradmn,  aini 
afterwards  of  the  Aeginetan. 

The  average  weight  of  the  Attic  diB^nsa  from 
the  time  of  Solon  to  that  of  Alexander  was  66*5 
grains.  It  contained  about  ^h  of  tbe  weight 
alloy ;  and  hence  there  remain  65*4  grams  to  be 
valued.  Each  of  our  shillings  containa  80*7  grains 
of  pure  silver.     The  dracluna  is  therefece  worth 

-1—  of  a  shilling,  or  972  pence,  which  may  be 
oO*7 

called  9|<f.  (Hussey,  Andad  Wei^dM  and  Momey^ 
pp.  47,  48.)  After  Alexander's  time,  there  was  a 
slight  decrease  in  the  weight  of  the  drachma  ;  till 
in  course  of  time  it  only  weighed  63  graina.  Tht 
drachma  contained  lix  obols  (ofoXcu)  ;  and  the 
Athenians  had  separate  silver  coins,  from  fbur 
drachmae  to  a  quarter  of  an  oboL  Among  those 
now  preserved,  the  tetradrachm  is  commonly 
found  ;  but  we  possess  no  specimens  of  the  tri- 
drachm,  and  only  a  few  of  the  didrachm.  Sped- 
mens  of  the  tetrobolus,  triobolus,  dioboloa,  thrve- 
quarter-obol,  half-obol,  and  qnarter-obol,  are  still 
found.  For  the  respective  Talucs  of  these  ooinsv 
see  the  Tables. 

The  tetradrachm  in  later  times  was  called  stater 
(Phot  t.  V.  "Xrarfip  ;  Hesych.  «.  e.  TKaofttts  Aau- 
pmrtKtu  :  Matth.  xxvii.  27) ;  but  it  has  bera 
doubted  whether  it  bore  that  name  in  the  flomuh- 
ing  times  of  the  republic.  (Hussey,  Ibid,  pi  49.) 
We  know  that  slater^  in  writers  of  that  age, 
usually  signifies  a  gold  coin,  equal  in  value  to 
twenty  drachmae  [Stater]  ;  but  there  appear 
strong  reasons  for  believmg  that  the  tetiadraclun, 
even  in  the  age  of  Thucydides  and  Xenopbon,  was 
sometimes  caUed  by  this  name.  (Thnc^id.  ixi.  70, 
with  Arnold's  note  ;  Xen.  Hm,  v.  2.  §  22.)  The 
obolos,  in  later  times,  was  of  bronze  (Lndan, 
(hntempl.  1 1.  vol.  i  p.  504,  ed.  Reix)  ;  but  in  tbe 
best  times  of  Athens  we  only  read  of  silver  oboU, 
The  xo^ovs  was  a  copper  com,  and  Uie  eigbth 
part  of  an  oboL     [Cualcus.] 


BRmSH    MUSBUM. 


ATHBNIAN   DRACHMA. 
ACTUAL 


The  Aeginetan  standard  appears  to  have  been 
used  in  Greece  in  very  eariy  tiroes.  Aceordiag  to 
most  ancient  writers,  money  was  first  coined  at 
Aegina  by  order  of  Pheidon  of  Arsos  ;  and  tbe 
Aeginetan  standard  was  used  in  aLnoat  sll  tlie 
states  of  the  Peloponnesuc,  in  Boeotia  aod  is  mbm 
other  parts  of  northern  Greece,  thoogh  tiis  Attic 
standard  prevailed  most  in  the  maiitiBe  and  com- 
mereial  states. 

The  average  weight  of  the  Aeginelaa  dneboa, 
calcuhited  by  Mr.  Hussey  (pp.  59,  60)  fiwn  tbs 
c<nns  of  Aegiaa  and  Boeotia,  wai  96  gnina   It 


ItlM 

win 


DUODECIK  TABULARUM  L£X. 

cs9!iiiit  thmi  ^^ad  part  of  the  weight  alloj. 
Heoot  its  iralne  ia  93  gcaint  of  pare  ailTer,  or,  m 

bffffe,-fi   of  a  ehOEng;  that  &s  1«.  Id.  3-2 

fathngn   The  lugeei  coin  ef  the  A< 
^nd  appean  to  have  been  the  di^ 
lahes  of  the  diffeicDt  eoint  of  thio 
teteadiatheTafaUiL 

The  prapoctioa  of  the  Aeginetan  dnchna  to  the 
Attie»  tonr&ig  te  the  ^rnhie  given  ahove,  ia  ae  93 
t»  65*4,  «  as  4'16  to  S  bohIj.  Accotdiag  to 
Pofin,  however,  the  peportaon  waa5  to  3 ;  ibr  he 
tiatea  (tL  76,  86)  that  the  Aeginetan  diaduaa 
vai  eqoal  to  10  Attie  oboh,  and  that  the  Acgine- 
ta  tiket  eantaiiicd  10,000  Attic  diaehmae.  For 
aM  ifticiiaainB  of  this  iioeatkniy  which  ia  one  of 
tbeaoct  iiMareatiog  in  aament  nomianiatiea,  and 
af  the  wyctive  valnea  of  the  other  atandarda 
mVA  vrece  uaed  by  the  Gieeka,  tee  NoMMua 
uATalmhtuu. 


BCCLESIA. 


439 


lIGUmAir  DBACHM A.     BBITI8H   MVaBVJf. 
ACTUAI.   SUM, 

Ai  tke  Ramaoa  leckoned  in  aeateroea,  so  the 
Gndu  genenUy  teckoned  hy  drachaiae;  and 
vhea  a  HUB  ia  mentioned  in  the  Attic  writeia, 
viihoct  ay  apcdfication  of  the  unit,  drachmae  are 
iR^jnciaL  (BSckh,  iV.  Eeom.  ^Jlfteaa,  i 
pi  25.) 

DRACO.     [SlQNA  MUUTAJUA.] 

DICENA'RII,  the  name  of  Tariou  officers 
oi  nagutntea,  in  the  imperial  period,  of  whom 
tbe  priaapol  were  aa  follow :  — 

1.  The  imperial  procuiatoieay  who  received  a 
alaiy  of  200  aeatertia.  Dion  Caaaiua  (liii.  15) 
BTt  that  the  pncoratores  firat  received  a  aalaiy 
ia  tk  tine  of  Angostus,  and  that  they  derived 
their  thle  fhna  the  amount  of  their  salary.  We 
t^  nad  of  centenarii,  &&,  as  well  as  of  dace- 
uiii.  (Ste  Capitolin.  /"ertia.  2  ;  Orelli,  /asertjn 
No.  946.)  Qaadiua  granted  to  the  procuratorea 
docaaoi  the  conaiUar  ornaments.    (Soet  Ooac^. 

2.  A  daai  or  decuria  of  jadicea,  first  established 
bjr  Aapatiis.  They  were  ao  called  becauae  their 
^Rfcny,  u  ^ued  in  the  census,  only  amounted 
to  200  leatertia,  and  they  tried  cauaes  of  amall 
iBpoitanee.  (SoeU  ^^  32.) 

^  Officen  who  commanded  two  oentnriea,  and 
vh>  hdd  the  tame  rank  as  the  primi  hastati  in 
w aBoeat  legion.  (Veget.  iL  8;  Orelli,  Iiuerip. 

i.  The  imperial  hoosehcM  troops^  who  were 
ndn  the  snthority  of  the  maguter  qfidormm. 
iWy  ua  frcipttBtly  mentioned  amoqg  the  t^aU» 
•"Swiihen.  (Cod.  1.  tit  31  ;  12.  tit,  20.) 

DUCENTB'SIMA    [CnNT«iMA.l 

DUELLA.    [Uncia.] 

JULCIA'RII.    [PiBTom.] 

DUODKCIM  SCRIPTA    [Latkuncull] 

BUODECIMTABULARUMLEX.  [Lax.] 


BUPLARII  or  DUPLICARII,  were  sol- 
diers  who  received  en  account  of  their  good 
conduct  double  allowance  (rfiyfetg  cibana\  and 
perhaps  in  some  cases  douUe  pay  likewise.  (Varra, 
IM  iM^  LaL  V.  90,  MUller ;  Liv.  ii.  59,  zxiv.  47 ; 
Orelli,  iasoryi.  No.  3533.)  They  an  frequently 
mentioned  in  inscriptions  (OraUi,  Nos.  353i^ 
4994),  but  more  commonly  under  the  name  of 
duplariL  (OreUi,  Nos.  3531,  3535,  3476,  3481, 
&C.)  In  one  inscription  the  form  duplicarius  oc- 
cure.  (OreUi,  No.  3534.)  Vegetius  (ii.  7)  calls 
them  dta)Uire$  iwiYiYfi. 

DUPLICA'TIO.    [Actio.] 

DUPONDIUS.    [As,  p.  141,  a ;  Pbs.] 

DUSSIS.    [As.  p.  141,  a.] 

DUU'MVIRI,  or  the  two  men,  the  name  of 
varioua  magistrates  and  functionaries  at  Rome,  and 
in  the  coloniae  and  municipia.  In  inscriptions  we 
also  meet  with  the  form  dmomcim  (Orelli,  Jtuer^ 
No.  3808X  and  dmaoir  (Orelli,  No.  3886). 

1.  Duujfviu  Juu  DicuNDO,  the  highest 
magistrates  in  the  municipal  towns.  [Cox.ONtA, 
p.  318.) 

2.  DucjifViBi  Navalss,  eztraocdinary  magis- 
trates, who  were  created,  whenever  occasion  re- 

r'red,  for  the  puipoae  of  equipping  and  repairing 
fleet  They  i4>pear  to  have  been  originally 
appointed  by  the  consuls  and  dictators,  but  were 
first  elected  by  the  people,  b.  c.  311.  (Ut.  iz.  30, 
zL  18,  26,  zli.  1.) 

3.  DuUlfVIJU  PSB1KJBI.L10NX8.  [PSBOUKL- 
LIO.] 

4.  DuvMviRi  QuxNQUBNKALM,  the  oonsore 
in  the  municipal  towns,  who  must  not  be  con- 
founded with  the  duumviri  juri  dicundo.  [Co* 
LONIA,  p.  318.] 

5.  Duuifvuu  Sacm,  extraordinary  magistrntes, 
like  the  duumviri  Navales,  iqipomted  for  the  pur« 
pose  of  building  or  dedicating  a  temple.  (Li v.  viL 
28,  zzil  33,  XXXV.  41.) 

6.  DuuMViiu  SACBonuif,  originally  had  the 
charge  of  the  Sibylline  books.  Their  duties  were 
afterwards  dischaiged  by  the  deoemetri  soeria 
/aciuudis.     [Dncsif  viRi,  No.  3.] 

7.  DUUMVXKI  VUS    XXTBA    URBBM   PURGAN- 

oia,  were  officers  under  the  aediles,  who  had  the 
charge  of  the  streets  of  the  suburbs  of  Rome,  out- 
side the  city  gates.  (Tabul  HeracL  l  50,  ed. 
Gottling.)  Their  office  appears  to  have  been 
abolished  by  AngusUia,  and  their  dutiea  devolved 
upon  the  QuatiuorvirL  (Comp.  Dion  Cass*  liv.  26 ; 
Pompon.  IM  Orig.  Jur,  $  30 ;  Becker,  Homitek 
AUertk,  vol.  ii.  part  ii  p.  366.) 
DUX.  >[Provkncia.] 


£L 


ECCLE'SIA  (^JCKXn^ia),  the  general  assembly 
of  the  citisens  at  Athens,  in  which  they  met  to 
discuss  and  determine  upon  matten  of  public  in* 
tereat  Theae  aaaembliea  were  either  ordinary^ 
and  held  four  timea  in  each  prytany,  or  esira- 
ordmarp^  that  ia^  specially  convened,  upon  any  sud- 
den emeigency,  and  therefore  called  ir6yic\irroi. 
On  occasions  of  extreme  importance^  when  it  was 
desinble  for  as  many  persons  as  possible  to  be  pre- 
sent at  the  diacuaaion  of  any  question,  the  people 
were  summoned  by  express  from  the  country  to 
the  dty,  and  then  the  assembly  was  called  a 
KOfroKhrialaf  the  proper  meaning  of  KOTOJcaAfiJ* 
PP  4 


<I40 


ECCLESIA. 


being  to  call  from  the  country  into  tlie  dty.  The 
ordinary  asaemblies  were  called  y6/ufioi  or  K^ptai, 
according  to  the  Scholiast  on  Aristophanes  (Achar, 
19),  who,  moreover,  informs  ns  that  there  were 
three  snch  in  «very  numtk.  Bat  according  to  the 
best-informed  fframmarians  who  followed  Aristotle, 
the  name  levput  was  appropriated  to  the  firai  only 
of  the  reffular  assemblies  of  each  prrtany.  Such, 
at  least,  is  the  account  given  by  Poiiaz  (viii.  96) 
and  Harpocration,  the  former  of  whom  asserts  that 
the  third  of  the  regular  assemblies  in  each  prytany 
was  partly  devoted  to  the  reception  of  ambassadors 
from  foreign  states. 

Aristophanes,  however,  in  the  Achamians  (61), 
represents  ambassadors  who  had  just  returned 
from  Persia  and  Thrace,  as  giving  an  account  of 
their  embassy  in  a  Kvpia  iKKKntrla,  which,  ac- 
cording to  Pollux,  would  be  not  the  third  but  the 
first  of  the  regular  assemblies.  With  a  view  of 
reconciling  these  discrepancies,  Schumann  {De 
Comit.  c.  L)  supposes,  that  Solon  originally  ap- 
pointed one  regular  assembly,  called  Kvpfo,  to  be 
held  on  a  certain  day  of  every  prytany,  and  that 
afteiwards  additional  assemblies  were  instituted, 
appropriated  respectively  to  particular  purposes, 
though  the  term  Kvpia  was  'still  reserved  for  the 
assembly  formerly  so  called.  It,  however,  the  re- 
presentation of  Aristophanes  is  in  agreement  with 
the  practice  of  his  age,  we  must  further  suppos?, 
what  is  very  probable,  that  the  arrangements  for 
business,  as  described  by  f*ollux,  were  not  always 
observed  even  in  the  time  of  the  poet ;  and  since  a 
few  years  after  Aristotle^s  time  many  changes  took 
place  in  the  constitution  of  Athens,  it  may  have 
happened  that  the  name  of  Kvpla  was  tlien  given 
to  all  the  regukr  assemblies,  in  which  case  the 
Scholiast  probably  identified  the  customs  and 
terms  of  a  hite  age  with  those  of  an  earlier  period. 
Moreovor,  tho  number  of  prytanies  in  each  year, 
originally  ten,  one  for  each  tribe,  was^  on  the  in- 
crease in  the  number  of  the  tribes  at  Athens, 
raised  to  twelve ;  so  that  the  prytanies  would 
then  coincide  with  the  months  of  the  year,  a  fiict 
which,  taken  in  conjunction  with  other  circum- 
stances (SchSmann,  u.  44),  seems  to  show,  that 
the  authorities  who  speak  of  three  regular  as- 
semblies in  each  month,  had  in  view  Uie  times 
when  a  prytany  and  a  month  were  the  same  thing. 
Some  authors  have  endeavoured  to  determine  the 
particular  days  on  which  the  four  regular  assem- 
blies of  each  prytany  were  held,  but  Schumann  (ii. 
47)  has  proved  almost  to  demonstration,  that  there 
were  no  invariably  fixed  days  of  assembly  ;  and 
at  any  rate,  even  if  there  were^  we  have  not  suffi- 
cient data  to  determine  them.  Ulpian  (ad  De- 
moatL  Timoe,  p.  706)  says,  in  allusion  to  the 
times  when  there  were  three  assemblies  in  every 
month,  that  one  was  held  on  the  eleventh,  another 
about  the  twentieth,  a  third  about  the  thirtieth 
of  each  month  )  and  it  is  of  course  not  impro- 
bable that  they  were  always  held  at  nearly  equal 
intervals. 

The  place  in  which  the  assemblies  were  anciently 
held  was,  we  are  told  by  Harpocration  (t.  v. 
ndi>9rifios  *A^fHMrri\  the  kyopd.  Afterwards  they 
were  transferred  to  ^e  Pnyx,  and  at  last  to  the 
great  theatre  of  Dionysus,  and  other  places.  Thus 
Thucydides  (viii.  97)  speaks  of  the  people  being 
summoned  to  the  Pnyx,  the  usual  place  of  assembly 
{n  his  times ;  and  Aristophanes  (Bqmi,  42),  in 
describing  **  Demus,**  the  representativa  of  ihe 


ECCLESIA. 

Atbenian  people,  just  as  **  John  Bull "  is  of  tbd 
English,  calls  that  ebaracter  A^fiof  nwn^T^j,  o^ 
Demns  of  the  (parish  of)  Pnyx :  a  joke  by  whic^ 
that  place  is  represented  as  the  home  of  the 
Athenians.    The  sitoatioo  of  it  was  to  the  vesl 
of  the  Areiopagas,  on  a  slope  eonneded  with 
Mount  Lycabettos,  and  partly  at  least  within  the 
walls  of  the  city.     It  was  ■enucuenlar  in  fionnj 
with  a  boundary  wall,  part  rock  and  part  masoiuT; 
and  an  area  of  about  12,000  square  yards.  Chith^ 
north  the  ground  was  filled  vp  aiid  paved  withi 
huge  stones,  so  as  to  get  a  level  snrfiMe  on  the! 
slope ;  from  which  fi^t  aamse  grammarians  demej 
its  name  Crapii  rV  f*^  Xitfofr  9vaf6nfTa).    To- 
wards this  side,  and  dose  to  tke  waD,  wu  tbej 
bema  (/^fui),  a  slone  platfonn  w  husti^  ten  orj 
eleven  feet  high,  with  an  ascent  of  steps ;  it  «u 
cot  oat  of  the  solid  rock,  whence  it  is  sometimes 
called  6  X(«of,  as  in  Aristophanea  {Pax,  680)  vc 
read  Sans  Kparu  rvr  rov  >J$ov  To2r  Tp  Uvtm. 
The  position  of  the  bema  was  such  as  to  command 
a  view  of  the  sea  from  behind  (on  which  aoeoont 
the  thirty  tyrants  are  said  to  have  altered  it), 
and  of  the  npoT^Xata  and  Parthenon  in  front, 
though  the  hill  of  the  Aeiopagus  lay  partlj  b^ 
tween  it  and  the  Acropolis.     Hence  Donoitbenei 
(ncp)  ^vtrra^  174),  when  reminding  the  Athemam 
from  this  very  bema  of  the  other  splendid  woiks 
of  their  ancestors,  says  enaphatically  Upon^ou 
Tovra:  and  we  may  be  sure  that  the  Athenian 
orators  would  ofien  rouse  the  national  feelingi  of 
their  hearers  by  pointing  to  the  assemblage  cf 
magnificent   edifices,   "  monuments  of  Athenian 
gratitude  and  glory,''  which  they  had  in  view 
nrom  the  Pnyx.     (Cramer,  AneieiU  Gneoe,  roL  il 
p.  335  ;  Wordsworth,  Athens  and  Attica.    In  the 
hitter  of  these  works  are  two  views  of  the  rt- 
mains  of  the  Pnyx.)     That  the  geoeml  sibiatioh 
of  the  place  was  elevated  is  dear  from  the  phnae 
iufoSaivtty  els  T^r  ^jucXifd'iar,  and  the  vordf  nt 
6  S^ftof  &y«  KoBino,  applied  to  a  meeting  of  the 
people  in  the  Pnyx.     (Dem.  De  Our.  p.  285.) 
After  the  great  theatre  of  Dionysus  was  bnilt,  the 
assemblies  were  frequently  held  in  it,  ss  it  afforded 
space  and  convenience  for  a  huge  multitude ;  ind 
in  some  particular  cases  it  was  specially  deter- 
mined by  kiw  that  the  people  should  sserabie 
there.    (Dem.  c.  Meid.  p.  517.)    Assemblies  were 
also  hdd  in  the  Peiraeeus,  and  in  the  thestre  at 
Munychia.    (Dem.  De  Fals.  Leg.  y,  959 ;  Ljiiui 
0.  Agou  PL  133  ;  Thucyd.  viiL  93.) 

The  right  of  convening  the  people  generally 
vested  in  the  prytanes  or  presidents  of  the  amd 
of  Five  Hundred  [Boulb]  ;  but  in  cssei  of  vA- 
den  emeigcncy,  and  especially  during  wan,  the 
stnitegi  also  had  the  power  of  calling  extrwrfi- 
naiy  meetings^  for  which,  however,  if  we  mar 
judge  by  the  form  in  which  seveial  decrees  are 
drawn  up,  tbe  consent  of  the  senate  appean  to 
have  been  necessary.  (Dem.  De  Cor.  ^  249.) 
The  four  ohlinary  meetings  of  eveiy  pry^ny 
were,  nevertheless,  always  convened  by  the  prr- 
tanes,  who  not  Oiily  gave  a  previooi  notice  (*}»- 
ypd^iy  T V  4iltKMi<rlwf)  of  the  day  of  aaaemblr, 
and  published  a  pragmmme  of  the'rabjeets  to  be 
discussed,  but  also,  as  it  appean,  sent  a  crier  roand 
to  collect  th6  dtiaena  {avydtyew  rhr  Jn^,  N- 
lux,  viii.  95  ;  Harpocrat  «.  v.  Kvpia  *E«Xvri«; 
Dem.  0.  Arietog.  p.  772.)  At  any  ate,  whenerer 
the  strategi  wished  to  convene  one  of  the  extia- 
ordiaaiy  assemblies,  notaoe  was  oertatBly  given  a 


ECCLESIA. 

ii  by  a  poUie  pmdamatifm  ;  for  u  Ulpian  (pd 
Dfmmtk  de  Fals.  Ug,  p.  100,  a)  olMenrei,  thcM 
iwmbliet  were  caDed  ir^7acA,i|TM,  becaoae  the 
pesftie  veR  MUBDiooed  to  them  hj  officecs  eent 
mod  for  thart  {wrpeee  (fin  aw««dUovr  rirt  f 
v^paorro).  Bat  independent  of  the  i%ht  which 
wc  hate  wuA.  the  atntegi  poaeeesed  of  oonTening 
8B  extsofdiooy  meetii^,  it  woold  aeem  from  the 
caw  of  Penelea  (Thucyd.  ii.  22)  that  a  atntegna 
kid  the  power  of  preTcntii^  any  aaaemUy  being 
oi^  It  ia,  however,  important  to  obeerre,  that 
nch  aa  ezenaae  of  power  would  perfaapo  not  have 
ben  fesktaied  except  during  wan  and  oonunotiona, 
i^  ia  tke  pcnon  of  a  diatJngTiiiihed  chataeter  like 
Pendei ;  and  that  under  diffierent  ciraunetancea, 
at  aoT  nte  after  the  time  of  Solon,  the  aaMmUics 
were  aloajs  called  bj  the  prytanca.  All  penona 
vfaa  did  not  obey  the  call  were  aabject  to  a  fine, 
asi  Bz  nagiatntee  called  lexiarcha  (Xi||lapxoc) 
were  appoiated,  whooe  duty  it  waa  to  take  care 
tbt  tb  people  attended  the  meetinga,  and  to  levy 
Ban  «n  ^eie  who  lefuaed  to  do  ao.  (Pollux,  Tiii. 
104.)  With  a  view  to  this,  whenever  an  aaaemUy 
vas  to  be  bdd,  eertain  public  alavea  (Sk^Aoi  or 
T<^)  woe  aent  round  to  aweep  the  agon,  and 
etlker  phan  of  public  lesoirt,  with  a  rope  oolonnd 
Tiih  TeimiUMDL  The  different  penona  whom  theae 
nxpaaea  met,  were  driven  by  them  towarda  the 
ecdesia,  aad  thoae  who  reffnaed  to  go  were  marked 
W  tke  rope  and  fined.  (SchoL  ad  Anal.  Aektxr, 
22.)  Aiiatophanea  {L  e.>  alludea  to  thia  anbjeet 
iatkelinea 

oc  Vh  Ayopf  XaXowri,  k&fw  icol  icdrw 

Besides  thia,  afl  the  roada  except  thoae  which  led 
to  tlie  naeting  were  blocked  up  with  hordlea 
(Tc^),  which  were  alao  need  to  fence  in  the 
phce  of  anmUy  agamat  the  introaion  of  penona 
vho  had  n»  right  to  be  pieaent :  their  removal  in 
tiK  htta  caae  aeema  to  have  aerved  oa  a  aignal  for 
tkeadiaiwiin  of  atmngen  who  might  wiah  to  ap- 
peal to  the  people.  (Dem.  e.  Neaer.  p.  1375.) 
An  addhioaal  indueonent  to  attend,  with  the 
pncr  dawa^  waa  the  /ua9i»s  dmcAifiriooructfs,  or 
W!  vbkh  they  received  for  it.  The  originator  of 
tka  piactice  aeema  to  have  been  a  penon  named 
Callabats^  who  intzodnced  it  **  long  after  the 
^nmuif  of  the  influence  of  Pericles.**  The 
pBjBeat  itoel^  originally  an  obolns,  waa  after- 
vadi  laiied  to  three  by  a  pc^ular  fiivonrite  called 
AfTnkioi,  of  CoUytua.  The  increaae  took  pkce 
^  a  ihoit  time  before  the  Ecdeaiamaae  of  Aria- 
B^iUtt  came  out,  or  about  &  a  392.  A  ticket 
{rvviOMf)  appean  to  have  been  given  to  thoae 
vbo  atteaded,  on  producing  which,  at  the  doae  of 
^  pnccedioga,  they  received  the  money  from  one 
•^tbetheamothetae.  (Ariatoph.  £befo.  295,  380.) 
Tka  ptjnnent,  however,  waa  not  made  to  the 
ndier  daaaei,  who  attended  the  aaaembliea  gntia, 
^  are  tharefbre  called  oUc^trot  imcXaiinagrai 
bj  tbe  poet  Antipfaanea  in  a  fragment  preaerved 
?  Athcpaeoa  (vi  p.247,f).  The  aame  word 
"^nm  k  amlied  genenlly  to  a  perron  who  re- 
ed^agoiay  for  hia  aervicea. 

Whh  iHpeet  to  the  right  of  attending,  wo  may 
«*"«  that  it  waa  enjoyed  by  all  legitimate  citi- 
*»  wko  were  of  the  proper  age  (generally  airo- 
P^  to  be  twenty,  certamly  not  leaa  than  eigh- 
^)t  and  not  labouring  under  any  atimia  or  loaa 
«  dvil  lighta.    All  were  conridered   citiaena. 


ECCLESIA. 


441 


whoae  parenta  were  both  anch,  or  who  had  been 
preaented  with  the  freedom  of  the  atate,  and  en- 
rolled in  the  regiater  of  aome  demua  or  pariah. 
(Dem.  OS.  Neaer.  pw  1380.)  Adopted  citiaena,  how- 
ever (wonirof),  were  not  qualified  to  hold  the  office 
of  arehon  or  any  prieothood.  {Id.  pi  1376.)  De- 
crepit old  men  (T^jporrt s  of  in^yUpot^  perhapa 
thoae  above  aixty)  aeem  not  to  have  been  admitted, 
although  it  ia  not  expreaaly  ao  atated.  (Ariatot 
PoUL  lii  I.)  Slavea  and  foreignen  alao  were  cer- 
tainly exduded  (Ariatoph.  TT^etm.  294) :  though 
occaaiona  would  of  coorae  occur  when  it  would  be 
neoeaaazy  or  deainble  to  admit  them ;  and  from 
Demoathenea  (e.  Neaer.  p.  1375)  we  may  infer  that 
it  waa  not  unoaoal  to  allow  foreignen  to  enter  to* 
warda  the  doae  of  the  proceedinga,  when  the  moat 
important  bnaineaa  of  the  da^  had  been  conduded; 
otherwiae  they  atood  outaide.  (Aeaeh.  e.  Ote. 
PL  86.) 

The  l^eTMKM^  or  foreignera,  who  enjoyed  neariy 
equal  privilegea  with  the  dtiiena,  are  by  aome 
thought  to  have  had  the  aame  righta  aa  adopted 
dtiaena,  with  raapect  to  voting  in  tiie  aaaemUy. 
{Wo\i,adDem.LepLp.70.)  Thia, however, aeema 
very  doubtfol ;  at  any  nte  the  etymdogy  of  the 
word  liroTcX,€it  doea  not  juatify  anch  an  opinion. 

In  the  article  Boulb  it  ia  explained  who  the 
piytanea  and  the  proedri  were  ;  and  we  may  here 
remark,  that  it  waa  the  duty  of  the  proedri  of  the 
aame  tribe,  under  the  preaidency  of  their  chairman 
(d  driordnis),  to  ky  before  the  people  the  aubjecU 
to  be  diacuaaed  ;  to  read,  or  caoae  to  be  read,  the 
previoua  bill  (rh  TpotfodAeiyia)  of  the  aenate  ;  and 
to  give  permiaaion  (yt^iua  wpvriiipm)  to  the 
apeaken  to  addreaa  the  people.  They  moat  pro- 
bably aat  on  the  atepa  near  the  ftaoM,  to  which 
they  were  on  aome  occaaiona  called  by  the  people. 
In  later  timea  they  were  aaaiated  in  keeping  order 
(cifKovyik)  by  the  memben  <^  the  preaiding  tribe 
(i^  wpoedpt6own  ^vX^*  Aeach.  e.  Ctnipk,  p.  53, 
and  Boulb)  ;  and  the  officen  who  acted  under 
them,  the  ^  aeijeant»-at-anna  **  were  the  crier  (d 
iriftpvl),  and  the  Scythian  bowmen.  Thua,  in 
Ariatophanea  {Aeham.2A\  the  crier  aaya  to  a 
apeaker,  who  waa  out  of  order,  K^Atiao  viya^  and 
in  another  paaaage  the  ro^droi  are  repreaented  as 
dragging  a  drunken  man  out  of  the  aaaembly. 
{Eedee.  1 43.)  When  the  diacuaaion  upon  any  aub- 
ject  had  terminated,  the  chairman  of  the  proedri,  if 
he  thought  proper,  put  the  queation  to  the  vote : 
we  read  in  aome  inatancea  of  hia  refoaing  to  do  aa 
(Xen.  Mem.  L  1.  §  18  ;  Thuc.  vL  14.) 

Previoua,  however,  to  the  commencement  of 
any  bnaineaa,  it  waa  uaual  to  make  a  luatre- 
tion  or  purification  of  the  place  where  the  aa- 
aemUy waa  held.  Thia  waa  performed  by  an 
officiating  prieat  called  the  Periitiarekiu  (wtptaria^ 
Xor),  a  name  given  to  him  becauae  he  went  before 
the  katrel  victima  {rh  wtpiffrta)  aa  they  were 
carried  round  the  boundary  of  the  place.  The 
fovonrite  victima  were  ancking  piga  (x0<pt9M)  :  the 
blood  of  which  waa  aprinkled  about  the  aeata,  and 
their  bodiea  aftennrda  thrown  into  the  aea. 
(SchoL  ocf  Arutoph.  Le.^  ad  Aeeek.  o.  Tuhot.  p. 
48.)  Afier  the  periatiarch  the  crier  followed, 
burning  incenae  in  a  cenaer.  When  theae  cere- 
moniea  were  concluded,  the  crier  proclaimed  ailence, 
and  then  offered  up  a  preyer,  in  which  the  goda 
wen  implored  to  bleaa  the  proceedinga  of  the  meet- 
ing, and  bring  down  deatruction  on  all  thoae  who 
were  hoetildy  diqwaed  towarda  the  atate,  or  who 


442 


ECCLESIA. 


tmitoroualy  plotted  its  overthrow,  or  reoeiTed  bribes 
for  misleading  and  deceiving  the  people.  ( Aristoph. 
7%e»m,  330.)  On  the  conclusion  of  this  pnyer 
business  be^ui,  and  the  fint  subject  proposed  was 
said  to  be  brought  forward,  wfmrw  fim  rk  /cpdL 
(Dem.  c.  TUmoer.  p.  706.)  We  must,  however,  un- 
derstand that  it  was  illegal  to  propose  to  the  ecdesia 
any  particular  measure  unless  it  had  previously  re- 
ceived the  sanction  of  the  senate,  or  been  fonnally 
lefecied  by  that  body  to  the  people,  under  the  title 
of  a  Tpof«6\evjua.  The  assembly,  nevertheless, 
had  the  power  of  altering  a  previous  decree  of  the 
senate  as  might  seem  fit.  Further  information  on 
this  point  will  be  found  under  Boulb,  to  which  we 
may  add,  according  to  Schomann  (Z>s  ChmUiUj  c.  9), 
that  the  object  of  the  law,  mentioned  by  the  gram- 
marians  {*Awp90oi\€VTow  fAifi\p  i^^f^vfta  ttJaimi 
iy  r^  .^M?),  seenu  to  have  been,  not  to  provide 
that  no  motion  should  be  proposed  in  the  assembly 
unless  previously  approved  of  by  the  senate,  but 
lather  that  no  subject  should  be  presented  for  dis- 
cussion to  the  people,  about  which  a  bill  of  the 
lenate  had  not  been  drawn  up  and  read  in  the  as- 
sembly. 

The  privily  of  addressing  the  assembly  was 
not  confined  to  any  class  or  age  amongst  those  who 
had  the  right  to  be  present :  all,  without  any  dis- 
tinction, were  invited  to  do  so  by  the  proclamation 
(Tls  kyof€{f€Uf  /So^Acrcu)  which  was  made  by  the 
crier  after  the  proedri  had  gone  through  the  neces- 
sary preliminaries,  and  laid  the  subject  of  discus- 
sion before  the  meeting  ;  for  though,  according  to 
the  institutions  of  Solon,  those  persons  who  were 
above  fi%  years  of  age  ought  to  have  been  called 
upon  to  speak  first  (Aesch.  e.  Ctesiph.  p.  54),  this 
regulation  had  in  the  days  of  Aristophanes  become 
quite  obsolete.  (Dem.  Db  Cor.  p.  285  ;  Aristoph. 
Aehom,  43.)  The  speakers  are  sometimes  simply 
called  ol  rap(orrcs,and  appear  to  have  won  a  crown 
pf  myrtle  on  their  heads  while  addressing  the  as- 
sembly, to  intimate,  perhaps,  that  they  were  then 
representatives  of  the  people,  and  like  the  arehons 
when  crowned,  inviolable.  (Aristoph.  Ecdet.  130, 
147.)  They  were  by  an  old  law  required  to  con- 
fine themselves  to  the  subject  before  the  meeting 
and  keep  themselves  to  the  discussion  of  one  thing 
at  a  time,  and  forbidden  to  indulge  in  scurrilous  or 
abusive  language:  the  law,  however,  had  in  the 
time  of  Aristophanes  become  neglected  and  almost 
fofgotten.  (Aesch.  c.  TYmar.  p.  5  ;  Aristoph. 
JUcdv,  142.)  The  most  influential  and  practised 
speakers  of  the  assembly  were  generally  distin- 
guished by  the  name  of  p4rrop€s. 

After  the  speakers  had  conduded,  any  one  was 
at  liberty  to  propose  a  decree,  whether  drawn  up 
beforehand  or  fruned  in  the  meeting  (*£y  r^  ^mf 
ffVYYpd^fffBoLf  Pktt.  Gorg,  p.  45 IX  which,  how- 
ever, it  was  necessary  to  present  to  the  proedri, 
that  they  might  see,  in  conjunction  with  the  rojuo- 
^^Aoices,  whether  Ibere  was  contained  in  it  any- 
thing injurious  to  the  state,  or  contrary  to  the 
existing  lawSb  (Pollux,  viiL  94.)  If  not,  it  was 
read  by  the  crier ;  though,  even  after  the  reading, 
the  chairman  could  prevent  it  being  put  to  the  vote, 
unless  his  opposition  was  overborne  by  threats  and 
clamours.  (Aesch.  De  FoIb,  Leg.  p.  39.)  Private 
individuals  also  could  do  the  same,  by  engaging 
upon  oath  (^n»/io<rfa)  to  bring  against  the  author 
of  any  measure  they  might  object  to,  an  accusation 
called  a  yptuft^  wttp€af6f»Mf,  If,  however,  the  chair- 
man refused  to  submit  any  questbn  to  the  decision 


ECCLESIA. 

<if  the  people,  he  might  be  pgoee<pdad  s^gainsi  1^ 
endeucit  (Plat.  ApoL  p.  32)  ;  and  if  he  allowed  th^ 
people  to  vote  upon  a  proposal  which  waa  eontrarf 
to  existing  ooostitntioiiial  laws,  he  was  in  bohm  caae:^ 
liable  to  o^umo.    (Dem.  &  TVmoe.  p.  71&>     It,  «i 
the  contrary,  no  opposition  of  this  sort  was  ofiinvd 
to  a  proposed  decree,  the  votes  of  the  people  wet^ 
taken,  by  the  permission  of  the  rhammm  wad  with 
the  consent  of  the  rest  of  the  proedri :  wfae&oe  th^ 
permission  is  said  to  have  been  given  aofBaetirae^ 
by  the  proedri  and  sometimes  l^  the  cliftiiiBaii,| 
who  is  also  simply  called  6  vp^e^Mx,  just  a»  tfae{ 
proedri  are  sometimes  styled  pf3rtaiiea.     ^Aeach. 
0.  Otet^  p.  64  ;  Dem.  o.  Mad.  pu  517.)    The  d«^| 
cision  of  the  people  was  given  either  by  show  of  j 
hands,  or  by  baUot,  ».  e.  by  casting  pebbles  into 
urns  (Ko^fo^Koi)  ;  the  fonner  was  expressed  by  the 
word  x*^P^^^i  ^c  iMa  by  f1v^(c<rA■^   al- 
though the  two  tenns  are  frequently  oanfiNmded. 
The  more  usual  method  of  voting  was  by  show  o€ 
hands,  as  being  more  expeditioas  and  eoBTcnieot 
(xcipororia).    The  process  was  as  fallows  :  —  the 
crier  first  prodairaed  that  all  those  who  were  in 
fiivour  of  a  proposed  measure  should  hold  op  their 
hands  (Sry  9oKtt  «.  r.  A.  iipdrm  rV  X^P*)  '  then 
he  proclaimed  that  all  those  who  were  opposed  to 
it  should  do  the  same  (8rp  /c^  9oku  ic  t.  A.) :  they 
did  sOi  and  the  crier  then  formed  as  ascuzate  an 
idea  as  possible  of  the  numben  for  and  ngalnrt 
(iipl0fui  ria  x^^P^\  &Q<^  the  chaixiasn  «f  the 
meeting  pronounced  the  opinion  of  the  m^oxity. 
(Suidas,  s.  o.  Korcxciporonio'o'.)      In  this  way 
most  matters  of  public  interest  were  determined. 
Vote  by  ballot  {Kpv6hiy\  on  the  other  hand,  was 
only  used  in  a  few  special  cases  determined  by 
law  ;  as,  for  instance,  when  aprepoaitiaB  was  made 
for  allowing  those  who  had  suffered  ofMMs  to  appeal 
to  the  people  for  restitution  of  their  finmser  rigtits ; 
or  for  inflicting  extraordinuy  punishments  on  atro- 
cious oflfenders,  and  genendly,  vpon  any  matter 
which  affected  private  penons.    (Dem.  e.  TSmtoer. 
pp.  715,  719.)     In  cases  of  this  soft  it  wm  settled 
by  law,  that  a  decree  should  not  be  valid  unless  six 
thousand  citizens  at  least  voted  in  fovour  of  it   This 
was  by  far  the  miq'ority  of  those  dtiaena  vriio  were 
in  the  habit  of  attending ;  for,  in  time  of  war  the 
number  never  amounted  to  five  thoosand,  and  in 
time  of  peace  seldom  to  ten  thousand.    (Thoc 
vii.  72.) 

With  respect  to  the  actual  mode  of  voting  by 
ballot  in  the  ecclesia  we  have  no  certain  infonna- 
tion ;  but  it  was  probably  the  same  as  in  the  comts 
of  law,  namely,  by  means  of  bhttk  and  white  p^ 
bles,  or  shells,  put  into  urns  {luMmcm)  ;  the  white 
for  adoption,  the  black  for  rejection  of  any  given 
measure.    (SchoL  ad  AriaL  Vap.  981). 

The  determination  or  decree  of  the  people  was 
called  a  Ps^ohiama  (i^^/mi),  jMA.  properiy 
signifies  a  law  proposed  to  an  assembly,  and  ap- 
proved of  by  the  people.  The  form  for  diawiiy 
up  the  Psephisma  varied  in  diSerent^ges.  [Bouli.] 

We  now  come  to  the  dismissal  of  theassembly ; 
the  order  for  which,  when  bssiness  was  ovov  was 
given  by  the  piytanes  (iXutra^  tV  ^ksAifviav), 
through  the  proclamation  of  the  crier  to  the  peopie 
(Aristoph.  Aehanu  173)  ;  and  as  it  was  not  cus- 
tomary to  continne  meetu^  which  nsoaDy  began 
eariy  in  the  morning  (M  20)  till  after  annmt,  if 
one  day  were  not  sufficient  for  the  com^etion  of 
any  business,  it  was  adjoomed  to  the  next  But 
an  assemb^  was  somethnes  teoken  vp  if  any  oos^ 


BCCLESIA. 

vktkr  a  Bngvtmte  or  private  indiridnal,  dedand 
tfmx  be  fliv  aa  oofiiToanible  omen,  or  peieeived 
tkader  and  Kghtaing.  The  andden  appearance  of 
laJD  aim,  or  tbe  abock  of  an  earUHiiudce,  or  any 
Eimial  pkaaameaon  of  the  kind  caUed  9t9nitdBUy 
mi  a  laff  dent  reaaoo  for  the  haatj  adjoamaenl 
d  aa  aMBiUjr.  (Ariatopfa.  iVii6.  579  ;  Thuc:  r. 
46.) 

Wc  hart  aheady  atated  in  general  tenna,  that 
am  Bttteis  ef  ^aUe  and  national  inteieat,  whether 
hrofa  cr  doaaeatic,  vcve  detennined  upon  by  the 
fesjfk  ID  their  aaafwihlka,  and  we  riiaU  eandude 
tliiiaitkie  by  atatiag  in  detafl  what  aome  of  theae 
mtsm  vcfe.  On  thia  point  Jnliiia  PoUnx  (Tiii 
So)  iafivBS  m,  that  in  the  firat  aaaembly  of  eTcry 
prtaoT,  vbkh  was  called  mpia,  the  #atx«<parorui 
if  tbe  magnliatea  waa  held  ;  t.e.  an  inquiaition 
bto  tkir  condoct,  which,  if  it  proTed  anlaTour- 
iblp,  «»  Mowed  by  their  depoaitk>&  In  the 
aasaaaeaiUy,  manoret^  the  wrmyyt^iat  or  ex- 
notdioary  iaiiBfiBBtiona  w^ere  laid  before  the  peo- 
ple, u  wtfl  aa  all  matteta  relating  to  the  watch  and 
■trd  if  the  oouatiy  of  Attica  ;  the  regular  officcra 
aho  lead  over  the  liata  of  eonfiaeated  property,  and 
tk  aaiBe*  of  thoae  who  had  entered  npon  inherit- 
mces.  The  aeeond  wna  derated  to  the  hearing  of 
thae  vho  appeared  before  the  people  aa  anppli- 
i3tt  £ir  tmne  SaTonr,  or  for  the  privilege  of  ad> 
dioaBg  the  asaamUy  withoot  incurring  a  peaal^ 
ta  vfaich  they  otherwiae  would  have  been  liable, 
or  for  iadeomity  pieviooa  to  giving  infbnnation 
ibaai  any  criiae  in  which  they  were  aocomphoea. 
la  all  theaa  caaea  it  waa  neceaaary  to  obtain  an 
Ben,  i  a.  a  apcdal  peimiaaion  or  immunity.  In 
tlie  thsd  aBKnibIy,ambaaaadon  from  foreign  atatea 
were  reeeifdL  In  the  foorth,  rdigioua  aind  other 
ptiUie  nattcB  of  the  atate  were  diacaaaed. 

FroB  thia  alaleaicait,   compared  with  what  ia 

■id  under  Ei&aifGSLiA,  it  a^n^eara  that  in  caaea 

vittdi  nqaired  an  extnoidinary  trial,  the  peo]^ 

■aaeiinMi  acted  in  a  judicial  capaci^,  although 

tbej  onaSy  ideRed  anch  mattera  to  the  court  of 

tlie  Hdiaea.    There  were,  however,  other  caaea  m 

^h  they  cxerdaed  a  judicial  power :  thua,  for 

Maee,  the  proedri  ocMdd  ex  efficio  proaecute  an 

ia^vidnl  betote  the  people  for  miaoonduct  in  the 

oMl    (AcadL  e.  Timank.  p.  5.)     Again,  on 

UBK  oecaaioni  infocmation  (fnfimrts)  waa  aim^ 

aid  beftie  the  people  in  aaaembly,  without  the  in- 

fisMat  aaking  a  vefular  impeachment ;  and  al> 

thoogh  the  final  determination  in  caaea  of  thia  aort 

niMrafl^  nfened  to  a  court  of  law,  atill  there 

Km  ao  reaaon  to  doubt  that  the  p^>ple  might 

kn  tikoi  coguiaanre  of  them  in  aaaembly,  and 

^Kided  upon  taem  aa  judgea  ;  juat  aa  they  did  in 

s«c  instaocea  of  heinoaa  and  nottnioua  crimes, 

eree  whea  ao  one  came  forward  with  an  accuaa- 

|»a.   Moieaver,  in  turbulent  and  excited  timea, 

it  ttj  oae  had  incarrad  the  diapleaaure  of  thepeople, 

^  oat  anfieipiently  paaaed  aummaiy  aentence 

BptQ  Urn,  without  any  regard  to  the  leguktr  and 

*>^*^£dwd  fanua  of  proceeding:  aa  examplea  of 

vhicfa  «e  any  mention  the  caaea  of  Demoathtaea 

ud  Pbodoa.    The  pniceedinga  called  wpo€oKii  aud 

'"mr«^  ware  alao  institnted  before  the  people : 

fiatba  fiifiannation  with  reapeet  to  them  ia  given 

■«»«  thoae  h«da. 

"^  fegiahsive  powen  of  the  people  in  aaaembly, 
»  b  aa  they  were  defined  by  the  enactmenta  of 
Soha,  ven  very  limited  ;  in  fiut,  atrietly  apeak- 
^vakan  coidd,  withont  violating  the  apirit  of 


ECCLETI. 


448 


the  Atheoian  conatitntion,  be  either  repealed  or 
enacted,  except  by  the  court  of  the  Noftodh-tu :  it 
might,  however,  doabtleaa  hiq>pen  that  i^ii^afuerm 
paaaed  by  the  aaaembliea  had  reference  to  general 
and  permanent  objecta,  and  were  therefore  virtually 
p6f»M  or  hwa  [NoaioTHBTBa]  ;  moreover,  if  wa 
may  judse  by  the  complainta  of  Demoathenea,  it 
i4ipeara  that  in  hia  daya  the  inaritutiona  of  Sohm 
had,  ia  thia  reapeet,  follen  into  diauaa,  and  that 
new  lawa  were  made  b^  the  people  oollectively  ia 
aaaembly,  withont  the  mterventien  of  the  court  of 
the  nomothetae.  (Dem.  o.  Tlwiocr.  p.  744  ;  Ariatot 
Pott.  iv.  4.) 

The  forei^  policy  of  the  atate,  and  all  mattera 
connected  with  it,  and  the  regulation  and  appropria- 
tion of  the  taxea  and  revenuea,  were,  aa  we  might 
expect,  determined  upon  by  the  people  ia  aaaembly. 
The  domeattc  economy  of  the  atate  waa  under  the 
aame  auperintendence  ;  a  foct  which  PoUnx  briefly 
expieaaea  by  informhw  ua  that  the  people  decided 
in  the  fourth  aaRcmbiy  mpl  l^ptuf  km  htftsrim^f 
i.  e.  on  all  mattera,  whether  apiritual  or  aecubu',  in 
which  the  citixena  oollectivdy  had  an  intereat 
Such,  for  exaaaj^  aaya  Schdmaon  (p.  298X  *"  are 
the  prieathood,  the  templea  of  the  goda,  nd  all 
ether  aacred  thinga  ;  the  treaaury,  tlM  public  land, 
and  public  property  in  general ;  the  magiatiacy, 
the  oonrta,  the  lawa  and  inatitationa  of  the  atate, 
and,  in  fine,  the  atate  itaelf :  ^  in  connection  with 
which  we  may  obaerve,  that  the  meetinga  for  the 
election  of  magiatiatea  were  called  i^oipco^cu. 
Laatly,  aa  Schomann  remariEa,  ^  the  people  likewiae 
determined  in  aaaembly  upon  the  propriety  of  con- 
ferring rewarda  and  honooia  on  auch  dtisena  or 
atrangera,  or  even  foreign  atatea,  aa  had  in  any 
manner  aignally  benefitted  the  commonwealth.^ 
It  ia  hardly  neceaaaiy  to  add,  that  the  aignification 
of  a  religiona  aaaembly  or  church,  which  aodcma 
bore  in  later  timea,  apnag  from  ita  eariier  meaning 
of  an  aaBemUy  in  general,  whether  of  the  con- 
atitnency  of  a  whde  atate,  or  of  ita  anb-divi- 
aiona,  auch  aa  tribeaand  cantona.  See  Tribvs  and 
DBMua  [R.W.] 

ECCLE'TI  (IkkXittoi),  waa  the  name  of  an 
aaaembly  at  Sparta,  and  aeema  to  have  been  the 
aame  aa  the  ao^called  ^eaasr  attembfy  (i^  /UKfA  ica- 
?imtfA4rn  4KK\iiaia^  Xen.  Heil.  iii.  3.  §  8).  Ita 
name  aeema  to  indicate  a  aelect  aaaembly,  but  it  is 
difficult  to  determine  of  what  peraona  it  waa  com< 
poaed ;  aince,  however,  Xenophon  (HeU.  il  4.  §  38) 
mentiona  the  ephan  along  with  and  aa  diatinct 
finom  it,  we  cannot  with  Tittman  (Grieck.  StaaUv, 
pi  100)  and Wachamuth  {HeU.Alter,  voLi.  pp.464, 
690,  2d  edit),  oanaider  it  aa  having  conaiated  of 
the  Spartan  magiatratea,  with  the  addition  of  aome 
deputiee  elected  firom  among  the  citixena.  Aa, 
however,  the  dacXifrot  do  not  occur  until  the  period 
when  the  franchiae  had  been  granted  to  a  great 
number  of  fieeedmen  and  aliena,  and  when  the 
number  of  ancient  citiaena  had  been  conaiderably 
thinned,  it  doea  not  aeem  improbable  that  the  leaaer 
aaaembly  c<«aiated  exdiiaively  of  ancient  citiaena, 
either  in  or  out  of  office ;  and  thia  auppoaition 
aeema  very  well  to  agree  with  the  feet,  that  they 
i^mear  to  have  alwaya  been  jealoualy  watchful  in 
upholding  the  ancient  conatitution,  and  in  prevent- 
ing any  innovation  that  might  be  made  by  the 
ephora  or  the  new  citiaena.  (Thirlwall,  HiM.  of 
GrtecB^  iv.  p.  372,  dec) 

The  whole  aubject  of  the  lncitXarrM  ia  involved  in 
difficulty.    Tittmaim  thinka,  that  though  the  name 


444 


EDICTUM. 


of  this  assembly  is  not  mentioned,  it  existed  long 
before  the  Persian  wars,  and  that  in  many  cases  in 
which  the  magistrates  ir4\%  Apxo'^*'  or  Vx"^) 
are  said  to  have  made  decrees,  the  magistrates  are 
mentioned  instead  of  the  fKKKrrrot^  of  whom  they 
were  the  chief  members.  This  hist  supposition  is 
rejected  by  Miiller  {Dor.  iii.  5.  §  10),  who  ob- 
serves that  the  magistrates  were  often  said  to  hate 
decreed  a  measnre  (especially  in  foreign  affiiirs), 
though  it  had  been  discussed  before  the  whole 
assembly  and  approved  by  it ;  for  the  magistrates 
were  the  representatives  and  the  oigans  of  the 
assembly,  and  acted  in  its  name.  MQUer  is  also 
of  opinion  that  $KK\firot  and  iiacKnaia  are  identical, 
and  distinct  from  the  lesser  assembly,  which  he 
considers  to  have  been  a  kind  of  select  assembly. 
But  his  arguments  on  this  point  are  not  eonvincing. 
The  IftKAirroi  and  the  lesser  assembly  are  men- 
tioned about  the  same  time  in  Grecian  history,  and 
previous  to  that  time  w^  hear  of  no  assembly, 
except  the  regular  iicicKiiaia  of  aU  the  Spartans, 
(See  Xen.  HelL  r.  ii.  §  33,  vl  3.  §  3.)   [L.  S.] 

E'CDICUS  (IxSucor),  the  name  of  an  officer  in 
many  of  the  towns  of  Asia  Minor  during  the  Ro- 
man dominion,  whose  principal  duty  was  the  care 
of  the  public  money,  and  the  prosecution  of  all  par^ 
ties  who  owed  money  to  the  state.  The  word  is 
translated  in  the  ancient  glossaries  by  eogmtor^  an 
attorney.  (Ctc.  ad  /Vim.  xiii.  S6  j  Plin.  Ep,  z. 
Ill  ;  QTmLor'au^  <U SesUrt  iv.  3.  p.  277.) 
E'CDOSIS  (Mmtis).  [Fbnus.] 
ECHI'NOS  (<X«w*).  [DiKB.] 
ECLOOEIS  (itcXoyus).  [Emphora.] 
ECMARTY'RIA  (Ufw^nvpia),  signifies  the 
deposition  of  a  witness,  who,  by  reason  of  absence 
abroad,  or  iUness,  was  unable  to  attend  in  court 
His  statement  was  taken  down  in  writing,  in  the 
presence  of  persons  expressly  i^ipointed  to  receive 
it,  and  afterwards,  upon  their  swearing  to  its  iden- 
tity, was  read  as  evidence  in  the  cause.  They 
were  said  futprvpnir  T^r  iKfutprvplay :  the  absent 
witness,  iKfAoprvpw :  the  party  who  procured  the 
evidence,  iKfxafnvptay  wottiffBcu.  It  was  considered 
as  the  testimony  of  the  deponent  himself  not  that 
of  the  certifying  witnesses,  and  therefore  did  not 
come  within  the  description  of  hearsay  evidenee, 
which  (except  the  declaration  of  a  deceased  per- 
son) was  not  admissible  at  Athens.  The  law 
was,  iieoiiy  c&cu  fuifyrvpuy  rc^ycSrov,  iKftafyrvptaw 
3i  iwtpopiov  iral  dStwdErov.  The  deponent  (like 
any  other  witness)  was  liable  to  an  action  for  &lse 
testimony  if  the  contents  of  the  deposition  were 
untrue,  unless  he  could  show  that  it  was  incor- 
rectly taken  down  or  fbived,  in  which  case  the 
certifying  witnesses  would  be  liable.  Therefiire 
(leaeus  tells  -«is)  it  was  usual  to  select  persons  of 
good  character  to  receive  such  evidence,  and  to 
have  as  many  of  them  as  possible  (Isaeus,  De 
Pjfrr.  H«r«d,  23,  24,  ed.  Bekk. ;  Dem.  a  StepL 
pp.1130,  1131.)  [Martyria.]  [C.  R.K.] 
E'CPHORA  (iKipopd).  [FuNUS.] 
ECPHYLLOPHO'RIA(^«^uAXo^pia).  [Ex* 

aiLlUM.] 

ECULEUS.  [Equulbus.] 
E'DERE  ACTIO'NEM.  [Actio.] 
EDICTUM.  The  Jus  Edicendi,  or  power  of 
making  edicts,  belonged  to  the  higher  magistratns 
populi  Romani,  but  it  was  principdly  exercised  by 
the  two  praeton,  the  praetor  urbanus  and  the 
praetor  peregrmus,  whose  jurisdiction  was  exercised 
111  the  provinces  by  the  piaeses.    The  curule  aediles 


EDICTUM. 

also  made  many  edicts,  and  their  joriadiedon  v  i 
exercised  (under  the  empire  at  least)  iu  the  p 
vinciae  populi  Romani  by  the  quaestorB.     (Gai 
L  6.)    There  was  no  edict  promulgated  in  tbe  pi 
vinciae  Caesaris.   The  tribunes,  censotx,  and  paa 
fices  also  promulgated  edicts  refeting  to  tbe  nmtti 
of  their  respective  jurisdictions.     Tlie  edicta  s 
enumerated  by  Gains  among  the  sonrees  of  Koaa 
law,  and  this  pert  of  the  Roman  law  ia  oometini 
called  in  the  Pandect,  Jos  Hononuiiim  (1%.  4 
tit  7.  s.  52),  apparently  because  the  edictel  pov 
belonged  to  those  magistrates  only  wbo  had  t( 
honores,  and  not  so  much  ad  honorem  ptaetoi 
(Dig.  1 .  tit  1.  s.  7.)    As  the  edicts  of  the  praetoi 
were  the  most  important,  the  jus  haoorariam 
sometimes  called  jus  prsetorinm ;  bat,   pvtipeHj 
the  jus  honorarium  was  the  term  under  wrhich  wa 
comprehended  all  the  edictal  law. 

Edictum  signifies,  generally,  any  psiblic  notic 
made  by  a  competent  authority  (Tadt^  jimn.  L  7 
Liv.  xxxL  6,  ii.  30).     But  it  spediAj  aigniBefl 
under  the  republic,  a  rule  promulgated  by  a  ma  ' 
tratus,  which  was  done  by  writing  it  osi  ao  albom 
and  placing  it  in  a  conspicuous  place,  **  Unde  di 
piano  recte  legi  potest**    From  this  circamstaoce, 
the  Edict  was  considered  to  be  a  part  of  tbe  jm 
scriptum.     As  the  office  of  a  magiatcatos   ^ 
annual,  the  rules  promulgated  by  b  piedece^ 
were  not  binding  on  a  successor,  bat  he  migbi^ 
confirm  or  adopt  the  rules  of  his  predeeesoor,  and 
introduce  them  into  his  own  Edict,  and  hence  scch 
adopted  rules  were  called  edictum  tralatxtiBm  (Ck, 
ad  AU,  iil  23,  v.  21  ;  ad  Fam,  iiL  8  ;  m  Vttr. 
i.  45),  or  vetus,  as  opposed  to  edictum  novum.    A 
repentinum  edictum  was  that  rule  which  was  nude 
(prout  res  inddit)  for  the  occasion.    {In  Verr.  iii. 
14.)     A  perpetnum  edictum  was  that  rule  whiek 
was  made  by  the  magistiBtns  en  enterii^  npoQ 
office,  and  which  was  intended  to  apply  to  all  cssm 
to  which  it  was  i^Ucable,  during  tiie  year  of  his 
office :  hence  it  was  sometimes  called  abo  aoaaa 
lex.     It  was  not  called  perpetoum  because  tbe 
rules  were  fixed,  but  because  each  praetor  peb- 
lished  his  edict  upon  entering  on  his  oAice,  and 
thus  there  was  a  perpetnum  (oontXBuoos)  edictaiB. 
Until  it  became  the  practice  for  m^gutiatat  to 
adopt  the  edicta  of  their  predeoesaon,  the  edicts 
could  not  form  a  body  of  permanent  binding  mlef ; 
but  when  this  praetiee  became  common,  the  edifta 
(edictum  tmUtitium)  soon  constituted  a  huge  body 
of  law,  which  was  practically  of  as  much  import- 
ance as  any  other  part  of  the  law.    The  sereial 
edicta,  when  thus  established,  were  designated  by 
the  names  of  their  promulgaton,  as  the  EdictioB 
CarboniaDum  ;  or  they  were  named  with  referenoe 
to  the  formula,  and  the  actio  whkh  they  fsta- 
blished,  as  Aquiliana,  Publiciana,  Rntiliana: 

The  origin  of  the  edictal  power  cannot  be  )a§' 
torically  shown  ;  but  as  the  praetor  was  a  magistnte 
established  for  the  admimstration  of  justice  oo  sc- 
count  of  the  occupations  of  the  oonnils,  and  the 
consular  power  was  the  representative  of  the  kiogly 
poWer,  it  seems  that  the  jus  edicendi  may  have 
been  a  remnant  of  the  kingly  prerogative.  Hov- 
ever  this  may  be,  the  edictal  power  was  etHy 
exercised,  and  so  for  established,  that  the  jui  pne- 
torium  was  a  reownised  divisioa  of  law  in  an^ 
befixe  the  time  of  Cicero  (m  Verr,  L  44),  in  vhoie 
age  the  study  of  the  Edict  fisrmed  a  part  of  tbe 
r^ar  study  of  the  laWr  {de  Lto.  i.  5,  ii  23.) 
The  edict  of  the  aediles  about  the  buying  ad 


EDICTUM. 

KSing  of  flfavct  u  inentMmed  bj  Cicen  (de  Qf.  Hi- 
IT) ;  tbe  £dictiona  Aedaitiae  are  aUaded  to  by 
Pluiot  {CafL  IT.  2,  ▼.  43)  ;  and  an  edict  of  the 
jnetor  Perq|rm«s  la  mentioned  in  tbe  Lex  Oalliae 
Cialpina^,  wfaidi  probably  belongs  to  the  begin- 
nh;  «f  the  e^hth  centniy  of  tbe  dty.  Tbe  Lex 
C'liiefia,  B.&  67,  proTided  against  abnset  of  the 
tf^ktti  power,  by  dwlaxing  that  tbe  pneton  sboold 
d.«dde  is  piiticiUar  caaea^  confbnnably  to  their 
pcfpetaJ  edict.  The  edicta  made  in  tbe  provinoes 
vecrfkoiBientianed  by  Cicero.  They  were  founded 
'm  tk  edicttm  vrbaxram,  thoogh  they  likewiie 
coiiprekad«d  mlea  applicable  only  to  the  ad- 
lamutnam  of  joatioe  in  the  prorinces,  and  bo  fiir 
tHer  were  praperiy  edictnm  provindale.  Thns 
rkcn  (otf  AIL  n.  !)  laya,  that  he  promulgated  in 
liis  prmnce  tvo  edicta  ;  one  provinciale,  which, 
ciocf  Qtker  matters,  contained  every  thing  that 
Haird  to  the  poblicaai,  and  another,  to  which  he 
gires  no  name,  relating  to  matters  of  which  he 
uT9,**ex  edicCo  et  poatnlari  et  fieri  sdent.**  As 
uall  tlie  rest,  he  made  no  edict,  but  dedaied  that 
ic  vwJd  fiame  all  hia  decrees  (decreta)  upon  the 
t4icta  oibana.  It  appears,  then,  that  in  the  time 
d  CioEr»  the  edicta  already  formed  a  large  body 
^  bw,  wbieh  is  eonfirmed  by  the  feet,  that,  in 
kis  tine,  an  attempt  had  been  already  made  to 
Rdace  it  into  Older,  and  to  comment  on  it  Sfer^ 
vm  Solfochia,  the  great  jurist  and  orator,  the 
fnaid  ud  contempMary  of  Cieen\  addressed  to 
BratH  two  Tcry  short  books  on  tbe  Edict,  which 
va  fellowed  by  the  wnrk  of  Ofilius  (Pomponius, 
%  1.  tit.  2.  a  2)  ;  though  we  do  not  know 
viKther  the  work  of  Ofilius  was  an  attempt  to 
ccOeet  sod  arrange  thoTarious  edicta,  like  tbe  sub- 
net coaapilation  of  Julian,  or  a  commentary 
like  those  of  many  subsequent  jurists  (Ofilius 
edktBB  poebiris  primna  diligenter  composuit). 

The  object  of    tbe    Edi^  aceording  to  the 

Bflsaa  jnista,  was  the  fi>Uownig  (Papinianus, 

%  I.  tit  1.  a  7) :  —  *'  Adjuvandi  yel  supplendi 

Tel  axngendi  juris  dvilis  gratia  propter  utihtatem 

labbcsB:*  the  Edict  is  also  described  as  ^^riva 

nx  JBiis  dnlia.'*     It  was,  in  eflfect,  an  indirect 

aetbod  of  Isgiahiting,  and  it  was  tlM  means  by 

v^ich  numerous  rules  of  law  became  established. 

It  «M  {bond  to  be  a  more  effectual,  because  an 

euwr  sod  more  practical  way  of  gradually  en- 

Itt^  and  altering  the  existing  law,  and  keeping 

tse  vaoie  system  in  harmony,  than  tbe  method  ot 

direct  Wgiilatioo  ;  and  it  is  undeniable  that  tbe 

■iwt  ^vsUe  part  of  the  Roman  biw  is  deriTed 

&«itbe  edicts.    If  a  praetor  established  any  rule 

»mdi  wu  fimnd  to  be  ineonTenient  or  injurious, 

1^  isto  disuse,  if  not  adopted  by  his  successor. 

Tbe  piUiaty  of  the  Edict  must  also  have  been  a 

V^  seeority  against  any  arbitrary  changes,  for  a 

^■^•tatBs  wsuld  hardly  rentnre  to  promulgate  a 

^  to  which  opinion  had  not  by  anticipation  al- 

nady  given  its  sanction.     Many  of  the  rules  pro- 

onigpted  by  the  Edict  were  merely  in  conformity 

to  exirtmg  castora,  more  particularly  in  cases  of 

<*"^ti3cli,  and  thns  the  edict  would  have  the  effect 

•f  eoBvcrting  costom  mto  law.    This  is  what  Cicero 

"«n>  to  mesa  (db  ImaiL  ii.  22),  when  be  says 

tint  the  Edict  depends  in  a  great  degree  on  custom. 

Ai  to  the  matter  of  tbe  Edict,  it  must  be  snp- 

pned  that  the  defects  of  the  existing  law  must 

V^f^  have  been  acknowledged  and  felt  before 

ti7  Ba^iitiatDs  Tentured  to  supply  them  ;  and  in 

*"■% ^hemnst  have  confimned  to  the soHsdled 


EDTCTUM. 


445 


natural  equity  (Jus  Natuiale  or  Gentium).  Under 
jtho  emperon,  also,  it  may  be  presumed,  that  the 
opinions  of  legal  writers  would  act  on  public 
opinion,  and  on  those  who  bad  the  jus  edioendL 
Hence,  a  laige  part  of  the  edictal  rules  were 
founded  on  the  so-called  jus  gentium  ;  and  the  ne- 
cessity of  some  modifications  of  the  strict  rules  of 
the  dvil  law,  and  of  additional  rules  of  law,  would 
become  tbe  more  apparent  with  tbe  extension  of 
the  Roman  power  and  their  intercourse  with  other 
nations.  But  the  method  in  which  the  praetor 
introduced  new  rules  of  law  was  altogether  con- 
formable  to  the  spirit  of  Roman  institutions.  The 
process  was  slow  and  gradual  ;  it  was  not  effRcted 
by  the  destruction  of  that  which  existed,  but  by 
adapting  it  to  circumstances.  Accordingly,  when 
a  light  existed,  or  was  recognised,  the  praetor 
would  give  an  action,  if  there  was  none  ;  ho  would 
interfere  by  way  of  protecting  possession,  but  he 
could  not  make  possession  into  ownership,  and, 
accordingly,  that  was  effected  by  the  hw  [Usu- 
CAPio] :  Im  aided  plaintiffs  by  fictions,  as,  for  in- 
stance, in  the  Publidana  actio,  where  the  fiction 
was,  that  the  possessor  had  obtained  the  ownership 
by  usucapion,  and  so  was  quasi  ex  jure  Quiritium 
dominns  (Gains,  ir.  36)  ;  and  he  also  aided  parties 
by  exceptiones,  and  in  integrum  restitutio.  [Jus.] 

The  old  forms  of  procedure  were  few  in  number, 
and  they  were  often  inconvenient  and  foiled  to  do 
justice.  Accordingly,  the  praetor  extended  the 
remedies  by  action,  as  alrody  intimated  in  the 
case  of  the  Pnblicbna  actio.  This  change  pro- 
bably commenced  after  many  of  the  legis  actiooea 
were  abolished  by  the  Aebutia  lex,  and  the  neces- 
sity of  new  forms  of  actions  arose.  These  were  in- 
troduced by  tbe  praetors,  and  it  is  hardly  a  matter 
of  doubt  uat  in  establishing  the  formulae  they 
followed  the  analogy  of  the  legis  actionea.  It  is 
the  conclusbn  of  an  ingenious  writer  (/ZAsia.  JIfiM. 
/12r  ./am.  i  p.  51,  Dit  Oacoaoims  «Ess  Edietes, 
von  Heffiter),  **  that  the  edict  of  the  praetor  urbanus 
was  in  the  main  part  rekting  to  actions  arranged 
aflter  the  modd  of  the  old  leffu  actiones,  and  Uiat 
the  aystem  is  apparent  in  the  Code  of  Justinian, 
and  still  more  in  the  Digest'* 

Under  tbe  emperors,  there  were  many  commen- 
tators on  the  Edict  Thus  we  find  that  Labeo 
wrote  four  books  on  the  Edict,  and  a  work  of  hia 
in  thirty  books.  Ad  Edictum  Praetoris  Peregrini. 
is  dted  by  Ulpian.  (Dig.  4.  tit  3  s.  9.)  Sslvins 
Jolianns,  a  distinguished  jurist,  who  lived  in  the 
time  of  Hadrian,  and  filled  the  office  of  praetor, 
made  a  compilation  of  Edictal  law  by  order  of  the 
emperor ;  the  work  was  arranged  in  titles,  ac- 
cording to  subjecU  (B<fcking,  InsHt,  I  30.  n.  1 1). 
It  was  called  Edictum  Perpetuum  ;  and  it  seems, 
that  from  tbe  date  of  this  treatise,  the  name  Per- 
petuum was  more  particularly  applied  to  this 
edictum  than  to  that  which  was  originally  and  pro- 
perly called  the  Edictum  Perpetuum.  Julian  ap- 
pears to  have  collected  and  arranged  the  old  edicts, 
and  he  probably  both  omitted  what  bad  Allien  into 
disuse,  and  abridged  many  parts,  thns  giving  to 
tbe  whole  a  systematic  character.  The  work  of 
Julian  must  have  had  great  influence  on  tbe  study 
of  the  law,  and  on  subsequent  juristical  wriUnits. 
It  does  not  seem  probable,  that  the  edicts  of  the 
two  Roman  praetors,  together  with  the  Edictum 
Provinciale,  and  the  edicts  of  the  curule  aediles, 
were  blended  into  one  in  this  compilation.  If  the 
work  of  Julian  comprehended  all.  these  edictSi 


446 


EDICTUM  THEODORICL 


they  Diast  have  been  kept  distinct,  aa  the  subject- 
matter  of  them  was  different  We  know  that  the 
edicts  of  the  cunile  aediles  were  the  subject  oT 
distinct  treatises  bj  Oaius,  Ulpian,  and  Paulns, 
and  the  Edictom  Provinciale  would,  from  its  nature, 
be  of  necessity  kept  separate  from  all  the  rest 
But  some  writers  are  of  opinion,  that  the  Edietom 
Perpetuum  of  Jnlianus  made  one  body  of  law  out 
of  the  edicta  of  the  praetor  nrbanus  and  peregrinns, 
that  there  was  also  incorporated  into  it  much  of 
the  Edictnm  Provinciale,  and  a  large  part  of  the 
Edictum  Aedilitium,  as  an  appendage  at  least 
The  Edict  thus  arranged  and  sjstematised  was,  it 
is  further  supposed,  promulgated  in  the  provinces, 
and  thus  became,  as  fiir  as  its  provisions  extended, 
a  body  of  law  for  the  empire.  This  view  of  the 
edictnm  of  Jnlianus  is  confirmed  by  the  foct  of 
Italy  being  divided  by  Hadrian  into  the  city  of 
Rome  with  its  appurtenant  part,  and  four  districts. 
The  magistntus  ranuuned  as  before,  but  the  juris- 
diction of  the  praetor  was  limited  to  Rome  and  its 
territory ;  and  magistrates,  called  consulares,  and 
subsequently,  in  the  time  of  Anrelius,  jnridici,  were 
appointed  to  administer  justice  in  the  districts. 
As  the  edictal  power  of  the  praetor  was  thus 
limited,  the  necessity  for  a  comprehensive  Edict 
(such  as  the  Edictom  Perpetuum  of  Julian)  is  the 
mora  apparent 

There  were  numerous  writings  on  the  Edict 
besides  those  above  enumerated.  They  were 
sometimes  simply  entitled  Ad  Edictum,  according 
to  the  citations  in  the  Digest ;  and  there  were  also 
other  juristical  writings,  not  so  entiUed,  which  fol- 
lowed the  order  of  the  Edict,  as,  for  instance,  the 
epitome  of  Hermogenianus.  (Dig.  1.  tit  5.  s.  2.) 
Ultimately,  the  writings  on  the  Edict,  and  those 
which  followed  the  arrangement  of  the  Edict,  ob- 
tained more  authority  than  the  Edict  itself  and 
became  the  basis  of  instruction. 

Some  few  fragments  of  the  older  edicts  are 
found  in  the  Roman  writers,  but  it  is  chiefly  from 
the  writings  of  the  jurists,  as  excerpted  in  the 
Digest,  that  we  know  anything  of  the  Edict  in  its 
later  form.  It  seems  pretty  clear  that  the  order  of 
Justtnian*s  Digest,  and  more  particulariy  that  of 
his  Code,  to  some  extent  followed  that  of  the 
Edict  The  writings  on  the  Edict,  as  well  as  the 
Edict  itself  were  divided  into  tituli  or  rubricae, 
and  these  into  capita ;  some  special  or  detached 
rules  were  named  cbiusulae  ;  and  some  parts  were 
simply  named  edictum,  as  Edictum  Carbonianum, 
&c. 

The  Edicta  or  Edictalcs  Leges  of  the  emperors 
are  mentioned  under  Constitutio. 

The  Digest,  as  already  observed,  contains  nu- 
merous fragments  of  the  Edicts.  The  most  com- 
plete collection  of  the  fragments  of  the  Edicts  is 
by  Wieling,  in  his  **  Fragmenta  Edicti  Perpetui,^ 
Franek.  1733.  The  latest  essay  on  the  subject  is 
by  C.  G.  L.  de  Weyhe,  "  Libri  Tres  Edicti  sive 
de  Origine  Fatisque  Jurisprudentiae  Romanae  prae- 
aertim  Edictorum  Praetoris  ac  de  Forma  Edicti 
Perpetui,''  Cell.  1821.  The  twenty-first  book  of 
the  Digest  (tit  1)  is  on  the  Aedilitium  Edictum. 
(Zimmem,  GetohiekU  dst  Rom,  Ptwairtehta  ;  Ma- 
rezoll,  ^eiiAueft,  &&  •  Rein,  Dot  Rcmiae/is  Prwat- 
reckty  dLC,  Leipzig,  1836  ;  Savigny,  GtmskiekUdes 
R,  R^  Slc  vol.  i.  c.  1 ;  Savigny,  ^sUm,  &c.,  vol. 
I  pp.  109,  &c,  1 1 6,  &c.)  [O.  L.] 

EDICTUM  THEODORICL  This  is  the  first 
collection  of  law  that  was  made  after  the  downfiU 


EISAQOOEIS. 

of  the  Roman  power  in  Italy.  '  It  was  pmrnnlgal 
by  Theodoric,  king  of  the  Oatrogotha,  at  Rome, 
the  year  a,  d.  500.  It  consists  of  154  cbaptei 
in  which  we  recognise  parts  taken  from  the  C« 
and  Novellae  of  Theodoaiua,  from  the  Codices  Gi 
gorianus  and  Hermogenianus,  and  the  SententJ 
of  Paulns.  The  Edict  was,  doubtleaa,  diawn  up  \ 
Roman  writers,  but  the  original  sooroes  are  m>i 
disfigured  and  altered  than  in  any  «tli«r  coaipii 
tion.  This  ooUrction  of  law  was  intended  to  apf  I 
both  to  the  Goths  (Barfaari)  and  the  RomaB^  i 
for  as  its  provisions  went ;  but  when  it  made  i 
alteration  in  the  Gothic  law,  that  law  vaa  stiU  1 
be  in  force  for  the  Barbari ;  and  the  Roma 
law  was  still  to  prevail  for  the  Romana  in  th<H 
cases  to  which  the  Edictum  was  not  applicable 
Athahuich,  the  grandson  of  Theoderic,  or  nthe 
Amalasuntha,  the  mother  of  Athalarich,  who  vs 
a  minor,  completed  this  Edictnm  by  a  new  oot* 
but  after  Nanes  had  again  united  Italy  to  tki 
dominion  of  Justinian,  the  legislation  of  Jostioia] 
was  established  in  Italy  (a.  d.  554),  and  th^ 
Edictum  of  Theodoric  had  no  longer  aathoritv 
The  opinion  of  modem  writers  as  to  the  design  tau 
object  of  the  Edictnm  of  Theodoric  is  by  no  mean^ 
uniform.  There  is  an  edition  of  thli  Edicttus 
by  G.  F.  Rhon,  Halle,  1816,  4to.  (SavigDv^ 
Ch»chuAie  de$  R,  R,  Slc  ;  Bficking^  Imttit  i 
89.)  [G.  L.] 

EEDNA  (Mm).    [Doa] 

EICOSTE  (ctiTMrHl),  a  tax  or  dnty  of  on^ 
twentieth  (five  per  cent)  upon  all  oommodiuei  ex- 
ported or  imported  by  sea  m  the  states  of  the  allirs 
subject  to  Athens.  This  tax  was  first  imposed 
B.  a  415,  in  the  place  of  the  direct  tribute  which 
had  up  to  this  time  been  paid  by  the  subjec; 
allies  ;  and  the  change  was  made  with  the  hope 
of  raising  a  greater  revenue.  (Thac  viL  2&j 
This  tax,  like  all  others,  was  formed,  and  the 
farmers  of  it  were  called  eieottologi  {wcocroXiyi), 
It  continued  to  be  collected  in  b.  a  405,  as  Aiii- 
tophanes  mentions  an  eieotiologmt  m  that  year 
(Ran,  348).  It  was  of  course  terminated  by'tbe 
issue  of  the  Pelopounesian  war,  but  the  tribute 
was  afterwards  revived  on  more  equitable  prio- 
ciples  under  the  name  of  ^mtortr  {vimlal 
(Bockh,  PubL  Earn.  o/Alkmt^  ppu  325,  401,  2od 
ed.) 

We  also  read  of  an  meosU  levied  by  the  sons 
of  Peisistratus.  This  tax  was  a  twentieth  of  the 
produce  of  the  lands  in  Attica,  and  was  only  half 
of  what  had  been  levied  by  Peisistiataa  humeli 
(Thuc.  vi.  54.) 

EIREN  (d^)  or  IREN  (I^X  the  uhm 
given  to  the  Spartui  youth  when  he  attained  tlx 
age  of  twenty.  At  the  age  of  eighteen  he  cmeffM 
from  childhood,  and  was  called  MtUeirem  (/uX- 
Xc/pnr,  Pint  £^0,  17).  When  he  had  attained 
his  twentieth  year,  he  began  to  exercise  a  direct 
influence  over  his  juniors,  and  was  entrusted  with 
the  command  of  troops  in  battie.  The  wwd  ap- 
pears to  have  orignaUy  signified  a  cooonandtf. 
Hesychiua  explains  "Ipayet  by  K^x"*^*'*  ^ 
Morrcr:  and  cJ^yidCffi  by  Kptiru,  The  ipt^fs 
mentioned  in  Herodotus  (ix.  85)  were  certeiolj 
not  youths,  but  oommanders.  (MUUer,  Dorimj 
voLiL  p.  315.) 

EISAGO'GEIS  (€Uraymyut\  at  Athens,  vere 
not  themselves  distinct  magistrates  ;  but  the  nante 
was  given  to  the  ordinary  magiatntct  wiicn  ap- 
plication was  made  to  them  for  the  pnipose  U 


EISANGELTA. 

i  (cMycir)  into  a  proper  ooort. 
[DuxTSTAS;  DiKK.]  The  caaae  itsetf  wm 
med,  M  k  cxpiuicd  vnder  Dikb,  by  dicasU 
cboeea  bjr  lot ;  bot  aU  the  pt^nunaiy  proceed- 
ed neh  as  nceiying  the  accaeatkni,  drawing  op 
the  iuditUBeat^  ntrodneniff  the  canie  into  ooort, 
&c»  vse  cendacted  hy  the  regular  magistrate, 
vi3  ofcteBded  in  his  own  department  to  all  that 
WW  sBderstood  m  Athenian  law  by  the  ^y^anria 
rn  fctutfrgyiOM.  Thas  we  find  the  stxat^  the 
k«»tae,  the  Harrirai  rm^  ^nfn^aUtw  fpym^,  the 
4riptkifwai  TOP  ^orapioo,  Ac,  possessing  this 
if7cii0»ia ;  hot  it  was  not  the  chief  business  of  any 
of  tkt  public  inagislwtes,  ereept  of  the  aivhons 
sM  perhaps  of  the  eleven.  The  chief  part  of  the 
ds^  ef  the  ibnner,  and  especially  of  the  thes- 
motiiftae,  eonsisted  in  reoeinng  accnsations  and 
bnaging  uaunea  to  trial  (skidtyviir)  in  the  proper 
(saits.    [Abgboh.] 

EISANOS'LIA  (cunryycAkX  signifies,  in  its 

fnnmarf  and  most  general  sense,  a  denmeiation  of 

UT  kind  tSrhfimann,  X>s  Cbmsfm,  p.  181),  bat, 

maeh  aisre  nsaally,  an  infennation  laid  befon  the 

osaKO  or  the  aasemUy  of  the  people,  and  the 

ciaBaqacnt  impeachment  and  trial  of  state  crimi- 

sais  at  Athens  aider  novel  or  extraordinary  cir- 

(jflatanees.      Among  these   were  the   occasions 

:i^  which  manifest  crimes  wera  alleged  to  have 

Wn  coannitted,  and  3ret  of  such  a  nature  as  the 

existing  laws  fai^  &iled  to  anticipate  or  at  least 

describe  specifically  (Itypa^  dSiie4fMnti)«  the  resak 

ef  vkick  omiasion  wonld  have  been,  but  for  the 

esactBient  by  which  the  accnsations  in  question 

ic^bt  be  pwfcfiod  {961MS  elawyytArix^s),  that  a 

pnaeoDtor  would  not  hare  known  to  what  magis- 

uate  to  apply  ;  that  a  magistmte,  if  ^plicd  to, 

cobU  Dot  with  safety  have  accepted  the  indictment 

crbRngfat  it  into  coort ;  and  that,  in  short,  there 

vould  hsre  been  a  total  fiulure  of  justice.      (Har- 

pectat.  9. 9.)    The  process  in  question  was  peeu- 

lariy  adsptad  to  supply  these  deficiencies ;    it 

panted  cat,  as  the  authority  competent  to  deter- 

oiae  the  criminality  of  the  alleged  act,  the  as- 

HniUy  of  the  people,  to  which  applicatians  for 

tfaa  parpose  might  be  made  on  the  first  bosiness- 

dajof  esdi  prytany  (c»p^  ixxkiiaia^  Uarpocnt.), 

«t  the  eoanei],  which  was  at  all  times  capable  of 

aodatsbng  sacfa  investigations ;  and  occasionally 

^  seeomtion  was  subnutted  to  the  cognizance  of 

M  these  bodies.    After  the  oifonce  had  been 

dcchied  pcaad,  the  forms  of  the  trial  and  amount 

of  the  panisfament  were  prescribed  by  the  same 

mthflrity ;  and,  as  upon  the  conviction  of  the 

e&iden  a  precedent  would  be  established  for  the 

^BBi  the  whole  of  the  proceedings,  although  ex- 

tofltdiDary,  and  not  or^jmating  m  any  specific 

hv,  any  be  eonndered  as  virtually  cstablisning  a 

pnal  Malate,  retrospective  in  its  first  application. 

(Lfcoig,  e.  LeoeraL  pi  149,  ed  Steph.) 

Tbe  speech  of  Roryptolemus  (Xen.  HelL  l  7. 
f^  jm,)  deariy  shows  that  the  crime  charged 
^UBlt  the  ten  generals  who  fought  at  Aigmusae 
«Mne  of  these  unspecified  offianoes.  The  decree 
^  tfae  Moata  agaiaat  Aatiphen  and  his  colleagues 
(Piat  FdtL  Dee.  OnUar.  p.  833,  e),  directing 
^  they  shsoid  be  tried,  and,  if  found  guilty, 
loahed  as  traators,  seems  to  warrant  the  infer- 
an,  that  their  delinquency  (vis.  having  under- 
tiken  an  embassy  to  Sparta  by  order  of  the  Four 
Ujodred,  a  government  declared  illegal  npon  the 
b  flf  the  democracy),  did  not  amount 


EISANOELIA. 


447 


to  treason  in  the  usual  sense  of  the  term,  but  re- 
quired a  special  deckration  by  the  senate  to  render 
it  c(^gnisable  as  such  b^  the  Heliaea.  Another 
instance  of  treason  by  implication,  prosecuted  as 
an  extiaordinary  and  unspecified  crime,  appears  in 
the  case  of  Leocrates,  who  is,  in  the  speech  already 
cited,  accused  of  having  absented  himself  from  his 
coonti^,  and  dropped  the  character  of  an  Athe- 
nian citixen  at  a  time  when  the  state  was  m  immi- 
nent danger.  Offences,  however,  of  this  nature 
were  by  no  means  the  only  ones,  nor  indeed  the 
most  numerous  class  of  those  to  which  extraordi- 
naiy  denunciations  were  applicable.  They  might 
be  adopted  when  the  charge  embiaeed  a  combina- 
tion of  crimes,  as  that  of  treason  and  impiety  in 
the  fimums  case  of  Alcibiades,  for  each  of  which  a 
common  indictment  (7^0^)  was  admissible,  when 
the  accused  were  persons  of  great  influence  in  the 
state,  when  the  imputed  crime,  though  punishable 
by  the  ordinaiy  laws,  was  peculiarly  heinous,  or 
when  a  more  speedy  trial  than  was  permitted  by 
the  usual  course  of  business  was  requisite  to  ac- 
complish the  ends  of  justice.  (Schtfmann,  Ds  Com, 
p.  190  ;  Harpocrat)  Circumstances  snch  as  these 
would,  of  course,  be  very  often  pretended  by  an  in- 
former to  excite  the  ^[renter  odium  against  the 
acoised,  and  the  adoption  of  the  process  in  ques- 
tion must  have  been  much  xtm^  frequent  than 
was  absolutely  necessary. 

The  firrt  step  taken  by  the  infiirmer  was  to  re- 
doee  his  denunciation  to  writing,  and  submit  it 
unmediately  to  the  cognisance  of  the  council, 
which  had  a  discretionary  power  to  accept  or  re- 
ject it.  (Lys.  c.  Nieom,  p.  185.)  Schdm&nn  main- 
tains that  a  reference  to  this  body  was  also  neces- 
sary when  it  was  intended  to  bring  the  matter 
before  the  assembly  of  the  people,   but  that  its 

rcy  was  in  such  cases  limited  to  permitting 
impeachment  to  be  announced  for  discussion, 
and  directing  the  proedri  to  obtain  a  hearing  for 
the  informer.  The  thesmothetae  are  also  men- 
tioned by  Pollux  (viii.  87)  as  taking  part  in  bring- 
ing the  matter  before  the  aasembly,  Imt  upon  what 
occaaion  they  were  so  employed  we  can  only  con- 
jecture. 

In  causes  intended  for  the  cognisance  of  the 
council  only,  after  the  reception  of  the  denuncia- 
tion, three  counes  with  respect  to  it  might  be 
adopted  by  that  body.  If  the  alleged  offence  were 
punishable  by  a  fine  ti  no  greater  amount  than 
five  hundred  drachnue,  the  council  itself  formed  a 
court  competent  for  its  trial ;  if  it  was  of  a  ataver 
character  they  might  pass  a  decree,  such  as  that  in 
the  case  of  Antiphon  already  mentioned,  directing 
the  proper  officers  to  introduce  the  cause  to  a  He- 
liastic  court,  and  prescribing  the  time  and  forms 
of  the  trial,  and  the  penalty  to  be  inflicted  upon 
the  conviction  of  the  criminals  ;  lastly,  if  the  mat- 
ter were  highly  important,  and  from  doubts  or 
other  reasons  they  required  the  sanction  of  the 
assembly,  they  might  submit  the  cause  as  it  stood 
to  the  consideration  of  that  body.  In  the  first 
case,  the  trial  was  conducted  before  the  council 
with  all  the  forms  of  an  ordinary  court,  and  if, 
upon  the  assessment  of  penalties,  the  offence  seem- 
ed to  deserve  a  heavier  punishment  than  fell  with- 
in its  competency,  the  trial  was  transforred  to  a 
Heliastic  court,  bv  tbe  delivery  of  the  sentence  of 
the  council  {Kcertaeyvwris)  to  the  thesmothetae  by 
the  scribe  of  the  pry  tones,  and  upon  these  ofilcers 
it  then  devolved  to  bring  the  criminals  to  justice. 


448 


EISANGELIA. 


(Dem.  e.  Timocr.  p.  720.)  The  accoted  were  in 
the  meanwhile  pot  into  prison  for  safe  custody  by 
the  authority  of  the  eounciL  When  the  offence 
was  obviously  beyond  the  reach  of  the  senate^s 
competency,  the  trial  was  dispensed  with,  and  a 
decree  immediately  drawn  up  for  submitting  the 
cause  to  a  superior  court. 

When  a  cause  of  this  kind  was  so  referred,  the 
decree  of  the  senate,  or  vote  of  the  peo|de,  asso- 
ciated other  public  advocates,  generally  ten  in  num- 
ber, with  the  informer,  who  received  a  drachma 
each  from  the  public  treasury  (avrtiyopoi).  And 
besides  these,  peimis8i<m  was  given  to  any  other 
citizen  to  volunteer  his  services  on  the  side  of  the 
prosecution.  If  the  information  were  laid  before 
the  assembly,  either  by  the  accuser  himself,  or  the 
senate,  the  first  proceedings  in  the  cause  had  for 
their  object  to  establish  the  penalty  of  the  offence, 
or  the  apparent  culpability  of  the  accused  ;  and  this 
being  decided  by  a  vote  of  the  people  after  a  public 
discussion,  the  mode  of  conducting  the  trial  and 
the  penal^  were  next  fixed.  In  the  case  of  the 
ten  generals,  the  assembly  directed  that  the  senate 
should  propose  the  requisite  arrangements.  The 
phm  of  the  senate,  however,  was  not  necessarily 
adopted,  but  might  be  combated  by  rival  proposals 
of  any  private  citizen.  The  assembly  very  often 
referred  the  mat|»r  to  the  Heliastic  courts,  but 
occasionally  undertook  the  trial  itself ;  and  when 
the  prisoner  was  accused  of  treason,  we  are  told 
(Xen.  L  0.)  that  he  made  his  defence  to  the  assem- 
bly in  chains,  and  with  a  keeper  upon  either  side  ; 
and,  according  to  another  authority  (Schol.  od 
Aridopk.  EccUt.  1081),  that  the  time  for  such  de- 
fence was  limited.  After  this  the  tribes  voted  by 
ballot,  two  urns  being  assigned  to  each  tribe  for 
this  purpose.  The  informer,  in  the  event  of  the 
prisoner  being  acquitted,  was  subjected  to  no 
penally  if  he  obtained  the  votes  of  as  many  as  n 
fifth  of  the  judges  ;  other wisca  he  was  liable  to  a 
fine  of  a  thousand  drachmae.  For  a  mora  ample 
discussion  of  the  trials  in  question  the  reader  is  re^ 
ferred  to  SchSmann  {D«  ComiUu,  c  iii). 

Besides  the  class  of  causes  hitherto  described, 
there  were  also  two  others  which  equally  bore  the 
name  of  eisangelia,  though  by  no  means  of  the 
same  importance,  nor  indeed  much  resembling  it 
in  the  conduct  of  the  proceediiigs.  The  first  of 
these  consists  of  cases  of  alleged  Kdtemrts^  t. «. 
wrong  done  to  aged  or  helpless  parents,  women, 
or  orphans.  Upon  such  occasions  the  informer 
Inid  his  indictment  before  the  archon,  if  the 
aggrieved  persons  were  of  a  free  Attic  &mi]y  ;  or 
before  the  polemarch,  if  they  were  resident  aliens. 
The  peculiarities  of  this  kind  of  cause  were,  that 
any  Athenian  citizen  might  undertake  the  accusfr- 
tiun  ;  that  the  informer  was  not  limited  as  to  time 
in  his  address  to  the  court,  and  incurred  no  penalty 
whatever  upon  fiiiling  to  obtain  a  verdict  With 
respect  to  the  accused  it  is  obvious  that  the  cause 
must  have  been  rifMiT6s^  or,  in  other  words,  that 
the  court  would  have  the  power  of  fixing  the 
amount  of  the  penalty  upon  conviction.  The  third 
kind  of  eisangelia  was  available  against  one  of 
the  public  arbitrators  (Suu-r^nif),  when  any  one 
complained  of  his  having  given  an  unjust  verdict 
against  him.  The  information  was  in  this  case 
laid  before  the  senate ;  and  that  the  magistrate 
who  had  so  ofiended,  or  did  not  appear  to  defend 
himself^  might  be  punished  by  d«firanchisement, 
we  know  from  the  instance  mentioned  by  Demot- 


EISPHORA* 

thenes  (c.  Meid.  p.  542. 14).  Thb  passsge,  W 
ever,  and  an  allusion  to  it  in  Harpocration,  ooa 
stitutes  the  whole  of  our  information  upon  tb 
subject  (Hudtwalcker,  Sber  die  DuUeL  p.  19 
Meier,  AU.  Proee$$,  p. 270.)  [J. & M] 

EISITE'RIA  i^knripui)^  sdL  Upi,  maihoc 
which  were  offered  at  Athena  by  the  senate  U 
fore  the  session  began,  in  honour  of  the  8««1  Bot 
Aoibi,  t.  e.  Zens  ai^  Athena.  ( Antiph.  De  Cioi 
p.  789  ;  Bdckh,  Corp.  JtucripL  I  p.  €71.)  Tb 
sacrifice  was  accompanied  by  libations,  snd  \ 
common  meal  for  all  the  senators.  (Demosth.  B 
FaU.  Leg,  p.  400.  24 ;  compered  with  e,  Mk 
p.  552.  2,  where  clo-xr^a  are  said  to  be  o&ra 
for  the  senate,  ihrip  r^f  /SovAifs). 

Suidas  (s.  o.)  calls  tJie  ciVrr^pta  a  festive  dsr- 
the  first  of  every  year — on  which  all  the  Athmar 
magistrates  entered  upon  their  office,  and  on  wiiiel 
the  senate  offered  up  sacrifices  for  the  poipose  ol 
obtaining  the  goodwill  of  the  gods  for  the  of« 
magistrates.  But  this  statement,  as  well  as  th< 
further  remarks  he  adds,  seem  to  have  arisen  frm 
a  gross  misunderstanding  of  the  paassge  of  Demoi- 
thenes  {De  FaU.  Leg.  pw  400),  to  which  be  re£ea 
Sch5mann  {De  OomH.  p.  291,  tiansl.)  adopti  tiie 
account  of  Suidas,  and  rejecta  the  other  statesuait 
without  giving  any  reason.  [L.  &] 

EI'SPHORA  (c2<r^opciX  Htenlly  a  contribotion 
or  tribute,  was  an  extraordinary  tax  on  propnrtT, 
raised  at  Athens,  whenever  the  means  of  the  stite 
were  not  sufficient  to  cany  on  a  war.    The  mooer 
thus  raised  was  sometimes  called  tA  caraCX^Ta. 
(Demosth.  c  Timocr.  p.  731.)     We  must  carefoiir 
distinguish   between    this    tax    and  the  vanooi 
liturgies  which  consisted  in  personal  or  diivct  ao^ 
vices  which  citizens  had  to  perform,  whereu  ih« 
•Ur^opd  consisted  in  paying  a  certain  oootribetioQ 
towards  defnying  the  expenses  of  a  war.    Some 
ancient  writers  do  not  always  clearly  distiognnh 
between  the  two^  and   Ulpian  on  Demoitheoes 
(Olgntk.  iu  p.  33,  e.)  entirely  oonfiMuds  tliem ;  ini 
it  is  partly  owing  to  these  inaccuracies  that  thii 
subject  is  involved  in  great  difficulties^    At  the 
time  when  armies  consisted  only  of  Athenisn  ati- 
sens,  who  equipped  themselves  and  served  vithoot 
pay,  the  military  service  was  indeed  nothii^  bat  a 
species  of  extraordinary  liturgy  ;  but  when  ma- 
cenaries  were  hired  to  perform  the  dntieioftbe 
citizens,  when  wars  became  more  ezpeniiTe  and 
frequent,  the  state  was  obliged  to  levy  cootnbB- 
tions  on  the  citizens  in  order  to  be  aUe  to  giitt 
them  on,  and  the  citizens  then  paid  mooej  iv 
services  which  previously  they  had  perfenneif  in 
person. 

It  is  not  quite  certain  when  this  property-tex 
was  introduced  ;  for,  although  it  is  oomnionly  to- 
ferred,  from  a  passage  in  Thucydides  (iii.  19),  tbat 
it  was  first  instituted  in  428  b.  a  in  order  to  de- 
fray the  expenses  of  the  siege  of  Mytilette,  yet  ve 
find  tiff^ofMi  mentioned  at  an  earlier  period.  (See 
Antiph.  Teiral.  L  6.  c  12  ;  Isaeua,2>s/>MBay.  &  37 ; 
and  Tittmann,  GrieeL  Siaatso.  pw  41,  note  31); 
and  even  the  passage  of  Thucydides  sdmiti  of  aa 
interpretation  quite  in  accordance  with  tfaii,  for  it 
is  certainly  not  impossible  that  he  m^y  meent  to 
say,  that  so  large  an  amount  as  200  tslenti  M 
never  before  been  raised  as  eitr^opi.  Bot,  how- 
ever this  may  be, after  the  year  428  b.c.  this pn- 
perty-tax  seems  to  have  frequently  been  nmi,^* 
a  few  years  afterwards,  Aristophanes  {RpU.^^ 
sneaks  of  it  as  aomethiqg  of  oommon  ocmnvnoe. 


EISPHOIL^. 

«k  a  cralribatioa  eould  neTer  be  railed  witboot 
decree  of  tbe  people^  who  a]ao  fixed  npon  tbe 
ainit  leqoind  (Demosth.  e.  PobfoU  ^  1208 ; 
^nstopk.  Eeekt.  818)  ;  tbe  geocnls  mpeniiteDded 
3  cdkctko,  and  presided  in  tbe  oourto  when 
npaleseoniiected  with,  or  ariaing  firam,  the  levy- 
^  of  Uk  tax  woe  settled.  (Wol^  ProUg.  m 
:^  pi  94;  Demosth.  c  Bsaot  pi  1002.)  Such 
Ikpcta  Mem  to  bare  occurred  imUier  freqneotly  ; 
iawual  eanutr  not  addom  induced  the  offieen  U> 
u  penoDs  higher  than  waa  Uwfol^  aceording  to 
ikd  inoost  of  their  property.  (Ariatoph.  Le.; 
DesHstiL  cApkob.  pw  815.)  The  umal  expfea- 
1^89  &r  pajing  thia  property-tax  are :  •Ur^ipttM 
l[p^Rt^  wr^^iw  CCS  rhm  w6K€fu»j  c2f  rifw  am- 
rr piar  r^s  vdXffws  cur^op^  cmt^^iv,  and  those 
vbo  (aid  it  were  called  oi  c2o'^povrcf.  On  the 
Eoastra  mmtioned  by  Thncydides,  the  amount 
v^h  «ai  wed  wna,  aa  we  have  seen,  200 
&lata«  wkieh,  if  we  aoppoae  the  taxable  property 
;>>  kve  been  20,000  talenta,  was  a  tax  of  one  per 
nr.L  (Bodh,  PmU.  Eeou.  pw  520,  2d  edit)  On 
o^^r  oocanou,  the  rates  were  higher  or  lower,  ac- 
M^  to  the  wants  of  the  repablic  at  the  time  ; 
n  kre  aceoanta  of  mtea  of  a  twdfkh,  a  fiftieth,  a 
iinBlndth,  aad  a  fire  hundredth  part  of  the  tax- 
ule  property. 

The  eawH  of  Solon  waa  daring  the  first  period 

^  stadaid  according  to  which  the  cur^opd  waa 

laiKi  oBtil  m  377  ja.  CL,  in  the  archonship  of 

Kauinieaa,  a  new  censos  was  instituted,  in  which 

^e  people,  for  the  pnrpooe  of  fixing  the  rates  of 

t^  propeitj-tax,  were  divided  into  a  number  of 

ircoDonse  {nptjupiat)  or  classes,  similar  to  those 

vbkh  wen  afterwarda  made  for  the  trierarehy. 

{^^l(xkapuiffarpoeraL  a.e.  2vt»fU)pia ;  Demosth. 

c.  iWnt  p,606  ;  Ulpian,  ad  DenuuOu  O^mik,  il 

P-  3^  ^)    The  nature  of  this  new  census,  not^ 

w^t^sttndiiig  the  minute  investigation  of  Bdckh 

(P^fiooa.  book  iy),  ia  atill  invoWed  in  great  ob- 

Kmtjf.    Eieh  of  the  ten  phylae,  according  to 

rijKu,  t^jpointed  120  of  its  wealthier  citiiens, 

v\tt  veie  diTided  into  two  parts,  according  to  their 

property,  called  lymmoriae,  each  consisting  of  sixty 

&noa« ;  aad  the  membera  of  the  wealthier  of  the 

tTft  syvBoriae  were  obliged,  in  cases  of  urgent 

}>Kaiitj,  to  advaaoe  to  the  leas  wealthy  the  sum 

i^^Qired  for  the  w^opd  (irpo€ur^opd^  Demosth.  e. 

MuL  p,  564,  Ac).    When  the  wants  of  the  state 

bad  Wen  thos  npplied,  those  who  had  advanced 

tbe  BkODer  eonld  at  their  ease,  and  in  the  usual 

^Ti  exact  their  money  back  £rom  those  to  whom 

%  lad  idisBced  iL     The  whi^  number  of  per- 

»» indsded  in  the  symmoriae  was  1200,  who 

*«»  ccondeted  as  the  representatives  of  the  whole 

'T^ :  it  wonld,  however,  aa  Bdckh  justly  ob- 

*^  be  abgord  to  suppose  with  Ulpian  that 

^  1200  alone  paid  the  property-tax,  and  that 

^^  tbe  Rit  vcfe  exempt  from  it      The  whole 

»niQsof  6000  (DemostL  De  Symmor.),  or  more 

»f«raiely  rfs75o  talents  (Polyb.  ii  62.  §  7),  was 

*^7  Ml  the  property  of  1200  citizens,  but  the 

•^  pnrperty  of  tbe  whole  republic.    Many 

"^  tiiQ^ii^  though  their  property  was  smaller 

j  «*}iat  of  the  1200,  must  have  contributed  to 

^  n^f^and  their  property  must  be  considered 

» iadaded  ia  the  census  of  5750  talenU  of  tax- 

The  body  of  1200  was,  according  to  Ulpian,- 
*»  ifided  into  four  ckasea,  each  consisting  of 
"iv-   The  iim  cbM,  or  the  richest,  wore  the 


EISPHORA. 


419 


leadeit  of  the  synmioriae  (iryt/Up^s  avfifwpimif% 
aad  an  often  ealled  the  three  hundred  mrr^  Hoxhf. 
They  probably  oondncted  the  proceedings  of  the 
symmoriae,  and  they,  or,  which  is  more  likely,  the 
demarehs,  had  to  value  the  taxable  property.  Other 
offioen  were  appointed  to  make  out  the  lists  of  the 
rates,  and  were  called  ^rypo^o,  Siirypa^cr,  or 
iKkBTYM.  When  the  wants  of  the  state  were 
passing,  the  800  leaders,  perhaps  in  eonnectioa 
with  the  300  included  in  Uie  second  dass — for 
Ulpian,  in  the  first  portion  of  his  remark,  states 
that  the  richer  symmoria  of  every  phyle  had  to 
perform  this  duty  —  advanced  the  money  to  the 
othen  on  the  above-mentioned  terms  (Demosth.  t. 
Pkasmipp.  p.  146),  which,  however,  was  never 
done  unless  it  was  decreed  by  the  peo|de.  (Demosth. 
&  PolyeL  p.  1209.)  The  rates  of  taxation  for  the 
four  elassea  have  been  made  out  with  great  proba- 
bility by  BSckh  (PuU.  Eeom,  p.  519,  2d  editX 
from,  whose  work  the  following  teble  is  taken :  -^ 

Pint  dost,  firom  iwelw  talmt$  tqntanU, 
Frepertj.    Tualile.  Twc^ile  GapltaL        onSSbfiS. 
500taL    .    i    .     lOOtaL    .    .    .        5  taL 
100   „      .    i    .      20   „      .    .    .         1    „ 
&0   M     •    i    •       10  „      .    .    .      80min. 
l^w'T*         8„...         9„ 
12   M     •    i    •        2taL24min.      720  drach. 

Second  Cht$^  from  «ur  talenU  amd  ttpwardi,  hut 

under  ivoelvo, 
Prapertjr.   TazaUa.        •ItoWe  Ch^UO.  Jj^gf;^ 
UtaL     .    i 
10  „      .    i 
8  „      .    * 
7   n     .    * 
6  n      .    * 
Vdrd  CKoss,  firm  two  talmia  upwardsj  but  under 

aijt. 
Praperty.    TaxaUft    Taxable  CapltaL      SlSS'^ 
5   taL     .    ^     .     37^  min.    .     .     187^  drachm 
4      „     .    i     .     80      „      .    .     150       „ 
8      ,,     .    i     .     22^    „      .    .     112i     „ 
2i    „     .    i     .      18^    „      .    .      93i     „ 
2     „     .    i     .      15      „      .    .      75       „ 

Pomrth  Cfass,  frrm  iweuty-fioe  minae  upward*^  but 
under  hoo  talents. 

Property.    TaxrfOe.  Ttaable  Capttsl.       onSSh'iS^i 
Utal    .    1^    .     900  drach.     .    .     45  dracb. 
1     .      .    Vff    .     600      ,        ••22," 
45  mm.    .    t^^    .     450      „        .    .     22^    „ 
30    „     .    T^ff    .     800      „        .     .     15      „ 
25     „      •    T^    .    250      „        .    .     12*    „ 

EveiT  one  had  to  pay  his  tax  in  the  phyle 
where  his  huided  property  lay,  as  appears  from 
the  oration  of  Demosthenes  against  Polycles  ;  and 
if  any  one  refused  to  pay,  the  state  had  a  right  to 
confiscate  his  estate,  but  not  to  punish  the  indi- 
vidual with  atimia.  (Demosth.  &  Androt,  p.  609, 
e,  Timoerat.  p-  752.)  But  if  any  one  thought  that 
his  property  was  taxed  higher  than  that  of  another 
man  ou  whom  justor  claims  could  be  made,  he  had 
the  right  to  call  upon  this  person  to  take  the  office 
in  his  stead,  or  to  submit  to  a  complete  exchange 
of  property.  [Antidosis.]  No  Athenian,  on 
the  other  hand,  if  belonging  to  the  tax-paying 
dasses,  could  be  exempt  from  the  clo-^opd,  not  even 
the  descendants  of  Ibrmodius  and  Aristogiton. 


.      1  taL 

50  min.     550  drach. 

.       1    n 

40    „       500     „ 

.       1    ^ 

20    „       400     „ 

.       1    . 

10    „       850     „ 

.       1    n 

...    300     „ 

m 


ELECTRUM. 


(Dcmostli.  c,  Leptin,  p.  462,  &c)  Orpbaiu,  though 
exempt  from  litoigies,  were  ohliged  to  pay  the  pro- 
perty-tax, as  we  Bee  in  the  instance  of  Demoathe- 
neB,'who  waa  one  of  the  leaders  of  the  symmoriae 
for  ten  years  (<;.  Mid.  p.  565 ;  compare  Isaeos, 
ap.  Dionys.  Isaeus,  p.  108  ;  or  Orat.Crraee.  toLtil 
p.  331,  ed.  Reiske).  Even  trierarchs  were  not 
exempt  from  paying  the  tUr^fopd  themselres, 
although  they  oonld  not  be  oompdled  to  pay  the 
irpo^tatpopd.  (Demosth.  e.  Polyd,  p.  1209,  cPhaa- 
mpp.  p.  1046.)  It  seems  that  aliens  were  likewise 
subject  to  it,  for  the  only  instance  we  have  of  any 
exception  being  made  is  one  of  aliens.  (Mann. 
Oxon.  ii.  xxiT. ;  B5ckh,  PubL  Boon.  p.  538.) 

For  further  information  concerning  the  subject 
of  the  ttffipopdj  see  the  fourth  book  of  Bockh^s 
Public  Economy  of  Athens;  Wolf,  ProUgomma 
in  lAiptin, ;  Wachsmuth,  Hdlen.  AUerth,  vol.  ii. 
p.  98,  2d  edit ;  Hermann,  Pol.  Ant  of  Gresce, 
§162.  [L.S.] 

ELAEOTHE'SIUM.  [Balnkas,  p.  190.] 
ELAPHEBO'LIA  (ikaulni€6\ia\  the  greatest 
festival  in  the  town  of  Hyampolis,  in  Phocis,  which 
was  celebrated  in  honour  of  Artemis,  in  commemo- 
ration, it  is  said,  of  a  victory  which  its  inhabitants 
had  gained  over  the  Thessalians,  who  had  ravaged 
the  country  and  reduced  the  Phocians  in  the 
neighbourhood  of  the  town  nearly  to  the  last  ex- 
tremity. (Plut.  De  Mul.  Viri.  p.  267  ;  Pans.  x. 
35.  §  4.)  The  only  particular  which  we  know  of 
its  celebration  is,  that  a  peculiar  kind  of  cake 
(iKa^s)  was  made  on  the  occasion.  (Atben.  xv. 
p.  646.)  These  cakes  were,  as  their  name  indi- 
cates, probably  made  in  the  shape  of  a  stag  or 
deer,  and  offered  to  the  goddess.  The  festival  of 
the  elaphebolia  was  also  celebrated  in  many  other 
parts  of  Greece,  but  no  particulars  are  known. 
(Etymol.  Magn.  s.  v.  *E\a^o\u&K)  [L.  S.] 
ELAPHEBO'LION.  [Calhndarium.] 
ELECTRUM  (liK^icrpos  and  flXtierpoy),  is 
used  by  the  ancient  writen  in  two  different  senses, 
either  for  amber  or  for  a  mixture  of  metals  com- 
posed of  gold  .and  silver.  In  the  former  sense,  it 
does  not  come  .within  the  scope  pf  this  work,  ex- 
cept as  a  substance  used  in  the.  arts,  and  also  on 
account  of  the  difiiculty  of  deciding,  wjth  respect 
to  several  of  the  passages  in  which  thcT  word 
occurs,  in  which  of  the  two  senses  it  is  used.  If 
we  could  determine  which  was  first  known  to  the 
Greeks,  the  mineral  or  the  metal,  the  subject 
would  be  simplified  ;  but  the  only  means  we  have 
of  determining  this  question  is  the  slight  internal 
evidence  of  a  few  passages  in  Homer.  '  If,  as  we 
shall  endeavour  to  show,  those  passages  refer  to 
amber,  a  simple  explanation  of  the  twofold  use  of 
the  word  suggests  itself ;  namely,  that  the  word 
originally  meant  amber,  and  that  it  was  afterwards 
applied  to  the  mixed  metal,  because  its  pale  yellow 
colour  resembled  that  of  amber.  Etymologically, 
the  word  is  probably  connected  with  1ik4icTup,  the 
sun,  the  root-meaning  being  brilliant.  (Pott,  Etym. 
Forsch.  pt.  i.  p.  237  :  this  derivation  was  known  to 
Pliny,  //.  N.  xxxviu  2.  s.  11;  Buttmann^s  deriv- 
ation from  c\icai,  te  draw,  is  objectionable  both  on 
philological  and  historical  grounds:  the  attractive 
power  of  amber,  when  rubbed,  is  said,  and  no 
doubt  correctly,  to  have  been  discovered  long  after 
the  mineral  was  fii-st  known.) 

The  word  occurs  three  times  in  Homer  ;  in  two 
coses  where  mention  is  made  of  a  necklace  of  gold, 
bound,  or  held  together,  ^kiierpounv^  where  the 


ELECTRUM. 

plural  is  almost  alone  sniEcient  to  prove  thst 
meaning  is,  with  amber  heads.  {Od.  xv.  460,  r 
295.)  In  the  former  passage  the  neckJsce 
brought  by  a  Phoenician  merchant  The  at 
passage  is  in  the  description  of  the  palace  of  1 
nelans,  which  is  said  to  be  ornamented  with 
brilliancy  of  copper  (or  bronxe)  and  gold,  : 
electrum,  and  silver,  and  ivoiy.  {Od.  iv.  ] 
Now,  since  the  metaUie  electmm  was  a  mixton 
gold  vnth  a  small  portion  of  silver,  the  enizmi 
tion  of  it,  as  distinct  from  gold  aikl  aSver  vc 
seem  almost  superfluous  ;  also,  the  suppodtioo  t 
it  means  amber  agrees  very  well  with  the  sal 
quent  mention  of  ivoiy :  moreover,  the  ord>i 
the  words  supports  this  'View ;  for,  applving 
them  the  principle  of  parallelism,  —  iHbidi  ii 
common  in  early  poets,  and  among  the  rest 
Homer,  —  and  remembering  that  the  Homeric  I 
is  really  a  distich  divided  at  the  caesuia,  re  k 
gold  and  amber  very  i^tly  contrasted  with  «7 
and  ivory  : 

Xfvtrov  r*  ^Xlrrpov  re 
icol  hpyifpov  ^8*  ixi^ams. 

In  this  last  passage,  Pliny  understood  the  r<i 
to  mean  the  metallic  electnun  {H.  N.  xxiiii. 
s.  23)  ;  but  his  authority  on  the  meaning  of  a  pc 
sage  of  Homer  is  worthless :  and  indeed  the  Ui 
writen  seem  generally  to  have  nndentood  t 
word  in  the  sense  of  the  jnetal,  nther  than 
amber,  for  which  they  have  another  word,  a 
cinwm.  In  Hesiod^  description  of  the  ihield 
Hercules  (▼.  141),  the  word  again  occsn,  a: 
we  have  gypsum^  and  tokiie  ivory,  and  dtetm 
connected  with  ahitmiff  gold  and  cyamu,  vbei 
amber  is  the  more  natural  interpretatian ;  althonj 
here  again,  the  Roman  imitator,  Viigil,  erideoiJ 
understood  by  it  the  metal  (Aen.  viiL  40*2.)  f  > 
the  discussion  of  other  passages,  m  which  tr 
meaning  is  more  doubtful,  see  the  Lexicons  i 
Liddell  and  Soott,  and  S^er  and  Jacobiti.  an 
especially  Buttmann^  Mytkologns,  Sapp.  1*  l^ 
das  Electron,  voL  ii  pp.  337,  foil 

The  earliest  passage  of  any  Greek  vriter,  \ 
which  the  word  is  certainly  used  for  the  metal  i 
in  the  Antigone  of  Sophocles  (1038),  where  m 
tion  is  made  of  Indian  gold  and  the  da:tnn  c 
Sardis,  as  objects  of  the  highest  value.    There  a 
be  little  doubt  that  what  is  here  meant  m  the  pt' 
gold  deposited  by  certain  riven  of  Asia  Um 
especially  the  Pactolus,  which  contained  s  «m 
derable  alloy  of  silver.     We  have  here  sn  esun 
of  native  electrttm;    but  the  compoond  wv« 
made  artificially.     Pliny  states  that  when  gl 
contains  a  fifth  part  of  silver,  it  is  called  dedrm 
that  it  is  found  in  veins  of  gold;  sndthaxtfi 
also  made  by  art :  if,  he  adds,  it  conttuoi  ni 
than  a  fifth  of  silver,  it  becomes  too  btitile  to  1 
malleable.    Amonff  its  properties  an,  aeeordmfi 
the  same  author,  the  reflecting  the  light  of  a  IsJ 
more  brightly  than  silver,  and  that  a  cop  of  oai 
electmm  detects  the  presence  of  poimo  ^^ 
signs.    One  cannot  but  suspect  that  the  lait  in 
ment  is  copied  firom  some  Greek  writer,  who  ma 
it  respecting  amber,  on  account  of  the  ^^^ 
perty  that  used  to  be  attributed  to  opsL   ("" 
If.  N.  xxxuL  4.  s.  23,  with  Harduinl  note;  coo 
ix.  60.  s.  65  ;  Pans.  ▼.  12.  §6.)    I«don»ai»J 
tinguishes  the  three  kinds  of  elect^JB^  wnfj 
(1)  amber ;  (2)  the  metal  f«a»<i  »  *?  f!! 
state  ;  (3>  the  metal  artificially  compo^l  of  w 


£LEPHAS. 

pezts  at  gcdd  sad  €me  of  sflrer,  pitipairtkiins  differ- 
ing ftam.  those  mentioned  by  Plinj.     (laid,  zri 

Qertnm  w  used  fior  pkite,  and  tHe  other 
iimilar  pBuweee  for  wiiicli  g<dd  and  iQyer  wen 
aspSojed.  It  vaa  alao  used  u  a  materiai  for 
noner.  I^mpridina  tdb  na,  that  Alexander 
SercTH  itnick  eoina  of  it ;  and  coins  are  in 
ez3stcQce»  of  this  metal,  ttnick  by  the  kings  of 
BoiparaB,  by  Syiacnse,  and  by  other  Greek 
fates.  (Eckhel,  DoeL  Nnm,  VeL  toI  L  pp.  xxir. 
xrr.)  [P.S.] 

E  LEPHAS  {iki^cay  As  we  have  to  speak 
«f  iruy  chiefly  in  ooonectiim  with  Greek  art,  we 
pl^ce  what  we  hare  tb  say  of  it  under  its  Greek 
roaw,  in  piefierence  to  the  proper  Latin  word 
Ebur.  {Ekpkamtm  is  also  used  in  poetry  for 
irorv  ;  Viig.  G^org.  iii,  26,  Aen,  iii,  464,  vi,  896.) 
In  die  eariy  writers,  such  as  Homer,  Hesiod,  and 
Piatbz;  the  word  innuriably  means  toory,  nerer  the 
tiefkaai:  jnst  because  the  Greeks  obtained  irory 
\gj  oomerce  kng  before  they  erer  saw,  or  had 
otcsBioa  to  speak  o^  the  animal  £rom  which  it  was 
obsuned.  But,  on  the  otba  hand,  there  can  be 
■e  doubt  that  the  word  ehfmologieaUy  signifies  the 
sciicai,  being  identical  with  the  Hebrew  and 
Arabic,  Akpk  and  Eirf^  which  means  an  ox  or 
•ther  large  giamiBiTORNis  animal ;  that  is  to  say, 
the  Greeks  reeeired  the  nbtUmet^  ivory,  together 
viih  the  name  of  the  animal  which  produces  it,  and 
natandly  applied  the  hitter  to  the  former.  (Re- 
specting the  name  see  further  LiddeU  and  Scott^ 
Laiem,  and  Pottts  Etynu  FonA,  pt  l  p.  IzzzL) 
HerodotoB,  as  might  be  expected  from  his  researches 
ia  Alia  and  Africa,  knew  that  irory  came  from 
the  teeth  of  the  c^hant  (iv.  191  ;  Plin.  H.  N. 
via.  3.  s.  4)  ;  while  on  the  other  hand  writers  as 
Istess  Juba  (Plin.  L  e.)  and  Pausanias  (t.  12.  s.  1.) 
ML  into  Ae  mistake  of  regarding  the  tusks  as 
Wns. 

The  earliest  mention  of  iToiy  in  a  Greek 
vnter  is  in  a  passage  of  the  Hiad  (▼.  583),  where 
h  appears  as  an  ornament  for  harness  (^Hs  Kwiit 
A^tarri).  Inthe  Odyssey  its  use  as  an  artide  of 
Iqxibt  is  so  often  refened  to,  that  it  is  needless  to 
esmmnafee  the  passages,  which  pnnre  how  exten- 
BTdy  the  Phoenician  traders  had  introduced  it 
iDto  the  Oieek  cities  of  Ana  Minor,  and  no  doubt 
abo  iato  Greece  Proper.  It  appeara  among  the 
onaamto  of  booaea,  fomitnre,  ressels,  annour, 
hanKsa,  and  ao  forth.  Neither  ia  there  any  oc- 
canoo  to  trace  its  continued  uae  among  the  Greeka 
aod  Romana,  down  to  the  luxurioua  and  expensive 
period  of  the  empire,  when  the  supply  furnished  by 
iBcreased  commerce  was  greatly  enlarged  by  the 
prodigious  qoantity  of  elephants,  which  were  pro- 
Tid«d  for  the  slaughteiB  of  the  amphitheatre.  It 
vas  ued,  not  only  as  an  ornament  for,  but  as  the 
atin  material  of  chain,  beds,  footstools,  and  other 
funitme,  statues,  ifaites,  and  the  frames  of  lyres, 
besides  many  other  objeeta. 

The  most  important  application  of  ivory  was  to 
VQfks  of  srt,  and  especially  to  those  statues  which, 
bdsg  eompoeed  of  gold  and  ivory,  were  called 
duyidephnitine  (xf^o'cAe^drrira). 

Tbe  art  of  chryaelephantine  statuary  must  be 
regarded  as  a  distinct  subdivision,  different  from 
ctttbg  in  Isonae,  and  scolpturing  in  marble,  and 
indeed  more  nearly  connected  with  carving  in 
vood,as  ia  even  indicated  by  the  application  of  the 
name  l^ara  |o  tbemafter  wodcsin  this  art  (Strab. 


ELEPHAa 


451 


▼iii.  p.  S72).  While  the  sculptor  wrenght  at 
once  upon  a  material,  which  had  been  compant* 
tively  neglected  in  the  early  stages  of  art,  on  ac« 
count  of  the  difficulty  of  working  it,  while  the 
statuary  reproduced  in  a  more  durable  substanee 
those  forms  which  had  been  first  moulded  in  a 
phkstic  material,  another  dass  of  artists  developed 
the  capabilities  of  the  other  original  branch  of 
sculpture,  carving  in  wood,  which,  on  account  of  its 
facility,  had  been  the  most  extensively  practised 
in  early  times,  especially  for  the  statues  of  the 
gods.  (Comp.  Statu  ARIA,  and  DicL  of  Biqg.  art 
Baedalvg.)  The  rude  wooden  images  were  not 
only  improved  in  form,  but  elaborately  decorated, 
at  first  with  eolours  and  real  drapery,  and  after- 
wards with  more  costiy  materials.  The  first  great 
atep  in  their  improvement  waa  to  make  the  parta 
which  wen  not  covered  by  drapery,  namely  the 
face,  handa,  and  feet,  of  white  marble ;  such  statues 
were  called  acroUiks,  The  next  was  to  substitute 
plates  of  ivory  for  the  marble  ;  and  the  further  im- 
provement, the  use  of  beaten  gold  in  place  of  real 
drapery,  oonstitut'^d  the  ekryteiephamtmt  ttaiuet. 
This  art  was  one  of  those  which  have  attained  to 
their  perfection  almost  as  soon  as  they  have  re- 
ceived their  first  development  There  were  some 
works  of  this  description  before  the  time  of  Phei- 
dias*  ;  but  the  art,  properly  regarded,  was  at 
once  created  and  perfected  by  him  ;  and  the  reason 
for  its  immediate  perfection  was,  that  the  artist 
was  prqmied  for  his  work,  not  only  by  his  genius, 
but  also  by  a  perfect  knowledge  of  the  artistic 
laws,  and  the  technical  processes,  of  all  the  other 
departments  of  his  art 

Chryselephantine  statuary,  as  practised  by  Pbei- 
diaa,  combined,  in  addition  to  that  perfection  of 
form  which  characterised  all  the  great  works  of 
the  age,  the  elements  of  colossal  grandeur,  exqui* 
site  befuity  and  delicacy  of  material,  and  the  most 
rich  and  ebborate  subsidiary  decorations.  The 
general  effect  of  his  Zeus  or  Athena  was  that  of 
the  most  imposing  grandeur  and  the  most  perfect 
illusion  to  which  art  can  attain.  In  a  bronxe  or 
marble  statue  the  material  at  once  dispels  the 
illusion  of  reality ;  but  the  impression  produced 
upon  a  spectator  by  the  soft  tints  of  the  ivory,  the 
coloured  eyes  and  the  golden  robe  of  the  Glympian 
Zeus,  to  lay  nothing  of  the  expression  of  the  fea- 
tures and  the  figure,  was  almost  that  of  looking 
upon  the  proetena  aamea.  These  'statues  wen  the 
highest  efibrts  ever  made,  and  probably  that  ever 
can  be  made,  to  invest  a  religion  of  idolatry  with 
an  external  appearance  of  reality  ;  and  for  the 
sake  of  this  immediate  effect  the  artist  was  willing 
to  forego  the  beting  fame  which  he  would  have 
obtainMl  if  he  had  executed  his  greatest  works  in 
a  more  durable  material. 

The  most  celebrated  chryselephantine  statues  in 
Greece  and  the  Greek  states  were  those  of  Athena 
in  the  Acropolis  of  Athens,  of  Zeus  at  Olympia,  of 
Asclepius  at  Epidaurus,  all  tbree  by  Pheidias ; 
the  Hera  near  Argos  by  Polycleitus  (whose  works 
in  this  department  aro  esteemed  by  some  the  moat 
beautifol  in  existence,  thouffh  others  considered 
them  far  inferior  to  those  of  Pheidias :  comp.  Strab. 
viii  p.  372  ;  QumtiL  xii.  10) ;  the  Olympian  Zeus, 


*  Mention  is  made  of  chryselephantine  statues 
by  Doiydeides,  Theocles,  Medon,  Canachus,  Me- 
naechmua,  and  Suidas.  (See  the  artides  in  the 
DicL  qfBioff.) 

0  0  2 


452 


ELEPHA& 


•et  np  at  Daphne  hj  AntioGhiis  IV.,  in  imitation 
of  that  of  Pheidiaa  ;  certain  statnea,  in  the  temple 
of  Zens  Olympioa  at  Athena,  which  are  praiaed, 
bnt  not  apecified,  by  Pannniaa:  and  eyen  some  of 
the  Greek  kinss  of  the  conquered  statea  of  Aaia 
anrogated  to  themflelvea  this  highest  honoor  that 
the  piety  of  earlier  times  coold  pay  to  the  gods  ; 
fat  Pansanias  saw,  in  the  temple  of  Zens  at 
Olympia,  an  ivory  statue  of  king  Nioomedes  (▼. 
12.  §  5).  The  chief  of  the  above  works  are  fully 
described  in  the  DieUomary  of  Biographgy  artSL 
PkadiMy  PolydeUmt, 

The  question  respectmg  the  mechanical  ezecQ> 
tion  of  chryselepluuitine  statues  involves  certain 
difficulties,  which  have  been  very  elaborately  and 
ingeniously  examined  by  Qnatron^  de  Qnincy, 
in  his  splendid  work  entitled  "  Le  Jupiter  Olym- 
pien,  ou,  l^Art  de  la  Sculpture  Antique,  consid^r^ 
sous  un  nonveau  point  de  vue:**  &c.  Paris,  1815, 
folio.  A  very  slight  consideration  of  the  material 
employed  will  show  the  nature  of  the  difficulties. 
From  a  log  of  wood  or  a  block  of  marble  the  re- 
quired figure  can  be  elaborated  by  cutting  away 
certain  portions :  clay  can  be  moulded,  and  bronze 
or  plaster  cast,  in  the  fikrm  previously  determined 
on :  but  the  material  for  an  ivory  statue  is  pre- 
sented in  pieces  which  must  be  made  to  assume  an 
entirely  new  form  before  the  woik  can  be  com- 
menced. Now  De  Quincy  supposes  that  the 
ancients  possessed  the  art,  now  lost,  of  cutting  the 
curved  parts  of  the  elephants  tusk  into  thin 
plates,  varying  in  breadth  up  to  12  or  even  20 
inches,  and  bending  them  into  the  exact  curves 
required  by  the  various  parts  of  the  figure  to  be 
covered.  These  plates,  having  been  brought  to 
their  proper  forms  by  comparison  with  a  model,  on 
which  each  of  them  was  marked,  were  placed  upon 
the  core  of  the  statue,  which  was  of  wood, 
strengthened  with  metal  rods,  and  were  fiutened 
to  it  and  to  each  other  chiefly  by  isinglsM  ;  and 
of  conne  the  whole  surfiice  was  polished.  (An 
excellent  account  of  the  process,  according  to  De 
Qaincy*s  views,  is  given  in  the  work  entitled 
Menofferiesj  voL  ii.  c.  13.)  The  ivory  was  used 
for  the  flesh  parts,  that  is,  in  the  colossal  statues 
of  the  deities,  the  fiice,  neck,  breast,  arms,  hands, 
and  feet  The  other  parts  of  the  wooden  core 
were  covered  with  thin  beaten  gold,  to  represent 
the  hair  and  drapery,  which  was  affixed  to  the 
statue  in  such  a  manner  as  to  be  taken  off  at  plear 
sure,  as,  ultimately,  it  was.  The  gold  was  in 
many  places  embossed  and  chased;  and  colours 
were  freely  employed.  The  eyes  were  formed 
either  of  precious  stones  or  of  coloured  marbles. 
To  preserve  the  ivory  from  injury,  either  from  too 
much  or  too  little  moisture,  oil  was  poured  over  it 
in  the  first  case,  water  in  the  second.  (Comp. 
Diet,  ofBiog,  artPhmdicu,  and  Miiller,  Arck.  d. 
Kunst^  §  312.)  The  prodigious  quantities  of  ivory 
required  for  these  works  were  imported,  in  the 
time  of  Pheidias,  chiefly  from  Africa.  (Hermipp. 
ap.  Aih.  i.  p.  27.) 

The  other  uses  of  ivory  in  the  arts  were  chiefly 
the  making  of  statuettes  and  other  small  objects, 
which  could  be  carved  at  once  out  of  the  solid  port 
of  the  tusk ;  and  for  such  purposes  it  seems  to 
have  been  employed  from  a  very  early  period. 
Thus  on  the  chest  of  Cypselus  there  were  ivory 
figures  in  relief  (Pans.  v.  17.  §2).  Various  small 
works  in  ivory  have  come  down  to  us,  belonging 
to  all  periods  of  the  art,  among  the  most  interest- 


ELEUSIKIA. 

ing  of  which  are  writing  tablets  (S^Atm,  Ubri  eli\ 
phmthd)^  with  two,  tluee,  fire,  or  more  \iaxA 
(dipiyeka,  tr^itycha,  padaphfdia^  &C.X  either  en^ 
tirely  of  ivory,  or  with  the  leaves  of  parchment  u4 
the  covers  of  ivory :  the  coivers  are  carved  in  relirf^ 
These  tablets  are  chiefly  of  the  later  ages  of  Rosb-^ 
and  are  divided  into  two  cTaflses,  QmpAuia  ml 
EedeskutieOf  which  are  distinguished  by  the  can^ 
ii^  on  their  coven ;  those  on  the  former  bebs^ 
figures  of  consuls  at  the  pompa  CSrceam,  mtsaovsl 
and  so  forth,  those  on  the  latter  rraresentbg  lobli^ 
cal  subjects  (MQller,  Le.  n.  3).  The  teeth  of  thej 
hippopotamus  were  sometimes  used  ss  a  labsti- 
tnte  fiir  ivory  in  works  of  art.  (Paui.  viil  46.! 

c  o  \  rp  S.1 

ELEUSI'NIA  CEXfvcrfviaX  a  festival  asi 
mysteries,  originally  celebrated  only  at  Eleoas  in 
Attica,  in  honour  of  Demeter  and  Persephov. 
(Andoc.  D$  MytL  15.)  All  the  andents  who  bre 
occasion  to  mention  Uie  Elensinian  mysteries,  or 
ike  mysteries,  as  they  were  sometimes  called,  zptt 
that  they  were  the  holiest  and  most  venerehieof 
all  that  were  celebrated  in  Greece.   (AristoLAkt 
1124;  Ck.  Ih  NaL  Dear.  L  42.)    Vsrioostisdi- 
tions  were  current  among  the  Greeks  respectmg 
the  author  of  these  mysteries  ;  for,  while  aoise  coa- 
sidered  Eumolpos  or  Musaeus  to  be  their  fiDimder, 
others  stated  that  they  had  been  introdaced  irm. 
Egypt  by  Erechtheus,  who  at  a  thne  of  tcaraty 
provided  his  country  with  com  from  Egrpt^  an<i 
imported  from  the  same  quarter  the  sacred  niei 
and  mysteries  of  Eleusis.     A  third  traditioD  attri- 
buted the  institution  to  Demeter  herself,  who,  vfaea 
wandering  about  in  search  of  her  dai^btei;  ?mst- 
phone,  was  believed  to  have  come  to  Attica,  in  tbe 
reign  of  Erechtheus,  to  have  supplied  its  mha^at- 
ants  with  corn,  and  to  have  instituted  the  nkml 
and  mysteries  at  Eleusis.  (Diod.  Sic.  1 29 ;  bociat. 
Paa^yr,  p.  46,  ed.  Steph.)      Thii  Isst  opinioi 
seems  to  have  been  the  moat  commoo  sm<mg  ths 
ancients,  and  in  subsequent  times  a  sUme,  called 
drydXarros  irh-pa  (triste  saxum),  was  shown  near 
the  well  Callichoros  at  Eleusis,  on  which  \)itM- 
dess,  overwhelmed  with  grief  and  fiitigae,  was  l«- 
lieved  to  have  rested  on  her  anrival  in  Attica. 
( ApoUod.  BibiioA,  i  5  ;  Ovid.  Past  iv.  502,  &c) 
Around  the  well  Callichoroa,  the  ElemiiuaD  wonen 
were  said  to  have  first  poibrmed  their  choni,  and 
to  have  sung  hymns  to  the  goddess.    (Psm-  '^^• 
§  6.)     All  the  accounts  and  allusions  in  mm 
writers  seem  to  wanant  the  coucliisian  tiiat  the 
legends  concerning  the  introdaction  of  the  Elra* 
sinia  are  descriptions  of  a  period  when  the  inhabit- 
ants of  Attica  were  becoming  acquainted  with  the 
benefito  of  agriculture,  and  of  a  regnlarlj  cowti- 
tuted  form  of  society.      (Cic  IM  Leg-  ii-  1^>  " 
Verr,  v.  14.) 

In  the  reign  of  Erechtheus  a  war  is  said  to  haTC 
broken  out  betvreen  the  Athmians  and  ^xaxx^m 
(Hermann,  PoUL  AnHq,  if  Grteet,  §  91.  note  9), 
and  when  the  latter  were  defeated,  they  acknow- 
ledged the  supremacy  of  Athens  in  every  thing^rt- 
oept  the  Tf  A«To(,  which  they  wished  to  condKt 
and  regulate  for  th^oaselves.  (Thucyd.  u.  15 ; 
Pans.  L  38.  §  3.)  Thus  the  superintendaw  '^ 
mained  with  the  descendants  of  Enmolpoa  [M- 
MOLFiDAB],  the  daught4»  of  the  HensiDiw  k«>? 
Celeus,  and  a  third  class  of  priests,  ^^^^ 
who  seem  likewise  to  have  been  connected  wiifi 
the  femily  of  Eumolpus,  though  they  thenielTa 
traced  their  origin  to  Heimes  and  iffaaroii 


ELEUSINTA. 

At  tKe  tSae  when  the  local  goveniiiientt  of  the 
ptftnl  tpwubips  of  Attka  were  amoentrnted  at 
i'i«8fl,  the  apital  becaBie  also  the  centte  of  leli- 
^  ud  tereal  deities  who  had  hitherto  only  eii> 
joyed  a  local  wonhip,  were  now  ndaed  to  the  lank 
(ivnaeaal  goda  Tliis  aeenM  also  to  haye  been 
tie  case  with  the  fileoainian  ^den,  for  in  the 
iti^QfTheaeu  we  find  mention  of  a  temple  at 
A^ea,  called  Heoainiaa  (Thnejd.  ii  17),  pro- 
hb>  the  new  sod  national  sanctnaiy  of  Demeter. 
Kff  prieits  and  pricstesaes  now  became  natuialljr 
aaadied  to  the  national  temple  of  the  capital, 
tksgk  her  original  place  of  worship  at  Eleoaia, 
vsl  vfaicfa  io  Bian J  eacred  associations  wen  con- 
sfcted,  stin  retained  its  importance  and  its  special 
ibn  in  the  e^bration  of  the  national  solemnities ; 
and  tbfio^h,  as  we  shall  see  horeafier,  the  great 
EkiKBiiaD  £»tiTal  was  commenced  at  Athens,  yet 
ssionersas  pcoeesaion  always  went,  on  a  certain 
ibr,  to  Elesss:  it  was  here  that  the  most  sdemn 
part  of  the  »aed  rites  was  performed. 

We  mart  distingoish  between  the  greater  Eleu- 

KQa  which  were  celebrated  at  Athens  an3~EIeusis, 

Lid  the  lesser  whidi  were  held  at  Agrae  on  the 

Iliwi.  (Steph.  ByZi  a  o.  ^Aypa,)     From  the  tra- 

citioD  ntpertiDg  the  institution  of  the  lesser  Eleu- 

e  ais,  it  leenu  to  be  dear,  that  the  initiation  into 

±t  Qcoiimaa  mysteries  was  originally  confined  to 

Attieaos  onlj ;  for  it  is  said  that  Herades,  before 

d^seeBdiiig  into  the  lower  world,  wished  to  be  ini- 

uted,  bat  ss  the  law  did  not  admit  strangers,  the 

fewr  Heosinia  were  instituted  in  order  to  eyade 

the  lav,  and  not  to  disappoint  the  great  benefiustor 

ef  Attica.  (StM,  ad  Ari^gok.  PluL  846.)   Other 

kseadi  coDceming  the  initiation  of  Herades  do 

&>t  mentiaii  the  loser  Eleosinia,  bnt  merdy  state 

iai  he  vas  adopted  into  tbe  family  of  one  Pylius, 

in  crder  to  heeome  lawfully  intitled  to  the  initia^ 

^  ]^  both  traditions  in  reality  express  the 

Boe  thing;  if  we  snppoee  that  the  initiation  of 

H^les  VIS  only  the  first  stage  in  the  real  ini- 

tatioQ ;  ht  the  lesser  Eleosinia  were  in  reality 

oqJt  a  prepantion  (vpotcdBaptns,  or  wpodyr^vats) 

fer  the  Rsl  myiteriee.     (Schol.  ad  Aridopk.  I  e,) 

Mta  tbe  time  when  the  lesser  Eleosinia  are  said 

td  have  been  inititttted,  we  no  longer  hear  of  the 

exdiaion  of  any  one  from  the  mysteries,  except 

WWians;  sad  Herodotus  <iiii.   65)   expresdy 

itat£i,  that  any  Greek  who  wished  it,  might  be 

mmti.  The  leaser  Eleosinia  were  held  every 

Tear  in  the  month  of  Anthesterion  (Plut  Demetr. 

-^)i  aid,  aeeording  to  some  acconnta,  in  honour  of 

Penepbooe  alooe.    Those  who  were  initiated  in 

t^  boR  the  name  of  mystae  (/a^otoi,  Suidas,  s.  v, 

'^^tX  and  had  to  wait  at  least  another  year 

K&ie  tbej  oodd  be  admitted  to  the  great  mys- 

!^   The  principsl  rites  of  this  first  stage  of 

^iiiatiai  consisted  in  the  sacrifice  of  a  sow,  which 

^  n>3ritae  seem  to  hare  first  washed  in  the  Can- 

jann  (Aristoph.  Aduun.  703,  with  the  SchoL 

'20,and  />o«,  368  ;  Varro,  De  Be  BtuL  il  4  ; 

Plm  Pkoc  28),  and  in  the  purification  by  a  priest, 

'Mwe  the  nsme  of  Hydranos.     (HesydL  t.  v. 

^^Wf ;  Polyaen.  t.  17.)    The  mystae  had  also 

to  take  aa  oath  of  secrecy,  which  was  administered 

t»  tbesi  by  the  mystagogns,  also  called  Jcpo^dmjr 

^  ^P^^knfi:  they  receired  some  kind  of  pre- 

P"^^  initniction,  whicb  enabled  them  after- 

^^  to  tmdentand  the  mysteries  which  were 

i^realed  to  them  in  the  great  Eleusinia  ;  they  were 

i^fltadoitted  into  the  sanctuary  of  Demeter,  but 


ELEUSINIA. 


453 


remained  during  the  solemnities  in  the  vestibale* 
(Seneca,  QKoeH.  NtU,  viL  31.) 

The  great  mysteries  were  celebrated  erery  year 
in  the  month  of  Boedromion  during  nine  days, 
from  the  15th  to  the  23d  (Plut.  Demetr.  26  ; 
Meursius,  JBletum,  e.  21),  both  at  Athens  and 
Elensis.  The  initiated  were  called  iw^nrat  or 
^wpoi.  (Suidas,  «.  v.)  On  the  first  day,  those 
who  had  been  initiated  in  the  lesser  Eleosinia, 
assembled  at  Athens,  whence  its  name  was 
iyvpfi6s  (Hesych. «.«.);  hut  strangers  who  wished 
to  witness  the  odebration  of  these  national  so- 
lemnities likewise  Tisited  Athens  in  great  numbers 
at  this  season,  and  we  find  it  expressly  stated 
that  Athens  was  crowded  with  Tisitora  on  the 
occasion.  (Maxim.  Tyr.  J>u»ert,  ^  mb  Jim,  i 
Philostrat  ViL  ApolL  iv.  6.)  On  the  second  day 
the  mystae  wait  in  solemn  procession  to  the  sea- 
coast,  where  they  underwent  a  purification.  Hence 
the  day  was  called  'AXoSc  /iwrroi,  probably  the 
conventional  phrase  by  which  the  mystae  were  in- 
vited to  assemble  for  ihe  purpose.  (Hesych.  s.  cu ; 
Polyaeo.  iiL  11.)  Soidas  (s.  o.  'Pciro/:  compare 
Pans.  i.  38.  §  2.)  mentions  two  rivulets,  called 
^iTof,  as  the  phce  to  which  the  mystae  went  in 
order  to  be  purified.  Of  the  third  day  scarcely 
anything  is  known  with  certainty  ;  we  only  learn 
from  Clemens  of  Alexandria  {ProirtpL  p.  18,  ed« 
Potter)  that  it  was  a  day  of  fiasting,  and  that  in 
the  evening  a  frugal  meed  was  taken,  which  con- 
sisted of  cakes  made  of  sesame  and  honey. 
Whether  sacrifices  were  offered  on  this  day,  as 
Meursius  supposes,  is  uncertain ;  but  that  which 
he  assigns  to  it  consisted  of  two  kinds  of  searfish 
(rpiYXif  and  /cou'fr,  Adien.  viL  p.  325),  and  of 
cakes  of  barley  grown  in  the  Rharian  plain.  (Paos, 
I  38.  §  6.)  It  may  be,  however,  that  this  sacri- 
fice bdonged  to  the  fourth  day,  on  which  also  the 
jroA^of  icd0o3or  seems  to  have  taken  place.  This 
was  a  procession  with  a  basket  containing  pome- 
granates and  poppy-seeds  ;  it  was  carried  on  a 
wagffon  drawn  by  oxen,  and  women  followed  with 
smSi  mystic  cases  iii  their  hands.  (Callim.  Hynau 
m  Cer,\  ViiV*  Gtorg.  i.  166  ;  Meursius,  Let,  25.) 
On  the  fifth  day,  which  appears  to  have  been 
called  the  torch  day  (^  tw  ?iafiiraZuy  iifi^pa)^  the 
mptae,  led  by  the  3f  Sovx^'t  vent  in  the  evening 
with  torches  to  the  temple  of  Demeter  at  Eleusis, 
where  they  seem  to  nave  remained  during  the 
following  night  This  rite  was  probably  a  symboli- 
cal representation  of  Demeter  wandering  about 
in  seareh  of  Persephone.  The  sixth  day,  called 
lakchoe  (Hesych.  «.  v,  "loKxoy)^  was  the  most 
solemn  of  alL  The  statue  of  lakchos,  son  of 
Demeter,  adorned  with  a  garland  of  myrtle  and 
bearing  a  torch  in  his  hand,  was  carried  along  the 
sacred  road  (Plut  Aldb.  34  ;  Etymol.  Magn.,  and 
Suidas,  s.  v,  'Icp^  *03^5)  amidist  joyous  shouts 
(ioKxiC*^)  uid  songs,  from  the  Cenuneicus  to 
Eleusis.  (Aristoph.  Iia$i,  315,  &c  ;  Plut  Pko- 
ciofs,  28,  and  Yalcken.  ad  Herod,  viii  65.) 
This  solemn  procession  was  accompanied  by  great 
numbers  of  followers  and  spectators,  and  the 
story  related  by  Herodotus  is  founded  on  the 
supposition  that  30,000  persons  walking  along 
the  sacred  road  on  this  occasion  was  nothing 
uncommon.  During  the  night  from  the  sixth  to 
the  seventh  day  the  mystae  remained  at  Eleu- 
sis, and  were  initiated  into  the  last  mysteries 
(hnnrr^la).  Those  who  were  neither  ^dwrot 
nor  tiirtrrai  were  sent  away  by  a  herald.  The 
o  o  3 


454 


ELEUSINIA. 


mjstae  now  repeated  tbe  oath  of  secfesj  vhidi 
had  been  admioistered  to  ibem  at  the  leaser  Eleo- 
nnia,  underwent  a  new  poiification,  and  then  they 
were  led  by  the  niyBtag<^;u8  in  the  darkness  of 
night  into  the  lighted  interior  of  the  sanctuary 
{<p€traytoyta\  and  were  allowed  to  see  {abren^ia) 
what  none  except  the  epoptae  ever  beheld.  The 
awful  and  horrible  manner  in  which  the  initia- 
tion is  described  by  later,  especially  Christian 
writers,  seems  partly  to  proceed  from  their  igno- 
noice  of  its  real  character,  partly  from  their  horror 
and  aversion  to  these  pagan  rites.  The  more 
ancient  writers  always  abstained  from  entering 
mpon  any  description  of  the  subject.  Each  in- 
diTidoal,  after  lus  initiation,  is  said  to  have  been 
dismissed  by  the  words  K6y^  fyara^  (Hesych.  s. «.), 
in  order  to  make  room  for  other  mystae. 

On  the  seventh  day  the  initiated  returned  to 
Athens  amid  various  kinds  of  raillery  and  jests, 
especially  at  the  bridge  over  the  Cephisus,  where 
they  sat  down  to  rest,  and  poured  forth  their  ridi- 
cule on  those  who  passed  by.  Henoe  the  words 
y9^vpl(tty  and  y^^urfi6s  (Strabo,  ix.  p.  395; 
Suidiis,«. «.  rt^vpl(w :  Hesych.  s.  v.  rt^vpurral: 
Aelian,  I/id.  AnimaL  ir.  43  ;  MUUer,  HisL  of  the 
Lit,  of  Greece,  p.  132).  These  (TK^ufwra  seem, 
like  the  procession  with  torches  to  Eleusis,  to  have 
been  dramatical  and  symbolical  representations  of 
the  jests  by  which,  according  to  the  ancient  legend, 
larabe  or  Baubo  had  dispelled  the  grief  of  the  god- 
dess and  made  her  smile.  We  may  here  observe, 
that  probably  the  whole  history  of  Demeter  and 
Persephone  was  in  some  way  or  other  symbolically 
represented  at  the  Eleusinia.  Hence  Clemens  of 
Alexandria  (Protrept.  p.  12,  ed.  Potter)  calls  the 
Eleusinian  mysteries  a  **  mystical  drama.**  (See 
HUller,  Hist,  qf  the  LU.  of  Greece^  p.  287,  &c.) 
The  eighth  day,  called  'EirtSo^pio,  was  a  kind  of 
additional  day  for  those  who  by  some  accident  had 
come  too  late,  or  had  been  prevented  from  being 
initiated  on  the  sixth  day.  It  was  said  to  have 
been  added  to  the  original  number  of  days,  when 
Asclepius,  coming  over  from  Epidaunis  to  be  in- 
itiated, arrived  too  kite,  and  the  Athenians,  not  to 
disappoint  the  god,  added  an  eighth  day.  (Philostr. 
Vit.  ApoU.  iv.  6  ;  Paus.  ii  26.  §  7.)  The  ninth 
and  last  day  bore  the  name  of  irA.i}fiox^  (Pollux, 
X.  74 ;  Athen.  xi.  p.  496),  frt>m  a  peculiar  kind 
of  vessel  called  irXry/iox^,  which  is  described  as  a 
small  kind  of  K6rvKos.  Two  of  these  vessels  were 
on  this  day  filled  with  water  or  wine,  and  the  con- 
tents of  the  one  thrown  to  the  east,  and  those  of 
the  other  to  the  west,  while  those  who  performed 
this  rite  uttered  some  mystical  words. 

Besides  the  various  rites  and  ceremonies  described 
above,  several  others  are  mentioned,  but  it  is  not 
known  to  which  day  they  belonged.  Among  them 
we  shall  mention  only  the  Eleusinian  games  and 
contests,  which  Meursius  assigns  to  the  seventh 
day.  They  are  mentioned  by  Gellius  (xv.  20),  and 
are  said  to  have  been  the  most  ancient  in  Greece. 
The  prize  of  the  victors  consisted  in  ears  of  barley. 
(Schol.  ad  Find,  OL  ix.  150.)  It  was  considered 
as  one  of  the  greatest  profanations  of  the  Eleusinia, 
if  during  their  celebration  an  Arifios  came  as  a  sup- 
pliant to  the  temple  (the  Eleusinion),  and  placed 
his  olive  branch  (tKerripla)  in  it  ( Andoc.  De  MyeL 
p.  54) ;  and  whoever  did  so  might  be  put  to  death 
without  any  trial,  or  had  to  pay  a  fine  of  one  thou- 
sand drachmnc.  It  may  also  be  remarked  that  at 
other  festival?,  as  well  as  the  Eleusinia,  no  man. 


ELEUTHfiUlA. 

while  celebcatifig  the  fettivBl,  could  be  seised  <« 
arrested  for  any  offence^  (Demostb.  e.  MiA.  p.  571.) 
Lycnigus  made  it  a  law  that  any  woman  nsisg  a 
carriage  in  the  prtxsessitm  to  Eleoais  should  be  froed 
one  thousand  drachmae.  (Plut  De  Cmp.  L>i».  ix. 
p.  348  ;  Aelian,  F.  H.  xiii.  24.)  The  custod 
against  which  this  law  was  directed  sewus  to  have 
been  veiy  common  before.  (Demosth.  cu  Mid, 
p.  565.) 

The  Eleusinian  mysteries  long  survived  tihe  in- 
dependence of  Greece.  Attempts  to  soppreae  them 
were  made  by  the  emperor  ValenUnian,  bat  he 
met  with  strong  opposition,  and  they  seena  to  have 
continued  down  to  the  time  of  the  elder  Tbeodo- 
sius.  Respecting  the  secret  doctrines  which  were 
reveided  in  them  to  the  initiated,  nothing  oertaio 
is  known.  The  general  belief  of  the  aocients  wbs 
that  th^  opened  to  man  a  oomforting  proapect  of 
a  future  state.  (Pind.  Tknu.  pL  8.  ed.  BockL) 
But  this  feature  does  not  seem  to  have  beeo  origi- 
nally connected  with  these  mysteries,  md  was  pro- 
bably added  to  them  at  the  period  whidi  followed 
the  opening  of  a  regular  intercourse  between  Greece 
and  Egypt,  when  some  of  the  speculative  doctrines 
of  the  latter  country,  and  of  the  East,  may  bare 
been  introduced  into  the  mysteries,  and  hallowed 
by  the  names  of  the  venerable  baids  of  the  mrthi- 
cal  age.  This  supposition  would  also  aocount,  in 
some  measure,  for  the  legend  of  their  introdnction 
fivm  Egypt  In  modem  times  many  atCempta  have 
been  made  to  discover  the  nature  of  the  mysteries 
revealed  to  the  initiated,  but  the  resnlta  have  been 
as  various  and  as  fimciful  as  might  be  expected. 
The  most  sober  and  probable  view  is  that,  ac- 
cording to  which,  **  they  were  the  remains  of  a 
worship  which  preceded  the  rise  of  the  Heiknic 
mythology  and  its  attendant  rites,  grounded  on  a 
view  of  nature,  less  fimcifiil,  more  earnest,  and 
better  fitted  to  awaken  both  philosophical  thoagfat 
and  religious  feeling."*  (Thiriwall,  WmL  ^Gmet^ 
ii.  p.  140,  &c.)  Respecting  the  Attic  Eleosina 
see  Meursius,  Elwnma^  Lugd.  Bat  1619  ;  Sc 
Croix,  Recktrckte  HieL  ei  Criiiq.  sur  lee  Myilem 
du  Poffanitme  (a  second  edition  was  pnUisbed  in 
1817,  by  Syivestre  de  Sacy,  in  2  voIsl  Paris)  ; 
Ouwarofl^  Eeecd  mr  lee  Myetires  d^Bleune^  3d  edi- 
tion, Paris,  1816 ;  Wachsmuth,  ^feOl  Alter,  toI.  ii 
p.  575,  &.C  2d  edit  p.  249,  &c. ;  Creoser,  S^fmboL 
u.  MifihoL  iv.  p.  534,  &c ;  Nitzsch,  De  Eleamu 
RoHone,  Kiel,  1842. 

Eleusinia  were  also  celebrated  in  other  psuts  of 
Greece.  At  Ephesus  they  had  been  xntroducrd 
from  Athens.  (Strabo,  xiv.  p.  633.)  In  Laccoiia 
they  were,  as  fhr  as  we  know,  only  celebrated  by 
the  inhabitants  of  the  ancient  town  of  Hdoe,  who 
on  certain  days,  carried  a  wooden  statne  of  Per- 
sephone to  the  Eleusinion,  in  the  heights  of  Tay- 
getus.  (Paus.  iii.  20.  §  5,  &c)  Crete  had  likewise 
its  Eleusinia.     (See  Meun.  Elau.  c  Sa)  fL.  S.] 

ELEUTHFRIA  (iKevOSpta^  the  feast  of 
liberty,  a  festival  which  the  Greeks,  after  the 
battle  of  Plataeae  (479,  b.  a),  instituted  in  hononr 
of  Zeus  Eleutherioe  (the  deliverer).  It  was  in- 
tended not  merely  to  be  a  token  of  their  gratitad^ 
to  the  god  to  whom  they  believed  themselves  to  be 
indebted  for  their  victory  over  the  barbarians,  but 
also  as  a  bond  of  union  among  themselves  ;  for,  in 
an  assembly  of  all  the  Greeks,  Aristides  carried  a 
decree  that'delegates  (wp^ouXoc  sal  iNs^poO  from 
all  the  Greek  states  should  assemble  eveiy  yesr  at 
Plataeae  for  the  celebration  of  the  Eleutheria.  The 


EHANCIPATIO. 

tovn  itKlf  vaa  at  Uw  mne  time  declared  ascred 
ai^  xBTsolable,  as  longas  ita  citiaeiii  offered  the  an- 
Eial  aaciificea  vhSch  were  then  institnted  on  behalf 
ei  Greece.  Every  fifth  year  theoe  aolemnitiea  were 
cdehrated  with  oooteata  (^7^  rwy  *EK€uO€pUiw) 
iu  which  the  nctocB  were  nwazded  with  chiqileto 
(37W  jwpanMcks  tfTc^oirfnis,  Stiah.  ix.  p.  412). 
Tae  anaiial  aotesuiity  at  PbUaeae,  which  con- 
tiaaed  to  he  obaerred  down  to  the  time  of  Platareh 
(Jrultf.  19, 21 ;  Pans. ix. 2.  § 4X wasaa foUowi:— 
6a  the  atzCeenth  of  the  month  of  Maimacterion,  a 
i^xteeanen,  led  b j  a  trampeter,  who  blew  the  signal 
^battle,  maiched  at  dajbteak  through  the  middle 
of  the  town.  It  waa  followed  bj  waggons  loaded 
^th  myrtle  faou^fha  and  chapleta,  by  a  black  bull, 
and  by  free  yonths  who  carried  the  Tessels  con- 
i^smg  the  libationa  for  the  dead.  No  slave  waa 
pennitted  to  nriniatpr  on  this  occasion.  At  the  end 
of  this  piuceaakm  followed  the  archon  of  Piataeae, 
who  was  not  allowed  at  any  other  time,  doling  his 
office,  to  toQch  a  weapon,  or  to  wear  any  other  bnt 
ahite  ganacBla,  now  wearing  a  pnrple  tnnic,  and 
vidi  a  swiwd  in  hia  hand,  and  alaobearingan  mm, 
kept  for  thu  aolenmity  in  the  pablie  aichive  {ypofir- 
lta^mKiK»m\  When  the  procession  came  to  the 
pbce  wheie  tlie  Greeks,  who  had  follen  at  Plar 
tseae,  were  bnried,  the  archon  first  washed  and 
andnted  the  tombetonea,  and  then  led  the  ball  to 
a  pyre  and  aacrifieed  it,  praying  to  Zeus  and  Her- 
mes Chthonioa,  and  inriting  the  brave  men  who 
bad  foDen  in  the  defence  of  their  oonntiy,  to  take 
part  in  the  bonqaet  prepared  for  them.  This  ae- 
tooBt  of  Plutarch  {Ariatid.  19  and  21)  agrees  with 
tbat  of  Thncydidea  (iii.  58).  The  latter,  howcTer, 
expressly  states  that  dresses  formed  a  part  of  the 
oSerings,  which  were  probably  consumed  on  the 
prre  with  the  Tictim.  This  part  of  the  ceremony 
■eesaato  have  no  longer  existed  in  the  days  of  Plu- 
taith,  who  does  not  mention  it,  and  if  so,  the  Pla- 
taeaas  had  probably  been  compelled  by  poverty  to 
dnpiL  (SeeThiriwall'a^u/.o/^GneeMfii.  p.  353, 
kc ;  BSdEh,  EgjtL  Pind.  p.  208,  and  ad  Corp, 
lamripL  L  p.  904.) 

Eleatheria  waa  also  the  name  of  a  festival  cele- 
Wtad  in  Samos,  in  hononr  of  Eros.  (Athen.  xiii. 
^  562L)  [L.  &] 

ELLIMiTNION      (^AAi/Uinoir).       [Pxnts- 

COSTB.] 

ELLOrriA  or  HELLOTIA  (iXXtirM  or  4\~ 
Aatu),  a  Sestival  with  a  torch  laoe  celebrated  at 
Corinth  in  honour  of  Athena  as  a  goddess  of  fire. 
(SduiL  JPutd.  OL  xiii  56 ;  Athen.  xv.  p.  678  ; 
EtjiDoL  «.  V.  'EAAmtIs). 

A  festival  of  the  same  name  was  celebrated  in 
Crete,  in  hoooor  of  Europe.  The  word  iXXaoris, 
frxm  which  the  festival  derived  its  name,  was, 
aceording  to  Selencns  (op.  Atieiu  Le.\  a  myrtle 
gariaad  twenty  yards  in  circumference,  which 
was  carried  about  in  the  procession  at  the  festival 
of  the  Ellotia.  (Compare  Hesych.  and  EtymoL 
Magn. «.  9.  *EMMria.)  [L.  S.] 

ELLY'CHNIUM  [Lucerna.] 

EHANCIPA'TIO  was  an  act  by  which  the 
patiia  potestas  was  dissolved  in  the  lifetime  of  the 
{axeot,  and  it  was  so  called  because  it  was  in  the 
form  of  a  sale  (fNON^rpotio).  By  the  Twelve 
Tables  it  was  necessary  that  a  son  should  be  sold 
three  thaes  in  order  to  be  released  from  the  paternal 
povcr,  or  to  be  §mjwri$.  In  the  case  of  daughters 
and  gcodchildren,  one  sale  was  sufficient  The 
bthtftiansfened  the  son  by  the  form  of  a  sale  to 


ElfANClPATlO. 


455 


another  person  who  manumitted  him,  upon  which 
he  returned  into  the  power  of  the  fother.  This 
was  repeated,  and  with  the  like  result  After  a 
third  sale,  the  paternal  power  was  extinguished, 
but  the  son  was  resold  to  the  parent,  who  then 
manumitted  him,  and  so  acquired  the  rights  of 
a  patron  over  his  emancipated  son,  which  would 
otnerwise  have  belonged  to  the  purchaser  who  gave 
him  his  final  manumission. 

The  following  view  of  emaacipatio  is  given  by  a 
German  writer :  —  ^  The  patria  potestas  could  not 
be  diMolved  immediately  by  manumissio,  because 
the  patria  potestas  must  be  viewed  as  an  imperium, 
and  not  as  a  right  of  property  like  the  power  of  a 
master  over  his  slave.  Now  it  was  a  fimdaroental 
jMincipte  that  the  patria  potestas  was  extinguished 
by  ex^cising  once  or  thrice  (as  the  case  might  be) 
the  right  whLh  the  pater  fiunUias  possessed  of  sell- 
ing or  rather  pledging  his  child.  Conformably  to 
this  fundamental  principle,  the  release  of  a  child 
from  the  patria  potestas  was  clothed  with  the  form 
of  a  mancipatio,  effected  once  or  three  times.  The 
patria  potestas  was  indeed  thus  dissolved,  though 
the  child  was  not  yet  free,  but  came  into  the  con- 
dition  of  a  nexus.  Consequently  a  manumissio  waa 
necessarily  connected  with  the  mancipatio,  in  order 
that  the  proper  object  of  the  emancipatio  might  be 
attained.  This  manumissio  must  take  place  onco 
or  thrice,  according  to  circumstances.  In  the  case 
when  the  manumissio  was  not  followed  by  a  return 
into  the  patria  potestas,  the  manumissio  was  at- 
tended with  important  consequences  to  the  manu- 
missor,  which  consequences  ought  to  apply  to  the 
emancipating  party.  Accordin^y,  it  was  necessary 
to  provide  that  the  decisive  manumissi<m  should  be 
made  by  the  emancipating  party ;  and  for  that 
reason  a  remancipatio,  which  preceded  the  final 
manumissio,  was  a  part  of  the  form  of  emancipatio.** 
(Unterholzner,  iRetifsd&r^,  vol.  yl  p.  139 ;  Von  dm 
format,  der  Mamtmistio  per  Vmdictam  tmd  der 
EmandpaUo,) 

The  legal  effiect  of  emancipation  was  to  make 
the  emancipated  person  become  sui  juris :  and  all 
the  previously  existing  relations  of  agnatio  between 
the  parentis  fiunilia  and  the  emancipated  child 
ceased  at  once.  But  a  relation  analogous  to  that  of 
patron  and  freedman  was  formed  between  the  per- 
son who  gave  the  final  emancipation  and  the  child, 
so  that  if  the  child. died  without  children  or  legal 
heirs,  or  if  he  required  a  tutor  or  curator,  the  rights 
which  would  have  belonged  to  the  father,  if  he  had 
not  emancipated  the  child,  were  secured  to  him  as 
a  kind  of  patronal  right,  in  case  he  had  taken  the 
precaution  to  secure  to  himself  the  final  manumis- 
sion of  the  child.  Accordingly,  the  father  would 
always  stipulate  for  a  remancipatio  from  the  pur- 
chaser :  this  stipubition  was  the  pactum  fiduciae. 

The  emancipated  child  could  not  take  any  part 
of  his  parentis  property  as  herea,  in  case  the  parent 
died  intestate.  This  rigor  of  the  civil  law  (/am 
miqaiiaiet^  Gains,  iii.  25)  was  modified  by  the 
praetor*s  edict,  which  phiced  emancipated  children, 
and  those  who  were  in  the  parentis  power  at  the 
time  of  his  death,  on  the  same  footmg  as  to  suc- 
ceeding to  the  intestate  parentis  property. 

The  emperor  Anastasius  introduced  the  practice 
of  effecting  emancipation  by  an  imperial  rescript, 
when  the  parties  were  not  present  {Cod,  8.  tit  49. 
8.  5.)  Justinian  enacted  that  emancipation  could 
be  effected  before  a  magistrate.  But  he  still  al- 
lowed, what  was  probably  the  old  law,  a  fother  to 
o  Q  4 


456 


EMBATEIA. 


emancipate  a  giandflon,  vith<rat  emandpating  tlie 
son,  and  to  emancipate  the  son  without  emancipating 
the  grandaon,  or  to  emancipate  them  all.  Jaatinian 
alao  {Nov,  89.  c.  11)  did  not  allow  a  parent  to 
emancipate  a  child  againat  hia  will,  though  it  aeema 
that  thia  might  be  done  by  the  old  law,  and  that 
the  parent  might  ao  destroy  all  the  son^  rights  of 
agnation.  But  a  man  might  emancipate  an  adopted 
child  againat  the  will  of  the  child  (Inst.  1.  tit  11. 
a.  3).  Aa  a  geneial  role  the  fiither  could  not  be 
compelled  to  emancipate  a  child  ;  but  there  were 
aome  caaea  in  which  he  might  be  compelled. 

The  emperor  Anaatasiua  allowed  an  emancipated 
child  (under  certain  reatrictiona)  to  aucceed  to  the 
property  of  an  inteatate  brother  or  aiater,  which 
the  praetor  had  not  allowed  ;  and  Justinian  put  an 
emancipated  child  in  all  leapecta  on  the  aame  foot- 
ing aa  one  not  emancipated,  with  leapect  to  auch 
aucceaaion. 

An  emandpatio  effected  a  capitia  diminntio 
minima,  in  consequence  of  the  serrile  character  (ser- 
vilis  coum)  into  which  the  child  was  brought  by 
auch  act.  (Oaiua,  1 132,  &c. ;  Dig.  1.  tit  7 ;  Cod.  6. 
tit  57.  a.  15;  8.  tit  49;  Itut.  1.  tit  12;  3.  tit  5; 
Dirksen,  Uebemckt^  &c.  p.  278 ;  Thibaut,  Sytlem, 
&c.,  §  783,  &C.,  9th  ed.)  [O.  L.] 

EMANSOR.     [DuiXRTOR.] 

EMBAS  (ifiSds),  a  shoe  worn  by  men  (Suidaa, 
«.  v.),  frequently  mentioned  by  Aristophanes 
(EquiL  321,  869,  872,  Eoe,  314,  850)  and  other 
Greek  writers.  Thia  appeara  to  have  been  the 
most  common  kind  of  ahoe  worn  at  Athena  (c^ 
rt\h  ^69fifJM,  Pollux.  viL  85  ;  compare  Isaeua, 
de  Dicaeog.  Hered,  94).  Pollux  {I  0.)  says  that 
it  was  invented  by  the  Thraciana,  and  that  it  waa 
like  the  low  cothurnus.  The  emba9  waa  also  wom 
by  the  Boeotiana  (Herod,  l  195),  and  probably  in 
other  parta  of  Greece.  (Becker,  ChanHes^  vol.  IL 
p.  372.) 

EMBATEIA  (^M^arc(a).  In  Attic  law  thia 
word  (like  the  corresponding  Endiah  one,  entry\ 
waa  uaed  to  denote  a  formal  takmg  possession  of 
real  property.  Thus,  when  a  son  entered  upon 
the  land  left  him  by  his  father,  he  waa  aaid 
4fjL6art{nttf^  or  /9a8f^ciy  tis  t&  irarp^o,  and  there- 
upon he  became  aeued,  or  poesessed  of  his  in- 
heritance. If  any  one  disturbed  him  in  the  en- 
joyment of  this  property,  with  an  intention  to 
dispute  the  title,  he  might  maintain  an  action  of 
ejectment,  i(,o6\iis  BIkii.  Before  entry  he  could 
not  maintain  such  action.  'E^oCXri  is  from  ^(i\- 
Xcty,  an  old  word  signifying  to  eject  The  sup- 
posed ejectment,  for  which  the  action  was  brought, 
was  a  mere  formality.  The  defendant,  after  the 
plaintiff's  entry,  came  and  tiimed  him  off,  i(,rrYey 
«ic  T^r  yris.  This  proceeding  (called  i^nyuyh) 
took  place  quietly,  and  in  the  presence  of  wit- 
nesses ;  the  defendant  then  became  a  wrong-doer, 
and  the  plaintiff  waa  in  a  condition  to  try  the 
right 

All  thia  waa  a  relict  of  ancient  times,  when  be- 
fore writs  and  pleadings  and  other  regidar  processes 
were  invented,  parties  adopted  a  ruder  method  and 
took  the  biw  into  their  own  hands.  There  was 
then  an  actual  ouster,  accompanied  often  with  vio- 
lence and  breach  of  the  peace,  for  which  the  per- 
son in  the  wrong  waa  not  only  reaponaible  to  the 
party  injured,  but  was  also  punishable  as  a  public 
offender.  Afterwards,  in  the  course  of  civilization, 
violent  remedies  became  useless  and  were  discon- 
tinued i  yet  the  ceremony  of  ejecting  was  still  kept 


EMBLEMA. 

up  aa  a  form  of  law,  being  deemed  by  kvyen 
necessary  foundation  of  the  aabaeqnent  legsl  pn 
cess.  Thus  at  Rome,  in  the  earlier  timn,  03 
party  uaed  to  summon  the  other  by  the  words  **t: 
jure  te  manum  conaertnm  toco,**  to  go  with  him  ti 
the  hind  in  dispute,  and  (in  the  presence  of  thi 
praetor  and  others)  torn  him  out  by  fecee.  Af^s 
wards  this  was  changed  into  the  aymboijcal  act  c 
breaking  a  dod  of  earth  upon  the  land,  hj  whid 
the  person  who  broke  intimated  that  he  daimed  t 
right  to  deal  with  the  land  aa  he  pleased.  Wc 
may  obaerve  also,  that  the  English  action  of 
ejectment  in  this  reapect  reaemblea  the  Athe- 
nian, that,  although  an  emiry  by  the  plaintiff  and  u 
ouster  of  him  by  the  defendant  are  soppoted  t^ 
have  taken  place,  and  are  oonaidered  neeeson-  to 
support  the  action,  yet  both  eiUry  and  omdtr  ve 
mere  fictions  of  law. 

These  proceedinga  by  entry,  ouster,  &&,  tank 
place  alao  at  Athena  in  caae  of  reaiatanoe  to  an  exe- 
cution ;  when  the  defendant,  refusing  to  gire  as 
the  knd  or  the  chattel  adjudged,  or  to  pay  the 
damagea  awarded  to  the  plaintll^  by  the  appointal 
time,  and  thua  being  ^cp^ficpos,  tL «.  the  time 
having  expired  by  which  he  waa  bound  to  aatiffr 
the  judgment,  the  plaintiff  proceeded  to  sattsfr 
himself  by  seixtire  of  the  defendanfk  lands.    Hiis 
he  certainly  might  do,  if  there  were  no  giw^  10 
levy  upon  ;  though,  whether  it  waa  lawful  in  all 
cases,  does  not  iq>pear.    The  Athenian  kws  bd 
made  no  provision  for  putting  the  party,  who  suc- 
ceeded, in  possession  o(  his  rights  ;  he  was  thene- 
fore  obliged  to  levy  execution  himself  without  tbe 
aid  of  a  ministerial  officer,  or  any  other  penoo. 
I^  in  doing  ao,  he  encountoed  opposation,  he  bad 
no  other  remedy  than  the  i^iX-ris  S£r«,  whicli  (if 
the  Bubject-matter   waa   land)   muat  hare  bern 
grounded  upon  hia  own  previoua  entzy.  TheadioD 
could  be  brought  againat  any  one  who  impeded 
him  in  hia  endeavour  to  get  poasesaion,  as  well  ai 
against  the  party  to  the  former  suit    The  cause  of 
Demosthenes  against  Onetor  waa  this:  —  Demo- 
sthenea  having  recovered  a  judgment  against  A[^o- 
bua,  proceeded  to  take  hia  landa  in  execntioo. 
Onetor  claimed  them  as  mortgagee,  and  torocd 
him  out  (i^riy€if\  whereupon  Demosthenes,  con- 
tending that  the  mortgage  waa  collusive  and  firsu- 
dulent,  brought  the  i^oCXris  8fjci|,  which  is  oDed 
8f«n|  xpbf  *Or^o^  because  the  proceeding  ii  » 
rsm,  and  collateral  to  another  object,  rather  thaQ  a 
direct  controversy  between  the  parties  in  the  eanse. 
The  consequence  to  the  defendant,  if  he  fiuli^i  m 
the  action  of  ejectment,  was,  that  (besides  hia  liabi- 
lity to  the  plamtiff )  he  was,  aa  a  public  oifaidcr* 
condemned  to  pay  to  the  treaaury  a  som  equal  to 
the  damagea,  or  to  the  value  of  the  propertj  re- 
covered in  the  first  action.     While  thia  remained 
unpaid  (and  we  may  presume  it  could  not  be  paid 
without  also  satisfying  the  party),  he  became,  as  a 
state  debtor,  subject  to  the  disabilities  of  ^<P^ 
(Meier,  ^«./>nK5L  pp.  372, 460, 748.)  [C.R.K.] 

EldBATES.    [Modulus.] 

EMBLE'MA  (^M^Xitfio,  iftwrntr/u),  m  inbid 
ornament  The  art  of  inUiying  (1?  rixT^  ifn^' 
Tucfi^  Ath.  XL  p.  488)  was  emfdoyed  m  prodociDg 
beautiful  works  of  two  descriptions,  vii.:—^'^ 
Thoae  which  resembled  our  marquetry,  hahl,  m 
Florentine  mosaics ;  and  2dly,  those  in  ^^^ 
crusts  (cnutae\  exquisitely  wrought  in  relief  a^a 
of  precious  metals,  such  as  gold,  nlver,  and  amber. 
were  fiastened  upon  the  au^Eboe  of  veoela  or  otbci 


EinSSARIUM. 

pieeet  of  fnnitore.    Works  of  both  clanes,  when 
m  aetal,  oome  under  the  head  of  Caklatura. 

To  prodvctiane  of  the  former  daM  we  may  refer 
■II  attesBpCs  to  adorn  the  walls  and  floon  of  honaet 
vith  the  figures  of  flowen  and  animals,  or  with 
aar  other  deriees  expressed  upon  a  common  groond 
br  the  msertion  of  Tarioosiy  o^oiired  woods  or 
asiUes,  all  of  whieh  were  polished  so  as  to  be 
fanogfat  to  a  plain  mrfiue.  To  soch  mosaics  Lud- 
liss  aSades  {i^,  CSc  de  OraL  iii  43),  when  he 
iwmies  the  weU-oonnected  words  of  a  skilful 
onur  to  the  snail  |»eoes  (ie$9erulae)  which  com- 
pow  the  *^emblema  reriEdcnlatum  **  of  an  orna- 
iieotil  pavement.  In  the  time  of  Plinj  these  de- 
aaxiam  fef  the  walls  of  apartments  had  become 
Tfly  ^chionable.  (H.  N.  xxxr.  1.)  Respecting 
oftiJemata  in  metal  woric,  see  Cablatura  and 
CHKTsaNDRTA.  It  may  here  be  added  that 
Atlttnaeos,  in  describing  two  Corinthian  vases  (▼. 
p.  199),  distingnishes  between  the  emblems  in 
^a»-rriief  (vp^tfTvra)  which  adorned  the  body 
a&d  neck  of  each  Tenel,  and  the  figures  in  high 
rpcief  (v^t^ar^  rcropKcv/i^ra  ^cwi)  which  were 
p4aoed  upon  its  brim.  An  artist,  whose  business 
11  vas  to  make  works  (Nmamented  with  emblems, 
was  called  crtuiarims.  (Plin.  H,  N.  xxziii.  12. 
a.  S5  ;  Cic.  Verr.  iv.  25  ;  MartiaL  riii.  51  ;  Juv. 
u  76,  T.  38  ;  Dig.  24.  tit  2.  s.  23.  §  1  ;  Heyne, 
Awtmf.  Am/k.  toL  L  p.  147.)  [J.  Y.] 

EMII^A'RIUM  (6r^i^f), a  channel,  natnial 
or  artihcial,  by  which  an  outlet  is  formed  to  carry 
>->f  any  stagnant  body  of  water.  (Plin.  H,  N, 
\xxiiL'4.  S.21  ;  Cic  ad  Fam,  ztL  18.)  Such 
r^oanels  may  be  either  open  or  underground  ;  but 
tKe  moet  remarkable  works  of  the  kind  are  of  the 
Utter  dt-scription,  as  they  carry  off  the  waters  of 
bkn  sairounded  by  hills.  In  Greece,  the  most 
r  narkable  example  is  presented  by  the  subtor- 
ni:i««ns  channels  which  cany  off  the  waters  of  the 
Lak.  CoftoM  into  the  Cephisus,  which  were  partly 
i^vrd  and  partly  artificial  (Stmb.  ix.  p.  406  ; 
Thif^nch,  E'tat  admd  de  la  Grke^  toL  ii  p.  23  ; 
Mu]ltf,  Ordlomosof,  pp.  49,  &c.,  2nd  ed.) 

Another  specimen  of  such  works  among  the 
Orcfks  at  an  early  period  is  presented  by  the  sub- 
t^naseoos  diannels  constructed  by  Phaeax  at 
Anigentmn  in  Sicily,  to  drain  the  city,  about  &c. 
4M) ;  which  were  sidmired  for  their  magnitude, 
nlibaai^  the  workmanship  was  very  rude.  (Diod. 
Sic.  XL  25.) 

Some  works  of  this  kind  are  among  the  most 
r>^Baxksble  efforts  of  Roman  ingenuity.  Remains 
itifl  exist  to  show  that  the  lakes  Trasimene, 
AihaoQ,  Nemi,  and  Focino,  were  all  drained  by 
nettos  of  antanfia,  the  last  of  which  is  still  nearly 
perfi^  snd  open  to  inspection,  hating  been  par- 
tiallj  deared  by  the  present  king  of  Naples. 
Jalios  Caesar  is  said  to  hare  first  conceived  the 
idea  of  this  stupendous  undertaking  (Suet  J^ 
44),  which  was  cairied  into  eflect  by  the  Emperor 
Cboidins.    (Tacit  Ann,  xil  57.) 

Tbe  fenowing  account  of  the  works,  from  ob- 
KTTstioos  on  the  spot,  will  give  some  idea  of  their 
extent  snd  difSculties.  The  circumference  of  the 
lake,  indoding  the  bays  and  promontories,  is  about 
thirty  miles  in  extent  The  length  of  the  emis- 
BTT,  whidi  lies  nearly  in  a  direct  line  firom  the 
lake  to  the  rirer  Liris  (Oarigliano),  is  something 
Bure  thsn  three  miles.  The  number  of  workmen 
employed  was  30,000,  and  the  time  occupied  in 
the  vork  deren  years.   (Suet  Oamd,  20 ;  compare 


EMISSARIUAL 


457 


Plin.  H.  N,  xxxTL  15.  s.  24.  §11.)  For  more 
than  a  mile  the  tunnel  is  carried  under  a  moun- 
tain, of  which  the  highest  part  is  1000  feet  above 
the  level  of  the  lake,  and  through  a  stratum  of 
rocky  finrmation  (camelian)  so  hard  that  every  inch 
required  to  be  worked  by  the  chisd.  The  remam- 
ing  portion  runs  through  a  softer  soil,  not  much 
below  the  level  of  the  earth,  and  is  vaulted  with 
brick.  Perpendicular  openings  (pmtei)  are  sunk st 
various  distances  into  the  tunnel,  through  which 
the  excavations  were  partly  discharged ;  and  a 
number  of  lateral  shafts  (ewnea/t),  some  of  which 
separate  themselves  into  two  branches,  one  above 
the  other,  are  likewise  directed  into  it,  the  lowest 
at  an  elevation  of  five  feet  from  the  bottom. 
Through  these  the  materials  excavated  were  also 
carried  out  Their  object  was  to  enable  the  pro- 
digious multitude  of  30,000  men  to  carry  on  their 


operations  at  the  same  thne,  withont  incommodhig 
one  another.  The  immediate  mouth  of  the  tunnel 
is  some  distance  from  the  present  mai^n  of  the 
lake,  which  space  is  occupied  by  two  ample  reser- 
voirs, intended  to  break  the  rush  of  water  before  it 
entered  the  emissary,  connected  by  a  narrow  pas- 
sage,  in  which  were  placed  the  sluices  (epistomia). 
The  mouth  of  the  timnel  itself  consists  of  a  splendid 
arehway  of  the  Doric  order,  nineteen  feet  high  and 
nine  wide,  formed  out  of  large  blocks  of  stone,  re- 
sembling in  construction  the  works  of  the  Claudian 
aqueduct  That  through  which  the  waters  dis- 
chaiged  themselves  into  the  Liris  was  more  simple, 
and  is  represented  in  the  preceding  woodcut  The 
river  lies  in  a  ravine  between  the  areh  and  fore- 
ground, at  a  depth  of  60  feet  below,  and  conse- 
quently cannot  be  seen  in  the  cut.  The  small 
aperture  above  the  embouchure  is  one  of  the  cuni- 
culi  above  mentioned.  It  appears  that  the  actual 
drainage  was  relinquished  soon  after  the  death  of 
Claqdius,  either  from  the  perversity  of  Nero,  as  the 


458 


EMPHYTEUSIS. 


Woidii  of  Pliny  (L  e.)  seem  to  imply,  or  by  neglect ; 
for  it  waa  reopened  by  Hadrian.  (Spart  Hadr, 
22.)  For  fnrtner  information  lee  Hirt,  who  givei 
a  seriea  of  plans  and  sections  of  the  works  con- 
nected with  the  Lacus  Facinns  {GMtude  d. 
OriedL  V.  Aom.  pp.  371-^75,  PL  XXXI.  figs.  14 
—21).  [A.  R.J 

E'MBOLUM.     [Navis.] 

EME'RITI.    [ExBRciTUS.] 

EMME'NI  DIKAE  (ffif^nt^i  ZUeai\  suits  in 
the  Athenian  courts,  which  were  not  allowed  to 
be  pending  abore  a  month.  This  regulation  was 
not  introduced  till  after  the  date  of  Xenophon^s 
treatise  on  the  revenue,  in  which  it  was  proposed 
that  a  more  rapid  progress  should  be  allowed  to 
commercial  suits  (Xen.  de  Vertig,  3),  and  it  ap- 
pears to  have  been  first  established  in  the  time  of 
Philip.  {Or.  de  Haltm,  p.  79.  23.)  It  was  con- 
fined to  those  subjects  which  required  a  speedy 
decision ;  and  of  these  the  most  important  were 
disputes  respecting  commerce  (ifiiropuati  Sirnu,  Pol- 
lux, viiL  63,  101  ;  Harpocrat  and  Suid.  s.v, 
"Zfifiriyoi  Afjccu),  which  were  heard  during  the  six 
winter  months  from  Boifdromion  to  Munychion, 
so  that  the  merchants  might  quickly  obtain  their 
rights  and  sail  away  (Dem.  c  ApaL  p.  900.  3)  ; 
by  which  we  are  not  to  understand,  as  some  have 
done,  that  a  suit  could  be  protracted  through  this 
whole  time,  but  it  was  necessary  that  it  should  be 
decided  within  a  month.  (Bdckh,  JPuJbL  Eoim,  of 
Athens^  p.  60,  2nd  ed.) 

All  causes  relating  to  mines  (juraXXtKoi,  Sticai) 
were  also  f/ufiif yoc  iueai  (Dem.  e.  Pcudam.  p.  966. 
17)  ;  the  object,  as  Bdckh  remarks  {On  iks  Saver 
Mines  qf  Laurion^  PubL  Eeon,  of  Athens^  p.  667) 
being  no  doubt  that  the  mine  proprietor  might 
not  be  detained  too  long  from  his  business.  The 
same  was  the  case  with  causes  relating  to  tpc»oi 
(Pollux,  viiL  101;  Harpocrat  and  Suid.  2.  c.) 
[Erani]  ;  and  Pollux  {I  c.)  includes  in  the  list, 
suits  respecting  dowry,  which  are  omitted  by  Har- 
pocration  and  Suidas. 

EMPHRU'RI  {iiju^povpoi\  finm  ^vpd,  the 
name  given  to  the  Spartan  citisens  during  the 
period  in  which  they  were  liable  to  military  ser- 
vice. (Xen.  Rep,  Lac  v.  7.)  This  period  lasted  to 
the  fortieth  year  from  manhood  (d^  9^^s),  that  is 
to  say,  to  the  sixtieth  year  firom  birth  ;  and  during 
this  time  a  man  could  not  go  out  of  the  country 
without  permission  firom  the  authorities.  (Isocr. 
Bueir,  p.  225,  where  /idx<MOs,  according  to  Miiller, 
Dor.  iii.  12.  §  1,  is  evidently  put  for  %yuppovfMs,) 

EMPHYTEUSIS  {ifuf>&r€wris,  literally  an 
**  in-planting  '^)  is  a  perpetual  right  in  a  piece 
of  land  that  is  the  property  of  another:  the 
right  consists  in  the  legal  power  to  cultivate  it, 
and  treat  it  as  our  own,  on  condition  of  cultivating 
it  properly,  and  paying  a  fixed  sum  (anion,  pentio^ 
reditus)  to  the  owner  {dominus)  at  fixed  times.  The 
right  is  founded  on  contract  between  the  owner 
(dominus  emphyteuseos)  and  the  lessee  (emphy- 
teuta),  and  the  land  is  called  ager  vectigalis  or 
emphyteuticarius.  It  was  long  doubted  whether 
this  was  a  contract  of  buying  and  selling,  or  of 
letting  and  hiring,  till  the  emperor  Zeno  gave  it  a 
definite  character,  and  the  distinctive  name  of  con- 
tractus emphyteuticarius. 

The  Ager  Vectigalis  is  first  distinctly  moitioned 
about  the  time  of  Hadrian,  and  the  term  is  applied 
to  lands  which  were  leased  by  the  Roman  state, 
by  towns,  by  ecclesiastical  corporations,  and  by  the 


EMPHYTEUSIS. 
Vestal  viignia.  In  the  IHgett  mcntioB  ooahf  ! 
made  of  lands  of  towns  so  let,  with  a  distinctioai  < 
them  into  agri  vectigales  and  non  vectigales,  m 
cording  as  the  lease  was  perpetual  or  not  ;  Imt  i 
either  case  the  lessee  had  a  real  action  {wtiiis  m  rei 
actio)  for  the  protection  of  his  ngkti,  even  agaisi 
the  owner. 

The  term  Emphyteusis  first  ocems  in  the  Digpsl 
The  Praedia  Emphyteutica  are  also  frequently  ncci 
tioned  in  the  Theodoatan  and  Justinian  Codes,  bu 
they  are  distinguished  fiwm  the  agri  Tccti^iJei 
Justinian,  however,  pnt  the  emphytenaia  and  th 
ager  vectigalis  on  the  same  footing ;  and  in  the  cae 
of  an  emphyteusis  (whether  the  lessor  -wmm  a  com 
munity  or  an  individual),  the  law  waa  dedar«i  u 
be  the  same  as  in  the  case  of  leases  of  town  pro 
perty.  This  emphyteusis  was  not  ownership :  i 
was  a  jus  in  re  only,  and  the  lessee  ia  conetanttj 
distinguished  fimn  the  owner  (dominoa).  Yet  th< 
oecupier  of  the  ager  vectigalis  and  the  csni^ytefrti 
had  a  juristical  possessio ;  a  kind  of  incnnsistfiicT) 
which  is  explained  by  Savigny,  bj  allowing  thai 
the  ager  vectigalis  was  fi>rmed  on  the  nsmiogj  d 
the  ager  pobUcns,  and  though  theie  were  mas; 
diiferences  between  them,  there  waa  nothing  !&• 
consistent  in  the  notion  of  possession,  aa  appbed  M 
the  public  land,  being  transferred  to  the  ager  vec- 
tigalis  as  a  modified  fixm  of  the  ager  pablicaB. 

Though  the  emphyteuta  had  not  the  ownership 
of  the  limd,  he  had  an  almost  unlimited  right  to 
the  enjoyment  of  it,  unless  there  were   special 
agreements  limiting  his  right.  The  finita  beloi^ged 
to  him  as  soon  as  they  were  separated  fitm  die 
soiL     (Dig.  22.  tit.  1.  s.  25.  §  1.)     He  could  seO 
his  interest  in  the  land,  after  giving  notice  to  the 
owner,  who  had  the  power  of  choosing  whether  he 
would  buy  the  land  at  the  price  whidi  the  per- 
chaser  was  willing  to  give.    But  the  lessee  oooki 
not  sell  his  interest  to  a  person  who  waa  vnable  to 
maintain  the  property  m  good  oonditioo.     The 
lessee  was  bound  to  pay  all  the  public  charges  and 
burdens  which  might  fall  on  the  land,  to  impede 
the  property,  or  at  least  not  to  deteriorate  it,  and 
to  pay  the  rent  regularly.     In  case  of  the  lessee^s 
interest  being  transferred  to  another,  a  fiftieth  pan 
of  the  price,  or  of  the  value  of  the  property,  wbea 
the  nature  of  the  transfer  did  not  require  a  price  to 
be  fixed,  was  payable  to  the  owner  on  the  admis- 
sion of  the  new  emphyteuta,  and  which,  as  a  ^miI 
rule,  was  payable  by  him.    Under  theae  limitatioBs 
the  dominus  was  bound  to  admit  the  new  emphy- 
teuta (in  possessionem  susdpeie.)     If  the  dorainai 
refused  to  admit  him,  the  seller,  after  certain  fonca- 
lities,  could  transfer  all  his  right  without  the  coo- 
sent  of  the  dominus.     The  heredes  of  the  emphy- 
teuta were  not  liable  to  such  payment     The 
emphyteuta  could  dispose  of  his  right  by  testamoii  : 
in  case  of  intestacy  it  devolved  on  his  heredca. 

The  origin  of  the  emphyteusis,  as  already  stated, 
was  by  contract  with  the  owner  and  by  tradition; 
or  the  owner  might  make  an  emphyteusis  by  hk 
last  will  Itmight  also  in  certain  cases  be  fiKuided 
on  prescription. 

The  right  of  the  emphyteuta  might  cease  io 
several  ways  ;  by  surrender  to  the  dominus,  or  by 
dying  without  heirs,  in  which  case  the  empfarteuM 
reverted  to  the  owner.  He  might  also  lose  his 
right  by  injuring  the  {voperty,  by  non-payment  of 
his  rent  or  the  public  biudens  to  which  the  land 
was  liable,  by  alienation  without  notiee  to  the 
dominusy  &c    In  luch  cases  the  dcminus  could 


EMTIO  fiT  VKNDma 

(1%.  &  tit.  3,  and  39.  tit  4  ;   Cod.  4.  tit  66 
InL3Ltk.24  (25)  ;  MGUenlmieh,  DoetrimaPam^ 
Jtdarwm. ;  SftTigay,  Dn  Reekt  dm  Bnitxe$^  p.  99, 
At.  PL  180  :  Mackeldey,  LeMmeAy  Slc  §  295,  &c 
5384,  12tfced.)  (O.  L.] 

£MPa'RIUM  {rh  ^it^VMo^^aplaoeforwhoIe- 
■fe  tiade  in  eoBuaodttiet  curved  by  na.  The 
Dsae  »  MBctimcs  applied  to  a  sea-port  town,  but 
a  prapedj  s%ni6es  only  a  particalar  place  in  tneh 
A  fi>viL  Thns  Amphitiyo  lays  (Plant.  AwgJL  iv. 
I.  4)  tfaai  he  looked  fior  a  peiaon. 

^Aprnd  tmpmimwtj  atqne  in  maeello,  in  pahiestza 

atqne  in  foio^ 
la  nedicinia,   in  toDftrinia,  apnd  omnia  acdis 


ENDEIXIS. 


45# 


fCwpve  Lit.  xzzt.  10,  zlL  27.)  The  word  it 
doivRi  fioB  Ifurfljpos,  which  siffiufies  in  Homer  a 
pawn  who  a3a  aa  a  peawngrr  m  a  ahip  belonging 
t»  aaocfaer  penan(Orf.]L  319,  xxir.  300)  ;  bat  in 
]ata  wijien  it  oignifiea  the  merehant  who  carriea 
«■  uiiiuuace  with  fiareign  ooontriea,  and  difSera 
fsaa.  tdaniKts^  the  retail  dealer,  who  pnrchaaea  hia 
gooda  fiun  tk«  itanpos  and  letaila  them  in  the 
iBKket-paace.     (Plat.  Db  Rep,  il  p.  871.) 

At  Athena,  it  u  aaid  {Lex.  siff.  p.  208)  that 
Viae  were  two  kinds  of  anporia,  one  tot  foreignera 
aad  the  ether  far  natives  {^pik6p  and  ioruc^)  ; 
l«itthiaap|wu«doabtfiiL  (Bockh,  Pa6^  .Sboa.  </ 
A&em^  p.  313,  2ad  ed.)  The  emporimn  at  Athena 
vaa  ander  the  inspection  of  certain  officera,  who 
vEie  elecled  aanaally  {hnfu^ifrtiJt  roS  ifaroplou), 
[EnHSLXTAX,  Nob  3.] 

EMPTI  BT  VE'NDITI  A'CTIO.  The  teller 
hat  aa  actio  Tcnditi,  and  the  buyer  haa  an  actio 
eaiita,vpoB  the  eontzact  of  aale  and  purchase.  Both 
ef  th^  are  acdonea  directae,  and  tfieir  object  is  to 
obuia  the  fulfilment  of  the  oUigations  resulting 
from  the  eontnct.     (Dig.  19.  tit  1.)       [O.  L.] 

E  MPTIO  ET  VENDI'TIO.  The  contract  of 
ba^nag  aad  adiing  is  one  of  those  which  the  Ro- 
sam  cafledex  consensu,  because  nothing  more  was 
nqsired  than  the  consent  of  the  parties  to  the  oon> 
tnct  (Osina,  iiL  135,  &c.)  It  connata  in  the 
haja  sgrediw  to  gire  a  certain  sum  of  money  to 
tile  teUcci,  and  the  seller  agreeing  to  gire  to  the 
barer  sane  certain  thing  for  hia  money  ;  and  the 
contact  is  csmplete  aa  aoon  aa  both  partiea  haTe 
a«reed  about  the  thing  that  is  to  be  sold  and  about 
tbc  price.  No  writing  is  required,  unless  it  be 
part  of  the  contract  that  it  aball  not  be  complete 
till  it  it  reduced  to  writing.  (Dig.  44.  tit  7.  t.  2; 
Ibsl  3.  tit  23b)  After  the  agreement  it  made,  the 
barer  k  bound  to  pay  hia  money,  erea.  if  the  Uiing 
wkkh  ia  the  object  of  purchase  should  be  accident- 
aHj  destroyed  be&re  it  is  delivered ;  and  the  teller 
most  deliver  the  thing  with  all  itt  intermediate  in- 
oeaae.  The  purchaser  does  not  obtain  the  ownenhip 
of  the  thing  till  it  has  been  delivered  to  him,  and  tiU 
be  hat  paid  the  purchase  money,  unless  the  thing  it 
toldoD  credit  (Dig.  19.  tit  1.  s.  11,  §  2.)  If  he 
does  not  pay  the  porchaae  money  at  the  time  when 
it  is  due,  he  must  pay  interest  on  it  The  seller 
mat  alio  warrant  a  good  title  to  the  purchase 
[Evcno],  and  he  must  alto  wanant  that  the 
thing  hts  no  concealed  defects,  and  that  it  has  all 
tie  good  qualities  which  he  (the  seller)  attributes 
t»  it  It  was  with  a  view  to  cheek  frauds  in  talet, 
and  eiperially  in  the  sales  of  sUves,  that  the  seller 
«a>  cbUged  by  the  edict  of  the  cunile  aediles 


[Eoktum]  to  inform  the  buyer  of  the  defects  of 
any  slave  offered  for  tale :  **  Qui  mancipia  vendunt, 
certioret  Caciant  cmptoret  quod  morbi  vitiique,*'  &c 
(Dig.  21.  tit  1.)  In  reference  to  thit  part  of  the 
law,  in  addition  to  the  utual  action  anting  from 
the  csntract,  the  buyer  had  against  the  telter,  ac- 
cording  to  the  circumttances,  an  actio  ex  stipuUtu, 
redhibitoiia,  and  quanti  minoris.  Horace,  in  bit 
Satires  (ii  3.  286),  and  in  the  beginning  of  the 
second  epistle  of  the  second  book,  alludes  to  the 
precautions  to  be  taken  by  the  buyer  and  seller 
ofaskve.  [OlU] 

ENCAUSTICA.    [PiCTinu,  No.  7.] 

ENCLE'MA  (iyitKiitM).    [Dikb.] 

ENCTE'SIS  (fyKTnvit),  the  right  of  posteasbg 
landed  property  and  houses  (Kyicntats  y^s  iti 
oiicias)  in  a  foreign  country,  whidi  was  frequently 
granted  b^  one  Greek  state  to  another,  or  to  se- 
parate indrriduala  of  another  atate.  (Dem.  De  Cw, 
nw  265.  7  ;  Bockh,  CbfTK  Inaeripi.  voL  I  p.  725.) 
ETiTT^furra  were  auch  possessions  in  a  foreign 
country,  and  are  opposed  by  Demosthenes  {D% 
HaUm,  p.  87.  7)  to  rr^/iara,  possessions  in  one^ 
own  country.  (Valcken.  ad  Herod,  v.  23.)  The 
term  ^yicr^iuara  was  also  applied  to  the  bmded 
property  or  houses  which  an  Athenian  posaeaaed 
m  a  different  3iifwt  from  that  to  which  he  belonged 
by  birth,  and  with  reapect  to  such  property  he 
was  called  fyacirni^t^res :  whence  we  find  De- 
mosthenes (e.  Pabfd.  p.  1208.  27)  speakinc  of  ef 
dii^ac  sol  ol  iyuMtennUvQi,  For  the  right  of 
holding  propel  ty  in  a  8^«  to  which  he  did  not 
belong,  he  had  to  pay  such  Zi^iun  a  tax,  which  ia 
mentioned  in  inscriptions  under  the  name  of  iy- 
KTrrruc69,  (Btfckh,Pa6^£boa.o/^aaM,p.297, 
2taded.) 

ENDEIXIS  (&dci(<r),  properiy  denotes  a  pitwe- 
cndon  instituted  againat  such  persons  as  were  al- 
leged to  have  exerdsed  rights  or  held  offices  while 
labouring  under  a  peculiar  disqualification.  Among 
these  are  to  be  reckoned  atate  debtora,  who  during 
their  liability  aate  in  court  aa  dicattt,  or  took  any 
other  part  in  public  life  ;  exiles,  who  had  returned 
clandestinely  to  Athens ;  those  that  vitited  holy 
places  after  a  conviction  for  impiety  (iff4€€ta)  •  and 
all  smh  as  havins  incurred  a  partial  disfranchiae- 
ment  (&rf/A(a  Kara  trp^ffra^w)  presumed  to  exercise 
their  forbidden  functiont  ss  before  their  condemna- 
tion. Besides  these,  however,  the  aame  form  of 
action  was  available  aoainst  the  chairman  of  the 
proedri  (^urrdnff ),  who  wrongly  refused  to  take 
the  votes  of  the  people  in  the  attembly  (Plat 
ApoL  p.  32)  ;  againtt  malefoctora,  especially  mur- 
derers (which  SchOmann  thinks  was  probably  the 
course  pursued  when  the  time  for  an  apagoge  had 
been  suffered  to  elapse)  ;  traitors,  ambastadora 
aoeuaed  of  malveraation  (laocrat  c  CalUm.  11)  ; 
and  peraona  who  fumiahed  auppHes  to  the  enemy 
during  war.  ( Aristoph.  Eqait  278  ;  Andoc  De 
Redi^  82.)  The  first  step  taken  by  the  proae- 
cutor  was  to  lay  his  information  in  writing,  also 
called  endeueUi  before  the  proper  magittrate,  who 
might  be  the  archon  or  king  archon,  or  one  of  the 
thesmothetae,  aooordin|f  to  the  subject-matter  of 
the  informatian  ;  but  m  the  case  of  a  malefiictor 
{KOKovfryos)  being  the  accused  person,  the  Eleven 
were  the  officera  applied  to.  It  then  became  the 
duty  of  the  magiatrate  to  arrest,  or  hold  to  bail, 
the  person  criminated,  and  take  the  usual  steps  for 
bringing  him  to  trial  There  is  great  obscurity  as 
to  the  result  of  condemnation  in  a  prosecution  of 


460 


IgNECHTRA. 


this  kind.  Hemldni  {Amnuuh,  m  Salm.  !▼.  9. 
§  10)  ridiculei  tHe  idea  that  it  was  inTariably  a 
capital  ponisbment  The  aocoser,  if  unsuocessfal, 
was  responsible  for  bringing  a  malicious  chaige 
(^cvSovt  4p99^9m  focMvrof).  (Schumann,  IM 
Qm,  p.  175,  Att.  Proc  p.  239,  dtc.) 

The  mdeixUt  ifogoge  {iancp^)  and  qAtgesU 
(itkyv^u)  most  be  caiefolly  djstinguished.  Pollux 
says  (yiiL  49)  that  the  mdeueit  was  adopted  when 
the  accused  was  absent ;  the  apo^oge  when  he  was 
present ;  and  we  know  that  the  apoffofft  was  a 
summary  process,  in  which  the  defendant  was  al- 
lowed to  apprehend  a  culprit  caught  m  ipto  /taeto 
and  lead  him  before  a  magistrate.  In  case  the 
charge  was  ill-founded,  the  complainant  lan  the 
risk  of  forfeitmg  1000  drachmae.  If  he  did  not 
like  to  expose  himself  to  this  risk,  he  might  have 
recourse  to  the  ^tkeptm  {iffryii<rtt\  in  which  he 
made  an  application  to  the  proper  magistrate, 
as,  for  instance,  to  one  of  the  Eleren,  if  it  were 
a  case  of  burghtry  or  robbery  attended  with  murder, 
and  conducted  him  and  his  officers  to  the  spot 
where  the  capture  was  to  be  effected.  (Comp. 
Dem.  A  Androt.  p.  601.) 

The  cases  in  which  the  c^oTc^and  epheffm  were 
most  generally  allowed,  were  those  of  thefl,  murder, 
ill-usage  of  parents,  &c.  The  punishment  in  these 
cases  was  generally  fixed  by  law;  and  if  the 
accused  confessed,  or  was  prored  guilty,  the  magis- 
trate could  execute  the  sentence  at  once,  without 
^>pealing  to  anr  of  the  jury-courts  ;  otherwise,  it 
was  necessary  that  the  case  should  be  referred  to  a 
higher  tribuniaL  (Aesch.  e,  T^marek.  c  87  ;  Dem. 
De  Fah.  Legal,  p.  431.)  The  magistrates  who 
presided  oTer  the  apagoge  were  generally  the  Eleven 
(ol  ?y8eira,  Dem.  &  Timocr,  n.  736 ;  Lysias,  c 
Agorat  c  85) ;  sometimes  the  chief  archon  (Aesch. 
c  Timarek,  c  64),  or  the  thesmothetae  (Dem.  e, 
Arittoer.  p.  630).  The  most  important  passage 
with  regard  to  the  apagoge  (Lysias,  e,  AgoraL 
§  85,  86)  is  unfortunately  corrupt  and  unintelligible. 
(See  Sluiter,  LeeL  Andodd.  p.  254,  &c.)  The 
complainant  was  said  iardytuf  r^v  iantyuyffp :  the 
magistrates,  when  they  allowed  it,  impftZix'^irro 
T^v  iarciywy^iif,  [J.  S.  M.] 

E'NDROMIS  (^r8po;at),  a  thick  coarse  blanket, 
manufiu;tured  in  Oaul,  and  called  "  endromis  ^  be- 
cause those  who  had  been  exercising  in  the  stadium 
(4r  Bp6fA^)  threw  it  over  them  to  obviate  the  ef- 
fects of  sudden  exposure  when  they  wen  heated. 
Notwithstanding  its  coane  and  shaggy  appearance, 
it  was  worn  on  other  occasions  as  a  protection  finom 
the  cold  by  rich  and  fashionable  persons  at  Rome. 
(Juv.  iii.  103  ;  Mart  iv.  19,  xiv.  126.)  Ladies 
also  put  on  an  endromis  of  a  finer  description  (en- 
dronUdas  TyruM,  Juv.  vi.  246),  when  they  partook, 
as  they  sometimes  did,  of  the  exercises  of  the 
pakestra.  Moreover,  boots  [0>thurnu8]  were 
called  Mpofu^s  on  account  of  the  use  of  them  in 
running.  (Callim.  Hymn,  m  Dion,  1 6,  m  2>0^icfR, 
238  ;  Pollux,  iiL  155,  vii.  93  ;  Brunck,  Anal,  iii. 
206.)  [J.Y.I 

ENKCHYRA  (Mxypa),  In  private  suits  at 
Athens,  whether  tried  by  a  court  of  law,  or  before 
an  arbitrator,  whenever  judgment  was  given  against 
a  defendant,  a  certain  period  was  at  the  same  time 
fixed  (^  Tpo9c0'/ila),  before  the  expiration  of  which 
it  was  incumbent  upon  him  to  comply  with  the  ver- 
dict In  defiuUt  of  doing  so  he  became  6rcfy^/icpof, 
or  over  the  day,  as  it  was  called,  and  the  plaintiff 
was  privileged  to  seize  upon  (ft^(r0ai)  his  goods 


ENOYE. 

and  chattels  as  a  security  or  compenaatian  for  na 
compliance.  (Dem.  e.  Mod.  p^  540.  21  ;  Ulp' 
ad  loc  ;  Aristoph.  ATai&ei,  35.)  The  pnipert j  1 
taken  was  called  4r€x**P^  >nd  slaves  were  g 
rally  seized  before  anything  else.  (Atben. 
p.  612,  c.)  This  ** taking  in  execatioa  **  vas  us^ 
ally  left  to  the  party  who  gmned  the  suit,  and  whij 
if  he  met  with  resistance  in  making  a  seixaie,  ^ 
his  remedy  in  a  Sfici}  i^oikipi  if  wkh  ppranraj 
violence,  in  a  BUni  aUlas,  (Dean.  c.  .fibn^.  ^ 
1153.)  On  one  occasion,  indeed,  we  vend  of  ^ 
public  officer  (^nf^Mlnrf  npk  rqs  Apx^>  bein^ 
taken  to  assist  in,  or  perhaps  to  be  a  witness  oC  ^ 
seizure  ;  but  this  was  in  a  case  wliere  public  m^ 
terests  were  concerned,  and  canseqnent  upon  &  d^ 
cision  of  the  /BovX^  (Id.  c  Ec&rg.  1 149.>  The 
same  oration  gives  an  amusing  aoeoant  of  wha^ 
Englishmen  would  consider  a  caae  of  ^^aaaanh  asi 
trespass,**  committed  by  some  plaintiA  in  a  dfe-i 
fendant^  houses  though  the  amount  o£  damages 
which  had  been  given  (17  aoraSLni)  w«a,  accordi^ 
to  agreement,  lying  at  the  bank  (M  Tp  Tpair4^j, 
and  there  awaiting  their  receq>t 

It  seems  probable,  though  we  are  not  aware  af 
it  being  expressly  so  stated,  that  gooda  thus  seized 
were  publicly  sold,  and  that  the  party  from  whom 
thev  were  ti^en  could  sue  his  opponent,  petinps  by 
a  ihni  iSAdAfs,  for  any  surplus  which  might  remam 
after  all  legal  demands  were  satisfied.  No  nesmn 
of  this  sort  could  take  place  during  aereral  of  clbe 
religious  festivals  of  the  Athenians,  ancb  as  the 
Dionysia,  the  Lenaea,  &c.  They  were,  in  fatt, 
diet  non  in  Athenian  law.  (Dem.  e.  Meid,  p,  S18; 
Hudtwalcker,  Diaet.  p.  1 32.)  [K  W.J 

ENOYE  {irr^)i  ImuI  or  sureties,  woe  ia 
very  frequent  requisition,  both  in  the  private  and 
public  affiurs  of  the  AUieniaas.  Private  agree- 
ments, as,  for  instance,  to  abide  by  the  dedaioo  d 
arbitraton  (Dem.  e,  Apatwr.  pp.  892 — 899), or  that 
the  evidence  resulting  from  the  application  of  tor-' 
ture  to  a  slave  should  be  conclusive  (Dens.  e.  Pa*- 
taen,  p.  978.  11),  were  comb<»ated  by  the  parties 
reciprocally  givmg  each  other  such  suretiea ;  aad 
the  same  took  pla»e  generally  in  all  money  lending 
or  mercantile  transactions,  and  was  isranaUy  ne- 
cessary when  persons  undertook  to  &rm  tolls,  taxes, 
or  other  public  property. 

In  judicial  matters  bail  or  sureties  were  provided 
upon  two  occasions ;  first,  when  it  was  requisite 
that   it  should  be  guaranteed  that  the  accused 
should  be  forthcoming  at  the  trial  ;  and  secondlj, 
when  security  was  demanded  for  the  aatis&ctiisi 
of  the  award  of  the  court     In  the  first  case,  hail 
was  veiy  generally  required  when  the  accused  wai 
other  than  an  Athenian  citizen,  whether  the  acttoD 
were  public  or  private  ;  but  if  of  that  privileged 
dasa,  upon  no  other  occasion,  except  when  pn- 
oeeded  against  by  way  of  Apagqge,   Endeuoi, 
Ephegesis,  or  Eisangelia.   Upon  the  last-mentioDed 
form  bemg  adopted  in  a  case  of  high  treason  bail 
was  not  accepted.     The  technical  word  fiir  requirii^ 
bail  of  an  accused  person  is  KoreyTiMv,  that  fer 
becoming  surety  in  such  case  i^ryyuatrBmt,   Surety 
of  the  other  kind  was  demanded  at  the  beginning 
of  a  suit  upon  two  occasions  only ;  fint,  when  a 
citizen  asserted  the  freedom  of  a  penon  detained 
in  slavery  by  another  ;  and  secondly,  when  a  liti> 
gant,  who  had  suffered  judgment  to  go  by  de&nlt 
before  the  arbitmtor  (SuuriiT^r),  had  reeommeDoed 
his  action  within  the  given  time  (m^  ^y^^  '^)* 
After  the  judgment,  security  of  this  kind  was  re* 


ENOIKIOU  DIKE. 

|dred  in  all  Bwrauidle  mnd  Mme  other  priTate 
bum;  and  itate  drirtofi,  who  had  been  lentenced 
to  reoain  in  pciaon  till  they  had  aequitied  them- 
i^Tes  of  their  liabQitiea,  were,  by  a  law  of  Timo- 
cotes  (Dem.  c  Timoer.  pp.  712 — 716),  allowed  to 
p)  at  Urge  if  they  could  proTide  three  auretiea 
Ikat  the  money  ahoold  be  paid  within  a  limited 
poiod.   If  the  pcindpa]  in  a  contract  made  defiuilt 
th«  mttcj  waa  boond  to  make  it  good,  or  if  he  re- 
used to  do  n,  might  be  attacked  b^  an  iyy^^  ^^ 
i  nch  aclioa  were  bnmght  withm  a  twelTomonth 
if:<T  the  obligation  was  imdertaken.    (Dem.  e. 
Apatm^.  ppi  901,910.)  I^howoTer,  a  penon  accoied 
in  a  pabliie  action  by  one  of  the  forms  above  men- 
tiooed  failed  to  appear  to  take  his  trial,  his  bail 
became  bible  to  any  poniahment  that  sach  person 
bd  ineaned  by  contempt  of  court ;  and,  conaiatently 
vith  thia,  it  appeara,  from  a  passage  in  Xenoph<m 
{HO.  i  7.  S39X  that  the  law  allowed  the  bail  to 
ledire  the  penon  of  the  accused  by  private  con- 
benest    {Uwt,  AiL  Pne.  ^  515,)    [J.  &  M.] 
ENGUE'SIS  (fy7^<0*     [Matrixoniuk.] 
K  NNATA  {hwwra).    [FoNua.] 
ENOIKIOU  DIKE  (ipouclov  Stjni),  action 
boight  (like  our  tntpau/br  AMsas  prqfiia  after  a 
(sctnafid  sctioa  of  ejectment)  to  recoTcr  the  rents 
«iiiibeld  from  the  owner  during  the  period  of  his 
being  kept  oat  of  possession.     If  the  pnmerty  re- 
eormd  weie  not  a  house,  but  land  (in  the  more 
ooDfiaed  aesie  of  the  word),  the  action  for  the 
rata  aod  pnfits  waa  called  icapwov  Biitn,   It  seems 
itm  the  laogoage  of  the  grammarians,  that  these 
actina  cobM  be  bioogfat  to  try  the  title  to  the 
atate,  aa  vd  aa  for  the  abore-mentioned  purpose. 
Perhaps  both  the  tenement  and  the  mtermediate 
profits  might  be  recoTcred  by  one  suit,  but  the  pro- 
ceedisg  mold  be  more  haiafdous,  beouise  a  failure 
n  one  part  of  the  demand  would  inyoWe  the  loss 
of  the  whole  caose.    Thus,  the  title  of  a  party  to 
the  land  itaelf  might  have  expired,  as  for  instance 
where  he  held  imder  a  lease  for  a  term ;  yet  he 
vwld  be  entitled  to  recover  certain  bygone  profits 
frxn  one  who  had  diapoesessed  bun.     Therefore  it 
ii  Bot  impnbaUe  that  the  Sdccu  w.  and  Kop,  might 
■  pnetia  he  confined  to  those  cases  where  the 
icQU  and  pnfits  only  were  the  subject  of  chiim. 
We  are  told  that,  if  the  defendant,  after  a  judg- 
iBcnt  io  one  of  these  actions,  still  refused  to  give 
Bti^bctioo,  an  oMas  8Ui|  might  be  commenced 
agaiut  him,  of  which  the  effect  was,  that  the 
plaintiff  obtained  a  right  to  indemniiy  himself  out 
<tf  tbe  vhole  property  of  the  defendant  SchSmann 
obwnei,  th«t  this  was  a  circuitous  proceeding, 
vben  the  plaintiff  might  take  immediiUe  steps  to 
necatioQ  by  means  of  entry  and  ejectment.    His 
MJectoR,  however,  that  die  Curias  9iini  was  in 
BKiokt  times  an  hnportant  advantage,  when  real 
W^j  coold  not  in  the  firat  instance  be  taken  in 
extcatm,  is  probably  not  Car  from  the  truth,'  and 
■  ntpported  by  analogy  to  the  laws  of  other 
^^  which,  being  (in  the  infoncy  of  civiliia- 
^)  ftaned  by  the  landowners  only,  bear  marks 
ot&ntchfol  jcaloQsy  of  any  encroachment  upon 
theirnghti.   He  ranaiks  also,  that  the  giving  to 
^  pny  the  choice  between  a  milder  and  a  more 
•'j^  waedy,  accorda  with  the  general  tenor 
^  "pint  of  the  Athenian  laws.     We  may  add, 
MM  ow  own  law  fbrnidhea  an  illustration  of  this, 
jaj^lwetheplftmtiff  has  obtained  a  judgment, 
«has theoptian  of  proceeding  at  once  to  execu- 
w«S  or  bnogiDg  m  jcjjoa    ©n  the   judgment ; 


ENTASIS, 


4^1 


though  with  us  the  latter  measure  is  considered 
the  more  vexatious,  as  it  increases  the  costs,  and  is 
rendered  less  necessary  by  the  fiadlity  with  which 
executions  can  be  levied.  At  Athens  the  i^knt 
Sfjcn,  as  it  was  the  ultimate  and  most  efficacious 
remedy,  drew  with  it  also  more  penal  consequences, 
as  is  explained  imder  EuBArmu^  [Meier,  AtL 
Proc  p.  749.)  [C.  R.  K.] 

£NOM(yTIA  (^Mf^iorfa).    [Exuicrru&] 

ENSIS.      [0LADIU8.] 

E'NTASIS  {irrmris).  The  most  ancient  oo- 
lunms  now  existing  are  remarkable  for  the  extreme 
diminution  of  the  uiaft  between  its  lower  and  upper 
extremity,  the  sides  of  which,  like  those  of  a  cone, 
converge  immediately  and  rmlariy  from  the  base 
to  the  neck,  so  that  the  edge  forms  a  straight  line — 
a  mode  of  construction  wUch  is  wanting  in  grace 
and  apparent  solidity.  To  oonect  this,  a  swelling 
outline,  called  mtatU  (Vitmv.  iii.  2,  iv.  3),  was 
given  to  the  shaft,  which  seems  to  have  bec»i  the 
first  step  towards  combining  giaoe  and  grandeur  in 
the  Doric  column. 

The  original  fbnn  is  represented  by  the  figure  on 
the  left  in  the  annexed  woodcut,  which  is  taken 
from  the  great  temple  at  Posidonia  (Paestam), 
which  is  one  of  the  most  ancient  temples  now  re- 
maining ;  that  on  the  right  shows  the  emtam»y  and 
is  from  a  building  of  rather  later  construction  in 
the  same  city.  Two  other  examples  of  the  same 
style  are  still  to  be  seen  in  Italy,  one  belonging  to 
an  ancient  temple  at  Alba  Fucinensis  (Piranesi, 
Moffidf,  de'  Bom.  tav.  31.  fig.  6),  and  the  other 
at  R4xme,  on  the  sepulchre  of  C.  Publicius.  (/6. 
fig.  7.) 


In  the  example  at  Paestum  the  greatest  devia- 
tion which  the  curved  edge  of  the  column  makes 
from  the  straight  line  of  the  cone  of  which  the 
pillar  may  be  considered  as  a  part,  is  at  about  the 
middle  of  the  height,  but  it  still  keeps  within  the 
line  of  a  peipendicular  drawn  firom  the  circimifer- 
ence  of  the  base  ;  or,  in  other  words,  the  column 
is  thickest  at  the  bnse :  both  these  properties  are 
clearly  shown  by  the  dotted  lines  in  the  woodcut 
(Comp.  Stieglitz,  ArchiioL  d,  Baukimst^  vol  i. 
p.l6l.)  CA.R.] 


462 


EPEUNACTAE. 


ECyRA.    [Aeora.] 

EPANOE'LIA  {hrayytXia).  If  a  citisen  of 
AtheM  had  incarred  irifdoy  the  priTilege  of  taking 
port  or  speaking  in  the  public  aascmblj  was  for- 
feited [Atimia].  But  as  it  sometimes  might 
happen  that  a  person,  though  not  formally  decland 
ifcri/ior,  had  committed  such  crimes  as  would,  on 
accusation,  draw  upon  him  this  punishment,  it  was 
of  course  desirable  that  such  individuals,  like  real 
Krijtioi,  should  be  excluded  from  the  exercise  of  the 
rights  of  citizens.  WheneTer,  therefore,  such  a 
person  ventured  to  speak  in  the  assembly,  any 
Athenian  citizen  had  the  right  to  come  forward  in 
the  assembly  itself  (Aeschin.  e,  Timareh.  p.  104), 
and  demand  of  him  to  establish  his  right  to  speak 
by  a  trial  or  examination  of  his  conduct  (Hoieifiaurta 
rov  fiiov)y  and  this  demand,  denouncement,  or 
threat,  was  called  hrayytXim,  or  ^iruyycAia  5ofci- 
fioffias.  The  impeach^  individual  was  then  com- 
pelled  to  desist  finom  speaking,  and  to  submit  to  a 
scrutiny  into  his  conduct  (PoUux,  viii.  43 ;  Suidas, 
«.  o.  iTayye\ia\  and  if  he  was  convicted,  a  formal 
declaration  of  iirifda  followed. 

Some  writers  have  confounded  the  4Tayy^\ia 
with  ^Kifjuuria,  and  considered  the  two  words  as 
synonyms  ;  but  from  the  statements  made  above, 
it  is  evident  that  the  ioKifuurla  is  the  actual  trial, 
while  the  iirayytXla  is  only  the  threat  to  subject 
a  man  to  the  ^Kifuurla:  hence  the  expression 
4iraryy4\X€tv  BoKifuurlay,  (Sch&mann,  De  CornU, 
.  p.  232.  note  8.  traasl.)  Other  writers,  such  as  Har* 
pooration  and  Suidas,  do  not  sufficiently  distinguish 
^tween  ivwyy^Xia  and  Iy8»i{if :  the  latter  is  an 
Bcciisation  against  persons  who,  though  they  had 
been  declared  Ikifioi,  nevertheless  ventured  to 
assume  the  rights  of  citizens  in  the  public  assem- 
bly ;  whereas  ivorfftXia  applied  only  to  those  who 
had  not  yet  been  convictcKl  of  the  crime  laid  to 
their  charae,  but  were  only  threatened  with  aH  ac- 
cusation for  the  first  time.  (Meier,  AtL  Proc 
p.  210  ;  Schomann,  De  Comit.  p.  232,  note  7. 
transl.)  Wachsmuth  {HeUen,  Alterthimik,  vol.  iL 
p.  236,  2d  edit)  seems  to  be  inclined  to  consider 
the  ^opueii  yfHi^ii  to  be  connected  or  identical 
with  the  ^ToyycA^  but  the  former,  according  to 
the  definitions  of  Photius  and  Suidas,  was  in  reality 
quite  a  different  thing,  inasmuch  as  it  was  intended 
to  prevent  orators  horn  saying  or  doing  unlawful 
things  in  the  assembly  where  they  had  a  right  to 
come  forward ;  whereas  the  iirayytXta  was  a  de- 
nunciation, or  a  promise  to  prove  that  the  orator 
had  no  right  at  all  to  speak  in  the  assembly.  [L.  S.] 
EPARITI  (UapiToi),the  name  of  the  standing 
army  in  Arcadia,  which  was  formed  to  preserve 
the  independence  of  the  Arcadian  towns,  when 
they  became  united  as  one  state  after  the  defeat 
of  the  Spartans  at  Leuctra.  They  were  5000  in 
number,  and  were  paid  by  the  state.  (Xen.  HelL 
viL  4.  §  34,  vii.  5.  §  3 ;  Diod.  xv.  62,  67 ;  Hesych. 
8.  V.  irropAifToi ;  Bejot,  in  Minu  de  rAoad.  des 
Inecrip,  xxxii.  p.  234  ;  Kellermann,  De  Re  MiHtari 
Arvadum^  p*  44 ;  Wachsmuth,  Hdlen.  AUerlkunuk, 
vol.  i.  p.  283,  2d  ed.) 

EPAU'LIA.  [Matrimonium.] 
EPEHNACTAE  {iirevytucrai),  a  class  of 
citizens  at  Sparta  who  are  said  to  have  been  the 
ofispring  of  slaves  and  the  widows  of  Spartan 
citizens.  Theopompus  tells  ns  (Athen.  viL  p. 
27),  d)  that  in  the  Messenian  war,  in  consequence 
of  the  great  losses  which  the  Spartans  sustained, 
they  mairied  the  widows  of  those  who  were  slain 


EPHEBtrS. 

to  helo^  and  that  these  helots 
the  citizenship  under  the  name  of 
Diodoms  (Mai,  Ease,  VaL  p.  10)  «Uo  calls  the  ) 
tisans  of  Phalanthus  irwvtwni,  (PASTHByiAJ 
(Thirlwall,  Hist  <f  Greece,  vol  L  p.  353;  Ma 
Dor.  iii.  3.  §  5.) 

EPHEBE'UM.     [GTMNAsroM.! 

EPHE'BUS  (r^9|«oi),  the  name  of  an  Ath<n| 
youth  after  he  had  attained  the  age  of  18.  (Poll 
viii  105  ;  Harpocrat  s.  «.  'EnBifrms  'Hi^^ 
The  state  of  4ipii€tia  lasted  for  two  yean,  till  ^ 
young  men  had  attained  the  age  of  20,  whni  tij 
became  men,  and  were  admitted  to  ahare  all  i 
rights  and  duties  of  a  citizen,  for  wliicfa  the  h 
did  not  prescribe  a  more  advanced  age.  That  i 
young  men,  when  they  became  iipn^at^  did  not  j 
ceive  all  the  privileges  of  full  citixens,  is  admitd 
on  all  hands ;  but  trom  the  asaertion  of  Pollux  J 
Harpociation,  who  state  that  their  names  were  ij 
entered  in  the  lexiarchic  registers  mitii  tfaer  Ij 
completed  their  20th  year,  tl^t  is  to  say,  until  tb 
had  gone  through  the  period  of  ^^i|6c£a,  it  wa^ 
seem  that  they  were  not  looked  upon  as  citizens  I 
long  as  they  were  l^tfoi,  and  that  consequecj 
they  enjoyed  none  of  the  {Mivilegea  of  full  cidsH 
But  we  Iwve  sufficient  ground  for  believing,  thi 
the  names  of  young  men  at  the  time  they  becaq 
dpufSotf  were  entered  as  citizens  in  the  lexiarrli| 
registen,  for  Lycurgus  (e.  Leoerat,  p.  189)  uses  t£ 
expressions  M^iSovyiyytirBiuvi^  tls  rh  Ai}(iapx'«^ 
ypafifjMTtTbp  iyypiiptffikLL  as  synonyinous.  Ta 
statement  of  Harpocration  and  Phodns  is  tberefoj 
probably  nothing  but  a  folse  inference  from  the  &d 
that  young  men  before  the  completion  of  their  'iOtj 
year  were  not  allowed  to  take  an  active  part  in  tfai 
public  assimibly ;  or  it  may  be,  that  it  arose  out  d 
the  law  which,  as  Schomann  {De  OomiL  p.  7JI 
transl.)  interprets  it,  prescribed  that  no  AtheniaJ 
should  be  enrolled  in  the  lexiarchic  regigten  heiai 
the  attainment  of  the  18th,  or  after  tlM  oorapletid 
of  the  20th  year  [Docimji8IA.J  From  the  onttGO 
of  Demosthenes  against  Aphobos  (pw  814,  &e.  i 
compare  e,  Onetor,  p.  868),  we  see  that  some  oi 
the  privileges  of  citizens  wen  confened  upon  yom^ 
men  on  becoming  l^i^oi :  Demosthenes  himself  sf 
the  age  of  18,  entered  upon  his  pBtrimoDv,  and 
brought  an  action  against  his  guardians ;  one  Man- 
tithens  (Demosth.  e.  Boeot,  De  Dote^  pw  1005)  re- 
lates that  he  married  at  the  age  of  18  ;  and  these 
fiicts  are  stated  in  such  a  manner  that  we  must 
infer  that  their  occunrenoe  had  nothing  extra- 
ordinary, but  were  in  accordanee  with  the  osoal 
custom. 

Before  a  youth  was  enrolled  amoi^  the  ephebi, 
he  had  to  undergo  a  Soaifuurfo,  the  object  of  which 
was  partly  to  ascertam  whether  he  was  the  son  cf 
Athenian  citizens,  or  adopted  by  a  dtizen,  snd 
partly  whether  his  body  was  sufficiently  developed 
and  strong  to  undertake  the  duties  which  now  d^ 
volved  upon  him.  (Aristoph.  Veq>.  533,  with  the 
Schol. ;  Demosth.  c.  Onetor,  p.  868  ;  Xen.  De  Rfp. 
Ath,  c  3.  §  4;  Plato,  CVifo,  p.  51,  with  Stall- 
baum's  note  p.  174.  Eng.  transl.)  Schdmann  {le.) 
believes  that  this  ZoKtfuuria  only  applied  to  orphans, 
but  Aristophanes  and  Plato  mention  it  in  soch  a 
general  way,  that  there  seems  to  be  no  gromid  fbr 
such  a  supposition.  After  the  Somfuvk  the  yonng 
men  received  in  the  assembly  a  shield  and  a  laoce 
(Aristot  ap.  HarpoeraL  a  v.  Aoiri^uurfa) ;  but 
those  whose  fathers  had  fidlen  in  the  defence  of 
their  country,  received  a  complete  imt  of  anaour 


EPHSTAS. 

iD  0»  dMBtie  (AeKlufL  e.  Qmpk.  p.  75,  ed.  Sleph.; 
Plato,  Af€tmM.  ^  24%  with  Stallbaum'B  note.)  It 
ic««9  to  hmn  been  oa  tkis  occanon  tltst  the 
If'^Sn  took  an  osth  in  the  temple  of  Artemk 
M^Bmm  (BieBOftk  De FaU. Leg.  u.  438;  PoUoz, 
TiiL  IQS\  by  wbieh  they  pledged  themMhret  neter 
tD  dagnee  their  anas  or  to  deaeit  their  eomndet ; 
«o  fight  to  the  last  in  the  defitnce  of  their  country, 
ia  ahazBand  hearths ;  to  leave  thdrcoontrj  not  in 
a  voEM  hnt  in  a  better  Hate  than  they  fonnd  it ; 
tD  obey  die  m^iiitiatea  and  the  laws  ;  to  reeiat  all 
attesspta  to  aalmt  the  inatitntiona  of  Attica,  and 
fenllj  to  icaput  the  religion  of  their  fbre&then. 
Thia  offlfmnity  took  place  towards  the  doae  of  the 
year  {im  A|pX*<P*via:s),  and  the  featiTe  season  bore 
the  nana  of  ^^io.  {leaevMy  DeApoUod.  c  28; 
Deeaoath.  e.  Leoekar.  p.  ]0«^.)  The  external  dis- 
txactian  of  the  C^ifCoi  consisted  in  the  x^^'  ai^<l 
the  vrrotfos.     (Hematerhnia,  ad  Pallme.  x.  164.) 

Duiiag  the  two  yean  of  the  ipn^tia,  which  may 

be  ooasidered  aa  a  kind  of  apprenticeahip  in  aims, 

lad  in  which  the  yoong  men  prepared  themseWes  for 

tbe  higher  dntiea  of  fall  eitisena,  they  were  gene- 

aUj  sent  into  the  conntry,  under  the  name  of 

««^£nAM,  to  keep  watch  in  the  towns  and  for- 

trpoei,  «  the  coast  and  frontier,  and  to  perform 

•ther  datiea  which  might  be  necessary  for  the  pn>- 

tectiao  of  Attica.   (PoUnz,  viii  106 ;  Photins,  t.  e. 

UgpiwaXMi  Plato, />e  iL«^.  vL  PL  760,  c)     [L.S.] 

EPHEGE'SIS  (^M7^»).    [Enokixu.] 

EPHB'SIA  (f^ta\  a  great  paaegyris  of  the 

Ifloisiis  at  Epheaos,  the  ancient  capital  of  the 

IfioiaBs  in  Aaia.    It  was  held  CTery  year,  and  had, 

like  all  panegyreia,  a  twofold  choncter,  that  of  a 

&eed  of  political  union  among  the  Greeks  of  the 

leoian  race,  and  that  of  a  common  warahip  of  the 

Ephesiaa  Artemia.    (Dionys.  Hal.  AfUiq.  Rom.  It. 

>  *:^:^,  ed.  Sylbug ;  Stiabo,  xir.  p.  639.)     The 

E|^iam  eontiBDed  to  be  held  in  the  time  of  Thn- 

crdides  and  Stzabo,  and  the  former  comparea  it 

(iB.  104)    to    the    ancient   panegyris  of  Delos 

[DsLu],  where  a  great  number  of  the  lonians 

iaseaiblnl  with  their  wires  and  children.    Re- 

tpectiag  the  particnlan  of  ita  celebration,  we  only 

ksov  that  it  was  accompanied  with  much  mirth 

aad  farting,  and  that  mystical  sacrifices  were  of- 

faedtatheEphesiangoddeaB.  (Strabo,^e.)  That 

gs&es  aod  eonteaU  formed  likewiae  a  chief  part  of 

tbe  solemnxtiea  ia  dear  from  Heaychina  (t.  v.),  who 

caSs  tbe  Epheaia  an  iyitr  hrt^aartis.    (Compare 

Pta.  TiL  2.  §  4  ;  Miinei;  Dor.  ii  9.  §  8 ;  Bockh, 

Cmp,  ImteripL  iL  n.  2909.) 

Frou  the  manner  in  which  Thucydides  and 
Strabo  apeak  of  the  Epheaia,  it  seems  that  it  waa 
<oI J  a  paaegyria  of  some  lonians,  perhaps  of  those 
vfao  Ined  in  Ephesns  itself  and  its  vicinity. 
TluMjdidea  seems  to  indicate  this  by  comparing  it 
^ith  the  Delian  panegyris,  which  likewise  con- 
Ksted  «nly  of  the  lonians  of  the  islands  near 
Deka ;  and  Strabo,  who  calls  the  great  national 
puKfjris  of  id]  the  lonians  in  the  Panioninm  the 
uar$Vay^^7vpif  rm¥  *I^rwy,  applies  to  the  Ephesia 
aoplj  the  name  wor^yvpit.  It  may,  however, 
^n  existed  ever  since  the  time  when  Ephesns  was 
tbe  bead  of  the  Ionian  ooloniea  in  Asia.  [L.  S.] 
BTHESIS  (l^<rts).  [Appbllatio.] 
EPHESTRIS  ii^^arfls).  [Amictus.] 
E'PHETAE  (l^^ai),  the  name  of  certain 
P>^  St  Athena.  They  were  fifty-one  in  number, 
(elected  from  noble  families  {kpiariv^  aip€04rrts)f 
asd  wan  than  fifty  yean  of  age.    They  formed  a 


EPHETABL 


163 


tribunal  of  mat  antiquity,  so  much  so,  indeed, 
that  PoUnx  (viii.  126),  ascribed  their  institution  to 
Draco ;  moreovei^  if  we  can  depend  upon  the  au- 
thority of  Plutarch  (SUom^  c;  19),  one  of  Solon's 
bwB  <i(of«f)  speaks  of  the  courts  of  the  Epbetae 
and  Areiopagus  aa  co-existent  before  the  time  of 
that  Imatator.  Again,  we  are  told  by  Pollux 
(L  e.),  ue  Epbetae  formerly  sat  in  one  or  other  of 
the  five  courts,  according  to  the  nature  of  the 
causes  they  had  to  try.  In  historical  times,  how- 
ever, they  sat  va/bmr  only,  called  respectively  the 
court  by  the  PaUadiom  (rh  MlIaAAa8i»,  by  the 
Delphinium  (rh  M  AcX^^iW^),  by  the  Prylaneium 
(t^  ir\  npvrayi(^),  and  the  court  at  Phreatto  or 
Zea  (rh  iv  *pwmX).  At  the  first  of  these  courts 
they  tried  cases  of  unintentional,  at  the  second,  of 
intentional  but  justifiable  homicide,  such  aa  slay- 
ing another  in  self-defence,  taking  the  life  of  an 
adulterer,  killing  a  tyrant  or  a  nightly  robber. 
(Plat  Leg.  ix.  pw  874.)  At  the  Prytaneinm,  by  a 
strange  custom,  somewhat  analogous  to  the  imposi- 
tion of  a  deodand,  they  passed  sentence  upon  the 
instrument  of  murder  when  the  perpetrator  of  the 
act  was  not  known.  In  the  court  at  Phreatto,  on 
the  sea-shore  at  the  Peiiaeeus,  they  tried  such  per< 
sons  as  were  chaiged  with  wilful  murder  during 
a  temporary  exile  for  unintentional  homicide.  In 
cases  of  this  sort,  a  defendant  pleaded  his  cause  on 
board  ship  (rifs  yy^s  fi^  &irTtf/(cyot),  the  judges 
sitting  dose  by  him  on  shore.  (Dem.  e.  Aristocr. 
p.  644.)  Now  we  know  that  the  jurisdiction  in 
cases  of  wilful  murder  was  by  Solon^  laws  entrusted 
to  the  court  of  the  Areiopagus,  which  is  mentioned 
by  Demosthenes  (/.  &)  in  connection  with  the  four 
courts  in  which  the  Epbetae  sat  Moreover,  Draco, 
in  his  TWmt,  spoke  of  the  Ephetae  on/^r,  though 
the  jurisdiction  of  the  Areiopagus  in  cases  of 
murder  is  admitted  to  have  been  of  great  antiquity. 
Hence  Mttller  {Eumemd.  §^5)  conjectures  that 
the  court  of  the  Areiopagus  was  nndently  included 
in  the  five  courts  of  the  Epbetae,  and  infers,  more-^ 
over,  the  early  existence  of  a  senate  at  Athens, 
resembling  the  Gerousia  at  Spirta,  and  invested 
with  the  jurisdiction  in  cases  of  homicide.  (Thiri- 
wall,  HisL  of  Greece^  vol.  il  p.  41.)  The  name  of 
Ephetae  given  to  the  members  of  this  council  was, 
as  he  conceives,  rather  derived  ficom  their  granting 
a  licence  to  avenge  blood  (al  i^m  r^  Mpo^yy 
rhv  iiyifniXifniv)  than  their  being  amaled  to,  or 
from  the  transfer  to  them  of  a  jurisdiction  which 
before  the  time  of  Draco  had  bdonged  to  the 
kings.  (PoUnx,  L  c)  If  this  hypothesis  be  true, 
it  becomes  a  question,  why  and  when  waa  this 
separation  of  the  courts  made  ?  On  this  subject 
Mliller  adds,  that  when  an  act  of  homidde  waa 
not  punished  by  death  or  perpetual  banishment, 
the  perpetrator  had  to  receive  expiation.  [Exsi- 
LiUM.]  Now  the  atonement  for  blood  and  the 
purification  of  a  shedder  of  blood  came  under  tbe 
sacred  law  of  Athens,  tbe  knowledge  of  which  was 
confined  to  the  old  nobility,  even  after  they  had 
lost  their  political  power.  [Exbgxtak.]  Con- 
sequently tne  administxation  of  the  rights  of  ex- 
piation could  not  be  taken  away  from  them,  and 
none  but  an  aristocratical  court  like  that  of  the 
Ephetae  would  be  competent  to  grant  permission 
of  expiation  for  homicide,  and  to  preside  over  the 
ceremonies  connected  with  it  Accordingly,  that 
court  retained  the  right  of  decision  in  actions  for 
manslaughter,  in  which  a  temporary  fliaht  was 
followed  by  expiation,  and  also  m  cases  of  justifi- 


464 


EPHIPPIUM. 


able  homicide,  whether  from  the  similarity  of  the 
latter  (as  regards  the  |:uilt  of  the  perpetrator)  to 
acts  of  accidental  homicide,  or  as  requiring  a  like 
expiation.  (Plat  Leg,  ix.  pp.864,  875.)  For 
acts  of  wilfbl  murder,  on  the  other  hand,  the 
punishment  was  either  death  or  Aci^vy^  and 
therefore  no  expiation  {KiBapffis)  was  connected 
with  the  administration  of  justice  in  such  cases, 
so  that  there  could  be  no  objection  against  their 
being  tried  by  the  court  of  the  Areiopagus,  though 
its  members  did  not  of  necessity  belong  to  the  old 
aristocracy. 

Such  briefly  are  the  reasons  which  MUller 
alleges  in  support  of  this  hypothesis,  and  if  they 
are  valid  there  can  be  little  doubt  that  the  separa- 
tion alluded  to  was  effected  when  the  Athenian 
nobility  lost  their  supremacy  in  the  state,  and  a 
timocracy  or  aristocracy  of  wealth  was  substituted 
for  an  aristocracy  of  birth.  This,  as  is  well  known, 
happened  in  the  time  of  Solon. 

Lastly,  we  may  remark,  that  the  comparatively 
unimportant  and  antiquated  duties  of  the  Ephetae 
sufficiently  explain  the  statement  in  Pollux  (JL  c), 
that  their  court  gradually  lost  all  respect,  and  be- 
came at  but  an  object  of  ridicule.  [R.  W.] 

EPHITPIUM  {iunpiS%  iif>lwirtov,i^wirtiw), 
a  saddle.  Although  the  Greeks  occasionally  rode 
without  any  saddle  {M  ^tXoD  Tmrov,  Xenoph.  De 
Re  Eques,  vii.  5),  yet  they  commonly  used  one, 
and  from  them  the  name,  together  with  the  thing, 
was  borrowed  by  the  Romans.  ( Varr.  De  Re  RusL 
ii.  7 ;  Caes.  B,  O.  It.  2 ;  Hor.  EpitL  i.  14.  43 ; 
Oellius,  ▼.  5.)  It  has  indeed  been  asserted,  that 
the  use  of  saddles  was  unknown  until  the  fourth 
century  of  our  era.  But  Ginsx>t,  in  his  valuable 
work  on  the  history  of  carriages  (vol.  ii  c  26), 
has  shown,  both  from  the  general  practice  of  the 
Egyptians  and  other  Oriental  nations,  from  the 
pictures  preserved  on'the  walls  of  houses  at  Hercu- 
laneum,  and  from  the  expressions  employed  by  J. 
Caesar  and  other  authors,  that  the  term  **  ephip- 


KPHORI. 

pium  **  denoted  not  a  mere  horse-doth,  a  dda,  i 
a  flexible  covering  of  any  kind,  but  a  saddle-tna 
or  frame  of  wood,  which,  after  being  filled  vith 
stuffing  of  wool  or  doth,  was  ootTeied  with  so^ 
materials,  and  £utened  by  means  of  a  girth  (oe^ 
/am,  soma)  upon  the  back  of  the  animaL  tl 
ancient  saddles  appear,  indeed,  to  have  been  thi 
fiir  different  from  ours,  that  the  cover  stretciM 
upon  the  hard  frame  was  probaUy  of  stafed  i 
padded  doth  rather  than  leather,  and  that  ti 
saddle  was,  as  it  were,  a  cushion  fitted  to  ti 
horse's  back.  Pendent  cloths  (<rrp£yiara,  stmk 
were  always  attached  to  it  so  as  to  cover  the  sid 
of  the  animal ;  but  it  was  not  provided  with  txt 
rups.  As  a  substitute  for  the  use  of  stirrups  tl 
horses,  more  particularly  in  Spain,  were  tao^bt  i 
kneel  at  the  word  of  command,  when  their  ridc^ 
wished  to  mount  them.  See  the  preceding  %a^ 
from  an  antique  lamp  fi>und  at  Hercnlaneum,  m 
compare  Strabo,  ilL  1.  pw  436,  ed.  Sieb. ;  sndSiii^ 
Itabcus,  X.  465. 

The  saddle  with  the  pendent  doths  is  also  ei 
hibited  in  the  annexed  coin  of  Q.  Labienus. 


The  term  **  Ephippium  ^  was  in  later  times  fa 
part  supplanted  by  the  word  **  sella,^  and  the  m«>n 
specific  expression  **  sella  equestris.^        [J.  Y.] 

E'PHORI  CE^opot).  Magistrates  called  Z>^ 
or  **  Overseers  **  were  common   to  many  Dorian 
constitutions  in  times  of  remote  antiquity.    Critoe 
and  the  mother  state  of  Thera  may  be  menUoofd 
as  examples :  the  latter  colonized  from  Laconia  in 
early  ages,  and  where,  as  we  are  told,  the  epbon 
were  hr^yufioi^  i.  e,  gave  their  name  to  their  jar 
of  office.     (HeracL  Pont  4.)      The  qiboral^  at 
Sparta  is  classed  by  Herodotus  (i.  65)  among  the 
institutions  of  Lycuigns.     Since,  however,  the 
ephori  are  not  mentioned  in  the  orade  which  coc- 
tains  a  general  outline  of  the  oonstitutioD  axriUd 
to  him  (Plut  Ljfcurg.  6),  we  may  infer  that  do 
new  powen  were  given  to  them  by  that  legislator, 
or  in  the  age  of  which  he  may  be  onsidered  tbc 
representative.     Another  account  refers  the  insti- 
tution of  the  Spartan  ephoralty  to  Theopompus 
(b.  c  770 — 720),   who  IS  said  to  have  founded 
this  office  with  a  view  of  limiting  the  authority  of 
the  kings,  and  to  have  justified  ue  inDoratioD  br 
remarking  that  **  he  handed  down  the  royal  power 
to  his  descendants  more  durable,  becaiue  he  bad 
diminished  it**    (Aristot  PoliL  v.  9.)     The  in- 
consistency of  these  accounts  is  still  farther  coni- 
plicated  by  a  speech  of  Cleomenes  III,  who  is  re- 
presented to  have  stated  (Plut  Oeom.  10)  tliat  the 
ephors  were  originally  appointed  by  the  kin^s,  to 
act  for  them  in  a  judicial  capacity  (v^pisvi  k^o) 
during  their  absence  from  Sparta  in  the  first  Afe»- 
senian  war,  and  that  it  was  only  by  nadual 
usurpations  that  these  new  magistrates  had  made 
themselves  paramount  even  over  the  kings  them- 
selves.   Now,  according  to  some  authorities  (Thirl- 
wall.  Hist,  of  Greece,  vol.  i.  p.  363),  Pdydonus  il»f 
colleague  of  Theopompus,  and  one  of  the  kfl^g" 
under  whom  the  first  Messenian  war  (b.  c.  74^ 
723)  was  complete  appropriated  a  jwrt  of  tbe 


'SPHORl. 

OBqiand  McNemiii  teiritory  to  the  angnentation 
«f  tbe  number  of  portions  of  land  ponencd  by  the 
SprtiBi— an  aBginentatioo  which  imptiet  aa  in- 
otate  ifi  theBnmber  of  Spartan  dtimiflk  Bat  the 
q!kn»«  we ahatt  lee  hcfreafter,  were  the  rapre> 
Ktitaiira  of  the  whole  aation,  and  therefore,  if  m 
tk'  mga  of  Theopooipiis  the  franchise  at  Sparta 
m  exteoded  to  a  new  data  of  eitiiena  who  noTor^ 
bdeu  veie  net  pboed  on  an  equality  with  the 
old  ooes  (inpi«(ai^sX  ^«  ephon  would  tlieneefor- 
vard  stand  in  a  new  poaition  with  leapect  to  the 
kffi^  ffid  the  coimeilhn  {ol  yipomts)  who  were 
fleeted  from  the  higher  cbsa>  Moreover,  it  is 
z-A  iaproboUe  that,  during  the  absence  of  the 
kkgs,  tke  ephon  vsoiped,  or  had  conferred  upon 
timitpoven  vhkh  did  not  originally  belong  to 
'i^;  »  that,  from  both  these  causes,  their 
aatkrity  nsj  have  been  so  lar  altered  as  to  lead 
t«  the  opinioo  that  the  creation  of  the  office,  and 
BaCDKRlj  an  extension  of  its  powers,  took  place 
dunog  the  k%b  of  Theopompus.  Again,  as  Thirl- 
nll  ohenrei^  **  if  the  extension  of  the  ephoralty 
«ai  couMcted  with  the  admission  of  an  inferior 
dM  of  ddseos  to  the  franchise,  the  comparison 
•liki  Cken  {Dt  Leg,  m.  1^  D»  Rtp.  iL  S3) 
dnn  between  the  ephoralty  and  the  Roman 
triteoate  would  be  more  applicable  than  he  bim- 
lelf  inspected,  and  would  throw  a  light  on  the 
Kwiof  ooBlndietion  of  the  ephors  being  all- 
power^  though  the  class  which  they  more  espe- 
call?  iqsnented  enjoyed  only  a  limited  fran- 
tyt."^  {HiaL  of  Greece^  toL  i  p.  356.)  But  aAer 
til  tlie  larioos  scconnts  which  we  have  been  consi- 
^^  meiely  show  how  different  were  the  opi- 
Jt^-m,  and  how  little  historical  the  statements, 
a^isot  the  ofigiii  of  the  ephoralty.  (MUller, 
ft»«i«,  ill  c  7  ;  and  see  Clinton,  F,  H,  toL  i. 
Appendix  6.) 

^Ve  therdbre  proceed  to  inrestigate  the  iimc- 
tiffii  isd  asthsrity  of  the  ephors  in  historical  times, 
a^-er  fiirt  obferring  that  their  office,  considered  as 
acDSDtapoiie  to  the  kings  and  council,  and  in  that 
r"^  peculiar  to  Sparta  alone  of  the  Dorian  states, 
wc4iid  bare  been  altogether  inconsistent  with  the 
ocstit^  of  Ljcuigus,  and  that  their  gradual 
nsatpatioos  sod  encroachments  were  frcilitated  by 
tii«  Tsgne  snd  indefinite  nature  of  their  duties. 
Tlieir  niuDber,  five,  appears  to  have  been  ala'ays 
t>  ome,  and  was  probably  connected  with  the 
^t  diriiioiu  of  the  town  of  Sparta,  namely,  the 
fw  nyla^  Limine,  Mesoa,  Pitana,  Cynosuia,  and 
ite  n4Ais  or  eitr  properly  so  called,  around  which 
J^  *^  lay.  {JPhiOog,  Muteum^  toI.  il  p.  62.) 
Jl»eT  were  elected  from  and  by  the  people  (^| 
"«^m\  without  any  qualification  of  age  or 
P^^^Ji  and  without  undeigoing  any  scrutiny  (oi 
'JX^fs) ;  80  that,  as  Aristotle  remarks  {PoUL  ii. 
'  )i  tbe  Sqfur  enjoyed  through  them  a  participa- 
^  in  the  highest  magistiacy  of  the  state.  The 
^ecae  mode  of  their  election  is  not  known,  but 
ArmoUt  (Le.)  speaks  of  it  as  being  Tory  puerile  ; 

il^  (.%•  iii.  ^  6d2)  describes  their  office 
••W*  T$»  cXqpwT^s  ivpdfitmf^  words  which 
^1  apply  to  a  wsnt  of  a  directbg  and  discrimin- 
f^  pnndple  in  the  dectors,  without  of  necessity 
'5»lTiBg  an  election  by  lot.  They  entered  upon 
^ce  It  the  satttmnal  solstice,  and  the  first  in  rank 

„"*^««aw  his  name  to  the  year,  which  was 
oiWifter  him  in  all  dril  transactional     (MUller, 

u*."i7.|7.)  Their  meetings  were  held  in  the 
fHblKbmlding  called  apx<«or,  which  in  some  re- 


EPHORI.  465 

spects  resembled  the  Prytanehmi  at  Athens,  aa 
being  the  place  where  foreigners  and  ambassadors 
were  entertained,  and  where,  moreover,  the  ephon 
took  their  meals  together.     (Pausan.  iii.  1 1.  §  2.) 

The  ephon  also  possessed  judicial  authority, 
on  which  subject  Aristotle  (PoUL  iil  1)  remarks 
that  they  decided  in  civil  suits  (pUau  rmf  w/mM^- 
AaW),  and  generally  in  actions  of  great  im- 
portance (uplfftwf  fuydXmv  a^ioi,  PoSi.  il  6) : 
whereas  the  council  presided  over  capital  crimes 
(Mkcu  ^ortiral).  In  this  amngement  we  see  an 
exemplification  of  a  practice  common  to  many  of 
the  ancient  Greek  states,  according  to  which  a 
criminal  jurisdiction  was  ghren  to  courts  of  aris- 
tocratic composition,  while  cItiI  actions  were  de- 
cided by  popular  tribunals.  [Compare  Ephbtab 
and  Arbiopagus.]  But  with  this  ciril  jurisdiction 
was  united  a  censorial  authority,  such  as  was  pos- 
sessed by  the  ephon  at  Cjnrene :  for  example,  the 
ephon  pimished  a  man  for  haTing  brought  money 
kto  the  state  (Pint  Lptcm.  19),  uid  othen  for  in- 
dolence. {SchoL  ad  Tkutyd.  I  84,)  We  are  told 
also,  that  they  inspected  the  clothing  and  the  bed- 
ding of  the  young  men.  (Athen.  xiL  p.  660.) 
Moreover,  something  like  a  superintendence  over 
the  hiws  and  their  execution  is  implied  in  the  lan- 
guage of  the  edict,  which  they  published  on  entering 
upon  their  office,  ordering  the  citisens  **  to  shave 
the  upper  lip  (ft^oraiea),  i.  a  to  be  submissive,  and 
to  obey  the  laws.**  Now  the  symbolical  and  archaic 
character  of  this  expression  seems  to  prove  that  the 
ephon  exerdsed  such  a  general  superintendence 
£rom  very  eariy  times,  and  "there  can  be  no  doubt 
**  that  in  the  hands  of  able  men,  it  would  alone 
prove  an  instrument  of  unlimited  power.**  (Thirl- 
wall,  Hui  o/Gftec^  vol  i.  p.  366.) 

Their  junsdiction  and  power  were  still  fitrther 
increased  by  the  privilege  of  instituting  scrutinies 
(cMumm)  into  the  conduct  of  all  the  magistrates, 
on  which  Aristotle  {PoUL  ii  6.  §  1 7)  observe  that 
it  was  a  very  great  gift  to  the  ephomlty  (rovro  M 
Tj  iipofkei^  fifyi  Xluf  rh  3«por).  Nor  were  they 
obliged  to  wait  till  a  magistrate  had  completed  his 
term  of  office,  since,  even  before  ita  termination, 
they  might  exercise  the  jtfivilege  of  deposition* 
(Xen.  De  He,  Lae,  viii.  4.)  Even  the  kings  them- 
selves could  be  brought  before  their  tribunal  (as 
CHeomenes  was  for  bribery,  3«po3oir(a,  Herod,  vi 
82),  though  they  were  not  obliged  to  answer  a 
summons  to  appear  there,  till  it  had  been  repeated 
three  times.  (Plut  Cleom.  10.)  In  extreme  cases, 
the  ephon  were  also  competent  to  lay  an  accusation 
agamst  the  kings  as  well  as  the  other  magistrates, 
and  bring  them  to  a  capital  trial  before  the  great 
court  of  justice.  (Xen.  L  e.  ;  Herod,  vi.  85.) 
If  they  sat  as  judges  themselves,  they  were  only 
able,  according  to  MUller,  to  impoae  a  fine,  and 
compel  immeduto  payment ;  but  they  were  not  in 
any  case,  great  as  was  their  judicial  authority, 
bound  by  a  written  code  of  laws.  ( Aristot  PoUL 
ii6.) 

In  hiter  times  the  power  of  the  ephon  was 
greatiy  increased  ;  and  this  increase  appean  to 
have  been  principally  owing  to  the  fiict,  that  they 
put  themselves  in  connection  wiUi  the  assembly  of 
the  people,  convened  its  meetings,  laid  measures 
before  it,  and  were  constituted  ita  agents  and  re- 
presentatives. Whei^  this  connection  arose  is 
matter  of  conjecture  ;  some  refer  the  origin  of  it  to 
Asteropos,  one  of  the  fint  ephon  to  whom  the  ex- 
tension of  the  powen  of  the  ephoralty  is  ascribed* 


49$ 


EPHORL 


and  wlio  if  nd  to  kiTe  lived  many  yon  aftertbe 
time  of  Tbeopompoa ;  pfobabljr  about  blc.  560. 
That  it  waa  not  known  in  eariy  timea  ajvpeaia  fioa 
the  circomstance  that  the  two  otdinancea  of  tbe 
onde  at  Delphi,  which  legnhled  the  aaoanbly  of 
the  people,  mode  no  mention  of  the  fimctiona  of  the 
epbon.  (Thirlwall,  toL  L  pi  356.)  It  ia  dear, 
howerer,  that  tbe  power  which  audi  a  connection 
gave,  woold,  more  than  any  thing  dae,  enable 
them  to  encroach  on  the  royal  antfaority,  and  make 
themaelves  virtnally  aupreme  in  the  state.  Ac- 
cordingly, we  find  that  they  trantarted  bonneM 
with  foreign  ambamadori  (Hcnd.  iz.  8) ;  dia- 
miiMd  them  from  the  ftato  (Xen.  HeO.  iL  13w  S  19); 
decided  upon  the  goTenunent  of  dfpenHent  dties 
(Xen.  HdL  iiL  4.  §  2)  ;  aabocribed  in  the  preaence 
of  other  penooB  to  treatiea  of  peace  (Thncyd.  t.  1 9\ 
and  in  the  time  of  war  sent  oat  troopa  when  they 
thought  neeeanzy.  (Herod,  iz.  7.)  In  all  theae 
capacities  the  ephors  acted  aa  the  representatives  of 
the  nation,  and  the  agents  of  the  public  assembly, 
being  in  (act  the  execntiTe  of  the  state.  Their  au- 
thority in  this  respect  is  fiirthtf  illastnited  by  the 
fact,  that  after  a  declaration  of  war,  *^  they  entmated 
the  army  to  the  king,  or  some  other  general,  who 
received  from  them  instructions  how  to  act ;  sent 
back  to  them  for  fresh  instructions,  were  restnined 
by  them  through  the  attendance  of  extraordinary 
plenipotentiaries,  were  recalled  by  means  of  the 
Bcjtale,  summoned  before  a  judicial  tribunal,  and 
their  first  duty  after  return  was  to  visit  the  office 
of  the  ephors.''  (MuUcT,  Dor.  vol  ii  p.  127.) 
Another  striking  proof  of  this  representative  cha- 
racter is  given  by  Xenopbon  {De  Rep.  Lac  15), 
who  informs  us,  that  the  ephors,  acting  on  behalf 
of  the  state  (v^fp  r^f  v^Xcws),  received  from  the 
kings  every  month  an  oath,  by  which  the  hitter 
bound  themselves  to  rule  according  to  law;  and 
that,  in  return  for  this,  the  stote  engaged,  through 
the  ephors,  to  maintain  unshaken  the  authority  of 
the  kings,  if  they  adhered  to  their  oath. 

It  has  been  said  that  the  ephors  encroached  upon 
the  royal  authority  ;  in  course  of  time  the  kings 
became  completely  under  their  controL  For  ex- 
ample, they  fined  Agesilaus  (Plut.  Apes.  2,  5)  on 
the  vagae  charge  of  trying  to  make  himself  popular, 
and  interfered  even  with  the  domestic  arcangements 
of  other  kings  ;  moreover,  as  we  are  told  by 
Thucydides  (i.  131),  they  could  even  imprison  the 
kings,  as  they  did  Pausanias.  We  know  also  that 
in  the  field  the  kings  were  followed  by  two  ephors 
who  belonged  to  the  council  of  war ;  the  three 
who  remained  at  home  received  the  booty  in 
charge,  and  paid  it  into  the  treasury,  which  was 
under  the  superintendence  of  the  whole  College  of 
Five.  But  the  ephors  had  still  another  preroga- 
tive, based  on  a  religious  foundation,  which  enabled 
them  to  effect  a  temporary  deposition  of  the  kings. 
Once  in  eight  years  (8t*  ir&p  4yp4a\  as  we  are  told, 
they  chose  a  calm  and  cloudless  night  to  observe 
the  heavens,  and  if  there  was  any  appearance  of  a 
fiilling  meteor,  it  was  believed  to  be  a  sign  that  the 
gods  were  displeased  with  the  kings,  who  were  ac- 
cordingly suspended  from  their  functions  until  an 
oracle  allowed  of  their  restoration.  (Plut  Affis^ 
11.)  The  outward  symbols  of  supreme  authority 
also  were  assumed  by  the  ephors  ;  and  they  alone 
kept  their  seato  while  the  kings  passed  ;  whereas  it 
was  not  considered  below  the  dignity  of  the  kings 
to  rise  in  honour  of  the  ephors.  (Xen.  J>e  Rip. 
Ific,  15.) 


EPIBATAE. 

The  poaitMiD  which,  as  we  have  down,  ti 
qihocs  occupied  at  Sparta,  will  explain  and  jas^ 
the  statement  of  Miiller,  *'  that  the  ephcnlty  «j 
the  moving  dement,  the  priadple  of  change  in  q 
Spartan  constitetM>n,  and  in  the  end,  the  cause  | 
ita  dissolution.**  In  confirmation  of  this  opi&ij 
we  may  dte  the  authority  of  Ariatode,  who  o| 
serves,  that  from  the  excessive  and  absolute  pov^ 
(iwHpanns)  of  the  ephos,  the  kings  were  obli;^ 
to  court  them  {9nfi/Tyttyw\  and  eventuallv  t^ 
govenuneat  became  a  demooacr  instead  of  i 
aristocracy.  Their  relaxed  and  dissolute  mode  i 
life  too  {irttft^m  Uorra),  he  adds,  was  contair  { 
the  spirit  of  the  constitution  ;  and  we  may  reniai 
that  it  was  one  of  the  ephors,  Epitaddns,  who  £^ 
carried  through  the  law  permitting  a  free  inhed 
ance  of  property  in  contravention  of  the  regniaul 
of  Lycmgna,  by  which  an  equal  ahaie  in  the  oni 
men  territory  was  secured  to  all  the  dtiscns.      I 

The  chai^pe,  indeed,  to  which  Aristotle  allad^ 
might  have  been  described  as  a  txanution  fins  ^ 
aristocracy  to  an  oligarchy ;  for  we  find  tk:  i 
later  times,  the  ephors,  instead  of  being  daai 
gogues,  invariably  supported  oligarchical  prindplii 
and  privileges.  The  case  of  Cinadm,  b.  c  32>9,  j 
an  instance  of  this  ;  and  the  fiict  is  appatendy  ^ 
inconsiltent  with  their  being  representatives  of  ih| 
whole  community,  and  as  much  so  of  the  level 
(vw<^orff)  as  of  the  higher  (Zfmoi)  tkat  ^ 
dtiaens,  that  Wachsmuth  siqiposes  the  Sq^s,  b&i^ 
and  by  whom  the  ephors  wero  chosen,  to  mean  taj 
whole  body  of  privileged  ot  patrician  dtiseBS  coir 
the  most  eminent  (icoXol  xkyoBoC)  of  whom  «'o{ 
dected  to  serve  as  yipowr^.  This  sappo«tian  'i 
not  itsdf  improbable,  and  would  go  ftr  to  expbi^ 
a  great  difficulQr  ;  but  any  analysis  of  tbe  iip.\ 
menu  that  may  be  urged  for  and  against  it  is  pn^l 
duded  by  our  limits.  (See  Thirlwall,  vol  -s. 
pw  377.)  We  only  add  that  the  ephon  becsme  ^ 
last  thoroughly  identified  with  all  opposition  lo  ibe 
extension  of  popular  privileges. 

For  this  and  other  reasons,  when  Agis  acd 
Cleomenes  undertook  to  rest<«e  the  old  comtita- 
don,  it  was  necessary  for  them  to  orerthiov  lite 
ephoralty,  and  accordingly  Cleomenes  mnrdered  tb 
ephors  for  the  time  being,  and  abolished  the  offi.-* 
(a.  c.  225)  ;  it  was,  however,  restoved  vaAft  ihe\ 
Romans.  [R.W.] 

EPI'BATAE  (/««dTa«),  sddien  or  manaa 
appointed  to  defend  the  vessels  in  the  Atbrasu 
navy,  wero  entirdy  distinct  from  the  roven,  asi 
also  firom  the  hind  soldiers,  such  as  hoplitne,  p«i- 
tasts,  and  ca\-alry.  (Xen.  HdL  i.  2.  §  T,  r.  ]. 
§  11  ;  Uarpocrat  and  Hesych.  s.  v.)  It  appeal 
that  Uie  ordinary  number  of  epibatae  od  board  a 
trireme  was  ten.  Dr.  Arnold  {ad  Time.  vL  ^h) 
remarks  that  by  comparing  Thuc.  iiL  95  with  cc  !^i, 
94,  we  find  three  hundred  epibatae  as  tbe  comp!'^ 
ment  of  thirty  ships,  and  also  by  comparing  ii.  ^- 
with  c  102,  we  find  four  hundred  as  tbe  canpi«> 
ment  of  forty  ships  ;  and  the  same  proportioQ  re- 
sults from  a  oomparison  of  iv.  76  with  c  101.  In 
Thucydides  vl  42,  we  find  seven  hundred  epiba^ 
for  a  fieet  of  one  himdred  ships,  sixty  of  wbicb  were 
equipped  in  the  ordinary  way  and  forty  bad  troopi 
on  board.  In  consequence  of  the  number  of  braTy- 
armed  men  itc  rov  Kwra\6yw  on  the  expediti(«, 
the  Athenians  appear  to  have  reduced  tbe  nomba 
of  regular  epibatae  from  ten  to  seven.  The  number 
of  forty  epibatae  to  a  ship  mentioned  by  llerodot&i 
(vL  15),  Dr.  Arnold  justly  remarica  (t&))  *'b*> 


EPIBOLE. 

\mf^  to  tbe  eariier  state  of  Greek  naral  tactics, 
v^  wUkj  depended  more  on  the  niimber  and 
pfx»we«  of  the  soUien  on  board  than  on  the 
oajKefDTra  of  the  teamen  (Thac.  L  49) ;  and  it  was 
IB  this  leij  point  that  the  Athenians  improved  the 
srstea^  \j  deoeasing  the  number  of  iirt€draL,  and 
rdjii^  en  the  more  skilful  management  of  their 


EPICLERUa 


467 


The  qiiliatae  wen  usually  taken  from  the 
Thetes,  or  fiiurth  daaa  of  Athenian  citizens 
^Thac  TL  42) ;  bat  on  one  occasion,  in  a  season 
d  extiaordinatY  daugei;  the  dtisens  of  the  higher 
c.ame§  {U  uerakiyou)  vera  compelled  to  serve  as 
epibatM.    (Thoe.  viiL  24.) 

The  t«nB  is  sometimes  also  apjdied  by  the  Ro- 
saa  vriten  to  the  marines  (Hirt.  de  JML  Alex, 
U,  da  BA  JJrie,  65) ;  bnt  ihey  afe  mcse  nsoally 
oUed  cAiMum  miliiet.  The  latter  term,  however, 
ii  also  applied  to  the  rawen  or  sailors  as  well  as 
the  aiarioes  {damariormm  remigio  «e&i,  Tac  Attn. 
xir.  4). 

EPIBLF/MA  (M«\t|/ia).     [Amictur.] 

KPI  BOLE  (^itfo\4),  a  fine  imposed  by  a 
Ba«istiaic^  or  other  offickl  person  or  body,  for  a 
cademeaaoor.  The  various  magistrates  at  Athens 
lad  (caeh  in  his  own  department)  a  snmmary  penal 
jiradJction  i  Le,  for  certain  olfences  ihey  might 
iiiiuci  a  pecnniary  mulct  or  fine,  not  exceeding  a 
fixed  smoont;  if  the  offender  deserved  further 
p««-jhment,  it  was  their  duty  to  bring  him  before 
a  joJidal  tribonaL  Thus,  in  case  of  an  injury  done 
U'  oiphans  or  heiresses,  the  archon  might  fine  the 
pBititfl,  or  (if  the  injury  were  of  a  serious  nature) 
IrJLs  tbem  befixrs  the  court  of  Hdiaea.  (Dem. 
e.  MomrL  p.  1076.)  Upon  any  one  who  made  a 
disturfaaaee,  or  otherwise  misbehaved  himself  in  the 
pobik  assembly,  the  proedri  might  impose  a  fine  of 
%kj  diBchma,  or  else  bring  him  for  condign  punish- 
Bwnt  be£9te  the  senate  ^  500,  or  the  next  as- 
•eabjj.  ( Aeach.  &  TKMor.  35,  Bekk.)  The  senate 
«f  3U0  veie  competent  to  fine  to  the  extent  of  500 
dnciuns.  (Dem.  e,  Emtrg.  and  Mnes^  p.  1152  ; 
•ra  abo  Dem.  e.  Mid.  p.  572.) 

The  oagistrate  who  imposed  the  fine  {imSoK^v 
^T(€oAc)  bsd  not  the  chuge  of  levying  it,  but  was 
•'^iged  to  make  a  return  thereof  to  the  treasury 
eiEeai  {Jkrrfpitp€iw  or  iyy^Apta^  roh  irpdicrop<riy, 
6r  h/^fJup^tM  r^  Sif^oNriy),  whereupon,  like  all 
oUttr  penalties  and  amerciaments,  it  became  (as  we 
»WaId  lay)  a  debt  of  record,  to  be  demanded  or 
ncofCRd  by  the  collectors.  (Aesch.  &  Timor,  Lc; 
^^fVL  cNieoti*  p.  1251.)  If  it  were  made  pay- 
ai>le  to  the  fond  of  a  temple,  it  was  collected  by 
t&e  ionctiooaries  who  had  the  chaige  of  that  fund 
{TOftiai),  There  might  (it  seems)  be  an  appeal 
ln«i  the  sentence  of  the  magistrate  to  a  jury  or 
mpcrior  conit.  (Meier,  Ait.  Proc  ppw  32,  84, 565; 
Sch  imutn,  AnL  Jmr.  Pvb.  Grtuc  ppi  242,  293.) 

Aa  ooder  the  old  Roman  law  no  magistrate  could 
^Biinse  a  fine  of  more  than  two  oxen  and  thirty 
^^  M  by  the  laws  of  Solon  fines  were  of  very 
teun  amount  at  Athens.  How  greatly  they  in- 
c^c^Kd  aftcrwarda  (as  money  became  more  plentiful. 
Slid  laws  more  numerous),  and  how  hnportant  a 
branch  they  formed  of  the  public  revenue,  may  be 
wea  from  the  examples  collected  by  Bockh,  Pvb. 
^«M.  o/^fAent,  p.  375,  &c.,  2nd  ed. 

The«  tpiboltm  are  to  be  distinguished  finm  the 
peaaltics  awvded  by  a  jury  or  court  of  law  (jifiii' 
/MTa)  ttpan  a  formal  prosecution.  There  the  ma- 
V^aUi  or  other  penon  who  inatitated  the  pro- 


ceeding (for  any  one  might  prosecute,  Kanjyopcty), 
was  said  rifitifui  iriypdxlfaffBcUy  aa  the  court  or 
jury  were  said  ri/i^y,  "to  assess  the  penalty,'* 
w^hich  always  devolved  upon  them,  except  where 
the  penalty  was  one  fixed  by  law  (^k  r&y  y6^¥ 
iwucetfiitni  Cn/^^\  in  which  case  it  could  not  be 
altered.  (Aesch.  n«pl  Tldpae.  14,  Bekk. ;  Dem. 
a  Thsoer.  p.  1328;  Harpocr.  «.  «.  *Arlfirrros 
iirr^y.)  [C.  R.  K.] 

EPICHEIROTO'NIA(4irixf»poToWa).  [Chm. 

ROTONIA.] 

EPICLE'RUS  (MkKtipos^  heiress),  the  name 
given  to  the  daughter  of  an  Athenian  citizen,  who 
had  no  son  to  inherit  his  estate.  It  was  deemed 
an  object  of  importance  at  Athens  to  preserve  the 
fiunily  name  and  property  of  every  citizen.  This 
was  effected,  where  a  man  had  no  child,  by  adop< 
tion  (tUrwoliicris)  ;  if  he  had  a  daughter,  the  in- 
heritance was  transmitted  through  her  to  a  grand- 
son, who  would  take  the  name  of  the  maternal 
ancestor.  If  the  fiither  died  intestate,  the  heiress 
had  not  the  ^hoice  of  a  husband,  but  was  bound  to 
many  her  nearest  relation,  not  in  the  ascending 
line.  Upon  such  person  making  his  claim  before 
the  archon,  whose  duty  it  was  4irt/it\€t<r$M  rStv 
iwueKfifWV  Koi  r&y  oUtay  r&v  i^€prifwvfx4y»y 
(Dem.c.  Maccui,  p.  1076),  public  notice  was  given 
of  the  daim  ;  and  if  no  one  appeared  to  dispute  it, 
the  archon  adjudged  the  heiress  to  him  {ivettKourfy 
abr^  tV  MKkTipoy).  If  another  cUimant  ap- 
peared {iifi^urirrrtiy  ahr^  r^i  ^i<c.),  a  court  was 
held  for  the  decision  of  the  right  (HiaSiKeuria  tt}; 
^a-ur.),  which  was  determined  according  to  the 
Athenian  law  of  consanguinity  (y4yovs  icar*  iuy- 
Xurr^lay.)  Even  where  a  woman  was  already 
married,  her  husband  was  obliged  to  give  her  up 
to  a  man  with  a  better  title  ;  and  men  often  put 
away  their  former  wives  in  order  to  mairy  heir« 
esses.  (Dem.  c.  Onet.  argum.,  c  EubuL  p.  1311  ; 
Isaeus,  De  Pyrr,  Hertd,  p.  78.) 

A  man  without  male  issue  mieht  bequeath  his 
property;  but  if  he  had  a  daughter,  the  devisee 
was  obliged  to  marry  her.  (Isaeus,  De  Arist,  Hered, 
pu  19.)  If  the  daughter  was  poor,  and  the  nearest 
relative  did  not  choose  to  many  her,  he  was  bound 
to  give  her  a  portion  corresponding  to  his  own  for- 
tune.    (Dem.  e.  Maeart  p.  1067.) 

The  husband  of  an  heiress  took  her  property 
until  she  had  a  son  of  full  age  (M  ^itrks  ti€iIi- 
aayra\  who  was  usually  adopted  into  his  maternal 
grandfather's  &mily,  and  took  possession  of  the 
estate.  He  then  became  his  mother's  legal  pro- 
tector (ic^pios),  and  was  bound  to  find  her  main- 
tenance (ffiToy),  If  there  were  more  sons,  they 
shared  the  property  equally.  (Isaeus,  De  Pyrr. 
Hered,  p.  59,  De  dr.  Hered.  p.  40  ;  Dem.  c.  5fepA. 
pp.  1134,1135.) 

When  there  was  but  one  daughter,  she  was 
called  4vlK\ripos  M  worrlr^  oIk^,  If  there  were 
more  they  inherited  equally,  like  our  co-parceners  ; 
and  were  severally  manied  to  relatives,  the  nearest 
having  the  first  choice.  ( Andoc.  De  MysL  p.  117, 
&C.;  Isaeus,i>sCitr.//emf.pp.57,58.)  Illegitimate 
sons  did  not  share  with  the  danghter,  the  law 
being  y66if  fiii  that  kyxurrtlcuf  fi^  hp&y  fiij^ 
6ai»y.  (Dem.  c  Maeart.  p.  1067 ;  Aristoph.  ^e«% 
1652.) 

The  heiress  was  under  the  special  protection  of 

the  archon  ;  and  if  she  was  injured  by  her  husband 

or  relatives,  or  by  strangers  ejecting  her  from  her 

estate,  the  law  gave  a  criminal  prosecution  against 

H  u  2 


468 


EPIMELETAE. 


the  offender,  caUod  KOKt&atus  fhayy^Kia.  (Isaeus, 
De  Pyrr,  Hend,  p.  76  ;  Meier,  AU,  Proc.  pp.  269, 
460,468.)  [C.R.K.] 

EPIDAU'RIA.  [Eleusinia.] 
EPIDICA'SIA  (iwaiKoaria),  [HERsa] 
EPIDEMIUROI.  [Dbmiurgl] 
EPI'DOSEIS  (^*W«r€«),  were  voluntary  con- 
tributions, either  in  money,  armi,  or  ships,  which 
were  made  by  the  Athenian  citizens  in  order  to 
meet  the  extraordinary  demands  of  the  state. 
When  the  ezpences  of  the  state  were  greater  than 
its  revenue,  it  was  nsnal  for  the  prytanes  to  sum- 
mon an  assembly  of  the  people,  and  after  ex- 
plaining the  necessities  of  the  state,  to  call  upon 
the  citizens  to  contribute  according  to  their  means. 
Those  who  were  willing  to  contribute  then  rose 
and  mentioned  what  they  would  give ;  while  those, 
who  were  unwilling  to  give  any  thing,  remained 
silent  or  retired  privately  from  the  assembly. 
(Plut  Alcib,  10,  Phoe.  9  ;  Dem.  c  Meid,  p.  567  ; 
Theophras.  Ckir.  22  ;  Athen.  iv.  p.  168,e.)  The 
names  of  those  who  had  promised  to  contribute, 
together  with  the  amount  of  their  contributions, 
were  written  on  tablets,  which  were  placed  before 
the  statues  of  the  Eponj'mi,  where  they  remained 
till  the  amount  was  paid.  (Isaeus,  £>»  Dioaeog. 
p.  lll,cd.  Reisk.) 

These  epidoaeU^  or  voluntary  contributions,  were 
frequently  very  large.  Sometimes  the  more  wealthy 
citizens  voluntarily  undertook  a  trieiazchy,  or  the 
expences  of  equipping  a  trireme.  (Dem.  c  Meid, 
p.  566.  23.)  We  read  that  Pasion  fiunished 
1000  shields,  together  with  five  triremes,  whidi  he 
equipped  at  his  own  expeuce.  (Dem.  &  Sieph, 
p.  1127.  12.)  Chrysippus  presented  a  talent  to 
the  state,  when  Alexander  moved  against  Thebes 
(Dem.  e.  Pliorm.  p.  918.  20)  ;  Aristophanes  the 
son  of  Nicophemiis,  gave  30,000  drachmae  for  an 
expedition  against  Cyprus  (Lysias,  pro  Arittoph. 
bonis,  p.  644)  ;  Charidemus  and  Diotimus,  two 
commanders,  made  a  free  gift  of  800  shields  (Dem. 
pro  Coron,  p.  265.  18)  ;  and  similar  instances  of 
liberality  are  mentioned  by  Bockh  (PvbL  Eootu  of 
Aihens,  pp.  586,  587,  2nd.  ed.),  from  whom  the 
preceding  examples  have  been  taken.  (Compare 
Schomann,  De  Comiiiu,  p.  292.) 

EPIGA'MIA  {Hrraiila\  [Civitas  (Greek,)] 
EPIGRAPHEIS  (ivirrpoi/pus),    [Bisphora-] 
EPIMELE'TAE  {iirintKrirai),  the  names  of 
various  magistrates  and  functionaries  at  Athens. 

1.  'Evt^cAiiT^s  TTisKoivris  irpo<r6SoVf  more  usu- 
liUy  called  rcLfdas,  the  treasurer  or  manager  of  the 
public  revenue.     [Tamias.] 

2.  'Eiri/icAin-al  r&yfiopiay  *EXau»i',  were  persons 
chosen  from  among  the  Areopagites  to  take  care  of 
the  sacred  olive  trees.  (Lysias,  Arecyaag.  p.  284.5.) 

3.  *Efrifi€\riT<d  roO'E/Airopfov,  were  the  overseers 
of  the  emporium.  [Emporium.]  They  were  ten 
in  number,  and  were  elected  yearly  by  lot  (Har- 
pocrat  a.  v.)  They  had  the  entire  management  of 
the  emporium,  and  had  jurisdiction  in  all  breaches 
of  the  commercial  laws.  ( Dem.  c.  Lacrii,  p,  94 1 , 1 5. 
e,  Thaoc,  pw  1324  ;  Dinarch.  a.  Aristog.  pp.  81,  82.) 
According  to  Aristotle  {apud  Harpoorat,  «.  «.), 
it  was  part  of  their  duty  to  compel  the  merchants  to 
bring  into  the  city  two-thirds  of  the  com  which 
had  been  brought  by  sea  into  the  Attic  emporium  ; 
by  which  we  learn  that  only  one-third  could  be 
carried  away  to  other  countries  from  the  port  of 
the  Peiraeeus.  (BiJckh,  PuU.  Boon,  of  Atkent^ 
pp.  48,  81,  2nd  ed. ;  Meier,  AtL  Proc  p.  86.) 


EPISTATES. 

4.  ^rifuXTfTai  rw  YAwrrnpUtnf,  were,  m  cob. 
nection  with  the  kmg  archon,  the  managers  of  tlie 
Eleusinian  mysteries.  They  were  dected  br  opes 
vote,  and  were  four  in  number ;  of  whom  two  vera 
chosen  finom  the  general  body  of  dtizena,  oae 
from  the  Eumolpidae,  and  one  from  the  Cmcei 
(Uarpocrat  and  Suid.  s. «. ;  I^m.  c  Med,  p.  570l  S.) 

5.  *Eiri/AcXi7Tal  tw  p^wpUnf,  the  in^KCtots  oif 
the  dockyards,  formed  a  regular  ifxik  ^sA  were 
not  an  extraordinary  commissinn,  as  appean  bm 
Demosthenes  (e,  Euerg.  et  Mwu,  p.  1145),  Aes- 
chines  (e.  Ctetijpk,  p.  419X  ^^'^  ^®  marriptioGi 
published  by  BSckh  {Urkamdem  Uber  das  Suwn 
des  AtHsdies  Staates^  Berlin,  1840),  in  which  tbej 
are  sometimes  called  ol  ipx'"'^"  ^^  '''<>*'  nmpiais, 
and  their  office  designated  an  ifixh*  O^o,  ztl  bi 
104,  &.C  ;  No.  X.  c.  125  ;  No.  xiv.  c  12-2.  138.) 
We  leain  from  the  same  inacriptkos  that  thdr  (of- 
fice was  yearly,  and  that  they  were  ten  in  omober. 
It  also  appears  that  they  were  elected  by  lot  frua 
those  persons  who  possrased  a  knowledge  of  ship- 

The  principal  duty  of  the  inspectots  of  the  dAck- 
yards  was  to  take  care  of  the  ships,  and  all  tlte 
rigging,  tools,  &C.  (<riccv4)  belonging  to  them. 
They  also  had  to  see  that  the  sUps  veie  k^ 
worUiy  ;  and  for  this  purpose  they  availed  theis- 
selves  of  the  services  of  a  toKiftaarit,  who  na 
well  skiUed  in  such  matters.  (BSckh,  IhH  No.  il 
56.)  They  had  at  one  time  the  chuge  of  ranoos 
kinds  of  military  triccv^,  which  did  not  nece«rilr 
belong  to  ships,  Aich  as  engines  of  war  (No.  zL  m\ 
which  were  afterwards,  however,  entnuted  to  the 
generals  by  a  decree  of  the  senate  and  people. 
(No.  xvl  a.  1^5.)  They  had  to  make  out  a  list  of 
all  those  persons  who  owed  anything  to  the  dodi 
(Dem.  ^  Euerg.  et  Mnes.  p.  1145X  and  alio  to 
get  in  what  was  due.  (Id.  &  AndroL  p.  61i) 
We  also  find  that  they  aold  the  rigging,  &c,  of 
the  ahi^  and  purchased  new,  under  ue  direc- 
tion of  the  senate,  but  not  on  their  own  responii- 
bility^  (No.  ziv.  h.  IdO,  Ac,  compared  with  Noi 
xiv.  xvi.  u.)  They  had  iiytiusdaat  hitmrr^  io 
conjunction  viHi  die  AwoaroAcis  in  all  matten 
connected  with  their  own  department  (Dem.  e, 
Euerg,  et  Mnea,  p.  1147.)  To  aaaist  them  in  dii- 
chaiging  their  duties  they  had  a  secretaiy  (7p«^ 
/iorcvs,  No.  XTL  b.  165),  and  a  public  aerfant  [h- 
fi6<rtos  iv  rots  rc«p(oif.  No.  xvi  h.  135).  For  a 
fiirther  account  of  these  inspecton,  see  Bockh, 
Urhmden,  &c.  pp.  48—64 

6.  '£iri/itc\irriu  r&v  ^\aar,  the  impeeton  of  the 
^Aol  or  tribes.     [Tribus.] 

EPIRHE'DIUM.  [Rhbda.] 
EPISCE'PSIS  (hrUntn^u).  [Makttiu.] 
EPI'SCOPI  (^fo-Kowoi),  inspecton,  who  were 
sometimes  sent  by  the  Athenians  to  subject  itates. 
Harpocration  compares  them  to  the  LacedseDODiaii 
harmosts,  and  says  that  they  were  sIm  called 
<l>6\aK€S.  It  appears  that  these  Episoopi  reeei^ 
a  salary  at  the  cost  of  the  cities  over  which  the; 
presided.  (Aristoph.  Area,  1022,  Sulj  with  Schd.; 
Haipocrat  s,  «.  ;  Bockh,  PM  Eetm.  </ AA^ 
pp.  156,  238,  2d  ed. ;  Schfimann,  AnOq.  J^ 

Pvh.  Graee.  p.  432.  18.) 

EPl'STATES  (*rurT«iT^f),whichiiiesM8pcr. 

son  placed  over  any  thing,  was  the  Dame  of  tw 
distinct  classes  of  functionaries  in  the  Atheoiiu 
state ;  namely,  of  the  chairman  of  theaeoateaod 
assembly  of  the  people,  respecting  whose  dutiw  •« 
the  articles  BovLi  and  EocLisu ;  and  alio  cftM 


EPISTYLIUM. 

ikeetan  of  tlie  pabiic  work&  C^Turrarai  rmw 
hpuB^it^  ffjm.)  These  directon  had  difFerent 
sace^  as  raxmui^  the  repairen  of  the  walls  ; 
rpcrtpmU^lhc  boildersof  the  triremes ;  ro^poroiol, 
dbe  r^Eiiren  of  the  trenches,  &c ;  all  of  whom 
wnt  elected  hj  the  tribes,  one  firam  each :  bnt  the 
soft  diitingaubed  of  these  w«re  the  rttxovoioL 
(Aeschis.  c  CfcaqpA.  pp.  400,  42*2,  425.)  Over 
ooa  pnblie  hafldings  a  manager  of  pabEc  works 
bd  tiie  superintendence;  and  it  was  in  this 
capocfiy  that  Perides,  and  snbseqnently  Lycoigns, 
o^stook  so  manj  works  of  airhitectme.  In  the 
msdiptiaQs  rehting  to  the  building  of  the  temple 
^'  Athena  Polias,  we  find  hrurraraX  mentioned. 
[mk,PM.  Eo(m.  of  AAau,  p.  203,  2nd  ed.) 
^mCar  aotkorities  were  appointed  for  Uie  care  of 
tk  roads,  sod  of  the  anppl j  of  water  (6&nroto(, 
AMchk  c.  des^  p.  41 9 ;  ^irraral  rmf  Mranff 
PfaL  Ties.  31 ;  Schomann,  AnHq,  Jwrit  PnbL 
(?fw«.p.247). 

T*st  directon  leeeired  the  money  which  was 
Beoessaij  for  these  works  from  the  public  treasury 
(k  T^  koucltftms,  Aeschin.  c  CMpk.  p.  425). 
EPI'STOLA.  [CoNSTiTUTio.] 
EPISTOLEUS  (ArioToXrtJs),  was  the  officer 
smod  in  rank  in  the  Spartan  fleet,  and  succeeded 
to  ibe  eoouBand  if  any  thing  happened  to  the 
r^wfXW  or  admiiaL  (Xen.  Hell.  L  1.  §  23,  iv. 
8.|11,  T.  1.  §5,  6;  Stnrta,  Lax.  Xencph. 9,  t,) 
TbTu,  vhoi  the  Chians  and  the  other  allies  of 
Sparta  on  the  Asiatic  coast  sent  to  Sparta  to  re- 
quest that  LyHoder  might  be  again  appointed  to 
titt  ooannaDd  of  the  nayy,  he  was  sent  with  the 
titb  of  hnrrttKtis^  becanse  the  kws  of  Sparta  did 
csi  pemit  the  same  person  to  hold  the  office  of 
«w[pxw  twice.    (Xen.  ffdL  a  1.  §  7.) 

EPlSTYlilUM  {hrurT6\tor),  is  properly,  as 

tlie  oame  implies,  the  architxaye,  or  lower  member 

of  as  entablature,  which  lies  immediately  over  the 

TOhnnns.  (Pht  Per,  13;  Pans.  pats. ;  Varr.  R.  H. 

JH.  2 ;  Festns,  s.  v. ;  comp.  Columna,  p.  324,  a) 

Tk  raks  for  the  height  of  the  architrave  are  given 

V  VitraTiuB  (iii.  3.  a.  5,  ed.  Schn.).      In  the 

best  exami^  of  the  Doric  order,  the  firont  of  the 

vciiitnTe  vas  a  plain  flat  sor&ce,  with  no  carvings, 

bat  sontetiines  ornamented  with  metal  shields  af- 

^ed  to  h  over  each  column,  as  in  the  Parthenon, 

vbere  there  are  also    inscriptions  between  the 

tiiie^ds.    (See  Lucas*^  model)     In  the  Ionic  and 

Corinthian  oFders  it  was  cut  up  into  two  or  usually 

three  nrfues  {Jaedae)^  projectmg  beyond  one 

"ctiwr,  the   edges    of   which  were  afterwards 

^«^«««1  with  mouldings.      (See  the   woodcuU 

ffidcr  CoLUMKA.)     Originally  the  architrave  was 

tk  coin  beam,  hud  along  the  top  of  the  columns 

fe>  rapport  the  root     When  stone  was  used,  a 

ataial  limit  was  set  to  the  length  of  the  pieces 

^  the  sithitxave,  and  consequenUy  the  distance  of 

tie  colnmna,  by  the  impossibility  of  obtaining 

w^  of  stone  or  marble  beyond  a  certain  size. 

^the  temple  of  Artemis  at  Ephesus  the  pieces  of 

j«  srchiiiave  were  so  large  that  Pliny  wonders 

^  they  coold  have  been  raised  to  their  phices. 

(«.  A".  HxvL  14.  8. 21.)    When  an  intcrcolum- 

J»^  was  of  the  kind  called  araeostyle,  that  is, 

*^  the  columns  were  more  than  three  diameters 

H^t,  the  epistjlium  was  necessarily  made  of  wood 

»«*«d  of  stone  (Vitniv.iil  2.  s.  3.  §5.  ed.  Schn.); 

*««»tniction  exemplified  by  the  restoration  in  the 

?^  woodcut  (Poi»/»w.Tol.  i.  p.  143)  of  the 

^^  portico^  which  enirounds  three  sides  of  the 


EPITROPUS. 


469 


Forum  at  Pompeii.  The  holes  seen  at  the  back 
of  the  frieze  received  the  beams  which  supported 
an  upper  gallery. 


The  word  is  sometimes  also  used  for  the  whole 
of  the  entablature.  [P.  S 1 

EPITA'PHI  UM.     [FuNus.] 

EPITHALA'MIUM.     [Matrimonium.] 

EPITI'MIA  {hriTifda).     [Atimia.] 

EPITRIERARCHE'MATOS  DIKE  (Arirpi- 
flpapxhtutros  3(«ci)).     [Trisrarchia.] 

EPITROPES  GRAPHE  {iwirpowris  ypw^). 
[ErrrROPUB.] 

EPI'TROPUS  {Mrp<nros\  which  signifies 
literally  a  person  to  whom  any  thing  is  given  in 
charge  (Dem.  o  Aphob.  L  p.  819.  18),  occurs,  how- 
ever, much  more  frequently  in  the  sense  of  a  gtiar- 
dian  of  orphan  children.  Of  such  guardians  there 
were  at  Athens  three  kinds :  first,  those  appointed 
in  the  will  of  the  deceased  father ;  secondly,  the 
next  of  kin,  whom  the  law  designated  as  tutores 
legitimi  in  de&ult  of  such  appointment,  and  who 
required  the  authorization  of  the  archon  to  enable 
them  to  act ;  and  lastly,  such  persons  as  the  archon 
selected  if  ^ere  were  no  next  of  kin  living  to  un- 
dertake the  office.  The  duties  of  the  guardian 
comprehended  the  education,  maintenance,  and 
protection  of  the  ward,  the  assertion  of  his  rights, 
and  the  safe  custody  and  profitable  disposition  of 
his  inheritance  during  his  minority,  besides  making 
a  proper  provision  for  the  widow  if  she  remained 
in  the  house  of  her  late  husband.  In  accordance 
with  these,  the  guardian  viras  bound  to  appear  in 
court  in  all  actions  in  behalf  of  or  against  his  ward, 
and  give  in  an  account  of  the  taxable  capital 
(rifirifia)  when  an  tUr^pd  (the  only  impost  to 
which  orphans  were  liable)  was  levied,  and  make 
the  proportionate  payment  in  the  minor^s  name. 
With  reference  to  the  disposition  of  the  property, 
two  courses  were  open  to  the  guardian  to  pursue, 
if  the  deceased  had  left  no  will,  or  no  specific 
directions  as  to  its  management,  viz.,  to  keep  it  in 
his  own  hands  and  employ  it  as  he  best  could  for 
the  benefit  of  the  minor  (3coi«cc7i'),  or  let  it  out  to 
fifium  to  the  highest  bidder  (jutrBovv  rbv  oIkov), 
In  the  former  case  it  seems  probable  (Dem.  c 
Ondor.  i  p.  865.  17)  that  a  constant  control  of 
the  guardian^  proceedings  might  be  exercised  by 
the  archon ;  and  a  special  law  ordained  that  all 
money  belongmg  to  a  minor  should  be  vested  in 

U  H  8 


470 


EPOBELIA. 


mortgages,  and  upon  no  account  be  lent  out  upon 
the  more  lucrative  but  hazardous  security  of  bot- 
tomrj'.     (Suidas,  s.  v.  "Eyyttoy.) 

To  insure  the  perfonnance  of  these  duties  the 
law  permitted  any  free  citizen  to  institute  a  public 
action,  as,  for  instance,  an  apagoge  or  eisangelia 
Against  a  guardian  who  maltreated  his  ward 
(^KOK^fftas  opipaifov\  or  a  ypauph  irirpawTJf  for 
neglect  or  injury  of  his  person  or  property ;  and  the 
punishment,  upon  conviction,  depended  entirely 
upon  the  greater  or  less  severity  of  the  dicasts. 
(Meier,  Att.  Proc  p.  294.)  If  the  guardian  pre- 
ferred that  the  estate  should  be  farmed,  the  regular 
method  of  accomplishing  this  was  by  making  an 
application  to  the  archon,  who  thereupon  let  the 
inheritance  to  the  highest  bidder,  and  took  care 
that  the  fanner  should  hypothecate  a  sufficient 
piece  of  ground  or  other  real  property  to  guarantee 
I  he  fulfilment  of  the  contract  (dirorl/iij/ia).  In 
some  cases  the  guardian  might  be  compelled  to 
adopt  this  course  or  be  punished,  if  the  lease  were 
irregularly  or  fraudulently-  made,  by  a  phasis, 
which,  upon  this  occasion,  might  be  instituted  by 
any  free  citizen.  The  guardianship  expired  when 
the  ward  had  attained  his  eighteenth  year,  and  if 
the  estate  had  been  leased  out,  the  farmer  paid  in 
the  market-place  the  capital  he  had  received  to 
trade  with,  and  the  interest  that  hod  accrued 
(Dcm.  c.  JpJtob.  i.  832.  1) ;  i^  however,  the  in- 
heritance had  been  managed  by  the  guardian,  it 
was  from  him  that  the  heir  received  his  property 
and  the  account  of  his  disbursements  during  the 
minority.  In  case  the  accounts  were  unsatisfactory, 
tho  heir  might  institute  an  action  hrtrpowris  against 
his  late  guardian ;  this,  however,  was  a  mere  pri- 
vate lawsuit,  in  which  the  damages  and  epobelia 
only  could  be  lost  by  the  defendant,  to  the  latter 
of  which  the  pbiintifF  was  equally  Liable  upon  fail- 
ing to  obtain  the  votes  of  a  fifth  of  the  dicasts. 
This  action  was  barred  by  the  lapse  of  five  years 
from  the  termination  of  the  guardianship ;  and,  if 
the  defendant  in  it  died  before  that  time,  an  action 
0\aSris  would  lie  against  his  representatives  to  re- 
cover  what  was  claimed  from  hu  estate.  (Meier, 
AH.  Proc.  p.  444,  &c.)  [J.  S.  M.] 

EPOBELIA  (iva€€Xla\  as  ito  etymology  ftn- 
plics,  at  the  rate  of  one  obolus  for  a  drachma,  or 
one  in  six,  was  payable  on  the  assessment  (rifiTifjia) 
of  several  private  causes,  and  sometimes  in  a  case 
of  phasis,  by  the  litigant  that  failed  to  obtain  the 
votes  of  one  fifth  of  the  dicasts.  (Dem.  c.  Apkob, 
p.  834.  25,  0.  Euerg.  et  Afnesib,  n.  1158.  20.)  It 
is  not,  however,  quite  certain  tnat  such  was  in- 
variably the  case  when  the  defeated  suitor  was  the 
defendant  in  the  cause  (Meier,  AU,  Proe.  p.  730)  ; 
though  in  two  great  classes,  namely,  cross  suits 
(&jn-(7pa^al),  and  those  in  which  a  preliminary 
question  as  to  the  admissibility  of  the  original 
cause  of  action  was  raised  (ff-opa^po^Mi/),  it  may  be 
confidently  asserted.  As  the  object  of  the  regular 
tion  was  to  infiict  a  penalty  upon  litigiousness, 
and  reimburse  the  person  that  was  causelessly  at- 
tacked for  his  trouble  and  anxiety,  the  fine  was 
paid  to  the  successful  suitor  in  private  causes,  and 
those  cases  of  phasis  in  which  a  private  citiz-n  was 
the  party  immediately  aggrieved.  In  public  ac- 
cusations, in  general,  a  fine  of  a  thousand  drachmae, 
payable  to  the  public  treasury,  or  a  complete  or 
partial  disfranchisement,  supplied  the  place  of  the 
epobelia  as  a  punishment  for  frivolous  prosecu- 
tions. [J.  S.  M.J 


EPULONES. 

EPO'MIS  (/i-»;i/»).    [Tunica.] 

EPO'NIA  (^irwlo).    [TKL08.] 

EPO'NYMUS  (^rd&vvfios),  having  orgiringt 
name,  was  the  surname  of  the  first  of  ^c  nioe 
archons  at  Athens,  because  his  name,  like  thst  of 
the  consuls  at  Rome,  was  uaed  in  public  reo^  v* 
mark  the  year  [Archon].  The  expressiua  hi- 
yufMOi  ray  ^Aijciwv,  whose  number  is  staled  k 
Suidas,  the  Etymolqgicum  Magn.,  and  other  giaci- 
marians,  to  have  been  forty,  likewise  applies  to  tbt: 
chief-archon  of  Athens.  Every  Athenian  had  Ut 
serve  in  the  army  from  his  19th  to  his  60ih  rr«r, 
t.  e,  during  the  archonship  of  fcn^  archona  N  >» 
as  an  army  generally  consisted  of  men  fiom  \U\ 
age  of  18  to  that  of  60,  the  forty  arcfa<mi  undir 
whom  they  had  been  enlisted,  were  called  hten- 
fJMi  T&y  ifKiKi&v^  in  order  to  distinguish  them  frou 
the  if^yufioi  r&y  ^v\»y.  (Compare  D«Donh.  ap. 
IfarpocraL  s.  v.  'Er^yvfWi^  and  Bekker,  Aneed^Ma^ 
p.  245.)  At  Sparta  the  first  of  the  five  epb-m 
gave  his  name  to  the  yeai;  and  was  therefore  called 
i^pos  ir^yufuis.     (Pans.  iiL  1 1.  §  2.) 

It  was  a  very  prevalent  tendency  among  tbe 
ancients  in  general  to  refer  the  origin  of  their  in- 
stitutions to  tome  ancient  or  fribulous  hero  (ifx^ 
7€Tijf,  Deroosth.  &  Maoart.  p.  1072),  from  wb«j;n. 
in  most  cases,  the  institution  ^-as  also  believed  to 
have  derived  its  name,  so  that  the  hero  hecanie  ht 
cLpxny^'rvs  iird»rviun.  In  later  times  nev  instita- 
tions  were  often  named  after  ancient  faproes,  oa 
account  of  some  fabulous  or  legendaiy  oaBoertion 
which  was  thought  to  exist  between  them  and  the 
new  institutions,  and  the  heroes  thus  became,  as  it 
were,  their  patrons  or  tutelary  deities.  A  striluog 
instance  of  this  custom  are  the  names  of  the  tra 
Attic  tribes  instituted  by  Cleisthenes,  all  of  vhich 
were  named  after  some  national  herou  (Deno^ii 
Epitaph,  p.  1397,  &c  ;  Pans.  i.  5.)  Theie  ten 
heroes  who  were  at  Athena,  genendly  called  iki 
ir^yvfioi^  or  iicdtvufMi  r&y  ^uXmv,  were  hoDoiuvd 
with  statues,  which  stood  in  the  Cersmicus,  near 
the  Tholos.  (Pans.  I  5.  §  1 ;  Suidas  and  Eip»L 
Magn.  s.  V,  *ETr<&yvfiOL)  If  an  AtbeniaQ  citizea 
wished  to  make  proposals  for  a  new  law,  he  ex- 
hibited them  for  public  inspection  in  front  of  these 
statues  of  the  iw^yufioi^  whence  the  expre»i<K« 
^KBfTyai  TtpScBtv  r&y  hwyvftJUfVy  or  TpiJ  ''«»*  ^w- 
yituivs.  (Ae8chin,e.C&W9i&.pu59,edSteph.;Woif, 
Proleg.  ad  Demotth.  Leptin.  p.  133.)        [LS.] 

EPOPTAE  {hrinrtu).     [Eliumku.] 

EPULO'NES,  who  were  originally  three  tn 
number  (7>t'am«W  Epulonet),  were  firat  crvaiea 
in  B.  a  1 96,  to  attend  to  the  Epulam  Jor4 
(Valer.  Max.  ii.  1.  §  2  ;  Liv.  xxxl  4 ;  GelLiiu 
8),  and  the  banquets  given  in  honour  of  the  other 
gods  ;  which  duty  had  originally  belonged  to  15 
Pontifices.  (Liv.  xxxiiL  42  ;  Cifc  Ve  Ont.  vi 
19,  De  flaruap,  /?«pcnu.  10;  Festns,  fc  ».  £;«- 
lonos,)  Their  number  was  aftcrwardi  iacn»>^ 
to  seven  (GeU.  L  12  ;  Lucan,  L  602),  and  they 
were  called  Septemviri  Epuloncs  or  Sep^emvin 
Epulonum;  under  which  names  they  are  fiw|o«|['.^ 
mentioned  in  inscriptions.  (Oralli,  iMtrip.^^- 
590,  773,  2259,  2260,  2365.)  JuHm  Caear 
added  three  more  (Dion  C:ass.  xliii.  51),  ^^'"f 
his  time  the  number  appears  to  have  been  ag*"* 
limited  to  seven. 

The  Epuloncs  formed  a  collegium,  and  w««^^ 
of  the  four  great  religions  ctapoiations  at  R«^ » 
the  other  three  werp  those  of  the  Pontificei,  At.- 
gures,  and  Quindecemviru     (Dion  Can.  !«»•  ^» 


EQU1TK& 

iTid.  12;  Pim.  EfKx.  Z;  Walter,  GeaAuiU  tUi 
J?^.  ^Mfcfi,  §  141,  2d  ed.) 
E'PULUM  JOVISw  [EFULONEa] 
EQUI'^RIA,  lione-nuxfl,  which  aie  laid  to 
hzv9  bem  intdtated  by  Romuitu  in  honour  of 
>Un»aad  were  eelebtated  in  the  Campus  Martini. 
(Frstos«  jt.  9. ;  Yarrtk,  Linff.  Lot  tL  13,  MUller.) 
Tbere  w>es«  two  festivals  of  this  name  ;  of  which 
ece  was  cefebmted  a.  d.  IIL  CaL  Mart,  and  the 
»k«r  prid.  Id.  Mart.  (Ovid,  Fast,  iL  859,  iii 
513.)  If  the  Campos  Martins  was  orerflowed  by 
tee  Tiber,  the  mces  took  plac^  on  a  part  of  the 
MoiM  Coelius,  which  was  called  from  tnat  ciivum* 
szsee  the  Maitialis  Campos.    (Festos,  s.  «.  Mart 

E'QUIT^w  The  Roman  Eqnltes  were  origin- 
a3r  the  bofse-aoldien  of  the  Roman  state,  and  did 
F  4  hoB  a  distinct  dass  or  ordo  in  the  common- 
wealth tSl  the  thne  of  the  OrBoehL  Their  insti- 
tBtk«  is  aCtribnted  to  Romulns,  who  caused  300 
eqnites,  divided  into  thiee  cenlnries,  to  be  elected 
Ij  the  csiiaeu,  Each  of  the  old  Roman  tribes,  the 
Raanea,  TlCiaa,  and  Lmeem  was  represented  by 
100  eqaitos,  and  consequently  each  of  the  30 
rcriae  by  10  eqoites ;  and  each  of  the  three  cen- 
mries  boce  the  name  of  the  tribe  which  it  repre- 
»<^iied.  Tbe  three  eentnries  were  divided  into  10 
Nnsitf!,  each  consiating  of  30  men ;  ereiy  torma 
contained  10  Ramnea,  10  Titles,  and  10  Lnceres  ; 
asii  each  of  these  decories  was  commanded  by  a 
irwrio.  Tbe  whole  body  likewise  bore  the  name 
of  Oieres,  who  are  erroneonsly  regarded  by  some 
writers  simply  as  the  body-gnard  of  the  king. 
Tbe  commander  of  the  300  eqnites  was  called 
Tnb^uu  CtUrmm,  (Dionys.  iL  13 ;  Vaxr.  L.  L,  ▼. 
b\,  ed.  Miiller ;  Plin.  H.  N.  zzziii.  9  ;  Festos, 
f.r.  Gda€$;  Ur,  i.  13,  15.)     [CuxRXS.] 

To  the  three  hondred  eqnites  of  Romnlus,  ten 
AJlian  tmmae  were  added  by  TnUus  Hostilins. 
(Liv.  L  30.)  There  were  consequently  now  600 
eqiiites ;  bat  as  the  number  of  centuries  was  not 
iaereased,  each  of  these  eentnries  contained  200 
men.  Tarqoinins  Priscns,  according  to  Livy  (i. 
36),  wished  to  establish  some  new  eentnries  of 
Wsemen,  and  to  call  them  by  his  own  name,  but 
nve  up  his  intention  in  consequence  of  the  opposi- 
tion of  the  angur  Attus  Navius,  and  only  doubled 
the  number  of  the  eentaries.  The  three  centuries 
vhicli  he  added  were  called  the  Ramnes,  Titienses, 
aiid  Loceres/Vwferwrw.  The  number  ought  there- 
fire  now  to  be  1200  in  all,  which  number  is  given 
in  many  editions  of  Livy  (/Le.),  but  is  not  found  in 
say  manuscript.  The  numbtf  in  the  manuscripts 
ii  diSerent,  but  some  of  the  best  manuscripts  have 
liiOO,  which  has  been  adopted  by  most  modem 
editom  This  number,  however,  is  opposed  to 
Litt's  pfevioos  account,  and  cannot  be  supported 
Hj  tbe  statement  of  Plutarch  (Horn.  20),  that  after 
*^e  union  with  the  Sabines,  the  eqnites  were  in- 
creaied  to  600 ;  because  the  original  300  are  spoken 
o<'  as  the  representatiTes  of  the  tkne  tribes ;  where- 
as, according  to  PIntarch>  account,  the  original  300 
ought  only  to  represent  the  Ramnes.  If  therefore 
v«  adopt  Idvy^  aecoant  that  there  were  originally 
300  equites,  that  these  were  increased  to  600  by 
TaQiu  Hostflios,  and  that  the  600  were  doubled 
bj  Tarquinins  Priscus,  there  were  1200  in  the 
tine  of  the  last-mentioned  king,  being  divided  into 
three  centuries  of  Ramnet,  TiHet,  and  Lueerea,  each 
200  priom  and  200  pot- 


EQUITES.  471 

The  complete  oi)(anization  of  the  equitos  Livy 
(i.  43)  attributes  to  Servius  Tullius.  He  says  that 
this  king  foimed  (acripsit)  12  centuries  of  equites 
firom  the  leadmg  men  of  the  state  («r  primorilnu 
ekfUatit) ;  and  tiiat  he  also  made  six  centuries  out 
of  the  three  established  by  Romulus.  Thus,  there 
were  now  18  centuries.  As  each  of  the  12  new 
eentnries  prebably  contained  the  same  number  as 
the  six  old  centuries,  if  the  latter  contained  1200 
men,  the  former  would  have  contained  2400,  and 
the  whole  number  of  the  equites  would  have  been 
3600. 

The  acGonnt,  however,  which  Cicero  (De  Rep. 
ii.  20)  gives  is  quite  different.  He  attributes  the 
complete  oi^ganization  of  the  equites  to  Tarquinius 
Priscus.  He  agrees  with  Livy  in  saying  that  Tar- 
quinius Priscus  increased  the  number  of  the  Ram- 
nes, Titienses,  and  Luceres,  by  adding  new  cen- 
turies under  the  name  of  Ramnes,  Titienses,  and 
Luceres  teeimdi  (not,  however,  postericres^  as  Livy 
states  ;  compare  Festus  t.  v.  Se»  Vestae)  ;  but  he 
diffen  from  him  in  steting,  that  this  king  also 
doubled  their  number  after  the  conquest  of  the 
AequL  Scipio,  who  is  represented  by  Cicero  as 
giving  this  account,  also  says  that  the  arrangement 
of  the  equites,  which  was  made  by  Tarquinius 
Priscus,  continued  unchanged  to  his  day  (b.  c. 
129).  The  account,  which  Cicero  gave  of  the 
equites  in  the  constitution  of  Servius  Tullius,  is 
unfortunately  lost,  and  the  only  words  which  re- 
main are  duodwiginH  centu  nuurimo;  but  it  is  diffi- 
cult to  conceive  in  what  way  he  represented  the 
division  of  the  18  centuries  in  the  Servian  consti- 
tution, after  he  had  expressly  said  that  the  orga- 
nization of  the  body  by  Tarquinius  Priscus  had 
continued  unchanged  to  the  time  of  Scipio.  The 
number  of  equites  in  this  passage  of  Cicero  is  open 
to  much  doubt  and  dispute.  Scipio  states,  accord- 
ing to  the  reading  adopted  in  all  editions  of  the 
**De  Repub1ica,*Uhat  Tarquinius  Priscus  increased 
the  original  number  of  the  equites  to  1200,  and 
that  he  subsequently  doubled  this  number  after 
the  conquest  of  the  Aequi ;  which  account  would 
make  the  wllble  number  2400,  which  number 
cannot  be  correct,  since  if  2400  be  divided  by  1 8 
(the  number  of  the  centuries),  the  quotient  is 
not  a  complete  number.  The  MS.,  however,  has 
CO  ACCC,  which  is  interpreted  to  mean  mille  ac 
dveetUos;  but  instead  of  this,  Zuropt  {Veber  die 
JRomucken  Rxtter  und  den  JR&tentand  in  Ifom^ 
Beriin,  1840)  proposes  to  read  OODCCC,  1800, 
justly  remarking,  that  such  a  use  of  ac  never  occurs 
in  Cicero.  This  reading  would  make  the  number, 
when  doubled,  3600,  which  agrees  with  Livy*s  view, 
and  which  appears  to  have  been  the  regular  number 
of  eqnites  in  the  flourishing  times  of  the  republic 
Both  Livy  and  Cicero  agree  in  stating  that  each 
of  the  equites  received  a  horse  from  the  state 
(eqmu  publiau),  or  money  to  purchase  one,  as  welP 
as  a  sum  of  money  for  its  annual  support ;  and  that 
tiie  expense  of  its  support  was  defrayed  by  the 
orphans  and  unmarried  females ;  since,  says  Nie- 
buhr  {Hisi,  of  Rome,  vol.  i.  p.  461),  *'  in  a  military 
state  it  could  not  be  esteemed  unjust,  that  the 
women  and  the  children  were  to  contribute  largely 
for  those  who  fought  in  behalf  of  them  and  of  the 
commonwealth.^  According  to  Gains  (iv.  27)  the 
ptirehase-money  for  a  knight^s  horse  was  called  aet 
equestre,  and  ite  annral  provision  ae$  kordearium. 
[Ax8  HoRDKARiUM.]  The  former  amounted,  ac- 
cording to  livy  (i  43),  to  10,000  asses,  and  th9 
H  B  4 


472  EQUITEa 

latter  to  2000 :  but  these  Bums  are  so  kfge  as  to 
be  almost  incredible,  especially  when  we  take  into 
account  that  126  yean  afterwards  a  sheep  was  only 
reckoned  at  10,  and  an  ox  at  100  asses  in  the 
tables  of  penalties.  (GelL  xi.  1.)  The  correctness 
of  these  numbers  has  accordingly  been  questioned 
by  some  modem  writers,  while  others  have  at- 
tempted to  account  for  the  laigeness  of  the  sum. 
Niebuhr  (vol.  L  p.  433)  remarks  that  the  sum  was 
doubtless  intended  not  only  for  the  purchase  of  the 
horse,  but  also  for  its  equipment,  which  would  be 
incomplete  without  a  groom  or  slave,  who  had  to 
be  bought  and  then  to  be  mounted.  Biickh  (Me-^ 
irolog,  UtUermch,  c.  29)  supposes  that  the  sums  of 
money  in  the  Servian  census  are  not  given  in  asses 
of  a  pound  weight,  but  in  the  reduced  asses  of  the 
first  Punic  war,  when  they  were  struck  of  the  same 
weight  as  the  sextans,  that  ii,  two  ounces,  or  one- 
sixth  of  the  original  weight  [As.]  Zumpt  con- 
siders that  1000  asses  of  the  old  weight  were 
given  for  the  purchase  of  the  horse,  and  200  for  its 
annual  provision  ;  mod  that  the  original  sum  has 
been  retained  in  a  passage  of  Vano  {equum  publi- 
aun  mille  atmrionun^  L,  L,  viii.  71). 

All  the  equites,  of  whom  we  have  been  speak- 
ing, received  a  horse  from  the  state,  and  were  in* 
eluded  in  the  1 8  equestrian  centuries  of  the  Servian 
constitution ;  but  in  course  of  time,  we  read  of 
another  class  of  equites  in  Roman  history,  who 
did  not  receive  a  horse  from  the  state,  and  were 
not  included  in  the  18 'centuries.  This  latter  class 
is  first  mentioned  by  Livy  (v.  7)  in  his  account 
of  the  siege  of  Veil,  b.  c  403.  He  says  that  dur- 
ing the  siege,  when  the  Romans  had  at  one  time 
suffered  great  disasters,  all  those  citizens  who  had 
an  equestrian  fortune,  and  no  horse  allotted  to  them 
{(fuibus  oemus  equester  era/,  ^qui  pubUd  ntm  €Tfud\ 
voluntee|»d  to  serve  with  their  own  horses  ;  and 
he  adds,  that  from  this  time  equites  first  began  to 
serve  with  their  own  horses  {jtwHi  pritnum  eguit 
nerere  eqmiiet  ooeperwU),  The  state  paid  them 
{esrtus  numerus  aeria  eat  aatignatua)  as  a  kind  of 
compensation  for  serving  with  their  own  horses. 
The  foot  soldiers  had  received  pa^  a  few  years 
before  (Liv.  iv.  59)  ;  and  two  years  afterwards, 
B.  c.  401,  the  pay  of  the  equites  was  made  three- 
fold that  of  the  in&ntry.  (Liv.  v.  12 ;  see  Niebuhr, 
vol.  ii.  p.  439.) 

From  the  year  b.  c.  403,  there  were  therefore  two 
classes  of  Roman  knights :  one  who  received  horses 
from  the  state,  and  are  therefore  frequently  called 
equitea  eqtio  puUioo  (Cic  PhiL  vL  5),  and  sometimes 
Flexuminea  or  Trtmidi^  the  latter  of  which,  according 
to  OSttling,  is  an  Etruscan  word  (Plin.  H,N.  xxxiii. 
9  ;  Festus,  a.  o. ;  Oottling,  Geack.  der  Ram.  StaaUo, 
p.  372),  and  another  class,  who  served,  when 
they  were  required,  with  their  own  horses,  but  were 
not  classed  among  the  1 8  centuries.  As  they  served 
on  horseback  they  were  called  equUea;  and,  when 
spoken  of  in  opposition  to  cavalry,  which  did  not 
consist  of  Roman  citizens,  they  were  also  called 
equHea  Romam:  but  they  had  no  legal  claim  to 
the  name  of  equites,  since  in  ancient  times  this  title 
was  strictly  confined  to  those  who  received  horses 
from  the  state^  as  Pliny  {H.  N,  xxxiii.  7)  expressly 
says,  **£quitum  nomen  subsistebat  in  turmis 
equomm  publicorum.^ 

But  here  two  questions  arise.  Why  did  the 
equites,  who  belonged  to  the  eighteen  centuries, 
receive  a  hone  fiwm  the  state,  and  the  othen  not  ? 
and  how  was  a  penon  admitted  into  each  class  re- 


EQUITES. 
spectively  }  These  questions  have  occMioned  much 
controversy  among  modem  writers,  bat  the  follow- 
ing account  is  pemaps  the  most  sariafiM'tccy  :  — 

In  the  constitution  of  Servios  TnlliiM  all  the 
Roman  citizens  were  arranged  in  difiierent  daase« 
according  to  the  amount  of  their  property,  and  it 
may  therefore  fairly  be  presumed  that  a  piaoe  in 
the  centuries  of  equites  was  deteimnied  by  th^^ 
same  qualification.    Dionysius  (iv.  18)  exprnsiv 
says,  that  the  equites  were  chosen  by  Scrrias  oat 
of  the  richest  and  most  illustrious  fismilies ;  and 
Cicero   {De  Rep.  u.  22)   that  thej  were  of  \ht 
highest  census  (oous  nuueUno),     Livy  (i  43)  a]«8 
states  that  the  twelve  centuries  formed  by  Serriot 
Tullius  consisted  of  the  leading  men  of  the  elate. 
None  of  these  writers,  however,  mention  the  pn»- 
perty  which  was  necessary  to  entitle  a  person  to  a 
place  among  the  equites ;  but  it  waa  probably  of 
the  same  amount  as  in  the  latter  times  of  the'  re- 
public, that  is,  four  times  that  of  the  first  dan. 
Every  one  thcarefore  who  possessed  the  reqai«itp 
property,  and  whose  character  was  onblemislied 
(for  this  latter  qualification  appears  to  hare  bero 
always  necessary  in  the  ancient  times  of  the  re- 
public),  was  admitted  among  the  equites  of  the 
Servian  constitution  ;  and  it  may  be  presumed  (ku 
the  twelve  new  centuries  were  created  in  order  lo 
include  all  those  persons  in  the  state  who  possnsed 
the  necessary  qualifications.      Niebohr  {HiaL  af 
Rome,  vol  i  pb  427«  &cX  however,  supposes  that 
the  qualification  of  property  was  ool  j  neeessary  £ar 
admission  into  the  twdve  new  centariea,  and  dot 
the  statement  of  Dionysius,  quoted  above,  oagbt 
to  be  confined  to  these  centuries,  and  not  apfdied 
to  the  whole   eighteen.    He  maintains  that  the 
twelve  centuries  consisted  exclusively  of  plebeians : 
and  that  the  six  old  centuries  (that  is,  the  three 
double  centuries  of  Ramnes,  Titles  and  Lucent 
priorea  and  paateriorea\  which  were  incorporated 
by  Servius  into  his  comitia  under  the  title  of  the 
aest  ax^ffragia,  comprised  all  the  patridana,  mde- 
pendent  of  the  amount  of  property  which  tbcj 
possessed.     This  account,  however,  does  not  seen 
to  rest  on  sufficient  evidence ;  and  we  have,  oo  the 
contrary,  an  express  instance  of  a  patrician,  L.  Tar- 
quitius,  B.  c.  458,  who  was  compelled  on  acootmt 
of  his   poverty  to  serve  on  foot     (Liv.  iiL  27.) 
That  the  six  old  centuries  consisted  entireij  of 
patricians  is  most  |»obable,  since  the  plebeiaos 
would  certainly  not  have  been  admitted  among  Utc 
equites  at  all  till  the  Servian  constitution  ;  sod  a 
by  this  constitution  new  centuries  were  created,  it 
is  not  likely  that  any  plebeians  would  have  been 
pUiced  among  the  ancient  six.    But  we  have  oo 
reason  for  supposing  that  these  six  centoriet  con- 
tained the  fjokole  body  of  patricians,  or  that  the 
twelve  consisted  entirely  of  plebeians.     We  mar 
suppose  that  those  patricians,  who  bdonged  to  tiw 
six,  were  allowed  by  the  Servian  constitntioo  to 
continue  in  them,  if  they  possessed  the  reqaiiito 
property ;  and  that  all  other  persons  in  the  state, 
whether  patricians  or  plebeians,  who  possessed  the 
requisite  property,  were  admitted  into  the  13  oe^ 
centuries.     That  the  latter  were  not  confined  to 
plebeians  may  be  inferred  from  Livy,  who  nyi 
that  they  consisted  of  the  leading  men  in  the  itstr 
{primorea  civUaUa\  not  in  the  pleba. 

As  vacancies  occurred  in  the  eighteen  centoriei, 
the  descendants  of  those  who  were  originalij  en- 
rolled succeeded  t6  their  places,  whether  piebeisBS 
or  patricians,  provided  they  had  not  diaaipsted 


EQUITES. 

lUrpNpatr  ;  br  Niebahr  goes  too  far  wlien  he 
«natt  Vmi  all  tacBoeies  were  filled  up  according 
^.  Uitli,  iodepaBdent  of  any  property  qualification. 
Bbi  in  come  of  time,  as  popolatioo  and  wodtli  in- 
cnued,  the  Bnmber  of  perarma,  who  poeaoMed  an 
rquotriu  fertoncs,  alao  mcreaaed  greatly  ;  and  as 
uc  naber  of  e^tea  in  the  18  oentniiea  wm 
Eaitd,  tiioie  pezwoa,  whoae  aneeaton  had  not 
beat  enrolled  in  the  ceotnriea,  could  not  leeeivo 
kon  &m  the  state,  and  were  therefore  allowed 
tk  pnnkge  of  aerriqg  with  their  own  hones 
m^  £t  cavaliy,  inatwid  of  the  in&ntiy,  as 
'^  wnld  otherwise  hnve  been  obliged  to  hare 
dins.  Tkn  erase  the  two  distinct  classes  of 
efjoites,  which  have  been  already  mentioned. 

Tke  inspection  of  the  eqaitea  who  receiTed 
knes  from  the  state,  belonged  to  the  censors,  who 
hod  the  power  of  depri>-ing  an  eques  of  his  horse, 
aad  redadsg  him  to  the  condition  of  an  aerarian 
<Lir,  ixir.  43),  and  alao  of  givins  the  vacant 
kne  to  the  most  diatingnish«i  of  the  equttes 
vW  had  prenoaaly  aerred  nt  their  own  expense. 
F>r  these  poipoees  tbej  mnde  daring  their  censor- 
tki^  s  public  inspectioi,  in  the  forum,  of  all  the 
ioughtft  vho  posaesaed  public  horses  (aqmiaimm  re- 
ftyyiMtwf,  Liv.  ttxit.  44  ;  egaiitem  ceai^Hriat  re- 
ayaMcnf,  Valcr.  Max.  ii  9.  §  6).  The  tribes 
v«re  taka  in  order,  and  each  kmght  was  snm- 
apoed  by  name.  Erciy  one,  as  his  name  was 
olid,  walked  past  the  censon,  leading  his  horse. 
Tha  oexenumy  is  repreaented  on  the  reverse  of 
ROBT  Roman  coins  struck  by  the  censors.  A  wge- 
ciniea  is  sonexed. 


EQU1TE& 


479 


If  the  eensors  had  no  fault  to  find  either  with 
tbe  chaiacter  of  the  Icnight  or  the  equipments  of 
ha  hone,  they  ovdeied  him  to  pass  on  {tradne 
<^nn,  Valer.  Max.  ir.  1.  §  10) ;  but  if  on  the  coik 
tzaiT  they  considered  him  unworthy  of  his  rank, 
they  itnck  him  out  of  the  list  of  knighta,  and  de- 
prived him  of  h»  horae  (  Lir.  xxxix.  44)  or  ordered 
tiffl  to  sell  it  (Lit.  •■^t,  37  ;  Valer.  Max.  ii  9. 
§  6),  with  the  intention  no  doubt  that  the  penon 
thos  degmded  should  lelund  to  the  state  the 
Booej  which  had  been  advanced  to  him  for  ito 
fuciaMw  (Niebuhr,  UiaL  o/Romey  vol  i.  p.  433.) 
At  the  same  leTiew,  those  equites  who  had  served 
tbe  Rgnbr  time^and  wished  to  be  dischaiged,  were 
scnBtooied  to  give  an  account  to  the  censors  of  the 
oiopaigns  in  whidi  th^  had  served,  and  were 
thea  dimiased  with  honour  or  disgrace,  as  they 
»lH)t  hare  deserved.   (Pint  i>o«^.  22.) 

Tha  renew  of  the  equites  by  the  censors  must 
not  be  eoBimmded  with  the  Eqmlitm  TrantveetiOy 
vhkh  was  a  aolemn  proceasion  of  the  body  eveiy 
yw  on  \he  Ides  of  Quintflis  (July).  The  proces- 
^  itvted  fiom  the  temple  of  Mara  outoide  the 
^Jy  ud  paaied  through  the  city  over  the  fonnn, 
^  hy  the  temple  of  the  Dioacnri.  On  thia  occasion 
tile  eqmtes  were  always  crowned  with  olive  chap- 
^^  od  wore  their  stote  dress,  the  trabea,  with 
^  the  Iwnonnible  distinctians  which  they  had 


gained  in  battle.  (Dionys.  vi  IS.)  Aceotding  to 
Livy  (ix.  46)  this  annual  procession  was  first  csta> 
blished  by  die  censors  Q.  Fabius  and  P.  I>ecius, 
B.C.S04;  but  according  to  Dionysins  (Lc)  it  was 
institated  after  the  defeat  of  the  Latins  near  the 
lake  Kegillus,  of  which  an  aceount  was  brought  to 
Rome  by  the  Dioscuri. 

It  may  be  asked,  how  long  did  the  knight  retain 
his  public  hone,  and  a  veto  in  the  equestrian  cen- 
tuiy  to  which  he  belonged?  On  this  subject  we 
have  no  positive  infiMmation  ;  but  as  those  equites, 
who  served  with  their  own  hoiaes,  were  only  ob- 
liged to  serve  fiir  ten  years  (a^^jpeMlta,  rrpartlaa) 
under  the  i^  of  46  (Polyb.  vL  19.  §  2),  we  may 
presume  that  the  same  mie  extended  to  those  who 
served  with  the  public  horses,  provided  they  wUked 
to  give  up  the  aervioe.  For  it  is  certain  that  in 
the  ancient  times  of  the  republic  a  knight  might 
retain  his  horse  as  long  as  he  pleased,  even  after 
he  had  entered  the  senate,  provided  he  continued 
able  to  dischaige  the  duties  of  a  knight.  Thus  the 
two  censors,  M.  Livius  Salinator  and  C.  Chmdins 
Nero,  in  B.C204,  were  also  equites  (Liv.  xxix. 
37)  ;  and  L.  Scipio  Asiaticns,  who  was  deprived 
of  his  horae  by  the  censors  in  &  a  185  (Liv.  xxxix. 
44),  had  himself  been  censor  in  a  a  191.  This  i» 
also  proved  by  a  fragment  in  the  fourth  book  (c.  2) 
of  Cicero"*  **  De  RepuUica,**  in  which  he  says, 
€qmiatm*t  m  9*0  mij^ragia  mmt  eUam  tematma ;  by 
which  he  eridently  means,  that  most  of  the  senators 
were  enabled  to  vote  at  the  Comitia  Centnriata  in 
consequence  of  their  belonging  to  the  equestrian 
centuries.  But  during  the  later  times  of  the  re* 
public  the  knights  were  obliged  to  give  up  their 
horaes  on  entering  the  aenate,  and  consequently 
ceased  to  belonff  to  the  equestrian  centuries.  This 
regulation  is  Minded  to  in  the  fragment  of  Cicero 
already  referred  to,  in  which  Scipio  says  that  many 
persons  were  anxious  that  a  plebiscitum  should  be 
passed,  ordaining  that  the  public  horaes  should  be 
restored  to  the  state,  which  decree  was  in  all  pro- 
bability passed  afterwards  ;  since,  as  Niebuhr  ob- 
servea  (vol.  i.  p.  433,  note  1016),  **  when  Cicero 
makes  Scipio  speak  of  any  measure  as  intended, 
we  are  to  suppose  that  it  bad  actually  taken  place, 
but,aceording  to  the  information  possessed  by  Cicero, 
was  later  than  the  date  he  assigns  to  Scipio*s  dia- 
course.^  That  the  creater  nimibcr  of  the  eqnitea 
equo  publico,  after  tne  exclusion  of  senators  from 
the  equestrian  centuries,  were  young  men,  is  proved 
by  a  passage  in  the  woik  of  Q.  Cicero^  De  PetiHone 
QmmtaiuM  (c.  8). 

The  equestrian  centuries,  of  which  we  have 
hitherto  been  treating,  were  only  regarded  as  a 
division  of  the  army  ;  they  did  not  form  a  distinct 
classorordo  in  the  constitution.  The  community, 
in  a  political  point  of  view,  was  only  divided  into 
patricians  and  plebeians ;  and  the  equestrian  cen- 
turies were  composed  of  both.  But  in  the  year 
ac  123,  a  new  class,  called  the  Ordo  Eqneatris, 
was  formed  in  the  state  by  the  Lex  Sempronia, 
which  wajB  introduced  by  C.  Gracchus.  By  this 
law  all  the  jndices  had  to  be  chosen  from  those 
citiaens  who  possessed  an  equestrian  fortune. 
(Pint  aCraeekS  ;  Appian,  De  BelL  Ciw. L  22  ; 
Tac  Amu  xiL  60.)  We  know  very  little  respecting 
the  provisions  of  diis  law ;  but  it  appears  from  the 
Lex  Servilia  repetundarum,  passed  eighteen  years 
afterwards,  that  every  peraon  who  was  to  be  chosen 
judex  was  required  to  be  above  thirty  and  imder  sixty 
years  of  age,  to  have  either  an  equna  pnblicus  or  to 


474  EQUITEa 

be  qualified  by  his  fortune  to  poasett  one,  and  not 
to  be  a  senator.  The  number  of  judices,  who  were 
required  yeariy,  waa  chosen  firom  this  class  by  the 
praetor  nrbanus.  (Klenze,  Lex  SstvUia,  Berl.  1 825.) 

As  the  name  of  equites  had  been  originally  ex- 
tended from  those  who  possessed  the  public  horses 
to  those  who  served  with  their  own  horses,  it  now 
came  to  be  applied  to  all  those  persons  who  were 
qualified  by  their  fortune  to  act  as  judices,  in  which 
sense  the  word  is  usually  used  by  Cicero.  Pliny 
(ff.N.  xxziil  7)  indeed  says  that  those  persons 
who  possessed  the  equestrian  fortune,  but  did  not 
serve  as  equites,  were  only  called  judioet,  and  that 
the  name  of  eqtdlea  was  always  confined  to  the 
possessors  of  the  equi  publici.  This  may  have 
been  the  correct  use  of  the  term  ;  but  custom  soon 
gave  the  name  of  equites  to  the  judices  chosen  in 
accordance  with  the  Lex  Sempronia. 

After  the  reform  of  Sidla,  which  entirely  de- 
prived the  equestrian  order  of  the  right  of  being 
chosen  as  judices,  and  the  passing  of  the  Lex  Au- 
relia  (b.c.  70),  which  ordained  that  the  judices 
should  be  chosen  from  the  senators,  equitfes,  and 
tribuni  aerarii,  the  influence  of  the  order,  sajrs 
Pliny,  was  still  maintained  by  the  publicani  (Plin. 
H,  N.  xxxiiL  8),  or  &rmers  of  the  public  taxes.  We 
find  that  the  publicani  were  almost  always  called 
equites,  not  because  any  particuhir  rank  was  neces- 
saiy  in  order  to  obtain  firom  the  state  the  fanning 
of  the  taxes,  but  because  the  state  naturally 
would  not  let  them  to  any  one  who  did  not  possess 
a  considerable  fortune.  Thus  the  publicani  are 
frequently  spoken  of  by  Cicero  as  identical  with 
the  equestrian  order  {Ad  Att.  il  1.  §  8).  [Fvb- 
licanl]  The  consulship  of  Cicero  and  the  active 
part  which  the  knights  then  took  in  suppressing 
the  conspiracy  of  Catiline,  tended  still  further  to 
increase  the  power  and  influence  of  the  equestrian 
order  ;  and  **  from  that  time,"  says  Pliny  (L  &), 
**  it  became  a  third  body  (oorjnu)  in  the  state,  and, 
to  the  title  of  Senahu  Popuhuque  JRonuuuu^  there 
began  to  be  added  Et  Equettrit  Ordo,^* 

In  B.  a  63,  a  distinction  was  confeired  upon 
them,  which  tended  to  separate  them  still  fiirther 
from  the  plebs.  By  the  Lex  Roscia  Othonis, 
passed  in  that  year,  the  first  fourteen  seats  in  the 
theatre  behind  the  orchestra  were  given  to  the 
equites  (Liv.  EpU,  99) ;  which,  according  to  Cicero 
{pro  MurA9)  and  Velleins  Paterculus.  (ii.  32), 
was  only  a  restoration  of  an  ancient  privilege ; 
which  is  alluded  to  by  Livy  (L  35),  when  he  says 
that  special  seats  were  set  apart  in  the  Circus 
Maximus  for  the  senators  and  equites.  They  also 
possessed  the  right  of  wearing  the  Clavus  Augus- 
tus [Claws]  ;  and  subsequently  obtamed  the 
privilege  of  wearing  a  gold  ring,  which  was  origi- 
nally confined  to  the  equites  equo  publico. 

The  number  of  equites  increased  greatly  under 
the  early  emperors,  and  all  persons  were  admitted 
into  the  order,  provided  they  possessed  the  requisite 
property,  without  any  inquiry  into  their  character 
or  into  the  free  birth  of  their  fiither  and  gnnd- 
fi&iher,  which  had  always  been  required  by  the 
censors  under  the  republic.  Property  became  now 
the  only  qualification ;  and  the  order  in  conse'- 
quence  gradually  began  to  lose  all  the  consideration 
which  it  had  acquired  during  the  later  times  of  the 
republic  Thus  Horace  {Ep,i.  1.  58)  says,  with 
no  small  degree  of  contempt, — 

Si  quadringentj«  sex  septem  milia  desunt, 
Plebs  ens. 


EQUITES. 

Augustus  formed  a  select  daas  of  equites,  cnn- 
sisting  of  those  equites  who  possessed  the  proporTr 
of  a  senator,  and  the  old  requirement  of  finee  birih 
up  to  the  grand&ther.  He  permitted  this  dass  to 
wear  the  kUus  damu  (Ovid.  TVuL  i^.  la  35)  ; 
and  also  allowed  the  tribunes  of  the  pJebs  to  be 
chosen  fimm  them,  as  well  as  the  senatora,  and  gave 
them  the  option  at  the  termination  of  their  office  to 
remain  in  the  senate  or  return  to  the  eqoestnan 
order.  (Suet  Awjf.  40  ;  Dion  Cass.  liv.  30.)  Tbts 
class  of  knights  was  distinguished  by  the  spec'-ai 
title  iUustret  (sometimes  insigMM  and  mftexdidx) 
eiiuites  Romam.  (Tacit.  Amu  xL  4,  with  the  note 
of  Lipsius.)    ' 

The  formation  of  this  distinct  chiss  tended  to 
lower  the  others  still  more  in  public  estimation. 
In  the  ninth  year  of  the  reign  of  Tiberius  an  at- 
tempt was  made  to  improve  the  <Hnler  by  requiricg 
the  old  qualifications  of  free  birth  up  to  the  grand - 
fiither,  and  by  strictly  forbidding  any  one  to  wear 
the  gold  ring  unless  he  possessed  this  qnalification. 
This  regulation,  however,  was  of  little  avail,  as  the 
emperors  frequently  admitted  fiwedmen  into  tfa^ 
equestrian  order.   (Plin.  H,  N.  xxxiii.  8.)     When 
private  persons  were  no  longer  appointed  jndion, 
the  necessity  for  a  distinct  class  in  the  coomianitr. 
like  the  equestrian  order,  ceased  entirely  ;  and  the 
gold  ring  came  at  length  to  be  worn  by  all  free 
citiaens.     Even  slaves,  after  their  mannmissioii, 
were  allowed  to  wear  it  by  special  permission  frrm 
the  emperor,  which  appears  to  have  been  usually 
granted  provided  the  patronus  consented.  (Dig.  40, 

tit.  10.  S.  3.)      [ANNULU&] 

Having  thus  traced  the  history  of  the  equestriaa 
order  to  its  final  extinction  as  a  disdnct  dass  io 
the  community,  we  must  now  return  to  the  equites 
equo  publico,  who  formed  the  eighteen  equestrian 
centuries.  This  class  still  existed  during  the  hitter 
years  of  the  republic,  but  had  entirely  ceased  to 
serve  as  horse-soldiers  in  the  army.  The  cavalrj 
of  the  Roman  legions  no  longer  consisted,  as  in  the 
time  of  Polybius,  of  Roman  equites,  but  their  place 
was  supplied  by  the  cavahry  of  the  allied  states. 
It  is  evident  that  Caesar  in  his  Gallic  van 
possessed  no  Roman  cavalxy.  (Caes.  BdL  CfafL 
i.  15.)  When  he  went  to  an  interview  with 
Ariovistus,  and  was  obliged  to  take  caraliy  with 
him,  we  are  told  that  he  did  not  dare  to  tnut  his 
safety  to  the  Gallic  cavalry,  and  therefore  monnted 
his  l^onary  soldiers  upon  their  horses.  (Id.  i.  4  2. ) 
The  Roman  equites  are,  however,  frequently  men- 
tioned in  the  Gallic  and  civil  wars,  bnt  never  as 
common  soldiers ;  they  were  officers  attached  to  the 
staff  of  the  general,  or  commanded  the  cavaliy  of 
the  allies,  or  sometimes  the  legions.  (Id.  vii.  70; 
Bett.  Or.  L  77,  iii.  71,  &c) 

After  the  year  &  c.  50,  there  were  no  censors  in 
the  state,  and  it  would  therefore  foUow  that  for  sonte 
years  no  reriew  of  the  body  took  place,  and  that 
the  vacancies  were  not  filled  up.  When  Angcstits 
however  took  upon  himself,  in  b.  c  29,  the  pree- 
fectnra  momm,  he  frequently  reviewed  the  troofn 
of  equites,  and  restored,  according  to  Saetanins 
(Auff,  38),  the  long-neglected  custom  of  the  sdenm 
procession  (irofuvecHo) ;  by  which  we  are  probaUy 
to  understand  that  Augustus  connected  the  reriev 
of  the  knights  (rsooguUio)  with  the  amraal  proces- 
sion {troMvectio)  of  the  15th  of  July.  From  this 
time  these  equites  formed  an  honooiable  corps 
from  which  all  the  higher  officers  in  the  amy 
(Suet  At^,  88y  Ch^  25)  and  the  chief  tuffi- 


ERANI. 

MM  ia  the  itate  mre  chosen.  Admiation  into 
tbii  bodj  VIS  ei|iuvalcQt  to  an  introduction  into 
ptblic  Ii^  and  vaa  therefore  esteemed  a  great  pri- 
niete  ;  whence  ve  find  it  recorded  in  iascriptiona 
Lut  sDck  a  penon  was  S7110  publico  homaraimay 
a-rnatn^  &G.  by  tJbe  emperor.  (Orelli,  Inacnp, 
Nil.  l^ly  31a,  1229.)  If  a  joong  man  was  not 
adiaitfrii  into  this  boify,  he  was  exdoded  from  all 
ard  odices  d  vxj  importance,  except  in  monicipal 
iivui ;  and  sIbo  from  all  nmk  in  tke  anny,  with 
tb-  f  xeepdoa  of  centnrion. 

All  those  cqnitcs  who  were  not  employed  in 
vfsiA  Kirice  were  obliged  to  reside  at  Rome 
iliirii  CsmlUz.  9),  where  they  were  allowed  to 
^  *J)e  lover  msgi^ndea,  which  entitled  a  pcnon 
\A  ^mauoB  into  the  senate.  They  were  divided 
lau)  aix  tonna^  each  of  which  was  commanded  by 
SI  f&oex^  vbo  is  frequently  mentioned  in  inscrip- 
Uis  u  Srvir  egadma  Rom,  iurmao  L  IL  &c,  or 
cocBHnlj  Steir  turmae  or  Sevir  imrmarmm  eqmtmm 
liomanrm.  Ftam  the  time  that  the  eqnites  bo- 
ftiw€d  the  title  of  prime^ieo  jmenhUig  apon  Caius 
sad  I^odos  Csem;  the  grandsons  of  Augnstns 
(Tact  Amu  L  3  ;  Moonm.  Ancyr.),  it  became  the 
wtomto  eooiier  this  title,  as  well  as  that  of  SeTir, 
ipoo  dw  probable  soccgasar  to  the  throne,  when 
h  aist  entered  into  public  life  and  was  presented 
%iih  tt  eqaos  pnbUcas.  (Capitol.  M,  Anion,  PkiL 
6 ;  Lampnd.  Commod,  1.) 

Tbe  practice  of  filling  all  the  higher  offices  in 
the  state  from  these  equitea  appears  to  have  con- 
tioied  M  long  as  Rome  was  the  centre  of  the 
forcnunent  and  the  residenoe  of  the  emperor. 
Iky  BR  neotioned  in  the  time  of  Severus  (Om- 
:er,'/uei^  p.  )001. 5  ;  Papinian,  in  Dig.  29.  tit 
1. 1 43), sad  of  Caracalla  (Oniter,  p.  379.  7) ;  and 
fcrbapi  Istcr.  After  the  tune  of  Diodetiui,  the 
c^nitei  becsoie  only  a  city  guard,  under  the  com- 
UBd  of  the  Praefectns  Vigilum ;  but  they  still  re- 
taiB«d  is  the  time  of  Valentinianus  and  Valens, 
i.0. 364,  the  second  rank  in  the  city,  and  were 
cdtnli)ect  to  eorpoial  punishment.  (Cod.  Theodoo. 
6.  VL  36.)  Respecting  the  Magitter  EqmUum^  see 
BicriTOB. 

(Zonpt,  Udm-  die  Aomsflim  RiUer  und  dm 
Riembmd  »  iZoss  Berlin,  1840 ;  Marquardt, 
Ifatonae  S^mtwm  Romamumm  tiUri  IV,  Berlin, 
mO;  MsdTig,  D€  Loco  deertmit  m  IAAy,  de 
J^fHiie^  in  Opmaada^  toL  L  p.  72,  &c.  ;  Becker 
UoBOmA  itr  Romimshm  AUmikHmtr^  toL  ii. 
PwtLp.235,&c) 

EQUULEUS  «  ECULEUS,  an  mstrument  of 
t^toie,  vhifh  is  supposed  to  baTo  been  so  called 
^m  it  vat  in  the  form  of  a  horse.    We  hare 
u  deicriptiaQ  of  iu  form  given  by  any  of  the  an- 
c-cDt  wiiten,  but  it  appean  not  to  have  difiered 
f^f^T  from  the  crux.     (Cic  Pro  Mil  21,  Com- 
paq vith  eerta  ensr,  c.  22.)     It  appears  to  hare 
Wn  conniMniy  uied  at  Rome  in  taking  the  en- 
<i<%e  of  ihiTee.     (See  Sigonius,  Do  JudieHtf 
UL  17 ;  M^iog,  IM  Eqmdoo^  in  Salengre'S  Nov, 
^«w.  AmL  Rvm.  ToL  iL  p.  1211,  Ac.) 
EQUL'S  OCTOBER.    [PALttiA.] 
It  RANI  (Ijporoi),  were  clubs  or  societies,  estab- 
^^tor  chaxitable  or  conWTial  purposes,  or  for 
^  They  were  very  common  at  Athens,  and 
noted  the  temper  of  the  people,  who  were  both 
"kbI  ib4  geaenos.    The  term  Ipoyot,  in  the 
•««e  of  t  coDvivial  party,  is  of  ancient  date. 
v!?  ^  ^  ^^^    ^^  resembled  our  picnics,  or 
w^MxaaBpifaaifa,  snd  was  also  called  Scrivor 


ERANI.  475 

ish  0'WvpSBofot  kah  9VfifoA«r:  where  every  guest 
brought  his  own  di»h,  or  (to  save  truuble)  one  was 
deputed  to  cater  for  the  rest,  and  was  afterwards 
repaid  by  contributions.  [Cokna,  p.  304,  b.]  The 
clubs  that  were  formed  at  Athens  used  to  dine  to- 
gether at  stoted  periods,  as  once  a  month  ;  and 
every  member  was  bound  to  pa^  his  subscription, 
which  (as  well  as  the  society  itself)  was  called 
fporoi;  and  the  memben  ipaywruL  If  any  mem- 
ber &iled  to  pay,  the  sum  was  made  up  by  the 
president,  ^poi^x^r,  also  called  irXiipwrj^t  ^ptUov, 
who  afterwards  recovered  it,  if  he  could,  from  the 
defSuiltei:  HXiipow  l^poror  often  moans  simply,  to 
pay  the  subscription,  as  Xsfircu'  or  ^ntXcfvcur,  to 
make  default.  (Don.  e.  Apkob.  p.  821,  cMid, 
pw  547,  A  Ari$tog.  p.  776.) 

There  were  also  associations  under  this  name, 
for  the  purpose  of  mutual  relief  resembling  in 
lome  degree  our  friendly  or  benefit  societies  ;  but 
with  this  essential  difference,  that  the  relief  which 
they  afforded  was  not  (as  it  is  with  us)  based  upon 
any  calculation  of  natural  ooDtingencies,  but  waa 
given  pro  n  nakt^  to  such  poor  members  as  stood 
ia  need  of  it  The  Athenian  societies  do  not  ap- 
pear to  have  kept  up  a  common  fund  by  regular 
subscriptions,  though  it  is  probable  that  the  sum 
which  each  member  was  expected  to  advance,  in 
case  of  need,  was  pretty  well  understood.  If  a 
man  was  reduced  to  poverty,  or  in  distress  for 
money  for  any  cause,  he  applied  to  the  members 
of  his  dub  tor  aesiittanfe ;  this  was  called  ovA- 
A^iF  Iparsr :  those  who  advanced  it  were  said 
ipn^Ctuf  oifT^i  the  relief  was  considered  as  a 
loan,  repayable  by  the  borrower  when  in  better 
circumstances.  Isaeiu  (De  Hagn,  Hered,  p.  294) 
reckons  among  the  assets  of  a  person,  il  ipdptty 
^cA^/urra  %unrewptcy/ittmy  from  which  we  may 
infer,  that  each  contributor  was  entitled  to  recover 
the  sum  he  had  lent  For  the  recovery  of  such 
loans,  and  for  the  decision  of  other  disputes,  there 
were  ^poriaal  Sficoi,  in  which  a  summary  and 
equitable  kind  of  justice  was  administered.  Plato 
{Iteff,  xL  p.  915)  disapproved  of  lawsuits  in  such 
matters,  and  would  not  allow  them  in  his  republic 

Salnmsius  contends  that  wherever  the  term 
Ipoyos  is  applied  to  an  established  society,  it  means 
only  a  convivial  dub,  and  that  there  were  no  re- 
gular associations  for  the  purposes  of  charity  ;  but 
others  have  held  a  diffierent  opinion.  (See  Salmas. 
De  Umrie^  e.Z^  Obe,  ad  Ju»  AU,  et  Rom,  and 
Herald*  ^atmcufo.  ta  Salma$.,  referred  to  in  Meicr*s 
AtL  Proc,  p.  540.)  It  is  not  probable  that  many 
permanent  sodeties  were  formed  with  the  sole 
view  ctf  fessting.  We  Imow  that  at  Athens,  as 
well  as  in  the  other  Oredan  republics,  there  were 
dubs  for  various  purposes,  political  as  well  as 
social:  the  members  of  which  would  naturally 
meet,  and  dine  together  at  certain  periods.  Such 
were  the  religious  companies  ((^ioo-oi),  the  commer- 
cial (4taeopucal\  and  some  others.  (Bockh,  Po/. 
Eeon,  of  AtMetUy  p.  245,  2nd  ed.)  Unions  of  this 
kmd  were  called  by  the  general  name  of  Ircupfoi, 
and  were  often  converted  to  mischievous  ends, 
such  as  bribery,  overawing  the  public  assembly, 
or  influencing  courto  of  justice.  (Thuc.  iil  82  ; 
Dem.  De  Conm,  pi  329  ;  Thirlwall,  Gr,  HisL  vol 
iv.  p.  36.)  In  the  days  of  the  Roman  empire 
friendly  societies,  under  the  name  of  Ijpoyoi,  were 
frequent  amonj^  the  Greek  cities,  but  were  looked 
on  with  suspicion  by  the  emperors  as  leading  to 
political  combinations.   (Plin.  ^.  z.  93,  94.)  I^ha 


47e 


ESSEDA. 


gilds^  or  {ratemities  for  mutoal  aid,  among  the  an- 
cient Saxons,  resembled  the  fytufoi  of  the  Greeks. 
(Turner's  HisL  of  the  AngloSaaxms^  iv.  10.)  Com- 
pare dso  the  iyanSt,  or  love-feasts  of  the  early 
Christians. 

The  word  tpwos  is  often  used  metaphorically,  to 
signify  any  contributions  or  friendly  adrance  of 
money.  [C.  R.  K.] 

ERGA'STULUM  was  a  private  prison  attached 
to  most  Roman  &rms,  called  eoanofr  nutieus  by 
Juvenal  (ziv.  24),  where  the  slaves  were  made  to 
work  in  chains.  It  appears  to  have  been  usoolly 
under  ground,  and  according  to  Columella  (L  6) 
ought  to  be  lighted  by  narrow  windows,  which 
should  be  too  high  from  the  ground  to  be  touched 
by  the  hand.  The  slaves  confined  in  an  eigastu- 
lum  were  also  employed  to  cultivate  the  fields  in 
chains.  (Plin.  ff,  N,  zviiL  7.  §4  ;  Flor.  iii.  19.) 
Slaves  who  had  displeased  their  masters  were 
punished  by  imprisonment  in  the  ergastulum  ;  and 
in  the  same  place  all  slaves  who  could  not  be  de- 
pended upon  or  were  barbarous  in  their  habits,  were 
regularly  kept  A  trustworthy  slave  had  the  care 
of  the  ergastulum,  and  was  therefore  called  eryastula- 
rku.  {CoLnxn.  I  8.)  According  to  Plutarch  (7^. 
Oraa^S\  these  prisons  arose  in  consequence  of 
the  conquest  of  Italy  by  the  Romans,  and  the 
great  number  of  barbarous  slaves  who  were  em- 
ployed to  cultivate  the  conquered  hmdsi  In  the 
time  of  Hadrian  and  Antoninus,  many  enactments 
were  made  to  ameliorate  the  condition  of  sUves  ; 
and  among  other  salutary  measures,  Hadrian  abo- 
lished the  ergastula,  which  must  have  been  liable 
to  great  abuse  in  the  hands  of  tyrannical  masters. 
(Spart  Hadrian^  18,  compared  with  Gains,  L  53.) 
For  further  infonnation  on  the  subject,  see  Bris- 
sonius,  Ariiiq,  SelsctAuB  ;  Lipsius,  Eled,  ii.  15, 
Opera,  vol  l  p.  817,  &c. ;  Gottling,  0€$6k,  der 
Rom,  Staatn.  p.  135. 

ERI'CIUS,  a  military  engine  full  of  sharp 
spikes,  which  was  placed  by  the  gate  of  the  camp 
to  prevent  the  approach  oif  the  enemy.  (Caes. 
B,  C.  iii.  67  ;  Sallust,  apud  Non,  zviii.  1 6  ;  Lipsius, 
FoUorcet.  v.  4.) 

EROGATIO.    [Aquabductus,  p.  1 15,  a.] 

ERO'TIA  or  EROTI'DIA  (ipdria  or  ifHorU 
8ta),  the  most  solemn  of  all  the  festivals  celebrated 
in  the  Boeotian  town  of  Thespiae.  It  took  place 
every  fifth  year,  and  in  honour  of  Eros,  the  prin- 
cipal divinity  of  the  Thespians.  Respecting  the 
particulars  nothing  is  known,  except  that  it  was 
solemnised  with  contests  in  music  and  gymnastics. 
(Pint  Amai,  1  ;  Pans.  ix.  81.  §  8  ;  Athen.  xiil 
p.  561 .)  The  worship  of  Eros  seems  t»  have  been 
established  at  Thespiae  from  the  earliest  times  ; 
and  the  ancient  symbolic  representation  of  the  god, 
a  rude  stone  (ifryhs  Xi$os\  continued  to  be  lo<Sced 
upon  with  particular  reverence  even  when  sculp- 
ture had  attained  the  highest  degree  of  perfection 
among  the  Greeks.  (Pans.  iz.  27.  §  1  ;  compare 
Schol.  ad  Pind.  (Hymp,  vil  154  ;  Ritschl,  in  the 
Rhem.  Mus,  vol  ii.  p.  106.)  [L.  S.] 

ERRHEPHCRIA  or  ERSEPHO'RIA  «f}- 
^Ti^6put  or  ifxni^ta.)     [Arrxphoria.] 

ESCHARA  {irxipa),     fFocus.] 

ESSEDA  or  E'SSEDUM  (from  the  Celtic 
/?«,  a  carriage,  Ginzrot,  vol  i.  p.  877),  the  name 
of  a  chariot  used,  especially  in  war,  by  the  Britons, 
the  Gauls  and  Belgae  (Viig.  Cf«»rg,  iii.  204 ;  Sei^ 
vius,  ad  loc) ;  and  also  by  the  Germans  (Perg.  vi. 
47). 


EVICTIO. 

According  to  the  account  given  by  Cbenr  (Be^ 
Gall.  iv.  38),  and  agreeably  to  the  remarks  of  Dio- 
dorus  Siculus  (v.  21,  29),  the  method  of  uring  the 
essedum  in  the  ancient  British  amy  was  verr 
simiUir  to  the  practice  of  the  Greeks  in  the  hemic 
ages,  as  described  by  Homer,  and  in  the  article 
CuRRUS.    The  principal  diffieraDce  seems  to  have 
been  that  the  essedum  was  stronger  and  more 
ponderous  than  the  9i^poSy  that  it  was  open  before 
mstead  of  behind ;  and  that  in  eooaeqaaice  of 
these  circumstances  and  the  width  of  the  pde,  the 
owner  was  able,  whenever  he  pleased,  to  ma 
along  the  pole  (de  temoM  Britamio  VBodA,  Jnv.  ir. 
125),  and  even  to  raise  himsdf  upon  the  yoke, 
and  then  to  retreat  with  the  greatest  speed  idlo 
the  body  of  the  car,  which  he  drove  with  eztzo- 
ordinary  swiftness  and  skill.     From  the  eztieinity 
of  the  pole,  he  threw  his  missiles,  especially  tisie 
oaf0Mi  (VaL  Place.  Atgon.  vi  83).     It  appears 
also  that  these  ears  were  purposely  made  as  noiir 
as  possible,  probably  by  the  credung  and  dangin^ 
of  the  wheels  (sfrqD«te  rotoruM,  Caes.  L  c  ;  com- 
pare Tacit  Agric  85  ;  Eueda  muHimmota^  Ckud. 
Epig.  iv.)  ;  and  that  this  waa  done  in  order  to 
strike  dismay  into  the  enemy.    The  fennidaMe 
British   warriors  who  drove  these  chariots,  the 
.** car-borne**  of  Ossian,   were  called   in  Latin 
JEwftfam.     (Caos.B.aiv.  24  ;  Cit  arf  .Rm.  vii. 
6.)     There  were  about  4000  of  them  in  the  annr 
of  CassibeUunus.    (Caes.  B.  G.  v.  19.)    Havn^ 
been  captured,  they  were  sometimes  exhibited  is 
the  gladiatorial  shows  at  Rome,  and  seem  to  bare 
been  great  fiivourites  with  the  people.    (Snetoa. 
Calig.  85,  Claud.  21.)    They  must  have  held  the 
highest  rank  in  the  armies  of  their  own  coontnr ; 
and  Tacitus  (Agrie,  12)  observes  that  the  driver'oi 
the  car  ranked    above  his  fighting  companiao, 
which  was  the  reverse  of  the  Greek  usage. 

The  essednm  was  adopted  fer  purposes  of  con- 
venience and  luxury  among  the  Romans.  (Proper! 
ii  1.  76  ;  Cic  ad  AU.  yi,  1  ;  Ovid.  Awi,  ii  IS, 
49.)  Cicero  {Phil  ii  24)  mentions  the  use  of  it 
on  one  occasion  by  the  tribime  of  the  people  as  s 
piece  of  extravagance  ;  but  in  the  time  of  Senecs, 
it  seems  to  have  been  much  mom  common ;  for 
he  {EpUt.  57)  reckons  the  sound  of  the  **  esiedae 
transcurrentes  ^  among  those  noises  which  did  not 
distract  him.  As  used  by  the  Romans,  the  esse- 
dum may  have  differed  firom  the  cisiura  in  this ; 
that  the  cisium  was  drawn  by  one  horse  (see  wood- 
cut, p.  288),  the  essedum  always  by  a  pair.  The 
essedum,  like  the  cisium,  appears  to  have  been 
kept  for  hire  at  the  post-houses  or  stations  {Sdo- 
nam  qmnto  etaedo  mdM»^  Martx.  104.)  [Mansio.] 
The  essedum  must  have  been  similar  to  the  Covi- 
NU8,  except  that  the  latter  had  a  cover.  [J.  T.J 
ESSEDA'RII.  [Essbda.] 
EVI'CTIO.  If  the  purchaser  of  a  thmg  was 
deprived  of  it  by  a  third  person  by  Ifgal  procta 
(ee/oteO,  the  seller  was  bound  to  make  good  the 
loss  (fimetUmem  praatarey.  If  the  seller  knew 
that  he  was  selling  what  was  not  his  own,  this 
was  a  case  of  dolus,  and  he  was  bound  in  case  of 
eviction  to  make  good  to  the  purchaser  all  loss  sod 
damage  that  he  sustained.  If  there  was  no  dolus 
on  the  port  of  the  seller,  he  waa  simply  bound  to 
make  good  to  the  purchaser  the  value  of  the  thing 
at  the  time  of  eviction.  It  was  necessary  fer  the 
purchaser  to  neglect  no  proper  means  of  defence, 
when  an  attempt  was  made  to  evict  him ;  and  it 
was  his  duty  to  give  the  seller  notice  of  the  ad- 


EUMOLPIDAB. 


iw  dum  (Slim  dtmameian\  and  lo  pny  kk  aid 
ID  defeoce  of  the  action.  The  adpulatio  doplae 
vu  anal  aaong  the  Romaai ;  and,  in  soch  caae, 
if  tbe  poithaHr  was  ericted  from  the  whole  thing, 
he  wigjbt  by  lirtne  of  his  agreement  demand  from 
tke  teOcr  doaUe  its  TBlae;  (Dig.  21.  tit.  2,  De 
erietuoiboi  et  daplae  atipolatione ;  Mackeldej, 
Ldai»ek,  &&,  §  370,  12th  ed.)  [O.  L.] 

EU^O^LPIDAE  (cd/«oXriSa<),  the  moot  dia- 
tD^dihed  and  TcneraUe  among  the  priettl j  fami- 
lies in  Attica.  They  were  deroted  to  the  lerTioe 
gf  Demeter  at  Athena  and  Eleosia,  and  were  taid 
u  be  the  deaeendants  of  the  Thncian  bard  Eamol> 
pi,  who,  aoeording  to  acme  legends,  had  intro- 
liacvd  the  Elfuiinian  myateriea  into  Attica.  (Diod. 
Sic  I  '29;  Apollod.  iit  15.  §  4 ;  Demoath.  e.  Neatr. 
p.] 384.)  The  high  priest  of  the  Eleosmian 
piim  (kpofdrrvs  or  /ufararytry6s)^  who  con- 
ds£ted  the  cdebntioa  of  her  royBteriesand  the  in- 
hiatian  of  the  mystae,  was  always  a  member  of  the 
family  of  the  Eomolpidae,  as  Eomolpos  himself  was 
b^Tcd  to  hsTe  been  the  first  hieiophanL  (Hesych. 
M.9,  Ivfu^mUu:  Tacit.  Hiat,  ir.  83 ;  AmoL, t.  25; 
OeaaaAkx.FntnpL'p.ie^SLc)  Inhisextemal 
appdHaaes  the  hierophant  was  distinguished  by  a 
peoliar  cat  of  his  hair,  a  kind  of  diadem  {<rrp6- 
9«»},aod  a  long  purple  robe.  (Arrian.  ta  E^piket, 
m.  21 ;  PliiL  Alib.  22.)  In  his  roice  he  seems 
livsTB  to  hare  aflected  a  lolenui  tone  soited  to 
tbe  saaed  character  of  hia  office,  which  he  held  for 
life,  sad  which  obliged  him  to  remain  mmmrried. 
rPaiuL  ii.  14.  S  1.)  The  hierophant  was  attended 
by  Urn  imp/Aifrai,  one  of  whom  likewise  belonged 
to  the  &Bi3j  of  the  Eomolpidaei  (Harpociat  and 
Saidss, «.  V.  "Ein/tcXiiTfld  tAv  fUftmipUn^.)  Other 
ffiembos  of  their  fiunDy  do  not  seem  to  have  had 
any  poitiedar  fimctions  at  the  Eleosinia,  though 
^y  andouhtedly  took  part  in  the  great  procession 
to  Qauia  The  Enmolpidae  had  on  certain  occa- 
B<ai  to  offer  ap  prayers  for  the  welfare  of  the 
state,  and  m  caae  of  neglect  they  might  be  taken 
to  accnmt  and  punished  ;  for  they  were,  like  all 
other  prioto  and  magistrates,  responsible  for  their 
oGodoct,  snd  for  the  sacred  tieasnres  entrusted  to 
t^  care.    (Aeachin.  e.  Olea^  p,  56,  Steph. ; 

OOpaR  EUTHYNX.) 

Tb  Emnolpidae  had  also  judicial  power  in  cases 

viiere  religion  was  Tiolated  (ir«pl  eurtitlaSf  De- 

««th.  e.  AndraL  pw  601).     This  power  probably 

t^dooged  to  this  family  fiom  the  eariiest  times,  and 

Stdiffl  as  well  as  Pericles  do  not  seem  to  have  made 

uj  altentkni  in  this  respect.     Whether  this  re- 

^9^B»  cooit  scted  mdependent  of  the  arehon  king, 

or  Buder  his  guidance,  is  uncertain.    The  law 

actuding  to  which  they  pronounced  their  sentence, 

nd  of  which  they  had  the  ezdusive  possession, 

VIS  not  written,  but  handed  down  by  tradition  ; 

ttd  the  Esmolpidae  abne  had  the  right  to  inter- 

pRt  it,  whence  they  are  sometimes  called  ifmyfnfd. 

[ExBQiTAi.]    In  cases  for  which  the  hw  had 

laade  no  provisions,  they  acted  according  to  their 

vn  djscretion.     (Lysias,  &  AwioaUL  p.  204  { 

Aododd.  Ih  Mjf^  p.  57.)    Respecting  the  mode 

«f  proeecdhig  in  these  religious  courts  nothing  is 

Qovn.  (Heffter,iid0».G;8nciUmr/:p.4O5,&c.; 

Plataer,  Pmess,  ii  p.  147,  &c^)     In  some  cases, 

^^  a  peiaon  was  eonvictiBd  of  grass  Tiolation  of 

tiie  jaVAic  institutions  of  his  countiy,  the  people, 

nmdes  sending  the  offender  into  exile,  added  a 

«aaie  in  their  verdict  that  a  curse  should  be  pro- 

>"ntt&  ipm  him  by  the  Eumolpidae.     (Phit 


AUA,  22 


EUPATRIDAE.  477 

Con.   Nep.  AlA  4,  5.)     But  the 


Eumolpidae  could  pronounce  such  a  curse  only  at 
the  command  of  the  people,  and  might  afterwards 
be  compelled  by  the  people  to  revoke  it  and  purify 
the  penon  whom  they  luid  cursed  before.  (Plut. 
AUA.  33  ;  Cora.  Nep.  AUA.  6.  5.)         [L.  S.] 

EVOCA'TI,  were  soldiers  in  the  Roman  army, 
who  had  served  out  their  time  and  obtained  their 
discharge  (anssib),  but  had  voluntarily  enlisted 
again  at  the  invitation  of  the  consul  or  other  com* 
mander.  (I>ion  Cass.  zlv.  12.)  There  appears 
always  to  have  been  a  considerable  number  of 
evocati  in  every  army  of  importance  ;  and  when 
the  general  was  a  favourite  amon^  the  soldiers,  the 
niuiber  of  veterans  who  joined  his  standard  would 
of  course  be  increased.  The  evocati  were,  doubu 
less,  released,  like  the  vexiUarii,  from  the  common 
militaiy  duties  of  fortifying  the  camp,  making 
roads,  &&  (Tacit  Amu,  L  36X  and  held  a  higher 
rank  in  the  army  than  the  common  le^onary 
soldiers.  They  are  sometimes  spoken  of  m  con- 
junction with  the  eqnites  Romani  (Caea.  B4L  OalL 
vii.  65),  and  sometimes  classed  with  the  eenturions. 
(Caes.  BelL  Ch.  i.  1 7.)  They  appear  to  have  been 
frequently  promoted  to  the  rank  of  centurions. 
Thus  Pompey  induced  a  great  many  of  the  veterans, 
who  had  served  under  him  hi  former  years,  to  join 
his  standard  at  the  breaking  out  of  the  civil  war, 
by  the  promise  of  rewards  and  the  command  of 
centuries  {ordmuwn^  Caes.  BdL  Oh.  L  3).  All  the 
evocati  could  not,  however,  have  held  the  rank  of 
centurionsi  as  we  read  of  two  thousand  im  one 
occasion  {lb,  iii.  88),  and  of  their  belonging  to 
certain  cohorts  in  the  army.  Cicero  {ad  Fam, 
iii.  6.  §  5)  speaks  of  a  Prae/sehu  evooaiorum, 
(See  Cic.  ad  Fanu  xv.  4.  §  3  ;  Caes.  BelL  Civ,  iii 
91  ;  Suet.  Aug.  56  ;  Lipsius, /)«  il/tZtt.  Bam,  i.  8.) 

The  name  of  evocati  was  also  given  to  a  select 
body  of  young  men  of  the  equestrian  order,  who 
were  appointed  by  Domitian  to  guard  his  bed- 
chamber. (Suet  Dom,  10.)  This  body  is  sup- 
posed by  some  writers  to  have  existed  imder  the 
succeeding  emperors,  and  to  have  been  the  same 
as  those  who  are  called  ^oooaA'^i^M^  (Hyginus, 
de  Urn.  p.  209  ;  Orelli,  Iiuerip.  No.  3495,  153.) 

EUPATRIDAE  (c^orpfSoi),  ue,  descended 
from  noble  ancestors,  is  the  name  by  which  in  early 
times  the  nobility  of  Attica  was  designated.  Who 
the  Eupatridae  originally  were  has  been  the  sub- 
ject of  much  dispute  ;  but  the  opinion  now  abnost 
universally  adopted  is,  that  they  were  the  noble 
Ionic  or  Hellenic  families  who  at  the  time  of  the 
Ionian  migration  settled  in  Attica,  and  there  exer- 
cised the  power  and  influence  of  an  aristocracy  of 
warriors  and  conquerors,  possessing  the  best  parts 
of  the  land,  and  commanding  the  services  of  a 
numerous  dass  of  dependents.  (Thirl wall,  Hiai.  of 
&fvaa«,volLp.ll5,&c ;  Wachsmuth,vol.  Lp.361, 
&&,  2d  ed.)  The  chiefs  who  are  mentioned  as 
kings  of  the  several  Attic  towns,  before  the  organi- 
sation of  the  countiy  ascribed  to  Theseus,  belonged 
to  the  highest  or  ruling  class  of  the  Eupatridae  ; 
and  when  Theseus  made  Athens  the  seat  of  go- 
vernment for  the  whole  country,  it  must  have  been 
chiefly  these  nobles  of  the  highest  rank,  that  left 
their  former  residences  and  migrated  to  Athens, 
where,  after  Theseus  had  given  up  his  royal  pre- 
rogatives and  dirided  them  among  the  nobles,  tney 
occupied  a  station  similar  to  that  which  they  had 
previously  held  in  their  several  districts  of  Attica. 
Other  Eupatridae,  however,  who  either  were  not 


478 


EUTHYNE. 


of  the  highest  rank,  or  were  less  dcsiroas  to  exer- 
cise any  direct  influence  upon  the  government, 
remained  in  their  former  places  of  residence. 
(Thirl walU  '▼oL  iL  p.  8.)  In  the  division  of  the 
inhabitants  of  Attica  into  three  dasses,  which  is 
ascribed  to  Theseus,  the  Eupatridae  were  the  firrt 
class  (Plut  Thea,  25 ),  and  thus  formed  a  compact 
order  of  nobles,  united  by  their  interests,  rights, 
and  privileges.  The  first,  or  at  least  the  most 
ambitious  among  them,  undoubtedly  resided^  at 
Athens,  where  they  enjoyed  nearly  the  same  pnvi. 
l^es  as  they  had  before  the  union  in  the  separate 
townships  of  Attica.  They  were  in  the  exclusive 
possession  of  all  the  civil  and  religions  offices  in 
the  state,  regulated  the  af&irs  of  religion,  and  in- 
terpreted the  laws  human  and  divine.  (MUller, 
Dor,  ii.  2.  §  15.)  The  king  was  thus  only  the 
first  among  his  equals,  being  distinguished  from 
them  only  by  the  duration  of  his  office  (SchSmann, 
Da  Comit,  p.  4,  transl.)  ;  and  the  four  kmgs  of  the 
phylae  (^vAoffcuriXctf),  who  were  chosen  from  the 
Eupatridae,  were  more  his  colleagues  than  his 
counsellors.  (Pollux,  viiL  1 1 1.)  The  kingly  power 
was  in  a  state  of  great  weakness  ;  and,  while  the 
overbearing  influence  of  the  nobles,  on  the  one 
hand,  naturally  tended  gradu^ly  to  abolish  it 
altogether,  and  to  establish  a  purely  aristocratical 
government  in  its  stead  (Heimann,  Pol.  AnL  of 
Greeee,  §  102),  it  produced,  on  the  other  hand, 
ei!ects  which  threatened  its  own  existence,  and  at 
last  led  to  the  entire  overthrow  of  the  hereditary 
aristocracy  as  an  order:  for  the  commonalty, 
which  had  likewise  gained  in  strength  by  the 
union  of  all  the  Attic  townships,  soon  began  to 
feel  the  oppression  of  the  aristocracy,  which  in 
Attica  produced  nearly  the  same  effects  as  that  of 
the  patricians  at  Rome.  The  legisUtion  of  Draco 
seems  to  have  arista  out  of  the  growing  discontent 
of  the  commonalty  with  the  oppressive  rule  of  the 
nobles  (Thiriwall,  vol  ii.  p.  18,  &c)  ;  but  his  at- 
tempts to  remedy  the  evil  were  more  calculated  to 
intimidate  the  people  than  to  satisfy  them,  and 
could  consequently  not  have  any  lasting  results. 
The  disturbances  which,  some  years  alter,  arose 
from  the  attempt  of  Cylon,  one  of  the  Eupatridae, 
who  tried  to  overthrow  the  aristocratical  govern- 
ment and  establish  himself  as  tyrant,  at  length  led 
to  the  legislation  of  Solon,  by  which  the  political 
power  and  influence  of  the  Eupatridae  as  an  order 
was  broken,  and  property  instead  of  birth  was 
made  the  standard  of  political  rights.  (Aristot 
Polii.  il  9 ;  Dionys.  Hal.  Ant  Rom,  ii.  8 ;  Aelian, 
F.  ff,  y.  13.)  But  as  Solon,  like  all  ancient 
legislators,  libstained  from  abolishing  any  of  the 
religious  institutions,  those  fiunilies  of  the  Enpa- 
tri(Ue  in  which  certain  priestly  offices  and  frinc- 
tions  were  hereditary,  retained  these  distinctions 
down  to  a  very  late  period  of  Grecian  history. 
(0)mpare  Schdmann,  Jntiq,  Jwr,  pubL  Orase,  p. 
167,  &c,  and  p.  77,  &c.)  [L.  S.] 

EURI'PUS.     [Ampuithbatrum,  p.  88,  b.] 

EUSTYLOS.     [Templum.] 

EUTHY'NE  and  EUTHY'NI  (fW^n?, 
wHewoi),  AH  public  officers  at  Athens,  espe- 
cially generals,  ambassadors,  the  archons  and  their 
assessors,  the  diaetetae,  priests  and  priestesses 
(Aeschin.  o.  Ctedph,  p.  56.  Stepbt),  the  secretaries 
of  the  state  (Lysias,  e.  Ntoomaeh.),  the  superin- 
tendents of  public  buildings,  the  trierarchs,  and 
even  the  senate  of  the  Five  Hundred  and  the 
Bomben  of  the  Areiopagus,  were  accountable  for 


EUTHYNE. 

their  conduct  and  the  manner  in  which  ihtj  ae-i 
quitted  themselves  of  their  official  dutica.  'The 
judges  in  the  popular  courts  seem  to  have  bf^n 
the  only  authorities  who  were  not  lesponaible 
(Aristoph.    Ve$p.  546.;    HudtwaldEcr,    Vom  d^ 
Diaetet.  p.  32)  ;  for  they  were  themselves  the  n»> 
presentatives  of  the  people,  and  would  ihenfan^ 
in  theory,  have  been  responiiUe  to  tbemael\4^ 
This  account,  which  officers  had  to  give  after  the 
time  of  their  office  was  over,  was  called  eMwn? : 
and  the  officers  subject  to  it,  drcv^Mm.     Ererr 
public  officer  had  to  render  his  aoeonnt  witl.:3 
thirty  days  after   the    expiration  of   his   office 
(Harpocrat  Phot  and  Snid.  $,  v.  Aoytrral  Kvi 
EMvyoi) ;  and  as  lonff  as  this  duty  was  not  frilfilki, 
the  whole  property  of  the  ex-officer  was  in  booda^*' 
to  the  state  (Aeschin.  e.  CUnpL  p.  56.  Stpph.) : 
he  was  not  allowed  to  travel  beyoiid  the  frDoti<T» 
of  Attica,  to  consecrate  any  part  of  his  pfopertv  as 
a  donarium  to  the  gods,  to  make  his  will,  or  to 
pass  from  one  fiunily  into  another  by  adoption  ; 
no  public  honours  or  rewards,  and  no  new  ofice 
could  be  given  to  him.    (Aeschin.  and  DeraostL 
De  Oorm,  and  e.  Thn,  p.  747.)     If  within  the  stated 
period  an  officer  did  not  send  in  his  acooont,  an 
action,  called  iXoyiott  or  ii\oyias  5i«iy,  was  bnrasht 
against  him.  (Pollux,  viil  54 ;  Hesych.  Suid.  Etric 
Mag.  9,  V.  *AXx>yiov  fttici).)     At  the  time  whra 
an  officer  submitted  to  the  ^dtf^,  any  citiien  had 
the  right  to  come  forward  and  impeach  him.    Thow 
who,  after  having  refused  to  submit  to  the  cMon;, 
also  disobeyed  the  summons  to  defend  themselvn 
before  a  court  of  justice,  thereby  forfeited  their 
rights  as  citizens.    (Demosth.  c  Mid.  p.  542.) 

It  will  appear  from  the  list  of  officers  subject  to 
the  euthyne,  that  it  was  not  confined  to  those 
whose  office  was  connected  with  the  administratiMi 
of  the  public  money,  or  any  part  of  it ;  but  in  manv 
cases  it  was  only  an  inquiry  into  the  manner  in 
which  a  person  had  behaved  himsdf  in  the  du- 
chaige  of  his  official  duties.  In  the  former  caw 
the  scrutiny  was  conducted  with  great  strictness, 
as  the  state  had  various  means  to  check  and  con- 
trol the  proceedings  of  its  officers  ;  in  the  latter, 
the  enthyne  may  in  many  instances  have  been  no 
more  than  a  personal  attendance  of  the  ex-offirer 
before  the  representatives  of  the  people,  to  see 
whether  any  chaige  was  brought  against  him. 
When  no  accuser  appeared,  the  officer  was  honour- 
ably dismissed  (cvuni/uJrfo^ai,  Demosth.  Ik 
Coron,  p.  8 1 0).  After  an  officer  had  gone  through  the 
euthyne,  he  became  hantBuvot,     (Pollux,  viii  54.) 

The  officers  before  whom  the  accounts  were 
given  were  in  some  places  called  cMupm  or  X«>itf- 
Ta(,  in  others  ^(ctootoc  or  wi^^fyopoi.  (Aristot 
FoUL  vi  5.  p.  218,  ed.  Ooettling.)  At  Athens  vc 
•meet  with  the  first  two  of  these  names,  and  both 
are  mostly  mentioned  together  ;  but  how  &r  their 
fimctions  differed  is  veiy  oncertain.  Some  gnun- 
marians  (Etymd.  Magn.  and  PhoL  s.  9.  EMvrw) 
state  that  Xoyiarti  was  the  name  of  the  same  offi- 
cers who  were  formerly  called  cMvpm.  Bat  firan 
the  manner  in  which  the  Greek  oratoit  sp^-ak  of 
them,  it  can  scarcely  be  doubted  that  their  fimc- 
tions were  distinct  From  the  authorities  rrfcmd 
to  by  BSckh  {PM.  Beam,  p.  190,  a&  2d  ed. 
compare  the  Rhtin,  Mu»,  18^7,  vd.  i.  p.  72,  ftc\ 
it  seems,  moreover,  clear  that  the  office  of  the 
AoyioToi,  though  closely  connected  with  that  of 
the  (ffOvroi,  was  of  greater  extent  than  that  cf 
the  latter^  who  ^pear  rather  to  have  been  the 


EXAIBESS08  DIKE. 

mBetsea  of  the  fonBef,tban  a  totally  dktmct  dan 

of  cfioen,  as  wai  be  seen  hereafter.     All  acoonntB 

fif  t&oae  offioen  wIm  bad  anything  to  do  wiih  the 

piblk  Bofltej  mn^  after  the  expiration  of  their 

cfioe,  fint  aent  is  to  the  Xoyiffro^  who  exunined 

them,  and  if  any  difficulty  or  ineorrectneM  was  dis- 

ccrend,  or  if  cbaiges  were  bcooght  againit  an  ez- 

viBcer  within  the  period  of  30  days,  the  farther  in> 

•{liiiT  derolved  apoo  the  cMuroi,  before  whom  the 

a£oer  vaa  oUigcd  to  appear  and  plead  his  caiue. 

( H^mann,  Fdik  Amtiq,  of  Gneee^  §  154.  8.)     If 

the  t^rnt  iamad  that  the  aeeoimts  were'imsatis- 

r'ai-t-^T,  that  the  officer  had  embenled  part  of  the 

i^^i4x  numer,  that  be  had  accepted  bribes,  or  that 

r'r^rgm  bnm^t  against  him   were  well  foonded, 

*-^x  referred  the  case  to  a  court  of  justice,  for 

hicb  the  K&ytfTol  appointed  the  judges  by  lot, 

v-ii  in  this  cooit  their  herald  prodaim^  the  ques- 

i  «  vbo  vonid  oome  forward  as  accuser.  (Aeschtn. 

-.  ftea^  PL  57,  ed.  Steph. ;  Etymd.  Magn.  si  o. 

I'^^i^ ;  DdEker,  AaeedoL  p.  245.  6.)     The  pbice 

1  v?re  die  court  was  held  was  the  same  as  tint  to 

*y«h  ex-officers  sent  their  aecounts  to  be  examined 

f'T  :he  AsTirroi,  and   was  called  XeytffHipiw. 

(  K^ocxd.   De  Mytt.  p.  37  ;  Lys.  e.  PotystraL  p. 

^I'lS}    It  can  scarcely  be  doubted  that  the  cMwvi 

:».k  an  aedve  part  in  the  trials  of  the  A<ryi(rH^ 

9M9\  bat  whether  they  acted  only  as  the  asses- 

» •»  of  the  Xaytaroi^  or  whether  they,  as  Pollux 

»ute«,  exacted  the  embezzled  sums  and  fines,  in- 

^t»«l  of  the  prectores,  is  uncertain.     The  number 

cf  the  cMvoi,  as  wdl  as  that  of  the  Aoyioral,  was 

\rx,  one  being  taken  from  erery  tribe.    (Phot,  t, «. 

ES^Bws.  and  Harpocrat.  «.  o.  hay  tar  oL)     The 

\Tfyrrai  were  appointed  by  the  senate,  and  chosen 

'T  1  It ;  whether  the  HiOvrot  were  likewise  chosen 

^T  lot  is  nncertain,  for  Photios  uses  an  expression 

dmred  from  icXifpos  (lot),  while  Pollux  (viii  99) 

states  that  the   fSOwoi  vpoaaipovrrai^  sciL  rois 

KKyanis^  according  to  which  they  were  like  the  as- 

stMon  of  the  archons;  the  latter  account,  howcTer, 

S'^con  to  be  more  consistent  and  more  probable. 

EvefT  cMiivD5  had  two  assessors  (irdp«9poi).  (See 

Bdckb,  PwU.  Earn.  Le.;  Titmann,  Griech.  StaaUv, 

p  323,  &c ;  Hermann,  PoUL  Antiq.  o/Cfreeee^  §  154 ; 

ixboDiann,  Atdiq.  Jwr.  jmbL  Graee.  p.  239,  &c.) 

Tbe  fiist  traces  of  this  truly  democratic  insdta- 
tioa  are  generally  found  in  the  establishment  of 
liu  arebaoship  (^x^  iimwi^uvos)  instead  of  the 
king) J  power,  by  the  Attic  nobles  (Pans.  vr.  5.  4). 
U  vai  from  this  state  of  dependence  of  the  fint 
ma^istiates  upon  the  order  of  the  nobles  that,  in 
tW  come  of  time,  the  regular  euthyne  arose.  Simi> 
lar  institutions  were  established  in  several  other 
rqmbUcs  of  Greece.  (ArisL  PolU,  vL  5  ;  Wachs- 
mh,  HeOm  Aitertk  i.  p.  419,  &c  2d.  ed.)  [L.S.] 
EXAGO'GES  DIKE'  (^{a7«r^r  3Ui|),  a  suit 
of  a  public  natore,  which  might  be  instituted 
^iost  one,  who,  assnming  to  act  as  the  protector 
(cvffof)  of  an  Athenian  woman,  married  her  to  a 
fiortigner  in  a  foreign  land.  This  was  contrary  to 
^v,  intennarriage  with  aliens  being  (as  a  general 
rale)  prohibited.  In  the  speech  of  Demosthenes 
a^tnst  Timoerates  (pu  763),  he  is  charged  with 
laring  fold  his  sister  to  a  Corcyrean,  on  pretence 
of  giring  her  in  marriage.  (Meier,  AU.  Ptoe. 
f350.)  [C.R.K.] 

EXAlRE'SEOSDIK£'(^^a(p^<rc»r  Si'wn),  was 
an  action  brought  to  recover  damages  for  the  at- 
tnopt  to  deprive  the  plaintiff  of  his  sJave ;  not 
v]»e  the  defiendant  churned  a  property  in  the 


EXAUOURATIO. 


47» 


dare,  hot  where  he  awcrted  him  to  be  a  freeman. 
As  the  condition  of  slaTery  at  Athens  incapacitated 
a  man  to  take  any  legal  step  in  his  own  penon,  if 
a  reputed  sUtve  wished  to  recover  his  rights  as  a 
freeman,  he  could  only  do  it  by  the  assistance  of 
one  who  was  himself  a  freeman.  He  then  pat 
himsdf  under  the  protection  of  such  a  person,  who 
was  said  ^laipcio^  or  tn^atptioifmt  oMm  mIs  i\€v- 
0€pituf^  ta  iiberiatem  vmdiean.  If  the  master 
sought  to  reclaim  him,  he  proceeded  to  take  manual 
possession,  try^a^  nbriif  mIs  SovXsfoy.  A  runaway 
skve  might  at  any  tame  be  seized  by  his  master, 
either  in  the  open  street  or  elsewhere,  except  in  a 
sanctuary.  If  the  friend  or  perwn  who  harboured 
the  slave  meant  to  contest  toe  master"*  right,  tbe 
proper  eonrae  was  to  go  with  him  before  the  ma- 
gistrate, and  give  security  for  the  value  of  the  sbtve 
and  eo^  in  case  a  court  of  law  should  decide 
against  him.  The  magistrate  who  took  cognisance 
of  the  cause  was  the  archon,  whcie  a  man  daimed 
to  be  a  citizen  ;  the  polenuuch,  where  he  claimed 
to  be  an  alien  freeman.  It  was  the  duty  of  the 
archon  or  polemarch  to  set  the  man  at  liberty 
pmdemte  lite.  In  the  suit  that  followed,  the  plaintiff 
had  to  prove  his  title  to  the  ownership  of  the 
slave,  and,  if  successful,  obtained  such  compensa- 
tion as  the  jury  chose  to  award ;  this  being  a 
Tifurrhs  iyiu^j  and  half  of  the  rlfiiifuL  being  given 
to  the  state.  (D«n.  &  Tkeoer.  p.  1328.)  A  verdict 
for  the  plamtiff  drew  with  it»  as  a  necessary  con- 
sequence, the  adjudication  of  the  ownenhip,  and 
he  would  be  entitled  to  take  possession  of  Ms 
slave  immediately:  if,  however,  the  slave  had 
escaped  in  the  meantime,  and  evidence  of  such 
foct  wen  produced,  the  jury  would  probably  take 
that  into  consideration  in  estimating  the  damage.^ 

If  the  friend,  in  resisting  the  capture  of  tbe 
slave,  had  used  actual  violence,  he  was  subject  to 
a  dlmi  Pioiwt^,  And  if  the  mn-duarU  master  bad 
foiled  in  the  ^|.  3i«i|,  the  injured  party  might 
maintain  an  action  against  him  for  the  attempted 
seizure.  (Lys.  e.  PamcL  p.  734,  &c.,  with  Reiske*s 
note ;  Dem.  o.  ^eoer.  p.  1358 ;  Harpoer.  «.  v. 
*£{oi^(rcMS,  and'Ayci ;  MtioT,  AtL  Proo.  p.  394.) 

In  a  speech  of  Isocrates  (TVopex.  p.  361),  the 
defendant,  a  banker,  from  whom  it  is  sought  to  re- 
cover a  deposit,  is  chaiged  with  having  asserted 
the  freedom  of  his  own  slave,  in  order  to  prevent 
his  being  examined  by  torture  respecting  the  sum 
of  numey  deposited  in  his  hands.  This  is  remark- 
able on  two  accounts :  first  (as  Meier  observes), 
because  it  seems  to  prove  that  one  not  the  owner 
of  the  slave  could  bring  the  i^.  3f ki?,  if  he  had  an 
interest  in  the  matter ;  secondly,  because  it  was  . 
optional  with  a  man  to  give  up  his  slave  to  the 
trarture  or  not,  the  refusal  being  only  matter  of  ob- 
servation to  the  jury  ;  and,  Uiereforc,  it  appean 
strange  that  any  one  should  have  recourse  to  a 
measure,  the  result  of  which  (if  successful)  would 
be,  to  deprive  him  of  his  property.      [C.  BL  K.] 

EXAUCTORA'TIO.    [ExERcrrus.] 

EXAUGURATIO  is  the  act  of  changing  a 
sacred  thing  into  a  profone  one,  or  of  takmg  away 
fix>m  it  the  sacred  character  which  it  had  received 
by  inanguratio,  conseciatio,  or  dcdicatio.  That 
such  an  act  vras  performed  by  the  augurs,  and 
never  without  consulting  the  pleasure  of  the  gods 
by  augnrium,  is  implied  in  the  name  itself.  (Liv. 
L  55,  V.  54  ;  Dionys.  HaL  Aniiq.  Runt,  iii.  p.  202, 
ed.  Sylbuig  ;  Cato.  ap.  Fed.  «.  v.  NfquUium.) 
Tem^es,  elutpels,  and  other  conseciated  places,  ai 


480 


EXEQETAE. 


well  as  priesta,  were  oonaidered  as  belonging  to  the 
gods.  No  consecrated  place  wliateTer  could  be 
applied  for  any  profane  purpose,  or  dedicated  to 
any  other  diTinity  than  that  to  which  it  originally 
belonged,  without  being  previously  exangurated  ; 
and  priests  could  not  give  up  their  sacred  func- 
tions, or  (in  case  they  were  obliged  to  live  in  celi- 
bacy) enter  into  matrimony,  without  first  under- 
going the  process  of  ezangorotio.  (Oellius,  yl  7. 
4  ;  Jul  Capitol.  M,  Anion,  FhUot.  c.  4.)     [L.  &] 

EXCE'PTIO.     [Actio.] 

EXCU'BIAE.    [CA8TRi,p.a50.] 

EXCUBITO'RES,  which  properlymeans  watch- 
men or  sentinels  of  any  kind  (Caes.  BelL  OaU.  vii. 
69),  was  the  name  more  particuUrly  siven  to  the 
soldiers  of  the  cohort  who  guarded  the  palace  of 
the  Roman  emperor.  (Suet  Net.  8,  (Mh.  6.) 
Their  commanding  officer  was  called  Ir&umu  eae- 
cnbUor,  (Suet  CUuid,  42,  N«r,  9.)  When  the 
emperor  went  to  an  entertainment  at  the  house  of 
another  person,  the  ezcubitores  appear  to  have  ac- 
companied him,  and  to  have  kept  guard  as  in  his 
own  palace.  (Suet  Oth,  4.) 

EXEORA  (^(^Sfw),  which  pronetly  signifies  a 
seat  out  of  doors,  came  to  be  used  for  a  chamber 
furnished  with  seats,  and  opening  into  a  portico, 
where  people  met  to  enjoy  conversation  ;  such  as 
the  room  which  Vitruvius  describes  as  opening  on 
to  the  peristyle  of  the  gyna/KoniU*  of  a  Greek  house 
[Ooif  us],  and  as  the  rooms  attached  to  a  gymna- 
sium, which  were  used  for  the  lectures  and  dis- 
putations of  the  rhetoricians  and  philosophers. 
[Gymnasium.]  The  former  class  of  exedrae 
Vitruvius  indeed  calls  by  another  name,  namely 
TdpaffrAs  or  vocrrib,  but  the  word  i^^pa  occurs 
in  Euripides  {OruL  1449)  in  this  sense,  and 
Pollux  mentions  the  words  4^49pat  and  voffrdScf 
as  synonymous  (viL  122).  In  this  sense  the  word 
might  be  transUited  parimr. 

In  old  Greek  the  word  A^<rxt}  appears  to  have 
had  a  similar  meaning  ;  but  the  ordinary  use  of 
the  word  is  for  a  larger  and  more  public  place  of 
resort  than  the  i^^pa.    [Lbschb.] 

Among  the  Romans  the  word  had  a  wider 
meaning,  answering  to  both  the  Greek  terms,  i^iipa 
and  X^oxn*  Thus  it  is  not  only  used  to  signify  a 
chamber  for  ordinary  resort  and  conversation  in  a 
privato  house,  or  in  the  public  baths  and  gymnasia 
open  to  the  sun  and  air,  (Vitruv.  v.  11  ;  vii.  9 ; 
Cic.  Orat.  iiL  5,  De  Nat.  Dear,  i.  6  ;  Varro,  R,  R. 
iii.  5 ;  Ulpian,  Dig,  iz.  tit  S,  leg.  5)  ;  but  the 
word  is  even  applied  to  the  hall  attached  to  the 
theatre  of  Pompey,  which  was  used  as  a  place  of 
meeting  by  the  senate.  (Plut  Brut  14,  17). 
The  diminutive  eaiedrium  also  occurs.  (Cic  ad 
Fam.  vii.  23.)  [P.  S,] 

EXEGETAE  (^Itrynrof,  interpreters  ;  on  this 
and  other  meanings  of  the  word  see  Rhunken,  €id 
TitMUfi  OUaaar,  p.  109,  &c.),  is  the  name  of  the 
Eumolpidae,  by  which  they  were  designated  as 
the  interpreters  of  the  Uws  relating  to  religion  and 
of  the  sacred  rites.  (Demosth.  Eusrg.  p.  1160.) 
[EuMOLPiDAB.]  Thev  were  thus  at  AUiens  the 
only  class  of  persons  who,  in  some  measure,  resem- 
bled the  Roman  jurists  ;  but  the  laws,  of  which  the 
Hnvirtd  were  the  mterprcters,  were  not  written 
but  handed  down  by  tradition.  Plutarch  {Tket, 
25)  applies  the  term  to  the  whole  order  of  the 
Eupatridae,  though  properly  speaking  it  belonged 
only  to  certain  members  of  their  order,  t'.  e.  the 
Eumolpidae.    The  Etymoltigicnm  lAnga,  («. «.),  in 


EXERCITORIA  ACTIO. 

aooordanoe  with  the  etymological  meaniii^  of  tl 
word,  states,  that  it  was  applied  to  any  interpr^ 
of  laws,  whether  sacred  or  profiue  ;  bat  we  kno 
that  at  Athens  the  name  was  princtpallj  applied  t 
three  members  of  the  Bunily  of  ue  Eomolpida 
(Suidas,  s.  «.),  whose  province  it  was  to  inter^ 
the  religious  and  ceremonial  laws,  the  signs  in  xh 
heavens^  and  the  oracles  ;  whence  Cioeto  {£>e  Let, 
iL  27)  adls  them  reUgkmnm  priw/wsies.  (Compare 
Pollux,  viil  124  and  188 ;  Plato,  Ev&ypkr.  p.  4,d. 
They  had  also  to  perform  the  public  and  pri>:3t^ 
expiatory  sacrifices,  and  were  never  appoim^^ 
without  the  sanction  of  the  Delphic  oirnde,  wheoc 
they  were  called  UMxFiiaroi.  (Ttmaeoa,  GUatar. 
9,  V.  *£{irxirra£ :  compare  Meier,  De  Btmu  Damjsat. 
p.  7  ;  MiUler,  ad  AeaefyL  Emmem.  p.  162,  &&) 

The  name  ^irx^r^s  was  also  applied  to  those 
persons  who  stfved  as  guides  (cicerane)  to  the 
visitors  in  the  most  renuukable  towns  and  i^acn 
of  Greece^  who  showed  to  stranger*  the  cnriositirs 
of  a  place,  and  explained  to  them  its  histocy  aod 
antiquities.     (Pons.  L  41.  §  2.) 

Roqiectmg  the  iivyn^*  of  the  laws  of  Lycnr- 
gnsatSparta,seeMUl]er,  Am-.  iilU.  2.    [L.S.] 

EXERCITO'RIA    ACTIO,   was  an    actioo 
granted  by  the  edict  against  the  exerator  navig. 
By  the  term  navis  was  understood  any  vesir], 
whether  used  for  the  navigation  of  rivers  lakes, 
or  the  sea.    The  exereitor  navis  is  the  person  to 
whom  all  the  ship's  gains  and  earnings  (pheniirjan 
ei  redihu)  belong,  whether  he  is  the  owner,  or  ha« 
hired  the  ship  (per  avenkmem)  fimn  the  owner 
for  a  time  definite  or  indefinite.    The  magistei 
navis  is  he  who  has  the  care  and  management  of 
the  ship,  and  was  appointed  (jnuepoeUms)  by  the 
exereitor.    The  exereitor  was  bound  generally  bv 
the  contracts  of  the  magister,  who  was  his  agent. 
but  with  this  limiution,  that  the  contract  of  the 
magister  must  be  with  leferenoe  to  furthering  the 
object  for  which  he  was  appointed ;  as,  for  instance, 
if  he  purchased  things  useful  for  the  nav^tion  d 
the  ship,  or  entered  into  a  eontract  or  incmred 
expense  for  the  ship^  repairs,  the  exeidtor  vu 
bound  by  such  contract :  the  terms  of  the  master's 
appointment  (praqaotUio)  accordingly  determine 
the  rights  of  third  parties  against  the  exeRit<ir. 
If  the  magister,  being  appointed  to  manage  the 
ship  and  to  use  it  for  a  particular  purpose,  used  it 
for  a  different  purpose,  his  employer  was  not  hunid 
by  the  contract     If  there  were  several  magistii, 
without  any  partition  of  their  duties  (aoR  dirisis 
q0!eu$y,  a  contract  with  one  was  the  same  ss  a 
contract  with  all      If  there  were  several  exer- 
citores,  who  appointed  a  magister  either  oat  of 
their  own  number  or  not,  they  were  severallv  an- 
swerable (m  so^am)  for  the  contracts  of  the 
magister.    The  contracting  pHrty  might  have  his 
action  either  against  the  exereitor  or  the  magister, 
so  long  as  the  magister  continued  to  be  such. 

A  party  might  have  an  action  ex  delicto  against 
an  exereitor  in  respect  of  the  act  either  of  the 
magister  or  the  sailors,  but  not  on  the  contnct  of 
the  sailors.  If  the  magister  substituted  a  penoo 
in  his  place,  though  he  was  forbidden  to  do  ao,  the 
exereitor  would  still  be  bound  by  any  proper  ood' 
tract  of  such  person. 

The  term  Nauta  properly  applies  to  sll  penons 
who  are  engaged  in  navisating  a  ship  ;  but  in  the 
Practor*s  Edict  (Dig.  4.  tit  9.  s.  I )  the  term  Naata 
means  Exereitor  (qui  nawm  easereii). 

(Dig.  14.  tit  1  ;  Peckius,  m  Tiii,  Dig.dM 


EXERCITU& 


EXERcnua 


481 


W  Rm  NoMiieam  ptrtiimmtot  OomwumL ;  Abbott 
m  Sluppiv^  Indeac,  Baeraitor  iVoou.)       [O.  U] 

EXE'RCITUS  («rrpcnrtf9),  army.  1.  Orbik. 
Tke  eariicit  Botiws  wbieli  w«  poBsev  of  the  mili- 
tarr  art  amny  tbe  Oraeka  wt  thoK  contained  in 
tk  fiooiaic  poeau.  The  nnaettled  state  of  todetj 
ia  tke  fizat  agee  of  Gneee,  led  to  the  early  and 
^saoal  coitivatiaB  of  the  art  of  anna,  which  were 
lashiaQj  wm  for  defence,  em  when  agmaeire 
nrive  vai  not  intended.  (Thnc.  i  6L)  But  the 
n«acne  poou  eontain  an  eshibitioa  <^  combined 
aiUtirr  opefatJoaa  in  their  eariiest  atage.  War- 
like videitahinga  belbre  the  time  deicribed  in 
tben  C9B  Iiare  been  little  elae  than  predatory 
ianai*  (/SvfA^ioi,  IL  zL  667).  A  collection  of 
vanin  orbiting  leaa  of  oigwauation  and  dia- 
cpfioe  tkaa  we  aee  depicted  in  the  Grecian  treopa 
before  Tny,  wooid  hardly  deaerre  the  name  of  an 
anaj.  The  ctgmiaatinn  wUch  we  aee  thoe,  aoch 
3s  it  vas,  anae,  not  fiom  any  atadied,  foraatiTe 
sfttcB,  Vat  aataraDy,  oat  of  the  impierfect  con- 
ititDtiaa  oC  weiety  in  that  9^  Every  freeitian  in 
tkoM  tinei  waa  of  eoorae  a  aoldier ;  bat  when  all 
the  nmben  of  a  family  were  not  needed  to  go 
span  an  expedition  under  the  command  of  their 
chkAaia  or  king,  thoae  who  were  to  go  aeem  to 
ivt  been  adeeted  by  lot  {IL  x.  418).  Aa  the 
ooofedentted  atatca,  which  are  repreaented  aa 
takia^r  part  in  the  Trojan  war,  are  nnited  by 
■orcefy  any  other  bond  than  their  participation  in 
X  cfviflMn  object,  the  different  bodiea  of  troopa, 
led  bj  their  reapective  cfaieftaina,  are  £fur  fixna 
beJBg  nited  by  a  conmon  diadpline  onder  the 
eanoaBd-m-chief  of  Agamemnon.  Each  body 
e^  iti  own  leader,  and  fdlowa  him  to  the  con- 
vict, «  rrnains  inactive,  according  aa  he  chooaea 
ta  mb^Ie  in  the  fight  or  not  Authority  and 
obediotte  are  regolated  nraeh  more  by  the  nature 
of  tbe  drcomstaneea,  or  by  the  rektive  peraonal 
<}a^netkii  of  the  chieftaina,  than  by  any  law  of 
nSitaiy  diKipIin&  Agamemnon  aometimea  urgea 
tbe  cbidbina  to  engage,  not  by  commanda,  bat  by 
tMBt.  {IL  iv.  5S8,  &C.  368,  Ac).  Aceoidingly, 
cgtbrni  like  the  tactica  or  atrst^  of  a  regnlariy 
<^j>q>bwd  aimy  ia  to  be  traced  in  the  Homeric 
•leKtiptiona  of  battlea.  Each  chieftain  with  hia 
H^  of  troopa  aeU  fior  himael^  without  reference 
to  the  Dovementa  of  tbe  rert,  except  aa  theae 
^oiib  occaiioQ  for  a  vigoroua  attack,  or,  when 
«Fd  ptased,  call  for  aaaiatance  from  the  common 
feding  of  brotherhood  in  anna.  The  wide  interral 
vbicb  in  tbe  Homeric  age  aepaiated  the  noble  or 
cbieAab  from  the  common  freeman,  appeaiv  in  aa 
^ed  a  nanner  in  military,  aa  m  eiTil  affaire. 
The  fonncr  ia  diatingaiahed  by  that  auperior  akill 
ttd  proves  in  the  uae  of  hia  anna,  which  would 
■JteaOy  remit  from  the  conatant  practice  of  war- 
^e  ezerriaea,  for  which  hia  atation  gaye  him  the 
Kmtt  and  the  meana.  A  aingle  hero  ia  able  to 
pot  to  iBgbt  a  whole  troop  of  common  aoldiera 
J«*Hnnt  of  a  battle  conaiata  abnoat  entirely  of 
Jooil^  of  the  vD^e  combaU  of  the  ehiefr  on 
~'  I ;  and  the  fortune  of  the  day,  when  not 


bothi 


ponied  W  tbe  mtenrention  of  the  goda,  ia  de- 
^  >>7  Uie  indiTidual  talonr  of  theae  heroea. 
**mle  tbe  maia  of  the  common  aoldiera  were  on 
K«t,  the  ebiefr  rode  in  chaiiota  [Cuaaus],  which 
J^y  coolMied  two,  one  to  drire  and  one  to 
^,  In  theae  they  adTanced  againat  the  an- 
Jjjjyta  whom  they  amg^ed  oat  for  encounter, 
""■«toei  halting  their  ^eazs  from  their  chariota^ 


bnt  more  commonly  alighting,  aa  they  drew  near, 
and  fighting  on  foot,  making  uae  of  the  chariot  for 
poiBUit  or  flight  The  Greeka  did  not,  like  the 
ancient  Britona  and  acTeral  nationa  of  the  Eaat, 
nae  the  chariot  itaelf  aa  aa  inatroment  of  warfiu«. 
Cavalry  waa  unknown  at  that  time  to  the  Oreeka, 
and  horaemanahip  bat  yery  rarply  practiaed  ;  the 
fanrifcr  of  Homer  are  the  chiefbuna  who  ride  in 
chariota.  Theae  chiefa  are  drawn  up  in  the  front 
of  the  battle  amy  {II  iv.  297,  vp6fuixoh  'rpofid- 
X«<r0a«)  ;  and  freqnendy  the  foot  B<rfdien  aeem  to 
have  done  nothing  but  watch  the  aingle  combata 
of  their  leadcra,  fi>rming,  in  two  oppoaite,  parallel 
linea,  aomething  anawering  to  a  ring  (cpicos  voA^ 
A«o<o,  IL  It.  299)  within  which  the  more  important 
aingle  combata  an  fimght  How  they  got  the 
chuiota  out  of  the  way  when  the  foot  aoldien 
came  to  doae  quarten  (aa  in  /Z.  iv.  427,  &c)  ia 
not  deacribed. 

Though  ao  little  aceoont  ia  uaually  made  of  the 
common  aoldien  (w^X^r,  IL  zL  49,  xiL  77), 
Homer  occaaionally  laya  conaiderable  atreaa  on 
their  orderly  and  compact  array  ;  Neator  and  Me- 
neatheua  are  honourably  diatingaiahed  by  the 
epithet  ite<rft^ope  Xdtn^  {IL  iL  553,  ir.  293,  Ac). 
The  troopa  were  naturally  drawn  up  in  aeparate 
bodiea  according  to  their  different  nationa.  It 
would  appear  to  be  rather  a  reatoration  of  the  old 
anaagement,  than  a  new  daaaification,  when 
Neator  (/Z.  il  862)  recommenda  Agamemnon  to 
draw  the  troopa  up  by  tribea  and  phretriea. 
Arranged  in  theae  natural  difiaiona,  the  foot  aol- 
dien were  drawn  up  in  denaely  compacted  bodiea 
(vMciFod  ^dXayyts)  ahield  cloae  to  ahield, —  hel- 
met to  helmet — man  to  man  {IL  ziii.  130,  xri. 
212,  Ac).  In  theae  maaaea,  though  not  uaually 
commencing  the  attack,  they  frequently  offer  a 
powerful  reaistance,  even  to  diatingaiahed  heroea 
(aa  Hector  //.  xiii.  145,  Ac,  comp.  xTii.  267,  354, 
Ac,  xiiL  339X  the  denae  array  of  their  apean 
fwming  a  barrier  not  eaaily  broken  through.  The 
aignal  for  advance  or  retreat  waa  not  giyen  by  in- 
atnxmenta  of  any  kind,  but  by  the  voice  of  the 
leader.  A  loud  voice  waa  conaeqnenUy  an  im- 
portant matter,  and  the  epithet  Mf^  ifyoBSs  ia 
common.  The  trumpet,  however,  waa  not  abso- 
lutely unknown  {IL  xviil  219).  Respecting  the 
armour,  offensive  and  defenarve,  see  Arm  a. 

Under  the  king  or  chieftain  who  commands  his 
separate  contingent  we  commonly  find  subordinate 
chiefs,  who  command  smaller  divisions.  It  is 
difficult  to  say  whether  it  is  altogether  accidental 
or  not,  that  theae  are  frequently  five  in  number. 
Thua  the  Ifynnidons  of  Achilles  are  divided  into 
five  <rrtxfSj  each  of  500  men.  Five  chiefs  command 
the  Boeotians;  and  the  whole  Trojan  anny  ia 
formed  in  five  divisions,  each  under  three  leaders. 
(77.  iv.  295,  Ac,  xvL  171—197,  ii.  494,  Ac,  xii. 
87—104.)  The  term  ^>dAiry{  is  applied  either  to 
the  whole  army  (as  //.  vi.  6),  or  to  these  smaller 
divisions  and  subditisions,  which  are  also  called 
ffrix^s  and  Tipyoi. 

When  an  enemy  was  slain,  it  was  the  universal 
practice  to  stop  and  strip  off  his  arms,  which  were 
carefully  preserved  by  the  victor  as  trophies.  The 
division  of  the  booty  generally  was  arranged  by  the 
leader  of  the  troop,  for  whom  a  portion  waa  set  aside 
aa  an  honoraiy  present  {y^pas,  H,  i.  392,  368,  ix. 
828,  xi.  703).  The  recovery  of  the  dead  bodies  of 
the  slain  was  in  the  Homeric  age,  as  in  all  later 
times,  a  point  of  the  greatest  importance,  and  fro- 
I  1 


483 


EXERCITU8. 


quently  either  led  to  a  fierce  contest,  or  was  effected 
by  the  payment  of  a  heavy  ransom  (Kopke,  Kriem- 
wegen  der  Grueken  in  herouchtn  ZeUalter;  Wachs- 
muth,  HtUm,  AUerAnmsk  toL  iL  §  110 ;  Giote, 
History  ofGrmo^  yoL  iL  p.  J41). 

After  the  heroio  age  oonaideFable  impulse  was 
given  to  the  cultivation  of  the  military  art  by  the 
conquests  of  the  Thessalians  (the  first  Oredan 
people,  apparently,  that  employed  cavalry,  to  the 
use  of  which  their  conquests  were  probably  in 
great  part  owing)  and  Dorians,  among  the  latter 
of  whom  the  art  of  warfare  was  eariiest  reduced  to 
system.   The  distinction  of  heavy  and  light  armed 
foot  soldiers  of  course  took  its  rise  with  the  be- 
ginnings of  military  service,  the  ^rer  class  being 
unable  to  provide  themselves  with  the  more  effi- 
cient, but  more  costly  we^ns  of  those  who  were 
better  off  than  themselves.  Political  considerations 
tended  to  make  the  distinction  more  marked  and 
systematic.     The  system  of  military  castes  was 
indeed  unknown  among  the  Greeks,  though  some- 
thing answering  the  same  purpose  existed  in  the 
earliest  times,  when  the  nobles  and  their  more 
immediate  dependants  and  retainers,  having  greater 
leisure  for  the  cultivation  of  skill  in  the  use  of 
arms,  and  greater  means  for  procurin|^  them,  were 
separated  in  that  respect  by  a  wide  mterval  from 
the  lower  class  ;  while  conversely,  military  supe- 
riority was  the  most  direct  means  of  secunng 
political  supremacy.    Hence,  as  soon  as  the  dis- 
tinction between  the  nobles  (the  privileged  dass) 
and  the  commonalty  (domus)  was  established,  it 
became  the  object  of  the  former  to  prevent  the 
latter  from  placing  themselves  on  a  par  with  than 
in  military  strength,  and  so  the  use  of  the  full 
armour  of  the  heavy-armed  infiintry  was  reserved 
by  the  former  for  themselves  ;  and  when,  in  times 
of  distress,  it  was  found  necessary  to  entrust  the 
demus  with  full  armour,  the  result  was  not  un- 
commonly a  revolution  (as  was  in  some  degree  the 
case  at  Mytilene,  Thuc  iiL  27).     But  in  the  de- 
mocracies this  distinction  as  regards  the  kinds  of 
service  depended  merely  upon  the  greater  or  less 
ability  of  the  citizens  to  procure  arms.     In  the 
Greek  commonwealths  all  those  who  enjoyed  the 
privil^;es  of  citisens  or  freemen  were  held  bound 
to  serve  as  soldiers  when  called  upon,  and  were 
provided  with  aims  and  trained  in  military  exer- 
cises as  a  matter  of  course.    The  modem  system 
of  standing  armies  was  foreign  to  Greek  habits, 
and  would  have  been  dangerous  to  the  liberties  of 
the  different  commonwealths,  though  something 
of  the  kir)d  may  be  seen  in  the  body  guards, 
usually  of  mercenary  troops,  kept  by  tyrants. 
The  mercenaries   in  the  pay  of  Alexander  of 
Phenie  formed  a  considerable  army.     Practically 
too,  from  the  continuity  of  the  warlike  operations 
in  which  they  were  engaged,  the  armies  of  Philip 
and  Alexander  of  Macedon,  and  their  successors, 
became  standing  armies.    The  thousand  Kay^^s 
at  Argos  (Thuc.  v.  67)  and  the  sacred  band  at 
Thebes  (Plut.  Pdap.  18 ;  K.  F.  Hermann,  Grimk, 
■    Staaiaaltertk,  §  181  note  2)  were  not  considerable 
enough  to  be  called  armies.    The  employment  of 
mercenary  trooi)s  might  have  led  to  the  use  of 
standing  armies,  had  it  not  been  that  the  use  of 
them  characterised  the  decline  of  the   Grecian 
states,   so   that  the  circumstances  which  led  to 
their  emplo^-ment,  also  rendered  it  impossible  to 
provide  the  resources  for  their  maintenance,  ex- 
cept when  they  were  immediately  needed.     Still, 


EXERcrrua 

as  in  the  case  of  the  Scythian  bowmen  at  Atkni, 
individual  corps  of  meioenaiies  might  be  regnlarir 
maintained.  Slaves  were  but  rarely  trusted  v'A 
arms,  and  when  it  was  the  case,  they  were  omllr 
manumitted.  The  Greek  armies  accordingly  vcre 
national  armies,  resembling  latber  the  b£|^  tiuc 
the  regular  annies  of  modon  times. 

In  all  the  states  of  Greece,  in  the  cailiest  at  in 
later  times,  the  general  type  of  their  military  or- 
ganisation was  ue  pkaliut^  a  body  of  tnept  m 
dose  army  with  a  long  spear  as  their  prindpal 
weapoiL    It  was  among  the  Dorians,  and  cfpedaii^ 
among  the  Spartans,  that  this  type  was  most  r%idlj 
adhered  to.    The  strength  of  their  nulitarr  anar 
consisted  in  the  heavy-armed  in&ntiy  (Waxtoi). 
They  attached  comparatively  small  important  to 
thdr  cavalry,  whien  was  always  inferior  (Xes. 
HeUm.  vi.  4.  §  10).     Indeed,  the  ThessaliaDS  and 
Boeotians  were  the  only  Greek  people  wbo  dii- 
tinguished   themsdves  much   for  their  caTslrf; 
scuody  any  other  states  had  territories  adapted 
for  the  evolutions  of  cavalry.     The  Spartan  snir, 
as  described  by  Xenophon,  was  probidily  in  ail  hi 
main  features  the  same  that  it  was  in  the  tone  cf 
Lycurgus.    The  institutions  of  that  lawgifer  osn- 
verted  the  body  of  Spartan  dtizens  into  a  kind  ai 
military  brotherhood,  whose  almost  sole  occnpstiaa 
was  the  practice  of  warlike  and  athletic  ezeRwai 
The  whole  life  of  a  Spartan  was  little  eUe  tbn 
either  the  preparation  for  or  the  practice  of  w. 
The  result  was,  that  in  the  strictness  of  their  da- 
dpline,  the  pedsion  and  fisdli^  with  which  ihrr 
performed  their  military  evolutions,  and  the  skill 
and  power  with  which  they  used  their  weapon^ 
the  Spartans  were  unrivalled  among  the  Greekfi,  | 
so  that  they  seemed  like  real  masten  of  the  ait  </ 
war  (rcx^Tay  Twr  vo^e/uiccvr),  while  in  caai- 
parison  with  them  other  Gredcs  appeared  mat 
tiros  (afrro<rx«J«wrTiif  rmv  trrpofruniKm^  Xm. 
litp.  Laced.  xiiL  §  6  ;  Plut   Pdop.  23).    The 
heavy-armed  infisntry  of  the  Spartan  snniei  «< 
composed  partly  of  genuine  Spartan  dtizeos,pBitlT 
of  Perioeci  (e.  g.  Thucyd.  iv.  8,  comp.  GiDte,  /M 
^  GVeaoe,  vol  u.  p.  493).     In  kter  times,  ai  the 
number  of  Spartan  citizens  decreased,  the  Peiioeci 
constituted  the  larger  portion,  a  fact  which  reodm 
nugatory  all  attempts  to  connect  the  samben^ 
the  divisions  of  the  army  with  the  political  di^i- 
sions  of  the  Spartan  citiiena.     Every  Sfartn 
citixen  was  liable  to  militaiy  serrioe  (wiPwi»") 
from  the  age  of  twenty  to  the  age  of  sixty  jean 
Those  beyond  that  age  were,  however,  soinetima 
employed  in  the  less  arduous  kinds  of  aemee— 
as  at  Mantineia,  where  they  had  chai^ge  of  tbe 
baggage  (Thuc  v.  72).    On  the  occasion  of  any 
military  expediticm,  the  kings  at  fint,  and  aftrr- 
wards  the  ephors,  made  proclamation  what  chu, 
according  to  age,  were  to  go  on  the  cxpeditka 
(ri  fnj  §ls  &  8€«  (rrporc^crAu,  Xen.  Bip.LM-  «- 
§  2)  as,  for  example,  all  dtizens  between  tweotT 
and  thirty,  or  between  twenty  and  thirtT-fi«  &^ 
(ra  S^Ka  &4>' I}«f7t,  T^  werrcKcUScica  0^*  1|^^&4 

When  m  the  field,  the  Hoops  were  dni«n  "P " 
some  manner  according  to  their  ages,  so  tfaatfcr 
any  special  service,  those  of  a  partioilar  age  Bi<go^ 
be  separated  and  employed  (Xen.  iW»  ^^' '*■ 
§  16,  5.  §  15,  16).  On  one  occasion  (ac.418\ 
on  a  sudden  emergency,  when  probably  tkflt « 
not  time  to  collect  the  Perioeci,  all  tbeciticeMOt 
the  military  age  were  called  forUi  (Thoc.  ▼.  W). 
The  political    and   militaiy  divisiani  of  ^ 


EXERC1TU& 

SptttBOi  mn  niized  np  together  m  tome  wsy 
vkidi  it  k  not  easy  to  imntTeL    The  whole  life 
cf  a  Sputsn  VIS  pawed  in  the  diacipline  of  s  kind 
c£  earapL    The  dtiaenA  meated  tocher  in  com* 
paniei,  and  ifept  in  s  aoct  of  hairMka.    It  appenn 
from  XcMphon  {Rep.  Lae,  zL)  that  the  whole 
body  of  dtiaens  of  militaiy  age  waa  divided  into 
ax'dirioaiit  called  /Upai  {mKerucai  fnApM   he 
tenos  them),  under  the  mnrnamd  or  saperintend- 
Gxe  of  a  pdeaMich,  each  mom  bemg  subdlTided 
ia&B  fear  X/Sx^  (commanded  by  Xox^^X  «>eh 
Ai^ar  into  two  wemfceoT^s  (headed  by  wt m|. 
tmniiftty,  each  wcriinieu'ife  into  two  ipmftcruu 
(beaded  by  amaaotarchs).     The  ivrnfunioi  were 
»>  called  fimn   the  men  oompoaing  them  being 
booad  together  by  a  common  oath  (rd^xs  ra  Sm 
fffsyuar  ^P^/Aores;,  Heaydi.  «.  v.).     Theae  were 
net  moely  divisions  of  troope  engaged  in  actual 
Bilifeaiy  ezpeditiooML     The  whole  body  of  dttsens 
at  all  times  fbnned  an  army,  whether  they  were 
owgregaied  at    head-quarters   in    Sparta,  or  a 
fotum  of  them  were  detached  on  foreign  service. 
Hefodotns  (L  65)  speaks  of  enomoties,  tria49ade8, 
mi  sjmbB  as  military  divisions,  and  we  learn  that 
ths  pelemaRha  preaided  over  the  public  tables 
iPhiLl^  12).     When  a  portion  of  the  citizens 
V3S  sent  oat  on  foreign  service,  the  aimy  that  they 
iWmed  waa  anai^ed  in  divisioas  corresponding  to, 
aad  bearing  the  same  names  as  the  divisions  of 
the  eatire  military  force  of  Sparta,  I  e.  of  the 
ratiie  body  of  citiieDS  of  military  age.    As  has 
already  been  remarked,  an  army  sent  on  foreign 
9?rrioe  conaisted  of  citixens  between  certain  affes, 
detonuaed-  aoeordii^  to  the  number  of  soldims 
aaoted.    So  Uiat,  as  it  would  seem,  every  eno- 
iwda  of  the  general  body  sent  out  a  certain  pro- 
fcnaa  of  its  nomben  for  the   expedition    in 
ipcstko,  who  (with  some  Perioeci)  formed  an 
eo^ontia  of  the  army  so  sent ;  and  the  detach- 
laent  of  those  enoraotiae  which  formed  a  more  of 
the  wh^  body  of  dtiaens,  formed  (apparently)  a 
man  of  the  army  on  service.    AU  the  accounts 
that  we  have  of  Spartan  military  operations  indi- 
cate that  the  Perioed  who  served  as  heavy-armed 
i^ldier^  fanned  integral  members  of  the  difierent 
dJTisaQs  to  which  they  were  attached  ;  so  that  an 
eaomotia,pentecosty8,  &&,  in  the  field,  would  con- 
tam  a  mimb«  of  soUiers  who  did  not  bdong  to 
the  correspMiding  laiger  divisions  of  the  whole 
body  of  citizens  of  military  age.     Thirlwall  {Hi$L 
of  Gneet,  toL  l  app.  il)  talks  of  thirty  fomilies 
being  wyteaasferf  m  tke  anay  by  thirty  soldiers  ; 
an  idea  totally  at  variance  with  all  the  accounts 
tbat  we  have.     Supposing  a  fomily  to  consist  of  a 
fiuker  and  three  sons,  if  the  latter  were  above 
tveaty,  and  the  fotha  not  above  sixty  years  of 
age,  all  woald  be  soldien,  liable  to  be  cidled  out 
far  active  service  at  any  time  ;  and  according  to 
tbe  limits  of  the  aae  proclaimed  by  the  ephors, 
one,  two,  three,  or  dl  cf  them  might  be  called  out 
at  race.    The  strength  of  a  mom  on  actual  service, 
of  coarse,  varied,  awording  to  circumstances.     To 
jadge  by  the  name  pentecoetys,  the  normal  number 
of  a  mon  would  have  been  400  ;  but  500,  600, 
and  900  are  mentioned  as  the  number  of  men  in  a 
mora  on  different  occasions  (Plut  Pdop,  16  ;  Xen. 
HtUm.  iv.  6.  §  11,  12,  vl  4.  §  12  ;  Schol.  ad 
That,  V.  66  ;  Died.  xv.  32,  &e.  ;  MiiDer,  Doriatu, 
iii.  12.  9  2,  note  t.).     That  these  variations  arose 
frofiB  vaiiatioBs  in  the  number  of  Spartan  dtiaens 
(flaaie  m  Eisch  and  Gmber'ft  JEn^dopadie^  art 


EXERCITUS. 


483 


Pkakuut)^  is  on  assumption  which  leaves  out  of 
sight  the  proportion  of  dtiaens  called  out,  and  the 
number  of  Perioed  in  the  army.  (Of  tbe  292 
heavy-aimed  soldiers  who  surrendered  at  Sphac- 
teria,  120  were  Spartans,  Thoc  iv.  38.  At  the 
battle  of  PbUaeae,  one  half  of  the  heavy-armed 
soldiers  of  the  Lacedaemonians  were  Spartans.) 
When  in  the  field,  each  mom  of  infontiy  was  at- 
tended by  a  mom  «f  cavalry,  consistuig  at  the  most 
of  100  men.  and  commanded  by  an  hippaimost 
(/«wapfMNrr^f,  Xen.  ^effea.  iv.  4.  §  10,  6,  §  12). 
Plutarch  {Lyo,  23)  mentions  squadrons  {ovAoftM) 
of  fifty,  which  may  possibly  be  the  same  divisions. 
It  is  not  easy,  however,  to  see  in  what  manner  the 
cavalry  could  have  beoi  thus  apportioned,  or  how 
each  mon  of  cavalry  could  have  **  belonged  to  a 
mora  of  infiintry  without  being  in  dose  connection 
with  it**  (as  Miiller  says).  The  cavalry  seems 
merely  to  have  been  employed  to  protect  tbe  flanks, 
and  but  little  regard  was  paid  to  it.  The  corps  of 
300  Iwwus  (Herod,  viil  124)  formed  a  sort  of 
body-guard  for  the  king,  and  consisted  of  the 
fiower  of  the  young  soldiers.  Though  called 
horsemen,  they  fought  on  foot.  (Xen.  Hep.  Lae,  iv. 
§3.) 

Thucydldes  in  his  account  of  the  battle  of  Mon- 
tineia  (v.  68)  describes  the  Lacedaemonian  army 
as  divided  into  seven  lochi,  each  containing  four 
pentecostyes,  and  each  penteoostys  four  enomotiae, 
with  thirty-two  men  in  each  ;  so  that  the  lochus 
here  is  a  body  of  612  men,  and  is  commanded  by 
a  polemarch.  It  is  clear,  therefore,  that  the  lochus 
of  Thucydides,  in  this  instance,  answers  to  the 
mora  of  Xenophon.  As  on  this  occasion,  the 
pentecoetys  contained  four  instead  of  two  eno- 
motiae, and  as  four  pentecostyes  were  threwn  toge- 
ther into  one  division,  Thucydides  may  have  been 
led  to  call  this  division  a  lochus,  as  being  next 
above  the  penteoostys,  though  it  was,  in  fact,  a 
more  commanded  by  a  polemarch  (Thirlwall,  I,  e, 
p.  445  ;  comp.  Amdd  on  Tbuc.  v.  68).  Aristotle 
appears  to  use  the  terms  lochus  and  more  indis- 
criminately (Aomiiwr  woXir.  Fr.  5  and  6  ;  Photius 
f.  e.  hj&xoi).  The  suggestion  of  Arnold  (/.  e.)  that 
one  of  the  seven  lochi  spoken  of  consisted  of  the 
Bnuidean  soldiers  and  Neodaniodes,  who  would 
not  bo  taken  account  of  in  the  ordinary  divisions 
of  the  Spartan  forces,  is  not  unlikely,  and  would 
explain  the  discrepancy  between  the  number  of 
lochi  (or  morse)  here,  and  the  ordinary  number  of 
six  morae  ;  but  even  independently  of  it,  no  diffi- 
culty need  be  felt  with  respect  to  that  particular 
point,  as  the  whole  arrangement  of  the  troops  on 
that  occasion  was  a  departure  from  the  ordmary 
divisions.  It  was  not  universally  the  case  that  an 
army  was  made  up  of  six  morae  and  twenty-four 
ordinary  lochi  On  one  occasion,  we  hear  of 
twelve  lochi  (Xen.  Hellen,  vii.  4.  §  20,  comp. 
§  27),  each  of  about  100  men.  The  Neodamodes 
were  not  usually  incorporeted  in  the  morae  (Xen. 
HeUem.ir.3.  §15). 

It  seems  a  probable  opinion  that  the  nuniber  of 
morae  in  Uie  Spartan  military  force  had  reference 
to  the  districts  into  which  Loconia  was  divided. 
These,  mcluding  Sparta  and  the  districts  imme- 
diately around  it,  were  six  in  number.  Perhaps, 
as  Thirlwall  suggests,  tbe  division  of  tbe  army 
may  have  been  founded  on  the  fiction  that  one 
mora  was  assigned  for  the  protection  of  each 
district.  The  same  writer  also  suggests  a  very 
probable  explanation  of  the  \6xos  Iltrai^Tiis 
II  2 


484 


EXERCITUS. 


which  HerodotoB  (ix.  53)  Bpeaks  o(  and  of  whieh 
Thncydides  (L  20),  though  doabtlen  erroneously, 
denies  the  existence.  Thirlwall  suggests  that  as 
each  mora  consisted  of  four  lochi,  the  four  lochi  of 
the  mora  belonging  to  the  district  of  Sparta  may 
have  been  distributed  on  the  same  principle  among 
the  four  K&fuuL,  Limnae,  Cynosura,  Mesoa,  and 
Pitana,  of  which  Sparta  was  composed.* 

A  Spartan  army,  divided  as  above  described, 
was  drawn  up  in  the  dense  array  of  the  phalanx, 
the  depth  of  which  depended  upon  circumstances. 
An  iimfunia  sometimes  made  but  a  single  file, 
sometimes  was  drawn  up  in  three  or  six  files  {Ch^ 
Xen.  /?<p.  Lac,  xL  §  4;  Miiller,  iii.  12.  §.  3,  note  a). 
At  the  battle  of  Mantineia  the  phahuix  was  eight 
deep,  so  that  each  enomotia  made  four  files.  (Thuc. 
V.  68  ;  comp.  Xen.  Hellen,  iiL  2.  §  16,  tL  2.  §  21.) 
At  the  battle  of  Leuctra  it  was  twelve  deep. 
(Xen.  HeUem.  vl  4.  §  12.)  The  enomotarch  stood 
at  the  head  of  his  file  (vp9trotrrArns\  or  at  the 
head  of  the  right-hand  file,  if  the  enomotia  was 
broken  up  into  more  than  one.  The  last  man  was 
called  ovp«y6s.  It  was  a  matter  of  great  import- 
ance that  he,  like  the  enomotaich,  should  be  a  man 
of  strength  and  skill,  as  in  certain  evolutions  he 
would  have  to  lead  the  movements.  (Xen.  Qjprop. 
iii.  3.  §  41,  &.c)  The  commander-in-chief^  who 
was  usually  the  king  (after  the  afiair  of  Demaratus 
and  Cleomenes  it  was  the  practice  not  to  send  out 
both  kings  together,  Herod,  v.  75  ;  but  comp. 
vL  73),  had  his  station  sometimes  in  the  centre  (as 
at  Mantineia,  Thuc.  ▼.  72),  more  commonly  (as  at 
Leuctra)  on  the  right  wing.  The  deployments  by 
which  the  arrangements  of  the  phalanx  were  altered 
took  place  under  the  direction  of  the  enomotarch. 
When  the  troops  were  drawn  up  in  a  line  in  the 
ordinary  battle  array,  they  were  said  to  be  ^irl 
^>dXayyos,  Supposing  an  enomotia  to  consist  of 
twenty-five  men,  including  its  leader,  and  to  be 
drawn  up  eight  deep,  the  front  line  of  the  anny 
would  consist  of  288.  In  an  ordinary  march  the 
army  advanced  M  Kipon  (or  icot^  k^^mu,  Xen. 
HeUen.  vii.  4.  §  23),  the  first  enomotia  of  the 
right  wing  filing  off,  and  the  rest  in  succession 
following  it ;  so  that  if  the  enomotia  was  drawn 
up  in  three  or  two  files,  the  whole  army  would 
march  in  three  or  two  files.  The  most  usual  ar- 
rangement was  in  two  files.  (Xen.  H^Hm,  vii.  4. 
§  22,  iii.  1.  §  22,  Pdyam,  ii.  1.  §  10.)  If  an 
army  in  marching  order  had  to  form  in  phalanx, 
the  movement  began  with  the  hindmoat  enomotia  of 
the  column,  which  placed  itself  on  the  left  of  (c'^'* 
iuririias)  and  on  a  line  with  (ci;  fUronrw)  the 
enomotia  before  it  These  two  then  performed 
the  same  evolution  with  respect  to  the  last  but 
two,  and  so  on,  till  all  were  in  a  line  with  the 


*  MUUer  {DoHohm^  book  iiL  c  3.  §  7)  talks  of 
a  fr6\is  distinct  from,  these  ic»fuu.  But  the  latter 
were  certainly  not  mere  suburbs,  but  component 
parts  of  Sparta  itself  (comp.  Paus.  iii  16.  §  9). 
Haase  (L  c.)  speaks  of  five  divisions  of  the  city  be- 
sides Pitana,  so  that  the  six  morae  or  lochi  in  the 
sense  of  Thucydidcs  corresponded  to  these  six 
divisions.  For  this  arrangement,  there  seems  no 
authority,  except  the  statement  of  the  scholiast  on 
Aristoph.  (I^s.  453),  that  there  were  six  lochi  at 
Sparta,  five  of  which  he  names,  one  of  the  names 
being  corrected  conjecturally  by  MUUer  to  Mc(ro- 
^njf.  But  there  seems  here  little  more  than  a  con- 
fused version  of  the  division  into  six  morae. 


EXERCITU& 

first  enomotia,  which  now,  with  the 
in-chief  at  its  head,  occupied  the  extremity  of  the 
right  wing.  This  evolution  was  called  ««|w>&r}^ 
(Xen.  Bep.  Lac  xL  §  6X  a  name  ako  given  to  the 
reverse  movement,  when  a  phalanx  had  to  &U  into 
marching  order,  and  to  subordisate  moTements  of 
the  same  kind  for  chansing  the  depith  of  the 
phalanx.     In  the  latter  the  evolntiona  w«ie  con- 


ducted on  much  the  same  principle.     Thna.  if  the 
depth  of  the  phalanx  was  to  be  diminiahed  by  faal^ 
the  hinder  portion  of  each  enomotj  maxch^  for- 
wards and  placed  itself  on  the  lefi  of  tlie  half  in 
front  of  it.    Similarly,  if  the  depth  had  to  be  in- 
creased,  the  left-hand  portion  of  each   enomotia 
£soed  about  towards  the  r^^  totdc  up  ita  station  in 
the  rear,  and  Uien,  facing  to  the  tefl  again,  as- 
sumed Uieir  proper  position.  (Xen.  /Z^  Lac  xL 
§  8.)     The  fiunng  to  the  right  waa  alwaja  the 
usage,  because  if  the  evolution  were  perfinmed  in 
the  &oe  of  an  enemy,  the  shielded  aide  eoold  be 
presented  towards    Jiim.     Modificationa  o€  this 
evolution,  conducted  on  the  same  prinici|ile^  w«re 
employed  if  the  depth  had  to  be   increased  or 
diminished  in  any  other  proportion  (comp.  Xezu 
Anoit,  iv.  8.  §26,  iv.  6.  §  ^  Cynip^  iL  3.  §21). 
It  is  veiy  likely  that  at  those  points  of  the  files 
where  in  such  evolutions  they  would   have   to 
separate,  there  were  placed  men  suitable  ibr  taking 
their  station  in  the  front  rank,  where  it  was  al- 
ways an  object  to  get  the  best  men.    These  would 
answer  to  the  8eic(i3apx<><  8i>d  w^wdlapx^^  ^ 
Xenophon.     (jOj/rop»  iL  1 ;  omip.  HippardL  ii  §  €(, 
iv.  §  d.)    If  an  enemy  appeared  in  the  rear,  it  was 
not  enough  that  the  soldiers  shoold  fikoe  aboot  to- 
wards the  enemy.    The  ^«rtan  tactica  reqaired 
that  the  stoutest  soldier  should  be  opposed  to  the 
enemy.    This  was  accomplished  by  the  maneeuTre 
termed  4^<tKjtyii6s,    Of  this  there  were  three  va- 
rieties :  1.  Tki  MacedomoH.  In  this  the  leader  of 
each  file  kept  his  place,  only  tnraing  tovrards  the 
enemy.     The  man  behind  him  {iwtardmfs)   re- 
treating and  ag&in  taking  vp  his  station  behind 
him,  and  so  on.     In  this  way  the  army  retreated 
from  the  enemy  by  a  distance  equal  to  its  depth. 
2.  TTie  Laeonian  (the  one  usually  adopted  by  the 
Macedonian  phalanx  of  Philip  and  Alexander). 
This  was  the  reverse  of  the  preceding,  the  rear 
man  remaining  stationary  and  the  others  advancing 
successively  one  before  the  other.     In  this  way  of 
course  the  army  advanced  against  the  enemy  by  a 
distance  equal  to  its  depth.     3.  J%e  Qnetau.    In 
this  the  leader  and  rearman,  the  second  and  last 
but  two,  and  so  on,  changed  places,  so  that  the 
whole  army  remained  at  the  same  distance  from 
the  enemy.     This  species  was  also  called  x<f  **' 
(Haase  ad  Xen.  Rtp.  Lac  xi.  §  9. ;  HOller,  iiL  12. 
§  8 ;  Aelianus,  TacL  26,  27,  33.)    These  evolu- 
tions  would  of  course  leave  the  general  on  the  lefl 
wing.     If  it  vras  deemed  expedient  that  he  shoold 
be  upon  the  right,  it  was  not  enough  that  he  shoold 
simply  remove  fiwm  the  left  to  the  liffht,  the  whda 
army  had  to  reverse  its  position,  so  that  what  was 
the  left  wing  should  become  the  right    This  was 
effected  by  an  exeligmns,  termed  (at  least  by  the 
later  tacticians),  ^|cAi7/<^s  acer^  C^T^  >*  °°'^- 
trasted  with  the  ^cXiy/A^s  Koxh,  orixws.    If  the 
army  changed  its  fiont  by  wheeling  roond  throogh 
a  half  circle,  round  one  coiner  as  a  pvot,  the 
movement   seems  to    have  been    expressed   by 
Ttptwrinra'€u>  or  dyorr^ircir.     One  mors  evolu- 
tion remains  to  be  noticed.    Suppose  sn  enemy 


EXERCITUa 

■ppesred  oa  Uke  ligbt,  while  Uie  umy  wm  march- 
isg  in  eidazBii,  two  abreast  The  different  loeki 
wheeled  nmnd  thrash  a  qaadiant  of  a  cirde, 
roaod  their  leada^  as  on  a  pivot,  so  that  the  army 
jcesented  twentj-finir  colmnxis  to  the  enemy,  coo- 
sBtii^  of  two  files  each,  and  separated  by  a  eon- 
ndo^ile  interval  from  each  otber.  The  depth  of 
the  whole  body  was  then  lesMoed,  and  these  in- 
terals  filled  up  by  the  ordinary  pangoge,  and  by 
the  diSoent  kchi  sadii^  np  nearer  to  each  other 
IB  case  the  interrals  stiU  remained  too  great  If 
it  was  necesaary  for  the  general  to  take  his  station 
OQ  the  nght,  this  wonld  be  effected,  as  in  other 
cases,  by  an  i^tXtyitSs.  Similar  mameavres  took 
{^see  if  the  enemy  aj^eared  on  the  left,  though, 
aa  this  was  the  shielded  side  of  the  soldiers,  and 
the  danger  wu  ooDseqnently  less,  it  was  frequently 
tbmght  sufficient  to  keep  the  enemy  in  check  by 
Beans  of  the  cavalry  and  light  troops.  (Xen.  Rep. 
iLoe.  zi  §  10.)  Onepointthatagoieralhad  to  be 
«D  his  guid  against  was  the  tendency  of  an  army. 
Then  advancing  M  ^dAoyYot,  to  sheer  off  towards 
the  right,  eadi  man  pressing  closer  to  his  right-hand 
Bcsg-hboar  in  <Hder  to  protect  His  unshielded  side, 
10  itmi  the  right  wing  frequently  got  beyond  the 
kft  wing  of  Uie  enemy.  (See  especially  the  ac- 
ccsat  of  the  battle  of  Mantmeia,  Thn<nrd.  t.  71.) 
A  ilight  eonaideration  will  shew  that  ue  analogy 
traced  betvreen  the  evolutions  of  an  army  and 
thoK  of  a  chorus  is  by  no  means  fmcifuL  One 
kind  of  ^fXrYit6s  vnu  even  caUed  x^">f-  The 
iiBpanance  attached  to  the  war  dances  among  the 
SfarttBs  as  a  means  of  military  training  was  con- 
■eqaently  Tery  great     [Chobu&] 

When  an  army  was  led  to  attack  a  height,  it 
was  Bsnally  draum  np  in  what  were  termed  X^x^' 
opdtat,  a  term  which  merely  implies  that  the  lochi 
had  greater  depth  than  breadth  (vapdfiriKfs  /i^r 
Afycru  wmr  rayfM  h^rh  /tiittos  1x9  «'^««<"'  ^ov 
fiiSmfSy  I^Awr  {4  6  &jr  rh  fidBos  rov  fxfiKous^  Aelian. 
Tad.  c  29).  The  Iweadth  of  the  lochi  would,  of 
oouEM,  vary  according  to  circumstances.  They 
arere  drawn  up  with  considaable  intervals  between 
them.  In  this  vny  the  army  presented  a  con- 
sderaUe  front  to  the  enemy,  and  waaleas  liable  to 
be  thrown  into  confusion  thui  if  drawn  up  in  close 
phalanx,  while  at  the  aame  time  the  inttfvals  be- 
tween the  kchi  were  not  left  so  great  that  the 
eofemy  ooald  safely  press  in  between  them.  (Xen. 
AkJk  ir.  2L  §  11,  13,  8.  §  10--19,  ▼.  4.  §  22, 
Qrrop.  ill  2.  §  6,  Anab.  iv.  &  §  17  ;  Polyaen. 
Sltvi.  T.  16.  §  1.)  There  is  no  ground  for  affirming 
that  a  X6xos  ipOtos  was  drawn  up  in  two  files,  or 
ewm  one,  as  Sturs  {Lex.  Xem.)  says.  Such  an  ar- 
nngement  would  be  perfectly  useleas  for  attack. 
This  qrstem  of  anangementa,  which  formed  aome 
apfifozimation  to  the  Roman  tactics,  was  not,  how- 
ever, emph)yed,  except  in  the  particidar  case  men- 


EXERCITUS. 


485 


In  ipecial  drcumstances,  such  as  those  of  the 
retrestmg  Greeks  in  the  Anabasis,  the  amnge- 
Bicfit  in  a  hollow  square  was  adopted,  the  troops 
being  ao  placed  that  by  simply  fadng  about  they 
presented  a  front  for  battle  on  whichever  aide  it  was 
neccsnry.  The  term  vKcdtriov  was  applied  to  an 
anaj  lo  arranged,  whether  aqoare  or  oblong. 
Afienrards  the  term  wXalaior  waa  restricted  to 
the  square,  the  oblong  being  called  irJdrBioy. 

Though  at  first  sight  the  arrangement  and  ma- 
neones  of  a  Lacedaemonian  army  seem  exceed- 
ii^y  eon^leXy  they  were  in  reality  quite  the 


revoTM,  owing  to  the  carefiilly  graduated  system 
of  subordination  which  prevailed  (^x^^^  ifip  'roi 
WW  rh  vrperriw^eef  rmv  AttK^iattm^Unf  ipxorrts 
h^X^^*^  c^'<  Thuc  ▼.  66).  The  commanda  of 
the  general  vrere  iaaued  in  the  firat  place  to  the 
polemarcha,  by  these  to  the  lochaffi,  by  these 
again  to  the  pentecosteics,  by  the  latter  to  the 
enomotarchs,  and  by  these  last  to  their  reapectire 
diviaions.  From  the  orderly  manner  in  which  this 
was  done,  commands  were  transmitted  arith  great 
rapidity:  every  soldier,  in  (act,  regulating  the 
movements  of  the  man  behind  him,  every  two 
being  connected  together  as  wpawsnrdnfy  and 
hrtorifnit. 

In  lata'  times  the  king  was  usually  accompanied 
by  two  ephors,  as  controTleri  and  advisers  These, 
with  the  polemarcha,  the  four  Pythii,  three  peera 
(S/uoioc),  who  had  to  provide  for  the  neceaaities  of 
the  king  in  arar,  the  kphyropolae  and  aome  other 
offioera,  constitoted  what  was  called  thedSumosMs 
of  the  king.  (Xen.  Rep.  Lac  xiiL  §  1,  7,  xv. 
§  14,  HdLen.  iv.  5.  §  8,  vL  4.  §  14  ;  Plut  Lye. 
22.)  The  polenuuchs  also  had  some  sort  of  suite 
or  staff  with  them,  called  ^it^o^h  (Plut  Pelop. 
17  ;  Xen.  /MZsa.  vL  4.  §  14).  With  the  excep- 
tion of  the  enomotarchs,  the  superior  officers  and 
those  immediately  about  them,  are  not  to  be  reck- 
oned with  the  division  which  they  led.  They  stood 
distinct,  forming  what  was  called  the  ^711^40. 

The  Spartan  and  Perioecian  hoplites  were  ac- 
companied in  the  field  by  helots,  partly  in  the 
capacity  of  attendants,  partly  to  aerve  aa  light- 
armed  troops.  The  number  attached  to  aa  army 
was  probably  not  uniform.  At  Plataeae  each 
Spartan  was  accompanied  by  seven  helots  ;  but 
that  was  probably  an  extraordinary  case.  One 
helot  in  particular  of  those  attached  to  each  Spartan 
was  called  his  bephettv^  and  performed  the  fiinc- 
tions  of  aa  armourer  or  shieldbearer  (Eustath.  ad 
Dionys.  Per.  533).  Xenophon  {Hdlen.  iv.  5. 
§  1 4, 8.  §  39)  calls  them  ^oowMrral.  (Comp.  Herod. 
V.  Ill  ;  HUUer,  Dor.  iil  3.  §  2.)  In  extra- 
ordinary cases,  hdote  served  as  hoplites,  and  in 
that  case  it  was  usual  to  give  them  their  liberty 
(Thucyd.  viL  Id,  iv.  80,  v.  34).  Distinct  corps 
were,  aometimes,  composed  entirely  of  these  Neo- 
damodes.  A  separate  troop  in  the  Lacedaemonian 
army  vras  formed  by  the  Sdritae  (Xri/><rai),  ori- 
ginally, no  doubt,  inhabitants  of  the  district  Sciritis. 
In  battle,  they  occupied  the  extreme  left  of  the  line. 
On  a  march,  they  formed  the  vanguard,  and  were 
usually  employed  on  the  most  dangerous  kinds  of 
service.  (Thuc  v.  67,  with  Arnold's  note  ;  Xen. 
Cynp.  iv.  2.  §  1  ;  K.  F.  Hermann,  §  29,  note  13, 
ii^fers  fix)m  this  pasaage  that  they  were  cavalry, 
an  inference  which  ia  certainly  not  necesaary,  and 
ia  contradicted  by  MUller,  Manao,  Haaae,  Thirl- 
wall,  Arnold,  &c.) 

The  arma  of  the  phalanx  oonaisted  of  the  long 
spear  and  a  short  sword  (|viiXi|).  The  chief  part 
of  the  defensive  armonr  was  the  large  brazen 
shield,  which  covered  the  body  firom  the  shoulder 
to  the  knee  (Tyrtaeus,  fr.  ii.  23),  suspended,  as  in 
ancient  timea,  by  a  thong  round  the  neck,  and 
managed  by  a  simple  handle  or  ring  (w^piraj). 
The  improved  Carian  handle  (ox^)  "^"^  not  in- 
troduced till  the  time  of  Cleomenea  III.  Beaidea 
thia,  they  had  the  ordinary  armour  of  the  hoplite 
[Arma].  The  heavy-armed  aoldiera  wore  a 
scarlet  uniform  (XeiL  Rep.  Lac  xi.  §  3,  Agee.  iL 
7).  The  Spartan  encampmenta  were  circular. 
1 1  3 


4d6 


EXERCITUS. 


Only  the  beaTy-wroed  wem  statioMd  within  it, 
th«  cavalry  being  placed  to  look  oat,  and  the  helots 
being  kept  as  much  as  possible  outside.  As 
another  precaution  against  the  latter,  erery  si^dier 
was  obliged  always  to  cany  his  spear  about  with 
hmi.  (Xen.  Aetp.  Lae,  xiL)  Though  strict  disci- 
pline was,  of  course,  kept  up  in  the  camp,  it  was 
less  rigorous  than  in  the  city  itself  (Plut.  Zjwi  22, 
comp.  Herod.  viL  208).  Preparatory  to  a  battle 
the  Spartan  soldier  dressed  his  hair  and  crowned 
himself  as  others  would  do  for  a  feast  The  signal 
for  attack  in  ancient  times  was  given  by  priests  of 
Ares  {wvf^6poi\  who  threw  lighted  torches  into 
the  interval  between  the  two  armies  (Schol.  ad 
Eurip.  Pkoem,  1186).  Afterwards  it  was  given 
not  by  the  trumnet,  but  by  the  music  of  ^tes, 
and  sometimes  also  of  the  lyre  and  cithara,  to 
which  the  men  sang  the  battle  song  (wati»  ifiia- 
Hpios),  (Pans.  iii.  1 7.  §  5  ;  Plut  L  c.)  The  object 
of  the  music  was  not  so  mudi  to  inspirit  the  men, 
as  simply  to  regulate  the  march  of  the  phalanx 
(Thuc.  V.  70).  This  rhythmical  regularity  of 
movement  was  a  point  to  which  the  Spartans  at- 
tached great  importance.  A  sacrifice  was  offered 
to  the  Muses  before  a  battle,  as  also  to  Eras  (Plut 
Arittid,  17).  To  prevent  the  nmks  being  l»oken 
the  soldiers  were  forbidden  to  stop  in  order  to 
strip  a  slain  enemy  while  the  fight  lasted,  or  to 
pursue  a  routed  enemy.  The  younger  hoplitea  or 
the  cavahry  or  light^urmed  troops  were  despatched 
for  this  purpose  (Xen.  Hdtefi,  iv.  4.  §  16,  v.  14. 
S  16).  All  the  booty  collected  had  to  be  handed 
over  to  the  laphyiopc^  and  ephon,  by  whoo|  it 
was  sold. 

The  rigid  inflexibility  of  the  Spartan  tactics 
Tendered  Siem  indisposed  to  the  attack  of  fortified 
pUkces.  At  the  battle  of  Pktaeae,  they  even  as- 
signed to  the  Athenians  the  task  of  storming  the 
pidisade  formed  by  the  y^^  of  the  Persians. 

In  Athens,  the  military  system  was  in  iU  lead- 
ing principles  the  same  as  among  the  Spartans, 
though  differing  in  detail,  and  carried  out  with  less 
exactness ;  inasmuch  as  when  Athens  became 
powerful,  greater  attention  was  paid  to  the  navy. 
Of  the  times  before  Solon,  we  have  but  little  in- 
formation. We  learn  that  there  were  twelve 
phratriac,  and  in  each  of  these  four  nancrariae, 
each  of  which  was  bound  to  furnish  two  horsemen 
and  one  ship.  Of  the  four  classes  into  which  the 
citizens  were  arranged  by  the  constitution  of  Solon, 
the  citizens  of  the  first  and  second  served  as  ca- 
valry, or  as  commanders  of  the  infimtry  (still  it 
need  not  be  assumed  that  the  hrww  never  served 
as  heavy-armed  infimtry),  those  of  the  third  class 
{dtvyiToi)  formed  the  heavy-armed  infimtry.  The 
Thetes  served  either  as  light-armed  troops  on  land, 
or  on  board  the  ships.  The  same  general  principles 
remained  when  the  constitution  was  remodelled 
by  Cleisthenes.  The  cavahry  service  continued  to 
be  compulsory  on  tho  wealthjer  class  (Xen.  Osooa. 
ii.  6  ;  Lycnrg.  Leocr,  §  1 39).  All  citizens  quali- 
fied to  serve  either  as  horsemen,  or  in  the  ranks  of 
the  heavy-armed  in&ntry,  were  enrolled  in  a  list 
[Catalog us].  The  case  of  Thetes  serving  as 
heavy-armed  soldiers  is  spoken  of  as  an  exception 
to  the  general  nile  ;  and  even  when  it  was  the 
case,  they  were  not  enrolled  in  the  catalogus. 
(Thucjd.  vi.  43^)  Every  citizen  was  liable  to 
service  firom  his^  eighteenth  to  his  sixtieth  year. 
On  reaching  their  eighteenth  year,  the  young  citi- 
le&s  were  formally  enrolled  *U  ri^r  Xti^iapx'^^^ 


EXERCITU& 
ypafAftoTMW,  and  received  a  shield  and  spear  ia  s 
public  assembly  of  the  people,  binding  th«msetv«s 
by  oath  to  perform  rightly  the  duties  of  a  citizen 
and  a  soldier  (Aristot  ap.  Harpocr.  pu  241  ;  Hrr* 
mann,  Le.  %  123).    During  the  fiiat  two  rears 
they  were  only  liable  to  service  in  Attica  icsrlC 
chiefly  as  gamsoo  soldiers  in  the  different  fortivises 
in  the  country.     During  this  period,  they  vtre 
called  vfpliroXoi,       (Harpocr.    a.   «.    wrphnXot ; 
Pollux,  viii.  105  ;  Lycurg.  Leocr.  §  76.)    Acccird- 
ing  to  some  authorities,  this  service  was  also  cailri 
ffrpoT^ia  ir  Ttiti  fUptvi  (Wacfaamnth,  /L  &  vol  L 
§  56,  note  45).     The  levies  were  made  under  tW 
direction  of    the  generals    [SntATHii].      The 
soldiers  were  selected  either  aooordinr  to  «;e.  as 
among  the  Spartans  (Aristot  ap.   Harpocr.  &r. 
OTpartla  and  Phot  s,  e.  orpcnia :   irta^  iXic^ 
iKv4/i'vw&iy  vpoaypd/fown    6m^   t-Itvt   Apx""^^ 
hntm^iunt   ti4xpt    riwot  let   arpucr^O^w^ai ;   lie 
arehons  being,  of  course,  those  in  whoee  jvar  of 
oflice  they  hi2i  entered  the  military  serrioe),  whra 
the  expeditions  were  called  l^oSoi  hf  tm  hmn- 
/uMf,  or  else  accofding  to  a  certain  rotation  (Aesch. 
F,  L.  p.  330,  rAf  ix  ZitOo^s  ^|^8ovs).     The  ser- 
vices of  those  below  or  above  the  oidinary  militarr 
age,  were  only  called  for  on  emeigencies,  or  far 
guarding  the  walls.    (Comp.  Thuc  i.  105,  tl  13.) 
Members  of  the  senate  during  the  period  of  thnr 
office,  formers  of  the  revenue,  choreutae  at  tkt 
Dionysia  during  the  festival ;  in  later  times,  tiadrn 
by  sea  also,  were  exempted  fiom  military  service. 
(Lycnig.  i;eoer.  f  164  ;  Demosth.  Neaer.  pu  1353, 
Meid,  p.  516  ;   Aristoph.  Eedeg.  1019,  with  the 
SchoL)     Any  one  bound  to  serve  who  attempted 
to  avoid  doing  so,  was  liable  to  a  sentence  of 
iirifJa.     The  resident  aliens  commonly  served  ss 
heavy-armed  soldiers,  especially  fiv  the  purpose  cf 
garrisoning  tho  city.     The^  were  prohibited  fitim 
serving  as  cavalry  (Thuc  iu  13,  31,  iv.  90  ;  Xen. 
d«  VeoL  ii.  f  5,  HippcmA,  ix.  §  6).     Slaves  vav 
only  employed  as  soldiers  in  cases  of  great  necef- 
sity,  as  at  Marathon  (according  to  Pans.  I  32. 
§  33),  and  Aiginusae  (Xen.  HeOem,  L  6.  S  17). 

Of  the  details  of  the  Athenian  military  of^- 
sation,  we  have  no  distinct  accounts  as  we  hsre 
of  those  of  Sparta.  The  heavy-armed  troops,  u 
was  the  universal  prsctice  in  Oreeee,  fangttt  is 
phalanx  order.  They  were  arranged  in  bodiei  m 
a  manner  dependent  on  the  pcditical  divitioiscf 
the  citizens.  The  soldiers  of  each  tribe  formed  a 
separate  body  in  the  army,  also  called  a  tribe,  sod 
these  bodies  stood  in  some  preconcerted  eider 
(Herod,  vl  111  ;  Plut  Aritt.  5  ;  Thuc  vL  98 ; 
Xen.  HeUen.  iv.  2,  §  19,  with  Schneider^  notet). 
It  seems  that  the  name  of  one  division  was  v^t^i 
and  of  another  Xdxof ,  but  in  what  relations  these 
stood  to  the  ^vK/i,  and  to  each  other,  we  (loj>^ 
learn,  unless  Xenophon^  expressions  (Qmf.  ii*  !• 
§  4)  may  be  looked  upon  as  indicating  thst  the 
rd^ts  contained  four  lochi,  and  consisted  of  oo^ 
hundred  men.  (Comp.  Xen.  il/em.  iii.  4.  I  1 ; 
Pollux,  viiL  §  114  ;  Lysias  pro  Mantitbeo,  §1^ 
&c)  Every  hoplite  was  accompanied  by  ao  *^' 
tendant  (dmipMrr,  Thuc  iii.  17),  to  takediaige  «f 
his  baggage,  and  cany  his  shield  on  a  nutf^ 
Each  horseman  also  had  a  servant,  called  tm- 
Kdftos^  to  attend  to  his  hone  (Thuc  viL  75, 78 ; 
Xen.  HeilefL  ii.  4). 

It  would  appear,  that  before  the  time  of  SoVm 
the  cavalry  which  the  Athenians  could  muster 
was  under  100.     In  the  time  of  Cimon  it  va> 


BXERcrrua 

300^  acd  mm  after,  600  ( Andoc.  <fe  Poee,  p.  92  ; 
ScbrL  Aiutmh.  Ejmt.  577, 624)  ;  at  the  begin- 
Diog  of  tbe  Pebpooneaian  war,  1200,  of  whom 
2u0  seem  to  hare  beea  hired  Scythian  bowmen 
(Tncc  iL43,  t.  84,  vL  94).    Besides  the  light- 
amed  toldien  drawn  from  the  nmks    of   the 
pi'Qirr  dtizeos,  there  was  at  Athens  a  regiment 
ef  Thiadan  ikves,  armed   with    bows.       The 
rambef  of  tbete  increased  from  300,  who  were 
pcrtbaaed  after  the  battle  of  Sakmis,  to  1000  or 
liUO  {Aaciun,d4/als.  Leg,  p.  335,  336  ;  Bockh, 
V^Jik  Ecam,  </ Ati.  book  iL  c.  11).     These,  how- 
ever, vere  geoeraUj  employed  as  a  scurt  of  police 
CT  t'Xf  guard.    Beodea  these,  however,  the  Athe- 
nkM  bad  a  troop  of  bowmen  of  their  own  citizens, 
aniacntiiig,  at  the  beginning  of  the  Peloponnesian 
irar,  to  1600  (Thnc  ii.  13  ;  Bockh,  /Ic  iL  c21). 
For  the  command  of  the  army,  there  were 
cW»  cTexy  year  ten  genecab  [Stratboi],  and 
tea  taxisichs  [Taxlarchi],  and  for  the  caTaliy, 
two  hipparchs  (frwopx^O  ^  ^^  phylaichs  C^- 
^^m).    Respecting  the  military  fhnietions  of  the 
I^GfT  vsXifuifxoSy  aee  the  article  Archon.    The 
litiDter  of  stiategl  sent  with  an  army  was  not 
aufgca.    Three  was  a  common  number.    Some- 
iau«  one  was  inrosted  with  the  sopreme  com- 
ica&d ;  at  other  timea,  they  either  took  the  com- 
mand in  torn  (aa  ai   MaratfaimX  ^  conducted 
tk«ir  operations  by  oommon  consent  (as  in  the 
iiiclllaa  expedition).      (Xen.  HifpardL  L  §  8  ; 
DeiDoith./>i£L  §  26  ;  Pollixz,TiiL  §  87  ;  Schtf- 
Baim,  UCam^AA.^.  315—816.) 

The  practice  of  paying  the  troops  when  vpon 

K-rrice  was  first  introduced  by  Pericles  (Ulpian. 

aa  DcLMth.  T^  <rvrra(.  p.  50,  a)i    The  pay  con- 

uRed  partly  of  wages  (iuffB6s\  partly  «Mf  prori- 

iKwu,  or,  more  commonly,  provision-money  (irini- 

fttftor).    The  ordinary  luaHs  of  a  hoplite  was 

t^  obols  a  day.    The  trvni^uy  amomited  to 

tvo  obola  more.    Henoe,  the  life  of  a  soldier  was 

oM  proverbially,  rerptteSXav  fiios  (Eustoth.  €ui 

Od.  p.  140&,  ad  fL  ^  951).    Higher  pay,  how< 

^^i  ^v  loraetimes  given,  as  at  the  siege  <k  Poti- 

<^  the  soldien  received  two  drachmae  apiece, 

oDefer  themsdves,  the  other  for  their  atfiendantsi 

Tbu^  doabtieaa,   included   the    provision-money 

(Thnc  iil  17).    Officers  received  twice  as  much  ; 

fiooemen,  three  times  ;  generals,  four  times  as 

B«th(comp.Xen.^iia6.vil  6.  §  1,3.  §9).    The 

"^nnoeD  received  pay  even  in  time  of  peace,  that 

^y  might  always  be  in  readiness,  and  also  a  sum 

of  Bioney  ht  their  outfit  (aordaraorif,  Xen.  mp- 

^  i-  S  19  ;  K.  F.  Hermann,  §  152,  note  19). 

*W  were  reviewed  from  tune  to  time  by  the 

^  (Xen.  Hipparek.  iil  §  9,  OeeoR.  iz.  15). 

w&re  entering  the  service,  both  men  and  horses 

>^  10  undeno  an  examination  before  the  hip- 

putiii,  vho  sue  had  to  drill  and  tiatn  them  m 

tine  of  pesce.    The  horses  of  the  heavy-armed 

ttialrr  were  protected  by  defensive  armour. 

,  As  Rgsrdi  the  military  strength  of  the  Athe- 

^  we  find  10,000  heavy-armed  soldiers   at 

^^^ivhon,  8,000  heavy  armed,  and  as  many  light 

^nied  at  Plataeae  ;  and  at  the  beginning  of  the 

Pelapoimcaian  war  there  were  13,000  heavy  anned 

^Y  &»  ibceign  servioe,  and  1 6,000  consisting  of 

tb«e  beyond  the  limits  of  the  ordinary  military 

^  «od  of  the  metoeci,  for  garrison  service. 

It  vat  the  natural  resold  of  the  national  charac- 
^  of  the  Atheniana  and  their  democratical  con- 
ititatiflo,  that  military  discipline  was  much  less 


EXERCITUa 


487 


stringent  among  them  than  among  the  Spartans 
(XoAerol  7^  al  6fi4T€pat  ip6afis  Hp^aty  Thuc. 
vii.  14),  and  after  defeat  especiaUy  it  was  often 
fi>und  extremely  difficult  to  maintain  it  The 
generala  had  some  power  of  punishing  military 
offences  on  the  spot,  but  for  the  greater  number  of 
such  offiences  a  species  of  conrt-martial  was  held, 
consisting  of  persons  who  had  served  in  the  army 
to  which  the  offender  belonged,  and  presided  over 
by  the  strategi  (Lysias,  Adv.  Ale.  §  5,  6  ;  Plato, 
Leg.  xiL  2.  p.  943 ;  K.  F.  Hermann,  Le.  %  146, 
153  ;  Meier  and  Sch^fonann,  der  AtUtcke  Prooesa^ 
pp.  133,863 — 366).  Various  rewards  also  were 
held  out  for  those  who  especially  di»tinguished 
themselves  for  their  courage  or  conduct,  in  the 
shape  of  chudets,  statues,  &c  In  connection  with 
these  the  X&yos  irtrd^s^  spoken  over  those  who 
had  fiillen  in  war,  must  not  be  omitted.  Respect- 
ing the  provision  made  for  those  who  were  dis- 
abled in  war,  see  the  article  Adunati. 

The  Peltastae  (wcXrmpra/),  so  called  from  the 
kind  of  shield  which  they  wore  [Pklta],  were  a 
kind  of  troops  of  which  we  hear  very  little  before 
the  end  of  the  Peloponnesian  war.  The  first  time 
we  have  any  mention  of  them  is  in  Thuc.  iv.  Ill, 
where  they  are  spoken  of  as  being  in  the  army  of 
Brasidas.  With  the  more  frequent  employment 
of  mercenary  troops  a  greater  degree  of  attention 
was  bestowed  upon  the  peltastae  ;  and  the  Athe- 
nian general  Iphicrates  introduced  some  important 
improvements  in  the  mode  of  arming  them,  com- 
bining as  frr  as  posnble  the  peculiar  advantages  of 
heavy  (dnX^hui)  and  light  armed  (^rtAoQ  troops. 
He  substituted  a  linen  corslet  for  the  coat  of  mail 
worn  by  the  hoplites,  uod  lessened  the  shield,  while 
he  doubled  the  length  of  the  spear  and  sword.  He 
even  took  the  pains  to  introduce  for  them  an  im< 
proved  sort  of  shoe,  called  after  him  *lpiKpariin 
(Pollux,  vii.  89).  This  equipment  was  very  com- 
monly adopted  by  mercenary  troops,  and  proved 
very  effective.  The  almost  total  destruction  of  a 
mora  of  Lacedaemonian  heavy-armed  troops  by  a 
body  of  peltastae  under  the  command  of  Iphicrates 
was  an  exploit  that  became  very  fiunous.  (Xen. 
Hellm,  iv.  5.  §  11.)  The  peltast  style  of  arming 
was  general  among  the  Achaeans  until  Philo- 
poemen  again  introduced  heavy  armour.  (Pint 
Pa&ip.  9  ;  Liv.  xlil  55.) 

When  the  use  of  mercenary  troops  became 
general,  Athenian  citisens  seldom  served  except  as 
volunteers,  and  then  in  but  small  numbers.  Thus 
we  find  10,000  mercenaries  sent  to  Olyntbus  with 
only  400  Athenians  (Demosth.  de  /als.  Leg. 
p.  425).  With  15,000  mercenaries  sent  against 
Philip  to  Chaeroneia,  there  were  2000  citizens  (De- 
mosth. de  Cor,  p.  306).  It  became  not  uncommon 
also  for  those  bound  to  serve  in  the  cavalry  to 
commute  their  services  for  those  of  horsemen  hired 
in  their  stead,  and  the  duties  of  the  hrworpm^ta 
were  ill  executed.  The  employment  of  mer- 
cenaries also  led  in  other  respects  to  considerable 
alterations  in  the  military  system  of  Greece.  War 
came  to  be  studied  as  an  art,  and  Greek  generals, 
rising  above  the  old  sunple  rules  of  warfare,  be- 
came tacticians.  The  old  method  of  arranging 
the  troops,  a  method  still  retained  by  Agesilaus 
at  the  battle  of  Coronea,  was  to  draw  up  the 
opposing  armies  in  two  parallel  lines  of  greater 
or  less  depth,  according  to  the  strength  of  the 
forces,  the  engagement  commencing  usually  very 
nearly  at  the  same  moment  in  all  parts  of  the  line. 
II  4 


488 


EXERCITUS. 


The  genius  of  Epauinondas  introduced  a  complete 
revolution  in  the  military  gystem.  He  was  the 
first  who  adopted  the  method  of  charging  in  co- 
lumn, concentrating  his  attack  upon  one  point  of 
the  hostile  line,  so  as  to  throw  the  whole  into  con- 
fusion by  breaking  through  it.  For  minute  details 
the  reader  is  referred  to  the  account  of  the  battle 
of  Mantineia  (Xen.  HeBen,  vii.  5.  §  22 ;  comp.  ri. 
4.  §  12).  It  seems  fiK>m  the  description  that  the 
troops  were  drawn  up  in  a  form  somewhat  like 
a  wedge. 

Philip,  king  of  Macedonia,  is  sometimes  spoken 
of  by  Oreek  writers  as  the  inventor  of  the  phalanx. 
It  is  probable  enough  that  he  was  the  first  to 
introduce  that  mode  of  organisation  into  the  army 
of  Macedonia,  and  that  he  made  several  improve- 
ments in  its  arms  and  arrangement,  but  the  pha- 
lanx was  certainly  not  itwenied  by  him.  The 
spear  (frdpunra  or  trdpura),  with  which  the  soldiers 
of  the  Macedonian  phalanx  were  armed,  was  ordi- 
narily 24  feet  long ;  but  the  ordinary  length  was 
21  feet  (Polyb.  xviii.  12  ;  Aelian.  Tact.  14),  and 
the  lines  were  arranged  at  such  distances  that  the 
spears  of  the  fifth  rank  projected  three  feet  beyond 
the  first,  so  that  every  man  in  the  front  rank  was 
protected  by  five  spears.  The  men  in  the  ranks 
further  back  rested  their  spears  on  the  shoulders 
of  those  in  front  of  them,  inclining  them  upwards, 
in  which  position  they,  to  some  extent  at  least, 
arrested  the  missiles  that  might  be  hurled  by  the 
enemy.  Besides  the  spear  tney  carried  a  short 
sword.  The  shield  was  very  large  and  covered 
nearly  the  whole  body,  so  that  on  fiivonrable 
ground  an  impenetrable  front  was  presented  to  the 
enemy.  The  soldiers  were  also  defended  by  hel- 
mets, coats  of  mail,  and  greaves ;  so  that  any 
thing  like  rapid  movement  was  impossible.  When 
in  dense  battle  array  (irdicr«wnj  or  wwcvdnyf), 
three  feet  were  allowed  for  each  man,  and  in  this 
position  their  shields  touched  {ffvraxnrurfiSs^  Polyb. 
/.  c. ;  Aelian,  Tad.  ell.  gives  six  feet  for  each 
man  in  the  ordinary  arrangement,  three  feet  for 
the  ir^Kvwris  or  dense  battle  array,  and  one  and  a 
half  feet  for  the  avyaaviafiSv).  On  a  march  six 
feet  were  allowed  for  each  man.  The  ordinary  depth 
of  the  phalanx  was  sixteen,  though  depths  of  eight 
and  of  thirty-two  are  also  mentioned.  (Polyb.  L  e. 
comp.  xii.  19 — 21.)  Each  file  of  sixteen  was  called 
A^X^'-  It  is  difficult  to  say  what  reliance  is  to  be 
placed  upon  the  subdivisions  mentioned  by  the 
tacticians  Aelian,  &c  as  connected  with  the  phar 
lanx  of  Philip,  though  they  may  have  been  usual 
in  later  times.  According  to  tiiem  each  higher 
division  was  the  double  of  the  one  below  it.  Two 
lochi  made  a  dUochia;  two  dilochiae  made  a  r€' 
rpapxia^  consisting  of  sixty-four  men ;  two  te- 
trarchies  made  a  rd^ts;  two  rd^cis  a  tr^yTayfAa  or 
^wceyiof  to  which  were  attached  five  supernumeraries, 
a  herald,  an  ensign,  a  trumpeter,  a  servant,  and  an 
officer  to  bring  up  the  rear  {obpay6s);  two  syntag- 
mata formed  a  pentacosiarchia,  two  of  which  made 
a  x<^*^X'S  containing  1024  men ;  two  cbi- 
liarchies  made  a  rdXos^  and  two  WXij  made  a  pha- 
langarchia  or  phalanx  in  the  narrower  sense  of  the 
word,  the  normal  number  of  which  would  there- 
fore be  4096.  It  was  commanded  by  a  polemarch 
or  strategus ;  four  such  bodies  formed  the  larger 
phalanx,  the  normal  number  of  which  would  be 
16,384.  When  drawn  up,  the  two  middle  sections 
constituted  what  was  termed  the  ofupdKSs,  the 
others  being  called  tcipvra  or  wings.  The  phalanx 


EXERCITUa 

soldiers  in  the  amy  of  Alexander  amomited  to 
18,000,  and  were  divided  not  into  four,  but  into 
six  divisions,  each  named  after  a  Macedonian  pn»- 
vince,  from  which  it  was  to  derire  its  recruiti. 
These  bodies  are  oftener called  r^ctt  tbaH^dUoyycs 
by  the  historians,  and  their  leaders  tavisfrht  or 
strategi.  The  phalanx  of  Antiochiu  conskted  of 
16,000  men,  and  was  fimned  into  ten  divisions 
(aa^)  of  1600  each,  arranged  50  broad  and  3*2 
deep  (Appian,  Sjfr.  32  ;  Liv.  xxxrii.  40). 

In  the  general  principles  of  its  amng^Dcnt  axi 
the  modes  of  altering  its  form,  the  Mactdonian 
phalanx  resembled  the  Lacedaemonian,  thoojrh 
the  late  tacticians  do  not  always  describe  tbe 
movements  by  the  same  technical  tenns  as  Xeno- 
phon.  The  Macedonian  phalanx,  however,  alterai 
Its  form  with  great  difficulty.  If  an  attack  on  tke 
flanks  or  rear  was  apprehended,  a  separate  frcat 
was  formed  in  that  directiim,  if  poaaible  befiue  tie 
oommeneement  of  the  fight.  Soch  a  doable  pha- 
Isnx,  with  two  fronts  in  opposite  directions,  vu 
called  ^dkayi  itfAi^lffrofios,  To  gnard  agaJBst 
bein^  taken  in  flank,  the  line  was  bent  roood, 
formmg  what  was  called  the  iwucdforios  ri^is. 
The  cavalry  or  light  troops  were  not  unfreqoeQSir 
employed  for  this  purpose,  or  to  protect  the  rear 
(comp.  Arrian,  Anab,  ii  9,  iii  12  ;  Polyh  xiL 
21).  Respecting  the  relative  advantages  and  dis- 
advantages of  the  Roman  legion  and  me  phalsni, 
there  is  an  instructive  passage  in  Polybius  (xviii. 
12,  and  comp.  xil  19,  &c).  The  phalanx,  of 
course,  became  all  but  useless,  if  its  ranks  were 
broken.  It  required,  therefore,  level  and  open 
ground,  so  that  its  operations  were  restricted  to 
very  narrow  lunits  ;  and  being  incapable  of  rapid 
movement,  it  became  almost  helpless  in  the  isce  of 
an  active  enemy,  unless  accompanied  by  a  suffi- 
cient number  of  cavalry  and  light  troops. 

The  light-armed  troops  were  arranged  in  filei 
(X^X^i)  eight  deep.  Four  lochi  formed  a  (rueraffn, 
and  then  larger  divisions  were  successively  fbrmed, 
each  being  the  double  of  the  one  below  it ;  tbe 
largest  (called  ^froy/ia),  consisting  of  8192  meo. 
The  cavalry  (acoordibg  to  Aelianns),  were  ar- 
ranged in  an  analogous  manner,  the  lowest  dirisioQ 
or  squadron  (fXir),  containing  64  men,  and  the 
successive  larger  divisions  being  each  the  daabk 
of  that  below  it ;  the  highest  (£rcro7fia)  ocotsin- 
ing  4096. 

Both  Philip  and  Alexander  attached  graU  in- 
portance  to  the  cavalry,  which,  in  their  azmics, 
consisted  partly  of  Macedonians,  and  partly  of 
Thessalians.    The  Macedonian  honemen  wen  the 
flower  of  the  young  nobles.    They  amoimtcd  to 
about  1200  in  number,  forming  eight  sqvadroDS, 
and,  under  the  name  Srcupoi,  fotrmed  a  sort  0/ 
body-guard  for  the  king.    The  Thessslian  cavaliy 
consisted  chiefly  of  the  dite  of  the  weslthier  clan 
of  the  Thessalums,  but  included  also  a  number  of 
Grecian  youth  fix>m  other  statesl    There  was  also 
a  guard  of  foot-soldiers  (dmuntMrra/),  wb«m  ve 
find  greatly  distinguishing  themselves  in  the  ais- 
paigns  of  Alexander.     They  seem  to  be  ideoticai 
wiUi  the  wfCirtupot^  of  whom  we  find  mentioo. 
They  amounted  to  about  3000  men,  siraoged  in 
six  battalions  (rd^€ts).    There  was  sl»  s  troop 
called  Aigyraspids,  from  the  silver  with  which 
their  shields  were  ornamented.  [Argtraspidk.] 
They  seem  to  have  been  a  species  of  P*'***^: 
Alexander  also  organised  a  kind  of  troops  aM 
hifuix^  who  were  something  intermediate  be- 


XXERCITUa 

tvcen  tmnbj  mi  inftotrjr,  being  dmagaed  to  fight 
cB  bMseback  v  on  fiiot,  ns  drenmsUmoes  leqoiied. 

It  k  in  the  tnae  of  Alennder  tiie  Great,  thnt 
ve  fint  meet  vith  artiUeiy  in  tlM  tnin  of  a 
Giedaa  any.  Hit  baKabu  and  oaftyrftog  were 
fheqacnlij  cBjIojed  with  gnat  eflfect,  aa,  for  in- 
duce, at  Ilia  {MBg*  of  ^«  Jazaites  ( Airiaa.  iv. 
4  §  7).  AHer  the  inTasum  of  Aaia  alao  ele- 
pkaata  began  to  be  employed  in  connection  with 
Qxeott  anaiea.  (MaOer,  Aawau,  book  iii  c  12 ; 
Wachamith,gJaiiwlj  AUertkmmkumde,  book  tj  ; 
fL  F.  Hemann,  CrieeL  SlaaiaeUterA.  %  29,  30, 
Ui;  Haaae  in  Ench  and  Gruber'b  Eniyelcp. 
n  /Vaftaw/  Heeien^  R^iaetioma^  &c  ^aewi< 
fiVeaae^&ziL;  B&kh'^PiiUie.fiboaoa^^^Meaf, 
cxxlxjdi.)  [C.P.M.] 

2.  Roman.  In  the  pwaent  artxle  we  ahall 
attcnapt  to  present  a  ^iew  of  the  conatitntion  of  a 
Rsou  anay  at  aevenl  remaikahle  epocha,  and  to 
poigt  out  IB  what  reapect  the  uaagea  of  one  age 
dJoed  moA  caosfkaiuiir  finom  thoae  of  another, 
ibiiaming  anat  carefoUy  man  thoae  general  atate- 
omti  which  in  many  aroika  upon  antiqaitiea  are 
fimrwted  bioadly,  whhoat  lefeience  to  any  ape- 
cfied  tone,  aa  if  dkey  were  applicable  alike  to  the 
ic^  of  Taiqain  aiul  to  the  reign  of  Valentinian, 
iedidiii^  the  whole  intennediate  apace  within 
tlior  ¥iie  iweepi 

Dor  anthoriciea  will  enable  na  to  Ibrm  a  con- 
cepdai,  DOK  or  kea  complete,  oi  the  ofgaiuaation 
cf  2  Remaa  aimy  at  fire  perioda :  — 

1.  At  the  eatabUahment  of  the  comitia  centoriata 
of  Strriax 
^  2.  About  a  eentmy  and  a  half  after  the  expol- 
naeftbekbga. 

i  Daring  the  ware  of  the  younger  Scipio,  when 
tfe  diriplinp  of  the  troopa  waa,  perhapa,  more 
poiect  tkao  at  any  pce|Tk>na  or  anbaeqnent  era  ;  and 
acre,  fivtanately,  oar  inlonnatioii  ia  moat  complete. 

4.  la  the  limea  of  Marina,  Sulla,  and  Joliua 

0.  A  knubed  and  fifty  yean  later,  when  the 
eapiR  bad  reached  ita  culminating  point  under 
TnjuiaDdHadnan. 

Bejad  this,  we  ahall  not  aeek  to  advance. 
After  tlie  death  of  M.  Aurelina,  we  diacem  nought 
an  diaordet^  dra^,  and  diagrace  ;  while  an  in- 
^  into  the  conpiicated  anangementa  introduced 
vh<n  eray  department  in  the  atate  waa  remodel- 
Ud  by  DiKJedan  and  Conatantine,  would  de- 
■^  lengthened  and  tedioua  inveatigation,  and 
vonU  pcofe  of  little  or  no  Berrioe  to  the  daaaical 
italait 

At&ontiea,  The  nmnber  of  ancient  writers 
i»v  exttnt,  who  treat  profeaaedly  of  the  military 
*&in  of  the  RoiaanB,  ia  not  great,  and  their  worka 
ve,  with  one  or  two  ezeeptiona,  of  little  value. 
iBcoopsiabiy  the  moat  important  ia  Pdybuu, 
vbo  in  a  ftagment  preaerred  from  hia  sixth  book, 
pKMBts  HI  with  a  aketch  of  a  Roman  army  at 
toe  time  vhea  its  character  atood  higheat,  and  ita 
^ine  iraa  most  pofect  Tbia,  ao  fiur  aa  it 
IJBichei,  yields  the  beat  information  we  could  deaire. 
Toe  tact  npl  arpanrytK&if  rd^eofy  'EXXnrucw 
^  AAmn  who  fionrialied  under  Nerva,  belongs, 
■>  the  tiUe  impliea,  to  Greek  tactica,  but  con- 
^*^  aho  a  brie^  imperfect,  and  indiatinct  ac- 
wint  of  a  RoiDan  army.  The  r4xrri  toktuc^  of 
^'^  goTcnwr  of  Oqipadocia  under  Hadrian, 
V  otcapttd  in  a  great  measure  with  the  roa- 
BKQTTei  of  the  phahmx,  to  which  ia  fub joined  a 


EXERCITUS. 


489 


pnctical  ezpoaition  of  the  preliminary 
exerciaea  by  which  the  Roman  cavalry  were 
trained  ;  to  Arrian,  likewise,  we  are  indebted  for 
a  very  interesting  fragment  entitled  lirro^if  icanr^ 
'AAoyAr,  auppoaed  to  be  a  portion  of  hia  loat 
histoiy,  which  bore  the  name  'AAarucd^  conaiat- 
mg  of  inatructiona  for  the  order  of  march  to  be 
adopted  by  the  force  deapatched  againat  the  Scy- 
thiana,  and  for  the  precautiona  to  be  obaerved  in 
marahalling  the  line  of  battle.  Thia  piece  taken 
in  connection  with  the  eaaay  of  HygmMa^  of  which 
we  have  apoken  under  CAariiA,  will  aaaiat  ua 
materially  when  we  aeek  to  ibrm  a  diatinct  idea 
of  the  conatitution  of  a  Roman  army  in  the  early 
part  of  the  aecond  century.  It  remaina  for  us  to 
notice  the  Latin  ^'Scriptorea  de  Re  Militari,"* 
FroKtimma^  Modaatua^  and  VeffOiua,     The  Straie- 

of  the  first,  who  lived  under  Vespasian, 


is  merely  a  collection  of  anecdotes  compiled  with- 
out much  care  or  nice  discrimination,  and  presents 
very  little  that  is  available  for  our  present  purpose  ; 
the  UbelUu  de  Vocabulia  Bai  MUUaria  of  the 
second,  addressed  to  the  emperor  Tacitus,  affords  a 
considerable  number  of  tecnnical  terms,  but  ia  in 
such  a  confuaed  state,  and  so  loaded  with  interpola- 
tions, that  we  can  employ  it  with  little  confidence  ; 
the  Rai  MUUaria  InatUuta  of  the  third,  dedi- 
cated to  the  younger  Valentinian,  is  a  formal  treatise 
drawn  up  in  an  age  when  the  ancient  diadpline  of 
Rome  waa  no  lonser  known,  or  bad,  at  leaat,  fitUen 
into  desuetude  ;  but  the  materiala,  we  are  aasured 
by  the  author  himself  were  derived  from  sources 
the  most  pure,  auch  aa  Cato  the  Cenaor,  Ccmeliua 
Celana,  and  the  ofiicial  r^gulationa  of  the  earlier 
emperora.  Hialed  by  these  specious  nrofessiona, 
and  by  the  regularity  diaplayed  in  the  distribution 
of  the  different  sections,  many  scholars  have  been 
induced  to  adopt  the  statements  here  embodied 
without  hesitation,  without  even  asking  to  what 
period  they  applied.  But  when  the  book  is  sub- 
jected to  critical  scrutiny,  it  will  be  found  to  be 
full  of  inconsistencies  and  contradictions,  to  mix 
up  into  one  confiiaed  and  heterogeneoua  mass  the 
systems  pursued  at  epochs  the  most  remote  tcom 
ouJi  other,  and  to  exhibit  a  state  of  things  which 
never  did  and  never  could  have  existed.  Hence, 
if  we  are  to  make  any  use  at  all  of  thia  fiuiago, 
we  muat  proceed  with  the  utmoat  caution,  and 
ought  to  accept  the  noveltiea  which  it  offera,  merely 
in  illustration  or  confirmation  of  the  testimony  of 
others,  without  ever  permitting  them  to  weigh 
against  more  trustworthy  witneaaea. 

But  while  the  number  of  direct  anthoritiea  ia 
very  limited,  much  knowledge  may  be  obtained 
through  a  multitude  of  indirect  channela.  Not 
only  do  the  namtivea  of  the  historians  of  Roman 
affiurs  abound  in  details  relating  to  military  opera- 
tions, but  there  is  scarcely  a  Latin  writer  upon 
any  topic,  whether  in  proee  or  verae,  whose  pagea 
are  not  filled  with  alluaions  to  the  science  of  war. 
The  writings  of  the  jurists  also^  inscriptions, 
medals,  and  monuments  of  art  communicate  much 
that  ia  curious  and  important ;  but  even  after  we 
have  brought  Uigether  and  classified  all  these 
scattered  notices,  we  shall  have  to  regret  that 
there  are  many  things  left  in  total  darkness,  and 
many  upon  which  the  aaaertiona  of  different  wri- 
ters cannot  by  any  dexterity  be  reconciled  in  a 
satisfactory  manner.  We  shall  endeavour  to  ex- 
pound in  each  case  those  views  which  are  sup- 
ported by  the  greatest  amount  of  credible  evidence. 


490 


EXERCITUS. 


withoot  attempting  to  disciiM  tbe  various  pointB 
upon  which  controveniet  have  arisen. 

Among  the  writines  of  modem  scholan  we 
ought  to  notice  speciuly  the  dialogues  **  De  Mi- 
litia Romana**  by  the  learned  and  inde&tigable 
Zt>wi«,  in  which  the  text  of  Polybius  (vi  19, 
42),  and  a  chapter  in  Livy  (viii  8)  serve  as  a 
foundation  for  a  great  snperrtmetuze  of  illnstnition 
and  supfdementarj  matter ;  nor  must  we  foiget  the 
**  Poliorcetica"  of  the  same  author,  which  may  be 
regarded  as  a  continuation  of  the  preceding.  The 
posthumous  dissertation  of  Stilmasim  **  De  Re  mi- 
iitari  Romanorum,*^  which  displays  the  deep  read- 
ing, mixed  up  with  not  a  little  of  the  rashness,  of 
that  celebrated  critic,  is  well  worthy  of  perusal, 
and  will  be  found  in  the  **  Corpus  Antiquitatnm 
Romanarum  **  of  Cfraeviiu^  vol  x.  p.  1284.  The 
same  volume  includes  the  admirable  commentary 
of  StAetiut  on  Hjginus,  his  notes  on  Polybius, 
together  with  essays  on  various  topics  connected 
vritly  Roman  warfue  by  Boedenu,  Robertelbu, 
EryauB  Puieanus^  M.  A,  Oauaeus  (De  k  Chausse), 
Petnu  Ranuu^  Ac  A  most  elaborate  series  of 
papers  by  M.  Le  Bean  is  printed  m  the  twenty- 
fifth  and  several  succeeding  volumes  of  the  **  M^ 
moires  de  TAcad^mie  des  Inscriptions  et  Belles 
Lettres  ;**  and  although  we  are  far  from  acquiescing 
in  all  the  conclusions  at  which  he  arrives,  it  is  im- 
possible to  deny  that  in  so  for  as  focts  are  con- 
cerned, he  has  ahnost  exhausted  every  topic  on 
which  he  has  entered,  and  we  cannot  but  lament 
that  he  should  not  have  completed  the  design 
which  he  originally  sketched  out  We  may 
consult  with  profit  FolanPt  **  Commcntaire,^  at- 
tached to  the  French  translation  of  Polybius,  by 
the  Benedictine  Vincent  Thuillier,  6  tom.  4to, 
Amst  1729  ;  Guischard,  ^  M^oires  MOitaires 
Bur  les  Orecs  et  les  Romains,**  ^  tom.  4to,  La 
Haye,  1 757,  and  "  Mdmoires  Critiques  et  His- 
toriques  sur  Plusienrs  Ponts  et  Antiquitds  Mili- 
turcs,**  4  tom.  4to,  Beriin  et  Paris,  1775; 
Vdudonoourt^  **  Histoire  des  Campegnes  d^Han- 
nibal  en  Italic,**  3  tom.  4to,  Paris,  1812  ;  /7oy, 
^  Military  Antiquities  of  the  Romans  in  Britain,** 
fol.  Lond.  1793  ;  yaat^  ''  Rtimiachc  Kriegsalter- 
thUmer,**  8vo,  Halle,  1782 ;  Zo*r,  •*  Uebcr  die 
Tactile  und  das  Kriegswesen  der  Oriechen  und 
R5mer,**  8va  Kempt  1825  ;  Leknsr,  **  De  Re- 
publica  Romana  sive  ex  Polybii  Megalop.  sexta 
Historia  Excerpta,**  8vo.  Salzb.  1823. 

General  Bemarki  <m  ike  Leffioiu 

The  name  Le^io  is  coeval  with  the  foundation 
of  Rome,  and  aJwa3r8  denoted  a  body  of  troops, 
which,  although  subdirided  into  several  smaller 
bodies,  was  regarded  as  forming  an  organised 
whole.  It  cannot  be  held  to  have  been  equivalent 
to  what  we  call  a  regiment,  inasmuch  as  it  con- 
tained troops  of  all  arms,  infontry,  cavalry,  and, 
when  military  engines  were  extensively  employed, 
artillery  also ;  it  might  thus,  so  far,  be  regarded  as 
a  complete  army,  but  on  the  other  hand  the  num- 
ber of  soldiers  in  a  legion  was  fixed  within  certain 
limits,  never  much  exceeding  6000,  and  hence 
when  war  was  carried  on  upon  a  large  scale,  a 
single  army,  under  the  command  of  one  general, 
frequently  contained  two,  three,  or  more  legions, 
besides  a  large  number  of  auxiliaries  of  various 
denominations.  In  like  nuumer  the  legion  being 
complete  within  itself,  and  not  directly  or  neces- 
sarily connected  with  any  other  corps,  cannot  be 


EXEBcrruSw 

transkted  by  batfaUomj  dtviaioMj  dffnekmmt^  n 
any  other  tenn  in  ordinary  use  among  model 
tacticians.  Ancient  etymologists  agree  io  deririz 
legio  from  legtre  to  choose  (Varr.  Xb  JL  t.  §  tfi 
vi  §  66.  ed.  Miillcr ;  Plut  Rem.  13;  Non.  Mai 
cell  i.  s. «.  legiomum;  Modest  de  FoooUL  Jt,  M. 
Isidor.  Orig,  ix.  S.  §  46X  and  the  nane  endure 
as  long  as  the  thing  itsdt  Le  Beaa  and  oth^t 
are  mistaken  when  they  assert  that  in  Tacitiis,  an 
the  writers  who  followed  him,  the  woid  mmweeri  j 
frequently  substituted  for  Itgio,  for  it  will  be  sr*; 
from  the  passages  to  which  ira  giTe  refieteoMx 
below,  that  mtmeri  is  used  to  denote  eitfacr  thi 
different  corps  of  which  a  legion  was  oompoaed,  a 
a  eorps  genenlly,  without  any  alhiawn  to  thi 
legion  (Tac.  HiaL  L  6,  87.  Agrie.  18,  tmap.  Amt 
il  80,  HieL  il  69;  Plin.  £>.  iiL  8,  x.  38  ;  Vopisc 
Prob.  14  ;  Ulpian.  in  Dig.  3.  tit  3L  s.  8.  §  2 ;  29 
tit  1.  a  43,  &c  &c  See  bebw  the  renaika  oi 
the  Cohore), 

In  the  Scriptures  of  the  New  Testament,  in 
Plutarch  (e.g.  Rom,  13,  20),  and  elaewfaere,  we 
meet  with  the  Orecised  word   Xvy4mm^  but  the 


Greek  writers  upon  Roman  aflhirs  for  tlie  mat 
part  employ  some  term  borrowed  from  their  own 
literature  as  an  equivalent ;  and  smoe  ench  eqo- 
sidered  himself  at  liberty  to  select  that  which  b« 
deemed  most  appropriate  or  which  suggested  itself 
at  the  moment,  without  reference  to  the  pnccice 
of  those  who  had  gone  befiore  him,  and  without 
endeavouring  to  preserve  uniformity  even  within 
the  bounds  oi  his  own  writmga,  we  not  only  find  a 
considerable  variety  of  words  used  indiscriminately 
as  representatives  of  Legio,  but  we  find  tbe  same 
author  using  different  words  in  difierent  pussgn. 
and,  what  is  still  more  perplexing,  the  same  word 
which  is  used  by  one  author  for  the  legion  ss  t 
whole  is  used  by  others  to  indicate  aome  one  or 
other  of  the  subdivisions.    The  temw  which  w 
meet  with  most  commonly  are,  orpar^vvSor,  ^- 
XoY^,  rd^fia,  r^Xof ,  less  frequently  crp^e»f»a  and 
Tcixof.     Pcdybius  in  those  chapten  which  are  de- 
voted ezdnsively  to  a  description  of  the  leei<« 
uniformly  designates  it  by  orpar^Mar,  which  he 
sometimes  ap^es  to  an  armTjr^tnend  (e.  g.  il 
73,  86),  while  by  others  it  is  usually  employed 
to  denote  a  camp  (eas6ti).     Agahi  Polybius  git«t 
a  choice  of  three  names  fiv  the  manipJe,  vyutde^ 
ffwtlpa^  and  rdrrfia,  but  of  these  the  first  is  fin*  the 
most  part  introduced  by  othen  as  the  transhition  of 
the  Latin  vexSlumj  the  second  almost  uniform]  v« 
equivaloit  to  eohors,  and  the  third,  althoqgh  of  wi<3e 
acceptation,  is  constantly  the  representative  of  Mi. 
Dionysius  uses  sometimes,  eqiecially  in  the  eariier 
books  of  his  history,  ^dAaTf  (e.  g.  v.  67X  sime- 
times  rdyfuera  (e.  g.  vi  45,  ix.  10,  13X  or  erpa- 
TWTiich  rdyfwra  (vi  42),  and  his  example  is  W-  i 
lowed  by  Joscphus  (B.J.m.  5.  §  5 ;  6.  §  2) ; 
Appian  adopts  T4Xot  (e.  g.  AnmA,  8,  B.  d  ii  76s 
79,  96,  iii  45,  83,  92,  iv.  1 15)  ;  Plutarefa  withis  I 
the  compass  of  a  single  sentence  (3f.  Aabm.  18)  j 
has  both  rdyfun-a  and  r/Aiy ;  Dion  Casshu,  when  | 
speaking  of  the  legions  in  contradistinction  to  iae 
household  troops,  calls  them  in  one  vasBttge  vi 
troXtrucii  arpariictZa  (xxxviii   47),  in  anotbtf 
Tcixir  tSȴ  iic  KarakSyw  (rrporcvc^Mir  (Iv.  24X 
and  where  no  particular  emphasis  is  requiied,  w« 
find  trrpdrcvfta  (rh  d4Kart»  frrpdrevfta,  xzxriiL 
47.  xL  65),  Tftxes  (tow  rtrdfrev  rev  1kw$ucw 
relxowr,  Ixxix.  7),  vrpvrinniem  (xxxviii  46,  xl. 
65,  66),  and  erpen&tntieif  ix  KwraXAyeu  (xL  37 


EXBRcrrua 


EXERCITJa 


491 


map.  xl  18),  wImdm  the  IcpaaantM  are  styled 

!ii.  2),  or  nnplT  KmraXayifaMrot  Qiv,  25). 

Neitkcr  Lr^  nor  Dionyans  notice  the  fizst  ei- 
toblishsoit  of  the  l^oo,  but  they  both  take  for 
nsBted  tkd  it  ezMted  from  the  very  foimdatioa  of 
13<  dty,  whUe  Yarro  {L.  L^t,%  89)  and  Plutarch 
lA'M.  13)  ezprenly  ascribe  the  institiition  to 
lUradsA.  The  ktter  apeaka  of  the  band  led  by 
JUnaoloi  agauiflt  Amaliiia  aa  being  d|T]ded  into 
eratizia  {tatfofUF  ^vAX^Koxtffpmfif  els  imrro- 
srin)y  giving  at  the  mum  time  the  origin  of  the 
ti-fla  BKiiple,  and  the  ibiniier  statesthat  Romnloa, 
to  (stsUiih  his  legion,  took  1000  men  firam  each 

CMtHNtim  ifftim  Legkmu     The  legion  for  many 

emtarifli  ipaa  compoacd    exdnaiTely  of    Roman 

ctiBHH.    By  the  oidinacBcea  of  Senrint  Tnlfiaa 

tS«e  alone  who  were  enrolled  in  the  five  chuees 

were  eli|ible,  and  one  of  the  greatest  changes  in- 

tnriueed  by  Marina  was   the  admission  of  all 

cMcn  of  citiseDs,  indndiiig  the  lowest,  into  the 

iXBki.  (Ssfl.  Jwg.  86  ;  Plut.  Mar,  9  ;  Flor.  ia  1 ; 

G(>U.  iri  la)     Up  to  the  year  &  c.  107  no  one 

vu  pcnsittsdto  serre  among  the  regnUr  troops  of 

tW  itate  except  those  who  were  regarded  as  pos- 

mnog  a  ttraog  personal  interest  in  &e  ttabili^  of 

the  CQumoaweslth,  bat  the  principle  having  been 

>i  this  period  afamidoned,  the  privilege  was  ex- 

.cMbd  sfter  the  doae  of  the  Social  War<&  a  87) 

to  Douly  the  whole  of  the  free  popoktion  of  Italy, 

a>d  bv  the  fanoos  edict  of  Carscalla  (or  perhaps 

•f  M.  Aoidins),  to  the  whole  Roman  world.  Long 

yu«  this,  however,  the  legions  were  raised  chiefly 

u  the  provinces,  and  henee  are  ranked  by  Hyginus 

tcoog  the  pnmmdaliM  miliiia  (Jagumu  quomam 

ml  mSUut  prosimeialig  fideUadma).     £ven  nnder 

Aafrostu,  the  yoath  of  I<atiinn,  Umbria,  Etroria, 

acd  the  ancient  cokmiea,  served  chiefly  in  the 

^wsebold  troops  (Tac  Aim,  iv.  5),  who  for  this 

RiMD  sre  campUmented  by  Otho  as  Italiae  ahtnun 

^  vm  HamoM  jmxntua  (Tac.  HiU.  I  84).     Bat 

althoogh  the  Ici^ona  contained  comparatively  few 

asuTe  Italians,  it  does  not  appear  that  the  admis- 

^  of  Sareignen  not  subjects  was  ever  pmctised 

*p»  a  hige  scale  until  the  reign  of  the  second 

CIm^ms  (a.  d.  268 — ^270),  who  incorporated  a 

^  body  of  vanqniahed  Ooths,  and  of  Probus 

(i.0. 27Sr—2S2\  who  distributed  1 8,000  Germans 

lauxtf  legionaiy  and  frontier  battalions  (numerig  el 

^*^n^  mUAug,  Vopisc  Prob,  14.).     From  this 

tme&rvard  what  had  originally  been  the  leading 

"»nct«irtic  of  the  legion  was  rapidly  obliterated, 

»  tfcat  onder  Diodetian,  Constantine,  and  their 

ncuiwn,  the  beet  soldiers  in  the  Roman  armies 

vticWbarims.    The  name  Legion  was  still  re- 

biB^d  m  the  fifth  century,  since  it  24)pears  in  an 

Mjct  addieised  by  the  emperors  Arcadius  and 

HjmoriBa  to  the  prefect  Romulianus  (Cod.  Justm. 

I'-tit.  36.  a.  13)  and  also  in  the  tract  known  as 

»e  ATottis  Dumtetaai  Imperii  (c  59).     It  pro- 

n;Uy  ^d  not  fiill  into  total  disuse  until  the  epoch 

«  Jiatinianli  s'W'ay ;  but  in  the  numerous  ordi- 

MMei  of  that  prince  with  regard  to  military  affairs 

*"*«»«  hesis  m  any  way  upon  the  constitution  of 

we  legion,  nor  does  the  name  occur  in  legal  docn- 

^ti  mbaequent  to  the  above-mentioned  edict  of 

Awjdiui  ttid  Honorius. 

,^te  ia  yet  another  drcmnatance  connected 
»ith  the  MKial  poaition  of  the  aoldier  to  which  it 
*  *c7  Mceiisry  to  advert,  if  we  deaire  to  form-a 


distinct  idea  of  the  changes  gradoally  introduced 
into  the  Roman  military  system.  The  Roman 
armies  fat  a  long  period  consisted  entirely  of  what 
we  might  term  miUiia,  Eveiy  citizen  was,  to  a 
certain  extent,  trained  to  arms  during  a  fixed 
period  of  his  life  ;  he  was,  at  all  times,  liable  to 
be  called  upon  to  serve ;  but  the  legion  in  whicJi 
he  was  enrolled  vrss  disbanded  as  soon  aa  the 
special  service  for  which  it  had  been  levied,  was 
perfonned  ;  and  although  these  calls  were  frequent 
in  the  eariy  ages  of  the  kingdom  and  the  common- 
wealth, when  the  enemies  of  the  republic  were 
ahnost  at  the  gates,  yet  a  few  months,  or  more 
fineqnently,  a  few  weeks  or  even  days,  sufficed  to 
decide  the  fortunes  of  the  campaign.  The  Roman 
annalists  assure  us  that  a  Roman  army  had  never 
wintered  in  the  field,  until  more  than  three  cen- 
turies aAer  the  foundation  of  the  city,  when  the 
blockade  of  Veil  required  the  constant  presence  of 
the  besiegers.  As  the  scene  of  action  became 
by  degrees  ferther  removed  from  Latium,  when 
southern  Italy  and  Sicily  were  now  the  seat  of 
war — when  the  existence  of  Rome  was  menaced 
by  the  Carthaginian  invasion — when  her  annies 
were  opposed  to  such  leaders  as  Pyrrhua,  Hamilcar, 
and  Hannibal  —  it  waa,  of  course,  impoaaible  to 
leave  the  foe  for  a  moment  unwatched  ;  and  the 
exigencies  of  the  state  rendered  it  nccesaary  that 
the  same  legions  and  the  same  soldiers  ahould 
remain  in  activity  for  several  years  in  auccesaion. 
This  protracted  serrice  became  inevitable  as  the 
dominion  of  Rome  extended  over  Greece  and  Asia, 
when  the  distances  rendered  frequent  relief  im- 
practicable ;  but  down  to  the  very  termination  of 
the  republic,  the  ancient  principle  was  recognised, 
that  when  a  campaign  waa  concluded,  the  aoldier 
waa  entitled  to  return  home  and  to  resume  the 
occupation  of  a  peacefiil  citizen.  It  waa  a  con- 
viction that  their  leader  had  broken  faith  with 
them  by  commencing  a  new  war  against  Tigranes, 
after  the  defeat  of  Mithridatea,  their  proper  and 
legitimate  opponent,  which  induced  the  troops  of 
Lucnllus  to  mutiny,  and  compelled  their  leader  to 
abandon  his  Armem'an  conquests.  Hence,  for  up- 
wards of  seven  centuries,  there  was  no  such  thing 
as  the  military  profeaaion,  and  no  man  conaidered 
himaelf  as  a  soldier  in  contradistinction  to  other 
callings.  Every  individual  knew  that  he  was 
bound  as  a  member  of  the  body  politic  to  perform 
certain  duties;  but  these  duties  were  performed 
without  distinction  by  all — at  least  by  all  whose 
stake  in  the  prosperity  of  their  country  was  con- 
aidered aufficient  to  inaure  their  seal  in  defenduig 
it ;  and  each  man,  when  his  share  of  thia  obligation 
was  discharged,  returned  to  take  his  place  in 
society,  and  to  pursue  his  ordinary  avocations. 
The  admission  of  the  CapilB  Censi  into  the  ranks, 
persons  who,  probably,  found  their  condition  as 
soldieiB  much  superior  to  their  position  as  civilians, 
and  who  could  now  cheriah  hopes  of  amassing 
w^th  by  plimder,  or  of  rising  to  honour  as  ofiicera, 
tended  to  create  a  numerous  class  disposed  to  de- 
vote themselves  permanently  to  a  military  life  as 
the  only  somre  from  whence  they  could  secure 
comfort  and  distinction.  The  long-continued 
operations  of  Caesar  in  Oaul,  and  the  necessity 
imposed  upon  Pompeius  of  keeping  up  a  large 
force  as  a  check  on  his  dreaded  rival,  contributed 
stronffly  to  nourish  this  feeling,  which  was,  at 
length,  fully  developed  and  confirmed  by  the  civil 
broils  which  lasted  for  twenty  years,  and  by  the 


493 


EXERCITU& 


prsctiee  first  introduced  upon  a  large  'scale,  after 
the  Mithiidatic  wars,  of  granting  pensbns  for  long 
senrice  in  the  shape  of  donations  of  land.  Hence, 
when  Augustus  in  compliance,  as  we  are  told  by 
Dion  Cassias  (liL  27),  with  the  advice  of  Maecenas, 
determined  to  proTide  for  the  security  of  tho 
distant  provinces,  and  for  tranquil  submission  at 
home  by  the  establishment  of  a  powerful  standing 
army,  he  found  the  public  mind  in  a  great  degree 
prepared  for  such  a  measure,  and  the  distinction 
between  soldier  and  cirilian  unknown,  or  at  least 
not  recognised  before,  became  from  this  time  for- 
ward as  broadly  marked  as  in  the  most  pure  mili- 
tary despotisms  of  ancient  or  modem  times.  In 
this  place,  we  are  required  simply  to  call  attention 
to  the  foct  —  it  beloQgs  to  the  philosophic  historian 
to  trace  the  results. 

7%e  nmmhermg  of  ikt  lagioiu  and  ikdr  (idet. 
The  legions  were  originally  numbered  according  to 
the  order  in  which  they  were  raised.  Thus  in  the 
early  part  of  the  second  Punic  war,  we  hear  of  the 
fouxth  legion  {rh  riraprow  OTpatrdreSor),  being 
hard  weMod  by  the  Boii  (Polyb.  iil  40)  ;  the 
tenth  legion  plays  a  conspicuous  part  in  the  histoiy 
of  Caesar  as  his  forourite  corps  (Dion  Cass. 
xxxviiL  17),  and  the  cabinets  of  numismatologists 
present  us  with  an  assemblage  of  denarii  struck  by 
M.  Antonius  in  honour  of  Uie  legions  which  he 
commanded,  exhibiting  a  regular  series  of  numbers 


from  1  up  to  30,  with  only  four  blanks  (25,  27, 
28,  29).  As  the  legions  became  pennanent,  the 
same  numbers  lemuned  attached  to   the  same 


EXERCITUS. 
corps,  which  were  moreoTer  distingiualMd  bj  TaB< 
epithets  of  which  we  have  eaiiy  examplai  in  i 
Leffio  Martia  (Cic.  PUfijp.  r.  2  ;  VdL  Pat.  ii.  6 
Dion  Cass.  xIt.  13  ;  Appian,  B,  C,  iv.  1 15),  and  t 
Legio  QKcate  Ahmda,     [Alaitda.] 

Dion  Gassius,  who  flooiished  under  Alexan^ 
Seyens,  tells  us  (Iv.  23)  that  the  militarr  eata 
lishment  of  Ao^^nstus  consisted  of  tweoty-thcee 
twenty-five  legions  (we  know  from  Tac  Amm,  it. 
that  twenty-five  was  the  real  numberX  of  trhi* 
nineteen  still  existed  when  he  wrote,  tlie  reat  ha 
ing  been  destroyed,  dispened,  or  inoocpoiated  I 
Augustus  or  his  soocessorB  in  other  legionsL  h 
gives  the  names  of  nineteen,  md  the  localitii 
where  they  were  stationed  in  his  own  day,  addiz 
the  designations  of  those  which  had  been  laiaed  b 
subsequent  emperon.  This  list  baa  been  eonaida 
ably  enlarged  from  inscriptions  and  otber  anthc 
rides,  whidi  supply  also  seveial  additioDal  title 
We  give  the  catalogue  as  it  stands  in  the  pages  c 
the  historian,  and  refer  those  wlio  deaixe  mor 
complete  information  to  the  ooOectiflna  of  Romai 
Inscriptions  by  Grater  and  Orelli,  to  tbe  fifth  booi 
of  the  CommmL  Rmp.  Rom,  of  Wol%aag  Lazios 
foL  France  1598,  and  to  EckheL.  Dodrma  Awut 
Fee  voL  VL  p.  50,  voL  viiL  p.  488.  In  tbe  foUov 
ing  table  an  asterisk  is  subjoined  to  the  nineteen 
legions  of  Augustus,  to  the  remainder  the  name  oj 
the  prince  by  whom  they  vrere  first  levied ;  tLe 
epithets  iadnded  vrithin  brackets  are  not  giveq 
by  Dion,  but  have  been  derived  fitm  variocu 
sources:  — 


Number  of  the 
Legion. 

Title. 

By  whom  raised. 

Where  stotioned  in  the  i^  of       ' 
Dion  Casoiua.                     { 

Prima 
Secunda 

Italica 

Adjutrix 

Minervia 

Parthica 

Augusto 

Adjutrix 

^^tiaTrajana 

Media  (Parthica) 

Augusta 

Gallica 

Cyrenaica 

Italica 

Parthica 

Scythica 

Flavia  (Felix) 

Macedonica 

Victrix 

Fenata 

Claudia 

(Gemina) 

Augusta 

Gemina 

(Fretensis) 

CUudia 

Fulminatrix 

Gemina 

Gemina 

Apollinaris 

Valeria  Victrix 

Nero 
Galba 
Domitianus 
Sept  Severus 

Trejanus 
M.  Antoninus 
Sept  Severus 

<• 

<• 
M.  Antoninus 
Sept  Severus 

* 
• 
* 
Galba 

* 
* 
* 
* 
• 
* 
* 
* 
• 

Tmjanus 

Hiberna  in  Mysia  Inferiore. 
Pannonia  Inferior. 
Germania  Inferior. 

Hibema  in  Britannia  Superiore. 
Pannonia  Inferior. 
(Egypt?) 

Noncum. 

Italia. 

Numidia. 

Phoenicia. 

Arabia. 

Rhaetia. 

Mesopotamia. 

Syria 

Syria. 

Dacia. 

Britannia  Inferior. 

Judaea. 

Mysia  Superior. 

Hispania. 

Germania  Superior. 

Pannonia  Superior. 

Judaea. 

Mysia  Inferior. 

Cappadocia. 

Dacia. 

Pannonia  Superioi; 

Hibema  in  Gennania. 
(Germania?). 

Tertia 

Quarta 

Quinta 

Sexta 

Septima 

Octava 
Decima 

Undecima 
Duodecima 
Decima  Tertia 
Decima  Quarta 
Decima  Quinta 
Vigesima 

Trigesima 

Ulpia  (Victrix) 

SZJBRC1TU& 

Oq  tkii  we  mj  renoaik — 
].  That  stfcnl  legions  bon  tbe  nme  nnmber: 
^ka  dien  voe  four  /Itf^iA^  five  Seeomdty  and  fire 

2.Thetitki  were  dernred  from  wiooB  diemii- 
itaicei;  sPBie  indicated  tlie  deity  xmder  whose 
pstrasiie  tke  kgnns  were  piaoed,Hich  as  JlfMoroMi 
aaiJpoOmaru;  some  the  coimtrf  in  which  thej 
bd  been  levied  or  vecridted,  as  ItaUeetf  Mom- 
dgaka^CfoBka;  or  die  scene  oi  their  most  bril- 
bat  adoevcments  as /\ir«ft«n,  S^iAfteii  /  MOM  the 
cBpoir  under  whom  thej  had  served  or  by  whom 
tJKT  iisd  hen  created,  as  Amgm$ta^  Mavioj  Ulpia; 
nee  a  tpedd  serrioe,  as  Oamdiama  ISa  Feli»^ 
aff^  to  the  7th  and  llth,  which  had  remained 
tnie  to  tksr  alkgianee  daring  the  rebellion  of 
CaaiDii,  pnefect  of  Dalmatia,  in  the  reign  of 
Cbndiea  (Dba  Gas.  be  15)  ;  some,  the  fret  that 
aoedn  Iqpon  had  been  xnooiporated  with  them  ; 
it  least,  thie  is  the  expUmatum  given  by  Dion 
CaiEiai  of  tbe  epthet  Cfeaum  (A/^iaX  and  there 
tPfDsEttkdoobt  that  he  ia  correct.  (SeeEckhel, 
wL  m  p,  472L) 

1  The  suae  legions  appear  in  certain  cases  to 
bare  bees  qoartered  in  the  same  districts  for  cen- 
taries.  Thoe  the  Stemmda  At^mtta^  the  .Sterto  Fie- 
»«,  lod  the  Vieaima  FiefriK,  which  were  stationed 
ia  Britain  when  Dion  drew  ap  his  etateracnt,  were 
tfcee  io  the  age  of  the  Antonines,  ss  we  leam  from 
PuJkmj  (u.  31),  and  the  first  of  them  as  early  as 
ths  reign  of  Claadins.     (Tac  HiaL  m.  22, 24.) 

4.  The  six  legions  of  Angustos  which  had  dis- 
ippeared  when  Dion  wrote,  were  probably  the  fol- 
kviag,  whose  existence  in  the  early  years  of  the 
RBpire  can  be  demonstrated:  Prima  Qermamea; 
QiaTte  Maemkmiea  ;  Qmnta  Almida;  Noma  Hu- 
foM;  Dedan  Smta  CfaOiea;  V^ttima  Prima 
Rijfax;  besides  these,  it  woold  seem  that  there 
was  a  ttoond  fifteenth  and  a  twenty-second,  both 
ca&iedPhsnpsBMS,  and  one  of  these  onght,  perhaps, 
to  be  nbstitiited  for  the  second  twentieth  in  tne 
alwTe  table,  since  the  words  of  Dion  with  regard  to 
^  latter  are  very  obscore  and  i^>parently  corrupt 

5.  We  find  notices  also  of  a  Prima  Macriama 
IS^eratna  raised  in  Africa,  after  the  death  of  Nero, 
bf  Clodnis  Macer ;  of  a  2)eenNa  5Mto  f%ima /^rnia 
iKKd  by  Vespasian ;  and  of  a  Viguima  Secmtda 
DatBtanama^  apparently  or%inally  a  fi>reign  corps, 
niaed  by  Deiotaras,  whi<£,  eventmdly,  like  Uie 
Ainia  of  Caessr,  was  admitted  to  the  name  and 
pmilegeiofaRoDian  l^iion. 

6.  h  wiO  be  seen  that  the  nnmben  XVII., 
XVIII^  XIX.  are  altogether  wanting  in  the  above 
hiL  We  know  that  the  XVIII.  and  XIX.  were 
(wo  of  the  legions  commanded  by  Varus,  and 
We  it  is  probable  that  the  XVII.  was  the  third 
iB  that  iU.fiited  host 

7.  The  total  mmiber  of  legions  nndcr  Augnstos 
vtt  tventj-five,  nnder  Alexander  Sevems  tnirty- 
tvQ,  bat  dnring  the  civil  wars  the  nnmber  was  fiir 
gnater.  Thns,  when  the  second  triumvirate  was 
fonaed  tbe  fioices  of  the  confedenUes  were  calcu- 
hted  at  ibrly-three  legions,  which,  after  the  battle 
of  Pbilippi,  had  dwindled  down  to  twenty-eight 
(Afpian,  fi.  C.  v.  e)  ;  but  a  few  yean  afterwards, 
vben  «ar  between  Octavianus  and  M.  Antonius 
vai  inuninent,  the  finner  alone  had  upwards  of 
^  legions,  and  his  adversaries  nearly  the  same. 
(Appiao,  B.  C.  V.  53.)  In  order  that  we  may  be 
*Ue  to  fenn  some  idea  of  the  magnitnde  of  diese 
ud  other  annies,  we  must  next  consider 


EXERCITU&  498 

Tis  mmber  o//bot  tofdien  m  a  Ramm  UgUm,-^ 
Although  we  can  determine  with  toienhle  certainty 
the  nnmber  of  soldiers  who,  at  different  periods, 
were  contsined  in  a  leffion,  we  must  bear  in  mind 
that  at  no  epoch  does  Uiis  number  appear  to  have 
been  absolutely  fixed,  but  to  have  variMl  withm  mo- 
derate limits,  espedaUy  when  troops  were  nquired 
fiv  some  special  or  extraordinary  service.  The 
permanent  changes  may  be  refened  to  fixir  epochs* 

1.  UndMT  tktKwfft.—Ymo  {L. L.y.%  89)  and 
Plutarch  {R<nn,  13),  both  of  whom  describe  the 
first  establishment  of  the  legion,  agree  that  nnder 
Romuhis  it  contained  3000  foot  soldiers.  The 
words  of  Plutarch  indeed,  in  a  subsequent  passage 
(/Zbm.  20),  would,  at  first  sight,  appear  to  imply 
that  after  the  junction  with  the  8abines  the  num- 
ber was  raised  to  6000  ;  but  he  must  be  understood 
to  mean  two  legions,  one  from  each  nation.  It  is 
highly  probable  that  some  change  may  have  been 
introdueed  by  Scrvius  Tnllius,  but,  in  so  far  as 
numbers  are  concerned,  we  have  no  evidence. 

2. /Hm  Its  ei^pifUiM  o/l*e  rai^  «sia /As  seooail 
year  t^ikt  mami  Pume  War. — The  regular  num- 
ber during  this  space  of  time  may  be  fixed  at  4000 
or  4^  infrntry.  According  to  Dionysius  (ri.  42) 
M.  Valerius,  the  brother  of  Publicola,  raised  two 
legions  (&  a  492),  each  consisting  of  4000,  and 
Livy,  in  the  first  passage,  where  he  specifies  the 
numbers  in  the  lepms  (vi  22,  &  c.  378),  reckons 
them  at  4000,  and  a  few  years  afterwards  (vii.  25, 
B.  a  346)  he  tells  us  that  legions  were  raised 
each  containinff  4200  foot  soldios,  and  300  horse. 
The  legion  which  possessed  itself  of  Rhegium 
(&  a  281—271)  is  described  (Liv.  xxviiL  28)  as 
having  consisted  of  4000,  and  we  find  the  same 
nmnbtf  in  the  first  year  of  the  second  Punic  War 
(Liv.  XXL  17,  &  a  218).  Polybhis,in  like  manner 
(i  16),  fixes  the  number  at  4000  in  the  second 
year  of  the  first  Punic  War  (b.  c  263),  and  again 
in  the  first  year  of  the  second  Punic  War  (iii.  72, 
&  a  218).  In  the  war  against  Veii,  however, 
when  the  Romans  put  forth  all  their  energies,  ac- 
cording to  Dionysius  (ix.  13),  an  army  was  raised 
of  20,000  infrntzy  and  1200  cavalry,  divided  into 
fi>ur  legi(»is  ;  and,  according  to  Polybins  (ii  24), 
in  the  war  against  the  Gauls,  which  preceded  the 
second  Punic  War,  the  legions  of  the  consuls  con- 
sisted of  5200  infrntry,  while  those  serving  in 
Sicily  and  Tarentnm  contained  4200  only,  a  proof 
that  the  latter  was  the  ordinary  number. 

3.  ^FVom  thB  meomd  ffear  ^  tfts  ueomi  Pmne 
War  untU  the  eonsuUkip  of  Marim,  —  During 
this  interval  the  ordinary  number  may  be  fixed 
at  from  5000  to  5200.  Polybius,  mdeed,  in 
his  treatise  on  Roman  warfiire,  lays  it  down 
(vi.  20)  that  the  legion  consists  of  4200  foot  sol- 
diers,  and  in  cases  of  peculiar  danger  of  5000. 
However,  the  whole  of  ue  space  we  are  now  con- 
sidering, was  in  fiict  a  period  of  extraordinary 
exertion,  and  hence  from  the  year  B.C.  216,  we 
shall  scarcely  find  the  number  stated  under  5000 
(e.  g.  Polyb.  iii.  107,  Liv.  xxiL  36,  xxvL  28, 
xxxix.  88),  and  after  the  commencement  of  the 
Ligurian  war  it  seems  to  have  been  raised  to 
5200  (Liv.  xl.  1,  18,  36,  xlL  9,  but  in  xli  21  it  is 
again  5000).  Tlie  two  legions  which  passed  over 
into  Africa  under  Scipio  (b.  c.  204)  contamed  eadi 
6200  (Liv.  xxix.  24),  those  which  senred  against 
Antiochus  5400  (Liv.  xxxvii  39),  those  employed 
in  the  last  Macedonian  war  6000  (Liv.  xlii.  31,  xlir. 
21,  comp.  xliii.  12),  but  ^ese  were  special  cases. 


494 


EXERCITUa 


4.  From  the  first  eoiuuldiip  of  Afanus  (&  c. 
107)  MMtil  the  extmetion  of  Ike  legion,  —  For  some 
centuries  after  Mariiu  the  numbcn  varied  from 
5000  to  6200,  generally  approaching  to  the  higher 
limit  Festiu  («.  v.  eeae  millium  et  dtieentonim) 
expressly  deckues  that  C.  Marius  laised  the  num- 
bers from  4000  to  6200,  but  his  system  in  this 
respect  was  not  immediately  adopted,  for  in  the 
army  which  SuUa  led  against  Rome  to  destroy 
his  rival,  the  six  complete  legions  (l(  rdyfiara 
WAfia)  amounted  to  30,000  men  (Plut  SuU,  9, 
Mar,  35,  but  the  text  in  the  latter  passage  is 
doabtfol).  In  the  war  against  Mithridates  again, 
the  30,000  men  of  Lucullus  formed  fire  legions 
(Appian.  Mitkr,  72).  Comparing  Plutarch  {Oo, 
36)  with  Cicero  (ad  AtL  t.  15),  we  conclude 
that  the  two  legions  commanded  by  the  latter 
in  Cilida  contained  each  6000.  Caesar  never 
specifies  in  his  Commentaries  the  number  of  men 
in  his  legions,  but  we  infer  that  the  13th  did 
not  contam  more  than  5000  (B,  CI  i  7),  while 
the  two  mentioned  in  the  fifth  book  of  the  Gallic 
war  (c.  48,  49)  were  evidently  incomplete.  In 
Appian,  M.  Antonius  is  represented  as  calcu- 
lating the  amount  of  28  legions  at  upwards  of 
170,000  men,  that  is  nearly  6100  to  each  legion, 
but  he  seems  to  include  auxiliaries  (r&y  <nnrraff' 
trofUvmw),  During  the  fint  century  the  standard 
force  was  certainly  6000,  although  subject  to  oon- 
stout  variations  according  to  circumstances,  and 
the  caprice  of  the  reigning  prince.  The  legion  of 
Hadrian,  if  we  can  trust  Hyginus,  was  5!&0,  of 
Alexander  Severus  5000  (Lamprid.  Seo,  50),  that 
described  by  Vegetius  (iL  6),  to  whatever  period 
it  may  belong,  6100,  and  most  of  the  grammarians 
agree  upon  6000  (e.  g.  Serv.  ad  Virg.  Aen,  vii 
274  ;  Isidor.  Orig.  ix.  3.  §  46  ;  Snidai,  9, «. 
Aryciiv,  but  Hesyehins  gives  6666).  The  Jovi- 
ans  and  Herculeans  of  Diocletian  and  Moximian 
formed  each  a  corps  of  6000  (Ve^t  117),  but 
beyond  this  we  have  no  clue  to  guide  us.  If  we 
believe  the  rdr/fuera  of  Zosimus  and  the  iipt$/ioi 
of  Sosomen  to  designate  the  legions  of  Honorius, 
they  must  at  that  epoch  have  been  reduced  to  a 
number  varying  from  1200  to  700. 

Number  of  Cavalry  attacked  to  Ike  Legion,-^ 
According  to  Vairo  and  the  other  authorities  who 
describe  the  original  constitution  of  the  legion,  it 
consisted  of  3000  infiintry  and  300  cavalry.  The 
number  of  foot  soldiers  was,  as  we  have  seen 
above,  gradually  increased  until  it  amounted  to 
6000,  but  the  number  of  horMmen  remained  al- 
ways the  same,  except  upon  particular  occasions. 
In  those  passages  of  Livy  and  Dionysius,  where 
the  numbers  of  the  l^on  are  specified,  we  find 
uniformly,  amid  all  the  variations  with  regard  to 
the  infantiy,  300  horsemen  set  down  as  the  regular 
complement  (juttue  eguitaiut)  of  the  legion. 

^olybius,  however,  is  at  variance  wiUi  these  au- 
thorities, fear  although  in  his  chapter  upon  Eloman 
warfiure  (vi  20)  he  gives  300  as  the  number,  yet 
when  he  is  detailing  (ill.  107)  the  military  pre- 
parations of  the  year  B.&  216,  after  having  re- 
marked that  each  legion  contained  5000  infantry, 
he  adds,  that  under  ordinary  circumstances  it  con- 
tained 4000  infimtry  and  200  cavalry,  but  that 
upon  pressing  emergencies  it  was  increased  to 
5000  infantry  and  300  cavalry,  and  this  repre- 
sentation is  confirmed  by  his  review  of  the  Roman 
forces  at  the  time  of  the  war  against  the  Cisalpine 
Gauls  (ii.  24).    It  is  true  that  when  narrating  the 


EXERCITUa 

events  of  the  first  Punic  War,  he  m  one  pba 
(L  16)  makes  the  legions  to  conaist  of  4000  is- 
fiuitry  and  300  cavalry ;  and  in  the  paaaage  r^ 
ferred  to  above  (iL  24)  the  oonwilar  kfiotu 
amounted  to  5200  infimt^  and  300  ca^ahy,  hL.\ 
both  of  these  were  pressing  eDseigcncie&>  Tfa< 
statements,  therefisre,  of  Pdybina  u^on  tfaia  pdni 
are  directly  at  variance  with  thoae  of  Dionjsiiu 
and  Livy,  and  it  does  not  seem  pOHible  to  re- 
concile the  discrepancy.  There  are  two  pasogei 
in  the  last-named  historian  which  mi^t  appear  to 
bear  out  the  Greek  (Liv.  xxii.  36,  xliL  31 X  but 
in  the  fint  he  is  evidently  alladinff  to  the  aseer- 
taons  of  Polybius,  and  in  the  eecond  the  best  edit- 
ors agree  in  considering  the  text  coRnpt,  and  that  we 
should  substitute  dmoempediiee  for  dmeemi  eqmUa. 

When  troops  were  raised  for  a  servioe  which  re- 
quired special  arrangements,  the  number  of  horse^ 
men  was  sometimes  increased  beyond  300.  Thus 
the  legion  despatched  to  Sardinia  in  b.  c.  215  (Lir. 
zxiiL  34)  consisted  of  5000  infisntry  and  400 
cavalry,  the  same  number  of  honemen  was  at- 
tached to  a  legion  sent  to  Spain  in  &  c  180  ondtr 
Tiberias  Sempronius  (Liv.  xL  36),  and  in  b.c. 
1 69  it  was  resolved  that  the  l^ions  in  Spain  should 
consist  of  5000  infiuitry  and  330  cavalry  {lir, 
xliii.  112),  but  in  the  war  agunst  Peraena  wfaeo 
the  infimtiy  of  the  legions  was  raised  to  6000  the 
cavalry  retained  the  ancient  number  of  300.  (  Li  r. 
xliL  31.)  It  must  be  observed  that  tbeae  renaiki 
with  ttpixA  to  the  cavalry  apply  only  to  the  period 
before  Marina ;  about  that  epodi  the  ayatem  ap- 
pears to  have  undergone  a  very  material  change, 
which  wOl  be  adverted  to  in  the  proper  places 

We  now  proceed  to  consider  the  oiganiaaticn  of 
the  legion  at  the  five  periods  named  above. 

First  Period,  Sermm  TUIikb.— The  legion  of 
ServiuB  is  so  doaely  connected  with  the  Comitia 
Centuriata  that  it  has  already  been  diaooased  in  a 
former  artide  [0>MrriA],  and  it  b  only  necessary 
to  repeat  here  that  it  was  a  phahuuc  equipped  is 
the  dreek  fiishion,  the  front  ranks  beiqg  limiished 
with  a  complete  suit  of  armour,  their  weapons 
being  loiuj^  spears,  and  their  chief  dfffnoe  the  roond 
Argolic  shield  (cUpeue), 

Second  Period,  The  Oreo*  Latm  VTor,  &c 
340. —  Our  sole  authority  is  a  single  chapter  in 
Livy  (viii.  8),  but  it  **  is  equalled  by  fewoihen  in 
compressed  richness  of  information,^  and  is  m  it- 
self sufficiently  intelligible,  aJthoogh  turtured  and 
elaborately  corrupted  by  Lipsins  and  others,  who 
were  determined  to  force  it  into  hoanooy  with  the 
words  of  Polybius,  which  represent,  it  is  true,  most 
accurately  the  state  of  a  Roman  army,  but  of  a 
Roman  army  as  it  existed  two  eenturiea  afterwards. 
According  to  the  plain  and  obvious  sense  of  the 
passage  in  question,  the  legion  in  the  year  b.  c. 
340  had  thrown  aside  the  arms  and  idmost  en- 
tirely discarded  the  tactics  of  the  phalanx.  It  was 
now  drawn  up  in  three,  or  perhaps  we  ought  to  tajr, 
in  five  lines.  The  soldiers  of  the  first  Kne,  colled 
Hastati^  consisted  of  youths  in  the  first  bloom  of 
manhood  (JUtremjwemsmpubeeeetdmmiumiUiiam) 
distributed  into  fifteen  companies  or  maniples  (im- 
mipaU)^  a  moderate  space  being  left  between  each. 
The  maniple  contained  sixty  privates^  two  oentu- 
rions  {eeiitarioites)^  and  a  standard  bearer  (eenZbi- 
rittf) ;  two  thirds  were  heavily  armed  and  bore 
the  ecuhsm  or  large  oblong  shield,  the  remainder 
carried  only  a  spear  (htuta)  and  light  javelins 
iSfoeaa),    The  second  Ime,  the  Prme^tes,  was  com- 


CXBRCITUS. 

Mied  of  men  in  tlie  f  iiB  Ti^tmr  of  Iif«,  divided  in 
See  ffluiMer  intD  fifteen  raanipleA,  all  hearilj  vmed 
{tnOaii  imnaa\  aod  distiqguuhed  by  tlie  qdendoar 
cltkdr  eqiiipaieDts  {maigmlm*  muueime  armi$).  The 
tvo  lines  of  the  /fttsftift'  and  Prmeqm  taken  together 
jai>t>antied  to  thiitj  muiiplea  and  fonned  the  A»U- 
}^aL  The  third  line,  the  Triarii^  compoaed  of 
tmi  Tctexana  {mtenmum  mUUem  speekUae  vtrfirfu), 
«a«  abo  IB  fifteen  diriaiona,  bat  each  of  these  was 


EXERCITUS.  495 

tri|>le,  containing  3  manipnli,  1 80  privrntea,  6  cen- 
turiona,  and  3  vexillarii.  In  these  triple  manipoli 
the  Teteiana  or  triarii  proper  formed  the  front 
ranks ;  immediately  behind  them  atood  the  Aoran'a; 
inferior  in  age  and  proweas  (mtmw  roboHs  oBtaU 
/aetugm\  while  the  Acomm  or  supemamerariei, 
less  trustworthy  than  either  (mimimoB  fidwdoB 
aKMwm),  were  posted  in  the  eztieroe  nar.  The 
battle  amy  may  be  thus  represented . 


c 

n 

1 

D     C 

1 

I        III 

ISManipoU 
ofHutati. 

D 

1 

1 

1 

1 

J  -L 

1     1       1 

ISManipoU 

of  Prindpet. 

Tnani  proper 

1        II       II       II       II        1 

15  triple 

Roarii . 

r 

n 

III! 

Manipuli  of 

TrioriL 

Accenn  .    . 

.c 

3 

1 

J     L 

1 

ill! 

Tlie  fight  was  commenced  by  the  Romrii^  so 
called  becaaae   the    ligbt   missiles    which    they 
fpricUed  among  the  foe  were  like  the  drops  which 
are  the  iorenmners  of  the  thmider  shower  (Festos 
1. 1.  Korarioi  mSSUs\  who,  numing  forward  be- 
tween the  anks  of  the  amtepilani,  acted  aa  tirail- 
Iran  ;  when  th^  were  driven  in  they  returned  to 
ihcr  gtaHion  behind  the  triarii,  and  the  battle 
br^  in  earnest  by  the  onset  of  the  hastati ;  if 
iher  wtre  unable  to  make  any  impression  they  re- 
lired  between  the  xanka  of  the  prindpes,  who  now 
adraaoed  and  bore  the  brunt  of  the  combat,  sup- 
ported bj  the  hastati,  who  had  rallied  in  their  rear. 
If  tbe  frinapea  also  fiuled  to  make  an  impression, 
Ukt  ledml  through   the   openings  between  the 
cosiples  of  the  triarii,  who  up  to  this  time  had 
brai  craoched  en  the  gnmnd  (hence  called  m(6- 
A/ssm)i  hut  now  anae  to  make  the  last  effort 
(wh«oee  the  phxaae  reus  ad  triarUa  redisM),    No 
Wager  vetaming  the  open  order  of  the  two  first 
liDa,  they  closed  up  their  ranks  so  as  to  present 
aa  onbraken  line  of  heaTy- armed  Teterans  in  front, 
vbile  the  lorsrii  and  acoensi,  pressing  up  fixmi  be- 
bai,  gate  weight  and  consistency  to  the  mass,  — 
■n  arrangement  bearing  evidence  to  a  lingering  f^e- 
dlkdioQ  for  the  principle  of  the  phalanx,  and  ez- 
liibitmg;  just  as  we  might  expect  at  that  period, 
the  Roiina  tactics  in  their  transition  state.     It 
atut  be  observed  that  the  words  ordo,  manipulu$^ 
vaUboL,  although  generally  kept    distinct,    are 
tAnn^hoot  the  chapter  used  as  synonymous  ;  and 
in  tike  unnner,  Polybius,  when   describing  the 
aaniple,  remarks  (tl  20),  icol  t^  fUy  fUpos  ^ko- 
0Tor  ixixtnaf  jcol  rdryita  fCcd  ffwtipw  icol  ffrifjudw, 
livy  conchidea  by  saying,  that  four  legions  were 
coanaoDlj  leried,  each  consisting  of  5000  infimtry 
■nl  300  hone.    We  must  suppose  that  he  speaks 
mnond  numben  in  so  fiur  as  the  infantry  are  con- 
cme^  for  according  to  their  own  calcubitions  the 
Bsmboi  will  stand  thus :  — 
Hastati  .        .        .     15xG0  =900 


Principes 
Triarii,  Ac 
Centariones 
VeriSarii 


15x60  »    900 

15x3x60    =2700 

.       .        «    150 

=      75 

4725 


In  deference  to  a  great  name,  we  ought  not  to 
omit  mentioning  that  Niebuhr  (ffitt,  of  Bome^ 
ToL  iiL  p.  97),  while  he  admita  that  the  text  of 
Livy  is  sound  and  conaistent  with  itself  ugnea, 
we  venture  to  think,  somewhat  unreasonably,  that 
he  did  not  understand  his  excellent  materials,  and 
although  clear  at  first,  became  eventually  completely 
bewildered  and  wrote  nonsense. 
•  7%ird  Period,  Polytntu,  —  Polybius  describes 
minutely  the  method  pursued  in  raising  the  four 
legions,  which  under  ordinary  circumstances  were 
levied  yearly,  two  being  assigned  to  each  consul. 
It  must  be  observed  that  a  regular  consular  army 
(jtuttu  eomsmlaris  awmJtes)  no  longer  consisted  of 
Roman  lesions  only,  but  as  Italy  became  gradually 
subjugated,  the  various  states  under  the  dominion 
of  Rcnme  were  bound  to  furnish  a  contingent,  and 
the  number  of  allies  itoeii)  usually  exceeded  that 
of  citizens.  They  were,  however,  kept  perfectly 
distinct,  both  in  the  camp  and  in  the  battle  field. 

1.  After  the  election  of  consuls  was  concluded, 
the  first  step  was  to  choose  the  twenty-four  chief 
officera  of  the  legions,  named  tributu  mSMtttm^  and 
by  the  Greek  writers  x^^^X"*^  Of  these,  four< 
teen  were  selected  from  persons  who  had  served 
five  campaigns  of  one  year  (armua  ttipenduiy  ivicuh- 
aims  arpofrfias)  and  were  termed  juatbres  (o/  kci6- 
T€poi  T»y  X*^'^Xv)*  the  remaining  ten  (sMtoret, 
wp€aSvr4poi\  from  those  who  had  served  for  ten 
campaigns.  The  manner  of  their  election  will  be 
explained  below,  when  we  treat  more  particularly 
of  the  legionary  ofiicers,    (Polyb.  vL  19.) 

2.  All  Roman  cidxens  whose  fortune  was  not 
rated  under  4000  asses  were  eligible  for  militaiy 
service  from  the  age  of  manhood  up  to  their  fortv- 
sixth  year,  and  coidd  be  required  to  serve  for 
twenty  years  if  in  the  infimtry,  and  for  ten  years, 
if  in  the  cavalry.  Those  whose  fortune  was  below 
the  above  sum  were  reserved  for  naval  service, 
except  in  any  case  of  great  necessity,  when  they 
also  might  be  called  upon  to  serve  for  the  regular 
period  in  the  in&ntiy. 

The  consuls  having  made  proclamation  of  a  day 
upon  which  all  Roman  citizens  eligible  for  service 
must  assemble  in  the  Capitol,  and  these  being  in 
attendance  at  the  time  appointed  in  the  presence  of 
the  consuls,  the  tribunes  were  divided  into  four 


496 


EXERCITUS. 


spctioni,  according  to  the  order  of  their  election, 
in  the  following  manner:  —  The  four  junior  tri- 
bunes first  elected,  and  the  two  senior  tribunes  first 
elected  were  assigned  to  the  first  legion,  the  three 
juniors  and  the  three  seniors  next  in  order  to  the 
second  ;  the  four  juniors  and  the  two  seniors  next 
in  order  to  the  third,  the  last  three  juniors  and 
the  last  three  seniors  to  the  fi>ttrth  legion.  (Polyb. 
Tl  14.) 

The  tribunes  bemg  thus  distributed  into  four 
parties  of  six,  those  belongmg  to  each  legion  seated 
themselves  apart,  and  the  tribes  were  summoned  in 
sacoession  by  lot  The  tribe  whose  lot  came  out 
first  being  called  up,  they  picked  out  from  it  four 
youths  as  nearly  matched  as  possible  in  age  and 
fiirm  ;  out  of  these  four,  the  tribunes  of  the  first 
legion  chose  one,  the  tribunes  of  the  second  legion 
one  of  the  remaining  three ;  the  tribunes  of  the 
third  legion,  one  of  the  remaining  two,  and  the  Uwt 
fell  to  the  fourth  legion.  Upon  the  next  tribe 
being  called  up,  the  first  choice  was  giren  to  the 
tribunes  of  the  second  legion,  the  second  choice  to 
those  of  the  third,  and  the  last  man  fell  to  the  first 
legion.  On  the  next  tribe  being  called  up,  the 
tribunes  of  the  third  legion  had  the  first  choice, 
and  so  on  in  succession,  the  object  in  view  being 
that  the  four  legions  should  be  as  nearlv  alike  as 
possible,  not  in  tae  number  only,  but  in  the  quali^ 
of  the  soldiers.  This  process  was  continued  until 
the  ranks  were  complete,  the  regular  number,  ac- 
cordinff  to  Polybius  in  this  passage,  being  4200, 
but  when  any  danger  greater  than  usual  was  im- 
pending, 5000. 

In  ancient  times,  the  cavalry  were  not  chosen 
until  after  the  infimtry  levy  was  concluded,  but 
when  Polybius  wrote  the  cavalry  were  picked  in 
the  first  place  from  the  list  on  which  they  were 
enrolled  by  the  censor  according  to  their  fortune, 
and  300  were  apportioned  to  each  legion.  (Polyb. 
vi.  20.) 

8.  The  levy  being  completed  (^T«TcAe<rd«((nyj 
T^t  Karaypwpvs),  the  tribunes  collected  the  men 
belonging  to  their  respective  legions,  and  making 
one  individual  stand  out  fit>m  the  rest  administered 
to  him  an  oath  (i^opKl(ov(riy)  **  that  he  would  obey 
orders  and  execute  to  the  best  of  his  ability  the 
command  of  his  officers.**  (SacramentwH  s.  Ju^u- 
randum  miliiare,  Cic.  de  Qff",  i.  1 1  ;  Liv.  xxiL  38  ; 
sacratnento  ntilUe*  adigere  s.  rogan^  Liv.  viL  1 1  ; 
sacramentum  s.  satramento  dicere,  Fest  s.  o. ; 
Caes.  B.  C,  i.  23  ;  Liv.  il  24,  iv.  53  ;  Oell.  xvL  4.) 
The  rest  of  the  soldiers  then  came  forward  one  by 
one,  and  swore  to  do  what  the  first  had  bound 
himself  to  perform.  They  were  then  dismissed,  a 
day  and  place  having  been  appointed  where  each 
legion  was  to  assemble  without  arms.  (Polyb.  vi. 
21  ;  Caes.  B,  C.  i.  76.)  The  words  uttered  by 
each  soldier  after  the  first  were  probably  simply 
"  idem  in  me,"  (see  Fest.  ».  o.  PrayuraUones), 

4.  At  the  same  time  the  consuls  gave  notice  to 
the  magistrates  of  those  towns  in  Italy  in  alliance 
with  Rome,  from  whom  they  desired  to  receive  a 
contingent,  of  the  number  which  each  would  be 
required  to  furnish,  and  of  the  day  and  place  of 
gathering.  The  allied  cities  levied  their  troops 
and  admmistered  the  oath  much  in  the  same  manner 
as  the  Romans,  and  then  sent  them  forth  after 
appointing  a  commander  and  a  pay-master  (ipxotna 
Kca  fUff$€if6Tny).     [SociL]     (Polyb.  vl  21.) 

5.  The  soldiers  havuig  again  assembled,  the  men 
belonging  to  each  l^on  were  separated  into  four 


EXERCITU& 
divisions  ;  and  here,  we  must  remaik  in  peasiBl 
that  Polybius  has  fiiUen  into  a  slight  inooosisiou^ 
for  while  in  the  passage  quoted  above  he  fixes  th| 
number  of  the  legion  when  he  wrotev  imder  ordi 
nary  circumstances,  at  4200,  in  describing  tb^ 
ammsements  which  follow  he  soppoeea  it  to  oooi 
sist  of  4000  only  (vL  21). 

(1)  One  thousand  of  the  jaaogeaA  and  poore^ 
were  set  apart  to  form  the  Velites  (Fipo^^oyMxH 
rpoa^o^poi\  or  skirmishefs  of  the  legioD. 

(2)  Twelve  hundred  who  came  next  in  age  <n< 
who  were  of  the  same  age  with  the  preoeding  \mi 
more  wealthy — the  words  of  Polybiaa  aie  not  reri 
distinct)  formed  the  Hattati  ('AffTdrot). 

(3)  Twelve  hundred,  consisting  of  tlioee  in  th^ 
full  vigour  of  manhood,  fi)nned  the  I*rimeifU 
(UplyKirts). 

(4)  Six  hundred,  consisting  of  the  oldest  and 
most  experienced,  formed  the  DnarU  (Tpufocai). 

When  the  number  of  soldiers  in  tlie  legion  ex- 
ceeded 4000,  the  first  three  divisions  wef«  increased 
proportionally,  but  the  number  of  the  Triazil  re- 
mained always  the  nme. 

The  equipment  of 'these  corps  was  as  follows: — 

For  defensive  armour  the  Velites  were  famished 
with  a  {Jain  head-piece  (Air^  ir^paec^a\aifr), 
sometimes  covered  with  the  hide  of  a  woif  (A»- 
Ktiap)  or  any  similar  material,  and  a  strong  ciitiilar 
buckler  (parma — wdpfxti),  three  feet  in  dJameter. 
Their  offensive  weapons  were  a  sword  Qtdxa*pa\ 
and  the  light  javelin  (Aoste  oe/sfiorts — yp6ir^s\ 
the  shaft  of  which  (iastile — rh  (u\or)  ns  gene- 
rally two  cubits  {9lfrixv),  that  is,  about  three  feet 
in  length,  and  in  thickness  a  fingerls  breadth  (r^ 
8i  irdxft  dcurrvAiaiov),  i,  e.  about  7584  of  an  inch ; 
the  iron  point  a  span  in  length  (rh  Si  tc4prpom  an- 
$afueuoy%  i.  e,  about  nine  inches,  hammernl  out  so 
fine  that  it  was  of  necessity  bent  at  the  fixat  cast, 
and  therefore  could  not  be  hurled  ba^  by  the 
enemy. 

The  Hestati  wore  a  fiill  suit  of  defensire  arnxmr 
(rayoirKla),  consisting  of  shield,  hehnet,  breast- 
plate, and  greave.     Their  shield,  termed  Seahtm 
(^vpedt),  was  formed  of  two  rectangular  boards 
firom  four  feet  to  four  feet  three  inches  long  hy  two 
and  a  half  feet  broad,  the  one  laid  over  the  other, 
and  united  with  strong  glue  ;  the  outer  aorfiice  was 
then  covered  with  coarse  canvas,  and  over  this  a 
calf^s  hide  was  stretched,  and  a  currature  was 
given  to  the  whole,  the  convexity  being  inrned 
outwards.      The    upper   and    undtf    edse    wu 
strengthened  by  an  iron  rim  (aihipovy  aiaAw^X 
the  former,  that  it  might  resist  the  downwaid 
stroke  of  a  sword  ;  the  latter,  that  it  might  not  be 
injured  by  resting  upon  the  ground.     In  addition, 
it  was  still  further  fortified  by  an  iron  boss  {a-tliipa. 
KAyXos\  which  served  to  render  it  more  secun 
against  blows  from  stones,  against  thrusts  from  the 
long  pikes  of  the  phalanx,  and,  in  general,  from  sll 
heavy  missiles.     [See  a  figure  of  the  Scutum 
under  that  article.]     One  leg  was  protected  by  a 
greave  (ocrea — irofNucH^fiir),  and  the  bead  bys 
bronze  helmet  (gaUa — wcpiicc^MiXaia  XAAjrij),  with 
a  crest  composed  of  three  scarlet  or  black  feathera, 
standing  erect  to  the  height  of  about  eighteen 
inches,  so  that  the  casque  added  greatly  to  the 
apparent  stature  and    imposing  *  carriage  of  the 
soldier.     The  greater  number  ol  the  Hastati  won 
in  front  of  their  breast  a  brass  plate  nine  inches 
square,  which  was  called  the  Heari-jmBUver  (n^ 
ho^ifha^  I   but  those   whose   feitane  exceeded 


fiXERCITUS, 

1001,000  anea  bad  complete  cuiranes  of  cbain- 
iziaeur  {hrioeu — k^jwti^ora^  j^^pificas). 

The  oflemire  weapons  of  the  Hastati  consisted 
of  a  svoid  and  beavj  javelins.  The  sword,  which 
was  girded  oo  the  r^t  side,  had  a  strong  straight 
hiade,  dooble-edged,  and  sharp-pointed,  being  thus 
cslcdated  both  for  catting  and  throating.  It  was 
esDed  a  Spanish  swofd  (ftdxoipa  *l9rtptKii\  in  con- 
tn^scmctmi  to  the  Ginilish  sword,  which  was  a 
catti!^  swofd  oolj.  Each  man  carried  in  his 
liaad  two  of  those  beavj  missiJes,  called  pila  by 
the  Latins,  dwoC  by  the  Greeks,  which  may  Iw 
R^uded  as  the  chazacteristic  weapon  of  the  Roman 
bdaatrj.  The  shaft  of  these  was  in  every  case 
four  and  a  half  feet  (three  cnbita)  long,  and  the 
barbed  inn  head  was  of  the  same  length,  but  this 
extended  half  way  down  the  shaft  to  which  it 
wu  attadied  with  extreme  care  (Polyb.  ri.  23),  so 
ibit  the  whole  length  of  the  weapon  was  aboat 
Kx  feet  nine  inehea.  The  shaft  varied  both  in 
&nn  and  thidmess — in  fixm  it  was  sometimes 
crliodrical,  sometimes  qnadrangular  —  in  the 
karkst,  the  diameter  of  the  cylinder  or  the 
breadth  across  one  of  the  flat  sides  was  about  three 
bdws  (waAoMrriaicv  fxoiNri . . .  tV  itdfurpor). 

The  equipment  of  the  Principes  and  the  Triarii 
was  in  eroy  respect  the  same  with  that  of  the 
Hastati,  except  that  the  latter  carried  pikes  {kattae 
^Upara)  instead  of  pOa.  (Polyb.  tL  21,  22, 
2X  For  UMve  minute  information  with  regard  to 
the  diflaent  parts  of  the  equipment,  consult  Oalsa, 
Hasta,  LoRicA,  Scutum,  Parma,  &c) 

We  may  remaxk,  in  passing,  that  in  addition  to 
his  amnw  and  weapons  the  legionary,  when  in 
nardiiag  order,  usually  carried  provisions  for  a 
factaight  at  lea^  and  three  or  firar  stakes,  used  in 
fbranng  the  palisade  of  the  camp,  besides  various 
taob,  an  ennmeration  of  which  will  be  found  in 
JoMpfana.  (B.  y.  iil  5.  §  5.)  The  Roman  writers 
^eqaeatly  allude  with  pride  to  the  powers  of  en- 
donnee  exhibited  by  their  ooontiymen  in  sup- 
portiiig  with  ease  such  overwhehning  loads  ;  and 
Polytiras  draws  a  contrast  between  the  Italian 
sad  the  Greek  soldier  in  this  respect  little  fitvonr- 
able  to  the  enogy  of  the  latter.  (See  Cic.  J\ueuL 
h.  16^  which  is  the  locus  datthtu;  Polyh  xviii 
1  ;  campL  Vcget.  L  19  ;  from  Liv.  £piL  IviL  it 
sppean  that  &ipio  trained  his  men  to  carry  food 
i«r  thirty  days,  and  seven  stakes  each — double 
the  usBsl  burden.) 

6.  The  Hastati,  Principes,  and  Triarii  were  each 
divided  into  ten  companies  called  MampuU^  to 
which  Polybius  givea,  as  equivalents,  the  three 
terais  r^Tj^ta,  mndpa^  oJifioiBL  The  Velites  were 
not  divideid  into  companies,  but  were  distributed 
eqsaliT  among  the  Hastati,  Principes,  and  TriariL 

7.  Before  the  division  of  the  three  classes  into 
atsniples,  officers  were  appomted  inferior  to  the 
tribimea  Thirty  men  were  chosen  by  merit,  ten 
from  the  Hastati,  ten  from  the  Principes,  and  ten 
frcm  the  Triarii  ;  and  this  first  choice  being  com- 
pleted, thirty  more  in  like  manner.  These  sixty 
flfieera,  of  whom  twenty  were  assigned  to  each  of 
tile  three  classes,  and  distributed  equally  among 
tbe  maaiplea,  were  named  eeniurumes,  or  ordinum 
dwdonM  (KCFrvyNtfrcr,  Ta^idpx^\  *^<1  ^^^  ^^  ^^® 
nxty  chose  fer  himself  a  lieutenant  {qptio\  who, 
h^iog  posted  in  the  rear  of  the  company  while  the 
centorion  was  at  the  head,  was  named  ohpay6s 
(i.  e.  Tayidmelor)  by  the  Greeks,  so  that  in  each 
anaipie  tboe  were  two  centuriouB  and  two  op- 


£XERCITU3. 


497 


tiones.  Farther,  the  centurions  selected  out  of 
each  maniple  two  of  the  bravest  and  most  vigorous 
men  as  standard  bearers  (vejfiUcarii^  tigni/eri^  vyf 
laoM^ipoi).  The  first  elected  centurion  of  the 
whole  had  a  seat  in  the  military  council  {vw*tpicm 
KoiMvirci),  and  in  each  manifde  the  first  chosen 
commanded  the  right  diviaion  of  the  maniple,  and 
the  other  the  left.  Each  of  these  subdivisions  of 
the  maniple  was  called,  as  we  shall  see  hereafter, 
osafarui,  but  it  is  not  specifically  noticed  here  by 
Polybius.     (Polyb.  ri.  24.) 

8.  The  cavalry  were  dirided  into  ten  troops 
{harmMy  fXoi),  and  out  of  each  of  these  three  of- 
ficers were  chosen,  named  deatrUmes  (2A.d(f>xcu)« 
who  named  three  lieutenants  (opfumet,  o&pwyol). 
In  each  troop  the  decurio  first  chosen  commanded 
the  whole  troop,  and  £uling  him,  the  second. 

The  equipment  of  the  cavalry  was  originally 
adapted  solely  to  secure  great  ease  and  rapidity  of 
movement.  Hence  they  wore  no  breastphite,  but 
were  clad  in  a  single  garment  girded  tight  round 
their  bodies  ;  their  shields  were  formed  simply  of 
an  ox^  hide,  were  incapable  of  withstanding  a 
strong  blow,  and  were  readily  damaged  by  wet  ; 
their  huices  {Upcera)  were  so  light  and  the  shaft 
so  thin,  that  they  ribrated  firom  the  action  of  the 
horse  ;  could  not  be  directed  to  their  object  with  a 
steady  aim,  and  were  constantly  snapped  in  a 
charge  merely  by  the  rapid  motion,  if  oreover, 
not  being  fiimished  with  a  point  at  both  ends, 
they  served  fiir  one  thrust  only,  by  which  they 
were  broken,  and  then  became  useless.  In  the 
time  of  Polybius,  however,  they  had  adopted  the 
Greek  equipment,  —  a  breastplate,  a  solid  buckler, 
and  a  strong  speaiv  fiuhioned  in  such  a  manner  that 
the  end  by  wnich  it  was  held  was  so  far  pointed 
as  to  be  available  in  case  of  necessity. 

9.  After  the  soldiers  had  been  thus  divided  and 
officered,  the  tribunes  having  given  the  diir«vnt 
classes  instructions  with  regard  to  the  arms  which 
they  were  to  provide,  dismissed  them  to  their 
homes,  having  first  bound  them  by  an  oath  to  as- 
semble again  on  a  day  and  in  a  place  fixed  by  the 
consul.  Then  and  there  accordingly  they  did  as- 
semble, no  excuse  for  absence  being  admitted  ex- 
cept inevitable  necessity  or  the  appearance  of  evil 


10.  The  infimtry  ftimished  by  the  §om  was  for 
the  most  part  equal  in  number  to  the  Roman  le- 
gions, the  cavalry  twice  or  thrice  as  numerous,  and 
the  whole  were  divided  equally  between  the  two 
consular  armies.  Each  consul  named  twelve  su- 
perior officers,  who  wore  termed  Pra^tcH  Sociorum 
(TpflU^^rrot),  and  corresponded  to  the  legionary 
tribunes.  A  selection  was  then  made  of  the  best 
men,  to  the  extent  of  one  fifth  of  the  infimtry  and 
one  third  of  the  cavalry  ;  these  were  formed  into  a 
separate  corps  under  the  name  of  exirQiordmarii^ 
and  on  the  mareh  and  in  the  camp  were  always 
near  the  person  of  the  consul.  The  remainder 
were  divided  into  two  equal  portions,  and  were 
styled  respectively  the  Deactera  Ala  and  the  Sinistra 
Ala  (KoXotHri  rhft^y  8c{i^v  rh  S*  sbAwiiov  Ktpas), 
[Ala.] 

It  will  be  observed  that  we  have  implied  a  doubt 
with  regard  to  the  number  of  cavalry  furnished  by 
the  allies.  Polybius  (iii  107),  when  giving  a 
sketch  of  the  Roman  forces  before  the  battle  of 
Cannae,  after  stating  that  the  legion  under  or- 
dinary circumstances  consisted  of  4000  infantry 
and  200  cavalry,  but  that  in  circumstances  of  pe> 

K  K 


498 


EXERCITU9. 


ealiar  difficulty  and  danger  it  waa  aagnented  to 
5000  infantry  and  300  caralry,  adds  distinctly 
that  the  allies  supplied  a  force  of  in£uitry  equal  to 
that  of  the  legion,  and  generally  thrice  aa  many 
cavalry  {r&y  M  ffvftf»dx»i^9  fh  ftk^  r&v  rt^ir 
v\^9os  iripuro¥  wowwrt  to7s  *Pwfuufco«t  trrparo' 
w4fiois,  rh  tk  ri$¥  linrdmy  As  Mwaf  rpnKJurnni). 
When  treating  mora  formally  of  the  same  suhject 
(vL  26)  he  repeats  the  aboTe  obserration  in  nearly 
the  same  words,  but  when  he  came  to  rh  tk  tAk 
UnttAv  T^TKiinav^  many  of  the  MSS.  present 
Ztw>Jurw¥  ;  and  a  little  further  on  (vi.  30),  in  the 
passage  whera  he  explains  the  manner  in  which 
the  troops  were  quartered  in  a  camp,  his  expres* 
siona,  when  interpreted  according  to  their  natiual 
meaning  and  their  connection  with  the  preceding 
clause,  must  signify  that  the  total  number  of  the 
allied  cavalry  was  double  that  of  the  Romans,  and 
not,  as  the  Latin  transhition  attached  to  the  edition 
of  Schweighaeuser  has  it,  double  that  of  the 
Romans  after  deducting  one-third  for  the  eztra- 
ordinarii  equites.  Livr,  when  referring  to  the 
position  of  affiiirs  between  the  Romans  and  their 
allies  bef(»re  the  great  Latin  war  of  a  c.  340,  after 
specifying  the  ordinary  strength  of  the  Roman 
armies,  adds  (viiL  8)  **  alteram  tantum  ex  Latino 
delectu  adjiciebatur."  When  recounting  the  pre- 
parations for  the  campaign  of  Cannae,  although  he 
appears  to  allude  directly  to  the  narrative  of  Po* 
lybius  and  to  copy  his  words,  he  contradicts  him 
directly  with  regard  to  the  allied  cavalry  (xxii. 
36),  **  socii  dupHcem  numerum  equitum  darent.*^ 
At  a  somewhat  Uter  period  (b.  c.  189),  when  four 
legions  were  raised,  the  socii  were  required  to  con- 
tribute  15,000  infiuitry  and  1200  cavalxy  (xxxviii. 
35),  and  nine  years  afterwards  the  consuls  were 
ordered  to  levy  a  new  army  of  four  legions  **  et 
socium  Latini  nominis,  qmomim»  temper  numerus^ 
quindecim  millia  peditum  et  octingenti  equites^* 
(xL  36),  which  exactly  corresponds  with  what  we 
read  in  a  former  chapter  (xl.  18).  The  truth 
seems  to  be,  that  although  the  contingent  which 
each  state  was  bound  to  furnish,  was  fixed  by 
treaty,  it  was  seldom  necessary  to  tax  all  the  al- 
lies to  the  fiili  extent,  and  hence  the  senate  used 
their  discretion  as  to  the  precise  nnmber  to  be 
supplied,  according  to  the  circimistanoes  of  the 
case,  the  proportion  of  confederates  to  Roman 
citiaens  becoming  of  course  gradually  la^r  as 
the  limits  of  the  Roman  sway  embraced  a  greater 
number  of  cities  and  districts.  (See  Lips,  de 
MiUL  Rom.  iL  7.) 

1 1.  Agmen  or  Line  of  March. — ^The  Extraordinarii 
Pedites  led  the  van  followed  by  the  right  wing  of 
the  in&ntry  of  the  allies  and  the  baggage  of  these 
two  divisions  ;  next  came  one  of  the  Roman  legions 
with  its  baggage  foUowing ;  next  the  other  Roman 
legion  with  its  own  bag^e,  and  that  of  the  left 
wing  of  the  allies,  who  brought  up  the  rear.  The 
different  corps  of  cavalry  sometimes  followed  im- 
mediately behind  the  in&ntry  to  which  they  were 
attached,  sometimes  rode  on  the  flanks  of  the 
beasts  of  burden,  at  once  protecting  them  and  pre- 
venting them  from  straggling.  If  there  was  any 
apprehension  of  an  attack  firom  behind,  the  only 
change  in  the  above  order  consisted  in  making  the 
Extraordinarii  bring  up  the  rear  instead  of  leading 
the  van.  As  far  as  the  position  of  the  two  legions 
with  regard  to  each  other,  and  also  of  the  two 
wbgs  of  the  allies,  was  concerned,  it  was  under- 
stood that  the  le^gion  and  the  wing  which  took  the 


EXERCITUS. 

lead  upon  one  day  should  fidl  behind  man  the  next 
day,  in  order  that  each  in  torn  might  have  tlie 
advantage  of  arriving  fint  at  the  watering  pistes 
and  fresh  pastures.  When  marching  in  cpea 
ground  where  an  attafck  on  the  flanks  was  astiei- 
pated,  a  different  disposition  was  sometimes  adopted. 
The  Hastati,  Principes,  and  Triarii  nardwd  in 
three  columns  parallel  to  each  other,  the  hegga$c 
of  the  first  maniples  took  the  les^  the  bag^^e  oi 
the  second  maniples  was  placed  between  the  brst 
and  second  nuuiiples,  and  ao  on  for  the  rest,  the 
baggage  in  each  case  preceding  the  n»Di;^  to 
which  it  belonged.  If  an  attad^  was  made  tba 
the  soldien  wheeling  either  to  the  i%ht  or  to  tke 
left,  according  to  circumstaooea,  and  advandag  ai 
the  same  time  a  few  stepa,  by  this  simple  sod 
easily  executed  movonent  presented  at  once  aa 
even  front  to  the  enemy,  the  whole  of  the  baggage 
being  now  in  the  rear. 

Generally,  when  advancing  throogh  a  coontij 
in  which  it  was  necessary  to  guard  against  a  sodden 
onset,  the  troops,  instead  of  proceeding  in  a  loose 
straggling  column,  were  kept  together  in  dc^e 
compact  bodies  rudy  to  act  in  any  direction  at  a 
moment's  warning,  and  hence  an  army  under  tkse 
circumstances  was  said  (Mgrnine  quadroto  motdtn. 
(a.  ff.  Sail  Juff.  105  ;  Senec  £p,  59  ;  camp.  Ck. 
FhiL  ii.  42,  V.  7.) 

It  is  to  be  observed  that  Polybius,  at  the  out^ 
promises  an  account  of  the  order  of  march,  of  tb« 
encampment,  and  of  the  battle  array  of  the  Roisaii 
armies  (iropcfos,  oTparor«5c£ar,  iraparif{«iT ;  A^ 
meuj  CWra,  Adtt)  ;  but  that  while  he  bai  re- 
deemed his  pledge  with  regard  to  the  two  fonner, 
he  has  left  the  last  topic  untoachcd,  unless,  indeed, 
it  was  included  in  a  section  now  loSL  It  is,  owre- 
over,  comparatively  speaking,  a  subject  of  little 
consequence,  for  while  we  know  that  a  camp  «ai 
always  the  same  so  long  as  the  constitutian  of  tbe 
army  remained  unchanged,  and  while  the  order  of 
march  was  subject  to  few  modificatiima,  tbe  loar- 
shalling  of  the  troops  for  an  engagement  must  hara 
varied  materially  in  almost  every  contest,  depend- 
ing necessarily  in  a  aieat  measure  on  the  nature  of 
the  ground,  and  on  ue  aspect  assumed  by  the  foe. 

Some  doubt  exists  with  regard  to  the  force  of 
the  term  Affmen  PUatum  as  distinguished  from 
Agmen  Qnadraium,  The  explanation  quoted  £roei 
Van©  by  Servius  {Ad  F»iy.  Aen.  xii.  121),  ""Q^ 
ra^xm,  quod  immixtis  etiam  jumentis  incedii,  st 
ubivis  possit  considere:  pUatmm^  quod  sine  jo- 
mentis  incedit,  sed  inter  se  densum  est,  quo  fad- 
lius  per  iniquiora  loca  tramittatur,**  has  not  bea 
considered  satis&ctory,  although  it  is  difficult  to 
undentand  how  Varro,  himself  a  soldio^,  iboold 
have  been  inaccurate  upon  such  a  point  Wbcre 
the  phrase  occun  m  poetry  aa  in  the  pasngvm 
Viigil  referred  to  above  (comp.  Martial  x.  48 ),  it 
probably  denotes  merely  **  columns  bristling  witii 
spears.** 

Polybius  being  our  most  copious  and  pure  soorre 
of  information,  before  passing  on  to  the  fourth 
period,  it  may  be  fitting  to  enter  more  fullv  opoo 
certain  topics  which  he  has  either  touched  very 
lightly  or  passed  over  in  silence.  We  shall,  there- 
fore, make  a  few  remarks :  —  1.  On  the  lerrinir 
of  soldiers.  2.  On  the  division  of  the  legion  as  a 
body  into  cohorts,  maniples,  and  centuries,  of 
which  the  cohort  and  the  century  are  not  named 
by  Polybius  in  the  above  description.  3.  On  tbe 
distribution  of  the  soldien  into  JViarii^  Fnnap«*i 


BXERCITUS. 

Hiitsti^  VeUitt,  AntepUfMni^  Atdengnaait  &e^  and 
oa  the  er^ioal  import  of  these  terms.  4.  On  the 
^£een  of  the  Iq^ioo,  the  tiibimes,  the  centorioiu 
«adsabdtem& 

1.  TU  leejf  (deleehn,  Koroypa/^)  wu  nsaaUy 
bdd  in  tke  ^itol  (Lit.  xxri.  31)  by  the  oonsuU 
«a:ei  on  their  chavB  of  state  (poniit  m22m,  LIt. 
iii  11);  hat  Mmetiraea  in  the  Campna  Martins 
I  [KoQji.  TiiL  87)«  which  was  beyond  the  juris- 
diction of  the  tribones  of  the  plebs,  who,  in  the 
eadiff  iges  of  the  conunoinweuth  especially,  fre- 
gently  interfered  to  preTent  an  army  irom  being 
nixd. 

Aooording  to  the  principles  of  the  eonstitntion, 
z-mt  ve»  enrolled  in  the  legion,  except  freebom 
rCzfrBs  {mgani)  aboTe  the  age  of  seventeen,  and 
nsder  the  ^e  of  forty-six,  possessing  the  amount 
•  f  fortone  specified  abore  (Geli.  z.  28) ;  but  in 
t<xes  of  pecnliar  difficolty,  these  conditions  were 
tM  inagted  upon.  Thos,  in  consequence  of  the 
■cartity  of  men  daring  the  second  Punic  war,  it 
w  at  one  time  ordained,  that  lads  under  seven- 
*^  might  be  admitted  into  the  ranks,  and  that 
ibnr  tirae  should  be  allowed  to  count  just  as  if 
i^icy  bad  attained  to  the  legal  age  (Liv.  zzt.  5), 
ud  on  the  other  hand,  when  strenuous  exertions 
veie  made  for  the  campaign  against  Perseus,  the 
Kcate  decreed  that  no  one  under  fifty  should  be 
eicoaed  from  eaUsting  (Lir.  zlil  33).  Moreover, 
cot  Qoiy  were  all  fireebom  citizens  without  dis- 
tiactioa  of  fintone  called  out  on  such  occasions,  but 
eies  freedmen  were  armed  (Liv.  x.  21,  xxiL  1 1)  ; 
and  ifter  the  battle  of  Cannae,  eight  thousand 
ihres  who  had  declared  themselves  willing  to 
H^  fior  the  repablic,  were  purchased  by  the  state, 
iad  fitrmed  into  two  legions,  who,  under  the  name 
of  Fofaaes,  di^yed  great  bravery,  and  eventually 
«»«4  their  freedom  (Liv.  xxiL  57). 

In  aomeots  of  sudden  panic  or  when  the  neces- 
^tr  was  so  pressing  as  to  admit  of  not  a  moments 
Qckj,  sU  formalities  were  dispensed  with,  and 
tTOT  man  capable  of  bearing  arms  was  summoned 
<o  join  ia  warding  off  the  threatened  danger,  a 
nree  raised  under  such  circumstances  being  termed 
^l^*ioriMt  s.  tumaliuaruu  exerd^ta  (SubUurn  nU- 
^  Liv.  iii.  4,  xlL  17  ;  SubUarw  eaeereituMj  iil 
30;  Ugitmes  tabUariae  tumaltui  eausa  tcriptae^ 
2ul  2,  xL  26 :  T^cmW/aanas  eaenUu$  raptim 
^'•"/'toiiviiL  11 ;  LegitMe$  tumuUuaria$  tcrib&reL 

If  dtbens  between  the  ages  of  seventeen  and 
*ftj  nx  did  not  appear  and  answer  to  their  names 
or  eofibmiaaottsly  refiised  to  come  forward,  they 
jujg^t  be  pfomshed  in  various  ways, — by  fine, 
■7  imprisonment,  by  stripes,  by  confiscation  of 
ptf  pnperty,  and  even,  in  extreme  cases,  by 
wing  sold  as  skives  (Dionys.  viiL  87  ;  Liv.  vii.  4 ; 
Jw.  ap.  Gell.  xl  1,  ap.  Non.  s.e.  Tmebrumem; 
^aL  Kax.  vi  3.  §  4).  At  the  same  time,  causes 
^l^^t  he  alleged  which  were  recognised  as  forming 
aiejptanate  noond  for  exemption  (vacatio  jiuta 
T^).  Thus,  all  who  had  served  for  the  full 
J*"^  «t  twenty  years  in  the  infantry  or  ten  in 
•^^f  were  relieved  from  further  service,  al- 
«««gb  tfa^  might  still  be  within  the  regukr  age  ; 
«A  ^^m  fike  manner,  when  they  were  afflicted  by 
'|'7  gneroos  msladjr,  or  disabled  by  any  personal 

7*J»  «  «g»ged  in  any  sacred  or  civU  offices 
*™«h  teqaired  their  constant  attendance ;  but 
^  and  similar  pleas,  although  sustained  under 
"diany  drcomstanees,  might  Im  rendered  void  by 


£XERCITU9. 


499 


a  decree  of  the  senate  **  ne  vacationes  valerent,** 
and  hence  in  the  case  of  a  Qallic  war,  we  read  that 
Aemilius  Mamercinus,  then  consul,  was  instructed 
**  scribere  exercitum  sine  ulla  vacationis  venia  ** 
(Liv.  viiL  20),  and  one  of  the  measures  ui^ed  by 
Cicero  upon  the  senate  in  the  contest  with  Antonius 
was  ^  delectum  haberi  sublatis  vacationibus'* 
(Philipp.  T.  12).  So,  also,  if  the  soldier,  after 
being  enrolled,  fiuled  to  appear  at  the  place  of 
muster  appointed  by  the  consul,  his  absence  might 
be  justified  by  various  **  excusationes,"  a  list  of 
which  will  be  found  in  Gellius  (xvi.  4),  the  most 
important  being  severe  bodily  ailment  {morbiu 
mmtiau)  ;  the  death  of  a  near  relation  (/knus/a- 
millare)  ;  the  obligation  of  performing  a  stated 
sacrifice  (tacrificium  cmniversarium),  or  some  other 
religious  impediment. 

While  those  who  had  served  for  the  stipulated 
period  were  entitled  to  immunity  for  the  future, 
even  although  within  the  legal  age,  and  were  styled 
Emeriti^  so  on  the  other  hand,  it  appears  bom 
some  passages  in  the  cbissics,  that  persons  who  had 
not  completed  their  regular  term  within  the  usual 
limits,  might  be  forced,  if  required,  to  serve  be- 
tween the  ages  of  forty-five  and  fifty  ( Liv.  xxvii. 
1 1,  xliL  34  ;  Senec.  de  brev.  Vit,  cap.  ult ;  QuintiL 
ix.  2.  §  85).  Towards  the  close  of  the  republic, 
and  under  the  empire,  when  the  legions  became 
permanent,  the  soldier  who  had  served  his  full 
time  received  a  regular  discharge  (missio)  together 
with  a  bounty  (praemium)  in  money  or  an  allot- 
ment of  land.  The  jurists  distinguish  three  kinds 
of  discharge : — 1.  Misno  honesla,  granted  for  length 
of  service.  2.  Mitno  cautaarioy  in  consequence  of 
bad  health.  3.  Mimo  Iffoonuniosa^  when  a  man 
was  drummed  out  for  bad  conduct  (Macer  in  Dig. 
49.  tit  16.  a  13;  Ulpian  in  Dig.  3.  tit.  2.  8.2, 
comp.  Hirt  B.A.  54  ;  Suet  JuL  69,  Octav.  24). 
It  frequently  happened  that  emeriti  were  induced 
to  continue  in  the  ranks,  either  firom  attachment  te 
the  person  of  the  general  or  from  hopes  of  profit  or 
promotion  (Appian.  B,  C,  v.  3),  and  were  then 
called  veteraai^  or  when  they  joined  an  army,  in 
consequence  of  a  special  invitation  evocoH  {iyu' 
K\^oi,  Dion  Cass.  Iv.  24).  Dion  Cassias  states 
(/.&)  that  troops  bearing  this  last  denominatbn  were 
first  employed  by  Octavianus,  when  he  called  out 
{iy€Kd\tiTty)  the  veterans  of  Julius  Caesar  to  aid 
him  against  Antonius,  but  we  read  of  them  at  an 
earlier  period.  (Caes.  B,  G.  vii.  65,  B,  C,l  17, 
iii.  88.)  [Evocatl]  They  must  in  no  way 
be  confounded  with  the  volunteers  mentioned  by 
Polybius  in  his  description  of  a  Roman  camp 
(Tiyij  T&y  iB(\ovT7i6hif  orparfvofAfyufy  Tp  r&y 
bvdregy  x^*'''0*  ^^<>  ^^^  ^  ^^^'^  formed  part  of 
what  may  be  termed  the  personal  suite  of  the 
general.  (Comp.  Sallust  Jug,  84.)  We  sliall 
make  some  further  remarks  upon  the  Veterani  and 
the  changes  introduced  by  Aug^istus  with  regard 
to  the  term  of  service,  when  we  speak  of  the 
Ferillarii,  who  belong  to  our  fifth  period. 

2.  We  next  proceed  to  consider  the  division  of 
the  legion  into  Cokortes,  Man^mli^  CetUuriae^ 
iSt^no,  Ordines,  Coniubernia, 

Cohortes. — It  will  be  observed  that  Polybius 
takes  no  notice  of  the  Ctikort,  a  division  of  the 
legion  mentioned  so  oflen  in  the  Roman  writers. 
Hence  Salmasius  and  other  distinguished  scholars 
have  supposed  that  the  cohort  had  no  existence 
until  the  time  of  Marius,  and  although  named  by 
Livy  almost  immediately  after  the  expulsion  m 

E  K   2 


500 


EXERCITUS. 


the  kings  (ii.  II),  and  repeatedly  afterwards  (e.g. 
zxrii  13,  41)  he  may  be  sapposed  to  speak  pro- 
leptically.  But  in  a  quotation  preserred  by  A. 
Gelliiu  {N.  A.xvl  4)  from  the  tmttise  De  Re 
MiUiari  of  Cincios,  who  is  generally  admitted  to 
be  Cincius  Alimentus,  the  annalist  contemporary 
with  Hannibal,  we  find  the  cohort  not  only  named 
but  specifically  defined.  In  UgioM  mni  eerUariae 
texoffinia,  manipuU  triginia^  cohorUs  decent ;  and 
Polybius  himself  uses  the  Latin  word  Ko6prts 
twice  in  his  history  of  Scipio's  Spanish  campaigns 
(xi.  23,  33),  giving  in  the  first  of  these  passages 
an  explanation  of  the  term,  iral  ^Jtt€ity . . .  rpus 
airtlpas,  rovro  8i  iraAcrrou  rh  e^yrayfta  r&yirtC&y 
iraph  'TvfioMis  KoSprts  . . .  where  it  must  be  borne 
in  mind  that  Polybius  uses  the  words  rdytta^ 
mtfjudoy  and  (nr^lpa  indifferently,  to  denote  the 
maniple.  On  the  other  hand,  the  later  Greek 
writers  generally  designate  the  maniple  by  \6xoSf 
and  almost  invariably  employ  (nrtlpa  as  the  repre- 
sentative  of  eohors.  Hence  considerable  confusion 
IS  apt  to  arise ;  and  Livy  has  rendered  his  de- 
scription of  the  order  in  which  Scipio  marshalled 
his  army  at  Zama  unintelligible  by  translating  rks 
airtipas  in  the  text  of  Polybius  by  oohortet  instead 
ottnampulot  (Liv.xxx.  83  ;  Polyb.  xv.  9)  ;  while 
Polybius  himself  is  guilty  of  an  inconsistency  in 
the  same  chapter  when  he  uses  the  expression  rait 
rmr  ypo<r^fidxmf  (nrttpcus,  for  the  ypoa^ftdx^^ 
or  Velites  were  not  divided  into  maniples,  as  he 
most  distinctly  states  elsewhere. 

When  the  soldiers  of  the  l^on  were  classified 
as  Velites,  Hastati,  Principes  and  Triarii,  the  co- 
hort contained  one  maniple  of  each  of  the  three  latter 
denominations,  together  with  their  complement  of 
Velites,  so  that  when  the  legion  contained  4000, 
each  cohort  would  consist  of  60  Triarii,  120 
Principes,  120  Hastati,  and  100  Velites,  in  all 
400  men. 

The  number  of  cohorts  in  a  legion  being  alwa}'s 
ten  (Cincius,  L  c  ;  Cic.  PkUip.  iv.  27 ;  the  words 
of  Isidor.  Orig.  ix.  3.  §  47,  are  evidently  corrupt), 
and  the  cohorts,  during  the  republic,  being  all 
equal  to  each  other,  the  strength  of  the  cohort 
varied  from  time  to  time  with  the  strength  of  the 
legion,  and  thus  at  different  periods  ranged  between 
the  limits  of  300  and  600.  They  were  reffularly 
numbered  from  1  to  10,  the  centurion  of  the  first 
century  of  the  first  maniple  of  the  first  cohort 
was  the  guardian  of  the  eagle,  and  hence  the  first 
cohort  seems  always  to  have  been  regarded  as 
superior  in  dignity  to  the  rest  (Caes.  B.  C,  iil  64, 
Cic.  ad  AU.Y,  20.)  From  some  expressions  in  the 
description  given  bj  Caesar  of  the  battle  of  Phar- 
aalia,  it  has  been  infcrrod  that  even  then  the  first 
cohorts  in  the  legions  wero  more  numerous  than 
the  rest ;  and  this  was  certainly  the  case  under  the 
empire,  when  they  were  termed  oohortes  millinriae^ 
and  contained  twice  as  many  soldiers  as  the  others. 
Thus  the  legion  described  by  Hyginus  amounted 
to  5280  men,  divided  into  ten  cohorts ;  and  of 
these,  the  first,  which  had  the  charge  of  the  eagle, 
consisted  of  960  men,  while  the  remaining  nine 
had  480  each. 

The  word  cohort  lasted  as  long  as  the  word  le- 
gion, and  even  longer,  for  not  only  does  Ammianus 
(xxi.  13,  xxiii.  5)  speak  of  centuries  and  cohorts 
in  the  army  of  Julian,  but  cohon,  as  a  military 
term,  is  met  with  in  authors  after  Justinian.  But 
althouffh  oohortes  is  found  occasionally  in  the  wri- 
ters of  the  later  empire,  they  for  the  most  part 


EXERClTUSw 

prefer  the  somewhat  vague  term  mmmeri,  whidi 
appears  in  Tacitus  and  Suetonius,  and  perfaaf« 
even  in  Cicero  {adFanu  xi  10,  xiL  13).  Numtri 
seems  to  have  signified  strictly  the  maaier  roll, 
whence  the  phrases  referre  m  nmmeraa^  diatr^bmrn 
tn  nmneroe  (Plin.  Ep.  iil  8,  x.  30,  31),  and  thos 
served  to  denote  any  body  of  legtonariea.  In  tb« 
Digest  and  the  two  Codes  it  is  used  aometimes  for 
a  century,  sometimes  for  a  cohort ;  by  Suetonius 
(Ve^Doe.  6)  for  a  detachment  selected  fram  thre? 
different  legions.  Nor  is  it  absolutely  nistricted  t> 
legionaries,  for  we  read  in  inscriptiona  of  S^mnem 
BrUonum  (OrelL  1627),  Numai  Dalmatanm 
(Grot  dxxviii.;  Orel].  3410),  wlule  Ammiactii 
applies  it  to  cavalry  as  well  as  infantry,  and  U 
auxiliaries  as  well  as  legionaries  (xxiiL  2).  In 
like  manner  the  later  Greeks  mtioidnoed  ipiB/M 
or  yovfiepoi  for  eokortes^  the  former  being  the  ex- 
planation given  by  St  Chrysostom  in  his  expositinn 
of  the  tenth  chapter  of  the  Acts  for  the  word 
<nrtlpas,  while  Suidas  interprets  OTtdpeu  by  rov- 
fupa. 

Whenever  Cokon  occurs  in  the  Latin  dasaiea  q 
connection  with  the  legion,  it  alwaya  SEignifics  a 
specific  division  of  the  legion  ;  bnt  it  is  venr  frts 
qnently  found,  in  the  general  sense  of  hattatiau,  Xa 
denote  troops  altogether  distinct  from  the  legioa. 
Thus  in  Livy  (iv.  39)  it  is  applied  to  a  body  of 
dismounted  cavalry,  to  the  force  of  the  alliei 
(alariae  ookortps,  x.  40,  41 ;  cohors  Petupn,  xxr. 
14  ;  cohortem  Manontm,  xxxiii  36,  &c.),  to  the 
troops  of  an  enemy  (vii  7,  x.  40,  xxx.  36),  with 
various  other  modifications  ;  and  we  shall  be  called 
upon  to  speak  under  our  fifth  period  of  CbAohkv 
praeiorianae,  Cohoiiet  pedUatae^  Cokortet  eqittta(ae^ 
and  several  others. 

Manipulns. — The  original  meaning  of  this  word, 
which  is  clearly  derived  from  numus^  was  o  iaad- 
fid  or  witp  cfhottf^  BtraWj/ent,  or  (he  like,  and  this, 
according  to  Roman  tradition,  affixed  to  the  end  of 
a  pole,  formed  the  primitive  military  standard  in 
the  days  of  Romulus  — 

Pertica  suspensos  portabat  longa  maniplos 
Unde  maniplaris  nomina  miles  habet 

(Ovid.  Fatt.  iii.  117;  compare  Plut  Rom,  8). 
Hence  it  was  applied  to  a  body  of  soldien  sening 
under  the  same  ensign  (see  Varr.  L.L.  v.  8,  vL  8i, 
who  connects  it  in  this  sense  directly  with  mamis): 
when  the  ponderous  mass  of  the  phalanx  was  re- 
solved into  small  companies  manhalled  in  open 
order,  these  were  termed  mampali,  and  down  to  a 
very  late  period  the  common  soldins  of  the  legira 
were  desiffnated  as  manipidaret  or  maapuiani, 
terms  equivalent  to  gngarii  milUes,  By  whom 
this  momentous  innovation  upon  the  tactics  of  a 
Roman  army  was  first  introduced,  it  is  impossible 
to  determine  with  certainty  ;  but  from  the  mmrk 
of  Livy  (viii.  8),  that  a  change  in  the  eqiupment 
of  the  heavy-armed  soldiery  took  place  at  the 
period  when  they  began  to  receive  pay,  compared 
with  the  words  of  Plutareh  {OamUL  40),  we  mav 
conjecture  that  the  revolution  was  brought  ahoot 
in  part  at  least  by  the  greatest  general  of  whom 
the  infant  republic  could  boast —  Camillas. 

When  the  phalanx  was  first  broken  up,  it  ap- 
pears (Liv.  viii  8)  that  each  of  the  three  classes 
of  Hastati,  Principes,  and  Triarii,  oontained  fif- 
teen maniples  ;  but  before  the  second  Pnnie  war 
(see  Cincius,  as  quoted  by  GelL  above)  the  niun- 
ber  of  maniples  in  each  of  these  classes  ms  re- 


KXERCITUS. 

doced  to  ten,  as  stated  bj  Polyl»iii.  Hence  it 
is  cagj  to  caknhte  the  number  of  aoldien  in  each 
aanipky  neoatding  to  the  Taiying  nnmben  in  the 
k^ioQ,  it  being  alwsjrs  bone  in  mind  thnt  the 
Tnrii  never  exceeded  600,  and  that  the  Velites 
were  not  drrided  into  maniplea,  bat  distribated 
cqoalfy  nmang  the  heavy -armed  compnniea. 

Soaae  witten,  eipedaDy  Le  Bean,  in  his  **  M^- 
■cires  *  oa  the  Legion,  maintain  that,  after  the 
distiBctioos  between  the  Hastati,  Principe*  and 
Tmrii  were  abolished,  and  the  l^on  was  mar- 
ihalkd  in  eohorts,  the  diTision  into  maniples  was 
BO  I<3Bcer  ptBcCised,  and  that  the  term  man^mlut 
cisst  from  this  time  be  miderstood  to  indicate  either 
a  saoU  nomber  of  men  indefinitely,  or  a  mass  of 
tea  K^diera  quartered  in  the  same  tent.  No  one, 
k?vever,  who  reads  without  prejndice  the  words  of 
Caesar  ^adeo  nt  pancis  mutatis  centorionibus, 
iid^m  ordinea,  manipotiqne  constarent  ^  (B.  C.  ii 
'JS,  compL  ^.  <;.  iL  25,  vL  33),  and  of  Tadtos, 
^unstcotem  eoncionem  quia  permixta  yidebatur 
diicedere  in  maaipulos  jubet "  (^iw.i  34),  to- 
gether with  tke  still  more  explicit  expressions  of 
Affnaagms,  **omflDes  centuiias  et  manipolos  et  co- 
kF-^rtes  in  conckmem  convocabat  **  (xxi.  13.  §  9X 
rppeated  almost  in  the  same  words  in  two  other 
fumg6»  (xriL  13.  §  25,  xxiii.  5.  §  15),  can  doubt 
that  the  manipulns  continued  to  the  very  last  to 
fjfin  one  of  the  larger  subdivisions  of  the  legion. 
Indeed,  the  wholesysiem  of  daasifying  and  naming 
t&e  o^torioDs  upon  which  Le  Beau  himself  be- 
itovB  so  ranch  labour  and  ingenuity  is  unintelligible 
Bpofi  any  other  sopposition.  At  the  same  time 
k  cannot  be  denied  that  mampulua  must  sometimes 
be  aken  in  a  general  sense,  as  when  Tacitus  gives 
this  name  to  the  detachment  of  sixty  men,  sent 
Jttio  Asia  by  Nero,  for  the  purpose  of  putting  Plautus 
10  death.  (^AtuL  zxr.  58,  59.)  As  to  the  identity 
ftf  mrwywfas  and  eomhibenrium^  no  doubt  Vegetius 
itat»  Toy  distinctly  that  the  centuries  were  divided 
into  cuafafeeiaid,  and  adds  **  contubemium  antem 
manipalos  vocabatnr,^*  but  an  assertion  proceeding 
inmsufdi  a  source  is  as  worthless  as  the  etymology 
hr  which  it  is  followed  up^ 

Ceabaiae,  —  The  distribution  of  soldiers  into 
ootenoe  moat  be  regarded  as  coeval  with  the  origin 
of  Rsme.  Plutarch,  as  noticed  above,  speaks  of 
the  force  led  by  Romulus  against  Amulins  as 
fenaed  of  centuries ;  and  finom  the  close  connections 
betvera  the  centuries  of  Servius  Tullins,  and  the 
ec^aniatian  of  the  military  fioroe,  we  cannot  hesi- 
tate to  believe  that  the  term  was  communicated  to 
the  noks  of  the  phalanx.  Fat  a  long  period  after 
the  establishment  of  the  manipular  constitution,  the 
}^pm  contained  invariably  sixty  centuries,  and 
even  after  the  introduction  of  the  eoiors  milUaria^ 
9«  bare  no  good  evidence  to  prove  that  any 
cbaoge  took  place  in  this  respect  except  we  choose 
to  adopt  the  statements  of  Vegetius. 

i^gimm. —  There  is  much  doubt  with  regard  to 
the  inport  of  the  word  sigmun^  when  used-  to  denote 
a  diriaon  of  the  legion,  in  such  phrases  as  sigm  uniui 
mHUa/erre  teakujusnt  (Liv.  xzv.  23) ;  and  postero 
^mn  tanas  nffmmilitUms ....  pergiiireadurlenL 
(Lir.  xxxiii.  1.)  The  question  is,  whether  in 
tbese  pauages  we  are  to  understand  that  a  maniple 
B  meant  or  a  century.  On  the  one  hand,  it  is 
^nitted  that  after  the  legion  was  marshalled  by 
cohorts,  each  century  had  its  own  standard,  and 
in  10  fiv  as  the  earlier  ages  are  concerned,  Poly- 
Mos  eipressly  tdls  us  that  there  were  two  standard- 


EXERCITUSL 


50t 


bearers  (<y9pat  oinuM^Sponn)  in  each  maniple 
(see  also  Liv.  viiL  8).  On  the  other  hand,  one  of 
the  names  given  by  Pdybins  to  the  maniple  is 
ny/uuo,  which  seems  to  correspond  exactly  with 
SA^mim,  and  Varro  in  his  glossary  of  military  terms« 
**•  MampmloM  exercitns  minimas  manns  quss  unimi 
sequuntnr  signum,**  to  which  we  may  add  Liv.  xxvii. 

U.,  **  ni  C.  Decimius  Ftovus signo  adrepto 

primi  hastati,  manipulum  eins  signi  se  sequi  jus- 
sisset,^  and  as  to  the  Mfwr  tfUfcaio^^pow,  although 
there  were  two  standard-bearers,  it  does  not  follow 
that  there  were  two  standards. 

Ordo  genemlly  signifies  a  century,  and  ordmum 
dmeior  is  synonymous  with  omterib,  and  dueer* 
komedum  ordimm  means  to  be  one  of  the  principal 
centurions  in  a  legion.  On  the  other  hand,  in  the 
celebrated  chapter  in  Livy  (viiL  8.),  discussed 
above,  ordo  undoubtedly  denotes  one  of  the  ori- 
guial  maniples,  and  when  we  read  in  book  xlii.  34. 
^  Mihi  T.  Quinctius  Fhmiininus  decumum  Ofdinem 
hastatum  adsignavit,**  the  speaker  seems  to  declare 
that  he  had  been  raised  from  the  ranks  to  the  post 
of  a  centurion  in  the  10th  maniple  of  the  Hastati. 
These  must,  however,  be  regarded  as  exceptions. 

Contubermum,  —  This  was  the  name  given  under 
the  empire  to  the  body  of  soldiers  who  were  quar- 
tered together  in  the  same  tent ;  the  captain  of  the 
mess,  deca$tm$  or  deemrioy  is  called  by  Vegetius 
octput  amtuhemUj  and  Ammianus  designates  the 
mess-mates  by  the  word  eoneorporalea, 

8.  Ii€utati,Pnneipe$^  THam,  Pilam^  AntepUamj 
Antengnam^  Prim^fia.  —  No  reasonable  doubt 
can  exist  that  the  Hcutati  were  so  called,  from 
having  been  armed  with  a  hatta  (Hastati  dieti 
qui  primi  katti$  pugnabami^  Varr.  L,  L,  v.  3d),  the 
Pvincipea  from  having  occupied  the  front  line  (the 
etymology  of  Varro,  ^  &  is  here  not  distinct,  PaiN- 
CIPB8  ^M*  a  prineipio  gUuUit),  the  TWom,  others 
wise  named  Pilaniy  from  having  been  ranged  bo* 
hind  the  first  two  lines  as  a  body  of  reserve  and 
armed  with  the  pilum  (Pilani,  qui  pilis . . . 
Pilani  Triariiquoquedidi  quod  in  acts  tertio  ordmo 
extremis  subsidio  deponebantur  ;  quod  hi  ttibsidtbatii^ 
id>  so  subsidium  dictum^  a  quo  PkaUuSy 

Agile  nunc  subsidite  omnes  quasi  solent  triaru^ 

Varr.  le, ;  comp.  Liv.  viiL  8),  while  the  first  two 
lines  were  termed  collectively  Antepilcmi^  from 
standing  in  front  of  the  Piicuu.  In  process  of  time, 
it  came  to  pass,  that  these  designations  no  longer 
expressed  the  actual  condition  of  the  troops  to  which 
they  were  attached.  When  Polybius  wrote,  and 
long  before  that  period,  the  Hastati  were  not  armed 
with  hastae,  but  in  common  with  the  Priudpes  bore 
the  heavy  pilum:  on  the  other  hand,  the  pilani 
carried  kasiae  and  not pila,  while  the  Prindpes  were 
not  drawn  op  in  the  front,  but  formed  the  second 
line.  The  origin  of  this  discrepancy  between  the 
names  and  the  objects  which  they  represented,  is 
somewhat  obscure,  but  perhaps  not  altogether  be- 
yond the  reach  of  a  very  simple  conjecture.  The 
names  were  fint  bestowed  when  the  Roman  anny 
was  disciplined  according  to  the  tactics  of  the 
Grecian  phalanx.  At  that  time  the  hastati  were 
the  skirmishers  armed  with  a  light  javelin  (the 
kasta  veliiaris),  who  were  thrown  forward  in  ad- 
vance of  the  main  body,  and  it  is  with  reference  to 
their  ancient  duty  that  Enniiis  in  the  eighth  book 
of  his  annals  uses  an  expression  no  longer  appli- 
cable in  his  day. 

^Hastati  spaignnt  hastas,  fit  ferrous  imber.^ 

K  K   3 


602  EXERCITUS. 

In  coiTDl>omtion  of  this,  it  will  be  seen  from  the 
celebrated  chajyter  in  Liry  (viii.  8),  which  we 
haye  diaciuaed  at  length  above,  that  after  the  open 
order  had  been  established,  and  the  majority  of 
the  hastati  had  become  hoplites  (aaUati),  one-third 
of  the  men  in  each  maniple  were  equipped  as  light 
troope  **  manipulns  leves  vicenos  milites  ....  leves 
autem,  qui  hastam  tantam  gaeaaqae  gererent** 
The  Principes  were  the  front  ranks  of  the  phalanx, 
men  in  the  full  rigour  of  their  yean  and  strength, 
clad  in  complete  defensive  armour,  and  hoice  dis- 
tinguished by  Livy  (^  e.)  as  **  insignibus  maxime 
armis.**  The  PUam  were  in  the  rear  of  the  phar 
lanx,  and  as  the  opposing  hosts  approached  each 
other,  before  they  were  required  to  give  weight 
and  momentum  to  the  mass,  threw  the  heavy 
pilum  over  the  heads  of  their  comrades,  in  order 
to  break,  if  possible,  the  continuity  of  the  enemy^ 
line. 

Vegetitts  uniformly  places  the  Principes  in  front 
(L  20,  ii.  2,  15,  iil  14),  and  it  is  only  necessary 
to  read  the  sentences  in  which  they  are  mentioned, 
to  perceive  how  hopeless  is  the  confusion  which 
pervades  his  statements. 

ArUengnanL — While  the  Hastati  and  Principes, 
taken  together,  were  sometimes  termed  Aniepihnit 
in  contradistinction  to  the  Triarii,  so  the  Hastati 
alone  were  sometimes  termed  Antesignani^  in  con- 
tradistinction to  the  Principes  and  Triarii  taken 
together.  That  the  Antesignani  were  the  soldiers 
who  fought  in  the  front  ranks,  is  manifest  from 
almost  every  pussage  in  which  the  word  is  found 
(e.  g.  Liv.  ii.  20,  viL  33)  ;  that  they  were  so  called 
from  being  placed  before  the  standards,  is  proved 
by  the  description  of  the  confusion  which  prevailed 
in  the  engagement  at  the  Thrasymene  lake,  **  Non 
ilia  (sc  pugna)  ordinata  per  principes,  hastatosque 
ac  triarios,  nee  nt  pro  signis  antesignani,  post  signa 
alia  pugnaret  acies"  (Liv.  zxiL  5)  ;  that  they 
were  not  the  Velites  is  clear  from  the  marshalling 
of  the  troops  before  Zama,  **vias  patentes  inter 
manipulos  antesignanorum  velitibus  complevit  ** 
(Liv.  zzz.  33,  who  here  translates  Polybius) ; 
that  they  were  the  soldiers  who  formed  the  first 
line  as  distinguished  from  the  second,  appears  from 
the  narratives  of  the  battles  against  the  Latins, 
**caesos  hastatos  principesque,  stragem  et  ante 
signa  et  post  signa  factam,  triarios  postremo  rem 
restituisse  **  (Liv.  viii.  U  ),  and  against  the  Tuscans, 
**cadunt  antesignani,  et  ne  nudentnr  propugna- 
toribus  signa,  fit  ex  secunda  prima  acies  **  (Liv. 
ix.  39)  ;  and  from  these  two  quotations,  it  is 
farther  evident  that  the  position  of  the  **  signa  ^* 
was  behind  the  hastati  and  before  the  principes. 
These  tigna  must  have  been  the  ordinary  standards 
of  the  maniples,  for  we  know  that  the  aquila  was 
in  the  custody  of  the  first  maniple  of  the  triarii. 
The  term  Antemgnani  having  become  established 
as  denoting  the  front  ranks  in  a  line  of  battle,  was 
retained  in  this  general  sense  long  after  the  Hastati, 
Principes,  and  Triarii  had  disappeared  (see  Caes. 
B»  C.  i.  43,  iii.  84,  where  they  are  the  oldest  and 
best  soldiers,  who  now  led  the  van.  Comp.  Varro 
ap.  Non.  t.  V,  Antef^nanorum.) 

Another  term  employed  to  denote  the  front 
ranks  of  an  army  in  battle  array  is  Prindpia,  and 
in  this  sense  must  be  carefully  distinguished  from 
the  PriMcifna  or  chief  street  in  the  camp,  and  from 
Prindpioy  which  in  the  Liter  writers,  such  as  Am- 
mianus  and  Vegetius,  is  equivalent  to  principaie$ 
niUi/et  (Liv.  ii  65,  iil  22,  viii.  10  ;  Sisenn.  ap. 


EXERdTUSb 

Non.  t.  0.  mandare;  SalL  Jug.  54  ;  Tae.  HuL  ii 
43  ;  comp.  Vair.  ap^  OelL  iil  4  ;  Temt  Bn.  \j 
7,  and  note  of  Dooatus  ;  Sene&^  ViL  beaLU), 
Pottrngnam  does  not  occur  in  any  author  oiliei 
than  Ammianus  Marcellinus  (xviiL  8.  §  7,  xxir.  G 
§  9),  and  therefore  need  not  be  illostrsted  hm 
the  Sub$igmmu$  mUet  of  Tadtos  {Hi$L  i  76,  ir 
33)  seems  to  be  the  same  with  the  VmQam,  vfa( 
fall  under  our  next  period. 

Horarii^  Acoaui^  Fen$Uarii,  Jaedaionty  Fe^ 
Proculnioret, 

Light-armed  troops  (levia  omiatera)  v«c, 
from  the  first,  associated  with  the  hoplites,  bvt 
under  different  circumstances  and  difiereat  names, 
at  different  periods. 

When  the  Hastati  had,  in  a  great  measmv,  oeaied 
to  act  as  tirailleurs,  their  place  was  supplied  bj 
the  Rorarii  ( JtORARii  dicH  ah  rofv,  qneommitiAiid 
bellum  on/fl,  ideo  quod  ante  rorat  quam  f/«d,  Yam, 
L.  jL  viL  §  67),  whose  method  of  fighting  has  ben 
described  above  (p.  495).     The  AeoauL,  sa  d«^ 
scribed  by  Livy  (viii  8),  were  inferior  in  etpiip- 
ment  to  the  rorarii,  although  employed  in  s  siniikr 
manner,  and  seem  to  have  been  camp  fbUoven  « 
servants  ( Aocbnaos  mmittraiom  Oato  em  xriUL, 
Varro,  L  e,  and  ap.  Non.  MarcelL  t.  v.  aeeenti),  and 
hence  the  name  is  given  to  those  also  who  atteoded 
upon  magistrates  or  other  officials  (e.^.  Cic  ad 
Fam,  iil  7,  ad  (IFr,  I  \.  %  4,  7).    At  a  later 
period    the  ooomn    were  Bupemunienriei»  Hig 
served  to  fill  up  any  vacancies  which  oocoired  ia 
the  course  of  a  campaign  (Aocbnsi  diedtaatMnfu 
M  Uxmm  mortuorum  mUitum  nAUo  uimgabatsr, 
FesL  t.  9,\  persons  to  whom  Varro  gives  the  name 
of  adtoriptim  {quod  oli$n  adtcribdtmdur  nemet, 
armatU  miUtibua  qui  tucoederemt,  L.  £.  viL  §  55) ; 
and,  according  to  Festos  (pi  198,  ed.  MiilkrXa^ 
oMsau  was  the  name  given,  orijginally,  to  the  tf^ 
or  lieutenant  of  the  centurion,  a  &ct  to  vhieb 
the  Pseudo-Asconius,  perhi^  refers,  when  he  aji 
(in  Verr,  il  28),  *'^ooisassft  nomen  est  ordiniset 
promotionis  in  militia,  ut  nunc  didtor  princeps,  re] 
commentariensis  aut  comiculariuSb      Haec  enim 
nomina  de  legionaria  militia  sumpta  sant" 

Another  ancient  term  for  light'Srmed  uAd'ien 
was  FerentarU,  a  word  found  in  the  TrinummiD  of 
Plautus  (ii.  4.  55),  where  yirsateriwaswo  signi- 
fies a  friend  nimble  and  prompt  to  lend  sasistaQte  ; 
in  Sallust  (OcOiL  60),  ^Postqoam  eo  ventnm«t. 
undo  a/erentatiu  proelium  committi  posset  ;**  snd 
even  in  Tacitus  (Ann,  xil  35),  **  fierentariiis  grsnv 
que  miles."  The  term  is  twice  explained  hr 
Vano,  who,  in  his  treatise Z>0  VUaPopuURo*^ 
after  defining  aooenst^  adds  (i^  Noa  MarcelL 
9.  V,  Deeurio\  "  Eosdem  etiam  quidam  voabont 
ferentarioa  qui  depugnabant  pognis  et  lapdibu. 
his  armis  quae  ferrmUur^  non  quae  tenePcntar;" 
and,  again  {I.  L.  vii.  §  57),  "/Vrflrtwnw  a 
ferendo  ....  aut  quod  ferentarii  eqnites  hi  dirti 
qui  ea  mode  habebant  anna  quae  fern^bff^  « 
jaculum,**  whence  it  appears  that  horsemen  o 
well  as  foot-soldiers  were  sometimes  known  br 
this  appellation.  Rorarii  and  aeeeuti  stand  Uh 
gether  in  a  line  quoted  (Vams  Le.)  bomw 
FriVolaria  of  Plautus. 
Ubi  rorarii   estis?  en  sunt    Ubi  wnt  aceenii? 

Ecce!  — 
**  Rorarius  veiox  ♦♦  occurs  twice  in  the  fragmw? 


of  Lucilius  ;  and  even  Symmachoi,  m  one 


ofiui 


EXBRCITTJS. 

forties  (tib.  47X  ^wi  an  illiutmtion  firom  this 
•aoxce  ''taaiqiiam  lem  amuUuFM  miles  BoruiM 
lezRilazis.** 

Tbe  Fefifeat,  oiled  also  PnoAUm^  Ixecauie 
tfc«T  vcfe  enqdoTed  oo  outpost  duty  when  the 
Roaau  were  encamped  before  an  enemy  (Festoa, 
JL  e.X  vcse  fint  fonned  into  a  corps  at  toe  riege  of 
CapQo,  &  a  21],  as  we  are  informed  by  Livy 
(sxTL  4,  eompuzzxriiL  21,  and  VaL  Max.  il  3  ; 
Fmtin.  ir.  7),  who  ^Tes  a  minnte  description  of 
the  dremBstBnoes  whidi  led  to  their  institation, 
Bod  of  tile  manner  in  which  they  were  armed. 
It  is  trae  that  the  historian  uses  the  term  VdUa 
hetn  the  epoch  in  question  (&  g.  xzi.  £6,  zxiv. 
34) ;  and  Pdybins,  in  like  manner,  speaks  of 
•)ip97^s!^i^Cst&om  the  time  of  the  first  Pnnie  war ; 
let  these  ezpreasions  mnst  be  imderstood  to  iir- 
£c3te  the  light-aimed  troops  as  they  then  existed, 
and  whadiy  after  the  name  Rocarii  fell  into  disnse, 
vete  styled  Jaedatorts  or  TcjoirorrurTvl.  We 
zsBst  not  eendude  from  the  narnttire  of  Liry,  that 
it  vss  cBstemaiy  for  the  Velites  to  moont  behind 
tbe  cavalry  ;  on  the  contrary,  the  aboTe  passage  is, 
perhaps,  the  only  one  in  which  they  are  represented 
u  employed  in  this  manner,  although,  in  later 
tmea,  it  was  by  no  means  uncommon  for  light- 
aimed  troops  to  mingle  with  the  horsemen,  to  keep 
pace  with  them,  and  to  support  them  in  their 
opeiatinos  (Caesar,  B,  G.  i  48,  viii.  19,  B.C.  iiL 
84;SaIL^«y.91). 

The  fore^  lightrarmed  troops  will  be  noticed 
xader  the  next  epoch. 

7%BQS^eencfihe  Legum. 

TrSmuL — The  chief  officers  of  the  legion  were 
the  THbmi  MiUimm,  rendered  by  the  Greeks 
X(Xlapxo«*  Trahnncs  is,  unquestionably,  deiired 
from  trAn;  and,  aoooiding  to  Varro  {L.  L.  t, 
§  81),  in  ancient  times  three  were  sent  to  the 
ansj, — one  from  the  Ramnes ;  one  from  the 
Looks  ;  one  from  the  Tities, —  who  would  then 
^  the  commanden  of  the  original  legion  of  3000. 
Id  the  time  of  Polybius,  the  number  in  each  legion 
«ai  nx ;  but  when  and  under  what  circumstances 
tiiig  increase  took  place,  is  unknown.  Two  pas- 
osei  fion  Livy  (viL  5,  ix.  30),  to  be  more  par- 
ticnlariT  adverted  to  hereafter,  by  which  Sigonius 
endesToored  to  throw  light  upon  the  question, 
admit  of  an  interpretation  totally  di£ferent  from 
that  vhich  he  has  assigned  to  them,  and  they 
iea^  the  matter  altogether  in  doubt  After  the 
ntnober  six  was  once  established,  it  does  not 
Appear  to  hare  raried  for  many  centuries,  nor  do 
we  know  what  changes  were  mtroduoed,  in  this 
nspect,  during  the  decline  of  the  empire.  The 
t«ie  in  Liry  (xliL  35),  where  four  military  tri- 
boBea  are  represented  to  have  been  chosen  frt>m 
the  senate  to  command  four  legions,  supposing  the 
text  to  be  fiinltless,  is  manifestly  quite  speciaL 

It  mnst  be  understood  that  the  authority  of 
ndi  tribune  was  not  confined  to  a  partienlar  portion 
of  the  legiofn,  but  extended  equally  over  the  whole. 
Id  Older,  howerer,  to  prevent  confrtfion  and  coUi- 
no^  it  was  the  practice  (Polyb.  vi.)  for  the 
tnlmnes  to  divide  themselves  into  three  sections  of 
two,  and  each  pair  undertook  the  routine  functions 
for  two  months  out  of  the  six,  during  which  active 
op^tions  in  the  field  usually  lasted.  (Comp. 
LiT.xL4l,  *'Secundae  legionis  Fnlvius  tribunus 
nilitam  tait,  is  mmsUrtu  ama  dimisit  legionem.**) 
lo  addition  to  the  duties  specified  by  Polybius, 


EXKRCITUa 


508 


and  already  detailed  under  Castra,  and  to  the 
general  superintendence  which  they  must  have 
exercised,  we  perceive  that  they  nominated  the 
centurions,  and  assigned  to  each  the  company 
which  he  was  to  command.  They  presided  also  at 
courts-martial,  and  had  the  power  of  awarding  the 
highest  punishments. 

Up  to  the  year  &  c  861,  the  tribunes  were 
chosen  by  the  commanders-in-chief,  that  is,  by  the 
kings  in  the  first  instance,  and  afterwards  by  the 
consuls,  or  a  dictator,  as  the  case  might  be.  In 
the  year  above  named  the  people  assumed  to  them- 
selves the  right  of  decting  either  the  whcde  or  a 
certain  number,  it  is  impossible  to  say  which  (Liv. 
vii  5X  but  they  seem  to  have  allowed  matters  to 
return  to  a  great  extent  to  their  fivmer  state  until 
B.  a  311,  when  it  was  ordained  that  they  should 
choose  sixteen  for  the  four  legions  (Liv.  ix.  30)  ; 
but  whether  this  embraced  a  whole  or  a  part  only, 
is  a  point  upon  which  we  are*  again  left  in  doubt 
From  this  time  fiffwaid,  in  virtue  of  the  rogation 
then  passed,  the  people  continued  to  elect  the 
whole,  or,  at  all  events,  the  greater  number  until 
B.  c.  207,  when  the  consuls,  Claudius  Nero  and 
Livins  Salinator,  appointed  the  tribunes  to  nineteen 
out  of  the  twenty-three  legions  of  that  year,  the 
people  takinff  to  themselves  the  nomination  to  the 
first  faar  onfy  (Liv.  xxvil  36).  When  war  was 
declared  agamst  Perseus  B.C  171,  a  special  act 
was  passed  that  the  military  tribunes  for  that  year 
should  not  be  elected  by  Uie  votes  of  the  people, 
but  should  be  nominated  by  the  consuls  and 
praetors  (Liv.  xlii.  31.)  ;  the  same  arninffement 
probably  was  adopted  the  foUoMnng  year,  for  it  is 
particularly  mentioned  that  in  the  third  year  of 
the  war  (b.  c.  169),  the  people  named  the  tribunes 
of  four  legions,  which  were  kept  in  reserve  (Liv. 
xliil  12)  ;  and,  finally,  in  the  fourth  and  last  year 
of  the  war  (b.c  168),  the  senate  resolved  that 
the  tribunes  for  the  eight  legions  should  be  named 
one  half  by  the  people  and  one  half  by  the  consuls, 
Aemilius  Paulus  being  allowed  to  select  out  of  the 
whole  body  those  whom  he  considered  best  fitted 
for  serving  in  the  two  legions  which  he  was  about 
to  transport  into  Macedonia.  Polybius  (vl  Id) 
refers  incidentally  to  the  feet  that  some  of  the 
tribunes  were  chosen  by  the  people,  and  some  by 
the  consuls,  but  without  specifying  the  proportions, 
and  this  division  of  patronage  probably  subsisted 
so  long  as  the  fiirms  of  the  constitution  were  main- 
tained,  for  even  under  Augustus  the  people  re- 
tained some  power,  nominally  at  least,  in  the 
military  elections  ;  but  fit>m  the  reign  of  Tiberius 
these  offices  were  held  to  be  in  tne  gift  of  the 
prince  exclusively.  It  is  clear  that  in  the  later 
ages  of  the  republic  the  nomination  of  tribunes, 
not  elected  by  the  people,  was  vested  not  in  the 
consuls  alone  but  in  proconsuls  also,  and  generally 
in  those  who  held  the  chief  command  in  an  army. 
Thus  Cicero,  when  in  Cilicia,  offered,  at  the  re- 
quest of  Brutus,  a  tribnneship  to  Scaptius  (Cic  ad 
AtLyl$)i  and  the  orator,  at  another  time,  gives 
a  hint  to  Caesar,  when  in  Gaul,  that  he  might 
bestow  a  tribuneship,  or  some  such  office,  on  Tre- 
batins  (Cic  ad  Fata.  vii.  5)  ;  while  Caesar  himself 
found,  to  his  cost,  that  he  had  attended  too  much 
to  the  chums  of  friendship  in  granting  these  ap- 
pointments. (Caes.  B,  G,  i.  39.)  Those  tribunes 
elected  by  the  votes  of  the  people  were  termed 
ComitiaH^  those  chosen  by  the  general  RufuU;  be- 
cause, says  Festtts,  their  privileges  were  fixed  by 

K  K   4 


804  BXfiRpITUa 

•  law  bf  RotBtiifl  Rufbe.  (Lir.  til  5 ;  Psend. 
Asoon.  M  Verr.  Act  L  30  ;  Feetiu,  «.  v.  AyUi.) 
That  all  tribunes  were  not  upon  an  equality  is 
clear  from  the  expression  of  Livy  (xli.  S.)*  ^  ^ 
Atios,  tnbmm  prinuu  secnndae  legionis  ;^  and, 
from  the  Cornelian  law  quoted  by  Cicero  (Prtt 
CZuenL  54),  where  the  tribmies  of  the  first  four 
legions  are  endently  regarded  as  superior  to  others. 
HoMT  this  precedence  was  reffuUted,  whether  by 
seniority,  by  the  mode  of  election,  fx*  by  some 
other  principle  we  cannot  determine. 

We  hare  seen  from  Polybins  that  no  one  was 
digible  to  the  office  of  tribune  who  had  not  served 
for  ten  years  in  the  in&ntry  or  fire  in  the  cavalry. 
This  rule  admitted  of  exceptions,  for  we  find  that 
the  elder  Scipio  Africanns  was  tribune  of  the 
soldiers  at  the  battle  of  Cannae  (Liv.  xxiL  53),  al- 
though  certainly  not  twenty  years  old  ;  and  Hor- 
tensius  rose  to  the  same  rank  in  his  second  cam- 
paign. Augustus  introduced  certain  regulations 
altogether  new.  He  permitted  the  sons  of  senators 
to  wear  the  iunioa  latidavia  as  soon  as  they  as- 
sumed the  manly  gown,  and  to  commence  their 
military  career  as  tribunes,  or  as  commanders 
(prae/eeU)  of  cavalry  (Suet  Odav.  38).  Such 
persons  were  the  TYibuni  LaHdavii  (Sneton.  Dom, 
10),  whom  we  find  frequently  commemorated  in 
the  inscriptions  of  the  empire  (Orelli,  n.  133, 1665, 
2379,  3113, 3143,  3441),  and  to  these  we  observe 
allusions  in  Horace  {SaL  L  6.  25),  and  in  Statins 
{Sj^v.  V.  1.  97).  We  find  also,  in  one  passage  at 
least,  the  phrase  Tribmut  Avfftuiiciavius  (SuetO^. 
10).  We  can  scarcely  suppose  that  raw  youths 
entering  the  army  for  the  first  time  were  actually 
allowed  to  exercise  the  authority  which  the  name 
implies  ;  and  hence  we  may  conclude  that  in  their 
case  it  was  a  mere  honorary  title.  By  the  later 
emperors,  tribuneships  were  bestowed  without  re* 
gaid  to  the  birth  of  the  individual ;  and,  in  order 
that  they  might  have  an  opportunity  of  obliging  a 
greater  number  of  applicants,  the  post  was  fre- 
quently conferred  for  six  months  only.  Hence,  we 
read  in  Pliny  {Ep.  iv.  4.  1),  *'  Hunc  rogo  tet^tedri 
irihunatu  splendidiorem  facias,**  and  in  Juvenal, 
^  Semutri  vatum  digitos  circumligat  atiro,"  where 
there  is  an  allusion  to  the  gold  ring  which  formed 
one  of  their  insignia. 

Tribunes  were,  from  a  very  early  period,  distin- 
guished by  their  dress  from  the  common  soldiers 
(Liv.  vil  34),  and  their  equipments  and  rations 
in  the  middle  of  the  third  century  may  be  seoi 
from  a  curious  letter  written  by  Valerian,  when  he 
bestowed  the  command  of  certain  battalions  of 
Saracens  on  Probus.  (Vopisc.  Prcb,  4.)  Under 
the  empire  they  were  attended  by  a  certain  num- 
ber of  apparitoret^  or  of  soldiers  who  walked  be- 
fore them  (Liamprid.  Alex,  Sev,  52),  by  a  Vioarius, 
or  aide-de-camp  (Vopisc.  AureUan.  7.  10),  and  by 
a  person  termed  Ofmicuictrius  Tributii  (Val.  Max. 
▼i  1  ;  Frontin.  iii.  14  ;  Orelli,  Irucripp,  LaL  3465% 
who  was  probably  a  sort  of  fugle-man  who  gave 
certain  signals  according  to  the  orders  which  the 
officers  wished  to  communicate  —  thus  we  meet 
with  the  Comicularius  of  a  centurion  (Val  Max. 
▼L  1.  §  11),  of  a  propraetor  (Orell.  3486),  and 
others.  (Orell.  3487,  3522,  comp.  1251,  comp. 
Suet  Dom,  17.) 

Tribuni  CoKortium, — It  has  been  maintained  by 
some  critics,  that  in  addition  to  the  six  tribunes  of 
the  legions  tliere  were  ten  inferior  tribunes,  each 
of  whom  commanded  a  cohort    We  have  no  rea- 


EXERCITUa 
son  to  believe  that  any  sach  tribmies  exkted  erea 
so  late  as  Hadrian ;  for  Hyginns,  in  his  nuoate 
description  of  a  camp,  and  of  the  aocoiiiiiMtdatiQii 
required  for  the  officers,  makes  no  mentioo  of  than. 
It  is  true  that  we  read  in  Caesar  (B.  C  iL  20), 
and  in  Pliny  (Ep.  iiL  9  ;  comp.  Jut.  L  5S  ^  Sut 
Sylv,  V.  96)  of  tribunes  who  commanded  oohoru ; 
but  those  in  Caesar  were  not  legionary  but  auxi- 
liary cohorts,  and  such,  in  all  probability,  was  the 
cohort  alludeid  to  by  Pliny. 

Uiuler  Augustus  and  his  succeason  TriUmms  was 
employed  with  reference  to  many  militaiy  officer 
Thus  Velleius  Paterculus  tells  us  (iL  104),  that  he 
discharged  the  duties  of  TrilmmnM  CkutrormMt,  and 
in  inscriptions  we  meet  with  Dribtmu*  PraetoriaauM 
(Orell.  1133),  TnbmiuFdbnm  A'avaiimm  (OielL 
3140),  and  many  others. 

Ceniurioiut, —  Next  in  rank  to  the  Tribvoos 
was  the  CbiAino,  who,  as  the  name  implies^  com- 
manded a  century;  and  the  century,  being  termed 
alsoort^,  the  centurions  were  frequently  designated 
ordmum  ductore$  (hence,  adimare  ordmea,  ij^rrre 
ordines,  ordines  impetrare^  &c.),  words  represented 
in  the  Greek  historians  by  iKoromdpxns  or  to- 
^lapxos,  and  more  rarely  by  AoxaeVi^s;  The 
number  of  centurions  in  a  legion  was  sixty,  that 
being  at  all  epochs  the  number  of  centoiies. 
(Dionys.  ix.  107  ;  Tac  Ann.  I  32.) 

The  moral  qualities  desired  in  a  centurion  are 
described  by  Polybius  (vl  24),  who  tells  vs  that 
those  regarded  as  best  adapted  for  the  office  were 
persons  not  so  much  remarkable  for  dazii^  valouf 
as  for  calmness  and  sagacity ;  men  not  eager  to 
begin  a  battle  at  all  hassrds,  but  who  wmild  keep 
their  ground  although  overwhelmed  by  a  superior 
force,  and  die  rather  than  quit  their  post     Their 
chief  ordinary  duties  were  to  drill  the  soldieia,  to 
inspect  their  arms,  dothing,  and  food,  to  watch  the 
execution  of  the  toils  imposed,  to  visit  the  centineU, 
and  to  regulate  the  conduct  of  their  men,  both  in  • 
the  camp  and  in  the  field.    They  sat  as  judg^ 
also  in  minor  offences,  and  had  the  power  of  in- 
flicting corporal  punishment,  whence  their  badge 
of  office  was  a  vine  sapling,  and  thus  rdu  is  fre- 
quently used  to  denote  the  office  itselC  (Tac  Amm,. 
1 23 ;  Plin.  H.  N,  xiv.  1  ;  Martial,  x.  26  ;  compL 
Juv.  viii.  247,  xiv.  193^  vtiem  poaee  Ubello  ;  Spar- 
tian.  Hadrian,  10.) 

According  to  the  system  described  by  Pol  jbius, 
the  centurions  were  chosen  according  to  merit  bj  the 
tribunes  (  ^{^Ac^oy  ra^idpx^*'^  ipurrltfhiw\  subject 
however,  it  is  evident,  to  the  control  of  the  consab 
(see  Liv.  xlii.  33,  34)  ;  during  the  decline  of  there- 
public,  it  was  notorious  that  these  posts  were  made 
an  object  of  mercenary  traffic  (Qson  emm  potsHmu* 
imperatorem  aliquo  in  numeroputare^  cuius  as  ejcer- 
dtu  veneani  ceniurlaUa  et  venierint  t  Cic  pro  L^ 
Manil.  13.  Quidf  oatiurialm  paiam  veuditot!  Ck. 
in  Pisom.  36)  ;  and  under  the  empire,  the  neat^t 
corruption  prevailed  (Taa  HisL  i.  52,  liL  49; 
Plin.  Ep,  vL  25),  although  many  laws,  as  may  be 
seen  upon  reference  to  the  codes,  were  prarnol- 
gated  from  time  to  time  to  remedy  such  disocderL 
The  regular  pay  of  the  centurions  is  considered 
underanother  head  [Stipsndium]  ;  but,  in  addition 
to  this,  their  income  was  increased  by  the  money 
which  they  received  from  the  soldien  for  leare 
of  absence,  exemption  from  fatiguing  or  diaagrse- 
able  duties,  and  other  indulgences.     This  abus^  w 
subversive  of  all  discipline,  probably  arose  daring 
the  confusion  of  the  civil  war%  and  graduaUj  be- 


BXERdTUaL 

OMWiBtelnlile  Uist  Otho,  to  aatufy  all  par- 
ties,  gmted  to  the  centurions  a  fixed  sum  out  of 
ik  baptal  exchequer  m  a  oonpeneation  lor  theM 
emlinaaitt;  and  faia  example,  in  this  xetpect,  wai 
i>Qoved  hj  the  moat  worthy  of  hia  siioceMon. 
(Ta&  HuL  1 46  ;  eonp.  L  1 7.)  Even  the  tribunes 
appear  to  haTe  derired  perqniaites,  called  stetlo' 
tew^  from  the  lations  of  the  soldien,  and  theae, 
aithsofli  far  a  time  atrictlj  prohibited,  were 
eTEBtallj  zeeognised  as  lawfiiL  (Spartian.  Hadr, 
JO ;  SpsitiBtt.  Ftaeemm.  Nig.  3  ;  Lamprid.  AUa, 
&c.i5;Cod.  12.  tik  38w  8.12;  Cod.  Theod.  7. 
tit  4.  a.  28.) 

It  will  be  seen  from  Poljbins  that  of  the  two 
catniaaa  in  each  maniple  the  one  first  chosen 
took  tke  oonmand  of  the  right  division  (4  luv 
t^irot  ai^f§ds  ^y^rrat  rev  M^ioi;  fUpovs  riis 
n^\  the  other  of  the  left.  The  centniy  to 
tk  ligirt  vss  conaidered  as  the  first  centoiy  of  the 
ZBaDiple,  and  its  commander  took  precedence  pro- 
kbtf  with  the  title  Prior^  his  companion  to  the  left 
WtBf^  calied  Posterior,  the  prioret  in  each  of  the 
URc  diviaioBs  of  Trmiii,  Principes,  and  Hastati 
Wing  the  ten  eentarions  first  chosen.  (Polyb.  vi 
34.)  So  long  as  these  divisions  were  recci^iised, 
aQ  the  centuzions  of  the  Triarii  appear  to  hare 
n&ked  hdan  those  of  the  Prindpes,  and  all  the 
actaiions  of  the  Principes  before  those  of  the 
Hastati  Moreover,  since  the  maniples  were 
nabeted  in  each  dirisioa  from  1  to  10,  there  was 
inbaUy  a  legolar  progression  from  the  firat  cen- 
tsiiao  of  the  fint  maniple  down  to  the  second 
ceatanoa  of  the  tenth  maniple. 

The  fiiat  centnrion  of  the  first  maniple  of  the 
Triani,  originally  named  (Lit.  rii.  41)  Ceniurio 
Pri»mi^  sad  afterwards  Centurio  Ptim^niiy  or 
B&plf  Primifibu^  oecupied  a  veiy  oonspicuoos 
poBtioB.  Be  atood  next  in  lank  to  the  Triboni 
°ilitaia;  hs  had  a  seat  in  the  militarj  council 
(PoljK  vL  24)  ;  to  his  charge  was  committed  the 
^gle  of  tke  Iqpon,  whence  he  is  sometimes  styled 
^f^CVsLMax.ifi.f  II;  Tac  Hu^  iil 22; 
Xfmji.  X.  36),  and,  under  the  empire  at  least,  his 
ofiee  «aa  Toy  locratiTe  iloeig)leUm  aquilam^  Jut. 
lir.  197 ;  Hart  L  32,  vi  68). 

A  loiea  of  tarns  connected  with  these  anange- 
Bcoti  ire  fiunished  by  the  namtive  which  Sp. 
^°<t>nna  gives  of  his  ovni  career  in  the  34th 
c^te  of  the  42d  Book  of  Liv^.  He  thus 
^'■nnatea  the  varions  steps  of  his  promotion : 
^  M3u  T.  QoinctiDs  Flamininus  ciiscKmam  ordmem 
iMam  adaignavit ...  me  imperator  dignnm  jn- 
^^tcaipriawBi  fciafcrfasi  priorit  eenturioB  id- 
H"^  ...  a  M*.  Acilio  mihi  pHmns  prineqM 
y^  ooiterias  est  adsignatns . .  •  qnater  intra 
P^°o»  annoa  mnoa  jnUm  dmaa^*  The  gradoal 
"fofot  frooi  the  ranks  being  to  the  post  of  cen- 
^ :  lln  the  tenth  maniple  of  the  Hastati  2. 
In  the  fint  eeotoxy  of  the  fint  maniple  of  the  Has- 
^  ^  In  the  first  century  of  the  first  maniple  of 
«  Prindpca.  4.  In  the  firat  centuiy  of  the  firat 
■wiplerf  the  Triarii. 

Boterm  after  the  distinction  between  Hastati, 
"^°cipei,  sod  Triarii  was  altogether  abolished, 
^  they  weie  all  blended  together  in  the  cohorts, 
I*  «Mae  nomenclature  with  regard  to  the  centuries 
*Dd  their  conunaDden  vras  retained,  although  it  ia 
l^no  aeans  easy  to  perceive  how  it  was  applied. 
^  cohofta  being  numbered  fivm  1  to  10,  and 
T^  '^^""'^  having  nnqnestionably  the  prece- 
^'tte  vni  t^  othen^  we  mi^  suppose  that  the 


9XERCITU&  603 

rest  took  tank  in  like  manner  in  tegular  order, 
each  containing  three  maniples.  The  firat  maniple 
in  each  cohort  may  have  been  considered  as  repre- 
senting Triarii  according  to  the  ancient  arrange- 
ment, the  second  maniple  in  each  cohort  ss  repre- 
senting Principes,  the  third  ss  representing  Hastati 
If  this  hypothesis  be  admitted,  the  Pnm^nlut, 
whom  we  find  mentioned  down  to  a  very  bte  date, 
was,  under  the  new  system,  the  fint  centurion  of 
the  first  maniple  of  the  fint  cohort,  and  as  such  had 
as  formerly  the  chai^  of  the  eagle ;  thus  also, 
when  Caesar  aays  {B.  C.  iil  64),  **  Hoc  casu 
aquila  conservator  omnibus  primae  oohortia  oenta- 
rionibns  interfectis  praeter  prindpem  fmortm^"  he 
must  intend  to  designate  the  fint  centurion  of  the 
second  maniple  of  the  first  cohort,  who  would  at 
fiill  length  have  been  denominated  primms  prineept 
prior;  in  like  manner,  **  Cretensi  hello  oduvum 
prindpem  dMMt  **  {Ep,  ad  BnU.  I  8)  will  denote 
the  second  maniple  of  the  eighth  cohort,  ^  Q. 
Fulginins  ex  primo  Juutato  legionis  XIV.  qui 
propter  eximiam  virtutem  ex  inferioribus  ordinibus 
in  eum  locum  pervenemt  ^  (Caes.  B.  C,  I  46),  and 
**  Cum  signifer  primi  hoiUUi  signum  non  posset 
movere  loco  **  (Cic.  ds  Die.  1 35),  the  third  maniple 
of  the  fint  cohort. 

That  great  differences  of  rank  existed  among  the 
centurions  is  evident  from  the  phrases  primores 
eeateribmna  (Liv.  xxvL  5),  primi  oniine$  (t. «.  chief 
centurions,  Caes.  B.  U  vi.  6),  as  opposed  to  in/e- 
riores  ordimea  (Caes.  B.  Gi  I  46),  and  infimi  ordittea 
(Ibid,  il  35)  ;  and  that  promotion  from  a  lower 
to  a  higher  grade  frequently  took  pbce,  is  evident 
from  the  career  of  Liguatinus  as  detailed  by  him- 
self (Liv.  xlil  34),  of  Scaeva,  who  was  raiaed  ^'  ab 
octavis  ordinibus  ad  primum  pilum  ^  ((}aes.  B.  C 
iil  53)  for  his  gallant  conduct  at  Dyrrhachium, 
and  from  many  other  passages  of  which  it  will  be 
sufficient  to  quote  one  from  Oieaar  (B,  G.  vl  42): 
**  Centuriones  quorum  nonnulli  est  in/erioribus  ordi- 
mbmt  reliquarum  legionum  virtutis  cauaa  in  supe- 
riore$  ermU  ordi$ie$  huius  legionia  traducti  ;**  but 
we  aoe  ignorant  whether  in  ordinary  cases  this 
promotion  proceeded  regularly,  or  was  conducted 
according  to  any  fixed  principle.  While  on  the 
one  hand  we  ahould  be  led  to  infer  that  there  was 
some  regular  progression,  frx>m  such  obaervationa  as 
**£rant  in  ea  legione  fortiasimi  viri  centuriones 
qui  jam  primis  ordinibtu  appnipimjuareiU  ^  (Caes. 
B,  G.  T.  44),  and  while  it  is  probable  that  such 
was  actually  the  case  when  the  legion  became  per- 
manent, so  on  the  other  hand  it  is  difficult  to  aee 
how  promotion  could  have  been  ayatematic  during 
the  long  period  when  the  legiona  were  disbanded 
annually,  since  the  choice  of  the  centurion  depended 
entirely  upon  the  discretion  of  the  tribunes  subject 
to  the  control  of  the  general,  who  was  himself 
changed  from  year  to  year,  ao  that  those  who  aerved 
together  in  one  aeaaon  might  be  in  different  legions 
ai^  different  countries  the  next  Nor  was  it  un- 
constitntional  for  a  centurion  who  had  commanded 
one  of  the  higher  companies  to  be  called  upon  sub- 
sequently to  fill  lower  stations :  this  was  not 
common,  as  we  perceive  from  a  case  in  which 
strenuous  resistance  was  offered  by  twenty-three 
centurions  **  qui  primos  pilos  duxerant  ^^  to  enrolling 
unless  their  former  rank  was  guaranteed  to  them 
(Liv.  xlii.  32, 33),  but  thisresiatance  was  overcome, 
and  it  was  held,  that  the  consul  ought  not  to  bo 
prevented  from  assi^ing  that  post  to  any  individual 
in  which  his  services  were  likely  to  prove  most 


M$ 


EXEftCITUa 


Tfdtiable  to  the  state.  It  was  not  until  the  year 
B.  c.  341,  that  a  Uiw  was  passed  by  which  it  was 
ordained,  that  no  one  who  had  held  the  office  of 
military  tribune  should  be  eligible  as  a  centurion 
{ne  quis,  ubi  trilmnua  mUiium  ftdisetypottiM  ordmnm 
duetor  esmi,  Lir.  vii.  41X  and  at  that  time  the 
regulation  was  made  in  consequence  of  the  dislike 
entertained  by  the  soldiers  to  a  particular  individual 
who  during  a  succession  of  yean  had  been  alter- 
nately a  tribune  and  primipilus. 

OpUones. — In  like  manner  as  the  tribunes  named 
the  centurions,  so  each  centurion  named  his  own 
lieutenant,  who  is  called  bv  Polybius  obpay6s^  be- 
cause his  station  was  in  the  rear  of  the  company. 
By  Liyy  (viii.  8),  a  subaltern  of  this  kind  is  named 
whcmturio^  but  the  individual  there  mentioned  was 
selected  for  a  particular  purpose,  and  it  seems  dear 
from  Varro  and  Festus  that  the  regular  term  was 
optio^  which  signifies  in  general  a  person  chosen 
{optatu$\  by  another  as  an  assistant  They  agree 
as  to  the  etymology,  but  the  former  {L.  j^.  v.  91) 
confines  the  term  to  the  lieutenant  chosen  originally 
by  the  decurio  in  a  troop  of  cavalry,  and  adds  thiU 
the  tribunes  had  assumed  to  themselves  the  patron- 
age, **  Quos  hi  (sc.  decurionet)  prime  administroe 
ipsi  sibi  adoptabant,  cptiones  vocari  coepti,  quos 
nunc  propter  ambitiones  tribuni  fiiciunt,**  while  the 
words  of  the  latter  (p.  198,  ed.  MUller),  although 
very  corrupt,  seem  to  imply  that  they  had  been 
originally  appointed  by  the  tribunes,  and  the  nomi- 
nation afterwards  transferred  to  the  centurions: 
**OpHo  qui  nunc  dicitur,  antca  appellabatur  Jc^ 
omtus^  his  adjutor  dabatur  a  Trib.  Militum,  qui 
ex  CO  tempore,  qupm  velint,  centurionibus  per- 
missum  est  optare,  etiam  nomen  ex  facto  sortitus 
est.^*  The  explanation  in  the  Excerpta  of  Paulus 
Diaconus,  is  somewhat  different  from  either :  *^  Op- 
tio  est  optatio,  sed  in  re  militari  opHo  appellatur 
is,  quem  decurio  ant  centurio  optat  sibi  rerum 
privatarum  ministrura,  quo  fadlius  obcat  publica 
officia"  (p.  184,  ed.  MiUler). 

Fourth  Period.  From  the  times  of  the  Oracehi 
until  the  doumfUU  of  the  Republic.  —  The  century 
which  immediately  preceded  the  destruction  of  the 
Roman  constitution,  was  above  all  others  a  season 
of  restless  excitement  and  revolution.  A  vast  num- 
ber of  organic  changes  was  introduced  into  the 
army,  the  greater  number  of  which  are  commonly 
ascribed  to  Morius,  but,  although  he  was  un- 
doubtedly the  author  of  many  most  important 
modifications,  others  not  less  vital  were  the  result 
of  the  new  position  assumed  by  the  Italian  states  ; 
and  some  must  have  required  so  much  time  for 
their  full  development,  that  they  could  scarcely 
have  been  the  work  of  a  single  individual  We 
shall  call  attention  very  briefly  to  the  leading 
features  of  the  new  system,  in  so  far  as  they  can 
be  gleaned  from  the  pages  of  Sallust,  Caesar,  and 
Plutarch,  who  must  be  here  regarded  as  our  chief 
guides. 

1.  In  the  first  consulship  of  Marins,  the  legions 
were  thrown  open  to  citizens  of  all  grades,  without 
distinction  of  fortune.     (Sec  above.) 

2.  The  whole  of  the  legionaries  were  armed  and 
equipped  in  the  same  manner,  all  being  now  fur- 
nished with  the  pilum  ;  and  hence  we  see  in  Taci- 
tus (Ann,  xii.  35)  the  pila  and  fflculii  of  the  legion- 
aries, opposed  to  the  hcutae  and  spalhae  of  the 
auxiliaries.  ' 

3.  The  legionaries  when  in  battle  order  were  no 
longer  arranged  in  three  lines,  each  consisting  of 


EXERCTTCS. 

ten  maniples  with  an  open  space  between  eadi  ma- 
niple, but  in  two  lines,  each  conaistiiig  of  fiTe  co- 
horts with  a  space  between  each  o^ort. 

4.  The  yonnger  soldiers  were  no  longer  plaeed  in 
the  front,  but  in  reserve,  the  ran  being  oomposed 
of  veterans  as  may  be  seen  from  vanoiu  passages 
in  Caesar. 

5.  As  a  necessary  result  of  the  above  anviigr- 
ments,  the  distinction  between  Hastati,  Principes, 
and  Triarii  ceased  to  exist  These  namea,  as  appiir<1 
to  particular  cksses  of  soldiers,  are  not  fband  in 
Caesar,  in  Tacitus,  in  the  treatise  of  Hjgiaos  oo 
castrametation,  nor  in  any  writer  npon  militaiT  af- 
fisirs  after  the  time  of  Marios,  while  Yam  explains 
them  as  terms  no  longer  in  use.  The  weris  Has- 
tatus  and  PKnceps  occur  at  a  later  period,  in  con- 
nection with  the  legion,  but  are  need  only  with 
reference  to  the  precedence  of  the  centoziea  and  of 
the  officers  by  whom  they  were  commanded,  as  we 
have  pointed  out  when  treating  of  the  OBmimrkmes. 

6.  The  Velites  disappeared.  The  akirmishen. 
included  under  the  general  term  fevu  armatmra^ 
consisted  for  the  most  part  of  foreign  meroeiiarif« 
possessing  peculiar  skill  in  the  use  of  some  natioDal 
weapon,  such  as  the  Balearic  slingen  (Jiumiilorrs^, 
the  Cretan  archers  (eoffiUarit),  and  the  Moorish 
dartmen  (jaadcUoreM),  Troops  of  this  doacripdon 
had,  it  is  true,  been  employed  by  the  Romans  em 
before  the  second  Punic  war  (Liv.  zxiL  37),  and 
were  denominated  lemmm  armatorum  (a  armormm) 
atutiUa  (Liv.  L  c  and  xliL  65,  where  they  are  dis- 
tinguished from  the  VelUe$\  but  now  the  Urit 
armatura  consisted  exclusively  of  foreignen,  were 
formed  into  a  regular  corps  under  thdr  own  offioeiis 
and  no  longer  entered  into  the  constitution  of  the 
legion ;  indeed,  the  terms  hgionariMs  and  Itris 
annatura  became  opposed  to  each  other  in  the 
Latin  writers,  jnst  as  SrXrroc  and  i^tKoi  amooj^ 
the  Greeks  {e.g.  '^oeciderant  ex  levi  annatsn 
cocxxiv.  ex  legionariis  cxxxviii,^  Anct^  !?.//»- 
pan.  24,  comp.  Tacit  Ann,  iL  16).  The  wuid 
vdilei  is  not  found  in  Caesar,  and  that  they  had 
ceased  to  exist  when  Livy  wrote  is  dear  frm  the 
expression  in  his  description  of  the  battle  of  Zama, 
where  after  having  used  the  word  "  velitiboa,"  he 


odds  the  explanation  **  ca  tunc  levis  annatma  erat " 
(xxx.  33).  When  operations  requiring  great  ac- 
tivity were  undertaken,  such  as  could  not  be  per- 
formed by  mere  skinnishers,  detachments  of  le- 
gionaries were  lightly  equipped^  and  marched 
without  baggage,  for  these  special  services  ;  and 
hence,  the  frequent  occurrence  of  such  phrases  as 
eaepediii^  eapediH  mUitei,  ejepeditae  ooAories,  and  even 
expeditae  legionee, 

7.  The  cavalry  of  the  legion  underwent  a  change 
in  eveiy  respect  analogous  to  that  which  took  pfaire 
in  regard  of  the  light -armed  troops.  Whoerer 
reads  with  attention  the  history  of  CaesarV  cam- 
paigns in  Gaul,  will  perceive  that  the  number  of 
Roman  equites  attached  to  his  army  was  veiy  small, 
and  that  they  were  chiefly  employed  as  aide-de- 
camps, and  on  confidential  missions.  On  the  other 
hand,  it  is  evident  that  the  bulk  of  his  cavahy  con- 
sisted of  foreigners,  a  fiict  which  becomes  strikingi  t 
apparent  when  we  read  that  Ariovistos  having 
stipulated  that  the  Roman  general  should  come  to 
their  conference  attended  by  cavahy  alone,  Caesar 
feeling  no  confidence  in  his  Gaulish  horM,  dis- 
mounted them  and  supplied  their  place  by  soldJera 
of  the  tenth  legion.  {B,  G.  I  42.)  In  like  numncr 
they  ceased  to.  form  port  of  the  lepaa^  and  fnm 


KXERCITUS. 

idm  tiaw  Ibrwvd  wa  find  the  legions  and  the 
avaliy  spoktai  of  as  completely  distinct  fitxm  each 
€Ckr(e.^.  Cbessr,  B.  G.  t.  11, 18  ;  Appum,  B.  C. 
T.  5X  Wbetlier  there  was  not  to  a  certain  extent 
a  retam  to  the  ancient  sjatem  nnder  the  empire,  is 
B  qaestioa  Thieh  will  fidl  to  be  considered  in  the 
KztsectkiL 

&  When,  after  the  termination  of  the  Social  War, 
a  bfge  pnpoitian  of  the  inhabitants  of  Ital j  were 
adnattcd  to  the  priTikge  of  Roman  citizens,  the 
ladent  disdactun  so  loo^  maintained  between  the 
l^iaau  sad  the  jbea  at  once  disiq>peared,  all  who 
bd  hmedj  served  as  Slocn  became  as  a  matter 
flf  i%bt  iooorpoiated  with  the  ]eg:iones,  and  an 
KDT  darinf  the  last  years  of  the  republic  and 
Bsder  the  nriier  emperors  consisted  of  Romanae 
Ltwma  $t  Auxilia  a  AtutUiaareSy  the  hitter  term 
ccaprehendisg  troops  of  all  kinds,  except  the 
I^idos  sad  the  imperial  guards,  whether  in&ntrj 
(f  eavaliT,  light  armed  or  heaTy  armed,  merce- 
Mca  in  the  psy  of  ^e  state  or  contingents  fmr- 
icslKd  at  the  east  of  kings  and  cities  in  alliance 
▼itk  Room;  The  in&ntry,  not  legionary,  was  for 
tk  moit  pait  orgaiiised  in  battalions  called  eo- 
hrta,  the  cavalry  in  squadrons  called  o/oe,  the 
SBoben  in  each  eokon  and  ala  Tarying  according 
to  ckcomstsaoea,  and  hence  such  phrucs  as  alu» 
tuSiape  cotorttaaa  (Tacit  Ann.  ir.  5) ;  €^mm 
{^tnwnidKcoioriaqmtjn^a&oaManL  (Tacit  ^. 
ill.)  Whenever  the  word  aocu  is  applied  to 
troop!  after  the  date  of  the  Marsic  war,  it  is  gene- 
nOj  to  be  r^arded  as  equivalent  to  auxiSares^ 
alihoggh  a  distinction  is  occasionally  drawn  be- 
tvQEQ  aoen  m  the  sense  of  the  civilised  allies  or 
Hib^  of  Rome,  and  the  barbarian  Germans, 
Kcsidisna,  Spaniards  and  others  who  are  more 
ipedally  termed  ouaZiarBs  (Auziliarxs  diatntuit 
tt  ie&  wen  Rmanomm  eatUranm  naUonum^  Paul. 
Kac).  In  the  deseriptioto  of  the  army  of  Germa- 
mcu,  as  nsnballed  to  encounter  Arminins,  toeias 
tokiria  k  used  in  the  most  extended  signification, 
&r  ve  are  told  that  the  army  was  composed  of 
nnlMtfM  GoBi  Germaniqne,'  pedUet  tagittarii^ 
<patm)r  legUmet,  dnae  prastoriae  edhorte$  ae  ddeoU 
«?«ta,  fMteor  legionesy  leoU  armabira^  equitet 
fogitbtniy  crbrak  todonm  eokortu. 

i.  The  manner  of  levying  troops  in  Italy  must 
^KmuHj  have  chaqged  with  this  change  of  cir- 
(««)>»».  We  are  destitute  of  any  definite  in- 
^^^^nifira,  hot,  in  all  probability,  a  system  of  con- 
Knpdoo  vas  established  and  carried  out  by  means 
^C^ynntonsj  such  as  were  occasionally  appointed 
a  aodcBt  tnnes  when  difficulty  vras  experienced 
is  finding  men  (see  Lir.  xxiu  11  ;  oomp.  Cic  ad 
^tLnL  10 ;  Hirt,  B.  Alex.  2) ;  and  we  find  that 
tb  Empenr  Tiberius  was  not  satisfied  with  ob- 
taaaag  Tohmteer^  whom  he  regarded  as,  for  the 
^psitaa  mdi£Eerent  class  of  soldiers,  and  in- 
fi^rf  apoB  the  necessity  of  reeruiting  the  legions 
•cWertiboa."    (^««.iT.4.) 

10.  The  most  important  change  of  all,  ui  so  fiir 
^.  ."^'^  St  huge  was  concerned,  was  that  to 
mh  ve  bsTe  already  adverted,  the  establishment 
^ly  of  the  military  j9n^^9sMoii,  and  the  distinc- 
^  now  fint  introduced  between  the  civilian  and 
|K  soldier.  This  naturally  led  to  the  abrogation 
rf  the  rale,  atill  in  force  when  Polybius  wrote,  by 
vhich  no  one  eoold  hold  any  magistracy  (roXi- 
]["^  ^^Xh)  until  he  had  completed  ten  years  of 
"oiitary  aervice,  a  mle  which  had  fiallen  so  com- 
F^j  into  denetade  m  ^e  course  of  sixty  or 


EXERCITUa  507 

seventy  years  afterwards,  that  we  see  Ciceio  pass* 
ing  through  all  the  highest  dignities  and  attaining 
to  the  consulship,  although  his  experience  of  i» 
military  life  was  limited  to  a  single  campaign  nndcc 
Pompeius  Straba 

Fifth  Period.  From  Ae  eataUiehmmt  ofiU  Im- 
perial ffovemmeni  until  ih*  age  of  the  Antonimee^ 
&  c  31— ▲.  D.  150. — ^We  shall  be  enabled  to  form 
a  correct  idea  of  the  materials  which  constituted  an 
imperial  army  during  the  first  two  centuries  of  our 
en  by  passin|f  under  review  the  various  kinds  of 
troops  for  which  Hyginus  proposes  to  provide  ac- 
commodation in  the  camp,  whose  construction  he 
describes  [Castiia].  We  shall  not  take  these 
precisely  in  the  order  in  which  they  are  named  by 
him,  but  shall  endeavour  to  anrange  them  sys- 
^  imtically. 

A  regular  army  during  this  period  consisted  of 
a  certain  number  of  Legumet  and  of  Su^fplemmUa^ 
the  Supplementa  being  again  divided  into  the  im- 
perial guards,  which  appear  under  several  different 
forms,  distin^^hed  by  different  names  ;  and  tha 
Awnliay  which  were  subdivided  into  Soeiae  Co- 
hortee  and  Naiionety  the  latter  being  for  the  most 
part  barbarians. 

1.  The  Legionee^  as  we  have  already  had  occa- 
sion to  point  out,  although  still  composed  of  per- 
sons who  enjoyed  the  privileges  of  Roman  citisens, 
were  now  raised  almost  exclusively  in  the  pro- 
vinces ;  and  hence  Tiberius,  when  about  to  under- 
take his  long  projected  progress  through  the  pro- 
vinces, alleged  as  one  of  his  excuses  for  quitting 
Italy,  the  necessity  of  recruiting  the  legions  by 
a  regular  levy  or  conscription.  (Tac  Ann.  iv. 
4.)  The  legion  was  divided  into  ten  cohorts,  and 
each  cohort  into  six  centuries ;  the  first  cohort, 
which  had  the  custody  of  the  eagle,  was  double 
the  sixe  of  the  others,  and  contained  960  men,  the 
remaining  cohorts  contained  each  480  men ;  and 
consequently  each  ordinary  century  80  men,  the 
total  strength  of  the  legion  being  thus  5280  men. 

2.  Legionum  VeaeiUarii.  The  term  VeanUarii  or 
VexiUa^  which  is  found  repeatedly  in  Tacitus,  has 
proved  a  source  of  the  greatest  embarrassment  to 
commentators,  and  a  vast  number  of  hypotheses, 
all  of  them  highly  unsatisfiictory,  have  been  pro* 
pounded  in  order  to  reconcile  the  statements  of  the 
historian,  which  at  first  sight  appear  replete  with 
contradictions.  But  the  itifficolty  has  arisen  en- 
tirely firom  almost  all  critics  having  entered  upon 
a  wrong  path  firom  the  very  first,  starting  upon,  the 
supposition  that  Vexillarii,  in  every  case,  denoted 
troops  of  the  same  kind,  whereas,  in  reality,  the 
word  is  a  general  term  ;  and  we  must  ascertain  its 
signification  in  each  particular  case  firom  the  words 
with  which  it  is  immediately  joined  or  the  general 
context  of  the  passage.  VexiUum  is  used  in  the 
earliest  account  of  the  manipular  legion  (Li v.  viiL 
8)  to  denote  the  standard  of  the  ordo  or  maniple, 
vexillarius  being  the  standard  bearer  ;  and  in  pro- 
cess of  time,  vexillum  was  employed  to  denote  any 
military  standard  whatsoever,  except  the  sacred 
eagle  of  the  legion.  By  a  careful  examination  of 
the  various  passages  in  Tacitus  where  Vexillarii 
are  mentioned,  it  will  be  seen  that  he  designates 
by  this  appellation  any  body  of  soldiers  serving 
apart  firom  the  legion  under  a  sraarate  ensign,  or 
even  an  army  collectively.  '  In  thu  sense  we  must 
understand  such  expressions  as  Veseillum  iironttm 
(Ann.  il  78)  ;  Germaniea  vexiOa  {HisL  LSI); 
Germanie  vexUtie  (JHitt.  l  70)  ;  vexiUie  in/eriorie 


SOS 


EXERCITUS. 


Cfermamae  praevenius  ml  {Hist.  i.  53)  ;  Equiium 
ftexiOa  {Hiat.  il  11).  Compare,  MampuU  ante 
eoeptam  mditumem  N<mportmm  mim  . . .  vexiUa 
mmoelUaU  (Atm.  L  20).  Bat  when  Venlhrii  or 
VeanUa  are  accompanied  by  any  word  which  de* 
notes  an  immediate  connection  with  a  legion,  as 
vemUarii  dim»rdium  legiomum  (i^im.  L  38)  ;  quarta 
dedma  legio  ami  wxUlariis  vicesinumis  {Anm.  xir. 
34) ;  cum  veariUU  nontu  seatndaeque  ei  vioenmae 
Britannioantm  Ibgionmm  (Hid,  iii.  22),  then  they 
bear  a  specific  meaning  connected  with  certain 
changes  introduced  by  Augustus.  We  have  seen 
that  under  the  republic  a  citixen  miffht  be  called 
upon  to  serve  for  twenty  yean  in  the  infimtiy ; 
when  the  legions  became  permanent  the  fiill  pe- 
riod was  generally  exacted,  and  those  who  chose 
to  remain  after  their  time  was  completed,  were 
termed  veUrani.  Augustus,  in  the  year  b.  a  13, 
limited  the  period  of  service  to  twelve  years  for  the 
praetorians,  and  sixteen  for  the  legionaries,  after 
which  they  were  to  be  entitled  to  an  honourable 
discharge  {miuio  Aonesto),  and  to  receive  a  bounty 
{praemtum^  oomtnoda  nUssumtun)  ;  but  not  long 
siterwards,  a.  d.  5,  it  was  found  necessary  to  in> 
crease  the  period  to  sixteen  years  for  the  prae- 
V>rian8,  and  twenty  for  the  legionaries.  At  this 
time  it  appears  probable  that  the  practice  was  first 
introduced  of  discharging  the  soldiers  from  the 
l^on  at  the  end  of  sixteen  years,  and  keeping 
them  together  under  a  vexillum  with  peculiar 
privileges  during  the  remaining  four  years  of  their 
service.  Abuses,  however,  crept  in,  and  many 
soldiers,  instead  of  being  pensioned  off  at  the  end 
of  twenty  years,  were  compelled  to  remain  for  a 
much  longer  period,  and  the  discontent  caused  by 
such  oppression  gave  rise  to  the  formidable  mutinies 
in  Pannonia  and  Germany,  which  burst  forth  im- 
mediately after  the  accession  of  Tiberius.  The 
soldiers  then  demanded  that  the  original  arrange- 
ment by  Augustus  should  be  restored,  and  that 
they  should  receive  a  full  discharge  and  the  bounty 
at  the  end  of  sixteen  years ;  while,  in  order  to 
calm  their  wrath,  Germanicus  proposed  to  put  an 
end  to  the  disopclers  of  which  they  complained, 
fmd  to  carry  honestly  into  effect  the  second  arrange- 
ment according  to  which  they  were  to  serve  in  the 
legion  for  sixteen  years,  and  then  being  embodied 
under  a  vexillum  by  themselves  to  be  relieved 
of  all  irksome  labours,  and  to  be  required  only  to 
£soe  the  enemy  in  the  field.  (Dion  Cass.  liv.  25, 
Iv.  23  ;  Suet  Oelav.  49  ;  Tacit.  Anm.  i.  17, 36,  the 
proposal  contained  in  ^e  last  passage  being  in 
these  words ;  mistionem  dari  vioena  ttipendia  me- 
rilis  ;  exaudorari^  qui  ienadaia/eeissent,  ac  reiineri 
$ub  vexillo,  ceterarum  immunet  nisi  pnpulaandi 
kastia).  The  vexiUarii  or  vexiUa  legionunif  then, 
were  those  soldiers  who,  after  having  served  in 
the  legion  for  sixteen  years,  became  eaeaudorati, 
but  continued  to  serve  in  company  with  that  legion, 
under  a  vexillum  of  their  own,  until  they  received 
their  full  discharge.  Hyginus  states  the  number 
attached  to  each  legion  as  usually  about  five  or  six 
hundred. 

3.  Evooaii  (&yaicX^oi).  Dion  Cassius  tells  us 
that  Augustus  began  to  employ  troops  bearing  this 
denomination  when  he  called  out  (&i^cicd\c<rcy)  the 
veterans  of  Julius  Caesar  to  aid  him  against  An- 
tonius.  They  still,  says  Dion,  form  a  peculiar 
corps  (a-verrifjM  tSiov),  and  carry  sticks  m  their 
bands  like  centurions.  (Dion  Cass.  xlv.  12,  Iv.  24). 
Oalba  gave  the  name  of  EvooaU  to  a  body  of  life- 


KXERCITUa 

guards  instituted  by  himseIC  who  are  described  bj 
Suetonius  {Gdh.  10),  ^'Delegit  et  eqveatris  ordinL 
juvenes,  qui,  manente  annnlonim  anreoram  tun 
Evoeati  appellarentur,  excnbiasque  circa  csbicnliuE 
snum  vice  militnm  agerent** 

4.  Cokortet  Praetor'iae.  To  these  a  aepant« 
article  is  devoted.    [Prabtoriaxi.] 

5.  Equiia  PraetoriomL    [PraxtortawlI 

6.  PrinupUang,  These,  aMording  to  the  mrrangt- 
ments  of  the  Hyginian  camp,  were  placed  doee  te 
the  person  of  the  emperor,  and  most  hare  been  a 
small  corps,  consisting  of  persooi  who  had  dis- 
charged the  office  of  legionary  PriaapSMM^  and 
who  now  acted  as  guards  or  aide-de  camps  to  the 
commander*in-chie£  PrimipiQana  is  met  with  fire- 
quently  in  Tacitus  and  in  inscriptiaiis  («.  g»  Taci'L 
Ann,  il  11,  iv.  72,  Hui,  L  31,  87*  ii.  22,  iii.  70, 
iv.  15,  Aim,  xiiL  36  ;  Orelli,  Na  617,  748,  S565). 

7.  Offidalea.  These  appear  to  hare  been  paUr 
servants.  Thus  we  read  in  Appuleios  of  the  offi- 
cialis  of  an  aedile,  and  in  Ulpian  of  the  officials  of 
a  praefect  (Dig.  36.  tit  4.  a.  5  ;  comp.  Gruur, 
In$cr.  p.  ccccxxii. ;  Orelli,  No.  2952,  401  a) 

8.  Eqmiea  Sinffulares  ImpenOoris.     These   are 
ctessed  by  Hyginus  along  with  the  Bqpdte*  Pme^ 
toriani^  were  like  them  quartered  in  the  Loitm 
Praetorii,  and  equalled  or  slightly  exceeded  them 
in  number.    The  only  dassical  author  bj  wluna 
they  are  noticed  is  Tacitus,  who,  in  that  portion 
of  his  Histories  (iv.  70)  where  he  is  describix^  the 
confusion  that  arose  upon  the  death  of  VitdUias, 
mentions  among  the  troops  **  ala  SmfftdoHmm  ex- 
cita  olim  a  Vitellio,  deinde  in  partes  Vespssiani 
transgressa,**  but  they  are  very  frequeotlj  oom- 
memoratod  in  inscriptions,  as  EquOea  Sii^viarta  «. 
Sitiguiarii  Imperaioris — Au^uati — Cfaessrw — Do- 
mini  Naatri,  Ac  (OrelL   No.  3525,  &c    3100, 
3496, 1576),  and  on  one  stone  we  read  T.  Pi.a  vicrs. 
QcTiNTiNua  Eq.  Sino.  Ado.  Lrctus.  Ex.  Bxkr- 
ciTU.  RABTica  Ex.  Ala.  Flavia.  Pla.  Fidkll 
MiLLiARiA.  (Orell.  Na  3409X  which  may  lead 
us  to  suppose  that  they  received  their  appellation 
in  consequence  of  being  selected  individiudlj  fron 
other  corps,  and  thus  they  mar  belong  to  the  same 
dass  with  the  Eqmiaa  El^eti  (Orell  3155)  and  the 
Eq.  Cust.  Aug.  (Orell  4453). 

9.  Siatorea. — Hyginus  assigns  a  phcefiir  two 
•<  Centuriae  Statorum  **  immediately  in  the  rear  of 
the  Praetorinm  which  they  protected,  and  allots  to 
them,  as  to  the  Praetorians,  twice  as  much  space, 
in  proportion  to  their  numbers,  as  to  the  troops  of 
the  line.  Hence,  it  is  evident  that  they  were 
ranked  among  the  life-guards,  although  membeis  of 
their  body  may  have  been  employed  in  the  capacity 
of  couriers,  as  persons  bearing  the  same  designation 
certainly  were  employed  boSi  under  the  republic 
and  the  empire  by  those  invested  with  military 
command.  (Cia  ad  Pom,  il  17,  19  ;  **  at  ad  te 
aUOorea  meoa  et  lietorea  cum  Uteris  mitterem ;  ** 
corap.  X.  21  ;  Vulcat.  Gallic.  Avid.  Caaa,  9  ;  lam- 
prid.  Abx,  Seo.  52  ;  Ulpian,  Dig.  1.  tit.  ]&  s.  4.) 
In  inscriptions  we  find  Stator.  Aro.  (OreUl 
3524),  Stator.  Civitati&  Vibnr&  (Ih  2780), 
and  once  Statorum.  Evocatl  (lb.  3422.) 

10.  Speeulatorea^  although  not  prorided  for  by 
Hyginus,  ought  to  be  mentioned  here,  since  they 
also  occupied  a  place  among  the  personal  attendants 
of  the  emperors  {/paum  Otktmmn  wmitnhmtmr 
ap&adaiorum  leda  eorpora^  Tacit  HisL  W.  11, 
comp.  i  24  ;  Suet  Octan,  74.).  They  were  the 
executioners  of  the  army  (Senec.  da  /ra,  116; 


EXERC1TU& 

StMaikfTL  27,  and  comment  of  CbiysosL ;  eomp. 
?af  L  Cal^  32if  and  seem  to  hare  acted  as  couriers 
likewise.  (Taat.  HitL  ii  73.)  They  fonned  a 
p^ha  corps  with  officers  of  their  own  (Tacitus 
<peiks  of  an  optio  ipeev/otonaa,  II.  i  25),  and 
msa,  have  heea  nomeroaa,  as  appears  from  sncfa 
txpnsoamn  ** praetoriarura  oohortium  et  specola- 
t-7U2s  eqiDtsmqne  Talida  manus  ^  (Tacit  H.  ii. 
^) ;  and  fimn  inscriptions  where  mention  is  made 
ef  a  sixth  cohort  (tf  speculatores  (Orell.  3518)  ; 
vble  from  another  inscription,  in  which  a  certain 
L  Vetarius  is  stjled  Prakp.  Turmax.  Sprcu- 
UT,  it  is  manifest  that  there  most  have  been 
BKCBted  specnlatores.  The  word  is  used  also  by 
Tadtoi  to  denote  an  ordinary  scout  {Aim.  ii.  12.) 

I  i.  The  anHrta,  howerer,  formed  a  distinct  body 
Mdcr  the  name  of  Exploraiores^  and  Hyginns 
ijcartera  them  appropriately  at  the  extremity  of  the 
niEp  Dearest  to  the  Praetorian  gate,  and  dose  to 
tbePicaeera, 

II  Ahe. —  From  the  time  when  the  cavalry 
Ttn  lepoiated  fiom  the  legion  they  were  formed 
ato  bodies  called  alae^  which  varied  in  nnmber 
accafding  to  drcamstancea.  Hyginus  provides  ac- 
o^saodsttion  in  his  camp  for  four  Aim  MUiiariaey 
sad  for  fire  Aloe  Qiditgenariae. 

Tbe  J/a  MiOiaria  was  divided  into  24  tnnnae^ 
^H  o(  which,  according  to  the  conjecture  of 
SdieliBa,  consisted  of  40  men  except  the  first 
^kieb  had  80.  The  commander  of  the  whole  was 
tbe  Pn^Khu  Aloe,  the  inferior  officere  were  24 
dvmam^  24  di^tlioarii^  and  24  setqmplarH^  that 
ii,  a  decorio,  a  dnplicarinfli,  and  a  sesqoiplarius  for 
each  tonoa. 

The  Ak  (^umgemaria  was  divided  into  1 8  tnrmae 
"vitii  a  decario,  a  duplicarins  and  sesquiplarins  for 
acK  ind  we  may  suppose  that  each  turma  cou- 
nted of  30  men  except  the  first,  which  thus  would 

Each  dccorio  had  three  horses  allowed  to  him, 
each  daplicarins  and  each  sesquiplarins  two  horses, 
K>  that  the  total  number  of  horses  in  the  Ala  Mil- 
iwia  vas  1090,  and  in  the  Ala  Q^imgmaria  504, 
ExdasiTe  of  those  belonging  to  the  Pra^hcti, 

It  is  erident  that  the  diqfUcarii  and  maqtt^arii 

hsK  mmed  were  subalterns ;  according  to  the 

ackvt  ngnification  of  dttplicarku,  as  interpreted 

k  VaiTo  (I.  £.  V.  §  90),  it  denoted  a  soldier  who 

on  actoont  of  his  valour  was  allowed  double  ra- 

t«M  (rwnp.  Liv.  xxiv.  47,  ii.  59),  which  must  of 

cTwse  bre  been  convertible  into  increased  pay. 

(Opelli,  a  I.  3535.)     Snch  persons  are  frequently 

presmted  to  ns  in  inscriptions  under  the  cognate 

^^*'a3d9planni,dvgitliearWyanddt^)li^^       Thus 

*e  hare  DupL.  N.  Explor.   (Dttplarii  mmteri 

«f^«ratonai,  OrelL  206)  ;  DuPLARio  Lrg.  I. 

(Ih.  5531) ;  DuPLARius  Alarius  (lb.  2003)  ; 

DmicAairs  (Ib.3533);DuPLiciAR.  (lb.  3534). 

^^W*»««,  which  evidently  denotes  a  soldier 

vho  received  a  ration  and  a  half,  appears  in  no 

Mthflii  except  Hyginus  and  Vegetiua,  of  whom 

^e  ktter  gives  them  gold  collars  and  styles  them 

^w^wfc*  AipfanBi,  torquoH  aeaquiplartt  (ii.  7),  but 

w  title  ii  met  with  in  inscriptions.  (OrelL  3470.) 

i5.  Momi  Eqtdies.      Panrumn    Veredarii.  — 

^AloB  were  raised  in  the  Roman  provinces  and 

«n»i»ted,  probably,  for  the  most  part,  of  citusens, 

«  at  kttt  mbjects.     But  in  addition  to  these 

ffOT  army  at  this   period    was    attended    by 

•Ifladnmi  of  light  horse  composed  entirely  of  bar- 

^■^^  \  vA  the  chief  duty  performed  by  those 


EXERCITUS. 


509 


named  above  was  gnardmg  the  pioneen  as  they 
performed  their  labours  in  advance  of  the  army. 
When  Tacitus  speaks  of  **  Alares  Pannonioo^ 
robur  eqnitatus  ^  {Anm.  xv.  10)  he  must  mean 
cavalry  of  a  different  description  firom  the  Pern- 
notni  rendarii  of  H^'ginus,  who,  probably,  re* 
sembled  the  Cossacks  of  modem  wartere. 

14.  OAoHm  peditatae^  were  battalions  raised 
chiefly  in  the  provinces,  composed  of  Roman  citi- 
sens,  of  subjects  and  allies,  or  of  citiaens,  allies, 
and  subjects  indiscriminately.  They  were,  it 
would  appear,  not  bound  down  by  the  same  strict 
rules  with  regard  to  the  period  of  service  as  the 
l^onaries,  not  so  heavily  equipped,  and  not  sub- 
jected to  the  same  exhausting  labours.  V^fetius, 
in  the  chapter  where  he  endeavouii  to  account  for 
the  decay  of  the  legionary  force  (ii.  %\  throws 
some  light  upon  these  points.  To  this  cbss  of 
troops  belonged  the  cohortea  auaHiar^  the  aumUia 
mhorHiuHj  and  thd  9oetorum  cokorietj  of  whom  we 
read  in  Tacitus,  together  with  a  multitude  of 
others  recorded  in  inscriptions  and  named  for  tha 
most  part  from  the  nations  of  which  they  were  com- 
posed.  The  expression  eohortem  decimam  odanam 
(Tadt.  H.  I  64)  mdicates  that  these  cohorts  were 
numbered  regularly  like  the  legions.  Hyginus 
provides  accommodation  for  Cokofie$  pediiaiae  mil' 
liariae  trtt^  and  Cokorte$  pedifaku  quimgenariaB  ires, 

15.  QikorUt  EquUatae  differed  from  the  Pedi-^ 
tatoB  in  this  only,  that  they  were  made  up  of  in- 
fontry  combined  with  cavalry.  A  Cohon  Eqtutata 
MiOiaria  contained  760  foot  soldiers  divided  into 
10  centuries,  and  240  horsemen  divided  into  10 
turmae.  A  Cotton  Eqmiaia  qmngenaria  contamed 
380  foot-soldiers  divided  into  six  (.')  centuries  and 
1 20  horsemen,  divided  into  5  turmae.  There  is  an 
inscription  in  the  collections  of  Gmter  (p.  if  cviii.) 
to  the  memory  of  L.  Flavins,  who  among  other 
military  titles  is  styled  Prarp.  Cob.  Pruiar. 
Equitatar.  Civ.  Roman,  in.  Orruan.  In- 
prrjorr  ;  Pliny,  in  one  of  his  epistles  (x.  108), 
and  Trajan  in  his  reply,  make  use  of  the  terms 
Cohon  equettriSf  the  former  mentioning  a  centurion 
in  connt«tion  with  it,  which  proves  that  it  contained 
infontry.  Tacitus  (Hitt.  iv.  19)  speaks  of  cohorts 
of  the  Batavi  and  Canninefates,  who,  among  other 
demands,  insisted  that  the  number  of  horse  should 
be  increased  (at^eri  numerum  equOmn) ;  and 
Josephus,  in  describing  the  army  of  Vespasian, 
notices  10  cohorts  (mrtipai)  of  600  infontiy  and 
120  cavalry,  a  series  of  passages  which  evidently 
refer  to  Cohortes  Eqmtaiae.  The  Cohortes  Pe- 
diiaiae are  not  mentioned  under  that  name  except 
by  Hyginus,  but  are  indicated  by  Tacitus  in  the 
words  {Ann,  xiiL  35),  **  ex  Germania  legio  cum 
equitibus  alariis  et  peditatu  cohortium.^  Hyginus 
allows  space  for  Cokortee  equitatae  milUariae  duae^ 
and  Coiiorles  eqmtaiae  qmngenariae  quatuor, 

16.  CoMtet,  which  we  may  fairly  render  Ma- 
rinesy  were  employed,  according  to  Hyginus,  as 
pioneers.  They  corresponded  to  the  NavcUes  Soeii^ 
under  the  republic,  who  were  always  regarded  as 
inferior  to  reguUr  soldiers,  and  were  recruited,  as 
we  learn  from  Polybhis,  among  those  persons 
whose  fortune  did  not  entitle  them  to  enlist  in  the 
legions.  AAer  the  establishment  by  Augustus  of 
regular  permanent  fleets  at  Misenum,  Ravenna, 
and  on  the  coast  of  Gaul,  a  largo  body  of  men 
must  have  been  required  to  man  them,  who,  when 
their  services  were  not  required  afloat,  were  calleo 
upon,  at  least  in  great  emergencies,  to  serve  'M 


:sio 


EXERCITUS. 


otdinary  soldiers.  Tacitus  mentions  at  t1i6  com- 
mencement of  his  history  (I  6),  that  Oalba  found 
in  the  city  a  legion  ^  quam  e  classe  Nero  conscrip- 
■erat  *'  (comp.  Dion  Cass.  Ixiv.  3  ;  Suet  GW6. 12  ; 
Plut  Chlb.  15),  which  he  subsequently  (i.  3),  36) 
terms  ^'legio  chusica*^  and  '*  classicorum  legio** 
(comp.ii.  II,  14,  17,  22,  iii.  55),  and  elsewhere 
(ii  67)  we  hear  of  the  "  prima  classicorum  legio." 
In  the  Annals  dassiarius  is  the  form  which  he 
generally  employs,  as  cUunariorwn  oopia  {Aim,  iv. 
27),  and  oetUurione  dcunario  (Ann.  xir.  8). 

17.  Nationes.  —  These  occupied  the  same  posi- 
tion with  regard  to  the  sociae  oohortes^  that  the 
Mauri  and  Pannonu  Veredarii  did  with  regard  to 
the  regular  Aloe  of  cavalry.  They  were  battalions 
composed  entirely  of  barbarians,  or  of  the  most 
uncivilised  among  the  subjects  of  Rome,  and  were 
probably  chiefly  employed  upon  outpost  duties. 
Hyginus  allows  space  for  3300,  consisting  of  Pal- 
myrcrU;  Gaeias;  Dad;  Briiones ;  Caniabri, 

Urbanae  Cohortes.  —  We  may  take  occasion  to 
notice  in  this  place  two  bodies  of  men  established 
during  the  first  years  of  the  empire,  who  held  a 
station  intermediate  between  regular  troops  and 
an  armed  police,  their  services  being,  propeiiy 
speaking,  confined  to  the  city.  These  were  the 
Urbanae  CohorUs9  and  the  CoJtortea  Vigilum, 

Dion  Cassius  (Iv.  24)  informs  us  that  Augustus, 
in  addition  to  the  praetorian  cohorts,  instituted  a 
force  of  city  guards,  amounting  to  six  thousand 
men  divided  into  four  battalions :  to  these  he  else- 
where gives  the  name  of  hrriKoi  (lix.  2),  while, 
by  the  Latin  writers,  they  are  usually  distin- 
guished as  Cohortes  Urbanae  or  Urbana  militia, 
their  quarters,  which  were  within  the  city,  being 
the  Urbana  Castro,  According  to  Tacitus,  who 
states  the  number  of  cohorts  at  three  only,  they, 
like  the  praetorians,  were  levied  in  Latium,  Umbria, 
Etruria,  and  the  ancient  Roman  colonies  (Tacit 
Ann.  iv.  5),  and  were  under  the  immediate  com- 
mand of  the  praefect  of  the  city,  whence  it  was 
urged  upon  Flavius  Sabinus  (Tacit  Hist.  iiL  64), 
*^  esse  illi  proprium  militem  cohortium  urbanarum.** 

Cohortes  ViffUum,  —  Augustus  organised  a  large 
body  of  night-watchers  also,  whose  chief  duty  was 
to  act  as  firemen  {Adversus  incendia  ejKuUas  noo- 
tumas  viffilesque  oommentus  est,  Sueton.  Octav.  30). 
They  were  divided  into  seven  cohorts,  in  the  pro- 
portion of  one  cohort  to  each  two  Regiones,  were 
stationed  in  fourteen  guardhouses  (excttbiioria), 
and  are  called  yuKTopvKoKts  by  the  Greek,  Co- 
liortes  Vigilum  by  the  Latin  writers.  They  were 
commanded  by  a  Praefectus  (Tacit  Ann.  xi.  35), 
who  was  of  equestrian  rank  ;  but  the  corps,  in  con- 
sequence of  being  raised  among  the  class  of  li- 
bertini,  was  regarded  as  occupying  a  position  in- 
ferior to  that  of  regular  soldiers  (Dion  Cass.  Iv.  26, 
lix.  2).  In  Tacitus  {Hist,  iil  64),  they  are  termed 
the  servitia  of  the  aristocracy,  and  Suetonius  {Octav. 
25)  alludes  to  them  as  ^  libertino  milite.**  (Comp. 
Dig.  1.  tit  15.  8.  3.) 

Equipment  of  the  Troops  under  the  Empire. 

Josephus  has  transmitted  to  us  a  description  of 
the  equipment  of  the  Roman  troops,  and  his  testi- 
mony is  peculiarly  valuable,  proceeding,  as  it  does, 
from  a  competent  eye-witness  {B.  J.  iiu  5.  §  5). 

The  infantry  wore  cuirasses,  helmets,  and  two 
•words  {b<!>pa:ii  T€  weippayfitVM  koI  Kpdyta-i  Koi 
tMxaipo^povints  itfjupor4pwO€i/),  that  is,  a  long 
uvrord  on  the  left,  and  a  short  dagger  ((nn0a^^s 


EXERCITUa 
ob  irXiow  Ixci  firiKos)  on  the  right  side.  1  he  sdej 
infantry  in  attendance  upon  the  general  carriod  i 
long  spear  {KSyxWi  hastam),  and  a  round  shicl 
(&(nri8a,  d^um)  ;  the  rest  of  the  legionaries  i| 
i\  Xoi'w^  0cUay()  a  piisan  (?)  (^wtfTrrff),  and  i 
scutum  {bvp^hv  hriixfiKiji).  In  addition,  each  inq 
had  a  saw  and  a  basket  {vplom  jra2  K6^tPor),\ 
mattock  and  a  hatchet  {i/irir  Kot  irc\««vr),  a  leaib^ 
strap,  a  hook  and  a  chain  {Iftdpra  koI  iprnr^ 
Koi  &\v<rir),  together  with  provisions  for  thr] 
days,  —  so  that,  says  Josephus,  the  Ronsm  i^ 
fantiy  differ  little  from  mules  of  burden. 

The  Equites  wore  hehneU  and  caizaasefl  lii^ 
the  infantry,  with  a  broadsword  at  their  right  si4 
{fidxatpa  tuucpd),  and  carried  in  their  hand  a  loiJ 
pole  {Komhs  hrifi'fiKris)  ;  a  buckler  swun^  at  ihe 
horses^  flank  {dvp^s  8i  irapit  irXievpap  Xm\ 
v?Jiyios\  and  they  were  furnished  with  a  quird 
containing  three  or  more  javelins  (&Korrcf ),  wit] 
broad  points,  and  as  large  as  spears  (  ovtc  axohot\ 
Tcs  i^  Sopdruy  fiiyeeos).  Those  selected  to  atta)j 
the  general  differed,  in  no  respect,  in  their  a^ 
pointments  from  the  regular  cavalry  (r&y  iv  Ta2 
fXais  linr4wy).  \ 

The  Jewish  historian  has  moreover  given  an  aci 
count  of  the  Agmen  or  line  of  march  in  which  th^ 
army  of  Vespasian  entered  Galilee  {B. «/.  iii  6.  §  2)^ 
this  being,  he  adds,  the  regular  arrangement  fc4j 
lowed  by  the  Romans.     1.  The  light-armed  aoi^ 
iliaries  and  bowmen  {rovs  fiiw  y€  ^i^jovs  risp  iru 
Kovpc9V  koDl  To^&ras)  advanced  first  to  reconnoicrej 
to  examine  woods  and  suspicious  localities,  aod  k^ 
give  tunely  notice  of  the  approach  of  an  eoemy^ 
2.  A  detachment  of  Roman  heavy-armed  troops^ 
horse  and  foot  {*PMfiaiur  ^tAituc^  IJ^^po^  ^^C^  ^\ 
Kol  Imreis).     3.  Ten  men  out  of  each  century  car-! 
rying  their  own  equipments  and  the  measures  of  thei 
camp  {fxirpa  rrjs  waptuSoKris).     4.  The  pioDcerji 
{bSoroiol),     The  baggage  of  Vespasian  and  Iiu 
legati  (T»r  bn'   abr^  riysfx6wy)   guarded  by  a; 
strong  body  of  horse.     6.  Vespasian   himself  at- 
tended by  Selecti  Pedites,  SdecH  Equiies,  and  a  body 
of   spearmen    (\oyxo(p6povs),      7.  The  peculiar 
cavalry  of  the  legion  (t^  IBiop  rod  rdyfunos  1t- 
TiKhy),  for,  he  subjoins,  each  legion  has  120  borse 
attached  to  it     This  we  perceive  was  a  reCam,  to 
a  certain  extent,  to  the  ancient  system.    8.  Tbe 
artillery  dragged  by  mules  {ol  rks  €\€w6Xfis  ^ 
povTcs  bptls  Kol  ra  Xotvh  firixarfifiara.)    9.  The 
legati,  praefects  of  cohorts  and  tribunes  {ny^f^^'^^ 
re  Kol  (nceipnv  fvapxoi  (rbv  x^^^^X"^^)  guarded 
by  a  body  of  picked  soldiers.     10.  The  standardi 
surrounding  the  eagle    (oi  arifuucu  vcpittrxavcsi 
rhif  ifrSy).     11.  The  trumpeters  {ol  traXvtyinai). 
12.  The  main  body  of  the  in&ntry  {v  <p>i>jrfi) 
six  abreast,  accompanied  by  a  centurion  (ckotot- 
rdpxTls),  whose  duty  it  was  to  see  that  the  mm 
kept  their  ranks.     13.  The  whole  body  of  slaves 
attached  to  each  l^on  {rh  ouccrcfc^  iKdurrw  ray- 
fjLaros),  driving  the  mules  and  beasts  of  bordeo 
loaded  with  the  baggage.     14.  Behind  all  the  le- 
gions followed  the  mercenaries  {&  fdtrBios  6%^^ 
i5.  The  rear  was  brought  up  by  a  strong  body  of 
infantry  and  cavalry.    Josephus  seems  to  dciig- 
nate  the  legati  by  the  word  riytfjLSvts,  the  rrite" 
militum  by  Xoxa7<N  or  yiAid^x^^  ^^  oaUsno»f9 
by  ra^tdpxot  or  iKOTorrdpxsu  ;  whether  be  means 
by  obptcfoi  (in  iii.  6.  §  2)  the  optionee  who  ait  so 
designated  by  Polybius,  or  intends  to  comprehend 
the  whole  rear^guard  under  the  appelhtion,  mar 
admit  of  doubt    Four  wordi  are  used  to  denote 


mm^miB  o£  tbe  ipew  kind,  — (wor^r  prolMibly  in- 
tended to  Rfscaent  the  pilam^  for  which  vav6s  is 
praenilj  emplojed  ;  ixtnf  the  Ijght  javelin ;  A^x^ 
^od  S^pw^  pikes  of  difierent  kinds.  It  would  ap- 
pear fivm  iUrisn  that  the  Kiyx"!  '^'^  sometimes 
Oft  d  aa  a  Bunile. 

Finally,  aooie  additional  light  will  be  thrown 
r*~.a  the  eonstitatiam  of  a  Roman  amy  ahoat  half  a 
cestniT  later  by  the  instnictions  issned  for  the  line 
«:*  raairh  to  be  ohawed  by  the  force  despatched 
asoinst  the  Scjthian  Alani,  presenred  in  the  frag* 
TBnt  of  Ainu,  of  which  we  ha\'e  spoken  above. 

The  forae  in  qnestion  consisted  <^  the  fifteenth 
kf-'dc,  wkich  was  complete,  and  of  the  twelfUi, 
vjijch  appears  to  have  been  a  fragment  only,  these 
]its'tcs3M  haTiDg  both  eavaliy  and  skirmishers  afc- 
tiched  to  them  exsctly  as  under  the  republic  —  of 
leTeEal  coieriet  eqwHataSj  composed  of  Italians, 
Cjrraiana,  Annenians,  and  others,  each  of  these 
hartalinns  eontaining  heavy  and  light  infontiy  to- 
;vtlier  with  squadrons  of  cavalry — of  coiortet  jm- 
Jiist^  fnclnding  infontiy  only,  both  light  and 
hory,  and  of  l^ht  cavalry  of  the  allies  and  of 
barWianiL  The  order  in  which  they  were  to  ad- 
vice was  as  follows :  — 

1.  Horse  scoots  {tutrwrK^/wcws  yn4as\  horse 

STtbfn  and  slingers  {Incrroi&Tas  icol  rerpo/ovs), 

canmaoded  by  their  own  decurions  (ScicaS^XAt). 

*1  VarioQs  oorpa  of  foreign  cavalry,  Cyrenians, 

iLraeaos,  Celts,  and  others,  of  whom  the  names 

ore  doabtfiiL     3.  The  whole  of  the  infontry  aich- 

en,  followed  by  different  bodies  of  heavy-armed 

iL&mtrr,  not  kgionaries,  Italians,  Cyrenians,  Bos- 

pnaiaos  and  Nnmidians,  the  flanks  of  this  division 

uekig  covered  by  cavuliy.     4.  The  equites  selecti 

&^  the  equites  of  the  legion  (o2  krh  rr^s  ^dhjorfyos 

errkt%\.    5.  The  artillery  (Kecrcnr^XToi).     6.  The 

ttaxidari  {^inutaw)  of  the  fifteenth  legion,  and 

amond  it  the  principal  officers,  namely  the  com- 

SKida  of  the  legion  {^rfV^^  ""i*  ^^'■^^^oeyyos\  the 

Lccatot  (?)  (vrd^of ),  the  tribunes  (oi  x<^M4>X<")9 

aed  tbe  centarions  of  the  first  cohort  {kKeerinrrapx^ 

*  T^J  ^f^rtus  ffwtlp^s  iwurrdrai).    Here,  it  will 

U  moaiked,  we  meet  with  an  officer  called  the 

rftH*"^  H^s  ^dXoYfos  and  his  deputy  or  inrdpxos. 

7.  The  inlantry  of  the  legion,  fimr  and  four,  pre- 

c«<ied  by  their  own  skirmishers  (v^ijSiv  oi  iucomur- 

T«).    8.  Foreign  (rh  avftfiaxuc^i^)  infimtry,  both 

leht  and  heavy.    9.  The  baggage  (rit  aK€volp6pa). 

lU-  The  rear  brought  up  by  an  ala  of  Oetae  under 

t^irpiaefectna  (fiAopx^f);     The  centurions  were 

to  narch  on  the  flanks  of  the  infimtry,  keepmg  the 

Dun  to  their  ranks :  for  the  sake  of  greater  security 

a  body  of  horsemen  was  to  ride  in  single  file  along 

tl^f  vhole  kngth  of  the  line  ;  the  oommander^in- 

^yd,  Xenophon,  was  to  march  in  front  of  the  in- 

foitry  standards,  bat  to  move  about  occasionally 

&KD  pbce  to  place,  watchmg  everything,  and  pre- 

Kning  Older  eveiy  where.     It  appeara  that  of  the 

arahy  nane  were  archers  (twvoro^otX  aome 

hacen  (Aotxo^IW*),  ^^^"^  pole-men  (aorro^oi), 

MB«  sword-men   (jutXBupoip6pot\  aome  aze>men 

{jfKtn^ipot) ;  theae  and  many  other  curious  par- 

tirolan  nay  be  extracted  from  the  detailed  account 

^  the  Apmen^  and  fimn  the  ^eiss  or  scheme  of 

^tle  hy  which  it  is  foUowed  ;  but  unfortunately 

ve  an  BO  much  embairassed  at  eveiy  atep  by  the 

viortiiBty  of  the  text  that  it  is  scarcely  aafe  to 

^  positive  conclusions. 

A  great  many  topics  coimected  with  a  Roman 
mnj  aie  discMsed  mder  separate  artidea 


EXIUBENDUM,  ACTIO  AD.  511 
much  that  belongs  to  the  cavaliy  is  necessarily  in- 
cluded under  £quitk8  ;  the  position  of  the  allies 
m  the  service  under  Socii ;  the  life-guards  under 
pRAaroRiANi  ;  the  pay  of  the  soldier  under 
Stipbndium  ;  a  detailed  account  of  his  armour 
and  weapons  under  Oalsa,  Loriga,  Ocrsa, 
Cauoa,  Hasta,  Pilum,  Oladius,  Scutum, 
&c  ;  of  his  dress  under  Chlamyb,  Paluda- 
MKNTUM,  Saoum  ;  of  the  Standards  under  Sign  a 
MiLiTARiA  ;  of  military  processions  under  Ova- 
Tio,  Triumph  us  ;  of  punishmenu  under  Fustu- 
ARiUM,  Dbcimatio  ;  of  military  rewards  under 
ToRQUsa,  Ph ALBRAi,  CoRONA  ;  of  military  en- 
gines   under   Tormbntum,     Aribs,    Vinbar, 

PlUTRI,  HBLBPOLia,  TURRIS,  Ac        [W.  R.] 

EXETASTAE  (J^rrooToO,  special  commis- 
sioners sent  out  by  the  Athenian  people  to  investi- 
gate any  matters  that  might  chum  attention.  Thus 
we  find  mention  of  Exetastae  being  appointed  to 
ascertain  whether  there  were  as  many  mercenaries 
as  the  generals  reported.  It  appears  to  have  been  no 
uncommon  plan  for  the  commanders,  who  received 
pay  for  troops,  to  report  a  greater  number  than 
they  possessed,  in  order  to  receive  the  pay  them- 
selves ;  m  which  case  they  were  said  ^to  draw 
pay  for  empty  places  in  the  mercenary  force** 
(jjuffBo^foptuf  iv  TV  l%vuc^  jveraif  x«^»*  Acschin. 
e,  Ctes.  p.  536).  The  commissioners,  however,  who 
were  sent  to  make  inquiries  into  the  matter,  often 
allowed  themselves  to  be  bribed.  (Aeschin.  e. 
Timardu  p.  131,  De  FaU,  JL^.  p.  339  ;  Biickh. 
PubL  Eeom,  ofAtketu,  p.  292,  2nd  ed.) 

EXHERES.     [Hbrbs.] 

EXHIBENDUM,  ACTIO  AD.  This  action 
was  introduced  mainly  with  respect  to  vindica- 
tiones  or  actions  about  property.  **  Ezhibere  **  is 
defined  to  be  **  fiKere  in  publico  potestatem,  ut  ei 
qui  agat  experiundi  sit  oopia.**  This  was  a  per- 
sonal action,  and  he  had  the  right  of  action  who 
intended  to  bring  an  actio  in  rem.  The  actio  ad 
exhibendum  was  against  a  person  who  was  in 
possession  of  the  thing  in  question,  or  had  fraudu- 
lently parted  with  the  possession  of  it ;  and  the 
object  was  the  production  of  the  thing  for  the  pur- 
pose of  its  being  examined  by  the  plaintiff.  The 
thing,  which  was  of  course  a  movable  thing,  was 
to  be  produced  at  the  pUce  where  it  was  at  the 
conunencement  of  the  legal  proceedings  respecting 
it ;  but  it  was  to  be  taken  to  the  pkce  where  the 
action  was  tried,  at  the  cost  and  expense  of  the 
phuntiff. 

The  action  was  extended  to  other  cases :  for  in- 
stance, to  cases  when  a  man  cUimed  the  privilege 
of  taking  his  property  off  another  person*s  land, 
that  other  person  not  being  legally  bound  to  restore 
the  thing,  though  bound  by  this  action  to  allow 
the  owner  to  take  it ;  and  to  some  cases  where  a 
man  had  in  his  possession  something  in  which  his 
own  and  the  phuntiff  *s  property  v^iere  united,  as  a 
jewel  set  in  the  defendanffe  gold,  in  which  case 
there  might  be  an  actio  ad  exhibendum  for  the 
purpose  of  separating  the  things  (ut  excludatur  ad 
exhibendum  agi  potest.  Dig.  10.  tit  4.  s.  6). 

If  the  thing  was  not  produced  when  it  ought  to 
have  been,  the  plaintiff  might  have  damages  for 
loss  caused  by  such  non-production.  This  action 
would  lie  to  produce  a  slave,  in  order  that  he  might 
be  put  to  the  torture  to  discover  his  confederates. 

The  ground  of  the  right  to  the  production  of  a 
thing,  was  either  property  in  the  thing  or  some  in- 
terest ;  and  it  was  the  business  of  Uie  judex  to 


^12 


EXODIA. 


declare  whether  there  was  sofHcient  reason  (fusta 
et  probaifilis  conua)  for  production.  The  word 
•*  interest "  was  obviously  a  word  of  doubtful  im- 
port Accordingly,  it  was  a  question  if  a  man  could 
bring  this  action  for  the  production  of  his  adver- 
sary's accounts,  though  it  was  a  general  rule  of  law 
that  all  persons  might  have  this  action  who  had  an 
interest  in  the  thing  to  be  produced  (quorum  in- 
terest) ;  but  the  opinion  as  ffiven  in  the  Digest 
(Dig.  10.  tit  4.  s.  19)  is  not  nvourable  to  the  pro- 
duction on  the  mere  ground  of  its  being  for  the 
plaintiff's  advantage.  A  man  might  have  this 
actio  though  he  had  no  vindicatio  ;  as,  for  instance, 
if  he  had  a  legacy  given  to  him  of  such  a  slave  as 
Titius  might  choose,  he  had  a  right  to  the  production 
of  the  testator's  slaves  in  order  that  Titius  might 
make  the  choice  ;  when  the  choice  was  made,  then 
the  plaintiff  might  claim  the  slave  as  his  property, 
though  he  had  no  power  to  make  the  choice.  If  a 
man  wished  to  assert  the  freedom  of  a  slave  (in 
Ubertatem  vindieare)^  he  might  have  this  action. 

This  action  was,  as  it  appears,  generally  in  aid 
of  another  action,  and  for  the  purpose  of  obtaining 
evidence  ;  in  which  respect  it  bears  some  resem- 
blance to  a  Bill  of  Discovery  in  Equity. 

(MUhlenbruch,  Doctrina  Pandectarum  ;  Dig.  1 0. 
tit  4.)  [G.  L.] 

EXITE'RIAorEPEXODIA(f{iT^pwor^ir«|- 
^8(a),  the  names  of  the  sacrifices  which  were  offered 
by  generals  before  they  set  out  on  their  expeditions. 
(Xenoph.  Anab,  vL  5.  §  2.)  The  principal  object 
of  these  sacrifices  always  was  to  discover  from  the 
accompanying  signs  the  favourable  or  unfavourable 
issue  of  the  undertaking  on  which  they  were  about 
to  enter.  According  to  Hesychius,  ili-Hipia  was 
also  the  name  of  the  day  on  which  the  annual 
magistrates  laid  down  their  offices.  [L.  S.] 

EXORDIA  (ii6Zia,  from  ^{  and  ms)  were 
old-fashioned  and  laughable  interludes  in  verses, 
inserted  in  other  plays,  )mt  chiefiy  in  the  Atel- 
lanae.  (Liv.  viL  2.)  It  is  difficult  to  ascertain 
the  real  character  of  the  exodia ;  but  from  the  words 
of  Livy  we  must  infer  that,  although  distinct  from 
the  Atellanae,  they  were  closely  connected  with 
them,  and  never  performed  alone.  Hence  Juvenal 
calls  them  eaxxiium  Atellanae  (Sat.  vi.  71),  and 
Suetonius  (7V6.  45)  exodium  AteUanieum.  They 
were,  like  the  Atellanae  themselves,  played  by 
Toung  and  well-bom  Romans,  and  not  by  the 
histriones.  Since  the  time  of  Joe.  Scaliffer  and 
Casaubon,  the  exodia  have  almost  generally  been 
considered  as  short  comedies  or  farces  which 
were  performed  after  the  Atellanae  ;  and  this 
opinion  is  founded  upon  the  vague  and  incorrect 
statement  of  the  Scholiast  on  Juvenal  (Sat.  iii. 
174).  But  the  words  of  Livy,  exodia  conserta 
/abdlis,  seem  rather  to  indicate  interludes,  which, 
however,  must  not  be  understood  as  if  they  had 
been  played  between  the  acts  of  the  Atellanae, 
which  would  suggest  a  false  idea  of  the  Atellanae 
themselves.  But  as  several  Atellanae  were  per- 
formed on  the  same  day,  it  is  probable  that  the 
exodia  were  played  between  them.  This  supposi- 
tion is  also  supported  by  the  etymology  of  the 
word  itself  which  signifies  something  i^  ^Sov, 
extra  viaro,  or  something  not  belonging  to  the 
main  subject,  and  thus  is  synonymous  with  ^ircur- 
6dtov.  The  play,  as  well  as  the  name  of  exodium, 
seems  to  have  been  introduced  among  the  Romans 
from  Italian  Greece  ;  but  after  its  introduction  it 
appears  to  have  become  very  popular  among  the 


EXOMOSIA. 
Romans,  and  continued  to  be  played  down  U 
very  late  period.  (Sueton.  DomiL  10.)  L  I'-  ^- 1 
EXCMIS  (i^ids),  a  dress  which  had  oni 
sleeve  for  the  left  arm,  leaving  the  right  with  ] 
shoulder  and  a  part  of  the  breast  free,  and  was  j 
this  reason  called  exomit.  It  is  also  frequesi 
called  x*^^^  Irepofidaxo^f-  (Phot  and  H^r^ 
*.  V.  'Ertpofi. :  Heliod.  Aetkiop.  iiL  1 ;  Pans.  v.  i 
§  2.)  The  exomis,  however,  was  not  only  a  chi^ 
[Tunica],  but  also  an  titdriow  or  wtpiex-^i 
[Pallium.]  According  to  Heaychius  («.  v.  'E^ 
fiis)j  and  Aelius  Dionysius  (op.  Eudatk.  ad 
xviii.  595),  it  served  at  the  same  time  both  t 
purposes  of  a  chiton  and  an  himation ;  bnt  PoI!i 
(vii.  48)  speaks  of  two  different  kinds  of  exom 
one  of  which  was  a  wepi€kiifui  and  the  other 
Xtritw  irepofidaxa^of.  His  account  is  confiniK 
by  existing  works  of  art  Thus  we  find  in  tl 
Mus.  Pio-Clement  (vol.  iv.  pL  1 1 ),  Hephaest 
wearing  an  exomis,  which  is  an  himation  throv 
round  the  body  in  the  way  in  which  this  ganner 
was  always  worn,  and  which  clothes  the  body  lik 
an  exomis  when  it  is  girded  round  the  waist  Tii 
following  figure  of  Charon,  on  the  contxary  (take 
from  Stackelbcig,  Die  Gr'dber  der  HeUemeM^  ^.  Al] 
represents  the  proper  x*''^  Irtpoftdirxa^fy  ^i 
we  see  a  similar  dress  in  the  figure  of  Ulysse 
represented  in  the  article  Pilxus. 


The  exomis  was  usually  worn  by  slaves  and 
working  people  (Phot  «.  o. ;  SchoL  ad  AridapL 
Equit  879),  whence  we  find  HephaesfaN,  ih« 
working  deity,  fi^quently  represented  with  this 
garment  in  works  of  art  (MQUer,  ArdmL^/r 
Kunat,  §  366.  6.)  The  chorus  of  old  men  in  the 
Lysistrata  of  Aristophanes  (L  662)  wear  the 
exomis ;  which  is  in  accordance  with  the  state- 
ment of  Pollux  (iv.  1 18X  who  says  that  it  was  the 
dress  of  old  men  in  comic  plays.  Accordiii^  to 
Ocllius  (viL  12),  the  exomis  was  the  same  aa  the 
common  tunic  without  sleeves  (eitra  imnunim  de- 
tinentes)  ;  but  his  statement  is  opposed  to  the  ac- 
counts of  all  the  Greek  grammarians,  and  is  without 
doubt  erroneous.  (Becker,  ChariMeSj  vol  ii*  f^ 
112,  Ac) 

EXOMO'SIA  (ii^tioala).  Any  Athenian 
citizen  when  called  upon  to  appear  as  a  witoest  is 


EXSILIUM. 
a  issrt  of  jatke  (cXivf^^etr  or  ^icjiAi|rffvcii>,  Pol- 
lux, TtiL  97;  Aetchia.  a.  aHMiaraA.  pw  71),  wu 
ebl^ied  bj  law  to  obey  the  wmtnwnis  anleM  he 
codd  ertiUiih  bj  oath  thst  he  «m  mMcqnainted 
with  the  OK  m  q[DMdoo.  (Bemooth.  !>$  Fals, 
1119.^  996^  cNmrnr.  ^  \S54^  e.  Apkek  p.850s 
SekM»jL«L*E(ofi^ra««w.)  This  oath  was  eaUed 
i^^iftMffla,  aad  the  act  of  taking  it  was  expreaaed 
W  ^e^Mfci.  (Demoeth.  a.  Sfa|)iLLjklll9; 
c'  £iMUL  pi  1317 ;  Harpocmt.  jl  v.)  Thoee  who 
Rained  to  obej  the  fominona  without  being  able 
to  take  the  ^lii^tf^  iDCDRed  a  fine  «f  one  tboniand 
izathaiaa ;  aad  if  a  penon,  after  promising  to  giro 
Ids  endenee,  did  noTertheleaa  not  iqipear  n^en 
raOed  upon,  an  action  called  Kftroftaprvpiou,  or 
0^A|s  <1k%  might  be  brought  againat  him  bj  the 
lariies  who  thooght  themaelTee  injured  by  his 
kving  withheld  htaeridenoe.  (DemoatL  o.  TYatoO, 
^IIM;  Meier,  J«./Vt)Apu 387,  &&) 

When  the  people  in  their  aaaembly  appointed  a 
can  to  a  BH^stiacy  or  any  other  pabUe  office,  he 
«ai  at  fiberty,  before  the  ZoKi/Mna  took  plaoe, 
io  decfine  tiw  offiee,  if  he  coold  take  an  oath  that 
t^  sue  of  hia  health  or  other  circomatanoea  ren- 
(fared  it  impoaaible  for  him  to  fulfil  the  duties 
raHMSed  with  it  (i^6funfff$at  tV  ^xV*  or  rV 
X(it«Tm4v)i  and  this  oath  was  likewise  called 
i^iep»fia^  or  sometimes  enrajumricL  (Demosth.  De 
fnk  l^,  PL  379,  e.  TSmaik,  p.  1204  ;  Aeschin. 
De  F\ds.  Leg,  p.  271 ;  PoUox,  viiL  65  ;  EtymoL 
l^rie.)  [L.&] 

EXOSTRA  m^rrfo^  from  4^4»\  was  one 
ef  tbt  many  kmds  of  machines  used  in  the  theatres 
cf  the  aodentiu  Ciceio  {De  Prom.  Omt»  6),  in 
^ledDBg  of  a  man  who  fonneriy  concealed  his 
vieea,  eiprcuscs  this  sentiment  by  poti  nparium 
ytuhatr;  and  then  stating  that  he  now  shame- 
la^  indulged  in  his  yicioas  practices  in  public, 
Bj^  joai  ai  esMlni  iefacoter.  From  an  attentive 
oaidentian  of  this  passage,  it  is  evident  that 
1^  eiQiia  waa  a  machine  by  means  of  which 
tilings  which  had  been  concealed  behind  the  Bip»- 
nci,  woe  poshed  or  roQed  forward  from  behind 
it,  sad  thus  became  visible  to  the  spectatfxs.  Thia 
Bsehine  waa  tbefefixe  very  much  Iflce  the  ^md^ 
K^Vo,  with  this  distanction,  that  the  ktter  was 
twvcd  oD  wheeb,  whUe  the  exostra  was  pushed 
£vv«d  upon  lolleia.  (PoDux,  iv.  128  ;  SchoL 
ad  Aiisteph.  ^cAons.  375.)  But  both  seem  to 
kT«  bem  ued  for  the  same  purpose  ;  namely,  to 
exhi^  to  the  eyes  of  the  speetators  the  results  or 
(»ieqiiacesof  such  things — a^.  murder  or  suidde 
^tt  eaold  sot  consistently  take  pUice  in  the  pro- 
Keaioa,  and  were  tberefere  described  as  having 
ottomd  bdund  the  siporium  or  in  the  scene. 

The  oaoie  ezostm  waa  also  applied  to  a  peculiar 
^  of  bridge,  which  was  thrown  from  a  tower  of 
tbe  besiegas  upon  the  walls  of  the  besieged  town, 
^  aotMs  which  the  assailants  marched  to  attack 
^  of  the  besi^ed  who  were  stationed  on  the 
i^BIwti  to  defend  the  town.  {YegeL  De  Re  MiUt. 
'^•21.)  [L.S.] 

EXOULES   DIKE   (i^Kns  SM).      [Ek- 

KPLORAT(yRES.  [Exkecitos,  p.  509,  a.] 

KSEQUIAE.    CFuNUS.] 

EXSI'LIUM  (^vy4),  hanishmeot  1.  Grbsk. 
"*  BsDishnwnt  among  the  Greek  states  seldom,  if 
p'l  appears  as  a  punishment  appointed  by  law 
lorpsrticolar  offences.  We  might,  indeed,  expect 
^  •  fir  the  dirisisn  of  Greece  into  a  number  of 


EXSILIUM. 


513 


mdependent  states  would  neither  admit  of  the  es- 
tablishment of  penal  oolonies,  as  amongst  as,  nor 
of  the  various  kinds  of  exile  which  we  read  of 
under  the  Roman  emperors.  The  general  term 
^iry4  (fiiffht)  was  for  the  most  part  a^ied  in  the 
case  of  those  who,  in  order  to  avoid  some  punish> 
ment  or  danger,  removed  from  their  own  country 
to  another.  Proof  of  this  is  found  in  the  records  of 
the  heroic  ages,  and  chiefly  where  homicide  had  been 
committed,  whether  with  or  without  malice  afore- 
thought Thus  (iJL  xxiii  88)  Patrodus  appears  as 
a  fugitive  for  life,  in  consequence  of  manslaughter 
(iufipoKTao'iri)  committed  by  him  when  a  boy,  and 
in  anger.  In  the  same  manner  (Horn.  Od.  xv. 
275)  Theoclymenus  is  represented  as  a  fugitive 
and  wanderer  over  the  earth,  and  even  in  foreign 
lands  haunted  by  the  fear  of  vengeance,  from  the  nu- 
merous kinsmen  of  the  man  whom  be  Imd  shun.  The 
duty  of  taking  vengeance  was  in  cases  of  this  kind 
considered  sa!»ed,  though  the  penalty  of  exile  was 
sometimes  remitted,  and  the  homicide  allowed  to 
remam  in  his  oountiy  on  payment  of  a  woiv^,  the 
price  of  blood,  or  wehigeld  of  the  Germans  (Tacit 
Oerm,  21),  which  was  made  to  the  relatives  or 
nearest  connectiosis  of  the  shun.  (//.  ix.  630.) 
Even  though  then  were  no  relatives  to  succour  the 
slain  man,  still  deference  to  public  opinion  imposed 
on  the  homicide  a  tempomiy  absence  (Od.  xxiii 
119,  and  SchoL),  until  he  had  obtained  expiation 
at  the  hands  of  another,  who  seems  to  have  been 
called  the  &7irln}s  or  purifier.  For  an  iUustiation 
of  this,  the  reader  is  referred  to  the  stoiy  of 
Adiastns  and  Croesus.     (Herod,  i.  35.) 

In  the  later  times  of  Athenian  history,  ^try^,  or 
banishment,  partook  of  the  same  nature,  and  was 
practised  nearly  in  the  same  cases,  as  in  the  heroic 
ages,  with  this  difference,  that  the  laws  more  strictly 
defined  its  limits,  its  legal  consequences,  and  dura- 
tion. Thus  an  action  for  wilful  murder  waa  brought 
before  the  Areiopagua,  and  formanakughter  before 
the  court  of  the  Ephetae.  The  accuaed  might,  in 
either  case,  withdraw  himself  (^v^eir)  before  sen* 
tenee  was  passed  ;  but  when  a  criminal  evaded  the 
punishment  to  which  an  act  of  murder  would  have 
exposed  him  had  he  remained  in  his  own  land,  he 
was  then  banished  for  ever  (^e^i  dn^vT^or),  and 
not  allowed  to  return  home  even  when  odier  exiles 
were  restored  upon  a  general  amnesty,  since  on 
such  occasions  a  special  exception  was  maide  against 
criminals  banished  by  the  Areiopagus  (pi  i^  'Aptioe 
wdiyov  ^e^rrcr).  A  convicted  murderer,  if  found 
within  the  limits  of  the  state,  might  be  seised  and 
put  to  death  (Dem.  &  ^rsa.  p.  629),  and  whoever 
harboured  or  entertained  (^tBi^aro)  any  one  who 
had  fledfipom  his  country  to  avoid  a  capital  punish- 
ment, was  liable  to  the  same  penalties  as  the  fugi- 
tive himsel£     (Dem.  e.  PolyeL  p.  1222.  2.) 

Demosthenes  (o.  Arte,  p.  634)  says,  that  the  word 
0«^iy  waa  propeiiy  applied  to  the  exile  of  those 
who  committed  faiurder,  with  malice  aforethought, 
whereas  the  term  /ue9(<rra<r9ai,  was  used  where  the 
act  was  not  intentional  The  property  also  was 
confiscated  in  the  former  case,  but  not  in  the  latter. 

When  a  verdict  of  manslaughter  was  returned, 
it  was  usual  for  the  convicted  pnrty  to  leave  (^(n^^) 
his  country  by  a  certain  road,  and  to  remain  in 
exile  till  he  induced  some  one  of  the  relatives  of 
the  shun  man  to  take  compeaaion  on  him.  During 
hia  abaence,  hia  posseaaions  were  Mri/uk,  that  la, 
not  confiscated  ;  but  if  he  remained  at  home  or 
returned  before  the  requirementa  of  the  law  were 

L   L 


AU 


EXSILIUM. 


satiBfiedf  he  wm  liable  to  be  driven  or  carried  out 
of  the  country  by  force.  (DeuL  c  ArU,  pp.  634 
and  644.)  It  sometimes  happened  that  a  fugitive 
for  maoalaoghter  was  chaigeid  with  murder ;  in 
that  case  he  pleaded  on  boaM  ship,  before  a  court 
which  sat  at  Phreatto,  in  the  Peiraeeus.  (Denu  e. 
Arts,  pw  646.)  We  are  not  informed  what  were  the 
consequences  if  the  relatives  of  the  slain  man  re- 
fused to  make  a  reconciliation ;  supposing  that  there 
was  no  compulsion,  it  is  reasonable  to  conclude  that 
the  exile  was  allowed  to  return  after  a  fixed  time. 
In  cases  of  manslaughter,  but  not  of  murder,  this 
seems,  to  have  been  usual  in  other  parts  of  Greece 
as  well  as  at  Athens.  (Meursius,  ad  Lyoop,  282 ; 
Enrip.  Hipp,  87,  and  Scholia.)  Plato  {Le^,  ix. 
n,  865),  who  is  believed  to  have  copied  many  of 
his  laws  from  the  constitution  of  Athens,  fixes  the 
period  of  banishment  for  manslaughter  at  one  year, 
and  the  woid  &ircyMum(r/u($,  expbiined  to  mean  a 
year*B  exile  for  the  commission  of  homicide  {rois 
4>6rov  tpdffcuri)  seems  to  imply  that  the  custom  was 
pretty  general.  We  have  indeed  the  authority  of 
Xenophon  (Anab,  iv.  8.  §  15)  to  prove  that  at  Sparta 
banishment  was  the  consequence  of  involuntary 
homicide,  though  he  does  not  tell  us  its  duration. 

Moreover,  not  only  was  an  actual  murder 
punished  with  banishment  and  confiscation,  but 
also  a  rpavfia  4k  irpwolas^  or  wounding  with  intent 
to  kill,  though  death  might  not  ensue.  (LyBias,o. 
Sinum,  p.  100  ;  Dem.  e,  BoeU.  p.  1018. 10.)  The 
same  punishment  was  inflicted  on  persons  who 
rooted  up  the  sacred  olives  at  Athens  (Lysias, 
"Twfp  %riKov  *A.iroKoyia\  and  by  the  laws  of  Solon 
every  one  was  liable  to  it  who  remained  neuter 
during  political  oontentioni.  (Plut.  SoL  20  ;  OelL 
il  12.) 

Under  ^try^,  or  banishment,  as  a  general  term, 
IS  comprehended  Oriradim  {hfrrpoKiffyuis)  ;  the 
difference  between  the  two  is  correctly  stated  by 
Suidas,  and  the  Scholiast  on  Aristophanes  {Eqidt, 
861),  if  we  are  to  understand  by  the  former  hni/pv- 
yla,  or  banishment  for  life,  ^^vyfi  (say  they) 
differs  firom  ostracism,  inasmuch  as  those  who  are 
banished  lose  their  property  by  confiscation,  whereas 
the  ostracised  do  not;  the  former  also  have  no  fixed 
place  of  abode,  no  time  of  return  assigned,  but  the 
latter  have.**  This  ostracism  was  instituted  by 
Cleisthenes,  after  the  expulsion  of  the  Peisistra- 
tidae ;  its  nature  and  objects  are  thus  explained 
by  Aristotle  {PoL  iiL  8) :  —  "  Democratical  states 
(he  observes)  used  to  ostracise,  and  remove  from 
the  city  for  a  definite  time,  those  who  appeared  to 
be  pre-eminent  above  their  fellow-citiiens,  by  rea- 
son of  their  wealth,  the  number  of  their  fiiends,  or 
any  other  means  of  influrace.**  It  is  well  known, 
and  implied  in  the  quotation  just  given,  that  ostra- 
cism was  not  a  punishment  for  any  crime,  but 
rather  a  precautionary  removal  of  those  who  pos- 
sessed sufficient  power  in  the  state  to  excite  either 
envy  or  fear.  Thus  Plutarch  {A  rist:  1 0)  says  it  was 
a  good-natured  way  of  allaying  envy  (^d6you  irapa- 
fit^Ut  ^i\dy$potwos)^  by  the  humiliation  of  superior 
diffnity  and  power.  Mr.  Grote  (  Hittoty  of  Greece, 
vol  iv.  p.  200,  &C.)  has  some  very  ingenious  re- 
marks in  defence  of  ostracism,  which  he  maintains 
was  a  wise  precaution  for  maintaining  the  demo- 
cratical constitution  established  by  Cleisthenes. 
He  observes  that  **  Cleisthenes,  by  the  spirit  of 
his  reforms,  secured  the  hearty  attachment  of  the 
body  of  citizens  ;  but  firom  the  first  generation  of 
leading  men,  under  the  nascent  democracy,  and 


EXSILIUM. 

with  such  precedents  as  they  had  to  look  bse^ 
upon,  no  self-imposed  limits  to  ambition  coold  b^ 
expected :  and  the  problem  required  was  to  elimi^ 
nate  beforehand  any  one  about  to  transgitis  tbeta 
limits,  so  as  to  escape  the  necessity  of  patting  hiq 
down  afterwards,  with  all  that  bloodshed  snd  rsch 
tion,  in  the  midst  of  which  the  free  working  of  th^ 
constitution  would  be  suspended  at  least,  if  not  iij 
revocably  extinguished.     To  acquire  such  influeix^ 
as  would  render  him  dangerous  under  democratiol 
forms,  a  man  must  stand  in  evidence  before  tb^ 
public,  so  as  to  affi>rd  some  reasonable  means  oj 
judging  of  his  character  and  purposes ;  and  tbj 
security  which  Cleisthenes  provided  was,  to  all  iij 
the  positive  judgment  of  the  citixens  respcctiog  hi^ 
future  promise  purely  and   simply,  so  that  tlie,^ 
might  not  remam  too  long  neutral  between  tv'i 
political  rivals.     He  incorporated  in  the  constitaj 
tion  itself  the  principle  of  prwUeffUm  (to  emplo^ 
the  Roman  phrase,  which  signifies,  not  a  peealia^ 
fiivour  granted  to  any  one,  but  a  peculiar  mnnJ 
venience  imposed),  yet  only  under  circnmitaooeil 
solemn  and  well  defined,  with  full  notice  and  dis^ 
cussion  beforehand,  and  by  the  positive  secret  Tot^ 
of  a  huge  proportion  of  the  citixens.     *  No  law; 
shall  be  made  against  any  single  citizen,  withooti 
the  same  being  made  against  aU  Athenian  citizauij 
unless  it  shall  so  seem  good  to  6000  dtiiens  votinfj 
secretly  *  ( Andoa  de  AfyeL  p.  1 2).    Such  was  tbati 
general  principle  of  the  constitution,  under  which  tht 
ostracism  was  a  particular  case.**    Mr.  Grote  fbnheri 
observes, — **  Care  was  taken  to  divest  the  oitn- 
cism  of  all  painful  consequence,  except  what  vu, 
inseparable  from  exile  ;  and  this  ia  not  one  of  tbej 
least  proofs  of  the  wisdom  with  which  it  was  de-; 
vised.     Most  certainly  it  never  deprived  the  pablic 
of  candidates  for  political  influence ;  and  when  rei 
consider  the  small  amount  <d  individual enl  which: 
it  inflicted,  two  remarks  will  be  quite  sufficient  to 
offer  in  the  way  of  justification.    First,  it  com- 
pletely produced  its  intended  effect ;  for  the  de- , 
mocracy  grew  up  from  in&ncy  to  manhood  with«ati 
a  single  attempt  to  overthrow  it  by  force:  next, 
through  such  tranquil  working  of  the  democnticai ; 
forms,  a  constitutional  morality  quite  sofiicientlr ; 
complete,  was  produced  among  the  leading  Athe- 1 
nians,  to  enable  the  people  n&r  a  certain  tiioe  to 
dispense  with  that  exceptional  security  which  the 
ostracism  offered.     To  the  nascent  democracr,  it ; 
was  absolutely  indispensable  ;  to  the  poviog,  jet 
military  democracy  it  was  necessary  ;  hot  the  fioli- 
grown  democracy  bot^  could  and  did  stand  withoat 
it"    The  manner  of  effecting  it  was  as  foDowi.— 
Before  the  vote  of  ostracism  could  be  taken,  the 
senate  and  the  eoclesia  had  to  determine  in  the 
sixth  prytany  of  the  year  whether  such  a  step  vu 
necessary.     If  they  decided  in  the  affinnative,  a 
day  was  fixed,  and  the  agora  was  enclosed  hj  bar- 
riers, with  ten  entrances  for  the  ten  tribes.   B/ 
these  the  tribesmen  entered,  each  with  his  &rrp>- 
ifoK,  or  piece  of  tile^  on  which  wss  written  the 
name  of  the  individual  whom  he  wished  to  be 
ostracised.     The  nine  archons  and  the  senate,  ue. 
the  presidents  of  that  body,  superintended  the 
proceedings,  and  the  party  who  had  thegreatj^rt 
number  of  votes  against  him,  supposing  that  m 
number  amounted  to  6000,  was  obli^  to  with- 
draw (/irrooT^i'Oi)  from  the  city  withm  ten  d^; 
if  the  number  of  votes  did  not  amount  to  Sm 
nothing  was  done.     (SchoL  ad  Aristopk  £9*.  ^' > 
PoUux,  viii,  19.)     Plutarch  {AriA  e.  7)  diSeo 


EXSILIUM. 

frna  ote  ■itkairhies  in  stating,  tW  for  an  ex- 
fdaan  of  tUi  Mft  it  was  not  necenarr  that  the 
retet  given  agaiut  any  indiridoal  shooM  amount 
13  sm,  bat  «alj  tbttt  the  aum  totel  should  not  be 
iea  than  that  number.  BKekh  and  Wachtmnth 
«  k  kmtt  of  Plutarch ;  but  Mr.  Oiote,  who 
nppoiti  the  ether  efiniaB,  justij  ranaifca,  ••  that 
tk  pvposs  of  the  gowfal  kw  would  hj  no  mean 
be  obtained,  if  the  simple  nmjoritj  of  Totes  among 
MOO  ia  an,  had  ben  allowed  to  take  effect  A 
penoB  iB%ht  then  be  oatndsed  with  a  very  small 
Biaber  of  votes  againat  him,  and  without  creatii^f 
aTEannsUe  prenunption  that  he  was  dangerous 
tB  tibe  eoBstitation,  whieh  was  by  no  means  either 
ti»  pupise  of  CInsthenea,  or  the  welUundentood 
epentku  of  the  ostradam,  so  hmg  as  it  contmued 
to  he  «  nality.'*  All,  however,  agxee  that  the 
partf  tlioi  expeOed  wma  not  depiiyed  of  his  pio- 
potf.  Tke  period  of  his  banishment  was  ten 
Tso.  The  ostracism  wns  also  called  the  accpc^uud^ 
p^^,  or  eartbenware  scooorge,  from  the  material 
6f  tlie  lrr|NUMr  on  which  the  naaoea  were  writt^ 

Sum  of  the  moat  distinguished  men  at  Athens 
verezenumd  by  ostracism,  but  lecaOed  when  the 
mj  fimd  their  ssrricea  indispensable.  Amongst 
thae  vcre  Themistodea,  AzisteideB,  Cimon,  and 
Aidxda;  of  the  first  of  whom  Thueydides  (i. 
135)  twes,  that  his  residence  during  ostzadsm 
VM  It  Aijps,  though  he  was  not  confined  to  that 
oijj  bnt  Tinted  other  parte  of  Peloponnesus.  The 
'Jist  penoB  against  whom  it  was  nsed  at  Athens 
n»  Hjpefbetas,  a  demagogue  of  low  birth  and 
cbiactei^  whom  Nidas  and  AJcibiades  coospired 
bigethcr  to  ostracise,  when  the  banishment  thicat- 
ocd  esdi  of  themselTea ;  but  the  Athenians 
^ht  thev  own  dignity  compromiaed,  and  oa- 
tooaa  degiaded  I7  such  an  ^plication  of  it,  and 
aeconfia^y  discontinued  the  practice.  (Plut  Nie. 
t  n,AlA  1 13,  JrkL  c.  7  ;  Thnc  riii  73.) 

Ottndm  prevailed  in  other  democraticBl  states 
a* ««Uai Athens;  namely, at Argos, Miletus,  and 
r*^  ^t  we  hate  no  particuJars  of  the  way 
a  ^vk  it  was  administered  in  these  states. 
^^nMie  s^  {PoL  iii.  8)  ^t  it  was  abused  fiir 
PrtFparpoMS. 

Fnisthe  ostmdsm  of  Athens  was  coped  the 
^^(wre^AT^)  of  the  Syneasana,  so  caUed 
ftoothew^s^o,  or  kaves  of  the  oHyo,  on  which 
^  •"««  the  name  of  the  person  whom  they 
JjW  to  nuMwe  from  the  city.  The  remoTal, 
""Wfer,  WM  only  fir  five  years ;  a  sdBcient  thne, 
« th7  thoDght,  to  humble  the  pride  and  hopes  of 
^eok  Botpetalismdidnothtfthmg;  fivthe 
fej  of  this -humbling,-  detemd  the  beat  quali- 

i^Kf"''^  the  dtiaens  from  taking  any  part  in 


EXSILIUM. 


515 


ptbherf&^Bidthe  degeneracy  and  bad  gorem- 
amvfaiehfDUowed,  soon  led  to  a  repeal  of  the 
l»»".t452.  (Died.XL87.) 

UcoBneefion  with  petalism  it  may  be  remarked 
Mtif  ay  one  wem  frlsdy  registered  in  a  demus, 
^J^  St  Athens,  his  expulsion  was  caUed 
T^^HMpUt  from  the  votes  being  giren  by  leares. 
^'^S^Bk.JMriM^AlL  S^i  Lya.e.Artwwi.p.844.) 

"ewsder  of  Greek  history  will  remember,  that 
^^^^^^  «»led  by  Uw,  or  ostracised,  there 
rj*^?»«rtiy  t  gnat  number  of  political  exiles  m 
JT*  5JJ«  ^  having  distipgiushed  themselves 
to  w*!*^^"®  P"^'  were  expelled,  or  obliged 
T^JVfrom  their  native  city  when  the  oppoeite 
"J*5J^  pcedominant.  They  are  spoken  of 
Wwm,  cr  ti  itewwimtf  and  as  of  iewtcX. 


Um^s  after  their  return  (^  ireitfoSot),  the  woid 
««r^iir  being  applied  to  those  who  were  instru- 
mental in  e&cting  it  [R.  W.] 

2.  Roman.  In  the  kter  unperkl  poiod,  eaet- 
^nam  was  a  general  term  used  to  express  a  punish- 
ment, of  which  there  were  several  spedea.  Paulus 
(Dig.  48.  til  1.  s.  2),  when  speaking  of  those 
judida  publica,  which  are  capitalia,  defines  them 
by  the  consequent  jBunishment,  which  is  death,  or 
exsilium ;  and  exsilium  he  defines  to  be  aqtuu  H 
igm9  itUerdictiOf  by  which  the  «qmt  or  citisenship 
of  the  criminal  was  taken  away.  Other  kinds  of 
exsilium  he  says  were  properly  called  nUgatio^ 
and  the  lelegatus  retained  his  citisenship.  The 
distinction  between  relegatio  and  exsilium  existed 
under  the  republic.  (Liv.  iii.  10,  iv.  4  ;  Cic  Pro 
P.  Sead.  c  12.)  Ovid  also  (THrf.  v.  1 1)  describes 
himself;  not  as  eaea^  which  he  considers  a  term  of 
reproach,  bnt  as  nUgatiu,  Speaking  of  the  em- 
peror, he  says,— 

**  Nee  vitam^  nee  opes,  nee  jus  mihi  civis  ademit  ;** 
and  a  little  fiuther  on, 

**"  Nil  nisi  me  patriis  jussit  abire  fods.^ 
Compare  also  TntHoj  il  127,  &a 

Mardanus  (  Dig;  48.  tit  22l  s.  5)  makes  three 
divisions  of  exsilium :  it  was  either  an  interdiction 
from  certain  places  named,  and  was  then  called  lata 
fiiga  (a  term  equivalent  to  the  libera  fiiga  or 
Wmrtm  eamimm  of  some  writers) ;  or  it  was  an  in- 
terdiction of  all  phMxa,  except  some  phioe  named ; 
or  it  was  the  amttraiiU  of  an  island  (as  qypoaed  to 
lata/wga),* 

Of  rehffaiio  there  were  two  kmds:  a  person 
mi^ht  be  forbidden  to  live  in  a  particttlar  province, 
or  m  Rome,  and  either  for  an  indefinite  or  a  defi- 
nite time ;  or  an  island  might  be  assigned  to  the 
relegatus  for  his  residence.  Relegatio  was  not  fol- 
lowed  by  loss  of  dtisenship  or  property,  except  so 
fiir  as  the  sentence  of  relegatio  might  extend  to  part 
of  the  person^s  property.  The  relegatus  retained 
his  dtisenship,  toe  ownershin  of  his  property,  and 
the  patria  pcU$i(u,  whether  the  relegatio  was  for  a 
definite  or  an  indefinite  time.  The  relegatio,  in 
fiwt,  merely  confined  the  perM«  within,  or  exduded 
him  from,  particular  pfaicea,  which  is  acecrding 
to  the  definition  of  Aelins  Oallus  (Festns,  $,  HeU- 
gati)^  who  says  that  the  punishment  was  imposed 
by  a  lex,  senatns-consultnm,  or  the  edictum  of  a 
mi^istxattts.  The  wordsof  Ovid  express  the  legal 
efiect  of  relegatio  in  a  manner  literally  and  techni- 


♦  Noodt  {Op.  Omn,  L  68)  corrects  the  extract 
from  Mardanus  thus : — **  Exsilium  dimpUm  est :  aut 
certomm  locomm  interdictio,  ut  kta  fiiga;  ant 
omnium  looorum  pnaeter  certum  locum,  ut  insulae 
vinculum,**  &c. 

The  passage  is  evidently  corrupt  in  some  editions 
of  the  Digest,  and  the  correction  of  Noodt  is  sup- 
ported by  good  reasons.  It  seems  that  Marcian  is 
nere  speaking  of  the  two  kinds  of  rdtgatio  (con^ 
pare  Ulpian,  Dig.  48.  tit  22.  s.  7),  and  he  does 
not  indude  the  exsilium,  which  was  accompanied 
with  the  loss  of  the  ehUcu/  for  if  his  definition 
is  intended  to  include  all  the  kinds  of  iwrMlinm^  it 
is  manifestly  incomplete ;  and  if  it  indudes  only 
rdegatio,  as  it  must  do  firom  the  terms  of  it,  the 
de^tion  is  wrong,  inasmuch  as  there  are  only 
two  kinds  of  rdegatia  The  condusion  is,  that  the 
text  of  Marcianus  is  either  cormpt,  or  has  been 
altered  by  the  compilers  of  the  DigcKt, 
L  L  2 


516 


EXSILIUM. 


cally  correct  (Instances  of  relegatio  occur  in  the 
following  passages: — Suet  Aug.  clS^  Tib.  c.50 ; 
Tacit  Antu  iiL  17,  68 ;  Suet  Ootid,  c.  23,  which 
last,  as  the  historian  remarks,  was  a  new  kind  of 
relegatio.)  The  term  relegatio  is  applied  hy  Cicero 
(de  6^  iiL  31)  to  the  case  of  T.  Manlius,  who 
had  been  compelled  by  his  fiuher  to  live  in  solitude 
in  the  country. 

DeporkUio  in  ituHlam^  or  deportatio  simply,  was 
introduced  under  the  emperors  in  phice  of  the 
aquae  et  ignis  interdictia  (Ulpian,  Dig.  48.  tit 
13.  s.  3;  tit  19.  s.  2.)  The  governor  of  a  pro- 
vince (/TTuMes )  had  not  the  power  of  pronooncing 
the  sentence  of  deportatio  ;  but  this  power  was 
given  to  the  praefectus  urbi  by  a  rescript  of  the 
emperor  Severus.  The  consequence  of  deportatio 
was  loss  of  property  and  citizenship,  but  not  of 
freedom.  Tnough  the  deportatus  ceased  to  be  a 
Roman  citizen,  he  had  the  c^iaci^  to  buy  and 
sell,  and  do  other  acts  which  might  be  done  ac* 
cording  to  the  jus  gentium.  Deportatio  difFerod 
from  relegatio,  as  already  shown,  and  ftlso  in  bebg 
always  for  an  indefinite  time.  The  relegatus  went 
into  banishment ;  the  deportatus  was  conducted  to 
his  place  of  banishment,  sometimes  in  chains. 

As  the  exsilium  in  the  special  sense,  and  the 
deportatio  took  away  a  person*s  civitas,  it  follows 
that  if  he  was  a  father,  his  children  ceased  to  be 
in  his  power ;  and  if  he  was  a  son,  he  ceased  to  be 
in  his  finther's  power;  for  the  relationship  ex> 
pressed  by  the  terms  patria  paUttaa  could  not 
exist  when  either  party  had  ceased  to  be  a  Roman 
citizen.  (Gains,  1 128.)  Relegatio  of  a  finther  or 
of  a  son,  of  course,  had  not  this  effect  But  the 
interdict  and  the  deportatio  did  not  dissolve  mar- 
riage. (Cod.  5.  tit  16.  s.  24 ;  tit  17.  s.  1 ;  com- 
pare Gains,  I  128,  with  the  Institutes,  i.  tit  12, 
in  which  the  deportatio  stands  in  the  place  of  the 
aquae  et  ignis  interdictio  of  Gains.) 

When  a  person,  either  parent  or  child,  was  con- 
demned to  the  mines  or  to  fight  with  wild  beasts, 
the  relation  of  the  patria  potestat  was  dissolved. 
This,  though  not  reckoned  a  species  of  exsilium, 
reaembled  deportatio  in  its  consequences. 

It  remains  to  examine  the  meaning  of  the  term 
exsilium  in  the  republican  period,  and  to  ascend,  so 
far  as  we  can,  to  its  origin.  Cicero  (Pro  Ckxedna, 
c.  34)  affirms  that  no  Roman  was  ever  deprived  of 
his  civitas  or  his  freedom  by  a  lex.  In  the  oration 
Pro  Domo  (c.  16, 17)  he  makes  the  same  assertion, 
but  in  a  qualified  way ;  he  says  that  no  special 
lex,  that  is,  no  priviUffium^  could  be  passed  against 
the  caput  of  a  Roman  citizen,  unless  he  was  first 
condemned  in  a  judicium.  It  was,  according  to 
Cicero,  a  fundamental  principle  of  Roman  law  (Pro 
Dotno^  c  29),  that  no  Roman  citizen  could  lose 
his  fi%edom  or  his  citizenship  without  his  consent 
He  adds,  that  Roman  citizens  who  went  out  as 
Ijatin  colonists,  could  not  become  Latin,  unless 
they  went  voluntarily  and  registered  their  names : 
those  who  were  condemned  of  capital  crimes  did 
not  lose  their  citizenship  till  they  were  admitted 
as  citizens  of  another  state ;  and  this  was  effected, 
not  by  depriving  them  of  their  civitas  (ademptio 
ctmiaaa),  but  by  the  interdictio  tecti  aquae  et 
ignis.  The  same  thing  is  stated  in  the  oration 
Pro  Caecina  (c.  34),  with  the  addition,  that  a 
Roman  citizen,  when  he  was  received  into  another 
state,  lost  his  citizenship  at  Rome,  because  by  the 
Roman  law  a  roan  could  not  be  a  citizen  of  two 
•tates.    This  reason,  however,  would  be  equally 


EXSILIUM. 
good  for  showing  that  a  Roman  dtixen  could  n 
become  a  eitizen  of  another  cmnmuziity.  In  tj 
oration  Pro  Balbo  (c  11)  the  propoaitkm  »  pi 
rather  in  this  form  ;  that  a  Roman  who  becarn^p 
citizen  of  another  state,  thereby  ceaaed  to  be  a  Rl 
man  citizen.  It  most  not  be  forgotten  tb.at  in  t| 
oration  Pro  Omcmo,  it  is  one  of  Cicero^  objects  i 
prove  that  his  client  had  the  rigbta  of  a  Roo^ 
citizen ;  and  in  the  oration  Pro  £k>ma,  to  prot 
that  he  himself  had  not  been  an  ezsul,  tboog-b  h 
was  interdicted  from  fire  and  water  within  40^ 
miles  of  Rome.  (Cic.  Ad  Attic  iii  4.)  Nov^  a 
Cicero  had  been  interdicted  frxmi  fire  and  wa.te4 
and  as  he  evaded  the  penalty,  to  use  bia  own  wordi 
(Pro  Caecina  c.  34),  by  going  beyond  the  limit^ 
he  could  only  escape  the  oonaequenoea,  namelyi 
exsilium,  either  by  relying  on  the  fact  of  hia  noj 
bein^  received  as  a  citizen  into  another  state,  or  h^ 
allegmg  the  illegality  of  the  proceedinga  a^insl 
him.  But  the  latter  is  the  ground  on  which  hei 
seems  to  maintain  his  case  in  the  I^ro  Domo :  b« 
alleges  that  he  was  made  the  subject  of  a  privi-i 
legium,  without  having  been  first  condemned  in  a 
judicium  (c.  17). 

In  the  earlier  republican  period,  a  Rosnan 
citizen  might  have  a  right  to  go  into  exailinffl  to 
another  state,  or  a  citizen  of  another  state  might 
have  a  right  to  go  into  exsilium  at  Rome,  bj  rirtoe 
of  certain  isopolitical  relations  existing  betwera 
such  state  and  Rome.  This  right  was  called  )n 
exulandi  with  reference  to  the  state  to  which  the 
person  came ;  with  respect  to  his  own  state  which 
he  left,  he  was  exul,  and  his  conditi<xn  was  ex- 
silium:  with  respect  to  the  state  which  he  en- 
tered, he  was  i$iqt»iUntu* ;  and  at  Rome  he  might 
attach  himself  (appliatre  ae)  to  a  quasi  patronus,  a 
rehttionship  which  gave  rise  to  questions  inyolving 
the  jus  applicationis. 

The    sentence    of   aquae   et  ignia,    to    which 
Cicero  adds  (Pro  Domo,  c  30)  tecti  interdictio   ' 
(comp.  Plut  MariMSy  c.  29),   was  equivalent  to 
the  deprivation  of  the  chief  necessaries  of  life,  and 
its  effect  was  to  incapacitate  a  person  from  exer- 
cising the  rights  of  a  citizen  within  the  limits  which 
the  sentence  comprised.     Supposing  it  to  be  tnie, 
that  no  Roman  citizen  could  in  direct  terms  be  de- 
prived of  his  civitas,  it  requires  but  little  know- 
ledge of  the  history  of  Roman  jurisprudence  to 
perceive  that  a  way  would  readily  be  disooTcred 
of  doing  that  indirectly  tvhich  could  not  be  done 
directly ;  and  such,  in  fiKt  was  the  aquae  et  ignii     j 
interdictia     The  meaning  of  the  sentence  of  aqxae 
et  ignis  interdictio  is  clear  when  we  consider  the     I 
sjrmbolical  meaning  of  the  aqua  et  ignis.      The 
bride^  on  the  day  of  her  marriage,  was  received  by     | 
her  husband  with  fire  and  water  (Dig.  24.  tit  1. 
a.  ^^\  which  were  symbolical  of  his  taking  ber 
under  his  protection  and  sustentation.    Varro  {Dt 
Ling.  Lot.   iv.)  gives  a  diffisrent  explanation  of 
the  symbolical  meaning  of  aquae  et  ignii  in  the 
marriage  ceremony : — Aqitae  ei  igme  (accordiiy  to 
the  expression  of  Festus)  nmt  dm  elemenia  ^uae 
kumanam  vitam  nuMxime  continent.     The  sentence 
of  interdict  was  either  pronounced  in  a  judiciuio, 
or  it  was  the  subject  of  a  lex.     'Qfae  puni^hmeot 


*  This  word  appears,  by  its  termination  mio, 
to  denote  a  person  who  vras  one  of  a  dass,  like  the 
word  libertinus.  The  prefix  m  appears  to  be  the 
correlative  of  ear  in  extnl,  and  the  remaining  pnrt 
qmlj  is  probably  rebted  to  eol  in  iscofa  and  oo<om& 


FABRI. 

ra  inflicted  for  Tuiow  crimes,  ai  vii  pMiea^ 
fKiuklmi,  vemefieatmj  &c.  The  Lex  Julia  de  vi 
psAUea  tt  prnata  applied,  among  other  caiefl,  to 
n J  penon  9m  neqpmC,  ceitmm/,  taiamf,  the  inter- 
dicted poion  (Paaloa,  SemL  Reoq>L  ed.  Sohulting) ; 
sod  tk«se  was  a  daoie  to  this  ^ect  in  the  lex  of 
ClddiBs,  by  which  Ciceco  was  banished. 

The  sentence  of  the  interdict,  which  in  the 
tioe  of  the  Antonines  was  aceompanied  with  the 
lois  of  citizenship  (Gains,  L  90),  ooold  hardly  have 
had  any  other  effect  in  the  time  of  Cicero.  It 
aar  be  tnie  that  eTsflium,  that  is,  the  change  of 
jUui,  or  ground,  was  not  in  direct  terms  included 
is  the  sentence  of  091100  tt  igmU  tmierdietio :  the 
pmon  mjght  stay  if  he  liked,  and  submit  to  the 
peDslty  of  being  an  outcast,  and  being  incapacitated 
fhsB  dotng  any  legal  act  Indeed,  it  is  not  easy 
to  conceiTe  that  hamAmtiU  can  exist  in  any  state, 
except  sack  state  has  distant  possessioiis  of  its  own 
td  which  the  offender  can  be  sent  Thus  banish- 
ment as  a  penalty  did  not  exist  in  the  old  English 
Uv.  When  isopoUtical  relatiflDS  existed  between 
BcBie  and  another  state,  ezsQiinn  might  be  the 
pmikge  of  an  offender.  Ciceio  might  then  truly 
BT  tint  rrwiliinn  was  not  a  puniunnent,  bat  a 
mode  of  evading  punishment  {Ptq  Cbacma)  ;  and 
tiiis  is  qnite  consistent  with  the  interdict  being  a 
padsfament,  and  having  for  its  object  the  exsilinm. 

Acootding  to  Niebuhr,  the  interdict  was  intended 
to  pciefent  a  person,  who  had  become  an  exsnl,  firom 
iiliauy  to  Rome  and  resuming  hia  citiaenship, 
sad  the  interdict  was  taken  off  when  an  exsul  was 
maUed.  Further,  Niebuhr  asserts,  that  they  who 
settled  in  an  unprivileged  place  (one  that  was  not 
ra  an  isopolitical  connection  with  Rome)  needed  a 
deoee  of  the  people^  declaring  that  their  settle- 
ment should  operate  as  a  legal  exsilium.  And 
this  ssscrtion  is  supported  b^  a  single  passsge  in 
livy  (xxvi  3),  firam  which  it  af^iears  tiiat  it  was 
decfaied  by  a  plebiscitum,  that  C.  Fabius,  by 
goiiig  mto  exile  {eaadatmm)  to  Tarquinii,  which 
vas  s  munic^iom  {Pro  Catcm,  c  4),  was  legally 
in  exile. 

Kiebahr  asRrti  that  Cieero  had  not  lost  the 
eiritas  by  the  interdict ;  but  Cicero  {Ad  AtHe.  iii. 
23)  by  implieation  admits  that  he  had  lost  his 
dritsB  and  his  ordo,  though  in  the  Omtio  Pro 
Z^nno  he  denies  that  he  had  lost  his  civitaa.  And 
tkegfound  on  which  he  mainly  attempted  to  sup- 
port his  case  was,  that  the  lex  by  which  he  was 
ioteidicted,  was  in  fiict  no  lex,  but  a  proceeding 
altogether  irreguho'.  Cieero  was  restored  by  a  lex 
Centnrisla.    {Ad  Attic  iv.  1.)  [Q.  Ji.] 

EXTISPEX.     [Hjirusfxx.] 

EXTRAORDINA'RIL  [Exucitus,  p. 
<57,hL] 


FABRI,  are  workmen  who  make  any  thing  out 
of  hard  materials,  as  fabri  tianarii,  carpenters, 
,^M  luram,  smiths,  Ac  The  different  trades 
were  divided  by  Nnma  (Plut  Mrnio,  17)  into 
nine  collegia,  whidf  correspond  to  our  companies 
orgmids.  In  the  constitution  of  Serrins  Tulfius, 
the  >Mri  tiffmarii  {r4KToi^s^  Orelli,  Interip,  60, 
417,3690,4086, 4088, 4184)and  the/aMaermH 
9  firraru  {xa^oHwoi)  were  formed  into  two 
ceittories,  which  were  called  the  centuriae/oAricm, 
udaotyUroram.   (Cic  Ora/.  46.)    They  did  not 


FALSUM. 


517 


bdong  to  any  of  the  five  classes  into  which  Servios 
divided  the  people  ;  but  ihe/bbri  tiffm,  probably 
voted  with  the  first  class,  and  tht/bAH  aer,  with 
the  second.  Livy  (i.  43)  and  Dionysius  (vii.  59) 
name  both  the  centuries  together:  the  fiirmer  says 
that  they  voted  with  the  fint  dass ;  the  latter, 
that  they  voted  with  the  second.  Cicero  (Z>0  Rep. 
u.  22)  names  only  one  century  of  fiibri,  which  he 
says  voted  with  the  first  ckss ;  but  as  he  adds  the 
word  Ugmariui  ai,  he  must  have  recognised  the 
existence  of  the  second  century,  which  we  suppose 
to  have  voted  with  the  second  class.  (QdtUing, 
GmA.  der  Kim,  Staattv.  pi  249.) 

The  fabri  in  the  army  were  under  the  command 
of  an  officer  called  pras/ietu»  /abr4m,  (Caes.  ap, 
Cie,adAU.ix.^  BdL  Oh.l24;  Vegel  il  11.) 
It  has  been  supposed  by  some  modem  writers  that 
there  was  a  praefectus  &brftm  attached  to  each 
legion ;  and  this  may  have  been  the  case.  No  genuine 
inscriptions  however,  contain  the  title  of  paefectas 
iabrAm  with  the  name  of  a  legion  added  to  it. 
There  were  also  civil  magistrates  at  Rome  and  in 
the  municipal  towns,  called  pfaefecti  fiibribn ;  but 
we  know  nothinj^  respecting  them  beyond  their 
name.  Thus  we  find  in  Grater,  Prasp.  Fabb. 
Romas  (467.  7),  Praipbctus  Fabr.  Cabb. 
(235.  9.)  The  subject  of  the  praefecti  fiibribn  is 
discussed  with  great  accuracy  in  a  letter  of  Hagen- 
bnehius,  published  by  Orelli  {Ituerip,  vol.  ii. 
p.  95,  Ac). 

FA'BULA.    [Comobdia.] 

FACTIO'NES  AURIGA'RUM.  [CiBCua, 
p.  287.] 

FALA'RICA.    [Hasta.] 

FALSA'RIUS.    [Falsum.] 

FALSU3{.  The  oldest  legislative  provision  at 
Rome  against  Falsum  was  that  of  the  Twelve 
Tables  against  ftlse  testimony  (GeU.  xx.  I ) ;  but 
Ihere  were  trials  for  giving  fiilse  testimony  before 
the  enactment  of  the  Twelve  Tables.  (Liv.  iii. 
24,  &c.)  The  next  legislation  on  Falsum,  so  &r 
as  we  know,  was  a  Lkbx  Cornelia,  passed  in  the 
time  of  the  IMctator  Sulk,  which  Cicero  also  calls 
testamentaria  and  nnmaria  {In  Verr.  ii.  lib.  1. 
c  42),  with  reference  to  the  crimes  which  it  was 
the  object  of  the  law  to  punish.  The  offence  was 
a  Crimen  Publicum.  The  provisions  of  this  lex 
are  stated  by  Pauhts  {Smt,  ReoepL  v.  25,  ed. 
Berl.),  who  also  entitles  it  Lex  Cornelia  testa- 
mentaria, to  apply  to  any  person  **  qui  testamentum 
qnodve  aliud  instramentnm  falsum  sciens  dolo 
malo  Bcripserit,  recitaverit,  snbjecerit,  suppresserit, 
amoverit,  resignaverit,  deleverit,**  &&  The  punish- 
ment was  deportatio  in  insulam  (at  least  when 
Panlus  wrote)  for  the  **  honestiores  ;**  and  the  mines 
or  crucifixion  for  the  **  hnmiliores.**  In  place  of 
deportatio,  the  law  probably  contained  the  punish- 
ment of  the  interdictio  aquae  et  ignis.  According 
to  Panlus  the  law  applied  to  any  instrument  as 
well  as  a  will,  and  to  the  adulteration  of  gold  and 
silver  coin,  or  refusing  to  accept  in  payment  ge- 
nuine coin  stamped  with  the  head  of  the  princeps. 
But  it  appears  fiom  Ulpian  (sub  titulo  de  poena 
legis  Comeliae  testamentariae)  that  these  were 
subsequent  additions  made  to  the  Lex  Cornelia 
{M08.  et  Ram.  Leg.  CoU.  tit  8.  s.  7)  by  various 
senatus-consulta.  (Tacit  Atm.  xiv.  40,  41.)  By 
a  senatos-consultum,  in  the  consulship  of  Statilius 
and  Taurus,  the  penalties  of  the  law  were  extended 
to  the  case  of  other  than  testamentary  instruments. 
It  is  conjectured  that,  for  the  consulship  of  Statiliua 
L  L  3 


518 


FALX. 


FALX. 


and  Taama,  as  it  stands  in  the  text  of  Ulpian,  we 
•hoald  read  Statilius  Taonu,  and  that  the  consul- 
ship of  T.  Statilins  Taoros  and  L.  Scribonius  Libo 
(JLD.  16)  is  meant  A  subsequent  senatus-con- 
loltum,  in  the  fourteenth  year  of  Tiberius,  extended 
the  penalties  of  the  bw  to  those  who  for  monej 
undertook  the  defence  of  a  (criminal  ?)  cause,  or  to 
procure  testimony;  and  by  a  senatus-ocmsultum, 
passed  between  the  dates  of  those  just  mentioned, 
conspiracies  for  the  ruin  of  innocent  persons  were 
comprised  within  the  proyisions  of  the  law.  An- 
other senatus-consnltum,  passed  a.  d.  26,  extended 
the  Uw  to  those  who  received  money  for  selling, 
or  giving,  or  not  p^iving  testimony.  There  were 
probably  other  legislative  provisions  for  the  pur- 
pose of  checking  fraud,  in  the  time  of  Nero  it 
was  enacted  against  fraudulent  persons  (JbdtarU), 
that  tabulae  or  written  contracts  should  be  pierced 
with  holes,  and  a  triple  thread  passed  through  the 
holes,  in  addition  to  the  signature.  (Suet  Nero^ 
c.  17  ;  compare  Paulus,  Smt,  ReeepL  t.  tit  25. 
a.  6.)  In  uie  time  of  Nero  it  was  also  provided 
that  the  first  two  parts  (eerae)  of  a  will  should 
have  only  the  testator's  signature,  and  the  remain- 
ing one  that  of  the  witnesses  :  it  was  also  provided 
that  no  man  who  wrote  the  will  should  give  himself 
a  legacy  in  it  The  provisions,  as  to  adulterating 
money  and  refusing  to  take  legal  coin  in  payment, 
were  also  made  by  senatusoonsulta  or  imperial 
constitutions.  Allusion  is  made  to  the  latter  law 
by  Arrian  (Epict  iil  3).  It  appears  from  numer- 
ous passages  in  the  Roman  writers  that  the  crime 
of  falsum  in  all  its  forms  was  very  common,  and 
especially  in  the  case  of  wills,  against  which  legis- 
lative enactments  are  a  feeble  security.  (Heinecc. 
SyiUoffma;  Rein,  Das  CkimmabrttM  der  Romer, 
where  the  subject  is  fully  discussed.)      [G.  L.] 

FALX,  dim.  FALCULA  (i^,  Bphrayw, 
poeL  iptwdini^  dim,  8pcirdy«»'),  a  sickle ;  a  scythe ; 
a  pruning-knife,  or  pnming-hook ;  a  bill;  a  fid- 
chion ;  a  halbert 

As  CuLTBR  denoted  a  knife  with  one  straight 
edge,  '*  fidx  ^  signified  any  similar  instrument,  the 
single  edge  of  which  was  curved.  {AphcoMOP  c6- 
Kafix4s^  Hom.  Od,  xviii  367  ;  eurvae/idoesj  Virg. 
Owy,  i.  508  ;  curvamine /Ulds  amae^  Ovid,  Afet 
viL  227  ;  adunoa/alce^  xiv.  628.)  By  additional 
epithets  the  various  uses  of  the  falx  were  indicated, 
and  its  corresponding  varieties  in  form  and  sixe. 
Thus  the  sickle,  because  it  was  used  by  reapers, 
was  called  /alte  meatoria ;  the  scythe,  which  was 
employed  in  mowing  hay,  was  ca.\ied./idx/bemiria; 
the  pruning-knife  and  the  bill,  on  account  of  their 
use  m  dressing  vines,  as  well  as  in  hedging  and  in 
cutting  off  the  shoots  and  branches  of  trees,  were 
distinguished  by  the  appellation  oi  fcdx  jmtatoria^ 
vinHoriOy  arborariOy  or  silvaiica  (C^ato,  De  R»  RtuL 
10,  11  ;  Palkd.  i.  43  ;  Colum.  iv.  25),  or  by  the 
diminutive /a/c«2a.    (Colum.  xii.  18.) 

A  rare  coin  published  by  Pellerin  (Med.  de  Roia, 
Par.  1762.  p.  208)  shows  the  head  of  one  of  the 
Lagidae,  kings  of  Egypt,  wearing  the  Diadxma, 
and  on  the  reverse  a  man  cutting  down  com  with 
a  sickle.     (See  woodcut) 

The  lower  figure  in  the  same  woodcut  is  taken 
from  the  MSS.  of  Columella,  and  illustrates  his 
description  of  the  various  parts  of  the /afx  viniioria, 
(De  ReRusLiv.  25.  p.518,ed.Ge8ner.)  [Culter.] 
The  curvature  in  the  fore  part  of  the  bUule  is  ex- 
pressed by  Viigil  in  the  phrase  procurva /uLt. 
(Georg.  11  421.)    After  the  removal  of  a  branch 


by  the  pnming-hook,  it  waa  often  smoothed,  i$ 
in  modem  gardening,  by  the  chiseL  (Coloiiu 
De  Atitor.  10.)  [Dolabra.]  The  edge  of  the 
folx  was  ohea  toothed  or  seriated  (fipnrr  Kop^ 
Xatpi^orra,  Hesiod,  Theog.  174,  179 ;  daitiaiatas 
Colum.  De  Rs  Rmd,  iL  21).  The  isdispeonble 
process  of  sharpening  these  instruments  (Ipnp^ 
XBtpaairtiUnu^  Hesiod,  Op.  573  ;  i^np  cin^ 
vcotfiry^a,  ApolL  Rhod.  iiL  1388)  was  effiBct«dVj 
whetstones  which  the  Romans  obtained  bm 
Crete  and  other  distant  places,  with  the  sdditraa 
of  6il  or  virater  which  the  mower  (/bemu)  car- 
ried in  a  hom  upon  his  thigh.  (Plin.  H.  N.  xriii. 
67.) 

Numerous  as  were  the  UMi  to  which  the  £dz 
was  applied  in  agriculture  and  hortiailtaie,  iti 
employment  in  battle  was  almost  equally  ivied, 
though  not  so  frequent    The  Geloni  were  noted 
for  its  use.    (C\t^^aai,DelAud.StiL\.\m   It 
was   the  weapon  vrith  which  Jupiter  wainied 
Typhim  (ApoUod.  L  6) ;    with  which  Heroila 
slew  the  Lenwean  Hydn  (Bnripi  /o«^  191) ;  and 
with  which  Mercury  cut  off  the  head  of  Aipt 
(^deato  eMae^Oyid^  MeL  17 IS  iiatjmCfiiiMida, 
Lucan,  ix.  662—667).     Peraeus,  having  reeelTed 
the  same  weapon  fr^  Memuy,  or,  accordii^  to 
other  authorities,  from  Vulcan,  used  it  to  deapi- 
tate  Medusa  and  to  slay  the  sea-menster.  (ApoUoi 
iL  4  ;  Eratosth,  CaituUr.  22  ;  Gvid,  Met.  iT.666, 
720,  727,  ▼.  69  ;  Biwack^AnaL  iiL  157)    Ftoid 
the  passa^  now  referred  to,  we  may  coodade  Uat 
the  folchion  was  a  weapon  of  the  most  remote 
antiquity  ;  that  it  was  girt  like  a  dagger  upon  tiie 
waist ;  that  it  was  held  in  the  hand  by  a  iboit 
hiU ;  and  that,  as  it  was  in  £act  a  dagger  or  iharp- 
pointed  blade,  vrith  a  proper  fidx  pn^cctmg  froo 
one  side,  it  was  thrust  into  the  flesh  up  to  thu    j 
kteral-  curvature  (curoo  tenue  abdidit  iamo).   h 
the  following  woodcut,  four  examples  are  aelected 
from  works  of  ancient  art  to  illnstnite  itt  fono. 
One  of  the  four  cameos  here  copied  i*!**'*"^ 
Perseus  with  the  fidchion  in  his  right  baod,  m 
the  head  of  Medusa  in  his  left.    The  two  maiitt 
figures  are  heads  of  Saturo  with  the  £ilz  io.i^ 
original  form  ;  and  the  fourth  cameo,  wprMeDtuy 
the  same  divinity  at  full  length,  vas  prolisbly  en- 
graved in  Italy  at  a  kter  period  than  the  othcn, 
but  early  enough  to  prove  that  the  ^'J^^^^    \ 
use  among  the  Romans,  whilst  it  ilhutial^  ^ 
adaptation  of  the  symbols  of  Satarn  (Mj**  * 
eaiex  /alcifer,  Ovid,  F^isi.  T.  627,  «  /M^  216) 
for  the  purpose  <rf  pcrMnifyiqg  Tinae  (Xf^^)"         ^ 
If  wo  imagine  the  weapon  which  has  no*  o^ 


FAMIUA. 


FAMILIA. 


519 


dcKiibed  to  be  attached  to  the  end  of  a  pole,  it 
vaold  aflKme  the  fonn  and  be  applicable  to  all  the 
poipooes  of  the  modern  halbert  Such  mutt  hare 
Wen  the  tuatrm  faleaH  naed  bj  the  Romana  at 
tke  tiege  ef  Ambtada.  (Lit.  zxxriii.  5 ;  compare 
Caci.  BtlL  GaU  tIL  22,  86  ;  Q.  Cart  iv.  19.) 
SametinieB  the  iron  head  wag  lo  large  aa  to  be 
tiftened,  instead  of  the  lam^t  head,  to  a  wooden 
heam,  wad  worked  bj  men  under  a  testudo. 
(VegeL  iT.  14.) 

Ludy,  the  ABirriana,  the  Persians,  the  Medet, 
and  the  Syiiani  in  Asia  (Xen.  Qirop.  yi.  1,  2, 
Jm&.  L  8  ;  Died.  iL  5,  xriL  53 ;  Polyb.  t. 
53  ;  Q.  Cart.  iy.  9,  12,  13  ;  Gell.  t.  5  ;  2  Mace 
xiiL  2  ;  Vegei.  iii,  24  ;  Lit.  zzxrii.  41),  and  the 
Gaals  and  Britons  m  Europe  [Cotinus],  made 
tbeaudTes  formidable  on  the  field  of  battle  by  the 
we  of  chariots  with  scythes,  fixed  at  right  angles 
(cis  TA^yior)  to  the  axle  and  tamed  downwards ; 
or  aaetted  parallel  to  the  axle  into  the  fell^  of  the 
wheel,  so  as  to  revolye,  when  the  chariot  was 
put  m  motion,  with  more  than  thrice  the  Telocity 
of  the  chariot  itself ;  and  sometimes  also  projecting 
from  the  extremities  of  the  axle.  [J.  Y.] 

FAMI'LIA.  This  word  contains  the  same 
denent  as  "•  frmulus,**  which  is  said  to  be  the 
aae  as  the  Oacan/amml  mfamdy  which  signified 
**iernu.**  The  conjecture  that  it  contains  the 
BStt  dement  as  the  Greek  hiuXia^  and  is  the 
nme  aa  ^  or  ofi^  is  specious,  but  somewhat  doubt- 
ftiL  In  its  widest  sense  Familia  comprehends  all 
tiat  ii  Bubiected  to  the  will  of  an  indlTidual,  who 
ii  id  jnria,  both  free  persons,  alaTes,  and  objects 
of  property.  In  this  sense  it  corresponds  to  the 
(iiedc  eLco5  and  oIkiil  But  the  word  has  Tarious 
oanower  sigmficatioDS  (fiimiliae  —  appellatio  et  in 
K8  et  B  pctaonas  didadtur.  Dig.  50.  tit  16.  s.  195. 
f  1).  In  the  third  kind  of  testamentary  disposi- 
tioo  mendoned  by  Gaxus  (iL  102X  the  word 
"fiuoUa^  is  explsimed  by  the  equrvalent  " patri- 
aowm  ;**  and  tiM  peraon  who  reeeiTed  the  fiunilia 
fron  the  testator  (qui  a  teatatore  fiimiliam  ao- 
opiebat  manctpio)  waa  called  **  fianiliae  emptor." 
AJid  in  the  foramla  adopted  by  the  ''iamiliae 
enptm,**  when  he  took  the  testator^s  £unilia  by  a 
&^tiaas  sale,  his  words  were:  ^'Familiam  pe- 
comniqne  toam  endo  raandatam  tatelam  custode- 
laaqne  mcam  redpio,**  &c. 

In  the  pasa^ge  of  the  Twehre  TaUei  which  de- 


chres  that  in  de&ult  of  any  heres  sons,  the  pro- 
perty  of  the  intestate  shall  go  to  the  next  agnatos, 
the  word  ^'fiunilia**  signifies  the  property  only : 
**Agnatus  proximus  fimiiliam  habeto.**  In  the 
same  section  in  which  Ulpian  {Frag,  tit.  26.  1) 
quotes  this  pusage  from  the  Twehre  Tables,  he 
explains  agnati  to  be  ^'eognati  Tirilis  sexus  per 
mares  deaoendentes  ejuadem  fiuniliae,**  where  the 
word  **  fiunilia  **  comprehends  only  persons.  (Dig. 
50.  titles.  195;  10.  tit  2.) 

The  word  **  fiunilia  **  sometimes  signifies  only 
**  pemns,**  that  is,  all  those  who  are  in  the  power 
of  a  pater&milias,  such  as  his  sons  {/Uii/amiluM$\ 
daughters,  grandchildren,  and  akToa,  who  are  atrictly 
objecta  of  dominium,  but  are  alao  in  a  aenae  objects 
of  potestas.  In  another  sense  ^frmUia  **  signifies 
only  the  fine  penons  who  are  in  the  power  of  a 
paterfiunilias ;  and,  in  a  more  extended  sense  of 
this  kmd,  all  those  who  are  agnati,  that  is,  all 
who  are  sprung  from  a  eommon  ancestor,  and 
would  be  in  his  power  if  he  were  liring.  With 
this  sense  of  frmilia  is  connected  the  status  fiuni- 
liae,  by  Tirtne  of  which  a  peraon  belonged  to  a 
particukr  fimiilia,  and  thereby  had  a  capacity  for 
certain  rights  which  only  the  membera  of  the 
familia  oould  claim.  A  person  who  changed  this 
siatns,  oeased  to  belong  to  the  fiunilia,  and  sus- 
tained a  capitis  diminutio  minima  [Adoptio; 
Caput.]  Members  of  the  aame  fitmily  were 
**  fiuniliares  ;**  and  hence  frmiliaris  came  to  signify 
an  intimate  friend.  Slayes  who  belonged  to  the 
aame  fiunilia  were  called,  with  respect  to  this  re- 
lation, fiuniliares.  Generally,  **  fiuniliaris  **  might 
signify  any  thing  relating  to  a  fiunilia. 

Sometimes  **  fiunilia  **  is  used  to  signify  only  the 
slsTes  belonging  to  a  person  (Cic  ad  JPam.  xiT.  4, 
ad  Qmmt,  Fr.  iL  6) ;  or  to  a  body  of  persons 
(socMtoa),  in  which  sense  they  are  sometimes  op- 
posed to  liberti  (Cic.  BrtU,  22),  where  the  true 
reading  is  •libertL'*    (Cie,  ad  h\m,  I  ^) 

The  word  fiunilia  is  alao  applied  (improperiy)  to 
sects  of  philosophen,  and  to  a  body  of  gladiators :  in 
the  latter  sense  with  less  impropriety.  In  a  sense 
still  less  exact,  it  is  sometimes  applied  to  signify  a 
liTing,  a  man^  means  of  subsistence.  (Ter.  i^Matoa. 
T.  1.  36.) 

A  paterfiunilias  and  a  materfiunilias  were  re- 
speetirely  a  Roman  dtiien  who  was  sui  juris,  and 
his  wife  in  manu.  (Cic.  Top,  8 ;  comp.  UIp.  Frog. 
It.  1,  and  BSdung,  In$tU.  L  pp.  217,  229.)  A 
filiusfinnilias  and  a  filiafiunilias  were  a  son  and 
daughter  in  the  power  of  a  paterfimiUias.  The 
fiunilia  of  a  paterfiunilias,  in  iu  widest  aense, 
comprehended  all  hia  agnati ;  the  extent  of  which 
term,  and  ita  legal  import,  are  explained  under 
CoaNATi.  The  relation  of  fiunilia  and  gena  is 
explained  under  Gkns. 

The  notion  of  Familia  as  a  natural  relation  con- 
sists of  Marriage,  the  Patria  Potestas,  and  Cognatio 
(kinahip).  &t  PositiTe  Law  can  fiMhion  other 
relations  after  the  type  of  these  natural  relations. 
Of  these  artificial  fiunily  relations  the  Roman  law 
had  fiTe,  which  are  as  follow:  —  (1)  Manus,  or 
the  strict  marriage  relation  between  the  husband 
and  wife  ;  (2)  Serritos,  or  the  relation  of  maater 
and  slsTe ;  (3)  Patronatoa,  or  the  relation  of 
fiirmer  master  to  former  dsTO  ;  (4)  Mancipii 
causa,  or  that  intermediate  state  between  serritus 
and  libertas,  which  characterised  a  child  who  was 
mancipated  by  his  fiither  [Emancipatio]  ;  (5) 
Tutela  and  Curatio,  the  origin  of  which  must  ba 
1  A  4 


520 


FARTOR. 


traced  to  the  Patria  Poteatas.  These  relations  are 
treated  under  their  appropriate  heads. 

The  doctrine  of  representation,  as  applied  to  the 
acquisition  of  property,  is  connected  with  the  doc- 
trine of  the  relations  of  £unilia  ;  but  being  limited 
with  reference  to  potestas,  manua,  and  mancipium, 
it  is  not  co-extensive  nor  identical  with  the  rela- 
tions of  familia.  Legal  capacity  is  also  connected 
with  the  relations  of  &milia,  though  not  identical 
with,  but  rather  distinct  from  them.  The  notions 
of  liberi  and  servi,  sui  juris  and  alieni,  are  com- 
prised in  the  above-mentioned  relations  of  fiEunilia. 
The  distinctions  of  Gives,  Latini,  Peregrini,  are 
entirely  unconnected  with  the  relations  of  familia. 
Some  of  the  relations  of  familia  have  no  effect  on 
legal  capacity,  for  instance,  marriage  as  such.  That 
family  relationship  which  has  an  influence  on  le^ 
capacity,  is  the  Patria  Potestas,  in  connection 
with  which  the  legal  incapacities  of  filius£unilias, 
filiafamilias,  and  a  wife  in  manu,  may  be  most 
appropriately  considered.  (Savigny,  System  de* 
hetOipm  Rom,  Bechts,  voL  i.  pp.  345,  &&,  356,  Slc 
vol.  iL  Beriin,  1840 ;  Bocking,  ItutuHoneti,  vol.  I 
p.  213,  Ac.)  [G.  L.] 

FAMI'LIAE  ERCISCUNDAE  ACTIO. 
Every  heres,  who  had  full  power  of  disposition 
over  his  property,  was  entitled  to  a  division  of  the 
hereditas,  unless  the  testator  had  declared,  or  the 
co-heredes  had  agreed,  that  it  should  remain  in 
common  for  a  fixed  time.  The  division  could  be 
made  by  agreement  among  the  co-heredes  ;  but  in 
case  they  could  not  agree,  the  division  was  made  by 
a  judex.  For  this  purpose  every  heres  had  against 
each  of  his  co-heredes  an  actio  familiae  erciscundae, 
which,  like  the  actiones  communi  dividundo,  and 
iinium  regundorum,  was  of  the  dass  of  Mixtae 
Actiones,  or,  as  they  were  sometimes  called,  Du- 
plicia  Judicia,  because,  as  in  the  ftuniliae  erciscundae 
judicium,  each  heres  was  both  plaintiff  and  defend- 
ant (actor  and  reus) ;  though  be  who  brought  the 
actio  and  claimed  a  judicium  {ad  judicium  provo- 
oavit)  was  properly  the  actor.  A  heres,  either  ex 
testamento  or  ab  intestate,  might  bring  this  action. 
All  the  heredes  were  liable  to  the  bononim  collatio 
[BoNORUM  Collatio],  that  is,  bound  to  allow,  in 
taking  the  account  of  the  property,  what  they  had 
recoived  from  the  testator  m  his  lifetime,  as  part  of 
their  share  of  the  hereditas,  at  least  so  &r  as  they 
had  been  enriched  by  such  donations. 

This  action  was  given  by  the  Twelre  Tables. 
The  word  Familia  here  signifies  the  **  property,** 
as  explained  in  the  previous  article,  and  is  equiva- 
lent to  hereditas. 

The  meaning  and  origin  of  the  verb  ere,  Mcers, 
or  hare,  iaoere,  have  been  a  subject  of  some  dis- 
pute. It  is,  however,  certain  that  the  word  means 
'*  division."  (Dig.  10.  tit.  2 ;  Cic.  J)e  Oral.  I 
56,  Pro  Caedna^  c  7;  ApuL  Met  ix.  p.  210, 
Bipont)  [G.L.] 

FAMO'SI  LIBELLI.     [Libillus.] 

FANUM.     [Tkmplum.] 

FA'RREUM.     [Matrimonium.] 

FARTOR  ((TiTcvr^s),  was  a  sbive  who  fiittened 
poultry.  (Colum.  viii.  7  ;  Hor.  Sat,  ii.  3.  228  ; 
PUut.  True,  12.  IL)  Donatus  {ad  TerenL  Eun, 
iL  2.  26)  says  that  the  name  was  given  to  a 
maker  of  sansages ;  but  compare  Becker,  Gattus, 
vol.  ii.  p.  190. 

The  name  of  fiutores  or  crammen  was  also 
given  to  the  noraendatores,  who  accompanied  the 
candidates  for  the  public  offices  at  Rome,  and  gave 


FASCE& 

them  the  names  of  snch  persons  as  they  miglii 
meet     (Festus,  «.  v,  Fartareg.)  j 

FAS.     [Fasti  ;  Jus.] 

FASCES,  were  rods  bound  in  the  fonn  of  i 
bundle,  and  containing  an  axe  {aecurig)  m  tk^ 
middle,  the  iron  of  which  projected  from  thcnj 
These  rods  wer^  carried  by  lictors  before  tiie  ta^ 
nor  magistrates  at  Rome,  and  are  ofien  rrpretentaj 
on  the  reverse  of  conaolar  coins.  (Spank  Di 
Praest.  et  Usu  Numism.  voL  ii  ppu  88,  91.)  Tb^ 
following  woodcuts  give  the  reverses  of  foor  coo^ 
sular  coins  ;  in  the  first  of  which  we  see  the  lictor^ 
carrying  the  fiasces  on  their  shoulders ;  in  th^ 
second,  two  &sces,  and  between  them  a  tdk 
curulis  ;  in  the  third,  two  fissoes  crowned,  vit^ 
the  oonsul  standing  betweoi  them  ;  and  in  iImj 
fourth,  the  same,  only  with  no  aowns  uwmd  tltq 
fiuces.  I 


The  next  two  woodcuts,  which  are  takm  &m 
the  consular  coins  of  C.  Norbanus,  contain  in  ad- 
dition to  the  fiuces — the  one  a  spica  and  cadnceas 
and  the  other  a  spica,  cadnceus,  and  pron. 


The  &sces  appear  to  have  been  usnally  nsde  of 
birch  {betuUa,  PUjlH.N.  xtL  30),  but  Mmettw 
also  of  the  twigs  of  the  elm.  (Plant  Jd».  Hi-  ^ 
29,  il  8.  74.)  They  are  said  to  hsve  been  de- 
rived firom  Vetulonia,  a  city  of  Etmria.  i^^J^ 
viii.  485  ;  compare  Liv.  L  8.)  Twelve  wtnanied 
before  each  of  the  kings  by  twelve  Ucton ;  «» 
on  the  expulsion  of  the  Tarquhis,one  of  the  eon- 
suls  was  preceded  by  twelve  Uctors  witk  the^ 
and  secures,  and  the  other  by  the  flme  nomber 
of  lictors  with  the  fiuoes  only,  or,  accordiiig  to 
some  accounts,  with  crowns  round  them.  (Dvap- 
V.  2.)  But  P.  Valerius  Publicota,  ^^_^^^. 
the  people  the  right  of  provooUio,  ordsiwd  tW 


'  FASCIA, 
tk  neores  •boold  be  ranored  from  tbe  ftvei,  and 
aOoved  only  cae  of  the  coorals  to  be  pceoeded  by 
tlie  Iktan  while  thej  -were  at  Rome.  (Cic.  ife 
Ap.  n.  31  ;  Faler.  Max.  iv.  ].  §  1.)  The  other 
coonl  WIS  attended  only  by  a  single  acoensiu 
[  Accanscs].  When  tliey  were  out  of  Rome,  and 
n  the  head  at  the  army,  each  of  the  oonsuls  le- 
;aLiDed  the  axe  in  the  fiuoe^  and  was  preceded  by 
hk  own  lieten.  (Dionyk  ▼.  19  ;  lir.  zar.  9, 
xxriiL  27.) 

When  Uie  detemtiii  wen  first  appomted,  the 
fiates  woe  on!  j  earned  befiDie  the  one  who  pre- 
siiUd  fat  tbe  day  (Liv.  iii.  33)  ;  and  it  was  not 
tjil  the  second  dccemTirate,  when  they  began  to 
set  IB  a  tyranniral  manner,  that  the  £uees  with 
tiie  axe  weie  carried  befiare  each  of  the  ten.  (Lir. 
iii  36.)  The  fiueea  and  secores  were,  however, 
cazried  heiore  the  dictator  OTcn  in  the  city  (LiT. 
il  18) :  he  was  preceded  by  24  lictori,  and  the 
oasister  cqaitom  by  six. 

the  [naeleis  were  preceded  in  the  city  by  two 
Ectts  with  the  fiuces  (Censorin.  Ih  Die  NaUiL 
24 ;  Cic:  Agror,  ii.  34)  ;  bat  oat  of  Rome  and  at 
the  besd  of  an  amiy  if  six,  with  the  £uees  and 
KCDBs,  whenee  thcj  are  called  by  the  Greek 
vriten  rr^etnryei  Itowe^^eir.  (Appian,  Sgr.  16 ; 
Pohrh.  iL  24.  S  6,  ilL  40i  i  9,  106.  §  6.)  The 
pncoosababo  were  allowed,  in  the  time  of  Ulpian, 
lix  fiMcea.  (Diff.  1.  tit  16.  s.  14.)  The  ttibones 
of  the  plebs,  the  aediles  and  quaestors,  had  no 
lictan  in  the  dty  (Pint  Qaocs^.  Bom,  81  ;  Gell. 
lis.  12) ;  bat  in  the  pnmnees  the  qoaestors  were 
pnmitted  to  Imre  the  frsoea.  (Cic.  Pro  Pkme. 
41.) 

The  laden  cazried  the  fiuoes  on  their  shoalden, 
a  is  Men  in  the  eoin  of  Bratoft  giren  above  ;  and 
vhen  an  inferior  magistrate  met  one  who  was 
\i^M  in  rank,  the  lictors  lowered  their  frsces  to 
him.  This  was  done  by  Valerias  Pablioola,  when 
^  addressed  the  people  (Cic.  de  Rep.  il  31  ;  Lir. 
ilT;  Vsler.  Max.  vr,  1.  §  1);  and  hence  came 
tiw  fimssiun  mbmHten  /beeee  in  the  sense  of  to 
ridd,  to  confess  one^  self  inferior  to  another.  (Cia 

When  a  general  had  gained  a  victory,  and  had 
^len  mfarted  aa  Impentor  by  his  soldiers,  his 
^Kes  were  always  crowned  with  laareL  (Cic.  ad 
'40.  Till  3w  i  5,  <fe  DwL  i  28  ;  Caea.  BelL  Or. 
iii.  71.) 

FASCIA  (rair(a),  dim.  FASCIOLA,  a  band 
er  fifiet  of  doth^  worn,  I.  loond  the  head  as  an 
osign  of  royalty  (Saeton.  JwL  79)  [Diadkm a  ; 
voodeat  to  Fax.x]  :  2.  by  women  over  the  breast 
(Ond,  i)B  Jrt.  AmaL  iu.  622  ;  Propert  iv.  10. 
49;  /hMHt  PeetartUie^  Mart  xiv.  134)  [Stro- 
PHicK ] :  8.  roond  the  legs  and  feet,  especially 
^  v«SKn  (see  the  woodcnt  under  the  article 
I'HUu).  Ciccxo  reproached  Clodins  for  wearing 
^^om  ipon  his  feet,  and  the  Calantica,  a  female 
WBanent,  opon  his  head  (ap»  Norn.  Mare,  xiv.  2). 
.^Aerwuds,  when  the  toga  had  feUen  into  disuse, 
*»{  the  shorter  palliom  was  worn  in  its  stead, 
M  tlat  the  legs  were  naked  and  exposed, ^/^isciae 
"ohi  became  common  even  with  toe  male  sex. 
(Hot  j^  iL  9L  255  ;  Val.  Max.  vi.  2.  §  7  ;  Grat 
Q"9i  338.)  The  emperor  Alexander  Severns 
(Uaprid.  Aiex.  See.  40)  always  used  them,  even 
iltiioagh,  when  in  town,  he  wore  the  toga.  Qain> 
^in,  nevertheteas,  asserts  that  the  adoption  of 
^  ooald  only  be  excused  on  the  plea  of  infirm 
^tk    {fiuL  Or,  XL  dw)      White  fesdae,  worn 


FASTI.  62] 

ly  men  (VaL  Max.i:  e, ;  Phaed.  t.  7.  37),  were  a 
sign  of  extraordinary  refinement  in  dvMs:  the 
mode  of  cleaning  them  was  by  rubbing  them  with 
a  white  tenadous  earth,  resembling  our  pipe-day 
(/aeeiae  eretaiae^  dead  AtL  il  3).  Tbe  finer 
fitfciae,  worn  by  hulies,  were  porple.  (Cic  de 
Hanm>,  Rtep,  21.)  The  bandages  wound  aboot 
the  l^a,  as  shown  in  the  illuminations  of  ancient 
MSS.,  prove  that  the  Roman  usage  was  generaUy 
adopted  in  Europe  during  the  middle  ages. 

On  the  use  of  fiwciae  m  the  nursing  of  children 
(Phmt  7V«6  V.  13)  see  Incunabula.     [J.  Y.] 

FA'SCIA  (ratwia),  in  architecture,  sigiiifies  (by 
an  obvious  analogy  with  the  onliimry  meaning  of 
the  word)  any  long  fiat  suHaoe  of  wood,  stone,  or 
marble,  such  as  the  band  which  divides  the  archi- 
trave from  the  frieie  in  the  Doric  order,  and  the 
soifeees  into  which  the  architrave  itself  is  divided 
in  the  Ionic  and  Corinthian  orders.  (Bee  Epistt- 
LiUM,  and  the  cuts  under  Columna.)      [P.  S.] 

FA'SCINUM  {0aoK»ia)^  fiucination,  enchant- 
ment The  belief  that  some  persons  had  the 
power  of  injuring  others  by  their  looks,  was  as 
prevalent  among  the  Greeks  and  Romans  as  it  is 
among  the  superstitious  in  modem  times.  The 
6^$aX^s  fiiirmeofn^  or  eeil  ^gw,  ii  frequently  men- 
tioned by  ancient  writers.  (Aldphr.  Ep,  L  15  ; 
Heliod.  AeUdop,  iii  7 ;  compare  Plm.  H.  N.  vii  2.) 
Plutarch,  in  his  Symposium  (v.  7),  has  a  separate 
chapter  w«^  rmf  iteiraliamedmv  Xeyopebmr^  md 
0dmafw  ixw  i^BaXfUr,  The  evil  eye  was  sup- 
posed to  injure  children  particdarly,  but  some- 
times cattle  also ;  whence  Viigil  {EeL  iii  103) 

**  Nesdo  quis  teneros  ocolos  mihi  fasdnat  agnum.** 

Varioos  amulets  were  used  to  avert  the  influence 
of  the  evil  eye.  The  most  common  of  these  ap- 
pears to  have  been  the  phallus,  called  by  the 
Romans  fiudnum,  which  was  hui^  round  the 
necks  of  children  {tmrpieuia  m,  Vsrr.  De  Ling.  Lai. 
vii  97,  ed.  MUUer).  Pliny  (/f.  M  xix.  19.  i  1) 
also  says  that  Sa^griea  s^ho,  by  which  he  means 
the  phallus,  were  placed  in  gardens  and  on  hearths 
as  a  protection  against  the  fesdnations  of  the 
envious ;  and  we  learn  from  Pollux  (viii  118) 
that  smiths  were  accustomed  to  pbMO  the  same 
figoies  befine  their  forges  with  the  same  dedgn. 
Sometimes  other  objects  were  emnloyed  for  this 
purpose.  Peidstratus  is  said  to  have  hong  the. 
figure  of  a  kind  of  grasshopper  before  the  Acro- 
polis as  a  jneservative  against  fesdnation.  (HesycL 
«.  e.  Korax^ni.) 

Another  common  mode  of  averting  fiucination 
was  by  fitting  into  the  folds  of  one*s  own  dress. 
(Theocr.  vi  39  ;  Plin.  H.  N,  xxviii  7  ;  Ludan, 
Niteiff,  15.  vol.  iii.  p.  259,  ed.  Reitc.) 

According  to  Plmy  {H.  N.  xxviii  7),  Fasdnus 
was  the  name  of  a  god,  who  was  worshipped  among 
the  Roman  sacra  by  the  Vestal  virgins,  and  was 
pkMed  under  the  chariot  of  those  who  triumnhed 
as  a  protection  against  fescination  ;  by  whicn  he 
means  in  all  probability  that  the  phallus  was 
pbced  under  the  chariot  (Miiller,  ArekiioL  der 
Kunetj  §  436.  1,  2 ;  Bottiger,  JT&ia.  Sekr.  iii. 
p.  Ill  ;  Becker,  CkarOdst^  vol  ii  pp.  109,  291.) 

FASTL  Fa$  signifies  divine  law :  the  epithet 
fatiue  is  properly  applied  to  an3rthing  in  aooordance 
with  divine  law,  and  hence  those  days  upon  which 
legpil  business  might,  without  impiety  {$inepiacuio\ 
be  transacted  before  the  praetor,  were  technically 


£33  FASTI. 

d^mulnaled  fttdi  dief^  i.  e*  liiw/vl  dajft.  Voito 
titid  FettnB  AetiYeJuthti  directly  froni /an"  (Varr. 
de.  Ltitp*  ijoi*  VI,  2  ;  Fc4tUA,  i.  f.  Futsd\  wtiik 
0?id  (.FuJit  L  47)  omy  be  quoted  b  aapporl  of 
eitbcr  etymology, 

Thi?  saci^  bcHtkj  in  whidh  thp_/&j;fi  rfi«i  of  the 
yf^ar  were  marked^  wee o  themielvei  detipmlnated 
J'Jjrfi;  the  terra,  bowcvur,  wa«  tfiupkiyed  in  an  ci- 
Isndcd  tenie  to  do<iotfi  regist^irra  of  TrnriAiis  dcscrip- 
tipus,  and  ?najtj  mJatakc^  hnvp  ari^E^u  among  com- 
meolnlstA  from  cotiibundiiig  fiuti  uf  ditferent  kindii. 
It  will  W  uilHTuI,  thfircfore^  to  ctinjideT  sepamtelj 
ike  two  great  divisionji,  which  hare  be^n  distin- 
guisbed  lu  ^oji/i  S*jcri  or  Foi/i  AWftric/tfPef,  and 
Fojii  Anrval&M  or  Fiju^i  IlisloricL 

I,  Fasti  Sack t  or  Kalbndar  18,  For  nearly 
four  ceiiluiiea  and  a  half  after  the  fonndatioD  of 
the  ctty  a  knowledge  of  the  odendar  wna  poMcwed 
eidiulTely  by  the  pri(;its.  One  of  the  poiitificM 
rcguUfly  proclaimed  the  appeamnce  of  the  new 
moon,  and  at  the  aajne  time  announced  the  period 
which  wpuld  intervene  between  thL-  Kalends  and 
the  None*,  On  the  Nouea  the  conntiy  people 
L  for  the  purpose  of  U-amin|^  frotn  the  Ruje 
the  ^riooa  ft^stival*  U>  be  eelebiated 
during  the  month,  and  the  days  on  which  they 
wmdd  &ih  (Mucroh,  i.  15.)  In  like  rnntmer  all 
who  vifthed  to  jafo  to  law  were  obliged  to  iuriuiiie  of 
the  pri sieged  few  on  what  day  they  nitght  briuf 
their  luit,  Aud  receiTed  the  reply  at  if  fmm  the  lipa 
of  an  astrologer,  (Cit^  Pro  Alarmi,  IK)  The  whole 
of  tbia  lore^  »  long  a  Boiiree  of  power  and  proAt, 
and  therefore  jiBdlnualy  ejiveloped  in  niybtcry,  wm 
At  length  made  public  by  a  certain  Cu,  Flavjii$, 
peri  be  te  A  pp.  Claudiufl  Caeeua  (Liy^  ix,  46  ; 
Plui.  H.  N.  JcxxiiL  1  s  GelL  vi,  9 ;  Val.  Mai.  ii. 
B)^  who^  haring  gained  iieceis  to  the  pontiBcal 
bmiki,  copjed  out  fill  the  requisite  information,  Jind 
cJihiltjited  it  in  the  forum  for  the  nse  of  the  people 
at  large.  From  thii  tiiuG  forward  such  tablii  be- 
came  cottimoti,  mid  were  kimwti  by  the  name  of 
/Wi.  They  usually  contained  an  enumeration  of 
the  months  and  days  of  the  ycta  \  the  Nones,  Idei, 
NundHiOe,  Die*  Fiwtj,  Neftuti,  CamitialeAi  Atri, 
^  [CALEKUAUit^M],  t^^ether  with  the  differejit 
Ibftivmji,  were  niyirked  in  their  propei*  pln,cca :  as- 
tntnoDii^L  obe«n?tihoiii  on  the  riiinge  oiid  setting! 
ef  the  fixed  sinn,  and  the  commeoeement  of  the 
seasons  were  Irequenily^  inserted,  and  lometimea 
brief  fiotices  annexed  refjjiirding  the  intrnduetion 
and  fciguifidatioti  of  certaia  rite*,  the  dedication  of 
temple%  glorioub  irict^iriefi  and  terrible  disasters. 
Jn  later  times  it  beoime  conunon  to  pay  homage 
to  the  raembera  of  the  Imperial  family  by  noting 
down  their  exploits  and  honours  m.  the  calendar,  a 
gpe^ie^  of  6attcry  with  which  Antonius  is  charjged 
bv  Cicero  {Fhilipp.  li.  34.  See  also  Tacit  Ann. 
i.  15). 

It  will  be  seen  from  the  above  description  that 
these  foMti  closely  resembled  a  modem  almanac 
{^^Bttoffitm  Uitri  tippelliiniur  (oitMa  unni  d^tcriptio, 
Festus)  I  and  the  celebrated  work  of  Ovid  may  he 
eoiiflidered  aa  a  poetical  Vear^iook  or  CorRpamoa 
to  Mtf  AliHimae^  having  been  coinpoted  to  illustrsite 
the  Fasti  published  by  Juliui  Caesarf  who  m- 
tnodelled  the  Ri^mnn  year.  All  the  more  remark* 
able  epochs  are  examined  in  succession,  the  origin 
of  the  diflerent  fcstJTals  explained,  the  Tarious 
ceremonies  tiesc-'ribed,  the  legends  connected  with 
the  prim^^ipnl  con$t«:ll«itions  uarrated,  and  many 
curiona  discuBsieni  inter ^^oven  upon  ftuhjeetB  likeljr 


fim 


to  prore  inter«ating  to  hk 
being  seasoned  with  fn 
glories  of  the  Juliaii  line. 

Severn]  apecimen*  t^/ki 
on  stone  and  marble^  haTC 
fcrent  times  in  diift^rent  ph 
ef  er^  oldej  than  the  age  c 
remarkable,  tboiLgh  one  oi 
known  as  the  Koit^tdttrhn, 
Vrrriam,  Suetoniuj,  in  b 
dnguiahed  grammarians,  t 
Yerrius  Flaccas,  prccepu 
Augustus,  stood  Id  the  li 
of  his  nntire  lewn,  PrAi 
Htmkvdmm^  «i  which  he 
view  the  festi,  arranged  b 
o>n  marble  slants.  In  the 
of  A  circuJnr  building  wef^ 
mediaU  vicinity  of  the 
gether  with  several  fngt] 
which  were  soon  recognue 
ancient  calendar  |  and  u| 
no  doubt  was  entertaine 
these  were  the  very  fo»ti  < 
Suetaniai.  An  Iiaiian  an. 
contmued  the  excavations, 
the  scattered  mwielj  wi 
skill ;  and  in  this  manner 
March^  Aprils  and  Decei 
small  portion  ef  Februi^ 
were  recovered  t  and,  altb> 
mutilabedf  form  a  very  eu 
ment.  They  appear  to  hj 
formation  eancennug  the 
detail  of  the  huuouza  bf 
triumphs  achieved  by,  Jtii 
berius.  The  publieatio(a 
only  an  account  of  this  | 
also  the  complete  hail  of  ' 
EU  such  a  compUation  cAti 
ancient  calendart  now  ext 
merates  eleven,  the  nami 
from  the  places  where  til 
the  family  who  posacmsed  t 
came  known  to  the  literar 

1.  Vakmiarmm  Mt^ae 
twelve  months  complete. 

"2.  Col.  PramoMtimMii^  d 

3.  Oil.  Caprtmkiontmj 
complete, 

4.  Cat,  AmitemmMm^  i 
from  May  t^  December, 

5.  Cot  Aniiaimum^  fh 
mc^nths. 

6.  CqL  Eis^iUnumi  fng 

7.  CaL  FitrMmmusmj  ft 
and  March. 

0.  CaL  Pim&amtm^  fr»| 
and  September. 

9.  CaL    Fmummm^  Ml 

ApriL 

IL  Cal  AUi/^Hvm,  m 
August 

^ome  of  the  above,  wit 
date,  are  given  in  the  \ 
Gruter,  in  the  lltb  vd. 
AtUiqq*  of  Oracviua^  and  i 
lai  description  ;  but  the 
all  matters  connarted  w  itfa 
bodied  in  the  work 


FASTL 

sKsi  R'-umiaa  a  Verrio  Flaeoo  ordwUorum  Rdiquiae^ 
At.  Rixnae,  1 71^  ;  ud  in  Jac  Van  Faaaaen  Ant- 

i&  inp^r**,  ad  Fastot  Rom,  Saerot  fragm/mta,,  Traj. 
vi  Rhcn.  17S'5:  to  which  add  Ideler'«  Handbuch 
■i-r  MaikemrjtiKkM  fad  Teckmschen  Ckrouoloffie. 
ftnir,  lS-26, 

B.  fore  iquitting  thij  part  of  our  sabject,  we  may 
soke  mention  of  a  curioui  relic,  the  antiquity  of 
ttiuch  has  bees  called  in  question  without  good 
C2ij«,  the  Oalemiarutm  Rusticum  Famesianum, 
laii  Rural  Almanac  ia  cat  npon  four  sides  of  a 
ciic>e,  raeh  face  being  divided  into  three  coliunns, 
:i3.  i  each  column  including  a  montb.  At  the  top 
of  [^  olnmn  is  carved  the  appropriate  sign  of  the 
r  '<i\ac  ;  then  follows  the  name  of  the  month,  the 
r  LToer  of  the  days,  the  position  of  the  nones,  the 
Lyv^n  of  the  day  and  night,  the  name  of  the  sign 
lip  High  which  the  son  passes,  the  god  mider 
tf  I  jsc  protection  the  month  was  placed,  the  various 
a^rn.-ultural  operations  to  be  performed,  and  a  list 
oi  uie  principal  fiestivala.  Take  May  aa  an  ex- 
1:3  [4e :  — 

ifSNsia 

MAIVS 

DfS«.  XXXL 

KOX.  SEPTIBC 

DISS.  HOR.  xiriis. 

KOX-  HOR.  vilua, 

SOL.  TAVRO. 

TVTBLA.  APOLLIN. 

8KGST.  RVNCANT. 

OVK8.  TONDINT. 

LANA.  LAVATVR. 

IVVKN'CI  DOMANT. 

VICSA.  PABVL. 

8SCATVR. 

SBGKTS8 

LVSTRANTVR. 

SACRV'M.  MSRCVR. 

«T.  FLORAS. 

(?«  the  commentary  of  Morcelli  in  his  Opera 
EfMjT'ifiica^  voL  i.  77.) 

IL  Fasti  Annalks  or  Historicl  Chronicles 
rucii  as  the  Aanales  Maximi,  containing  the  names 
of  :he  chief  magistrates  for  each  year,  and  a  short 
account  of  the  most  remarkable  events  noted  down 
Cpcoeite  tr>  the  days  on  which  they  occurred, 
»?«.  from  the  resemblance  which  they  bore  in 
arrangement  to  the  sacred  calendars,  denominated 
/tsfj;  and  hence  this  word  ia  used,  especially 
^J  tbe  poets,  in  the  general  sense  of  historical 
r^*'^.  {HonLSaL  I  3.  112,  Carm.  ir.  13. 
i3,iiL  17.  7.) 

Id  prose  writers /a«f»  is  commonly  employed  as 
tie  technical  term  for  the  registers  of  consuls, 
dictaton,  censors,  and  other  magistrates,  which 
isnnedpart  of  the  public  archives.  (Liv.  ix.  18  ; 
tic  Pro  Seat.  1 4  ;  compare  Cic.  PhUipp.  xiii. 
1- ;  Tacit,  ^tia,  iii.  17,  18.)  Again,  when  Cicero 
itEutfki  in  the  famous  epistle  to  Lncceius  {Ad 
f'Jm.  ?.  12),  "  Etenim  ordo  ille  annalium  medio- 
G"'«<?r  nos  retinet  quasi  enumeratione  fastorum,^^ 
^.  means  that  the  regular  sucoession  of  events 
EfiVT.iy  detailed  in  chronicles  fixed  the  attention 
bui  firebly,  and  was  little  more  interesting  than  a 
ewe  catalogue  of  names.  (Compare  Ad  AtL  iy.  8.) 

A  most  important  specimen  oifatii  belonging  to 

iliii  class,  executed  probably  at  the  beginning  of 

.   tae  reign  of  Tiberiua,  has  been  partially  preserved. 

Id  the  year  1547,  several  fragments   of  marble 

ublpii  were  discovered  in  excavating  the  Roman 


FASTfOIlWL 


523 


forum,  and  were  fbuud  to  ctmuiin  a  liat  nf  cotisiili 
dictators  with  their  nuuteri  of  bnnfe,  censors  with 
the  lustra  which  they  closed,  iriumphs  and  nva- 
tions,  all  arranged  in  r^gu^  succvuiun  aircordiiig 
to  the  years  of  the  Catoniitti  ^m<  These  had  evi- 
dently extended  from  the  cjrpulsiun  of  the  kitigg 
to  the  death  of  Augustus,  and  although  defect Ivd 
in  many  placet,  have  prayed  of  the  grcalcit  vaJQe 
in  chronology.  The  different  pieces  were  collt^ted 
and  arranged  under  the  inspectiun  of  Cardinal 
Alexander  Famese,  and  df-posiied  in  the  CapitoU 
where  they  still  remain.  Fruni  this  circunutaiict} 
they  are  generally  didiiniGrtiijihed  m  the  /Vjjtfi 
Capitolinu  In  the  ji^ars  151?  and  ItllH,  two 
other  fragments  of  the  BHuiG  marble  tablets  were 
discovered  in  the  course  of  a  u<:w  excavation  in 
the  Forum.  A  fac-simile  of  them  waa  iiyblithed 
at  Milan,  by  Borghe«i,  in  181 K.  [VV.  H.J 

FAISTIGlUiM  {a*T6%  AfVhfrt  lilemlly,  a 
tiope^  in  architecture  a  }mdimejtt^  is  the  trungle 
which  surmounts  eacli  end  of  a  rectangular  build- 
ing, and  which,  in  fact,  i^preaents  the  gable  end  ni 
the  roof.  (See  woodcut,  p.  ST.)  It  is  coinposed 
of  three  seta  of  mouldings  (forming  re<pc>t:ttve(y  thq 
horizontal  base  and  the  sloping  sidci  of  the  triaiigle, 
and  representing  the  timber  framing  of  the  n;K>f )» 
and  of  a  flat  surface  enclosed  by  lb  em,  which  covers 
the  vacant  space  of  the  roof*  and  whleh,  fruni  its 
resemblance  to  a  mem b nine  ttrctclicd  upon  the 
triangular  frume,  is  cillpd  tympanum^  (Y'ltruv. 
iii.  3.)  This  flat  surfnco  wm  geneniUy  omanienLed 
with  sculpture  ;  originally,  in  ihe  <*:irly  lenjjjles  of 
Zeus,  with  a  simple  eagle  ns  a  symbol  o^  the  god 
(Pind.  Olymp.  xiii.  2J\  jind  Schol.  ad  ioc.\  nn  in- 
stance of  which  is  afford ed  Viy  the  coin  represi^ntcd 
in   the   following  woodiut   '(Ekger.  SptciL  Anttff, 


p.  6),  whence  the  Greek  nivine  ^frrfj  ^hkh.  wm  nt 
first  applied  to  the  tymjKiitum  nnd  nfirr wards  to 
the  whole  pediment ;  and  in  after  time*  with  nlnbo- 
rate  sculptures  in  high  rt?lipf,  Micb  m  those  in  the 
pediments  of  the  Parthenon,  the  fmgtiic^nu  of  which 
areamongthe  £lginroaTble-!i  m  ih^'BriUi^h  Musc^nm; 
where  also  may  be  seen  n  fullsizt'd  model  of  iho 
pediments  of  the  temple  af  Ziiua  PanhelieniiiB,  n% 
Aegina,  with  casts  of  the  statues  in  ihctn,  rt-atortd. 
Most  of  the  celebraU'd  Gn^ek  templee  were  aimi' 
larly  adorned.  (See  Pans.  i.  21.  %  5,  ii.  7.  §  3-, 
V.  10.  §  2,  ix.  11.  §  4  ;  Aristopb.  Aves^  1 H  0.) 
Terra-cotta  figures  were  applied  In  a  similar  manner 
by  the  Romans  in  thr  f'ajrlv  nfres-  (Cic,  Dmn. 
i.  10  ;  Vitruv.  iii.2j  PI  in.  J/.  N.  ixxv.  13.  8.43, 
46,  xxxvi  2.) 

The  dwelling-houses  of  tbc  Romans  had  no  gnblo 
ends  ;  consequently,  wlien  tb(^  word  is  ^ppliwi  to 
them  (Cic.  FpiH.  ad  Q.  Fr.  iii.  L  4  ;  Virg.  Aen. 
viii.  491),  it  is  not  in  its  6trii;tly  technical  *ensp, 
but  designates  the  roof  aitnply,  and  ia  to  bo  under- 
stood of  oue  which  riaes  to  an  apOf  as  diAting;ui«bud 


524  FAX. 

from  a  flat  OTift^  or  Hnnetimefl  it  mny  rcfpr  to  the 
fiedimf  nt  nf  a  portico  altBched  to  the  front  of  n  m:m- 
iioiLf  IM  when  the  RtiiiiiEuii  decreed  to  Cuesar  the 
liberty  of  erecting  a  futigiun)  to  hig  bauae  (Cic 
PkU.  iL  43  J  Flonii*  i**  2  ;  PluL  Owt  81  ;  cornp^ 
Aciw>T«niu3i),  that  is,  a  purtico  «id  peditnt^t 
towards  the  itreei  like  that  of  a  temple.      [  A.  E.] 

FAUCES.     [DoMV«,p.  42B,a,] 

FAX  {^MU'^ii),  a  tofdh*  The  dcwriptionp  of 
jxieta  and  mjthoiogtitA,  and  the  workA  of  ancieni 
art,  represpni'  the  torch  us  carried  by  Dtana,  C*?™*, 
Bi^LloTia,  Hymen  (woodcut,  p.  TM)^  Phosphorui, 
by  fenialea  in  Bacchanalian  proceaaionB  (p*  2B8)i 
and,  in  an  inverted  posiUon,  by  Sleep  and  Death. 
In  thf]  annexed  liroadcut,  the  female  liffure:  in  the 
middle  ii  copied  from  n  lictile  vooe.  The  winged 
jiffurv  on  the  left  hand,  a^Wp  and  leaning  on  a 
tor^h,  IJ  from  n  fuopml  mortument  at  Rome  x  the 
vord  *"  Somniw^^  ia  iii^cribed  betide  it.  The  other 
winged  figure,  abm  with  the  torch  iii verted,  i« 
token  from  an  antique  gi?m,  and  repreaenu  Cupid 
under  the  character  of  Au(r#p«j  (Serv.  in  Viref,  Aen. 
W,  520)  or  "  Lethaeui  Anior^"  (Ovid,  linn.  Amor, 
5bb).  In  ancient  marbles  the  torch  m  lonietimea 
more  oimimcntcd  than  in  the  examples  now  pni- 


ditced  ;  bnt  it  appears  to  be  formed  of  wooden 
itavfi  or  thi^^  either  bound  by  a  rope  drawn 
Tound  tliem  in  a  Jipiral  forrn,  as  m  the  above  middle 
fi||Ljre^  or  Burrounded  by  circular  bands  at  equal 
dintaneei^  ha  in  the  two  exti^riur  figured.  The  in- 
lide  of  the  torch  may  be  luppoped  to  have  been 
filled  with  flai,  tow,  or  other  vegetable  fibres,  the 
whoto  being  abundantly  impt^gimted  with  pHch, 
ri^^in,  wax,  oil,  and  other  infhutimable  Bubitances, 
Am  the  principal  use  of  torches  wai  to  give  light  to 
tboBe  who  went  abroad  after  suiiBct,  the  portiun  of 
the  lioman  day  immediately  iucet^eding  Bun-set 
wa*  called /ru  or  phnm  /oj-.  (GelL  iii.  2  ;  Ma- 
cmb.  Stit.  L  2.)  Torchej%  ae  now  deBcribed,  ap- 
pear to  have  been  more  common  among  the  Rom  ana 
than  the  Grceka,  The  uae  of  torch cb  after  Bun  «et, 
and  the  pmctice  of  celebrating  nmrriogc*  at  that 
titne,  probably  led  to  the  consideration  of  the  torch 
on  one  of  the  necessary  accompanimenta  and  sym- 
bala  of  mamape.  Among  the  Eomana  the  /ox 
nuptialis  (Cic  pro  Ciuf^t.  6),  havin);  been  lighted 
at  the  parental  hearth,  was  carried  before  the  bride 
by  a  boy  whn»c  parents  were  aJive,  (Plant-  Cat.  L 
30;  Oirid,  Epiift.xi  101  ;  Serviuj,  m  V<r^.  EcL 
viil  29  ;  Plin,  ff.  X.  ivi.  Ifl  ;  Fejitua,  i.k  /*o- 
trimi)  The  torch  wm  also  carried  at  funeral b  {Jhx 
tf^tMraia,  Ovid,  Ef^isL  il  120)^   bolh  became 


FENU8. 

these  were  often  nocturnal  ccRmoniea,  and  bea 
it  was  used  to  set  fire  to  the  pile.  Hence  tbe 
^ression  of  Propertios  (ir.  12.  46),  •'Viriinos 
signes  inter  ntremqne  frcem.^  The  tocth-b« 
tamed  away  his  face  finom  the  pile  m  stttiog  ii 
fire.     (Virg.  Aen.  ri  224.)  [J.  Y.] 

FEBRUUM.  [LuFMCALiA.] 
FECM'LES.  [FBTIALX&] 
FEMINAIjIA,  were  worn  in  wmterbr  Ac( 
tns  Caesar,  who  was  yery  snsceptible  of  a 
(Soeton.  Atiff,  82.)  Casanbon  snppoiet  them 
hare  been  bandages  or  fillets  [Fascu]  vo« 
about  the  thighs  ;  it  seems  more  probable  that  t^ 
were  breeches  resembling  onrs,  since  gannaiu  I 
the  thighs  {vtfHfi^iptd)  were  worn  by  the  Roo 
horsemen  (Arrian,  TiicL  pi.  14,  ed.  Blanc) ; « 
the  colomn  of  Trajan,  the  arch  of  Constantine, « 
other  monmnents  of  the  same  period,  present  n 
merons  examples  of  both  horse  and  foot  uidM 
who  wear  breeches,  doselj  fitted  to  the  body,  u 
nerer  reachmg  much  below  the  knees.  (See  vw 
cuts,  pp.  2,  117,  136.)  fJ.Y.J 

FENESTRA.  [DoMua,  p.  432.] 
FENUS  (rrfucof),  interest  of  money.  1.  Ouni 
At  Athens,  Solon,  among  other  reforms,  aMde, 
the  law  by  which  a  creditor  was  empowmd  i 
sell  or  enshiTe  a  debtor,  and  prohibited  tbe  Ifndiij 
of  money  upon  a  person^  own  body  (M  m 
(r^fuuri  firfitra  3ayffC«^»  Pl°^  ^  c  15).  N< 
other  restriction,  we  are  told,  was  mtrodaced  bj 
him,  and  the  rate  of  interest  was  left  to  the  iu' 
cretion  of  the  lender  (t^  hfj^ptw  ardaifUMf  tint 
i^*  6w6a'^  hf  fio^Ktrroi  6  SorcfC*^,  Lyi.  m  TVxm. 
p.  117).  The  only  case  in  which  the  rste  wai 
prescribed  bv  law,  was  in  the  ercnt  of  a  man  iej»- 
rating  from  his  kwful  wife,  and  not  refiindbf;  the 
dowry  he  had  receired  with  her.  Her  tnutws  or 
guardians  (ol  K^pun)  could  in  that  esse  procerd^ 
against  him  for  the  principal,  with  lawfiil  iotemt 
at  the  rate  of  18  per  cent     [Dos  (Grkbe).] 

Any  rate  might  be  expressed  or  repiwcnt«J  in 
two  different  ways :  (1.)  by  the  number  of  oboli 
or  drachmae  paid  by  the  mtmtk  for  erety  prw; 
(2)  by  the  part  of  the  prindpsl  (rh  iifx^" 
««^iUaioir)  paid  as  interest  either  annuallToriif 
the  whole  period  of  the  loan.    According  to  tke 
former  method,  which  was  gencmUy  ^/j^ 
money  was  lent  upon  real  security  {rUtnr^ 
or  f/Tf «oi),  difierent  rates  were  cxpwsied  ai  fol- 
lows:—10  per  cent  by  M  wirrt  ieeXtnt,  u  f. 
5  oboli  per  month  for  every  mins,  or  60  oboh  t 
year=  1 0  drachmae^i^  of  a  mins.    SimilariT, 
12  per  cent    by   M9paxfi^        per  month. 
16  per  cent     „     ^  itcrit  ifokM       „ 
18  per  cent     „     ^  ^i*^  i€okais^      « 
24  per  cent     „    M  9val  ipaxM^tf     „ 
36  per  cent    „     iw\  rpurl  tpiou^    « 
5  per  cent    „     #»l  rp/ry  ^/uo^oXif  .pwbablr. 

Another  method  was  gencnlly  sdopted  n 
cases  of  bottomry,  where  money  was  lent  upoo  th« 
ship's  caigo  or  freightage  {hA  rf  ro^)  ^  "" 
ship  itseU;  for  a  specified  time,  commonly  tW  oi 
the  voyage.  By  this  method  the  following  ate* 
were  thus  represented. 

10  per  cent  by  rrfjcoi  ^riSlicarw,  i  *  ffl<*"J " 
the  rate  of  a  tenth  ;  12^  16f  20,8S^bjr^ 
Ir^ySooi,  l^fcroi,  Irfvc/ivroi,  and  WTpw^  ^^ 
spectively.  So  that,  as  B^ickh  {PM,  Eefmfof 
Aiietu,  pp.  123, 124,  2nd  ed.)  rana**.  ^^  ^** 
hriB4KaTos  is  equal  to  the  M  rlrri  il^»' 


FENUS. 

•ie  T^ef  hiyiioos     =^the  /»t  ^paxMV        nearly. 
^     „     ^KT0s      =  ^    ^'  oKTfltf  oSoKois    „ 

^  ^  irirptros  s=  „  ^l  rpurl  fipaxfuur  ^ 
Tkese  nearly  corre§pondiiig  expressions  are  not 
tf!  be  eoDikieivd  as  identical,  however  closely  the 
rales  ladicated  by  them  may  approach  each  other 
}L  value  ;  although  in  the  age  of  Justinian,  as 
Sij-aiiiu  {de  M.  U.)  obsenres,  the  r6Kos  4-m6y6oos 
«■  12^  per  cent,  waa  confounded  with  the  cem- 
u-i;soe,  which  is  exactly  equal  to  the  interest  at  a 
fexhiaa  or  12  per  cent. 

Tfet-  ratfs,  above  explained,  frequently  occur  in 
Vrt  >rak>ri ;  the  lowest  in  ordinary  use  at  Athens 
i.-:2f  ihe  r6icos  iwiitKoros  or  10  per  cent^  the 
f  ^ll«:  the  rims  Mrptros  or  33^  per  cent.  The 
u:.cr,  soweTer,  was  chiefly  contiiied  to  cases  of 
i'-itixoTT,  and  denotes  more  than  it  appears  to  do, 
li  i^«  Qste  of  a  ship*a  voyage  was  generally  less 
iMD  a  year.  Its  near  equivalent,  the  M  rpitrl 
hsY^itals  or  36  per  cent.,  was  sometimes  exacted 
by  bankers  at  Athens.  (Lys.  Frag,  b.)  The 
tt:  S^x*^,  or  rate  of  12  per  cent.,  was  common 
is  tD«  time  of  Demosthenes  (c  Apk.  p.  8*20.  16), 
kt  app^rs  lo  have  been  thought  low.  The  interest 
&f  r:£!it  oboli  or  16  per  cent,  occurs  in  that  orator 
'  ..NVw.  p.  1250.  18)  ;  and  even  in  the  age  of 
L}»as  (b.  c  440)  and  Isaeus  (a.  c.  400),  nine 
o^Mii  for  the  mina,  or  18  per  cent,  appears  to  have 
ires  a  common  ntte.  (Isaeus,  de  Hagn.  Hered, 
?  2S3.)  Aeschines  also  (c  TimardL  p.  15)  speaks 
it ffione?  being  borrowed  on  the  same  terms  ;  so 
Dat  on  the  whole  we  may  conclude,  that  the  usual 
t^<  '>f  interest  at  Athens  about  the  time  of  De- 
irn^dxaies  varied  from  12  to  18  percent.  That 
:bfy  wen  nearly  the  same  in  range,  and  similarly 
Hpfv-ised,  throughout  the  rest  of  Greece,  ap- 
pear* from  the  authorities  quoted  by  Bockh.  No 
rccloiicwa  on  the  snoject  of  the  general  rate  of 
i&Urest  can  be  drawn  fxxjm  what  we  are  told  of 
ti^e  exorbitant  rates  exacted  by  common  usurers 
{ruftrfkw^i^  iocttllumesj  rffKfxiayfurrod).  Some 
M  tb{«  (Tbeophr.  CJtafxict,  6)  exacted  as  much  as 
» oMtu  and  a  half  per  day  for  each  drachma  ; 
»r)i  mcney-lenders  and  bankers  in  general,  from 
ttr  high  profits  which  they  realised,  and  the  se- 
vfflty  with  which  they  exacted  their  dues,  seem 
V'  have  been  as  impopular  amongst  their  fellow- 
citiiena  as  Jews  and  usurers  in  more  modern 
tiiDri  Demosthenes  (c.  Pant.  p.  981),  indeed, 
inti.'nates  that  the  £act  of  a  man  being  a  money- 
knoer  was  enough  to  prejudice  him,  even  in  a 
f^'irt  of  law,  amongst  the  Athenians.  (Mi<roG- 
fftroi'A6r}tfaioi  rovs  9aifflCoyras.)  It  is  curious 
^  to  obsene  that  Aristotle  {Pol.  i.  3.  §  23) 
c-^'jccta,  on  pinciple,  to  putting  money  out  at 
irtfTesi  {(vkaydrotra  fua-firou  fl  d€o\o(rrariicfi), 
as  king  a  perversion  of  it  from  its  proper  use,  as 
iia»di;im  of  exchange,  to  an  imnatural  purpose, 
^  the  reproduction  or  increase  of  itself  ;  whence, 
H**  adds,  comes  the  name  of  interest  or  r6Kos,  as 
^in«  the  offspring  {rh  yiyv6fityoy)  of  a  parent 
lie  Itself. 

The  airangement  of  a  loan  would  of  course  de- 
^^d  Tipon  the  relation  between  the  borrower  and 
ih*  lender,  and  the  confidence  placed  by  one  in  the 
other.  Sometimes  money  was  lent,  e.  g.  by  the 
WAk<'r  Pasion  at  Athens,  without  a  security,  or 
vniten  bond,  or  witnesses.  (Dem.  &  Timoth. 
P^  118.5.)  But  generally  either  a  simple  acknow- 
Wdpaait  ix^if^pcupoy)  was  given  by  the  bor- 


FENUS.  525 

rower  to  the  Irndt-r  [CHmcM3iiArHU»]  ;  «r  n 
regular  instrument  {trvjypAipi\  eiivciiled  hy  both 
parties  and  atteflt^^d  by  witnefis«Hi,  wu  dqxtiitod 
wih  a  third  party,  UiiiallT  a  banker.  (Dem.  c. 
Lacr.  p.  927,  c.  /%>rfji.  p."i*(m.  22.)  Wilfiessci, 
as  we  might  exf^nt,  were  also  pr«?iwnt  at  the  imv- 
ment  of  the  momy  borrows!,  ( I  d.  f .  Phurm.  p.  U\h, 
27.)  The  security  fur  a  Xvaw  was  either  a  vwi^tcT\ 
OT  an  dr^xvpor :  the  lauiT  was  put  into  ilie  pos- 
session ol  the  lendi.T,  the  fnrriier  wai  men-iv  ajsumi 
to  him,  and  generally,  ihoujjih  !iot  alw^iys,  coH' 
sisted  of  real  or  ioiinovabk  properly.  The  ivi- 
X^'PS  on  the  wntrapr*  generally  (wniijted  of 
movable  propenv,  such  ai  gtxMlj  or  ilavei, 
(Bockh,  Uid.  p/l2K.)  At  Atheits,  when  land 
was  given  as  security,  or  mortgaged  {ffirvlet  irw6~ 
X/>«ws),  pillars  (Rpoi  or  trr^^At)  were  K^t  apon 
it,  with  the  debt  and  the  mnrt^gee^i  name  in- 
scribed. Hence  an  iininqtimbeffd  estate  was 
called  an  turrucrop  x^^P^^*'-  (HarpocraL  *.  »,) 
In  the  rest  of  Grf^:^ce  thi-rw  were  public  books  of 
debt,  like  the  Ufmunn  and  Scotch  registiTs  of 
mortgages  ;  but  they  are  not  memioned  ai  having 
existed  at  Athens. 

Bottomry  (rb  traurixSw^  tSkoi  yavritcoi,  or 
fKboais)  was  consiJered  a  matter  of  lo  much  im- 
portance at  Athonfi.,  that  fmtid  or  breach  of  coi^tract 
in  transactions  conn(t;ted  with  it  was  fotnetitnes 
punished  with  death,  (Dem.  c.  Ph>rm*  p.  S22.  3.) 
In  these  cases  the  li:iaii9  were  ^enerBJiy  niadf'  tipon 
the  cargo  shipped,  sometimes  on  the  vt-aie]  iiflc-lf, 
and  sometimes  on  the  money  received  or  dtie  fkjr 
passengers  and  fri'i|,fhtas'e  \_^wi  ty  I'ni'Ay),  The 
principal  (^*fJJo<rcr,  qIov^I  f|a?  h^^it^  llarpoctnt.)  as 
well  as  the  inten-st,  could  only  Ih?  recovered  in  tase 
the  ship  met  with  no  disaster  in  hrr  voyage  (ffw- 
OticTisTT^s ye<i>5, Dim, <t.  j/Cenoih,  p^ HHS.  1  ^i) j  a cLanse 
to  this  effect  bei]]g  generally  iiisf-rted  in  all  agree- 
ments of  bottom n'  or  va.vTiKak  (fuyypaipal.  The 
additional  risk  incurred,  in  loiin^  of  this  description 
was  compensated  ior  by  a  hij^h  rate  of  interest, 
and  the  lenders  toak  every  precaution  against 
negligence  or  dereptinn  on  the  part  oj'  the  bor- 
rowers ;  the  latter  also  weru  careful  to  have  wit- 
nesses  present  "\^hcn  the  cargo  was  put  on  board, 
for  the  purpose  of  depchsing-,  if  neeesftary,  to  a 
bona  fide  shipping  of  the  ti-ijuired  attiriuiit  itf  goods^ 
(Dem.  c.  Phon/t.  p^  9\5.  l^i),  Thf  Wn  itielf 
was  either  a  Sdumfin  irfp^whow,  L  p^.  fnra  voyoge 
out,  or  it  was  a  Sd*>fiSfLa  iL^oTtpd-Trkaw^  t\  r,  tor 
a  voyage  out  and  hnnif^n  in  thit  fnirner  case  the 
principal  and  interest  wer^  paid  at  the  place  of 
destination,  either  to  the  creditor  himself,  if  he 
sailed  in  the  shfps  or  to  an  Einthorised  agent,  (  Dem. 
e.  Phorm.  p.  90[).  3J,  and  p.  S14.  2i\.)  In  the 
latter  case  the  payment  was  made  on  the  return  nf 
the  ship,  and  it  avsw  Bpecially  provided  in  the 
agreement  between  the  contracting  partiei,  ihnt 
she  should  sail  to  pome  apccirti  d  places  only.  A 
deviation  from  the  tenns  of  the  agreement,  in  this 
or  other  respects,  was,  accord  inn  to  a  clause  usually 
inserted  in  the  apr cement,  punishable  by  a  fine  of 
twice  the  amount  &f  the  rnotaey  lent  (Dem^  c^ 
Dionyi.  p.  1294.)  Mnreover,  it  the  goods  which 
formed  the  original  security  were  sold,  fresh 
articles  of  the  wnne  \'alue  werg  to  be  sliipp^'d  in 
their  place.  (Dein.  c.  Pharm..  p.  909.  2tj.)  S^jnit'- 
times  also  the  tnider  (S  l^iriipos)  wna  liiiniU'lf  the 
owner  of  the  vessel  (  h  ™umXtjpoj),  which  in  tbafc 
case  might  serve  a^  a  security  lor  the  nioucy  biir- 
rowed.     (Id.  c,  J>ioK^f.  p.  Vl'^A.  1 1-) 


&7$  PEN  US, 

Thfi  mt«  ivf  intereit  would  ^f  eourte  vatt  with 
tUeriika  and  doratba  of  the  Toyagf,  ftud  thi?refonB 
we  ciian«»t  expect  to  find  that  it  waa  at  all  lixed. 
Xenophon  (d«  Tccfw/.  ilL  7-^1 4)  apeaki  of  ihe  fifth 
imd  third  piiru  of  the  cnpital  lent  (m  being  coai' 
moaly  givcQ  in  bottomry,  Ftferring  of  couiw  to 
vnjmgei  out  and  home.  The  interest  of  an  eighth 
or  l^f  pef  ^nt.,  mentioned  by  DemoBth^efl  (e, 
PolydL  p,  1212),  wa*  for  money  lent  oti  n  triruinaj 
dnnng  &  fxtflinge  &um  $«ttr»s  to  Atheni,  but  upon 
conditiofl  tknt  ihe  nhoulJ  fint  go  to  Hienim  tor 
eonvo^  Teui^k  laden  with  corn  i  the  principal  ^d 
intereit  were  to  be  paid  at  Athene  on  her  nrrival 
thent. 

The  beit  lUiuimtifin  of  th«  fHct*  mentioned 
ftbote^  ift  fbttnd  In  &  »»atrTiKi^  crifyy^etij^^  ic^aven  in 
ib»  tpeech  of  Demoitbenca  agfldu^t  LadriiuL  It 
c^allteiIu  the  folio  wiiig  itatement  and  conditiani- 

Two  Allien ifini  lent  tvro  Pbatelitam  34K)0 
dmcHinae:  upm  a  carga  af  300(1  catki  of  Mendean 
winej  on  which  the  Intter  were  not  to  owe  linything 
qIaCi  or  mile  any  additional  Imn  (d^JT  iwtBmftlffar^ 
TBt),  They  wurig  lo  s&W  ^m  Atbeni  to  Meade  or 
ScionQf  where  the  wiiic  wom  Ut  he  shipped^  and 
ttieDOd  to  the  BoBporuj,  with  liberty,  if  tbcy  prt'- 
ferped  it,  to  continue  their  vo^^e  on  ihe  left  iide 
of  the  Black  Sea  oa  for  oi  the  Borjitheneft,  and 
then  to  rettim  to  Atheni  ;  the  rate  of  interest 
being  fited  itt  225  dmchmae  id  1000,  or  25  per 
cf-nt,  fur  the  whole  time  of  ab^^nce.  If,  howevfir, 
they  did  not  return  ta  Hierum,  a  port  in  Bithrnia 
close  to  the  Thmcinn  Boftporoa  (Wolf,  ad  Lept.  p. 
259),  before  the  early  rising  of  ArtHirui,  i,«.  be- 
fore the  20th  of  SeptenibtT  or  thereabouts,  when 
navigation  began  to  be  dtingt-rous,  they  had  to  pay 
a  higher  rate  of  30  per  cent,  on  acc«nnt  of  the  ad- 
dititfnaJ  tisk.  Th^e  agr^ment  further  specified 
that  there  should  be  no  ehango  of  vessel  fiir  the 
pelwn  cargo,  and  that  if  it  arrived  &afe  at  Athent, 
the  loon  was  to  be  repaid  within  twenty  days 
nfier words,  without  any  dcductiaoa  except  for  loss 
by  paymenti  ai&de  to  enemies,  and  for  jf*ttisons 
(ivrtkhs  vhkif  ixSoKrii.  k,  t.  K)  made  with  the 
conient  of  all  on  bnord  (ot  avuvKoi)  i  that  till  the 
money  was  repaid,^  the  geodi  pledged  {tA.  in-o- 
Ktl^tya)  should  be  under  the  control  of  the 
lender!,  and  be  sold  by  them,  if  pa^nnent  was  not 
made  within  the  appointed  time  ;  that  if  thu  sale 
of  the  goods  did  nut  realise  the  required  amomit, 
the  lender  might  miie  the  remainder  by  tnaking  a 
IflTy  (iTjnfjs)  upon  the  property  of  both  or  either 
of  the  traders,  jcut  a«  if  they  had  been  cast  jn  a 
iuit,  and  became  &rwp^fnpot^  it.  bad  not  complied 
with  a  judgment  given  ftgainst  theni  within  the 
time  appointed.  Another  elnust?  in  the  agreement 
provides  for  the  eautingency  of  their  not  entering 
the  Pontus  j  in  that  case  they  were  to  remain  in 
tho  HelleAponti,  at  the  end  of  July,  fer  itn  dayi 
a^er  the  early  risuig  of  the  dof-star  {iw\  kdvZ), 
difcktrge  their  cargo  (iiik*<r&m}  in  some  place 
whcns  the  Athenimis  Imd  no  ri^ht  of  reprisals 
(5irau  hif  fi^  irvA.&i  iffft  TOtr  *A.&rtvalQis\  (which 
might  be  executed  unfairly,  and  would  lead  to 
retdiationa,)  and  then^  on  their  retom  to  Athens, 
they  were  to  pay  the  lower  r^te  of  interest,  or  25 
jK'r  cent.  Lastly,  if  the  i^esjiel  were  lu  be  wrecked, 
the  cargo  wb«,  Lf  poatiblc",  to  be  saved  ;  and  the 
iigre«ment  was  to  Im*  coucliie.ive  on  all  points. 

From  Uie  preceding  investigation,  it  appears  that 
the  rate  of  intereit  amongst  the  ancient  Orecka  was 
liigb«T  tbaa  in  modem  Europe^  and  at  Rome  in  the 


FSlff 

igc  of  Ciccfv.  This  high 
hive  been  caused  by  any  sc 
nsnt  of  land  and  bouiett  ii: 
bourhood  was  not  at  ail  pn 
lsai?ui  (i£»  Ha^  H&wd.  | 
at  Thria«  vat  !ei  for  only 
and  some  houses  at  MeUte 
tioii  more.  We  should  the 
a  low  state  of  cisdit,  occsu 
cmuea,  such  as  the  diviiicui 
of  petty  states,  and  the  eon 
of  the  courts  of  lnw,  which  d 
at  all  favourable  to  mcmej-L 
rights  Biickh  auigna  aa  h 
want  of  inotal  principles^'** 
— no,2nded,) 

2.  RuMAN.  The  Latin 
ar/brnMi^  originally  medmt 
tht-nce  applied,  like  tbe  Gr« 
interest  or  increase  of  mi 
Varro  {aqmd  GtU.  xvi.  12 1^ 
a  fetuia  quadam  pectmiae 
ccntii^**  The  some  itiot 
Femu  was  also  ujed  for  the 
in  teres  t  (Tat  it.  -iw*.  ti.  1 
term  far  interest  was  utm 
the  plural,  and  also  tuipai 
{iU  Lim/.  L^.  V.  iBa,  Ml] 
(,pomicfe)  Usuftt  qUod  in  I 
dium  oppel latum." 

Towards  the  close  of  the 
of  moueT  became  due  on  th 
hence  m  phrases  tWsCAf  i 
taitmdarimmt  the  latter  mean 
of  accounts^  The  rate  of  in 
the  time  of  Cicero,  and  aftej 
ni  and  its  divisionj^  accc 
table  I  — 

Aises  tLBUtae:,  or  one  as  pe 

for  the  tui^  of  mas  htm< 
Bennees  tutuaa 
Dextantes      „ 
Dodnintes      „ 

Besses           «  .  , 

Septnnces      „  ,  ,  « 

Semisses        ^  .  «  « 

Quincuiic^  n  •  •  ' 

Irientefl        „  .  .  . 

Quadrants   i,  ,  i  . 

Sextant«a      f,  *  ^  • 

Undaa         „  ,  ,  . 

Iiulead  of  the  phraM  tu 
woe  used,  viie.  cent^MmJui 
this  rat4!  of  interest  there  v 
months  a  sum  eqmd  to  the  i 
himte  inentetimot  ^  21  pei 
cm/ttttrmui  ^  48  per  ceuL 
Hofoco  (5^.  I  %  14),  ^  Qui 
exseeat,*^  we  must  undcrvl 
or  €0  per  cent.,  as  the  sum 
NiehuliT  {Hi^.o/Iipm,  vol 
that  the  monthly  rate  of 
foreign  origin,  and  first  ad 
time  of  Sulla.  The  old  |»a 
the  Tweke  Tablet  (cia  4 
Jmui..  This  has  been  t 
mean,  (1)  one-twelflh  ol 
monthly^  i .  a  one  per  cenl 
otie-twelfth  of  the  pritieipi 
hundred  p^  ^eut  per  amiui 


4 


i 


FEKIIS. 

ll^Tli  Ibc  tv?  «pfj|S«ci  ;  Ibut  It  may  b» 

te)  ohnrt  llwt  unr  ii  iii«Q9iiift4*nt  mth 

w^m,  mA  ilie  atlu^  vilh  the  ««Hf  biitofy 

r  Ktnihrir    A  tblrti  and  aiitfactciTy  dpinicui 

:— rtu  osek  na  thi!  tvetftb  part  of 

^^id  ^Kvikfl  Ml  <12  n.)  copper  coumge 

Is  tie  al  Remp  when  the  Twdre  Tablet 

ihnr,  tbplfAie  minariiim  Jvduj  woald  be 

]  cK|rMi0]i  fcr  ifitemt  of  oim  oquo^  In 

1  ;  i  4  1  twell^  pn  of  tb«  tai]]  bor- 

r  9^  ^  cent,  DDt  per  hhbiIIli  bat  pa-  joai^ 

^  if  okalii^  Ajt  Ilka  old  RofMQ  year  of 

ihM  ctte  10  per  eeot.  &r  the  ctril 

rntatti^  wkieh  tu  in  connnon  1110 

i^^immvim.     Th«  a^alngj  af  the 

I  T4t»t,  lirlrpiTiir,  &e^  dotitiniti  tbii 

^  m  Hirbuhr  pixerveA,  u  not  invalidnted 

,  that  it  fn|i|it»^  a  yc&rly  mid  not 

r  pttfiKiit  of  inL^-Tcit  I  for  though  in  the 

of  fhe  frpiibiie   intercit    became  due 

:  ii  no  trace  of  tliii  having  been 

rtf,     (Rrm,   Rimuehe  PwimfrrtAt^ 

Ni}T  if  it   dii^otlt  to  aeeount  fbr   the 

it  prabaliiy  «a4  ti:mfi«jcted  with  llie  tnf>di- 

de  from  time   to  time  in  the  Komon 

f  mi  auditor  i  mch  u  the  abalition  of 

for  debt),  tbe   natural  eflect  of 

I  b^  td  Biike  ffeditort  mciri!  acrupulcmfl 

f  n«aef#  and  more  vigilant  m  eiactin^ 

lit. 

1  not  pay  tbe  princi[«l  and  iii- 

l  tb«  cod  of  tbe  Tear»  be  iiaed  to  iwrrow 

a  frnfa  creditor,  to  paj  «#  his  old 

Thit  piMveding   waa  teiy  fieijucnt,  and 

t  viiieh  Fesiiui  (a*  vu)  thai  expiaxDi;  ^  Veniii' 

xuniam  nonerPH,  ex  00  die- 

,  ^ftod  iohio  ^  mntQabaiitiir  ah  aliu,  tit 

■fdat  T«rt«pent  ofcditflrem*'^      It 

I  ta  litlli  abort  of  paying  compound  in- 

an  iJ.Jw|pgijBnta  cmstmrvaniai  Another 

'  vlikb  wu  mtmm*  rmofvatae ;  *.ff.  eist- 

■ea4iB#  ja  tvrelvo  per  eisi£«   com  pond 

,  ta  ttliicJi  CKem  (ad AM,  v,  2 ) )  oppoiei 

^^4!»ore«i!2  pef  cent,  smpttf 

the  fallowing  phmaei  are  of  common 

^  m  eoDoeetJoit  vtth  borrowing  und  lend- 

fwl  inlErMt :  —  P^swnam  a^id  oliqaem 

,  ta  iatA  money  at  incemt ;  mici^rA,  to 

I  ^ain ;  oxcre,  to  giYe  aecurity  for  it  ;  I 

■  fittfyhnieji  pigmori^  to  give  Aft  a  pledge  or 

f:  hence  the  ptm  in  Catidliu  (Cbr.  Sl»)i 

^  rillala  noaim  son  ad  Aui tri 
Fktot  oppoaiu  eat,  nee  ad  Fat  ant : 
y«niiii  lul  inillb  quindeciw  ct  dueentoa. 
^  bnmbilem  atq^ue  pcatilentem.** 

nek  It  alao  of  eztentire  tiic  in  money 
l*fnpefiy  it  denoled  the  name  of  a 
I  iu  a  baiikeir'la  or  miy  otbrr  ac- 
I  kenee  It  came  to  lignify  the  aitic1e« 
wmmaXf  m  deblor,  or  a  debiiiielf.  Thua  we 
t  Mm  toHieM,  a  good  debt  i  nomitta  fenvrv^ 
ItMniet  (Cid.  ad  Fam.  tii  23),  and  alao  to 
t  noney  (Id,  d*  t^fi  iil  14),  Moreover,  the 
B»  |4ieml1y  diKharged  debta  thmagh  the 
f  sf  a  bvil^  (imfiifu  <l  4»  umaoi  §tnptMfu) 
ia  b J  a  direct  penonal  payment  (ap  area 
tumrju) ;  &ti4i  Hi  an  order  or  undertaking  for  pay- 
^ffli  WW  ItTea  by  writing  dawn  the  stun  to  be 
Ml  vtLh  lie  leedvts'i  smmt  undemeatb  or  along- 


tide  it  (aeo  Dem,  e,  Oi^  |^  ISafi),  keiic«  tamo 
the  phrnpe*  crtAen  nifmmof  aAVtuV  tu  profniie  lo 
pay  (Plawt,  Amn.  ii*  4.  34) ;  rmrihen^  t«  |«j  l*ck, 

tif  M  debtm  (T#r.  /^Aorm.  t«  7.  29).  So  «lae  fJ«r> 
Kri^prtf  to  gite  a  bill  or  draft  (/aefwH^pftb)  on  a 
banker  for  payment,  in  oppoaition  to  paynent  by 
nady  money,  (Ck  ail  Ait,  Jtii,  51,  xti.  2.) 

The  Roman  law  of  debtor  and  creditor  it  fiven 
under  N m\ ir m.     It  i«  i ufficietft  to  xemadt  henff  tbal 
the  Liciiiiaui  law*  [Lsoi«  LicintAi],  by  whicb 
tike  grieranoea  of  debtun  wrre  io  a  cenaia  eiteni 
ivdr^acd^  did  not  lay  any  reitncti^n  on  the  rat«  of 
interst  that  m%ht  be  l^^aUy  detoflJidcd  ;  tmd  It  ia 
dear  from  varioiu  circumnpneaa  ihni  the  tcan^ity  ot 
ntcmey  at  Rome  tifler  the  lakii^  of  the  city  by  tbo 
Oanjj  had  either  M  tn  the  actual  abolition  of  the 
a\d   uncial  mte  imieutnitrt  /enui)  of   the  Twelve 
T^blea,  w  csuwn]  it  to  f&U  into  diiuse.    Nine  yearti, 
however,  lifter  the  poinirrg  nf  tbete  lawi  (Lit,  vii, 
Itf)    the  rate  of   the  Twelve  Tablet  waa  re-ea- 
titblished,  and  any  higher  rate  prohibiied  by  tho 
bill  (ro^atio)  of  the  tfibunea  Ihiiliua  and  Maeiiiu^ 
Still  this  limitation  of  the  rate  of  ititereat  did  mit 
enable  debtora  to  pay  the  prineipali  and  what  Tadtif 
(,iisii.  vr.  16)  cftlU  the /Mint  Molaat  became  St  laat 
■0  aeriona  that  the  gov ernmenl  tboof  It  it  DMreaMry 
to  interfere,  and  remedy,  if  poaiible,  an  aril  to  great 
and  invetemte,     Aficofdingly*  foorteen  y»TB  after 
the  pouing  of  the  ItidaBm  Iiiwa,  gre  commiaaionen 
were  appointed  for  this  purpoae  mider  the  tnle  of 
mi'njiarii  or  banken.     These  opened  their  banki  in 
the  fonim,  and  in  the  name  of  the  triOBnry  i»ffeiT*d 
ready  money  to  any  debtor  who  oould  giie  te^t^ty 
(pripflnei)  to  the  itate  for  it  t  moreoTer,  they  ordered 
that  land  and  cattle  ihould  be  reeoited  m  paysient 
of  debti   At  a  fit  LT  Yaluation,  a  regulation  whieb 
Caesar  adopted  fur  a  Bimihy  pnrpoie.     (Suet.  JuL 
€m»,  4*1)     By  these  meani  Liry  (rii.  21)  tella 
n«  that  a  great  amount  of  debt  waa  aAtiJilactorily 
Hqtiidated.     Five  yeara  afterwarda,  the  legal  rmta 
of  intereat  waa  ttill  ^rther  towered  to  the  aaimi- 
ciarium  Jmii$^  er  the  twenty *fo«ul3t  part   of  the 
whole  sum  {ad  temUFtcifis  tipdmia  wnm,  Tftc,  Ann. 
vi,  16)  ;  and  in  n.c.  ^16  we  read  of  •ereral  u<nrer< 
being  puniahcd  far  a  violntiiin  of  the  law  (Lir.  rii 
2W),  by  which  they  were  iulijected  to  a  penalty  of 
f(>ur  timei  the  amount  of  thL'  loatu  (Cato,  dm  R9 
Ru^.  init.)     Diit  all  these  enactmenta  weie  merely 
palliuti^ei  ;  the  tennination  and  euro  of  the  evit 
waa  iomethmg  more  decisive — neither  more  nor 
left!  than   a  tpeciea   of  natiuual  Imnkrupt^y  —a 
general  ftbnlition  of  debts  or  XP*^^  hroKorfj,    Thii 
BOppened  in  a  a  iHl,  a  year  remarkable  for  po- 
litical ^haii|(t^  of  gn^t  imptjrtAoce,  and  waa  fol- 
lowed np  by  the  fauiaing  of  the  Ut^Tiueian  Jaw** 
which  furbade  the  taking  of  usury  nl together.  (Liv. 
rii,  42.)     A  law  like  thii,  however,  wot  sure  to  bo 
evaded,  and  there  waa  a  very  sioiiple  way  of  doiug 
10  I  it  only  afFect^  Roman  citixenf,  and  tbcrpfore 
the  ufiuren  granted  loan  b,  not  in  thennine  of  them- 
lelves,  but  of  the  Latini  and  allies  who  were  not 
bound  by  it.    (Liv,  mv.  7.)   To  prevent  tbiieva* 
■ion  the  Seitipronian  law  waa  paftsed  (itc  104), 
whith   placed  the  Latins  and  nlliei  on  the  same 
fooling  in  respect  of  lending  money  aa  the   full 
Roman    citizens.     At  laiL,   after  many  futile  at- 
tempts to  prevent  the  exnt'tioo  of  intercit  at  any 
rate,  and  iu  any  shape,  the   idea  was  abandoni-'d 
altogether,  and  the   centeainia  or  1*2  per  cent,  per 
annum    betame   tbo   legal    and    recognbed   rato. 
,  Nkuir,  oa  w«  hate  aUcady  obteiTcd,  is  of  <*pi* 


£28 


FERIAE. 


niaa  tbat  it  was  flnt  odopk^d  at  Rome  in  tfie  time 
of  Salla  *  but  whethtr  it  became  the  ]eg^  rat?  bj 
»ny  tpecial  cDoctincnt,  or  from  gencml  content,  does 
not  appear.  Sr>iiie  writei^  hav^p  Inferred  (Hemecc 
ill.  13)  that  H  was  firat  Icfnili*^  by  tbe  edkti  of 
the  city  practon^  an  inference  drawn  from  the 
geneiai  rciscmblance  between  the  pni^tarian  and 
pruCTMulftC  edict*,  coupled  with  the  Tact  that  wme 
prot^ninlar  edicla  ate  ejctant,  by  ^hith  the  eente- 
iima  ia  fixed  tua  the  legal  mte  io  procf>iT6utar  pro- 
Tiiieea.  {In  ^ieta  trahtieia  emdadmng  mo  fiLscr- 
Vfjtturum  kaimi^  Cie,  ud  Ait.  v^  2L)  Whether  thij 
tuppaaitiun  ii  true  o;  not,  it  is  admitted  that  the 
centeiima  «r  12  per  cent,  wm  the  legal  rate  towards 
the  cltue  of  the  republic,  and  tUso  tutdef  the  em- 
pepora.  Justinian  rediic«?d  it  t«r 6 pcrix'tit.  (Heitiec^ 

lii.  in.) 

In  caaej  of  lenui  ^aaticuriif  however,  flrbottomiy, 
ai  the  riak  wai  the  money  lender"!,  he  might  de- 
mand any  intc^rest  ho  liked  while  the  veuel  on 
which  the  money  wns  toot  W{i4  at  ^m  \  but  after  she 
rcHched  harhour^  and  while  she  was  there,  no  more 
tluin  the  miual  rate  of  12  per  cenL  on  Uie  centciima 
uould  be  dematidfrtt 

Justinian  made  it  the  legal  mte  fur  fenus  nnuti- 
com  under  all  circumstances.  (Heinec  L^}  [RWJ 

FEEVHA.     [FuNns.] 

FE'RCULUM  (from  /et-o\  is  applied  to  any 
kilid  of  tray  or  platform  used  fur  carry  iiig  anythinj^. 
TliUJ  it  h  used  to  signify  this  tmy  of  fniiiie  on  which 
Bey^ial  dishes  were  brought  in  at  once  at  dinner 
(Petron.  35  ;  Plin.  H.  AC  iiTiiL  2>  ;  and  hence 
j^fmu/ci  caai«  to  SQeiui  the  number  of  coursea  at 
dinai^r^  and  atett  the  dishes  themsckefl.  {Sort. 
Am/,  74  [  Serr.  &d  Virff^  Aai^  i.  Q37 ;  Jut^  L  B3^ 
xl'U  i  Hot.  Sat,  iL  6.  1Q4  ;  Mart^iti.  50,  is.  &2, 
xl  31.) 

The  f&rculum  was  alio  UMd  for  carry m^  the 
imnges  of  the  godi  in  th«  procesaioii  of  the  circus 
(Suet  Jul,  76)  [CitLvvs,  p,  287,  a],  the  ash»  of 
the  dead  in  a  ftineral  (SueL  €W.  15}^  and  the  spoili 
in  a  triumph  (yueU  Jul,  37  ;  h\v,  i  10)  ;  in  all 
%-hich  cases  it  appears  ta  have  been  carried  on  the 
»houldfrs  or  in  the  hands  of  men.  The  most  iEIus- 
triaus  cnptiven  were  anmc'tiines  placed  on  a  fer- 
ciilum  in  a  triuoiph^  m  order  thuit  they  might  be 
better  seen .     ( Se  u  ec.  Here,  ikL  1 0  9- ) 

FEKKNTA'RII.     [ExaactTue,  p.502,b.] 

FERETUUM.     [FuNua.J 

FK'RIAE,  holiday t,  were,  gt^nerally  speaking, 
days,  «r  leasona  during  which  free-bem  RDmaiu 
lUspended  their  political  transactieiis  and  their 
law  suits,  and  during  which  sbrea  enjoyed  a  cessa^ 
tion  from  labour.  (Cic  de  Ltg.  iL  B>  12,  de  />i>. 
\*  45.)  All  ferine  were  thus  dies  ncfasti.  The 
feriae  included  aJl  days  consecrated  ta  any  deity  ; 
consequently  atl  days  en  which  publtc  festivals 
were  celebrated  were  fenae  or  dies  feriati.  But 
B*>ine  of  them,  such  aa  the  fcria  viiidcmiolis,  and 
ihe  feriae  acstivae,  acem  t^t  hnve  had  no  direct  con- 
nection with  the  worship  of  the  goda^  The  niui^ 
diime,  however,  during  the  time  of  the  khigi  and 
the  early  period  of  the  republic,  were  feriite  only 
for  this  pnpulus,  and  days  of  business  for  the  ple^ 
bcians,  until,  by  the  llortcnsi&n  law,  they  Ijecame 
fnaiiti  ar  days  of  hiisineu  for  both  orders^  (Macrob. 
8ai*  i  16;  compare  Niebuhr,  HiM.  of  Romf^  vol  ii. 
|k2]3^&c;i  Waller,  amchichte  d.  ItofH,  Ri^tt^ 
p.  100.) 

All  feriae  were  divided  bto  two  dasses,  firitu 
puUtcat  imd  JhHmpripaia£.    The  latter  were  only 


FIRIJ 
obserred  hj  cingle  Jlkmilies 
fneoiomtion  of  tome  partk 
been  of  importance  to  thaa 
^mdly  feriae,  are  mentbnc 

pose  that  all  the  great  Ron 
particular  feriae,  ai  they  h 
Among  the  famlly-holidayi 
the^mii«  djniira/ej,  I.  SL  the 
aftcf  having  lost  one  of  ii 
underwent  a  puriieation. 
L^.  iL  2'J  ;  ColamelL  iL  * 
ferine  on  their  birthdAyi,  tm' 
marked  any  memomhte  eTran 
the  time  of  the  empire  the 
soitietimt^wsiimed  the  chatl? 
and  wascekbmted  by  the  w 
and  sacrifices.  Thus  the 
called  August^ i«,  was  «eleb 
dour  CTen  tn  the  time  of 
hi  4Q),  The  d^j  on  vh 
turned  from  his  wan.  wat  U 
made  a  holiday  ot  (TadL 
note  of  Lipsius  ;  Dion  Cu 
natalicii  of  the  eitiesi  of  Ron: 
vcre  at  a  still  later  per»d  lil 
the  foriAe.  (Cod.  3.  tit  12 
All  /mrim  ptdJieM^  i.  e, 
Kfved  bj  the  whole  natic 

tiwii.  Feriae  staiivae  or  it 
were  held  regularly,  and  el 
in  the  calendar.  (Fest.  a.  « 
these  belonged  aome  wf  the 
the  Agonolla,  Carmentalia,  ' 
cnnceptiTae  orconc<^ptae  we( 
not  0(1  certain  or  fiied  day 
yenr  apfKunted  by  the  m«gu 
anruM  a  magitirv^ibmr  tw^  la 
Macroh,  L  o,  ;  Varro,  de  £ 
Fest,  s.  f.).  Among  thcs« 
feriae  Latinoe^  feriae  Semen 
Compitalia,  /Vttfff  impom 
were  held  on  certain  etnet^ 
of  the  conauk,  praetora,  orof 
of  Livy  record  many  feria 
wetB  chiefly  held  in  order 
which  somo  extraordimiry  p 
bode,  but  £iJ«o  after  great 
iii^  5,  viL  2B,  xxxv.  40,  jtl 
They  frequently  lasted  forse 
of  which  deprended  upon  tJ 
event  which  was  the  cau$< 
But  when  ever  a  lain  of  stone 
happened,  the  anger  of  the 
a  sacrum  fiov^mdioU^  or  ft 
This  noiaber  of  days  had  b 
when  thii  prodigy  had  firvt 
L  3L>  Respecting  the  legtt 
the  feriae  coneeptivae  and 
nounced  and  appointed,  see 
107,  &c 

The  manner  in  which  all  | 
bears  great  analogy  to  ^mt 
genctally  visited  the  temp 
offered  up  their  pmyen  and 
serious  and  solemn  teem  to 
imperatirae,  but  all  the  otJie 
tended  by  rejoicings  and  f 
buunesa,  eajiecially  bw-tmU 
iug  the  public  feriae,  ati^ 


rioe,  atJli 


FKRIAE. 

^te  tlie  nend  KOton  ;  the  rex  sacromm  and 
^  ^inea  were  not  even  allowed  to  behold  an/ 
%  <rk  being  dooe  daring  the  feriae  ;  hence,  when 
tk?  vent  out,  thej  were  preceded  bj  their  heralds 
ipmmae^  praeebuuiatorea,  or  co&zionw),  who  en- 
joifrrd  ihe  people  to  abstain  from  working,  that  the 
asxtf  of  the  day  might  not  be  polluted  bj  the 
pi<9ts  feeing penoos at  work.  (FesX.  s,  v,  Praeda; 
MxtdK  L  e. ;  compare  Seir.  ad  Viry,  Geory,  r. 
J'Ki ;  Pint  iVaMO,  c  14.)  Those  who  neglected 
diisadmoDition  were  not  only  liable  to  a  fine,  but 
3  caie  tkdr  disobedience  was  intentional,  their 
cbui  vas  eaosidered  to  be  beyond  the  power  of 
oar  atoBoiient ;  whereas  those  who  had  unconaci- 
•iSslT  cantmved  their  work,  might  atone  for  their 
tsugrasion  by  offering  a  pig.  It  seems  that 
iftbu  as  to  wlttt  kinds  of  work  might  be  done  at 
pi^k:  (erne  were  not  unfrequoit,  and  we  poaaeas 
i"ae  ccioas  and  interesting  deciaions  given  by 
R.^siaa  pootifEi  on  this  Mibject.  One  Umbro  de- 
fied it  to  be  no  Tiolation  of  the  feriae,  if  a  person 
did  sudi  wok  as  had  reference  to  the  gods,  or  was 
m  QKted  with  the  offering  of  aacrificea  ;  all  work, 
b:  siacoTer  declared,  was  allowed  which  waa  ne- 
ctsiiiT  to  n^y  the  urgent  wants  of  human  life. 
TJ!«  pontiff  ScaeTola,  when  asked  what  kind  of 
Tjrk  might  be  done  on  a  dies  feriatus,  answered 
thftt  say  work  might  be  done,  if  any  suffering  or 
is'^iy  ibcdd  be  ^  result  of  n^Iect  or  delay,  e,ff. 
i  S3  oz  should  &11  into  a  pit,  the  owner  might 
mpkr  voikraen  to  lift  it  out ;  or  if  a  bouae 
tirftateoed  to  £sU  down,  the  inhabitants  might  take 
€uh  measores  sa  would  prevent  its  £Edling,  without 
pdlsta^  the  feriae.  (Macrob.  L  e,  and  iiL  3  ; 
Vm?.  Georg.  1 270,  with  the  remarka  of  J.  H.Voas; 
CKa  ^  ib  RmsL  2  ;  Columella,  ii.  22  ;  compare 
MatL  xii  11 ;  Luke  xir.  5.)  Respecting  the  va- 
ti'inkbds  of  legal  affairs  which  might  be  brought 
b^ibtt  the  praetor  on  days  o  public  feriae,  aee 
D:«e«.2.titl2.a2. 

iiseems  to  hare  been  owing  to  the  immenae  in- 
crsi»of  the  Roman  republic  and  of  the  accumula- 
^of  bosiness  arising  therefrom,  that  aome  of  the 
faiae  sneh  as  the  Compitalia  and  Lupercalia,  in 
u»  coerae  of  time  ceased  to  be  obaerved,  until  they 
^«Te  restored  by  Augustus,  who  revived  many  of 
*U  ancicQt  religious  rites  and  ceremonies.  (Suet 
^ivf,  31.)  Marcos  Antoninua  again  increased  the 
BOTberof  days  of  business  {diet/asU)  to  230,  and 
^muuning  days  were  feriae.  (CapitoL  Af.  .^«tofi. 
/'ii?.clO.)  After  the  introduction  of  Christi- 
acir  la  the  Roman  empire,  the  old  feriae  were 
«|icli&bd,  and  the  Sabbath,  together  with  the 
Ciirktisfl  festtTals,  were  substitute  ;  but  the  man- 
^  ia  vhieh  they  were  kept  was  nearly  the  same 
23  that  in  which  the  feriae  had  been  obsenred. 
Uvnitg  veie accordingly  illegal  on  Sundaya  and 
Bji^dajs,  though  a  master  might  emancipate  his 
«^ve  if  he  Uked.  (Cod.  3.  tit  12.)  All  work 
^  all  poiitieBl  sa  well  as  judicial  proceedinga, 
»ffe  SQipended  ;  but  the  cotmtry  people  were  al- 
«o*ed  freely  and  nnreatrainedly  to  apply  them- 
jcItm  to  their  agrieultuxal  labours,  which  accm  at 
m  timet  to  have  been  diatinguiahed  from  and 
^^^x  raperior  to  all  other  kinds  of  work  ;  for,  as 
nentioned  below,  certain  feriae  were  instituted 
^iy  for  the  purpose  of  enabling  the  country 
j'^le  to  follow  their  rural  occupationa  without 
•Kmif  intenopied  by  Uw-suiU  and  other  public 
tansacliona, 
-^  this  general  view  of  the  Roman  feriae,  we 


FERIAE.  529 

shall  proceed  to  give  a  short  account  of  those  feau'- 
vals  and  holidays  which  were  designated  by  the 
name  of  feriae. 

Feriae  Latmae^  or  aimply  Latinae  (the  original 
name  waa  Latiar,  Macrob.  /.  e, ;  Cic  ad  Qaistt, 
FraL  il  4),  had,  according  to  the  Roman  legenda, 
been  inatituted  by  the  laat  Tarquin  in  commemo- 
ration  of  the  alliance  between  the  Romana  and 
Latina.  (Dionya.  HaL  iv.  p^  250.  Sylb.)  But 
Niebuhr  {Hist.  o/Rome,  ii,  p  34)  has  shown  that 
the  festival,  which  was  originally  a  panegyris  of 
the  Latins,  is  of  miuh  higher  antiquity  ;  for  we 
find  it  stated  that  the  towns  of  the  Priscans  and 
Latins  received  their  shares  of  the  sacrifice  on  the 
Alban  mount — which  was  the  place  of  its  celebration 
—  along  with  the  Albans  and  the  thirty  towns  of 
the  Alban  commonwealth.  All  that  the  hut 
Tarquin  did  was  to  convert  the  original  Latin 
festival  into  a  Roman  one,  and  to  make  it  the 
means  of  hallowing  and  cementing  the  alliance 
between  the  two  nations.  Before  the  union,  the 
chief  magistiate  of  the  Latins  had  presided  at  the 
festival ;  but  Tarquin  now  assumed  this  distinc- 
tion, which  subsequently,  after  the  destruction  of 
the  Latin  commonwealth,  remained  with  the  chief 
magistrates  of  Rome.  (Liv.  v.  17.)  The  object 
of  this  panegyris  on  the  Alban  mount  was  the 
worship  of  Jupiter  Latiaris,  and,  at  least  as  long 
as  the  Latin  republic  existed,  to  deliberate  and 
decide  on  matters  of  the  confederacy,  and  to  settle 
any  disputes  which  might  have  arisen  among  its 
members.  As  the  feriae  Latinae  belonged  to  the 
conceptivae,  the  time  of  their  celebration  greatly 
depended  on  the  state  of  affairs  at  Rome,  as  the 
consula  were  never  allowed  to  take  the  field  mitU 
they  had  held  the  Latinae.  (Liv.  xxL  63,  xxii.  1, 
XXV.  12.)  This  festival  was  a  great  engine  in  the 
hands  of  the  magistrates,  who  had  to  appoint  the 
time  of  its  celebration  (eonoipere^  edioere^  or  indioere 
Latinos);  as  it  might  often  suit  their  purpose 
either  to  hold  the  festival  at  a  particular  time  or 
to  delay  it.  in  order  to  prevent  or  delay  such  pub* 
lie  proceedings  aa  seemed  injurious  and  pernicious, 
and  to  promote  others  to  which  they  were  favour- 
ably disposed.  This  feature,  however,  the  feriae 
Latinae  had  in  common  with  all  other  feriae  con* 
ceptivae.  Wheneyer  any  of  the  forms  or  cere- 
monies customary  at  the  Latinae  had  been  neglected, 
the  consuls  had  the  right  to  propose  to  the  senate, 
or  the  college  of  pontiffs,  that  their  celebration 
should  be  repeated  (lastoamin,  Cic.  ad  Quint. 
Frat.  ii.  6  ;  Liv.  xxii.  1,  xlu  16).  Respecting 
the  duration  of  the  feriae  Latinae,  the  common 
opinion  formerly  waa,  that  at  first  they  only  lasted 
for  one  day,  to  which  subsequently  a  second,  a 
third,  and  a  fourth  were  added  (Dionys.  Hal.  vi 
p.  415.  Sylb.)  ;  but  it  is  clear  that  this  suppo- 
sition was  founded  on  a  confusion  of  the  feriae 
Latinae  with  the  Ludi  Maximi,  and  that  they 
histed  for  six  days;  one  for  each  decury  of  the 
Alban  and  Latin  towns.  (Niebuhr,  Hist.  o/Rome, 
ii  p.  35  ;  comp.  Liv.  vi.  42  ;  Plut  CamiU.  42.) 
The  festive  season  was  attended  by  a  sacred  truce, 
and  no  battle  was  allowed  to  be  fought  during  those 
days.  (Dionys,  Hal.  iv.  p.  250,  Sylb. ;  Macrob. 
/.  c)  In  early  times,  during  the  alliance  of  the 
Romans  and  Latins,  the  chief  magistrates  of  both 
nations  met  on  the  Alban  mount,  and  conducted 
the  solemnities,  at  which  the  Romans,  however, 
had  the  presidency.  But  afterwards  the  Romans 
alone  conducted  the  celebration,  and  offered  th« 


£80 


FESCENNINA. 


common  sacrifice  of  an  ox  to  Jupiter  Latiaris,  in 
the  name  and  on  behalf  of  all  who  took  part  in  it 
The  flesh  of  the  victim  was  distributed  among  the 
■evera]  towns  whose  common  sanctuary  stood  on 
the  Alban  mount  (Dionys.  Hal.  /.  e, ;  Varro,  de 
Ling.  Lot,  vi.  25  ;  Schol.  Bobiens.  m  Cic  OraL 
pro  PUme.  p.  255,  &c  Orelli.)  Besides  the  com- 
mon sacrifice  of  an  ox,  the  seyeral  towns  offered 
each  separately  lambs,  cheeses,  or  a  certain  qium- 
tity  of  milk  (Cic  de  Div,  L  H),  or  cakes.  Mul- 
titudes flocked  to  the  Alban  mount  on  the  occasion, 
and  the  season  was  one  of  great  rejoicings  and 
feasting.  Various  kinds  of  games  were  not  want- 
ing, among  which  may  be  mentioned  the  otdUoHo 
(swinging,  Fest  s.  v.  Oscillum).  It  was  a  sym- 
bolic game,  and  the  legend  respecting  its  origin 
shows  that  it  was  derived  from  the  Latins.  PImy 
iff.  N,  xxvii.  2)  mentions  that  during  the  Latin 
holidays  a  race  of  four-horse  chariots  {quadrigaa 
oefiant)  took  place  on  the  Capitol,  in  which  the 
victor  received  a  drought  of  absynthium. 

Although  the  Roman  consuls  were  always  pre- 
sent on  the  Alban  mount,  and  conducted  the 
solemn  sacrifice  of  an  ox,  yet  we  read  that  the 
superintendence  of  the  Latinae,  like  that  of  other 
festivals,  was  given  by  the  senate  to  the  Aediles, 
who,  therefore,  probably  conducted  the  minor  sa- 
crifices, the  various  games,  and  other  selemnities 
(Dionys.  Hal.  vi  p.  415.)  While  the  consuls  were 
engaged  on  the  Alban  mount,  their  place  at  Rome 
was  filled  by  the  praefectus  urbi.  [Prabpbctus 
Urbl] 

The  two  dajTS  following  the  celebration  of  the 
Latin  holidays  were  considered  as  dies  rtltgiotiy  so 
that  no  marriages  could  be  contracted.  (Cic  ad 
Quint  Frai.  ii.  4.)  From  Dion  Cassius  we  see 
that  in  his  times  the  Feriae  Latinae  were  still 
strictly  observed  by  the  Romans,  whereas  the 
Latin  towns  had,  at  the  time  of  Cicero,  almost  en- 
tirely given  up  taking  any  part  in  them.  The 
Romans  seemed  to  have  continued  to  keep  them 
down  to  the  fourth  century  of  our  era.  (Lactant 
JnstUul,  i.  21.) 

Feriae  SemenHvae^  or  Sementina  diet,  was  kept 
in  seed-time  for  the  purpose  of  praying  for  a  good 
crop  ;  it  Usted  only  for  one  day,  which  was  fixed 
by  the  pontiffs.  (Varro,  de  lAng.  Lot.  vi.  26, 
de  Re  Rust.  I  2,  init  ;  Ovid,  I\ui,  i.  658,  &c) 

Feria  vindemialie  lasted  from  the  22d  of  August 
to  the  15th  of  October,  and  was  instituted  for  the 
purpose  of  enabling  the  country-people  to  get  in 
the  fruiu  of  the  field  and  to  hold  the  vintage. 
(Codex,  3.  tit  12.) 

Feriae  auHvaa  were  holidays  kept  during  the 
liottest  season  of  summer,  when  many  of  the  weal- 
thier Romans  left  the  city  and  went  into  the 
country.  (Gellius,  ix.  15.  §  1.)  They  seem  to  have 
been  the  same  as  the  mestu  feria  (Cod.  3.  tit  12. 
8.  2,  6),  and  lasted  from  the  24th  of  June  till  the 
1st  of  August 

Feriae  praecidaneae  are  said  to  have  been  pre- 
paratory days,  or  such  as  preceded  the  ordinary 
feriae  ;  although  they  did  not  belong  to  the  feriae, 
and  often  even  were  dies  atri,  they  were  on  certain 
occasions  inaugurated  by  the  chief  pontiff,  and  thus 
made  feriae.     (Gellius,  iv.  6.)  [L.  S.] 

FESCENNI'NA,  sciL  carmina,  one  of  the 
earliest  kinds  of  Italian  poetry,  which  consisted  of 
rude  and  jocose  verses,  or  rather  dialogues  in  ex- 
tempore venes  (Liv.  viL2),  in  which  the  merry 
oonntry  folks  assailed  and  ridiculed  oxke  another. 


FETIALES. 

(Herat  EpitL  il  1.  145.)  This  smmement  wx 
originally  to  have  been  peculiar  to  coontn-  people 
but  it  was  also  introduced  into  the  towns  nf  Ici] 
and  at  Rome,  where  we  find  it  mentioned  si  or 
of  those  in  which  young  people  indulged  at  xh 
dings.  (Serv.  ad  Aen.  vii.  695  ;  Seneia,  Cos/rv 
21  ;  Plm.  H.  N.  xv.  22.)  The  fescennins  wf, 
one  of  the  popular  amusements  at  various  fatira] 
and  on  many  other  occasions,  but  espedtdlv  ah< 
the  harvest  was  over.  After  their  iatrndoctjc 
into  the  towns  they  seem  to  have  lost  much  i 
their  original  rustic  character,  and  to  have  be< 
modified  by  the  influence  of  Greek  refinemest  <> 
Virg.  Georg.  ii.  385,  &c  ;  TibulL  ii.  1.  55 :  Catd 
61.  27)  ;  they  remained,  howev^,  in  so  £ar  tl 
same,  as  they  were  at  all  times  icr^iar,  m 
mostly  extemp(MW  doggerel  verses.  Sometimc^ 
however,  versus  fescennini  were  also  wriiien  i 
satires  upon  persons.  (Macrob.  Saturn,  il  4.)  Tb 
these  railleries  had  no  malicious  cbanurter,  ari 
were  not  intended  to  hurt  or  injure,  rosy  be  b 
ferred  from  the  circumstance  that  one  person  o^ 
called  upon  another  to  answer  and  retort  in  a  ^bi 
lar  strain,  ^he  fescennina  are  generally  bdiovei 
to  have  been  introduced  among  the  Romaos  frci 
Etruria,  and  to  have  derived  their  name  from  Fe> 
cennia,  a  town  of  that  country.  But  in  the  £n 
place,  Fescennia  was  not  an  Etniscan  but  s  Faiii 
can  town  (Niebuhr,  Hist,  cfRome,  i.p.  136),uKi 
in  the  second,  this  kind  of  amusement  has  at  &! 
times  been,  and  is  still,  so  popular  in  Italy,  that  ii 
can  scarcely  be  considered  as  peculiar  to  sny  par- 
ticular place.  The  derivation  of  a  name  cf  tiij 
kind  from  that  of  some  particular  phu:e  m  fflr- 
merly  a  fiivourite  custom,  as  may  be  seen  in  lite 
derivation  of  caerimonia  frnm  Oere.  Festoi  (<.  r.) 
endeavours  to  solve  the  question  by  soppoung  ic-$- 
cennina  to  be  derived  from  fisscinum,  either  bMsase 
they  were  thought  to  be  a  protection  against  lor- 
cerers  and  witches,  or  because  fascmom  (f^io'^X 
the  R3rmbol  of  fertility,  had  in  early  timet,  or  in 
rural  districts,  been  connected  with  the  amutenu^u 
of  the  fescennina.  But  whatever  may  be  tboq;lit 
of  this  etymology,  it  is  of  importance  not  to  be 
misled  by  the  common  c^inion  that  the  fescenniia 
were  of  Etruscan  origin.  [L-  S.J 

FESTl  DIES.     [Diis.] 

FESTU'CA.    [MANOMissia] 

FETIA'LES,  a  coUege  (Liv.  xxxvl  3)  of  R-v  | 
man  priests  who  acted  as  the  guardiaoi  of  tk 
public  fiiith.  It  was  their  province,  when  wr 
dispute  arose  with  a  foreign  sUfce,  to  demand  satis- 
faction, to  determine  the  circnrottsnces  no<irT 
which  hostilities  might  be  commenced,  to  perfona 
the  various  religious  rites  attendant  on  the  soltom 
declaration  of  war,  and  to  preside  at  the  fbnr^ 
ratification  of  peace.  These  functions  are  bridif 
but  comprehensively  defined  by  Varro  ijk  l^ 
Lai.  V.  86,  ed  MUller),  **  Fetiales. . .  fidei  poWifae 
mter  populos  praeerant :  nam  per  ho»  fiehat  ni 
justnm  conciperetnr  helium  et  inde  desitom,  ot 
foedere  fides  pacis  constitueretnr.  Ex  hit  m^t- 
tebantnr,  antequam  conciperetnr,  qui  ret  repetmot, 
et  per  hos  etiam  nunc  fit  foedns,*'  to  whiA  « 
may  add  the  old  Uiw  quoted  by  Cicero  {H^  ^ 

ii.  9),  "  FOBDBRUK,  PJkCIS,  BILLI,  IKDOCURt'M 
ORATORBS  PETIALB8  JUDICB8QCB  8UNT0;  BElU 

DiscBPTANTa"  DionjTsius  (ii.  72)  and  LItt  <». 
32)  detail  at  considerable  length  the  cam«^yf* 
observed  by  the  Romans  in  the  earlier  sgei,  wl)« 
they  felt  themaelvet  aggrie?ed  by  a  neighbouhBS 


FErrAi*ES* 

b^^lpMli  thmt  when  »ii  injaf^ 
^  ma  h^n  (Vafriu,  ^  Nrnt,}  weft 
t  pdbfe^  vha  agmtD  eJeeled  ens  of 

I  «tjled  Uie  falifr  ptirvihtt  poptiii 

A  iUel  of  vbtt«  viid  ir»i  Imjuq^  romid 
i,  ftpthtr  viih  la^  witeath  of  incrcd  lierln 
laiwA  th*  iBidQaiiie  of  the  Qi|iibi^uie  lull 
nw)  [S^OMiiiA]^  whenc*  W  ww 

he  ppaocedeid  to  tba  confine>» 
IQiImi^  Hrhere  lie  baJtjed  snd  nd* 
r  to  Jii|ii1cr,  ullinf  ti^Q  |^d  to  vit- 
BpraaliMii^  ihM  hU  ^ntj  plaint! 
I  iUid  kit  denyuiiiA  ffvdonnble, 
b«  ^oKin;  «nd  th«  uimc  forrn 
1  a«ul^  the  MBae  w<MPti*  to  (H^  first 
^  r  lk»  t^il  w]l«iii  }a  mi^t  ehADce  tu  mMt  i 
llkfei  IIbm  fa  t^  ieniuael  ur  juij  citiicn 
DM«d  ■!  the  gBifl  »r  the  chief 
!■  teth  Inn*  to  the  mttgisimtei  in  the 
p  of  tN  peo^ple.     1  f  a  tatii&etofy 
iglBEDcd  witnb  thirty  diiji«  afLer 
f  tifikaiiQdenuiiciAiiDn, — in  tft'falcli 
I  mtatiiil,  letT««ma],  and  mferti^l  wtn 
t  wfaftt  might  be  expected  ia  fallow,  he 
IliftflM^  uiiit  nccotufAnied  br  the  refit 
^MmIv  a  report  of  hij  miuion  to  tbe 
,  Mil*  pople  (  Lit.  1. 45)^  ai  well  a«  the 
'  ^  1  fiir  miLT,  the  patrt-  pAtntoi  ai^iii 
f  horder  pf  th«  husttte  teiritoiry^  and 
,  with  ironi,,  or  cbarred  at 
ed  with  btood  (fmbleiiiAtje 
fifi  md  ikiighUr)  ficriwa  the  boyn- 
^  il  the   ttme  t§iii«   a   wlemn 
idwi    The  demand  for  redrcu  and 
I  ftf  hoftHltiei  wei«  alike  tfrmed 
I  wmd  the  RcMnasit  In  later  tiiUL-fi 
M  n^et^  (Plin,  H.  M  iiii.  3  ^ 
k)L  ix.  53) ;   hot   Gottling   (6'«- 
« $to^m«ff,  p.  196)  tind  other  mo- 
BBciel  It  with  the  Dori«  furni  of 

AifthtfefniilAe  employed  on  thete  occa* 
'      ,  lbjLhTCL24»32),wid 

iflilEa*  (xri  4),  forming  a  prtion  of  the 
V  %j  wbitfh  the  coUisge  was  re<rulat4*d* 
I  «f  the  felaileA  were  co^niidi'Fcd  ii.b«a» 
1  ia  eoiicJiidiiig  a  treaty  ^Liv.  ir-  A) ; 
I  thai  a(  the  lermifuition  of  tbe  Bccond 
I  were  ficnt  oTer  to  Afri(3i+  who 
their  own  Terbenae  and  tbeir 
I  fer  lodllfjig  the  rictim.     Ilcfe  aIao 

(Uf*  3EXX. 


FIBULA- 

ifrflh  MttBtnty,  by  I  tcinie  have  infrttrd  ftwm  a  pm* 
«4y«  (jiiot^d  frttm  VaiTo  by  N«niuj  (sii  43)  thai 
it  aniouuted  tO'  twenty  ;  of  whom  Kic^bulir  lup^ 
pci^c-4  ten  wetc  elected  from  tbe  ItaRinci  aiid 
ten  Irom  the  Titiefne*  ;  biit  G^Htliiig  {Uf^'Jiick^  d^ 
ii't/m.  ^ttHifsverfl  p,  1 95)  thjokt  it  Biorc  prubAbIa 
that  tbry  were  at  (in\  all  ebc>4en  fruni  the  Haouv^ 
at  the  Sabine»  were  originaUy  unanjiuiiiited  with 
the  «ae  of  fetiaJes.  Tbev  wct^  nnptmWj  aetected 
fnnn  the  moat  noble  buuiji^  ;  their  nfliee  hiatfid  fiir 
tile  (DieajiL  iL  7'2)  ;  and  tt  leemi  prbboble  that 
ifacaneiea  were  fi.lled  up  bv  the  culU"^  ((am^tf^^onr) 
until  lh»  paffiing  of  the  l^;i  Domitioi,  when  in  tma- 
mum  with  nioet  i:rther  pdevta  they  w«iild  be  noiei- 
nnted  in  the  coniitla  tributa,  Thli,  be>«?frr,  U 
noTibcJip  cipTMsly  Blalcd. 

The  etymology  of  feiialU  \m  uniM*rUiin»  Yatrd 
would  connect  it  without  and  fotdm i  Faa^i 
w\ih  /trio  or  /iido:  while  Brime  inodleni  Khobirt 
tnptHne  it  la  Ix*  allied  te  ^At^  and  tbui  ^^fiiAiii 
wo^dd  be  cmj/qrat^  tpmk^i.  In  inicHpttoni  we 
find  hoth fttiii/it  and/e^WiJ«*  bat  titice  m  Greek 
MSS.  the  wi>rd  alwaya  nppetn  undi^r  mme  tmn  of 
thc^  forms  ^i^TtdAfJt  ^ertdXijf,  ^trtdhfti^  tht 
orthography  we  hmn  idlofKed  in  thit  anide  k 
pinliahly  correet 

The  explmiation  giren  by  Liry  (i,  34)  of  the 
fungki  of  the  lenn  Pnter  jAi^tiwi  is  saiia&ctofy  :— 
**  pater  PatiatUi  ad  josjumndum  pfitnmdmiL,  id 
est,  (aneiendum  fit  foediui  ^  ^  and  wt'  inay  at  uiice 
reject  the  fpcculntioni  of  Scrviiu  i*td  Am.iz,  &7i^ 
%.  t4«  iii.  206)  and  Plutarch  1^  iT.  n,  127*  wL 
Reiike)  i  the  fo^^cr  of  whom  inppoaea  tsalba  wan. 
10  called  became  it  was  neeeaHuy  that  hii  fathef 
ftbould  be  alive,  the  latter  that  tbe  name  indicated 
that  hu  father  was  livings  an4  that  he  b$ti>Betf  wna 
the  fiiiher  of  children.  [\Y.K] 

iviTapvis  I  iw^T4i)^  {I  bi^U'b  ron»lBting  of  a  pin 
{aetii}^  atid  of  a  curved  poriion  fumlahed  with  a 
book  (sAds,  Hom.  Od.  Jtviij.  293).  The  curred 
portion  wju  inmettmet  a  cirtubir  ring  or  due,  tbe 
pin  fMVMiiig  aero«a  its  centre  (woodcut,  figi.  1,  H), 
and  fioiuetimes  an  arc^  the  pin  being  ai  the  chord 
of  the  arc  (fig.  3).  The  form*  of  brooch ci,  whith 
wcrtj  commo'nly  of  pold  or  bmnae^  and  more  rarvly 
of  silver  (AdiiwH  V.  If.u  16)»  were,  bowevcf,  M 
vnrio^aa  in  ancient  aa  in  modem  tiniea  ;  feir  the 
£biila  ftcrred  in  drc«  nU  infr^-ly  tut  a  fjiAt> ning, 
but  nlfo  aa  an  oniumenU  (Uom,  Od.  lix.  254i, 
237;  Kvmp,Pkvm,  «2U) 

1.   2,  3,  4,       0.  G.       7. 


i  of  the»Q  prieits  wns  nacribed  by 
la  with  other  matter*  con- 
rthgion,  to  Niitna  (Dionji,  ii,  71)  ; 
fb  LiTj  (u  32)  ipcAki  as  if  he  ftttri- 
^(tair  hiiowlufetieB  lo  AncuB  Martins,  yet  in 
*"  _  f  (i-  24)  he  i^ppoaec  them  to  hove 
i  ^  lie  i*kD  eT  lio»tiliiLa.  Tbe  whole 
t  n  mi  iamrt  been  borrowed  &om  the 
t  «r  the  Ard^Bfeei  (Lit*  m^d  Dionys^  Lc,% 
ts  imdAubledly  prevailed  among 
j  for  It  ia  dear  that  the  formula 
Lht  T'-"  1 1  f2X  mujt  have  been  ein- 
,  anitu9  of  ibeRomauB  vtm 
vviih  the  ptitcr  pa  truths  of 

t  tostbei  of  the  feioleA  cannot  be  aacertalned 


Women  wore  the  fibnk  both  with  the  Amict'tra 
and  the  mdvivt;  men  wore  it  with  the  oniiciua 
only.  Its  to  oil  frequent  tiB*  vrk  to  p5n  together 
two  pans  of  tbe  ncarf^  ihawl  of  cljsak  [Cula- 
UYS  J  Pes'LI;*!  ;  pALLittw],  whiuh  conAtit^Ued 
the  amictuft,  no  aa  to  fnateu  it  over  the  ripbt 
iboulder.     t%li^  ^^'''^^  ^-3  J  Theocrit.  xiv.  06  | 


^^ 


^33  HBULA. 

Ovid,  Met.  Tul  3ia  ;  Tacit  Cferm,  17).  [Wood- 
cut*, ppr  2,  117,  213.]  More  rarely  we  see  it 
over  the  breast  LVVoodcut,  p.  218.]  The  epi- 
thet kT€p6wapirBs  vm  applied  to  a  person  wear- 
ing tbc  fibuU  an  one  ahuulder  only  (SchoL  m 
Eurip,  lift*,  93:^,  934)  ;  fnf  women  often  wore  it 
on  butb  shoulders.  [  Woodcuts,  pp.  136,  243, 
^J57.]  In  coiiBe^iiencp  nf  the  habit  of  patting  on 
the  aniTctus  with  ihf^  aid  gf  a  fibula,  it  was  called 
wtpai^fiM  or  ifi-w^fiAtnfifiix  (Theocrit  Adon,  34.  79), 
wop^fia  (Eurip  El&^,  820),  or  iLfiw^x^^n  v«po- 
virrif  (Brunck,  AnaJ.  ii.  2B).  The  splendid  shawl 
of  Ulyut'i,  described  in  the  Odyssey  (xix.  225— 
231),  wa*  provided  with  two  small  pipes  for  ad- 
mitLing  the  pm  C'f  the  golden  brooch  ;  thb  contri- 
vance woald  secure  the  cloth  from  being  torn.  The 
liij^best  degree  of  orrmmeiit  was  bestowed  upon 
bfooche*  aftpr  the  fi»M  of  the  western  empire. 
Justin  IL  (CorippuB,  ii.  r22),  and  many  of  the 
emperors  who  pn^cedud  him,  as  we  perceive  from 
the  portraits  on  their  medals,  wore  upon  their 
right  flhouldert  fibulae,  from  which  jewels,  at- 
tached by  thrive  mmU  cliains,  depended.  (Beger, 
754***.  PuL  p.  407,  4<JK,  .S:c.) 

It  hsm  been  already  stated  that  women  often 
wnre  the  Ebula  on  both  shoulders.  In  addition  to 
thift,  a  lady  B^iiie times  displayed  an  elegant  row  of 
brooches  Anwn  vach.  ann  upon  the  sleeves  of  her 
tunk  (Aelian,  V''.  if,  I  lU),  examples  of  which  are 
§ei*n  b  iDiuty  micient  itntut'S.  It  was  also  fashion- 
able to  wrtur  thera  on  the  breast  (laid.  Oriff.  xix. 
h[))  i  and  anuther  occnflioru^l  distinction  of  female 
atticK?,  in  later  titocs,  wm  the  use  of  the  fibula  in 
tuckinj^  up  the  tunic  ubove  the  knee. 

Not  only  might  slight  accidents  to  the  person 
ftrise  from  wearing  broochca  (Hom.  IL  v.  426),  but 
they  were  notneiinics  usfd,  especially  by  females,  to 
inflict  ftenoiia  bjqH^e.  The  pin  of  the  fibula  is  the 
ItiAtninient,  which  the  Phrygian  women  employ  to 
deprive  Piilymnc^stor  of  his  sight  by  piercing  his 
pupiU  (EoHp* //^,  1170)^  and  with  which  the 
Athenian  women,  having  ftrst  blinded  a  man,  then 
dijpntch  him.  (Herod-  v,  B7  ;  Schol. in  Eurip.  Hec 
QZ\y  Oi^dipas  strikes  the  pupils  of  his  own  eye- 
balls with  a  hriKich  taken  from  the  dress  of  Jocasta 
(Soph.  Otd.  7>r.  V2iVJ  ;  Eurip.  Pkoen.  62).  For 
the  same!  re-ason  we  find  that  irtpovdat  meant  to 
pierce,  iiiice  irvpifjni  wiia  properly  the  pin  of  the 
brooch  (-rtpStnifft^  **  pijiucd  him,"  Hom.  IL  vii. 
U5  ;  xiiL  397). 

Bmochet  were  succeeded  by  buckles,  especially 
among  the  Kgman^,  who  called  them  by  the  same 
name.  The  priced in^  wtKidcut  shows  on  the  right 
hand  the  forms  of  four  bmnite  buckles  (4, 5, 6, 7)  from 
the  collection  in  the  liptiiih  Museum.  This  article 
of  {irest  was  chiefly  used  to  fasten  the  belt  [Bal- 
TKtraJ,  and  the  girdio  [Zona],  (Virg.  Aen.  xii. 
274  ;  Lydua,  Bt  Mag.  Hon,  ii.  13).  It  appears 
tn  have  been  in  gen^mJ  much  more  richly  orna- 
mented than  the  brooch  ;  for,  although  Hadrian 
was  simple  and  imexpeneiive  in  this  as  well  as  in 
other  matten  of  costumt;  (Spartian.  Hadr.  10), 
yet  many  of  bis  suocesafirs  were  exceedingly 
prone  to  display  buckles  set  with  jewels  {fimla/e 

The  terms  which  have  now  been  illustrated  as 
applied  to  articles  of  drrjs^,  were  also  used  to  denote 
pins  varioualy  introduced  in  carpentry ;  «.  g,  the 
lineh-ptninfa  chariot  {Parthen.6);  the  wooden  pins 
inserted  through  the  side$  of  a  boat,  to  which  the 
aiilofi  fiutezk  their  linos  or  ropes  (ApolL  Rhod.  L 


FICTILE. 

567)  ;  the  trenails  which  unite  tli» 
planks  of  a  wooden  bridge  (Caesar,  B,  G.  !▼.  1 
and  the  pins  fixed  into  the  top  of  a  wooden 
angle  used  as  a  mechanical  engine  (Vitrav.  x. 

The  practice  of  infibulating  singen,  alludet 
by  Juvenal  and  Martial,  is  described  in  Rho 
De  Acta  and  Pitiscos.  [J.  Y. 

FI'CTILE  (ircpd^t,  iccpc^uor,  &rrpa 
herpdKUH)v\  earthenware,  a  vessel  or  other  ar 
made  of  baked  clay. 

The  instruments  used  in  pottery  {ars  fi^i 
were  the  following : — 1.  The  whed  (rpox^^',  <» 
roia,  *'rota  figularis,**  Plant.  EpitL  iii.  2.  : 
which  is  mentioned  by  Homer  (IL  xviiL  600), 
is  among  the  most  ancient  of  all  human  inventi< 
According  to  the  representations  of  it  on  the  w 
of  Egyptian  tombs  (Wilkinson,  Maimen  and  ( 
iomt^  iii.  p.  163),  it  was  a  circular  tabl-.  placed 
a  cylindrical  pedestal,  and  turning  fre«ly  or 
point  The  workman,  having  placed  a  lump 
clay  upon  it,  whirled  it  swiftly  with  his  left  ha 
and  employed  his  right  in  moulding  the  clay 
the  requisite  shape.  Hence  a  dish  is  called  *- 1 
daughter  of  the  wheel "  (rpoxijAiiToj  xSpn,  Xen 
chus,  ap.  Athen.  iL  p.  64).  2.  Pieces  of  wood 
bone,  which  the  potter  (ictpafitOs^JUnUms)  held 
his  right  hand,  and  applied  occasionally  to  i 
surfiice  of  the  clay  during  its  revolution.  A  p^^iii 
stick,  touching  the  clay,  would  inscribe  a  an 
upon  it ;  and  circles  were  in  this  manner  disp'is 
parallel  to  one  another,  and  in  any  number,  i 
cording  to  the  fancy  of  the  artist.  By  hariji^'  i 
end  of  the  stick  curved  or  indent^,  and  by  turaii 
it  in  different  directions,  he  would  impress  niai 
beautiful  varieties  of  form  and  outline  upon  h 
vases.  3.  Moulds  (/ormae,  rvvot^  SchoL  im  Jru 
Ecdes.  1 ),  used  either  to  decorate  with  liinuvs  < 
relief  (wp^cmnra)  vessels  which  had  been  thro* 
on  the  wheel,  or  to  produce  foliage,  animal*.  < 
any  other  appearances,  on  Antkpixa,  on  cmti^ 
of  terra  cotta,  and  imitative  or  ornamental  potta 
of  all  other  kinds,  in  which  the  wheel  was  d< 
adapted  to  give  the  first  shape.  The  snnexf 
woodcut  shows  three  moulds,  which  were  foun 
near  Rome  by  M.  Seroux  d^Agincourt.  {RecfteU  ^ 
Fragmms^  p.  88 — 92.)  They  are  cut  in  ston^ 
One  of  them  was  probably  used  for  making:  actj 
fixa,  and  the  other  two  for  making  beans  a:^ 
legs,  designed  to  be  suspended  by  poor  perv^  i 
**  ex  veto,**  in  the  temples  and  sanctuaries.  [I>>i 
NARIA.]     Copies  of  the  same  subject,  which  miV^ 


in  this  manner  be  multiplied  to  any  extent,  ^ 
called  "  ectypa."    4.  Gravers  or  scalpels,  used  1 
skilful  modellers  in  giving  to  figures  of  all  kindf | 
more  perfect  finish  and  a  higher  relief  than  roc 
be  produced  by  the  use  of  moulds.     These  iiutrj 
meote.  exceedingly  simple  in  themselves,  and  i 


FICTILE. 

rm^  Ikdr  cflSdaicT  altogeUier  from  the  abilitf 
3od  tme  of  the  scdirtor,  wodd  not  only  contri- 
bcte  to  the  Bwre  exquisite  deoocation  of  earthen 
Tfvdi,  bat  voald  be  ahnost  the  onlj  toola  appli- 
cable ibr  nwloDg  "*  Dii  fictiles,**  or  gods  of  baked 
mth,  and  other  entire  fignrea.  (Propert  iL  S.  25, 
iv.  1.5;  Plin.Zr.^:xxrT.45,46;  Sen.Oims,ad 
J&  10  ;  irfdXfura  U  wifAoii,  irr^s  yijs^  Pana. 
f  *1  f  4,  L  3L  §  1,  TiL  2*2.  §  6.)  These  were 
azHDg  the  eariJett  efibrti  of  the  plastic  ait,  and 
(ma  in  times  of  the  gmtest  refinement  and 
laxnrj  they  eontmoed  to  be  legaided  with  rere- 
reaee. 

VcMcls  of  sD  kinds  were  very  frequently  ior- 
sslwd  with  at  least  one  handle  (ansa,  o^,  ^). 
Tbe  AxPBOBA  was  called  Diota,  because  it  had 
tvB.  The  name  of  the  potter  was  commonly 
gtajiped  upon  the  handle,  the  rim,  cr  some  other 
pn.  Of  this  we  have  an  example  in  the  amphora, 
sdapted  ibr  holding  grain  or  fruits,  oil  or  wine, 
vfatfh  ia  here  intiodoced  from  the  work  of  Seroux 
d*Afinooart.  The  fignie  on  the  right  hand  shows 
tU  aaiae  in  the  geniliTe  case  **  Matori,**  im- 
srased  on  an  oUong  sntfrwe  which  is  seen  on  the 
kmdie  of  the  amphma. 


FICTILE. 


53S 


Tbe  earth  used  for  making  potteiy  (Ktpdfwcti 
7i  Gaqtam.  ii.  49)  was  commonly  red,  and  often 
cl » IWely  a  colour  as  to  resemble  coral.  Vau- 
'itHin  fnnui,  by  analTsis,  that  a  piece  of  Etruscan 
«|nl»iiware  contained  the  following  ingredients: — 
^  i'ca,  53 ;  alumina,  15  ;  lime,  8  ;  oxide  of  iron, 
-4.  To  the  great  abundance  of  the  last  constitn- 
«t  the  deep  red  colour  is  to  be  attributed.  Other 
r^toy  is  brown  or  cream-coloured,  and  sometimes 
»Ju!e.  The  pipe-clay,  which  must  Imre  been  used 
^'T  white  ware,  ia  called  **  figlina  creta."  (Varro, 
A  ^W.  iii.  9.)  Some  of  the  ancient  earthenware 
B  throQghoat  its  substance  bhick,  an  effect  pro- 
bated hj  mixing  the  earth  with  comminuted  as- 
py torn  (^R^afes),  or  with  some  other  bituminous 
or  oleaginoos  substance.  It  appears  also  that  as- 
phaltam,  with  pitch  and  tar,  both  mineral  and 
^^Ue,  was  uwd  to  corer  the  snrfiue  like  a  var- 
■J«lj.  In  the  finer  kinds  of  earthenware  this  var- 
>ah  serred  as  a  black  paint,  and  to  its  application 
^J  of  the  most  beautiful  vases  owe  the  decom- 
ti«s  which  are  now  so  highly  admired.  (PMilH. 
<V.  xxrri.  34.)  But  the  coarser  vessels,  designed 
ix  coimnon  purposes,  were  also  smeared  with 
piteh,  sod  had  it  burnt  into  them,  because  by  this 
kind  of  oicanstic  they  became  more  impervious  to 
vman  and  lew  liable  to  decay.     (Hor.  Carm.  I 


20.  3;  Plin.  H.  M  xir.  25,  27.)  Hence  « 
**  doUnm  picatom  fictile  **  was  used,  as  well  as  a 
glass  jar  to  hold  pickles.  (Colnm.  As  Ruai.  xil  1 8, 
54.)  Also  the  year  of  the  vintage  was  inscribed 
by  the  use  of  pitch,  either  upon  the  amphorae 
themselves  or  upon  the  labels  (fdtadia,  tekedia)^ 
which  were  tied  nmnd  their  necks.  (Hor.  Carm, 
iiL  21.  1 — 5.)  Although  oily  or  bitominons  sub- 
stances were  most  commonly  employed  in  pottery 
to  produce  by  the  aid  of  fire  (cd  M  /MAay^icr, 
Hom.  £^,  xir.  3)  the  various  shades  of  black 
and  brown,  the  Tessels,  before  being  sent  for  the 
hut  time  to  the  fnmace  [ Fornax ],  were  some- 
times immersed  in  that  finely  prepared  mud,  now 
technically  called  **  slip,**  by  which  the  surfiice  is 
both  smoothed  and  glaied,  and  at  the  same  time 
receives  a  fresh  colour.  Ruddle,  or  red  ochre 
(ftiXros,  m&rioa),  was  principally  employed  for 
this  purpose.  (Suidas,  s.  e.  Km\tdBot  Mpofiifti.) 
To  predace  a  frvther  yariety  in  the  paintings  upon 
Tases  the  artists  employed  a  few  brightly  coloured 
earths  and  metallic  ores.    [Pictura,  No.  9.] 

As  we  might  expect  eonoeming  an  art  so  indis- 
pensable as  that  of  the  potter,  it  was  practised  to 
a  great  extent  in  every  ancient  nation  ;  even  the 
most  uncivilised  not  being  sirangen  to  it,  and 
sometimes  displaying  a  surprising  degree  of  dexte* 
rity.  The  remains  of  an  ancient  pottery  hare  been 
found  in  Britain,  and  some  of  Uie  potters*  names 
presenred  on  their  works,  are  probably  British. 
We  are  told  of  a  place  called  the  Potteries  (Z^- 
Imae)  in  GauL  Nnma  instituted  a  corporation  of 
potters  at  Rome.  (Plin.  H.  M  xxxr.  46.)  Men- 
tion has  already  been  made  of  Egypt,  and  there 
are  frequent  allusions  to  the  art  in  the  ancient 
writings  of  the  Jews.  We  also  read  of  its  pro- 
ductions in  Tralles,  Pergamus,  Cnidus,  Chios, 
Sicyon,  Corinth,  Cumae,  Adria,  Modena,  and 
Nola,  firmi  which  city  the  exports  of  earthenware 
were  considerable,  and  where  some  of  the  most  ex- 
quisite specimens  are  stilt  discovered.  But  three 
places  were  distinguished  above  all  others  for  the 
extent  and  exceUence  of  this  beautifid  mann&c- 
ture. 

1.  Samos,  to  which  the  Romans  resorted  for  the 
articles  of  earthenware  necessary  at  meals,  and 
intended  for  use  rather  than  display.  (Plaut 
BaccL  iL  2.  24,  Stick,  y.  4.  12  ;  Tibalk  ii.  3.  51  ; 
Cic  pro  Murm.  36  ;  Plin.  H.  N.  xxxr.  46  ; 
Tertull.  Apol.  25.) 

2.  Athens,  a  considerable  part  of  which  was 
called  Cerameicus,  because  it  was  inhabited  by 
potters.  '  In  this  quarter  of  the  city  were  temples 
dedicated  to  Athena,  as  presiding  over  every  kind 
of  handicraft,  and  to  the  two  fire-gods,  Hephaestoe 
and  Prometheus,  the  latter  of  whom  was  also  the 
mythical  inventor  of  the  art  of  modelling.  Various 
traditions  respecting  Coroebus  and  others  point  to 
the  eariy  effcats  of  the  Athenian  potters  (Plin.  H.  AT. 
vir.  57,  xxxr.  45  ;  Critias  <^.  Aiken,  i.  p.  28)  ; 
and  it  is  a  remarkable  circumstance  that  the  enemiea 
of  free  tradie,  and  especially  of  Athenian  influence  at 
Aegina  and  Argosy  imposed  restricti<ms  on  the  use 
of  these  productions.  (Herod,  t.  88.)  The  Athe- 
nian ware  was  of  the  finest  description  ;  the  master- 
pieces were  publicly  exhibited  at  the  Pana- 
THBNAKA,  and  were  given,  filled  with  oil,  to  the 
victors  at  the  games  ;  m  consequence  of  which,  we 
now  read  on  some  of  them,  in  the  British  Museum 
and  other  collections,  the  inscription  T&w  *AOli¥ri(hp 
iBhM¥  or  other  equivalent  expressions.  (Pmd..  Ntm^ 

M  M  3 


hU  FicrrLE. 

x^  3S  J  Scbul  flrviJ  Bockh,  ad  fiXf.  j  BOckh,  Corp. 
/m>c.  vti\.  u  p-  4&.)  Mary  other  tpecitiieu*  were  pre- 
w-niji  ^veji  10  nrlntionii  &ud  friendi  on  particular 
ficc»itoiii^  and  often  dist»nn[tiished  by  ihi  epitheU 
ffoAidf  aiid  ftaXii  {idd^d  to  their  namei.  A  circum- 
stance whicK  contributed  to  the  iucct^a  of  the  Athe- 
m&titt  m  thjji  maiiufnctun^f  wea  a  mine  of  fine  pot- 
tcrV  cluy  iji  the  Colian  Promontory,  near  Pbalerum. 
(SuidM^  L  c.  i  Axbm,  ^l  p.  482.)  The  articlei 
made  from  it  Wcilric  lo  ikjihionnblef  tbnt  Plutarch 
{£M  AtidiL)  dc»eribin£r  an  tct  of  extreme  folly, 
compiiriis  it  to  ihnt  of  the  man  who,  b riving  swal- 
lowed poison,  rEfuAe*  to  t^'dia  the  autiidoiR  unless  it 
be  odiniriLBtered  to  him  in  a.  cup  nmdc  of  Colian  clay. 
Some  of  the  **  Panathcnuic^  vases,  n*  they  were 
caUed^  are  two  feet  in  heif^bt,  which  accords  with 
what  is  laid  by  ancitfnt  aiahora  at  their  uncominon 
>i»Ch  (At ben.  tl  p.  405  %  BtSckh,  in  Pimt.  Prog.  No. 
SP^  A  diota  was  often  fttnm|>ed  upon  the  coins 
of  Athena,  in  nllusion  to  the  facts  which  have  now 
been  explflined^ 

3*  Etruria,  especially  the  ciiie*  of  Arelium  and 
Tnrr|ijiriii.  Whilst  the  Athenian  pt)tt(?n  excelled 
all  others  in  the  manufhcture  of  reeaels,  the  Tuscans, 
bcsid^a  exercising  this  bmnch  of  induetry  to  a  great 
extent  thongh  in  a  lei*  tAitfiful  and  ebfcborate 
mnnncr,  were  Tcry  remarkable  iuT  thi^tr  skill  in 
producing  all  kinds  of  statunry  in  bnked  clay. 
Even  the  most  cekbnited  of  the  Roman  temples 
were  adornen!,  both  within  and  without,  by  the 
aid  of  these  iiruductions.  The  most  distinguished 
among  them  was  an  entire  qundriga^  made  at  Veii, 
which  surmounted  the  pediment  of  tlie  temple  of 
Jupiter  Ciipi  toll  nun.  { Plin.  /A  N*  xsviii.  4,  xxxv. 
45,  ixxvi,  2  ;  K.O.  Mtillcr,  Etru^kcr,  iv.  S.  1,  2.) 
The  Etrurians  aUa  manife^Eed  their  partiality  to 
this  bnineh  af  art  by  recurring  to  it  fur  the  purpose 
i>f  inttsrinent ;  far  whilst  Pliny  inentit^iifr  {ff.  N, 
XJtxv.  4G},  thiit  mnny  persons  preferred  tQ  be  buried 
in  eartlien  jari>  and  in  other  parts  of  Italy  the 
bones  c»f  the  dead  have  been  found  pn^served  in 
aniphomi:<,  Etruria  alone  has  afTordt'd  eiumiples, 
some  of  them  now  deposited  in  the  Dritl^h  Museum, 
of  Lirge  swtrcopbagi  miide  wholly  of  term  eotta,  and 
ornamented  with  hgtirei  in  tfos-rtlief  and  with  re- 
cuinljent  stntnes  of  the  deceased. 

Among  many  (juijitirg  which  wc  ndmiro  in  the 
Greek  pi:itt^r)',  Ofit  the  least  wonderful  la  its  thin- 
ness (Atwrd)  and  consctpietit  lightness^  notwith- 
ttonding  thfi  g?i:at  size  of  the  vfssek  and  the  per- 
fect r^ulority  and  elegance  of  their  Tonus.  That  it 
was  an  object  of  ambition  to  excel  in  tiiis  respect 
we  l(9un  Cram  the  story  of  a  master  and  his  pupil, 
who  c<intended  which  cottld  throw  the  thinnest  clay, 
and  whose  two  amphorae,  the  result  ?f  the  trial, 
were  preserved  in  the  temph*  nt  Erythnie*  (Plin, 
If.  N,,  XXXV.  4G.)  The  welt-knawn  j^itissage  of 
ilesiod  (Kttl  ntpa^ti/s  Ktp&p.fi  Kottti,  ^c;  Op.  ei 
iJitfg,  25)  describes  the  emiilaticin,  which  incited 
pfNtters  to  excellence  as  well  as  architects  and 
poets. 

The  Greeks  and  Tlomans  contented  themselves 
with  ttfling  eartbenwnfo  on  all  occasions  until  the 
lime  of  Ale^andei-  the  Greats  the  Macedonian 
conquests  introduced  from  the  East  a  taste  for  vessels 
of  gold  and  silvftr,  in  which^  how^Tcr,  the  Spartans 
fefiued  to  indulge  themielvea,  Tb«  Persians,  on  the 
eaiitrary,  held  earthenware  in  so  low  estimation, 
that  they  condemned  persons  to  drink  out  of  fictile 
vessels  as  a  punishment.  (A then,  vL  p.  22^,  c,  xi. 
Pt  4^4^  a,  pi  483^  e,  d*)    But  alihoogh  the  Romans, 


FICTIO 

as  they  deviated  from  the  ancient  simplicitT,  ma  I 
a  great  display  of  the  more  splendid  kind  i 
yessels,  yet  they  continued  to  look  upon  poCterr  1 1 
only  with  respect  but  eren  with  reneratioo.  (Or 
Met  viiL  690;  Cic.  ad  AtL  tL  1  ;  Juv.  iiL  It 
X.  25.)  They  called  to  mind  the  magnanimitr 
the  Consul  Corius,  who  preferred  the  use  of  his  o^ 
earthenware  to  the  gold  of  the  Samnites  (Flonu, 
18)  ;  they  reckoned  tome  of  their  oonfecnti 
terra-cottai,  and  especiallj  the  above  mentioot 
quadriga,  among  the  safi^tiarda  of  their  impen 
city  (Senr.  ad  Virg.  Aen.  tIL  1 88)  ;  and,  bound  k 
old  associations  and  the  traditons  of  their  aj\\ei 
history,  they  considered  earthen  vessels  proper  6 
religious  ceremonies,  although  gold  and  silver  mi^^ 
be  admitted  in  their  private  entertainments  (Id 
tull.  L  e.)  ;  for  Pliny  saja  {H.  N.  xxxv.  46),  thi 
the  productions  of  this  clxiaa,  **  both  m  regard  fi 
their  skilful  fiibrication  and  their  high  anoqoiti] 
were  more  sacred,  and  certainly  move  innocent,  tbv 
gold." 

Another  term,  often  used  as  synonymooi  viili 
Jletils  was  Utia.  [Dolium  ;  Latxk  ;  Patxri  j 
Patina  ;  Tboula.]  [J.  Y.] 

FI'CTIO.     Fictions  in  Roman  law  are  hkt  fic- 
tions in  English  kw,  of  which  it  has  been  nid  that 
they  are  ^  those  things  that  have  no  real  everc? 
in  their  own  body,  but  are  so  acknowledged  ind 
accepted  in  law  for  some  especial  purpose.^    Tb^ 
fictions  of  the  Roman  law  apparently  had  their 
origin  in  the  edictal  power,  and  they  were  de»ivd 
for  the  purpose  of  providing  for  cases  where  dwre 
was  no  legislative  provision.     A  fiction  wppoacd 
something  to  be  which  was  not ;  but  the  thin^  sop- 
posed  to  be  was  such  a  thing  as,  being  admitted  to 
be  a  fact,  gave  to  some  person  a  right  or  imptned 
on  some  person  a  duty.     Various  instances  of  fi^ 
tions  are  mentioned  by  Gains.     One  iiwtana  is 
that  of  a  person  who  liad  obtamed  the  bonanm  | 
possessio  ex  edicto.     As  he  was  not  heres,  he  bd 
no  direct  action :  he  could  neither  claim  tJie  pro- 
perty of  the  defunct  as  hia  (legal)  property,  nor 
could  he  claim  a  debt  due  to  the  defunct  ai  his 
(legal)  debt.     He  therefore  brought  hia  nit  («• 
temlU)  as  herea  (fcto  $e  hende\  and  the  forank 
was  accordingly  adapted  to  the  fiction.    In  the 
Pubhciana  Actio,  the  fiction  was  thai  xhtj^oueanx 
had  obtained  by  usucapion  the  ownenhip  of  the 
thing  of  which  he  had  lost  the  posaeftioo.    A 
woman  by  coemptio,  and  a  male  by  beiiy  a^ 
gated,  ceased,  according  to  the  civil  Isw,  to  be 
debtors,  if  they  were  debtors  before;  for  by  the 
coemptio  and  adrogatio  they  had  sustained  a  ap'W 
diminutio,  and  there  cooid  be  no  direct  actum 
against  them.     But  as  this  capitis  diminutio  might 
be  made  available  for  fraudulent  puipoeea,  an  k^ 
utilis  was  still  allowed  against  such  persons,  the 
fiction  being  that  they  had  sustained  no  aptJ* 
diminutia     The   formula  did  not  (as  it  «fp«" 
from  Gains)  express  the  fiction  as  a  fact,  but  it  ran 
thus :  —  If  it  shall  appear  that  such  and  such  are 
the  fiicU  (the  &cts  in  issue),  and  that  the  jartr, 
plaintiflf  or  defendant,  would  have  Mch  and  such  a 
right,  or  be  liable  to  such  and  such  a  duty,  if  ««" 
and  such  other  fiwAs  (the  facts  suppowji)  were  true; 
et  rcliqna.    (Gains,  iv.  10.  32,  &c. ;  Ulp-  ^'^• 
xxviiL  12.) 

It  was  by  a  fiction  that  the  notion  of  Ifg"  <^' 
pacity  was  extended  to  artificial  penoofc  ^^^^5' 
oiUM  ;  Fiscus.]  Instances  of  fictiflo  occur  in  «<« 
chapter  intiUcd  Juristiade  Permmm  m  Savignji 


FIDfflCOUmSSCM. 
g^alm  A*  A«&it  A  ToL  ii,  and  in  Pochta^s  /»- 
tOttumm^  L  §80,  ii.  §  165.)  [O.  L.] 

FID£IGOMMISSUM  is  a  tettamentary  dia- 
poeitnii,  bjr  wliieli  a  penoo  wlio  girea  aomethiDg 
61  aoBtber  impom  on  liiiii  the  obligation  of  traaa- 
Soring  it  to  a  third  penoo.  The  obligation  waa 
set  cnatod  by  vordi  of  I^gal  binding  £woe  (ctpiUa 
va^\  but  by  wanb  of  reqnert  (jwwcaftv^),  snch 
» '^fidekoounitto,**  **peto,"  **  toIo  dari,"*  and  the 
)^;  which  wen  the  operatiTe  woida  (««r&a 
•tfua).  If  the  object  of  the  fideicommiaaum  waa 
the  hcfeditaa,  the  whole  or  a  part,  it  waa  called 
Meiooannianria  hereditai,  which  ia  ecfuiTalent  to 
A  BBiTcnal  fideicoinniioaiim  ;  if  it  waa  a  aingle 
ihiDg  or  a  aniB  of  money,  it  waa  called  fideieom- 
aianm  aiz^gnhw  rei  or  fideicommimnm  apeciale. 
The  eblieation  to  txaoafer  a  fideiconuniaaaria  here- 
ditaa  eoold  only  be  impoaed  on  the  herea ;  the  ob- 
r^^tioa  ef  tnuufening  a  aingle  thing  might  be 
imposed  on  a  legatee. 

By  the  kgiiiation  of  Jnatinian  a  fideieommia- 
BUB  of  the  hereditaa  waa  a  uniTersal  mcoesaion ; 
hot  befeie  hia  time  the  perM>n  entitled  to  it  waa 
soaetiQiea  **  heredia  loco,**  and  aometimea  ^  lega- 
tini  loeo.**  The  herea  atill  remained  herea  after 
be  bad  parted  with  the  hereditaa.  Though  the 
S<feieomBu«nm  reaembled  a  Tulgar  anbatitation,  it 
di£ered  froni  it  in  this: — in  the  caae  of  a  mlgar 
abctitotiaa,  the  iubatitated  perwm  only  became 
haa  when  the  fint  penooy  named  herea,  failed  to 
became  auch  ;  in  the  caae  of  the  fideicommiaaum, 
tke  aecfiod  hexea  had  only  a  claim  on  the  inherit- 
BDct  when  the  peiaon,  muned  herea,  had  actually 
becaoie  aaefa.  There  coold  be  no  fideicommiaaum 
•skia  there  waa  a  herea. 

Xlie  pctaon  who  created  the  fideicommiMum 
BBst  be  a  pcnon  who  waa  capable  of  making  a 
viU;  hot  be  migfat  create  a  fideicemmiaaam  orally 
vithaat  having  made  a  wilL  The  peiaon  who 
vaa  to  neeive  the  benefit  of  the  fideiooomuaanm 
vaa  the  fideieammiaaariua ;  and  a  pcnon  might  be 
a  fiddcooHniaBariva  who  oonld  take  a  legacy  (Ulp. 
frag.  zzT.  6)  ;  the  poaon  on  whom  the  obligation 
waa  had  waa  the  fidnciarioL  The  fideioommia- 
onaa  hbaaelf  might  be  boond  to  give  the  fideieora- 
QtMBBi  to  a  aeeond  fideioonuniaaariua.  Originally 
tbe  fideieomnuaaarina  waa  conaidered  aa  a  parchaaei 
(atpferif  ioeoi)  ;  and  when  the  herea  traiiaferred  to 
hiB  the  hereditaa,  mutual  corenanta  (eaMtUmet) 
vtre  entend  into  by  which  the  herea  waa  not  to 
be  aaavoable  for  any  thing  which  he  bad  been 
bonad  to  do  aa  herea,  nor  for  what  he  had  given 
boaa  iide,  and  if  an  action  waa  brought  againat 
lata  aa  herea,  he  waa  to  be  defended.  Chi  the 
other  hand  the  fideicommiaaarina  (qm  redfMbat 
^enditaiem)  waa  to  hsve  whatever  part  of  the 
benditaa  might  atiil  come  to  the  lumda  of  the 
^«Rii  and  ws  to  be  allowed  to  proeecnte  all  righta 
>f  aetioD  which  the  heiea  might  have.  But  it  waa 
oaeted  by  the  aeoatua-eonaiiltam  Tiebellianum,  in 
tbe  tinie  of  Nera,  that  when  the  herea  had  given 
op  the  hereditaa  to  the  fideioommiaeariua,  all  right 
0^  action  by  or  againat  the  herea  ahould  be  trana- 
femdto  the  fideicommiaaarina.  The  praetor  ac- 
mdiogiy  gave  ntilea  aetionea  to  and  againat  the 
bdebaDBBaaaiiaa.  From  thia  time  the  herea 
Otted  to  require  from  the  fideiconamiaaariua  the 
Mveoanta  which  he  had  formerly  token  aa  hia 
Kcaritj  againat  hia  general  liabilitiea  aa  herea. 

Ai  fideicommiaaa  were  aometimefl  loot  becanac 
^  herea  would  not  accept  the  inheritance^  it  waa 


FIDEIC0MMI3SUM. 


585 


enacted  by  the  aenatoa-conaoltum  Fegaaianttm,  in 
the  time  of  Veapoaian,  that  the  fiduciariua  might 
retain  one  fourth  of  the  hereditaa,  and  the  aame 
power  of  retainer  waa  allowed  him  in  the  caae  of 
aingle  thinga.  In  thia  caae  the  herea  waa  liable  to 
all  debta  and  chaigea  (oiwra  kendilaria)  ;  but 
the  aame  agreement  waa  made  between  him  and 
the  fideicommiaaariua  which  waa  made  between 
the  herea  and  the  legatna  partiariua,  that  ia,  the 
profit  or  loaa  of  the  inheritance  waa  ahared  be- 
tween them  according  to  their  aharea  (pro  rata 
parie}.  Accordingly,  if  the  herea  waa  required 
to  reaton  not  more  than  three-fourtha  of  the  here- 
ditaa, the  aenatua-^onaultum  Trebellianum  took 
efiect,  and  any  loaa  waa  borne  by  him  and  the 
fideicommiaaariua  in  proportion  to  their  aharea. 
If  the  herea  waa  required  to  reatore  more  than 
three-fMirtha  or  the  whole,  the  aenatna-o>naaItum 
PegaaianDm  applied.  If  the  herea  refuaed  to 
take  poaaeaaion  of  (adire)  the  hereditaa,  the 
fideicommiaaarina  could  compel  him,  by  applica- 
tion to  the  praetor,  to  take  poaaeaaion  of  it  and  to 
reatore  it  to  him ;  but  all  the  ooata  and  chaigca 
accompanying  the  hereditaa  were  borne  by  the 
fideicommiaaariua. 

Whether  the  herea  waa  aole  heir  (ear  oaaa),  and 
required  to  reatore  the  whole  or  a  part  of  the 
hereditaa,  or  whether  he  waa  not  aole  heir  («r 
parte)  and  waa  required  to  reatore  the  whole  of 
auch  part,  or  a  part  of  auch  part,  waa  immaterial : 
in  ail  caaea  the  3.  C.  P^gaaianum  gave  him  a 
fourth. 

By  the  legialation  of  Juatinian  the  aenataa-con- 
aulta  TrebelUanum  and  Pegaaianum  were  oonaoli- 
dated,  and  the  following  rulea  were  eatobliahed :  ^- 
The  herea  who  waa  charged  with  a  universal  fidei- 
commiaaum alwaya  retained  one-fourth  part  of  the 
hereditaa  (which  waa  called  aimply  Qoarta,  or 
Falcidia,  or  commodum  Legia  Falcidiae),  and  all 
chiima  on  behalf  of  or  againat  the  hereditaa  were 
ahared  between  the  fiduciaijna  and  fideicommiaaariua 
who  waa  conaidered  heredia  loco.  If  the  fiduciariua 
Buffered  himaelf  to  be  compelled  to  take  the  inherit- 
ance^ he  loat  hia  Quarta,  and  any  other  advantage 
that  he  migfat  have  from  the  hereditaa.  If  the  fidu- 
ciariua waa  in  poaaeaaion,  the  fideicommiaaarina  had 
a  peraonal  actio  ex  teatamento  againat  him  for  the 
hereditaa.  If  not  in  poaaeaaion,  he  mnat  at  leaat 
rerbally  aaaent  to  the  claim  of  the  fideicommiaaariua, 
who  had  then  the  hereditatiapetitio  fideiconuniaaaria 
againat  any  person  who  waa  in  poaaeaaion  of  the 
property. 

The  Quarta  ia  in  fiict  the  Falcidia,  applied  to 
the  caae  of  nnivenal  fideicommiaaa.  Accordingly, 
the  herea  only  waa  entitled  to  it,  and  not  a  fidei- 
commiaaariua, who  waa  himaelf  charged  with  a 
fideicommiaaum.  If  there  were  aeveral  heredea 
charged  with  fideicommiaaa,  each  waa  entitled 
to  a  quarta  of  hia  portion  of  the  hereditaa.  The 
herea  waa  entitled  to  retain  a  fourth  out  of  the . 
hereditaa,  not  including  therein  what  he  took  aa 
legatee. 

The  fiduciariua  waa  bound  to  reatore  the  here- 
ditaa at  the  time  named  by  the  teatator,  or,  if  no 
time  waa  named,  immediately  after  taking  poaaea- 
aion of  it.  He  waa  entitled  to  be  indemnified  for 
all  proper  ooata  and  chargea  which  he  had  suatained 
with  reapect  to  the  hereditaa  ;  but  he  waa  anawer- 
able  for  any  damage  or  loaa  which  it  had  anatained 
through  hia  culpa. 

Res  aingulae,  aa  already  obacrved,  might  also 

11  AI    4 


mn 


l-IBETCOMMTSSUM. 


he  tlie  objecU  of  n,  Bileicommi^sum,  A3  a  pnrttculiir 
piecft  of  land,  a  iLive^  a  jEcamieni|  ptectr  of  silver, 
or  ii  flum  of  money  i  and  the  duty  tif  ((ivinK  it  Ut 
the  fidel(.*umTiibKLriu5i  ritight  be  imposed  cither  (in 
the  hprt'f  or  oti  a  legatee*  In  tbia  way  a  (lave? 
al40  miifht  TCt'cive  hin  libeflyi,  aiid  the  reqneflt  to 
m^ntiinit  might  be  addressed  cither  to  the  hcres  or 
the  kgntfLriiii,  The  ttiaxe  when  matiumitted  was 
the  Ijbertui  of  the  pcfson  who  iniuiutn Sited  him. 
There  were  nurny  diftei*encea  betwe€?ii  fideicoin- 
tDiis$4  of  single  thingt  and  legaciea^  A  person 
about  to  die  iiitcstsite  mij(ht  charge  hh  hv^rc^  ■whh 
a  fideicomniiaaan^  whercju  a  legacy  eould  only  be 
given  hy  a  tealMuent,  ar  by  n  codicil  which  waj^ 
confirmed  by  a  prfqici"  dpcbraiion  of  ibr  testator  in 
a  wiU  i  but  n  ^deicoiamig^uni  eaiild  be  given  by 
a  sitnple  codicil  not  mt  ronfiniifd.  A  heri.'i  iJiBti- 
tuted  by  a  will  might  be  rtrqncBted  by  ft  codicil, 
mot  so  confirmed  as  db^Tp,  to  tratiafer  the  whok* 
ItereditBs,  or  a  part,  to  a  third  person.  A  woman 
who  wai  prevented  by  the  provbiont  of  the 
Vocoiiia  lex  from  taking  a  certain  hereditas,  might 
take  it  RA  n  fideicdtniuiftFrnm,  The  Li  tin  i,  alsu, 
who  wero  prohibited  by  the  Lex  Junia  fmm 
taking  hcrcditatt'S  and  Jepneici  by  dircet  gift 
{direditjure}  could  take  by  Jideimmroisan,  It  wm 
not  hgai  to  nSuine  a  persDn  as  herci,  and  also  to 
llnmc  nnother  who  aft-er  the  death  of  the  hercfij 
■hould  becoms  hercs  ;  but  it  was  Inwfitl  to  reqttcit 
the  herei  un  his  death  to  trnnsfef  tbe  whole  or  a 
part  of  the  heri>ditas  to  another-  !n  thtJi  way  a 
testator  indirectly  encrcised  a  tciitanientary  power 
OT^r  his  property  for  ft  lonj^r  period  than  tlie  law 
allowed  hi  in  to  do  directly,  A  m<in  sued  for  a 
k'gflcy  per  formuluni  j  but  he  sued  for  a  fideici^>m- 
miuum  before  the  consul  or  praetor  for  fideicotn- 
niiosa  at  Rt^me,  and  in  the  provinces  bufore  the 
praesea*  A  fi-deieotiitniEsum  Wiis  valid,  if  given  in 
the  Greek  langunge,  but  ^  lejfi^cy  was  not^  until  a 
lute  period.  JuH-tinlan  finally  n^similatcd  legacies 
and  singular  fideicommisBa*  [Lkoatum  j  Jnit.2. 
tiL  30*  §  3  !  Cpd.  6.  tit.  43.  e.  2.] 

It  appeam  tliat  there  were  no  legal  meani  of  en- 
forcing the  due  discharge  of  the  tnist  called  fidci- 
coTnini»aunj  till  iho  timo  of  AugUitna,  who  gnvp 
thti  coubuld  juri&dictiou  it)  AdcicQitimtssa,  In  tlip 
time  of  Claudius  pmetores  fideJeomnii>i.Bani  wcrv 
nppointed:  in  the  pmvmcca  the pracsldea  took  cog- 
ui^tance  uf  fideicomniEssa-  The  cenaidsEttiElrctamed 
their  jurisdiction,  but  only  exercised  it  in  impor- 
t»Jit  canefl.  (QuintiL  Ivnt,  iii*  6.)  The  proceed  i  up: 
■wad  always  extrn  LirdlTictn.  (GEiius^  ii.  *2'2B  ;  Ulp. 
J*yiu;^  tit*  2^i.  B,  12.)  Fideicomniia&a  ^et-m  to  have 
been  jntrodiiced  in  order  to  evnde  the  civil  law, 
snd  to  give  the  herediios,  or  a  Icgiuij,  to  a  person 
who  was  either  incapacitated  from  inking  directly, 
OF  who  could  not  take  as  much  as  the  donc^f  wiahed 
to  givo.  Gaiufl,  when  observing  that  pcregrini  could 
take  hdeicomiuiiii^a,  observes  tiiat  '^thia"  (the  ob- 
ject of  evading  the  taw)  ^  was  probably  the  origin 
of  ^d^iieoitiniisMi  f "  but  by  ii  scnntus-consultum  made 
in  the  time  of  JIadrian,  such  fideicommiasa  were 
claiiaed  by  the  fiseua-  They  are  »iippO[<ied  to  be 
the  c«mmendatioriei  mortuomm  mentioned  by 
CiecTO  (cie  Fm*  m.  20  >.  There  is  the  castj  of 
Q,  Pompcius  RufLUs  (Vat.  JIax.  iv,  S.  7),  who, 
being  in  exi!E»|  was  lejjaily  incapacitated  fVom 
taking  any  thing  under  the  ivEH  of  a  Human  citi' 
3!en,  bat  could  claim  it  from  bis  mother,  who  was 
tha  h<:res  fiducbritis.  Tbe}^  were  alao  adopted  in 
the  eofi^  of  gifts  to  women,  in  order  to  eviule  the 


TIDUCIA- 

Lex  Voconia  [Lsx  Voconia]  ;  and  in  the  om 
of  proscribed  persons,  incertae  penonae,  Latini, 
peregrini,  caelibes,  orbi.  But  the  lenatm-ctm- 
Bultnm  Pegasianum  destroyed  the  capacity  of 
caelibes  and  orbi  to  take  fideicommitsa,  and  gate 
them  to  those  persons  mentioned  in  the  will  who 
had  children,  and  in  default  of  such  to  the  popo- 
lus,  as  in  the  case  of  bereditates  and  legau. 
[Bona  Caduca.]  Municipia  could  not  t;ike  as 
heredes  [Collegium]  ;  bat  by  the  scnatus-con- 
sultum  Apronianum,  which  was  probably  paa!<e<i 
in  the  time  of  Hadrian,  they  could  take  a  Mvl- 
commissa  hereditas.  (Ulpw  Fraff.  tiL  22.  kS; 
Plin.  Ep,  y.  7.)  [H«rbs  (Roman).]  (Gaias, 
ii.  247—289  ;  Ulp.  Fra^.  tit  25 :  Inst  2.  tiL  23. 
24  ;  Dig.  36.  tit  I  ;  Cod.  6.  tit  49 ;  Mackeidrr. 
Lehrbudu,  &c,  12th  ed.  §  726,  &c  ;  Vangen^w. 
Ldtfaden  fur  Pandekten  Vorletmigm,  voLii.  p. 
661.)  [G.L] 

FIDEJUSSOR.     [Intkrcbssio.I 

FIDEPROMISSOR.     [Interckssic] 

FIDES.     [Ltra.] 

FIDI'CULA  is  said  to  have  been  an  instni- 
ment  of  torture,  consisting  of  a  number  of  strin^rs. 
According  to  some  modem  writers,  it  was  tfee 
same  as  the  equiUeus,  or  at  all  events  fwined  foit 
of  it  [EauuLBUS.]  The  term,  however,  apjwan 
to  be  applied  to  any  strings,  whether  forming  part 
of  the  equuleus  or  not,  by  which  the  limbs  or  ex- 
tremities of  individuals  were  tied  tightly.  (SaetoQ. 
Tib.  62,  Ckd.  33  ;  Cod.  Theod.  9.  tit  35.  «.  1 ; 
Sigonius,  De  Jud,  iii.  17.) 

FIDU'CIA.    If  a  man  transferred  his  propenv 
to  another,  on  condition  that  it  should  be  n^tored 
to  him,  this  contract  was  called  Fidacia,  and  th« 
person  to  whom  the  property  was  so  transferred  was 
said^tioam  accipert,    (Cic  Top.  c  10.)    A  izuia 
might  transfer  his  property  to  another  for  the  sake 
of  greater  security  in  time  of  danger,  or  for  oili« 
sufficient  reason.    (Gains,  ii.  60.)    The  contract  of 
fiducia  or  pactum  Rduciae  also  existed  fa  the  csst 
of  pignus  ;  and  in  the  case  of  mancipation.  [Eman- 
ciPATio.]    The  hereditas  itself  might  be  an  object 
of  fiducia.  [F1DEICOMMI8SUM.]     Thetni5taw3j 
bound  to  discharge  his  trust  by  restoring  the  thing: 
if  he  did  not,  he  was  liable  to  an  actio  fiducbc  or 
fiduciaria,  which  was  an  actio  bonae  fideL    (Ck. 
de  Of.  iii.  15,  ad  Fam.  vii.  12  ;   ut  inter  bonos 
bene   agier  oportet)     If    the  trustee  was  con- 
demned in  the  action,  the  consequence  vns  m- 
hima.     Cicero  enumerates  the  judicium  fiduciae 
with  that  tutelae  and  societatis  as  **  judicia  sum- 
mac   existimationia    et   paene  capitis"  (Cic pro 
Ros.  Com.  c  6),  where  he  is  evidently  alluding  to 
the  consequence  of  infamia.      (Compare  Sarignj, 
System,  &c  vol.  ii.  p.  176.) 

When  the  object  for  which  a  thmg  was  tnua- 
ferred  to  another  was  attained,  a  remancipatio  of 
those  things  which  required  to  be  transfeired  by 


mancipatio  or  m  jure  oessio  was  necessary ; 


and 


with  this  view  a  pcirticular  contract  (padunJidM- 
ciae)  was  inserted  in  the  formuk  of  mancipstia  )/ 
no  remancipatio  took  place,  but  only  a  simple  re- 
stitutio, usucapio  was  necessaiy  to  restore  the  Quin* 
tarian  ownership,  and  this  was  called  usarwepiw 
The  contract  of  fiducia  might  be  accompanied  wito 
a  condition,  by  virtue  of  which  the  fiducia  might 
cease  in  a  given  case,  and  thus  the  fiducia  was  »> 
nected  with  the  Commissoria  Lex,  as  we  see  m 
Paulus  (Sent.  Reoept.  il  tit  13),  snd  in  Cic.  f^ 
Flaocoy  c  21,  **  fiducia  commissa,"  which  may  bs 


FIMBRIAE. 

fxpkinfd  lyicfevnce  to  Commissum.  (Oaios,  ii. 
go.  m.  201 ;  Rosshirt,  GnmdlimeH^  &c  §  99  ; 
R  im  I>u  Unu  Pfivatttekt:  Heinecc.  SjfiUagma. 
ed  Ffstbold.)  [G.  L.] 

FIDUCIA'RIA  ACTIO.  [Actio.] 

FTGU'NA  ARS.     [Fktilb.] 

FIGLINAE.    [Fjctilk.] 

FI1}L'LUSu    fFiCTiLi.] 

FIUUSFAMILIAS.    [Pamilia.] 

FI MBRIAE  {mpmnrol ;  lomice,  »6aapoiy  Greg, 
C?nfith.X  tbnnns  ;  tassels ;  a  fringe. 

Wboi  the  wearer  bad  finished  any  ganoent  oo 
tSe  looQ  [Tela],  the  thrums,  t.  e.  the  extremities 
ot'  iIk  threads  of  the  waip,  hong  in  a  row  at  the 
locom.  In  this  state  they  were  frequently  left, 
baig  ean^deied  omamentaL  Often  also,  to  pre- 
T-.^t  tJiem  from  laTelling,  and  to  give  a  still  more 
arJdcial  and  arnammtal  appearance,  they  were 
tepanted  into  handles,  each  of  which  was  twisted 
(rrpoTMi  bmrdmSy  Bmnck,  Anal,L  416),  and 
ti«d  in  one  or  more  knots.  The  thrums  were  thus, 
liT  1  Tcnr  simple  process,  transformed  inta  a  row  of 
taieels.  The  linen  shirts,  fonnd  in  Egyptian  tomhs, 
KRoetiiaes  thow  this  ornament  among  their  lower 
eigc,  and  iUustrate,  in  a  Teiy  interesting  manner, 
tbe  deflcripdon  of  these  garments  hy  Herodotus 
(a.  81).  Among  the  Greeks  and  Romans  fringes 
^?re  seldom  worn  except  by  females  {Kpoatrmrhv 
XtTMv,  finmd:,  ii.  525  ;  Jacobs,  Blc  ad  loc ', 
Pdnoi,Tu.  64  ;  Sueton.  JuL  45).  Of  their  manner 
CI  ^kving  them  the  best  idea  may  be  formed  by 
tiie  ia^)ectioQ  of  the  annexed  woodcut,  taken  from 
a  small  broos^  representing  a  Roman  lady  who 
vf^n  la  imier  and  an  ofuter  tunic,  the  latter  being 
£ir.ged,  and  orer  these  a  Lirge  shawl  or  palliom. 


FISCUS 


M 


Among  harhatoos  nations  the  amictus  was  often 
▼om  by  men  with  a  fringe,  as  is  seen  rciy  con- 
^leooasly  in  the  group  of  Sarmatians  at  p.  213 
By  erowng  the  bundles  of  thrams,  and  tying 
^  «t  the  points  of  intersection,  a  kind  of  net- 
^^  *»•  prodaeed,  and  we  are  informed  of  a 
p?*  of  this  description,  which  was,  moreoyer, 
^jmgirith  hells.  (Diod.  xroi.  26.)  The  anciente 
*)»  mamActawd  frbges  separately,  and  sewed 
"^  to  the  borders  of  their  garments.     They  were 


likewise  made  of  gold  thread  and  other  costly 
materials.  Of  this  kind  was  the  ornament,  con- 
sisting of  a  hundred  golden  tassels,  which  sur- 
rounded the  mythical  shield  of  Jupiter,  the  ofyfr 
;^vo-ar^co-o'o,  and  which  depended  from  the  girdle 
of  Juno.  (Horn.  H  ii  448,  v.  738,  xiv.  181, 
xrii.  593.) 

In  conseq[nence  of  the  tendency  of  wool  to  form 
itself  into  separate  bundles  like  tassels  {^wratrii^p^ 
Aelian,  H.  A,  xtL  11),  the  poets  speak  of  the 
golden  fleece  as  consisting  of  them  (Find.  Pytk,  vr. 
411;  Apoll.  Rhod.  ir.  1 146)  ;  and  Cicero,  dechiro- 
ing  against  the  efleminacy  of  Gabinius,  applies  the 
same  expression  to  his  curling  locks  of  hair  (m 
Pi».\\\  [J.  Y.] 

FINITO'RES.     [Agrimsnsoku.] 

FI'NIUM  REGUNDO'RUM  ACTIO.  If  the 
bonndaries  of  contiguous  estates  were  accidentally 
omfused,  each  of  the  parties  interested  in  the  re« 
establishment  of  the  boundaries  might  hare  an 
action  against  the  other  for  that  purpose.  This 
action  belonged  to  the  class  of  dupiicia  judicia. 
[Familiax  Erciscunoax  Actio.]  In  this  action 
each  party  was  bound  to  account  for  the  fruits  and 
profits  which  he  had  received  from  any  part  of  the 
land  which  did  not  belong  to  him,  and  also  to 
account  for  any  injury  which  it  had  sustained 
through  his  culpa.  Each  party  was  also  entitled 
to  compensation  for  improvements  made  in  the  por- 
tion of  land  which  did  not  belong  to  him.  ( Dig.  10. 
tit  1.)  There  is  an  article  entitled  '  Ueber  die 
Grilnzscheidungsklage  *  by  Rudorff  in  the  ZeU' 
Mknfi  fur  G^ahidUlidie  Reckitwi$aenad»aft^  Tol.  x. 
[AoER.]  [G.  L.] 

FISCA'LES.    [Gladiatorxs.] 

FISCUS.  The  following  is  Savigny's  account 
of  the  origin  and  meaning  of  this  term : — 

In  the  republican  period,  the  state  was  desig* 
nated  by  the  term  Aerarium,  in  so  &r  as  it  was 
yiewed  with  respect  to  its  having  property,  which 
ultimately  resolved  itself  into  receipts  into,  and 
payments  made  out  o^  the  public  chest.  On  the 
establishment  of  the  imperial  power,  there  ikhs  a 
division  of  the  provinces  between  the  senate,  as 
the  representative  of  the  old  republic,  and  the 
Caesar ;  and  there  was  consequently  a  diNdsion  of 
the  most  important  branches  of  public  income  and 
expenditure.  The  property  of  the  senate  retained 
the  name  of  Aerarium,  and  that  of  the  Caesar,  as 
such,  received  the  name  of  Fiscus.  The  private 
property  of  the  Caesar  (resprivata  Principis^  ratio 
Cae$aru)  was  qnite  distinct  from  that  of  the  Fiscus. 
The  word  Fiscus  signified  a  wicker-basket,  or  pan- 
nier, in  which  the  Romans  were  accustomed  to 
keep  and  carry  about  large  sums  of  money  (Cic. 
Verr.  i.  8  ;  Phaedr.  Fab,  ii.  7)  ;  and  hence  Fis* 
cus  came  to  signify  any  person^s  treasure  or  money 
chest  The  importance  of  the  imperial  Fiscus  soon 
led  to  the  practice  of  appropriating  the  name  to 
that  property  which  the  Caesar  cUimed  as  Caesar, 
and  the  word  Fiscus,  without  any  adjunct,  was 
used  in  this  sense  {resfisd  est^  Juv.  SaL  iv.  54). 
Ultimately  the  word  came  to  signify  generally  the 
property  of  the  state,  the  Caesar  having  concen- 
trated in  himself  all  the  sovereign  power,  and  thus 
the  word  Fisais  finally  had  the  same  signification 
as  Aerarium  in  the  republican  period.  It  does  not 
appear  at  what  time  the  Aerarium  was  merged  in 
the  Fiscus,  though  the  distinction  of  name  and  of 
thing  continued  at  least  to  the  time  of  Hadrian. 
In  ue  kter  periods  the  words  Aerarium  and  Fift- 


^M  FISTUCA^ 

em  wepfl  often  oied  MifrcrimiEiately,  but  only  in 
ihc  Bvtum  of  tb«  imperial  chest,  Tor  Uiere  waa  then 
no  other  pabUc  chut.  So  loiig  at  the  diatinction 
existed  betiroen  the  oerarium  Mid  the  fiiciu,  the 
Inw  relating  to  thi^ra  leTemlljr  might  be  exprcHed 
by  the  tenofl  jiu  poptilt  and  jui  iud,  ai  in  Paoloi 
(Sent.  li&vpt.  T.  1*2),  though  there  IB  no  reason  for 
a|}p1ying  the  distinction  Ui  the  tiine  when  Paulas 
wrot«  ;  for,  as  already  obaerved,  il  had  then  long 
ceaaed 

The  Fiicai  had  a  hgal  penonnl  existence  ;  that 
jd,  M  the  lubjcct  of  cprtain  rigbtA^  it  was  legally  a 
pcrfliin,  by  yirtuc  of  the  mmc  fictkn  of  law  which 
gave  a  perAonnl  existence  to  (^rpoiations,  and  the 
communiticj!  of  cities  and  villages.  But  the  Fiscus 
difFcred  in  nutny  riMpectA  from  ci'ttier  persons  exist* 
ing  by  fiction  nf  law ;  and,  aa  an  iastance,  it  was 
never  under  any  incapacity  rts  ti>  taking  an  here- 
ditK*,  wUith,  for  a  long  time,  ^vaa  the  case  with 
eorpDratidni,  for  the  rcawn  gUtn  by  Ulpian.  [CoL- 
L«oii;*iJ.  These  reason*  would  also  apply  to  the 
Popiilns,  OS  1^'fitl  aa  to  a  Municipium,  and  yet  the 
popului  Is  never  alluded  to  as  being  under  such 
disability  j  and  in  fnct  it  could  not,  consistently 
with  being  the  source  of  all  ri^ht*,  be  under  any 
kgiii  disabUitii!a, 

Vojiuus  ofticeTn,  as  Procum^ires,  Adrocati  [Ad- 
vocATua],  Pntroni,  and  Prai^ft^di  were  employed 
in  the  administmtii^n  of  the  Fisciii.  Nenra  esoir 
blifihed  a  Pmetar  FlscaUs  to  administer  the  law  in 
matters  relating  to  the  Fiscui,  The  patrimonium 
or  private  prL^perty  of  the  Caesar  wu  administered 
by  Procumtores  CaeiarlL  The  privileges  of  the 
Fiscui  were,  however,  extended  to  the  prirate 
property  {mtio)  of  the  Caesar,  and  of  his  wife  the 
AuirtiitOL  (Dig.  4D.  tit-  J4,  i,  6.) 

property  vm  octjuired  by  th*?  Fiscus  in  various 
ways,  enuraemttid,  in  the  Digest  (49.  tit  14.  s.  1), 
many  of  which  mny  be  arranged  under  the  head 
of  penaltieB  and  tV^rfeitures.  Thus,  if  a  man  was 
led  to  commit  Buicido  in  CJin^rquence  of  having 
done  some  criminal  act  (jUufituttti),  or  if  a  man 
made  counterfeit  coin,  his  property  was  forfeited  to 
the  fifcus.  (Pfltilns,^.  R.  v.  12.)  The  officers  of  the 
Fiscus  generally  received  mfonnntion  (mmeiaiumei) 
of  such  occurrence*  from  privflte  indiyidiuUs,  who 
were  rewarded  for  their  pains.  Trenaure  (ihetatmui) 
which  was  foond  in  certain  place ji  was  also  subject 
to  a  claim  on  the  part  of  ihe  Fijieos.  To  explain 
the  rigbta  and  privilrges  of  the  Fiscus,  and  its  ad- 
tainbtrntionji,  would  require  a  long  discussion.  (Dig. 
49,  tit.  15.  d9  Jurv  /'Vs?!/  C^>d.  10.  tit  1  ;  Cod. 
Theod.  1 0.  tit  I  :  PaciliiB,  SeuL  Reeept.  r.  12 ; 
Sa vigny,  S^xUift  dex  herd.  Ham.  R.  vcjL  iL  ;  Pragmas 
tmm  v^erh  Juris-cmitHiti  d&  Jar*  Fiid^  printed  in 
Ooeichen'i  edition  of  Goius ;  Scivi^fiiy,  Neu  addockte 
Quefkn  des  R'6m.  IL,  2^itsvkri/l^  vol.  iii.)    [O.  L.] 

FISTU'CA,  on  instrtimcnt  nwd  for  ramming 
down  pav-ementa  mid  thresh  in  tf  floors,  and  the 
foundationi  of  buildiisgs  (Cato,  H.  H.  18,  28  ;  Plin. 
H.N.  rixvl  25.  i.6l  j  VitruT.  iii.  8.  s.  4.  §  1,  x 
B.  i.  2.  %  3) ;  and  also  for  driving  piles  ((^aes. 
//.  (7.  iv.  17).  When  used  for  i!ie  former  purpose, 
that  of  making  eanh  solid^  k  was  no  doubt  a  mere 
leg  of  WE»d  (shod  perhaps  with  iron),  with  handles 
to  lift  it  up  ;  just  like  a  pavjour's  rammer.  But 
in  the  CUM  cited  from  CtUsar,  where  it  was  used 
for  driving  the  ptlea  of  his  brid|ie  orer  the  Rhine, 
It  is  almost  evident  that  it  muiit  hnve  been  a  ma- 
chine, snmethinf^  like  onr  pile  driving  engine  (or 
monkey),  by  which  a  heairy  Ing  of  wood,  shod 


FISTULA. 

with  iron,  was  lilWd  up  to  a  ooosidenible  hei; 
and  then  let  fiOl  on  the  head  of  the  pile.  [P.  S. 
FI'STULA  ((TtfXVX  »  water-pipe.  VitruTi 
(viiL  7.  s.  6.  §.  1,  ed.  Schn.)  distinguishes  thi 
modes  of  conveying  water :  by  channels  of  masw 
{per  eanales  $tnidile$^  by  leaden  pipes  (Jttm 
plumbat\  and  by  cacthen  pipes  (iabmiu  /idHHm 
but  of  these  two  sorts  of  pipes  the  leaden  wsre  tj 
more  commonly  used.*  [Aquaxductus.]  Tht 
were  made  by  bending  up  cast  plates  of  lead  iato 
form  not  uerfectly  cylindrical,  but  having  a  nrt 
ridge  at  the  junction  of  the  edges  of  the  plate,  i 
represented  in  the  following  engraving,  taken  bm 
antique  specimens.  (Frontin.  de  Atpuud.  p.  1\ 
fig.  15, 16,  ed.  Polen. ;  Hirt»  Lekre  iL  Gd^dmle,  p 
xxxiL  fig.  8.) 


W 


In  the  manufacture  of  these  pipes,  particolar  at- 
tention was  paid  to  the  bore,  and  to  the  thickum.  j 
The  accounts  of  Vitruvius,  Frontinus,  sod  other  ! 
writers,  are  not  in  perfect  accordance ;  but  it  ap- 
pears, from  a  comparison  of  them,  that  two  ditfermt 
systems  of  measurement  were  adopted,  Dameir, 
either  by  the  width  of  the  plate  of  lead  {kuimi  ot 
lamna)  before  it  was  bent  into  the  shape  of  a  pif«, 
or  by  the  internal  diameter  or  bore  {Umm)  of  the 
pipe  when  fonned.     The  former  is  the  tpUm 
adopted  by  Vitruvius  (il  c  §  4)  ;  according  to  him 
the  leaden  plates  were  cast  of  a  length  not  leas  than 
ten  feet,  and  of  a  width  containing  an  eisctoiunber 
of  digiU  (sixteenths  of  a  foot),  whuh  niunber  was  n 
course  different  for  different  siaed  pipes  ;  snd  th«n 
the  sizes  of  the  pipes  wore  named  frnn  the  oomber 
of  digits  in  the  width  of  the  plates,  as  in  the  fol- 
lowing table,  where  the  numbers  on  the  right  baud 
indicate  the  number  of  pounds  which  VitruTina  as- 
signs to  each  ten-feet  length  of  pipe  :  — 
C^ntenaria,  from  a  pUte  1 00  digits  wide :  1200  Iba. 
Octogenaria      —  80        --       :  9S0  - 

Quinquagenaria —  50        —       :  600  — 


•  The  etymological  distinction  between  >'«f' 
and  hdmi  seems  to  be  that  the  fonner,  which  on- 
ginally  signified  a.^Hle,  was  a  small  pipe,  the  latter 
a  huge  one  ;  but,  in  tisage,  at  least  so  fitf  s*  **|^' 
pipes  are  concerned,  it  seems  that/itefo  i*  ippu^ 
to  a  leaden  pipe,  ivbm  and  tidmlM  to  one  of  >dT 
other  material,  especially  of  terra-cotts,  aa  io  u' 
above  and  the  following  passages.  (Varw,  /?•  «• 
i.  8  ;  Colum.  i.  5  ;  Plin.  v.  31.  s.  34,  x>i-  <-  ^ 
81,  XXXV.  12.  s.  46  ;  Frontinus,  see  below.) 


3ELI 

XM. 

40 



'  480  — 

30 



.  360  — 

20 



:  240  — 

J5 



180  — 

10 

— 

.  120  — 

8 

— 

96»  — 

5 

— 

:  60  — 

FLAGRUM. 


539 


Qsadragenaria  — 

Tricenaria 
Vicrtarm 

tktaia 
(jei&ara 

FniD  tUc  §eale  it  is  erident,  at  a  mere  glance,  that 
tbe  thickoea  of  the  plates  was  the  same  for  pipes  of 
22  lixa,  namelx,  mch  that  each  strip  of  Ic«d,  ten 
kt  loogand  one  di^t  wide,  weighed  twelve  poanda. 
V.i/t  secoDDt  of  VitniTiiis  is  followed  by  Pliny 
« H.  AT.  uxl  6. 1. 31 }  and  Palladiiis  (iz.  12 :  comp. 
ibe  Qotn  of  Schneider  and  GesnerX 

FrDOtimo,  who  enters  into  the  subject  much  more 
ruQBtely,  objects  to  the  system  of  Vitravius  as  too 
tade^oitp,  on  account  of  the  Tariation  which  is 
laa/k  in  the  shape  of  the  pipe  in  bending  up  the 
pbte  cf  IomI  ;  snd  he  thinks  it  more  probable  that 
tl-e  Dames  were  deriTed  from  the  length  of  the  in- 
tKial  diameten,  leckoned  in  gutadranies  (the  unit 
iyiflgthe  digit),  that  is,  tii  quarten  of  a  diffit ; 
K  tiat  the  Quhutria  had  a  diameter  of  five  fourths 
of  a  digit,  or  1^  digit,  and  so  on,  up  to  the  Vioenariay 
r<o\t  vbicb  the  notation  was  altered,  and  the  names 
T«R  00  longer  taken  from  the  number  of  linear 
^drtentf  a  digU  in  the  diameter  of  the  pip^  but 
itm  the  nnmb^  of  aquare  quartert  of  a  digit  in  its 
arpa,  and  this  system  prevailed  up  to  the  Centum- 
Ttfua^  vhich  was  the  largest  size  in  use,  as  the 
(^fisana  was  the  smallest :  the  Utter  is  adopted 
br  Fiantinns  as  the  standard  measure  {moduUu)  of 
tie  vhoie  system.  (For  further  details  see  Fron- 
tiina,  de  Aqaaed.  20-^63,  ppw  70—1 12,  with  the 
Notes  of  Poknas.)  Another  mode  of  explaining 
tk«  nanendature  waa  by  the  story  that  when 
Agrippa  undertook  the  orersight  of  the  aquaeducts, 
fi:^ij^  the  modaUu  inconveniently  small,  he  en- 
hi^  it  to^  times  ita  diameter,  and  hence  the 
ei%inofthejEite2a  quimaria.  (Frentin.  25,  pp.  80, 
^1-)  Of  these  accounU  that  of  Vitravius  appears 
at  ooee  the  most  simple  and  the  most  correct :  in- 
M  it  voold  seem  that  the  plan  of  measurement 
*»  my  probably  the  invention  of  Vitravius  him- 
telf;  (Fnntin.  L  e.)  Respecting  the  usee  of  pipes 
i:i  th«  aqnedncta,  see  Aquabductus. 

Of  the  earthen  (tena-cotta)  pipes  we  know  very 
little.  Pliny  says  that  they  are  best  when  their 
tlicbeas  is  two  digits  (1^  inchX  and  that  each 
pipe  ihsuld  have  its  end  inserted  in  the  next,  and 
ti|e  jointi  should  be  cemented  ;  but  that  leaden 
Fp«  ihoald  he  used  where  the  water  rises*  The 
*3niMi  pipes  were  thought  more  wholesome  than 
Uc  leaden.  (Plin.  H.  N,  xxxi.  6.  s.  31  ;  Vitrav. 
t^ «.  jl  10 ;  Pallad.  ix.  1 1.)  Water  pipes  were  also 
'ade  of  leather  (Plin.  H,N.  r.  31.  s.  34  ;  Vitrav. 
^  «•  §  8) ;  and  of  wood  (Pallad.  L  &),  especially  of 
tV-  hottowed  trunks  of  the  pine,  fir,  and  alder. 
•Hin.My.xTi42.  S.81.)  [P.  S.] 

FUBELLUM,  dim.  FLABELLULUM, 
IMS ^anarli^  dim.  ^irfSioir),  a  fan.  ''The  ex- 
etiieof  the  fiu,*"  so  wittily  described  by  Addison 
{Spat  No.  102),  was  wholly  unknown  to  the 
Neither  were  their  fans  so  constracted 


*  Pliny  snd  PaUadius,  and  even  the  ancient 
^iK^  til  V'ttnvins,  give  here  C,  which,  however,  is 
c^7  an  error  of  a  tnnscriber  who  did  not  perceive 
the  iav  of  the  proportion,  but  who  had  a  fiuicy  for 


that  they  might  be  furled,  unfurled,  and  fluttered, 
nor  were  they  even  carried  by  the  ladies  themselves. 
They  were,  it  is  true,  of  elegant  forms,  of  delicate 
oolouxB  (prammflabeUo^  Mart  iii.  40),  and  some- 
times of  costly  and  splendid  materials,  such  as  pei^ 
cock's  feathers  (Proper!  il  15)  ;  but  they  wen 
stiff  and  of  a  fixed  shape,  and  were  held  by  fiemale 
sUves  {JUjMHftnu^  Philemon,  as  tianslated  by 
Phuit  Trm.  il  1.  22),  by  beautiful  boys  (Strato, 
Ejng,  22),  or  by  eunuchs  (Euripw  Ortt^  1408 — 
1412;  Menander,  p.  175,  ed.  Meineke ;  and  aa 
tnnskted  by  Terenee,  Emu  iil  5.  45 — 54),  whose 
duty  it  was  to  wave  them  so  as  to  prodooe  a  cool* 
ing  breeze.  (Brunck,  AwaL  ii  92.)  A  gentleman 
might,  nevertheless,  take  the  fan  into  his  own 
hand  and  use  it  in  fanning  a  lady  as  a  compliment. 
(Ovid,^fV  Am.  L  161,  Amor.  iii.  2.  38.)  The 
woodcut  at  pi  257  shows  a  female  bestowing  this 
attendance  upon  her  mistress.  The  fim  which  she 
holds  is  apparently  made  of  separate  fieathers  joined 
at  the  ba«e,  and  also  united  both  by  a  thread  pass* 
ing  along  the  tips  and  by  another  stronger  thread 
tied  to  Sie  middle  of  the  shaft  of  each  feather. 
Another  use  of  the  fan  was  to  drive  away  files 
fipom  living  persons,  and  from  articles  of  food 
which  were  either  placed  upon  the  table  or  offered 
m  sacrifice.  When  intended  for  a  fly-flapper  it 
was  less  stiff,  and  was  called  mutcarittm  (Mart  xiv. 
67),  and  fivu}ff6€ri  (Menander,  p.  175  ;  Aelian, 
H.  A.  XV.  14  ;  Branch,  Amd.  it  388,  iii.  92).  In 
short,  the  manner  of  using  fans  was  precisely  that 
which  is  still  practised  in  China,  India,  and  other 
parts  of  the  East ;  and  Euripides  (/.  c.)  says  that 
the  Greeks  derived  their  knowledge  .of  them  frt^m 
<•  barbarous^  countries.  The  emperor  Augustus 
had  a  sUve  to  fan  him  during  his  sleep  (Sueton. 
Aug.  82)  ;  for  the  use  of  fims  was  not  confined  to 
females. 

Besides  sepamte  feathers  the  ancient  fiui  was 
sometimes  made  of  linen,  extended  upon  a  light 
frame.  (Strato,  L  e.)  From  the  above-cited  pas- 
sage of  Euripides  and  the  ancient  Scholia  upon  it, 
compared  with  representations  of  the  flabellum  in 
ancient  paintings,  it  also  appears  to  have  been 
made  by  placing  the  two  wings  of  a  bird  back  to 
back,  fiistening  them  together  m  this  position,  and 
attaching  a  handle  at  the  baae.  (See  also  Branch, 
AmiL  il  258,  IlTfpfiw  ^t^Sia.) 

A  more  homely  application  of  the  fan  was  its  use 
in  cookery  [Focus].  In  a  painting  which  repre- 
sents a  sacxifioe  to  Isis  {Ant.  cP  Ercofano,  ii.  60),  a 
priest  is  seen  fanning  the  fire  upon  the  altar  with 
a  triangular  flabellum,  such  as  is  still  used  in  Italy. 
This  practice  gave  origin  among  classical  writers  to 
expressions  corresponding  to  ours,  meaning  to  fan 
the  flame  of  hope  (Alciph.  iii.  47),  of  love  {^twi(uy, 
Brunck,  ii.  306),  or  of  sedition  (Aristoph.  Ran. 
360  ;  Cic  pro  Place.  23).  [J.  Y.] 

FLAGRUM,  dim.  FLAGELLUM  (M4«rT«|), 
a  whip,  a  scouige,  to  the  handle  of  which  was 
fixed  a  lash  made  of  cords  {Junihnt^  Hor.  Epod. 
iv.  3 ;  John,  ii.  16),  or  thongs  of  leather  {loris^ 
Hor.  Episi.  i.  16.  47  ;  ffKvrifo,  Anac.  p.  357,  ed. 
Fischer),  especially  thongs  made  from  the  ox's 
hide  {bulndiB  exttvOs,  Plant  Moit.  iv.  1.  26).  The 
Jlageilum  properly  so  called  was  a  dreadful  instra- 
ment,  and  is  thus  put  in  opposition  to  the  mmtica^ 
which  was  a  simple  whip.  (Hor.  Sai.  i.  3.  119.) 
Cicero  in  like  manner  contrasts  the  severe  Jlapelta 
with  the  myae  (pro  Rabir.  4).  The  flagellmn 
was  chiefly  used  in  the  pnnishment  of  slaves,     Il 


£40 


FLAMEN. 


wni  knntti^i  mth  bones  or  heavy  indented  circles 
of  bfoiiae  or  ti^rmiiiated  by  hooki,  in  which  case  it 
Wfl*  apUj  denominated  a  tcorfiwn.  The  cut  below 
npvQMalt  ft  scniirR^  taken  from  a  bas-relief  of  the 
ttatt»  of  Cybcle  in  the  Museum  of  the  Capitol  at 
Home,  and  fully  justifies  the  epithet  of  Horace 
(f,  <:.),  htwn^Hk  f<^gdbim.  The  infliction  of  punish- 
Uipnl  iiith  h  upon  the  naked  back  of  the  sufferer 
(Ju*»  vj,  3n'2)  was  sometimes  fetal  (Hor.  Sat  L 
21  4 ) ),  and  was  carried  into  execution  by  a  class 
of  penoQi,  themselves  slaves,  who  were  called 
loruriL  A  alavo  who  had  been  flogged  was  called 
fiiftrio  {^AtfTi-^ias^  Philemon,  p.  415.  ed.  Mein.  ; 
Aristopk  Ran,  502,  Equit  1225,  Lys.  1242  ; 
maati^ia^  PJiiutLLi,  passim;  Ter.  AddpL  v.  2.  6), 
which  of  course  became  a  terra  of  mockery  and 
contempt.  During  the  Saturnalia  the  scourge  was 
depoflitt'd  under  the  seal  of  the  master.  We  like- 
wim  find  thni  lome  gladiators  fought  with  the 
flaRcUa  (TertulL  .^/)o/.  21),  as  in  the  coin  here 
tntroduccd.  Til?  flagellum  here  has  two  lashes. 
(See  alw  cut,  p.  101.)  [J.  Y.] 


FLAMEN,   ihc   name   for  any  Roman  priest 
who  WM  dcvoled  to  the  service  of  one  particular 

god  (DiVUaLrU  ALUS  ALII  8ACKRD0TKS,  OMNIBUS 
rOIfTiriCXB,  RLVGULIR  FL AMINES  8UNT0,   Cic.  De 

Zfg.  ii.  fl),  and  who  received  a  distinguishing 
efiilbvt  it»m  the  deity  to  whom  he  ministered. 
(//«fWA|  K.  fiftjuiaum,  sinffuli  cognomina  habent 
«i  H  dn  fHOi  micra/adttni^  Varro,  De  Ling.  Lot, 
V.  84.)  The  most  dignified  were  those  attached 
to  DiiovU,  Miira,  and  Quirinus,  the  Flamen  Dialis^ 
Fiumm  AfartiiiiiM^  and  Flamen  Quirinalis.  The 
twd  first  art*  *^iid  by  Plutarch  {Num.  c  7)  to  have 
bconestaUiiihi^d  by  Romulus  ;  but  the  greater  num- 
ticr  fsf  ftuthoritica  agree  in  reiferring  the  institution 
of  thfi  whole  three,  in  common  with  all  other 
matters  connected  with  state  religion,  to  Numa. 
(Liv.  i.  20  I  Dioayi.  ii.  64.  &c.)  The  number  was 
eventually  increastid  to  fifteen  (Fest  s.  v,  Manmae 
di^nulioni's) ;  the  three  original  flamens  were  always 
chotrn  from  among  the  patricians,  and  styled 
Af'ijores  (Galufi,  i.  112) ;  the  rest  from  the  plebeians, 
with  the  epithet  Minores  {FesL Mqfores  FlaminesX 
Two  rude  lines  of  Ennius  (Varro,  de  Ling.  Lai.  viL 
44  J  prcacirvc  tbe  names  of  six  of  these,  appointed, 
my$  the  poet,  by  Numa, — 

FWj?«nwi/f m,  Paiatualem^  Furinalem, 
Fhra^tm^^^,  Faiacrem  el  PomonaUm  fecit 
Hie  idem . . . . , 

to  wlitch  we  tnay  add  the  Flamen  VoleanaUs 
(Vflwei,  Ik  LiHff.  lAxt.  V.  84),  and  the  Flamen 
CarmmialiM  (Cic.  lirut.  14).  We  find  in  books  of 
antiquiliei  mentian  made  of  the  Firbialis,  Lauren- 
iiuii\  LtmmaiiM^  and  Lucullaris^  which  would  com- 


FLAMEN. 

plete  the  list ;  but  there  is  nothing  to  prove  that 
these  four  were  Raman  and  not  merely  provincial 
priests. 

It  is  generally  stated,  upon  the  antboritv  of 
Aulas  Oellins  (xv.  27),  that  the  flamens  verp 
elected  at  the  Comitia  Cnriata,  and  this  was  doab^ 
less  the  case  in  the  eailier  times  ;  but  upon  ex- 
amining the  passage  in  qnestaon,  it  vrill  be  tern 
that  ue  grammarian  speaks  of  their  indoe- 
tion  into  office  only,  and  Uierefore  we  may  con- 
clude that  subsequently  to  the  paasixig  of  the  Iju 
DomiHa  they  were  chosen  in  the  Comitia  Tnbuu, 
especially  since  so  many  of  them  were  plebeiazu. 
After  being  nominated  by  the  people,  they  were 
received  (oapU)  and  installed  (inaugurubamtur)  by 
the  Pondfex  Maximus  (Li v.  xxviL  8,  xxix.  38  ; 
Val.  Max.  vi  9.  §  3),  to  whose  authority  they  were 
at  all  times  subject  (Li v.  EpiL  xix.,  xxxvii.  51  ; 
Val.  Max.  L  1.  §  2.) 

The  office  was  understood  to  last  for  life  ;  but  a 
flamen  might  be  compelled  to  resign  (JUmumo 
aJUre)  for  a  breach  of  duty,  or  even  on  account  of 
the  occurrence  of  an  ill-omened  accident  while  dis- 
charging his  fimctions.    (VaL  Max.  L  1.  §  4.) 

Their  characteristic  dress  was  the  apex  [Apxs], 
the  laena  [Laxna],  and  a  h&urel  wreath.  The 
name,  according  to  Varro  and  Festus,  was  derived 
from  the  band  of  white  wool  (Jilum^  Jilamen^Jia- 
men)  which  was  wrapped  round  Uie  apex,  and 
which  they  wore,  without  the  apex,  when  the  heat 
was  oppressive.  (Serv.  Virg.  Aen.  viiL  66i.)  This 
etymology  is  more  reasonable  than  the  transforma- 
tion ofpileamines  (firom  piteus)  into^KomiMef.  (Pln- 
tarch,  Num*  7.)  The  most  distinguished  of  all  the 
flamens  was  the  Dialis;  the  lowest  in  rank  the 
Pomonalis.     (Festus,  s.  v.  Afaaimae  dignationit.) 

The  former    enjoyed  many  peculiar  honours. 
When  a  vacancy  occurred,  three  persons  of  patri- 
cian descent  whose  parents  had  been  married  ac- 
cording to  the  ceremonies  of  confitrreatio  [Mjlr- 
Riaox],  were  nominated  by  the  Comitia,  one  of 
whom  was  selected  {oaptui)^  and  consecrated  (w- 
augurabatur)  by  the  Pontifex  Maximus.    (Tacit. 
i^nn.  iv.  16  ;  Liv.  xxvii.  8.)     From  that  time  for- 
ward he  was  emancipted  from  the  control  of  his 
&ther,  and  became  sui  Juris.  (Oaina,  L  1 30 ;  Ulpian, 
Frag.x.bi  TacJjwi.  iv.  16.)     He  alone   of  all 
priests  wore  the  albogalerus  [Apxx]  (Vairo,  op. 
GelL  X.  15) ;  he  had  a  right  to   a  lietor  (Plut. 
Q.  R.  p.  119,  ed.  Reiske),  to  the  iogapradaia^ 
the  sella  eurulis,  and  to  a  scat  in  the  senate  in 
virtue  of  his  office.    This  last  privilege,  after  having 
been  suffered  to  fall  into  disuse  for  a  long  period, 
was  asserted  by  C.  Valerius  Flaccus  (a.  c  209  X 
and  the  chiim  allowed,  more,  however,  sajrs  Livr, 
in  deference  to  his  high  personal  character  thau 
from  a  conviction  of  the  justice  of  the  demaniL 
(Liv.  xxviL  8;  compare  i  20.)  The  Rex Saerijiatr- 
lus  alone  was  entitled  to  recline  above  him  at  a 
banquet :  if  one  in  bonds  took  refuge  in  his  bouse, 
the  chains  were  immediately  struck  off  and  con- 
veyed through  the  tm/)/tii7ttun  to  the  roo^  and 
thence  cast  down  into  the  street  (AuL  G^  x.  15): 
if  a  criminal  on  his  way  to  punishment  met  him, 
and  fell  suppliant  at  his  feet,  he  was  respited  for 
that  day  (Aul.  GeU.  x.  15  ;  Plut  Q.  /?.  p.  166) ; 
usages  which  remind  us  of  the  right  of  sanctaarf 
attached  to  the  persons  and  dwellings  of  the  papal 
cardinals. 

To  counterbalance  these  high  honours,  the  Dialix 
was  subjected  to  a  multitude  of  restrictioni  acd 


TLAMEN. 

friradaiM,  a  long  cotelogae  of  which  bus  been  eom- 
^£ei  br  Anlns  GeUios  (x.  15)  from  the  works  of 
Fthm  Pictar  and  Masuriiu  Sabintu,  while  Pla- 
tank,  in  hif  Rooian  Questionfl,  endeayoun  to 
explain  their  import  Amaog  these  were  the  fol- 
lowii^:— 

It  vasonbiwfiil  fur  him  to  be  oat  of  the  city  for 
%  HBgle  a^t  (Lit.  t.  52) ;  a  regulation  iriiich 
tema  to  haTe  been  modified  by  Aogostos,  in  so 
&r  tbat  an  absence  of  two  nights  was  permitted 
(Tacit.  Am.  iii  58.  71) ;  and  he  was  forbidden  to 
i{c«poot  of  his  own  bed  for  three  nights  consecn- 
tiT(Jj.  Thos,  it  was  impossible  for  him  to  nnder> 
ake  the  goTcrament  of  a  province.  He  might  not 
moont  upon  horseback,  nor  even  tonch  a  horse,  nor 
Wc  upon  sn  annjr  marshalled  without  the  pomoe- 
mm,  sod  hence  was  seldom  elected  to  the  consul- 
ihip.  Indeed,  it  woold  seem  that  originally  he  was 
Blb)§etber  precluded  from  seeking  or  accepting  any 
ctvit  magistracy  (Pint.  (IB.^16B);  but  this  last 
prokibitinn  was  certainly  not  enforced  in  later 
taa.<ea.  The  object  of  the  aboTe  rules  was  mani- 
iestlj  to  make  him  literally  Jovi  adndumm  taeer- 
4i^ea. ;  to  compel  constant  attention  to  the  duties  of 
tb«  priesthood ;  to  leare  him  in  a  great  measure 
rhboat  any  temptation  to  neglect  them.  The 
oirJQ  of  the  superstitionB  which  we  shall  next 
esTimftate  is  not  so  clear,  but  the  curious  will  find 
aboodanoeof  speculation  in  Plutarch  (Q.  R,  pp.  1 14, 
Ua,  \U—\1Q\  Festna  (s. «.  Edera  and  Equo\ 
Kid  Pliny  {H.  N.  xriii.  30,  xxTiii.  40).  He  was 
Lot  alJowed  to  swear  an  oath  (LiT.  xxxi.  50^  nor 
to  Ti>ar  a  ring  **•  nui  pervio  et  eosso,'*  that  is,  as 
iify  explain  it,  tmless  plain  and  without  stones 
(Klidmsaon,  De  AnmuliSj  p.  14)  ;  nor  to  strip 
hiottdf  naked  in  the  open  air,  nor  to  go  out  without 
Lis  proper  bead-dress,  nor  to  have  a  knot  in  any 
pan  of  bis  attire,  nor  to  walk  along  a  path  over- 
canopied  by  rines.  He  might  not  touch  flour,  nor 
learen,  nor  leavened  bread,  nor  a  dead  body  :  he 
]E«;htDot  enter  a  buaium  [FuNUS],  but  was  not 
prneoted  from  attending  a  funeral.  He  was  for- 
bidden either  to  touch  or  to  name  a  dog,  a  she- 
goat,  iTj,  beans,  or  raw  flesh.  None  but  a  free 
DSQ  might  cut  his  hair  ;  the  clippings  of  which, 
toj^ether  with  the  parings  of  his  nails,  were  buried 
beneath  %ftlia  arbor.  No  one  might  sleep  in  his 
bed,  the  legs  of  which  were  smeared  with  fine 
clar ;  and  it  was  unlawful  to  place  a  box  con- 
tuoing  sacrificial  cakes  in  contact  with  the  bed- 
itead. 

fjammiea  was  the  name  giren  to  the  wife  of  the 
^i&  He  was  required  to  wed  a  rirgin  accord- 
ing to  the  ceremonies  of  eon/arrMHoy  which  regu- 
kioD  alw  applied  to  the  two  other  flamines 
»A)cie»  (Serr.  ad  Virg.  Aen.  iv.  104,  374  ; 
Oainvl  112) ;  and  he  could  not  many  a  second 
^-  Hence,  since  her  assistance  was  essential 
in  ibfi  peiformance  of  certain  ordinances,  a  divorce 
«as  not  pennitted,  and  if  she  died  the  dialis  was 
oblif^ed  to  resign.  The  restrictions  imposed  upon 
tbe  6iaminica  were  similar  to  those  by  which  her 
bosbaod  was  fettered.  (Aul.  Gell.  x.  15.)  Her 
drw  consisted  of  a  dyed  robe  (venenato  operitur)  ; 
ber  hair  ma  plaited  up  with  a  purple  band  in  a 
conical  fi>na  (pU^ta)  ;  and  she  wore  a  small 
■qoare  cloak  with  a  border  (rica),  to  which  was 
&«ached  a  slip  cut  from  a  feUa  arbor.  (FesL 
^  «.  Tttulum,  Rica;  Varro,  De  Ung.  Lot.  vii.  44.) 
It  if  difficult  to  determine  what  the  rica  really 
^^ ;  vhether  a  short  cloak,  as  appears  most  pro- 


FLORALIA.  5a 

bable,  or  a  napkin  thrown  oyer  the  head.  Sha 
was  prohibited  from  moimting  a  staircase  consist- 
ing of  more  than  three  steps  (the  text  of  Anlus 
OeUins  is  uncertain,  but  the  object  mnst  liare  been 
to  prerent  her  ancles  from  being  seen)  ;  and  when 
she  went  to  the  argei  [Aaoai]  she  neither  combed 
nor  ananged  her  hair.  On  each  of  the  nundinaa 
a  ram  was  sacrificed  to  Jupiter  in  the  regia  by  the 
flaminica.    (Macrob.  L  16.) 

After  the  death  of  the  flamen  Menila,  who  was 
chosen  consid  sofiectus  on  the  expulsion  of  Cinna 
(yelLPatiL20;yaLMax.ix.  12.  §  5X  and  who» 
upon  the  restoration  of  the  Marian  fiiction,  abed  his 
own  Uood  in  the  sanctuary  (b.  a  87),  calling 
down  curses  on  his  enemies  with  his  dying  breath 
(Veil.  Pat  ii  22),  the  priesthood  remained  vacant 
until  the  consecration  of  Servius  Maluginensis 
(b.  c.  11)  by  Augustus,  then  Pontifez  Jdaximus. 
Julius  Caesar  had  indeed  been  nominated  in  his 
17th  year,  but  was  never  installed  ;  and  during  the 
whole  of  the  above  period  the  duties  of  the  oflioe 
were  discharged  by  the  Pontifex  Maximus.  (Suet. 
JvL  c.  1,  compared  with  Veil  Pat  ii  43,  and  the 
Commentators.  See  also  Suet  Odav.  31  ;  Dion 
Cass.  liv.  36  ;  Tacit  ^jm.  iii.  58.  The  hut  quoted 
historian,  if  the  text  be  correct,  states  the  interrup- 
tion lasted  for  72  years  only.) 

The  municipal  towns  also  had  their  flamens. 
Thus  the  celebrated  aflray  between  Milo  and 
Clodius  took  place  while  the  former  was  on  his  way 
to  Lanuvinm,  of  which  he  was  dien  dictator,  to 
declare  the  election  of  a  flamen  (fldflaminan  pro' 
dendum).  After  the  deification  of  the  emperors, 
flamens  were  appointed  to  superintend  their  wor- 
ship in  Rome  and  in  all  the  provinces  ;  and  we  find 
constantly  in  inscriptions  such  titles  as  Flaiikn 
AuGUSTALis ;  Flamkn  Tibxrii  Cabsaris  ;  Fla- 
MXN  D.  JuLii,  &c.,  and  sometimes  Flambn  Dj« 
VORUM  Omnium  (sc.  imperatorum). 

Fiamittia^  according  to  Festus  and  AulusG<;l- 
lius  (x.  15),  was  the  house  of  the  Flamen  Dialis, 
from  which  it  was  unlawful  to  cany  out  fire  except 
for  sacred  purposes. 

Flaminia,  according  to  Festus,  was  also  a  namo 
given  to  a  little  priestess  (tacerdoiula)^  who  assisted 
the /ammtca  in  her  duties.  [W.  R.] 

FLA'MMEUM.     [Matrimonium.] 

FLEXU'MINE&     [Equitbs.] 

FLORA'LIA,  or  Florales  Ludi,  a  festival 
which  was  celebmted  at  Rome  in  honour  of  Flora 
or  Chloris.  It  was  solenmized  during  five  days, 
beginning  on  the  28th  of  April  and  ending  on  the 
2d  of  May.  (Ovid,  JF^.  v.  185  ;  Plin.  ff.  N. 
xviil  69.)  It  was  said  to  have  been  instituted  at 
Rome  in  238  b.  a,  at  the  command  of  an  oracle 
in  the  Sibylline  books,  for  the  purpose  of  obtain- 
ing from  the  goddess  the  protection  of  the  blos« 
soms  (ui  omnia  bene  deftoretoerent^  Plin.  L  e. ;  com- 
pare Veil  Pat  i.  14  ;  Varro,  De  Re  Rtut.  L  1). 
Some  time  after  its  institution  at  Rome  it^ 
celebration  was  discontinued ;  but  in  the  consul- 
ship of  L.  Postumius  Albinus  and  M.  Popilius 
Laenas  (173  &  a),  it  was  restored,  at  the  com- 
mand of  the  senate,  by  the  aedile  C.  Servilius 
(Eckhel,  De  Num.  VeL  v.  p.  308  ;  compare  Ovid, 
Fcut.  V.  329,  &C.),  as  the  blossoms  in  that  year 
had  severely  suifered  from  winds,  hail,  and  rain. 
The  celebration  was,  as  usual,  conducted  by  the 
oediles  (Cic.  tn  Verr.  v.  14  ;  Valer.  Max.  ii.  10.  §  8; 
Eckhel,  /.  c),  and  was  carried  on  with  excessive 
merriment,  drinking,  and  lascivious  games.  (Mart 


Ml  FOCITS, 

I.  3;  Senet  Epid.  96.)  From  Valenu*  Maximiu 
wu  iMm  that  th«imcal  and  tnimic  nepreatntationg 
formed  tL  ptincijuaX  j^art  bf  the  varictu  amuHments, 
and  tKat  it  wfu  cujitoiftary  for  the  afisci'ni bled  people 
on  thiB  oecnaioji  to  dcnand  ihe  female'  actcNrs  to 
appear  naked  on  tho  Kingc,  and  to  artiuse  the 
TnuJtitudc  with  thulr  indecent  geature*  and  dances. 
This  indcocncy  »  probaljlf  the  onlj  ground  on 
iv'bich  the  absurd  storir  of  its  origm,  rt^Jated  by 
IjM:tantiui  i/nstittii,  i.  20),  ia  founded.  Similar 
fe^tivali,  chiefly  in  Bl>Hng  and  ftutunin,  are  in 
southern  couutrit-s  aeaaous  fur  rejoicing,  imd,  as  it 
wei^i  called  forth  by  the  leason  of  ilie  year  itself, 
without  aiiy  distinct  connection  with  any  particu- 
lar dii-inity ;  they  aro  to  this  day  Tcry  f>opuIar  in 
Italy  (Voas.  itd  Virff,  fw'^orsf.  ii.  .lUS),  and  m  ancient 
limci  WQ  find  thetn  telebnited  from  the  &nuthem  to 
I  be  nonhem  extreni  ity  of  I  laly.  { See  A  N  th  b6PH0- 
RiA,  niid  Juatin.  iHii.  4.)  The  Floral  ia  were 
originally  fcstivaJA  of  the  country  pcopie,  which 
were  nftcrwardi|  in  Italy  as  in  Greece,  introduced 
iato  the  towni,  ^vhcre  they  naturally  a^uroed  a 
more  di^soliito  and  liettitiaLiB  character,  while  the 
country  peojile  eontinued  to  celebrate  theiu  in  their 
old  and  merry  but  innocent  manner.  And  it  is 
bigrhly  probable  that  ruch  festivals  did  not  become 
connected  with  the  worsbip  of  any  parti enlar  deity 
until  a  compamtively  bite  period.  (Buttmann, 
Mythdot}.  ii.  p,  54.)  This  would  afcoutit  for  the 
late  introduction  of  tlie  Floral  ia  at  Komti,  as  well 
as  for  the  tiianner  in  which  wo  And  them  celebrated 
there,  (See  Span  b  ci  ra,  Z/e  PraesL  et  L's  ^  Nmiism, 
ilp,U5,&c.)  1L,S.] 

FOCA^LK,  a  c£nrering  for  the  ears  sind  neck, 
made  of  wool  and  worn  W  infinn  and  delicate 
persona.  {Hot,  Sat  ii,  3*  26b  ;  Siinec.  Qu,  Nat, 
iY.  13;  QuintU.  xi.  3.  144  ;  U^ri.  I  121,  xiv. 
142,)  [J.  Y.l 

FOCUS,  dim.  FOTULUS  (ifrria:  iffxipoj 
iexftpi^t^iFft*  itrx^^o^)t  a  fire-plnce  ;  a  hearth  ;  a 
l>razier.  The  fire-place,  conaidered  aj  the  highest 
memlier  of  an  ill  tar,  is  described  under  A  it  A,  p.  116. 
iTscd  by  itself,  h  possesjsed  the  same  sEicred  cha- 
ttictef,  being,  among  the  Eomanij  d^dictted  to  the 
Laj*s  of  each  femilv,  (Plaut  ^tf/,  ii.  R,  1 6  ;  Cato, 
IM  M*t  Ruf^,  15  ;  Ov\A^FasL  ii.  5B9,  G\  1,  iil  423; 
J  LI  T.  li  i,  a  ,5—  95.)  It  n-fts,  n  cverthel  esa,  made  sub- 
servient to  all  the  requirementfl  of  ordinary  life. 
(Hor,  /^xKi.  ii,  43,  £:put.  i.  5.  7  \  Ovid,  J\m.  Tiii. 
673  ;  Sen,  A?  t'baj.  <id  Alb.  1.)  It  was  eometimes 
constructed  of  atone  or  brick,  in  which  cifie  it  was 
doTnted  only  i%  few  inchei  above  the  gn^und,  and 
retuained  on  the  same  spot  j  but  it  was  also  fre- 
quently made  of  branzc,  and  it  was  then  variously 
ornamented,  nnd  was  carried  continuaUy  from  place 
ti*  place.  This  mos-abk-bcartb,  or  brazier,  was 
properly  called  ykWus  and  iirxdpa.  Cine  h  shown 
at  p,  ]yO.  Another,  found  at  Caere  iu  Ktruria, 
and  preaerved  in  the  Brit  is  h  Museum,  is  repre- 
ftt'nted  in  the  annexed  woodcut. 


FOEDERATAB  CH^TATES. 

In  accordance  with  the  tentiments  of  Tenentu  { 
with  which  the  domestic  fire-place  was  regardei 
we  find  that  the  exerciae  of  hospitality  vij 
at  the  same  time  an  act  of  religious  worshq{ 
Suppliants,  stmngers,  all  who  sought  for  mere 
and  favour,  had  recourse  to  the  domestic  heartL  i{ 
to  an  altar.  (Hool  OtL  viL  153—169;  ApoL 
Rhod.  iy.  693.)  The  phniae  *^  pro  aris  et  fods 
was  used  to  express  attachment  to  all  thai 
most  dear  and  Tenerable.  (Cic  de  Nat  Dear,  h 
40  ;  Flor.  iiL  13.)  Among  the  Romans  the  focd 
was  placed  in  the  Atrium,  which,  in  primiiir^ 
times,  was  their  kitchen  and  dining-nxniL  (Vi/^.; 
Aen.  i  726  ;  Servios,  ad  loe.)  There  it  remained^ 
as  we  see  in  numerous  examples  at  Pompeii,  etq 
after  the  progress  of  refinement  had  led  to  the  m\ 
of  another  part  of  the  house  for  culinary  porpoft^l 
On  festivals  the  house- wife  decorated  the  heanhl 
with  garlands  (Cato,  De  Re  Rtut.  U3;  Orii 
TrisL  v.  5.  10) ;  a  woollen  fillet  was  lomeuiaei 
added.     (Propert  iv.  6.  1—6).  [J.  Y.] 

FOEDERA'TAE    CI  VITATES,     TOEDE-  j 
RA'TI,  SO'CII.    In  the  serenth  century  of  Rcase  l 
these  names  expressed  those  Italian  states  vhick  I 
were  connected  with  Rome  hy  a  trca^  (Jbedai).  \ 
These  names  did  not  include  Roman  colonies  cr  | 
Latin  colonies,  or  any  place  which  had  obtained  ' 
the  Roman  civitas.     Among  the  foedoati  wen  tbe 
Latuii,  who  were  the  most  nearly  related  to  the  | 
Romans,  and  were  designated  by  this  distmetiTe 
name ;  the  rest  of  the  foederati  were  comprise 
under  the  name  of  Socii  or  Foedeiati*.    They  were 
independent  states,  yet  under  a  general  liabflitr  to 
furnish  a  contingent  to  the  Roman  anny.    Tha 
they  contributed  to  increase  the  power  of  Rome, 
but  they  had  not  the  privileges  of  Roman  dtizenf. 
The  relations  of  any  particular  federate  lUte  to 
Rome  might  have  some  peculiarities,  bat  tbe  general 
rehition  was  that  expressed  above  ;  a  kind  of  con- 
dition, inconsistent  with   the  sovereignty  of  the 
federates,  and  the  first  stage  towards  oncoodictoital 
submission.     The  discontent  among  the  foederati, 
and  their  claims  to  be  admitted  to  the  pririleges  of 
Roman  citizens,  led  to  the  Social  War.    The  Jalk 
Lex  (B.a90)  gave  the  civitas  to  the  Socii  and 
Latini ;  and  a  lex  of  the  following  yearcontaiDed, 
among  other  provisions,  one  for  the  admissm  to 
the  Roman  civitas  of  those  peregrini  who  were 
entered  on  the  lists  of  the  citizens  of  federate  states, 
and  who  complied  with  the  provisions  of  the  lei. 
[Civitas.]     It  appears,  however,  that  the  Lei 
Julia,  and  probably  also  the  Lex  of  the  following 
year,  contained  a  condition  that  the  fedente  stste 
should  consent  to  accept  what  the  Leges  offered, 
or,  as  it  was  technically  expressed,  **  populos  fundus 
fieret''     iCic  pro  Balbo,  c  ^)    ThoK  who  did 
not  become  fundi  populi  did  not  obtain  the  ciiitas. 
Balbus,  the  client  of  Cicero,  wasacitiicnofGades, 
a  federate  town  in  Spain.     Cn.  Pompeiia  A/4?»«» 
had  conferred  the  Roman  civitas  cm  Balbus,  by 
virtue  of  certain  powers  given  to  him  by  a  lex. 
It  was  objected  to  Balbus  that  he  could  not  hsre 
the  civitas,  unless  the  state  to  which  he  belonged 
"  fundus  factus  esset ;  which  was  a  complete  mis- 
apprehension, for  the  term  fundns,  in  this  »em 
applied  to  a  whole  state  or  community,  whether 
federate  or  other  free  state,  which  accepted  what 
was  offered,  and  not  to  an  individual  of  such  staJ* 
or  community,  for  he  might  accept  *'**.^I![*" 
civitas  without  asking  the  consent  of  his  Ww* 
citixens  at  home,  or  without  all  of  them  receiTUij 


POLLIS. 
Ike  Mae  priTilegetltttwM  offered  to  himidl  The 
people  of  a  state  whicli  had  aoeepted  the  Roman 
dritu  (/imtiuM  yketma  €$i\  were  called,  in  reference 
to  their  condition  after  soeh  aceeptance,  **  fiindanl** 
Tbk  vord  only  oecms  in  the  Latin  inscription  (the 
Lex  Romana)  of  the  taUet  of  Heraclea,  L  85,  and 
fnrcB  that  tha  inacriptioii  ia  posterior  to  the  Lex 
Jolia  de  Civitate.  It  has  indeed  been  anppoaed 
that  the  word  may  nSer  to  the  aoeeptance  by  the 
sate  of  Hendea  of  thia  lex  which  ia  on  the  tablet ; 
bst  there  ia  no  donbt  that  it  refers  to  the  prior  lex 
vhich  gare  the  civitaa.     [Fitndub.] 

It  nmst  be  obaerred  that  the  acceptance  of  the 
two  Lefea  above  mentioned  could  only  refer  to  the 
f?<ktmte  •tales,  and  the  few  old  Latin  states.  The 
Latiaae  eoloniae  also  receiTed  the  ciritaf  by  the 
Jalia  Lex  ;  but  as  they  were  under  the  sorereignty 
of  Rome,  tb^r  oimaent  to  the  prorisions  of  this  lex 
vasDot  required. 

Before  the  passing  of  the  Julia  Lex,  it  was  not 
czrasaal  fcr  tbe  Sodl  and  Latini  to  adopt  Roman 
leges  into  their  own  system,  at  examples  of  which 
CicerD  mentions  the  Lex  Furia  de  Testamentis,  and 
the  Lex  Voconia  de  Mnlienun  Hereditatibns ;  and 
be  adds  that  tbere  were  other  instances.  (Pro 
Ba&o^  c.8.)  In  snch  cases,  the  state  which 
adopted  a  Roman  lex  was  said  *  in  earn  legem 
fsadoA  fieri**  It  hardly  needs  remark  that  the 
ttue  which  adopted  a  Roman  lex,  did  not  thereby 
obtain  lor  ita  citizens  anj  privileges  with  respect 
to  tbe  Roman  state:  the  federate  state  merely 
adopted  the  prorisions  of  the  Roman  lex  as  being 
applicahle  to  ita  own  drcomstances. 

An  apparent  difiicnlty  is  caused  by  the  undoubted 
bd,  tint  the  ptorisions  of  the  Lex  Julia  required 
that  the  states  which  wished  to  avail  themselves 
d  its  benefita,  ahould  consent  to  accept  them.  As 
lae  federate  states  commenced  the  war  in  order  to 
ebtsin  the  ci-ritaa,  it  may  be  asked  why  was  it 
prrra  to  them  on  the  condition  of  becoming  **  fun- 
dus ?^  In  addition  to  the  reasons  for  such  con- 
dition, whicb  are  suggested  by  Savigny,  it  may  be 
&Wrred  that  tbe  lex  only  expressed  in  terms  what 
wGsJd  nec^aarily  hare  been  implied,  if  it  bad  not 
b«ea  erpressed :  a  federate  state  must  of  necessity 
decUre  by  a  pablic  act  its  consent  to  accept  snch  a 
proposal  as  was  contained  nn  the  Lex  Julia.  It 
appears  from  tbe  cases  of  Heracles  and  Naples, 
that  the  citizens  of  a  federate  state  were  not  in  all 
ca»«  unanimons  in  changing  their  former  alliance 
vitk  Rome  into  an  incorporation  with  the  Roman 
sta&e.    [CiriTAR] 

There  were  federate  cities  beyond  the  limits  of 
Italy,  as  shown  by  the  example  of  Gades :  Sagun- 
tam  and  Massilia  also  are  enumerated  among  such 
citiei.  (Sarigny,  FolArweklmss  der  Ta/el  Von  Hera- 
d^ZeHaekri/tj  Ac.  vol.  ix. ;  Mazochi,  Tab.  fferae, 
^*65.)  [G.L.] 

FOEDUSu       [FOBDBRATAX   CiVITATES.] 

FOENUS.     [Fknus.] 

FULLIS,  dim.  FOLLI'CULUS,  an  inflated 
Wl  of  leather,  perhaps  originally  the  skin  of  a 
qnadniped  filled  with  air:  Martial  (ir.  19)  calls 
It  *»  light  ss  a  feather.**  Boys  and  old  men  among 
the  Romans  threw  it  from  one  to  another  with 
tbeir  anns  and  hands  as  a  gentle  exercise  of  the 
Wt,  unattended  with  danger.  (Mart  xil.  31, 
n^.  46,  47  ;  Athcn.  L  26.)  The  emperor  Au- 
pistM  (Soct  Juff.  83)  became  fond  of  the  exercise 
M  he  grew  old.      (See   Becker,  Gaflus,  voL  L 


FONS. 


643 


Tbe  tennJhBu  is  also  applied  to  a  leather  parse 
or  bag  (PUut  Aul.  il  4.  23  ;  Jut.  xir.  281)  ;  and 
the  diminutire  fbUiotdui  to  the  swollen  capsule  of 
a  plant,  the  husk  of  a  seed,  or  anything  of  similar 
appearance.  (Senec  NaL  Qitamt.  t.  18  ;  TertulL 
£h  Het.  Oarm,  62.) 

Two  inflated  skins  (96o  ^^oi,  Herod.  L  68  ; 
C^iKvpa,  Kphor.  Frag.  p.  188  ;  »^ir<rri»p«»,  ApolL 
Rhod.  ir.  763,  777),  constituting  a  jiair  of  beUow^ 
and  baTing  Talres  adjusted  to  the  natural  apertures 
at  one  part  for  admitting  the  air,  and  a  pipe  in- 
serted into  another  part  for  its  emission,  were  an 
essential  piece  of  furniture  in  every  foige  and  foun- 
dry. {Jl  XTiii  372—470  ;  Viig.  Am.  viii.  449.) 
According  to  the  nature  and  extent  of  the  work 
to  be  done  the  bellows  were  made  of  the  hides  of 
oxen  {tawrkni  foUibtu^  Virg.  Gtorg.  ir.  171),  or  of 
goats  {hireuuM^  Hor.  Sat.  14.  19),  and  other 
smaller  animals.  The  nozzle  of  the  bellows  was 
called  iucpo^^uuf  or  iuepoirrdfAtop  (Thucyd.  iv. 
100  ;  Eust  in  IL  xriii  470).  In  bellows  made 
after  the  fiuhion  of  those  exhibited  in  the  lamp 
here  introduced  from  Bartoli  {AuL  Lmeeme^  iii.  21 ), 
we  may  imagine  the  skin  to  have  been  placed  be- 
tween the  two  boards  so  as  to  produce  a  machine 
like  that  which  we  now  employ.  [J*  Y.J 


FONS  (Kffiiyri\  signifies  originally  a  natural 
spring  of  water,  but  both  the  Greeks  and  Romans 
had  artificial  fountains,  made  either  by  covering 
and  decorating  a  spring  with  buildings  and  sculp- 
ture, or  by  making  a  jet  or  stream  of  water,  sup- 
C"  id  by  an  elevated  cistern,  play  into  an  artificial 
in.  Such  fountains  served  the  double  purpose 
of  use  and  ornament  Among  the  Greeks,  they 
formed  the  only  public  supply  of  water  except  the 
min- water  which  was  collected  in  cisterns  [Aquak- 
DUCTUs] ;  and  at  Rome,  the  poorer  people,  who 
could  not  afford  to  have  water  laid  on  to  their 
houses,  no  doubt  procured  it  from  the  public  foun- 


Several  examples  of  natural  springs,  converted 
into  ornamented  fountains,  in  the  cities  of  Greece, 
have  been  mentioned  under  Aquaxductus.  They 
were  covered  to  keep  them  pure  and  cool,  and  the 
covering  was  frequently  in  the  form  of  a  monopterel 
temple :  ,there  were  also  statues,  the  subjects  of 
which  were  suggested  by  the  circumstance  that 
every  fountain  was  sacred  to  some  divinity,  or  they 
were  taken  from  the  whole  range  of  mythological 
legends.  That  at  Megara,  erected  by  Theagenes, 
is  described  by  Pausanias  as  worth  seeing  for  its 
size,  its  beauty,  and  the  number  of  its  columns  (I 
40.  §  1).  That  of  Peirene  at  Corinth  was  adorned 
with  covered  cisterns  of  white  marble,  like  grottoes, 


eu  PONS. 

cmt  of  wliicli  the  water  flowed  into  the  opcir'Cir, 
and  with  a  itAtiic  of  Apt^H^j,  and  w<ui  onclo^cd  with 
a  wall,  on  whicli  was  paititcd  the  Bluughttif  cf  the 
■uiton  hy  Uly8*«.  (Paui.  ii.  ^  g  3  j  »e?5  u  jiajjer 
by  Otittliiig,  oa  the  ptesent  atfito  of  thii  founUiLn, 
uid  of  the  CVciiidoi^  with  an  engmTiiig  of  tlie  source 
of  the  Peircne,  m  Ocrhard't  Arch(iokiin»che  Zestuny 
for  J  044,  pp.  32G,  328  ;  the  eiigmvinj?  u  given  be- 
low, )    Corinth  contuued  Jiiiuieroui  tithdr  foun uii n  j  ; 


OTH  one  of  whkh  wa«  a  sUituo  of  Bf^Ilpnophon  and 
Pegfuun,  wUh  ttiic  w^tt^r  dimming  oiJt  of  the  horsed 
hoofj  (/A.  g  i);  ov(*r  another,  thrit  of  Olauco,  wm 
the  Odeium  {Ik  §  f>) ;  nnd  another  f^Tui  nilfirned 
with  a  broi^iiEe  amtucof  Puafidou,  wl\\\  a  dulfiliiii  at 
bU  feet,  out  of  the  mouth  of  h  lich  the  wnttr  liu'i^c'd. 
(Fans.  iL  2.  ^  7^  a.  H.)  In  tht'  aaine  cityf  was 
another  fotrntjiin  an  a  «iitl  gmudt-r  %aih  ;  iimndj, 
that  of  Le^n!^  which  wai  durruunddd  by  a  calrintiade 
with  i«iti  UiT  ihoic  who  dfslrcd  a  coal  retreat  in 
iummer  ;  the  water  wna  nti  doiibt  t^llectfd  in  ■ 
ipocitms  \im\i\  in  tlie  centfe.  (/^^  4.  g  5.  s.  6  ;  see 
also  5.  I  L)  Seveml  nthfr  fnuntajna  of  a  limilar 
kind  to  these  are  deacribod  or  refMred  to  hy  Paysa- 
nla*  (ii,  27^  k.  31,  3:i,  34,  vii.  5,  21,  viii,  1), 
among  which  two  dfscrte  ipecial  tut-'Htion,  m  they 
were  Within  tcniiitca  ;  namely,  thrit  in  the  tutu  pie 
<*f  Erechtheus  at  Athens,  and  of  Poseidon  at  Mai^ 
tin  I' in,  which  were  ualt- water  f  prints  (i  2ti.  §  5^ 
viii,  10.  §  4),  VUruviiiji  rncntinn«  liie  fomitaiJi  of 
Sftlnmcu  Si  amoni^  the-  adnnmhlL'  worki  of  art  at 
Hnlicnmaxiius.  (iu  S.  §  12.) 

The  Romans  al*o  erected  tdificcs  of  TFOiiDiia  iJe- 
gref'B  of  apleiidonr  over  nahii'oJ  «pringa,  such  a^  the 
welUknown  gmtto  of  Eguria,  mar  Home,  where 
the  nninml  cave  is  converted  hy  tlie  archiieet  into 
A  iort  of  temple  (ennip.  PI  in.  it.  N.  xxx^L  IL 
t.42).,  and  ihui  bnptisteHtitti  of  Conatantinc.  A 
vlmj^le  tjiede  of  dfcoraun^  less  coniidt^rableiprings 
-wiu  hy  covering  them  witlj  a  vnu^t,  in  the  top  of 
whleh  wat  on  optsumg^  surrounded  by  a  baluatnide, 
or  tij  a  U>w  wall  adorned  with  marble  bos  reliefit, 
one  ejcample  of  which,  among  many,  h  aeon  in  a 
relief  peprcseiuiijg  the  tWL'he  gundi,  now  in  the  Capi- 
fcolino  Muaeum*  la  all  taspts  a  rislem  was  Ciin- 
ilructed  to  conUin  the  waier,  either  by  cutting  it 
out  of  Iho  living  rock,  or  (if  the  spring  did  not  rise 
out  of  rock)  by  huUdinjif  it  of  miisor3r>\  Vitruviu* 
di^umea  at  length  the  diflerent  inrta  of  tprings, 
nnd  gJTei  minute  rules  for  testirg  the  goodness  of 
tb«  ipnng,  and  for  the  oondtruetion  of  the  tistcme 
(vLll  3*  7),  The  obBervotions  of  Vitruvius  apply 
chiefly  tii  those  spriujp  and  cii^tcfiii  which  formed 
the  sources  of  the  aqueducts* 

At  Romp,  a  very  lai-ge  ppopoftjon  of  tha  im- 
mense supply  of  water  brought  to  tho  city  by  the 
aquedueUi,   was  devoted  ta   the  ptiblic  fountains. 


FONS. 
which  were  diyided  into  two  danet  ;  nameh 
laauy  ponds  or  reserroirs,  and  taliemtes^  jf'U  c 
water,  besides  which  many  of  the  casteUk  ver 
so  constructed  as  to  be  also  fountains.  (See  Aq  r  ji  e 
DUCTUS,  p.  114,  b,  and  the  woodcut)  A  grippe 
who  daring  his  aedileship  paid  special  attection  t 
the  restoration  of  the  R<nDaa  waterworks,  is  said  t 
have  constructed  700  lacus^  105  taliemtes^  and  I Z*. 
oastella^  of  which  very  many  were  magnificentJi 
Adorned  ;  they  were  decorated  with  300  bronn 
or  marble  statues,  and  400  marble  colnmna.  (  PI  in 
H.N.xxxvl  15.  S.24.  §9.)  There  were  al^sf 
many  small  private  fountains  in  the  houses  and 
vilbs  of  the  wealthy.  (Plin.  JE^pis*.  r.  6.)  Al 
Pompeii,  the  fountains  are  extremely  nuineroiu 
and  that  not  only  in  the  streets  and  public  places, 
especially  at  the  junctions  of  streets  (in  biriis,  in 
triviu)  ;  but  also  in  private  houses.  The  engrax-iDg 
on  p.  109  represents  a  section  of  one  of  these  foun- 
tains, in  which  the  water  pours  into  a  basin  ;  thzt 
now  given,  in  which  the  water  is  thrown  up  in  a 
jet,  is  taken  from  an  arabesque  painting  on  the  ^-M 


of  a  house  at  Pompeii :  in  the  paintings  the  vase  and 
pedestal  rise  out  of  a  sheet  of  water,  which  may 
he  supposed  to  represent  the  impluvium  m  the 
atrium  of  a  house.  (Respecting  die  fountains  r>( 
Pompeii,  see  Pompeii,  vol.  i.  p.  131,  tcH.  ii.  pp.  71, 
78,  and  Sir  W.  Gell's  Pompeima^  toL  i.  pp.  390, 
395,  plates  50,  53.)  The  proof  which  these  foun- 
tains afford,  of  the  acquaintance  of  the  ancienti 
with  the  chief  hiw  of  hydrostatics  is  noticed  under 
Aquaxductus,  p.  109. 

The  forms  given  to  fountains  were  as  numerous 
as  the  varieties  of  taste  and  fancy.  The  large  fiat 
Tases  were  a  common  form,  and  they  are  found,  of 
5,  10,  20,  and  30  feet  in  diameter,  cut  out  of  a 
single  piece  of  some  hard  stone,  such  as  porphrrT, 
granite,  basanite,  breccia,  alabaster  and  marble.  An 
ingenious  and  elegant  variety,  of  which  there  is  & 
specimen  in  the  Capitoline  Museum,  is  a  tripod,  up 
the  centre  of  which  the  jet  passes,  the  I^  being 
hollow  to  carry  off  the  water  again.  Very  oft«i 
the  water  was  made  to  flow  out  of  bronze  statues 
especially  of  boys,  and  of  Tritons,  Nereids,  Satyrs, 
and  such  beings  :  several  of  these  statues  have  l<en 
found  at  Pompeii ;  and  four  of  them  are  engraved 
in  Pompeii,  vol.  i.  p.  104,  one  of  which  is  given  be- 
low. On  the  Monte  Cavallo,  at  Rome,  is  a  colof?al 
statue  of  a  river  god,  probably  the  Rhine,  which 
was  formerly  in  the  forum  of  Augustus,  which  it 
refreshes  with  a  stream  of  water  pouring  con- 
tinually into  a  basin  of  granite  twenty  seven  fi-ft 
in  duimeter.  The  celebrated  group,  known  as 
the  Torn  Fnmese,  originally,  in  Hirt^  opinion, 
adorned  a  fountain.     Mythological  subjects  wer« 


FORFEX. 


atao  ■cQ^ytnzcd  orer  the  fbuntaint,  m  among  the 
Greeks ;  thos  at  Rome,  there  were  the  fountaim 
fi'  Gaajmedeuxd  Prometheiu,  and  the  Nymphacam 
cf  Jttpiter.  (Stiegliti,  ArekOoL  d.  Bauhaut,  vol.  il 
r«- 2.  pp.  76, 79;  Hirt,Z«l«<fcrGWa«fe,pi).399, 

FORCEPS  («v/Mfxpa),  tongs  or  pincera,  need 
ao  farther  explanation  here,  as  they  were  uaed  in 
aadqaity  for  the  same  purpoees  at  they  are  in 
modem  thnea.  They  were  invented,  as  the  ety- 
■idagy  indicates,  for  taking  hold  of  what  is  hot 
{fanmm^  Festns,  j;  «. ;  Senrius,  ad  Virg.  Georg. 
IT.  1?5,  Ae^ym.  463,  xiL  404),  used  by  smiths, 
aad  tkerefore  attribated  to  Volcan  and  the  Cy- 
cles. (Viig.  IL  OR  ;  Horn.  JL  rviil  477,  Od. 
ni.  434  ;  Callim.  mDd.  144  ;  y&nj^ cwtw,  Ovid, 
Jfet  xn.  277.)     [Incus  ;  Malleus.! 

FORES.    [Janua.] 

FORFEX,  dimi,  FORFICULA  (^(f,  dim, 
ii*>^*m\  shears  (Serv.  m  Fwy.  Aem.  viii.  453), 
Q»ed,  1.  m  shearing  sheep,  as  represented  in  the 
aaaexed  woodcot,  which  is  taken  from  a  carnelian 


b  the  Stoteh  collection  of  antique  gems  at  Berlin  ; 
i  m  eattmg  hair  (Eurip.  OresL  954  ;  Schol.  m  loc. ; 
Jwnick,  Awd.  ill  9  ;  Virg.  Catal.  viL  9  }/«rro 
wrai,  Qcrit,  213);  8.  in  clipping  hedges,  myrtles, 
and  other  shrabs  (ifnGcAurroi  fiv^iy&Fts,  Uierocles, 
oP'  ^ob.  Serm.  65.) 

In  military  manoeuvres  the  forfex  was  a  tenaille, 
»■  €.  a  body  of  troops  arranged  in  the  form  of  an 
aeite  angle,  so  as  to  receive  and  overcome  the  op- 
Pfite  body,  called  a  Cnneus.  (GeE.  x.  9  ;  Amm. 
MaicxvlJl.) 

In  arehitectore  the  term  ^oKit  denoted  a  con- 
junction which  was  probably  the  origin  of  the  arch 
<Ma«nlloch^  WetL  Idands^  i.p.  142,  iii.  p.  49), 
wnaiitingrf  two  stones  leaning  against  each  other 


FORNACALIA.  545 

so  as  to  fi>nn  an  acute  angle  overhead,  as  is  seen 
in  the  entrance  to  the  pyramid  of  Cheops  and  in 
the  ruins  of  Mycenae ;  and  gradually  brought  nearer 
to  the  forms  which  we  now  em^oy.  (See  woodcut, 
p.  125.)  (PhU.Z>sJ:;ssr.  xiip.292.ed.Bekker; 
Diod.  Sic  ii.  9.)  [J.  Y.j 

FORI.  [Navm  ;  Circus^  p.  283,  b.J 
FORMA,  dim,  FORMULA,  sboom/  dim,  FOR- 
MELLA  (t^os),  a  pattern,  a  mould  ;  any  con- 
trivance adii4)ted  to  convey  its  own  shape  to  some 
plastic  or  flexible  material,  including  moidds  for 
making  pottery,  pastry,  cheese,  briclu,  and  coins. 
The  moulds  forooins  were  made  of  a  kind  of  stone, 
which  was  indestructible  by  heat  (Plin.  H.  N, 
xxxvi.  49.)  The  mode  of  pouring  into  them  the 
melted  metal  for  casting  the  coins  will  be  best 
understood  from  the  annexed  woodcut,  which  rts 
presents  one  side  of  a  mould,  engraved  by  Serooz 


d^Agincourt  Moulds  were  also  employed  in  making 
walls  of  the  kind,  now  called  pi»l^  which  were 
built  in  Africa,  in  Spain,  and  about  Tarentum. 
(Varro,  De  Re  Rust.  I  14  ;  Pallad.  L  34  ;  fMrietea 
/brmaeei,  Plin.  H.  N.  xxxv.  48.)  The  shoe- 
maker's hist  was  also  called y?)r»»a  (Hor.  SaL  ii.  3* 
106)  and  tenttpeUiwn  (Festus,  s.  ».),  in  Greek 
koXAtovs,    (Phito,  Oonviv.  p.  404,  ed.  Bckker.) 

The  spouts  and  channels  of  aquaeducts  are  called 
formae^  perhaps  from  their  resembhmce  to  some  of 
the  moulds  included  in  the  above  enumeration. 
(Frontin.  De  AquaeducL  75,  126.)  [J.  Y.] 

FO'RMULA.     [Actio.] 

FORNACA'LIA,  a  festival  in  honour  of 
Fornax,  the  goddess  of  funiaces,  in  order  that  the 
com  might  be  properly  baked.  (Festus,  $.  v.)  This 
ancient  festival  is  said  to  have  been  instituted  by 
Numa.  (Plin.  H,  AT.  xviii.  2.)  The  time  for  its 
celebration  was  proclaimed  every  year  by  the  Curio 
Maximus,  who  announced  in  tablets,  which  were 
placed  in  the  forum,  the  difftrent  part  which  each 
curia  had  to  take  in  the  celebration  of  the  festival. 
Those  persons  who  did  not  know  to  what  curia 
they  belonged,  performed  the  sacred  rites  on  tho 
Qutrinalioj  called  from  this  circumstance  the  Stul- 
torum  feriae^  which  fell  on  the  last  day  of  the 
Fomaodia.  (Ovid,  Fcw/t,  ii  527  ;  Varro,  DtUmg, 

N  N 


546 


FORNAX. 


FORUM 


IaH.  vi.  13,  with  MUller'i  note  ;  Festus,  «.  v. 
Quirinaliay  Stultor.  feriae.) 

The  Fornacalia  continued  to  be  celebrated  m 
the  time  of  Lactantiua.  (Lactant  i.  20.) 

FORNAX,  dim,  FORNA'CULA  (kA^iivos, 
dim.  Ka/jdyiop\  a  kihi ;  a  furnace.  The  constroc- 
tion  of  the  kilns  used  for  baking  earthenware 
[Fictile]  may  be  seen  in  the  annexed  woodcut, 
which  represents  part  of  a  Roman  pottery  discovered 
at  Castor,  in  Northamptonshire.  (Artis's  Duro- 
hrime.,  Lend.  1828.)  The  dome-shaped  roof  has 
been  destroyed  ;  but  the  flat  circular  floor  on  which 
the  earthenware  was  set  to  be  baked  is  preserved 
entire.     The  middle  of  this  floor  is  supported  by  a 


thick  column  of  brick-work,  which  is  encircled  by 
the  oven  (JumnB^  kXISovos),  The  entrance  to  the 
oven  (prae/ui-nium)  is  seen  in  front  The  lower 
part  of  a  snielting-fumace,  shaped  like  an  inverted 
bell,  and  sunk  into  the  earth,  with  an  opening  and 
a  channel  at  the  bottom  for  the  discharge  of  the 
melted  metal,  has  been  discovered  near  Aries. 
(Florencourt,  uber  die  Ber^ioerhe  der  AUen^  p.  30.) 
In  Spain  these  furnaces  were  raised  to  a  great 
height,  in  order  that  the  noxious  fumes  might  be 
carried  off.  (Strabo,  iil  2.  p.  391,  ed.  Sieb.)  They 
were  also  provided  with  long  flues  (longimptaefyr' 
nods  cttmculoj  Plin.  H,  N".  ix.  62^  and  with  cham- 
bers (comerue)  for  the  purpose  of  collecting  more 
plentifully  the  oxides  and  other  matters  by  subli- 
mation (Ibid,  xxxiv.  22.  33—41).  Homer  de- 
scribes a  blast-furnace  with  twenty  crucibles 
(Xoayol,  //.  xviii.  470).  Melting-pots  or  crucibles 
have  been  found  at  Castor  (Artis,  pi.  38),  and  at 
different  places  in  Egypt,  in  form  and  material 
very  like  those  which  we  now  employ.  (Wilkin- 
son, Man.  and  Oust,  vol  iii.  p.  224.)  A  glass-house, 
or  furnace  for  making  glass,  was  called  dcXovpycTov. 
(Dioscor.  V.  182.) 

Furnaces  of  an  appropriate  construction  were 
erected  for  casting  large  statues  of  bronze  (Claud. 
De  Laud,  Stil.  ii.  176),  and  for  making  lamp-black. 
(Vitruv.  vii.  10.)  [Atr amentum.]  The  lime- 
kiln {Jbmaae  oaloaria)  is  described  by  Cato. 
(De  Rb  Rust.  38  ;  see  also  Plin.  H.  N,  xvii.  6  ; 
Vitruv.  viL  3.)  On  the  mode  of  heating  baths, 
see  p.  193. 

The  early  Romans  recognized,  under  the  name 
of  Fornax,  a  divinity  who  presided  over  ovens  and 
furnaces  [Fornacalia].  [J.  Y.J 


FORNIX,  in  its  primary  sense,  is 
with  Arcus  (Senec  Ep,  90),  but  mm 
implies  an  arehed  vault,  constituting  b 
ceiling  to  the  apartment  which  it  em 
Top.  4.)  It  is  composed  of  a  aeaaej] 
oblong  arch  like  the  Camera,  but  dift 
construction,  consisting  entirely  of  stc 
whereas  the  other  was  formed  upon  a 
of  wood,  like  the  skeleton  of  a  si 
Juffurth,  18 ;  Suet  Nero,  34 ;  Camrr 
which  methods  appear  to  have  bea 
united,  as  in  the  roof  of  the  Tullinnm 
by  Sallust  (Cat.  55),  where  the  ribs  of 
were  strengthened  by  alternate  coon 
arches.* 

From  the  roof  alone,  the  same  wc 
signify  the  chamber  itself,  in  which  i 
signates  a  long  narrow  vault,  covered 
of  brick  or  masonry  (ieetwaiyonueatum 
those  which  occupy  the  ground  floors  of 
Roman  palaces.    Three  soch  cells  are 
in  the  annexed  woodcnt,  from  the  re 
vilhi  at  Mola  di  Gaieta,  which  passes  fo 
mian  Villa  of  Cicero.    They  are  oOTered 
with  a  coating  of  stucco,  tastily  oraarat 
painted  in  streaka  of  axnre,  pink,  and  ye 


Being  small  and  dark,  and  situated  upon  tk 
level  of  the  street,  these  vaults  were  occaioed  1>t 
prostitutes  (Hot.  Sat.  L  2.  30  ;  Juv.  Sat  iii.  156 ; 
xl  171  ;  compare  Suet  JvL  49),  wfaeace  moh 
the  meaning  of  the  word  /ondoatio  in  the  eccle- 
siastical writers,  and  its  English  derivation. 

Fornix  is  also  a  sallyport  in  the  wslli  (U^- 
xxxvi.  23  ;  compare  xliv.  11)  ;  a  trinmphal  arcb 
(Cic.  De  Orat.  ii.  66)  ;  and  a  street  in  Bmt,  whicH 
led  to  the  Campus  Martina,  was  called  Vis  Fcr- 
nicata  (Liv.  xxiL  36),  probably  on  acconntof  tk^ 
triumphal  arches  built  across  it  [A.  B.] 

FORUM.  As  the  phm  of  the  preseit  wri 
does  not  include  a  topographical  description  of  ife' 
various  fora  at  Rome,  the  following  article  wf 
contains  a  brief  statement  of  the  porposw  *i»3 
they  served. 

Forum,  originally,  signifies  an  open  place  {off^^ 
before  any  building,  especially  before  a  sepdcnui 
(Festns,  $.v.  ;  Cic.  De  Le^.  n.  24),  and  weais, 
therefore,  etymologically  to  be  connected  with  t^" 
adverb  foraa.  The  characteristic  features  of  a  K^h 
man  forum  were,  that  it  was  a  Icfelled  spaw  "• 


*  "  TuUianum  ....  muniunt  nndiqne  parictwj 
atque  insuper  Camera,  lapideis  fomidbuf  nDco." 
If  the  stone  chamber  now  seen  at  Rome  under  m 
Mammertine  prisons  was  really  the  TuUianun,  « 
conmionly  auppoaed,  it  is  not  oonstziKfed  m  the 
manner  deacribed  ;  being  neither  otoMratam  D"^ 
fomicaium,  but  consisting  of  a  orcular  dome,  ftn^d 
by  projecting  one  course  of  stones  bejond  tv 
course  below  it,  like  the  treasury  rf  Atw>»  »* 
Mycenae,  deacribed  at  pi  125.    [Arcos.] 


)RUM. 

in,  and  snironnded  bj  bnild- 
tailicae  or  porticoes.  (Vitniv. 
nally  used  as  a  place  where 
."vd,  and  where  goods  were 
''arro,  De  Umg.  LaU  y.  145, 
^  accordingly  to  distingmsh 
f  fora  ;  of  which  some  were 
o  commercial  purposes,  and 
ea,  while  others  were  places 
ipolar  aasemblj,  and  for  tlie 
Mercantile  business,  however, 
duded  from  the  latter,  and  it 
ikers  and  usurers  who  kept 
Idings  and  porticoes  by  w^hich 
.  The  latter  kinds  of  fora 
forajitdidalia^  to  distinguish 
larkot-places. 

idicialia  the  most  important 
«■»,  which  was  simply  called 
vas  the  only  one  of  its  kind 
ae.     At  a  late  period  of  the 
the  empire,  w^hen  other  fora 
^  the  Forum  Romanum  was 
hem  by  the  epithets  vetus  or 
ituated  between  the  PaUtine 
ilia,  and  its  extent  was  seren 
jag^a,  whence   Varro  {De  Re  Rust.  L  2)  calls  it 
tkc  "^  Septem  jagera  forensia.**     It  was  originally 
a  saramp  or  nyarsh,  but  was  said  to  have  been  filled 
up  by  Romal'ia  and  Talius,  and  to  have  been  set 
^pon  aA  a  place  for  the  administration  of  justice, 
i  T  boldiiu^  the  aasemblies  of  the  people,  and  for 
in*-  uatuaction  of  other  kinds  of  public  business. 
;  Dioo.  HaL  Ami.  Rom.  iil   p.  200,  compare  ii.  p. 
TiX  Sylbnrg.)     In   this  widest  sense  the  forum 
iricludt^  the  comitium,  or  the  place  of  assembly 
f  .r  the  curiae  (Varro,  De  Ling.  LaL  v.  155,  Muller), 
T  hich  was  separated  from  the  forum  in  its  narrower 
i'mse.  or  the  place  of  assembly  for  the  comitia  tri- 
luu,  by  the  Rostra.    (Niebuhr,  Hist,  of  Rome^  i. 
p,  -25*1.  not<>  746,  and  p.  426.  note  990  ;  Walter, 
iic^itdL.  da  Rom.  Rechts^  p.  83  ;  Gottlmg,  Gesch.  der 
Ji^A.  tsinatsverf.  p.  155.)      These  ancient  rostra 
larere  an  elevated  space  of  ground  or  a  stage  {sug- 
K)irAmnL\  from  which  the  orators  addressed  the  peo- 
pU\  axKi  which  derived  their  name  from  the  circum- 
^L^Lace  that,  after  the  subjugation  of  Latium,  its 
iA^  woe  adorned  with  the  beaks  (^rostra)  of  the 
fchips  of  the  Antiates.     (Liv.  viii.  14.)      In  subse- 
quent tunes,  when  the  curiae  had  lost  their  iraport- 
aDce^  the  accurate   distinction  between  comitium 
aud  6ffum  likewise  ceased,  and  the  comitia  tributa 
were  somedmes  held  in  the  Circus  Flaniinius  ;  but 
toft-ardf  the  end  of  the  republic  the  forum  seems  to 
have  teen  chiefly  used  for  judicial  proceedings,  and 
2»  a  moQnr  market ;  hence  Cicero  (^De  OrtU.  i.  36) 
distinj^uishes  between  a   speaker  in   the  popular 
a^^mbly  {orator)  and  the  mere  pleader :  **  Ego 
istos  Don  modo  oratoris  nomine,  sed  nc  foro  quidem  , 
d5^;%«  putarim.**     The  orators  when  addressing 
th<-  people  from  the  rostra,  and  even  the  tribunes 
i        of  tbe  people  in  the  early  times  of  the  republic,  used 
{        to  front  the  comitium  and  the  curia  ;  but  C.  Grac- 
chus (PluL  C.  GracfA.  5),  or,  according  to  Varro 
{Ik  lU  RmsL  L  2)  and  Cicero  {De  Amicit.25),  C. 
Liciiiias,  mtxx>duced  the    custom    of  feeing    the 
^        fimuB,  thereby  acknowledging  the  sovereignty  of 
tbe  people.     In  308  B.C.  the  Romans  adorned  the 
fonuQ,  or  rather  the  bankers'  shops  {argentarias) 
sroond,  with  gilt  shields  which  they  had  taken 
izoai  the  Samuitct ;  aad  this  custom  of  adorning 


FRAME  A.  617 

the  forum  with  those  shields  and  other  ornaments 
was  subsequently  always  observed  during  the  time 
of  the  Lud.  Romani,  when  the  Aedilcs  rode  in 
their  chariots  {tensae)  in  solemn  procession  around 
the  forum.  (Liv.  ix.  40  ;  Cic.  in  Verr.  i.  54,  and 
iii.  4.)  After  the  victory  of  C.  Duiliiis  over  the 
Carthaginians  the  forum  was  adorned  with  the 
celebrated  columna  rostrata  [Column a].  In  the 
upper  port  of  the  forum,  or  the  comitium,  the  laws 
of  the  Twelve  Tables  were  exhibited  for  public 
inspection,  and  it  was  probably  in  the  same  part 
that,  in  304  a  c,  Cn.  Flavius  exhibited  the  Fasti, 
written  on  white  tables  (i«  aUxi\  that  every  citizen 
might  be  able  to  know  the  days  on  which*  the  law 
allowed  the  administration  of  jiuttice.  (Liv.  ix.  46.) 
Besides  the  ordinary  business  which  was  carried 
on  m  the  forum,  we  read  that  gladiatorial  games 
were  held  in  it  ( Vitmv.  v.  1, 2),  and  that  prisoners 
of  war  and  faithless  colonists  or  legionaries  were 
put  to  death  there.  (Liv.  vii.  19,  ix.  24,  xxviii. 
28.) 

A  second  forum  judiciariimi  was  built  by  J. 
Caesar,  and  was  called  Forum  Cae$aris  or  Julii. 
The  levelling  of  the  ground  alone  cost  him  above 
a  million  of  sesterces,  and  he  adorned  it  besides 
with  a  magnificent  temple  of  Venus  Gcnitrix. 
(Suet  J.  Goes.  26  ;  Plin.  H.  N.  xxxiv.  15  ;  Dion 
Cass,  xliii.  22.) 

A  third  forum  was  bu'lt  by  Augustus  and  called 
Forum  Jugusti,  because  the  two  existing  ones 
were  not  found  sufficient  for  the  great  incre.is.'  of 
business  which  had  token  place.  Augustus  adorned 
his  forum  with  a  temple  of  Mars  and  the  statues 
of  the  most  distinguished  men  of  the  republic,  and 
issued  a  decree  that  only  the  judicia  puUica  and 
the  eortitiones  judicum  should  take  place  in  it 
(Suet  Octav.  29  and  31  ;  compare  Dion  Cass.  Ivi. 
27  ;  Plin.  //.  .V.  /.  c. ;  VelL  Pat  ii.  39  ;  Ovid,  Kjc 
Pont.  iv.  15,  16  ;  Martial,  iii.  38.  3;  Seneca,  De 
Ira.,  ii.  9  ;  Stat  Sih.  iv.  9.  1 5.)  After  the  Forum 
Augusti  had  severely  suffered  by  fire,  it  was  re- 
stored by  Iladrianus.  (Acl.  Spart  lladr,  c. 
19.) 

The  three  fora  which  have  been  mentioned  seem 
to  have  been  the  only  ones  that  were  destined  for 
the  transaction  of  public  business.  All  the  other.n, 
which  were  subsequently  built  by  the  emp  rors, 
such  as  the  Forum.  Trajani  or  Ulpium^  the  Forum 
Sallusiiij  Forum  Diodeiiani,  Forum  Aureliani^  &c., 
were  proliably  more  intended  as  embellishments  of 
the  city  than  to  supply  any  actual  want 

Different  from  these  fora  were  the  numerous 
markets  at  Rome,  which  were  neither  as  large  nor 
as  beautiful  as  the  former.  They  are  always  dis- 
tinguished from  ono  another  by  epithets  expressing 
the  particular  kinds  of  things  which  were  sold  in 
them,  e.g.  forum  boarium,  according  to  Festus,  the 
cattle-market ;  according  to  others,  it  derived  the 
name  boarium  from  the  statue  of  an  ox  which  stood 
there  (Plin.  If.  N.  xxxiv.  2 ;  Ovid,  Fast,  vi.477); 
forum  oliiorium,  the  vegetable  market  (Varro,  De 
Ling.  Lot.  v.  146);  forum  piscarium^  fish-market ; 
forum  cupedinisy  market  for  dainties  ; /brum  co- 
quinum^  a  market  in  which  cooked  and  prepared 
dishes  were  to  be  hod,  &c. 

(Respecting  the  fora  in  the  provinces,  see  the 
articles  Colonia  and  CoNventus  ;  compare 
Sigonius,  De  Anttq.  Jur.  Ital.  ii.  15,  and  Walter, 
Gesch.  de$  Rom.  Rechts,  p.  206.)  [L.  S.J 

FOSSA.     [Castra.] 
FRAMEA.     [Hasta.] 
N  N  2 


648 


FRENUM. 


FRATRES   ARVA'LES.     [Arvales  Fra- 

FRAUS.     [PoKNA.] 

FRENUM  (xo^^'JO,  a  bridle.  That  BcUe- 
rophon  might  be  enabled  to  perform  the  exploits 
required  of  him  by  the  king  of  Lycia,  he  waa  pre- 
sented by  Athena  with  a  bridle  as  the  means  of 
subduing  the  winged  horse  Pegasus,  who  submitted 
to  receire  it  whilst  he  was  slaking  his  thirst  at  the 
fountain  Peirene.     See  the  annexed  woodcut,  firom 


an  antique  which  represents  this  event,  and  com- 
pare Piudar,  Olymp.  xiii.  85 — 115.  Such  was  the 
Grecian  account  of  the  invention  of  the  bridle,  and 
in  reference  to  it  Athena  was  worshipped  at 
Corinth  under  the  titles  *IvTia  and  XoXiWrif. 
(Pans.  ii.  4.  §§  I,  5.)  The  several  parte  of  the 
bridle,  more  especially  the  bit,  are  engraved  from 
ancient  authorities  in  the  treatises  of  Invemizi 
{De  Frenx»\  Ginzrot  {Ucber  W'dffen),  and  Bracy 
Clark  {C/iaUnology,  Lond.  1835). 

The  bit  (oreoy  Festus,  ».  v. ;  ^nyfia,  Bninck, 
Anal.  ii.  237  ;  trrSfiioy,  AeschyL  Prom.  1045) 
was  commonly  made  of  several  pieces,  and  flexible, 
so  as  not  to  hurt  the  horse's  mouth  ;  for  the  Greeks 
considered  a  kind  and  gentle  treatment  the  best 
discipline,  although,  when  the  horse  was  intract- 
able, they  taught  it  submission  by  the  use  of  a  bit 
which  was  armed  with  protuberances  resembling 
wolves'-tecth,  and  therefore  called  lupatum.  (Xen. 
De  He  Eq.  vi.  13,  x.  6  ;  Virg.  Gtorg.  iii.  208  ;  Hor. 
Cam.  i.  8.  7  ;  Ovid,  Amor.  I  2.  15.)  The  bit 
was  held  in  its  place  by  a  leathern  strap  passing 
under  the  chin,  and  called  ^oxa\iv(8^  for  which 
a  chain  (y^oKiov)  was  often  substituted  ;  a  rope  or 
thong,  distinct  from  the  reins,  was  sometimes  &st- 
ened  to  this  chain  or  strap  by  means  of  a  ring,  and 
was  used  to  lead  the  horse  (^vro^oryewj,  Xen.  /.  c. 
vii.  1  ;  Aristoph.  Pac.  154).  The  upper  part  of 
the  bridle,  by  which  it  was  fixed  round  the  ears,  is 
called  by  Xenophon  icopvipcda  (iii.  2),  and  it  in- 
cluded the  Am  PYX,  which  was  often  omamentaL 
The  cheek-pieces  (wofrfiiov,  Hom.  7Z.  iv.  142  ;* 
irapayyaBlSioy^  Eustath.  ad  loc.)^  which  joined  this 
upper  portion  to  the  bit,  were  also  in  some  cases 
richly  adorned,  especially  among  the  nations  of 
Asia.  Those  who  took  delight  in  horsemanship 
bestowed,  indeed,  the  highest  degi'ee  of  splendour 
and  elegance  upon  every  part  of  the  bridle,  not  ex- 
cepting the  bit,  which,  though  commonly  of  bronze 
or  iron,  was  sometimes  silver  or  gold  (/ultntm 
tnandunt  $ub  dentibtu  aurum^  Virg.  Aen.  vii.  279). 
These  precious  metals  were  also  either  embossed 
(/hena  caekUa,  Apul.  De  Deo  Soc.)  or  set  with 
jewels.  (Claud*  Bpi^.  34.  36.) 


FRUMENTARIAE  LEGES. 

Not  only  was  the  bridle  dispensed  with  in  tli^^ 
management  of  creatures  invented  by  the  ixnag- 
nation  of  the  poet  (AeschyL  Prom.  294),  hat  (t 
some  which  were  actually  trained  by  man  m  ^v, 
without  it  Thus  the  Numidian  djcsui^tor  gnidv  i 
his  two  horses  by  the  whip,  and  the  Gallic  £s.^i- 
DARius,  on  the  banks  of  the  Rh(Mie,  directed  a.u : 
animated  his  mules  entirely  by  the  roice.  (Oaud. 
Bpig.  4.)  fJ.  Y^] 

FRIGIDA'RIUM.  [Balnrak,  pp.  189, 190  ] 

FRITILLUS  (<p^s%  a  dice-box  of  a  crHr 
drical  form,  and  therefore  called  also  turririf^j 
(Mart  xiv.  16),  or/)yn7M5(Sidon.  EpisL.  riiu  IJ  , 
and  formed  with  parallel  indentations  {gradus)  m 
the  inside,  so  as  to  make  a  rattling  noise  when  t: . 
dice  was  shaken  it  (Mart  iv.  14,  xiv.  1  ;  H-r. 
SaL  il  7.  17,  who  uses  the  Greek  form  pkimti.. 
(Becker,  Gallus,  vol.  ii.  p.  222.)  fJ-  Y.  ] 

FRONTA'LE.    [Amptx.] 

FRUCTUS.     [UsuspRucTUR.] 

FRrJMENTA'RIAE  LEGES.  Frwn  the 
earliest  times  the  supply  of  com  at  Rome  was  cx^.- 
sidered  one  of  the  duties  of  the  goremment  N-: 
only  was  it  expected  that  the  government  ahmiii 
take  care  that  the  com -market  (ammma^  was  pr*^- 
perly  supplied,  but  likewise  that  in  all  ueaMoaiB  •  f 
scarcity,  they  should  purchase  com  in  the  sur- 
rounding countries,  and  sell  it  to  the  people  at  a 
moderate  price  (Liv.  ii.  9,  84,  iv.  12,  52,  x.  11. 
&c  xxvi.  40;  Cic  pro  Dam.  5.)  This  price,  whiv'i 
is  spoken  of  as  annana  vetut  (Liv.  il.  34),  cocld 
not  rise  much,  without  exciting  formidable  disrrn- 
tent ;  and  the  administration  was  in  all  ra^  ca^^-i 
considered  to  have  neglected  one  of  its  most  im- 
portant duties.  The  superintendence  of  the  ccrti- 
market  belonged  in  ordinary  times  to  the  aediles. 
but  when  great  scarcity  prevailed,  an  extraordi- 
nary officer  was  appointed  for  the  pnipoae  and'?r 
the  title  of  Prae/edM  Atmonae  (Lir.  iv.  12i. 
With  the  decay  of  agriculture  in  Italy,  which  fol- 
lowed the  importation  of  com  from  the  provinces, 
and  the  decrease  of  the  free  population,  the  gorera- 
ment  had  to  pay  still  further  attention  to  the  sopply 
of  com  for  the  city.  In  addition  to  this,  an  in- 
digent population  gradually  increased  in  Roidp^ 
which  could  not  even  purchase  com  at  the  moderace 
price  at  which  it  was  usually  sold,  and  who  de- 
manded to  be  fed  at  the  expence  of  the  stale. 
Even  in  early  times  it  had  been  usual  for  the  state  on 
certain  occasions,  and  for  wealthy  individuals  «4io 
wished  to  obtain  popularity  and  influence,  to  make 
occasional  donations  of  com  to  the  people  (doKtz/i^, 
larffUiOfdivisio  ;  subsequently  c&Ued  /htmcHhitio). 
But  such  donations  were  only  casual ;  and  it  was  nr.i 
till  the  year  b.  c.  123,  that  the  first  legal  proviskm 
was  made  for  supplying  the  poor  at  Rome  vitb 
com  at  a  price  much  below  its  market  valne.  1 1. 
that  year  C.  Sempronius  Gracchus  hrooght  forK^rd 
the  first  LexFrumetUaria,  by  which  each  citizen  was 
entitled  to  receive  every  month  a  certain  quantity  of 
wheat  (triticum)  at  the  price  of  6^  asses  for  the  mo- 
dius,  which  was  equal  to  1  gallon  and  nearij  8  pirns 
EnglisL*     (Liv.  EpU.  60  ;  Appian,  B.C.  I  21  ; 


*  The  price  of  6^  asses  (senos  aeris  ti  trieadei)  oc- 
curs in  the  Schol.  Bob.  ad  Cic  Sext.  c  25.  pi  300. 
c.  48,  p.  300  ;  but  in  the  editions  of  Livy  (i5>».  60  \ 
we  find  tU  semisse  et  trieniejrumemium  pleU  darrtti  /-, 
that  is,  at  ^ths  of  an  as.  But  instead  of  Mwiis^^, 
the  manuscripts  have  semis,  saris,  sssis,  evidently  ^  rj 
se/m,  and  therefore  there  can  be  little  doubt  xhsLt 


FRUMENTARIAE  LEGE& 
Plttt  C.  Gvacelm»y  5 ;  Veil.  Pat  il  6  ;  Cic.  />«> 
Nut  48.)  This  was  only  a  trifle  more  than  half 
the  naiket  priee,  siiice  in  the  time  of  Cicero  3  aea- 
t«set  =  12  aase3  were  oontidered  a  low  sum  for  a 
Kniiiis  of  wheat  (Bockh,  M^bnl,  Untenek.  p.  420.) 
It  most  not  be  sappoted  that  each  person  was 
aiioved  to  receire  as  much  as  he  pleased  every 
icoctfa ;  the  quantity  must  of  oouiae  have  been 
£xed,  and  was  probably  five  modii  monthly,  as 
Ln  hdcr  timcB.  This  quantity  was  only  given  to 
utben  of  fiomUes  ;  bat  it  was  not  confined  to  the 
poor,  as  I^utaich  (Z.C,)  would  imply,  for  every 
Gtixen  bad  a  rigbt  to  it,  whether  he  were  rich  or 
poor  ({cdtrry  T«r  Sif^toTMc,  Appian,  L  e. ;  vtnttm, 
Cic  Tbac  DUp.  uL  20)  ;  and  even  Piso,  who  had 
been  consol,  ^>plied  for  his  ihare  at  the  distribution 
(Cic  L  eS)  It  appeaia,  however,  from  the  anecdote 
which  CiccTo  relates  about  Piso,  that  each  citisen 
bad  to  apfiJy  in  person,  a  regulation  which  would 
of  :udf  deter  most  of  the  rich.  The  example  that 
isod  been  set  by  Gracchus  was  too  tempting  not  to 
be  fallowed,  although  the  consequences  of  such  a 
ci«aKire  were  equ^Iy  prejudicial  to  the  public 
Qioacea  and  the  public  morality.  It  emptied  the 
treasury,  and  at  the  same  time  taught  the  poor  to 
':«ooBe  state-paupers  instead  of  depending  upon 
:k>ir  own  exertions  for  obtaining  a  living. 

The  demagogue  Appuleius  Satnminns  went 
stul  further.  In  B.C.  100  he  brought  forward 
his  La  Appmleia,  by  which  the  state  was  to  sell 
com  at  fths  of  an  as  for  the  modius.  The  dty 
q<.3eftar  Q.  Caepio  pointed  out  that  the  treasnry 
could  not  bear  sucn  an  expense,  and  the  most 
Tiulrat  opposition  was  offered  to  the  measure.  It 
i*  donbtftd  whether  it  ever  passed  into  a  law ; 
a-id  it  is  at  all  events  certain  that  it  was  never 
arried  into  execution  (Auctor,  ad  Heram,  L  12  ; 
comp.  Cie^  dM  Leg.  ii  6.)  The  Lea  Lima,  which 
vas  proposed  by  the  ^bune,  M.  Livius  Drusus, 
m  BL  c.  91,  was  likewise  never  carried  into  efiect, 
as  it  was  repealed  by  the  senate,  together  with  all 
his  other  laws  as  passed  in  opposition  to  the 
u^cesL  Of  the  provisions  of  this  Lex  Frumentaria 
we  bave  no  account  (Liv.  EpH.  71).  About  the 
s:me  time,  dther  shortly  before  or  shortly  after 
tbe  Lex  Livk,  the  tribune  M.  Octavius,  supported 
by  the  aristocracy,  brought  forward  the  Lap  Oe- 
ttnoj  which  modified  the  law  of  Gracchus  to  some 
t^rtent,  so  that  the  public  treasury  did  not  suffer 
Si  moch.  He  probably  either  raised  the  price  of 
the  com,  or  diminished  the  number  of  modii  which 
^3ch  citizen  was  entitled  to  receive.  (Cic.  BruL 
22,  deQf.n.  21.)  Sulla  went  still  forther,  and 
by  his  Lag  CorueHa^  b.  a  82,  did  away  altcgetber 
irith  these  distributions  of  com,  so  that  in  the 
laognage  which  Sallust  puts  into  the  mouth  of 
Lrpidiia,  popmhu  Bomaums — ne  aervilia  quidem 
aJimemia  niiqma  kabeL  (Sail  Hiti.  in  OnU.  Lepid, 
p.  939,  ed.  Cort.)  But  the  senate  soon  found  it 
inexpedient  to  de|irive  the  people  of  their  cus* 
t-iiDary  higesses,  as  the  popular  party  began  to 
increase  in  power ;  and  it  was  accordingly  at  the 
d^ire  of  the  senate,  that  the  consuls  of  a  a  73 
brought  forward  the  Lea  Tareittia  Ousia,  which 
vas  probably  only  a  renewal  of  the  Lex  Sempronia, 
with  one  or  two  additions  respecting  the  manner  in 

vkich  the  state  was  to  obtain  the  com.     The  law 
eoacted  that  each  Roman  citixen  should  receive  5 


ve  oQght  to  read  terns  instead  of  $emi»ae,  (Momm- 
aen,  Dk  RomiadkeR  Tribtu^  p.  179.) 


FRUMENTARIAE  LEGES.  549 
modii  a  month  at  the  price  of  6^  asses  for  each 
modius.  It  appears  from  the  various  orations  of 
Cicero,  that  by  this  law  the  provinces  weia 
obliged  to  furnish  the  greater  part  of  the  com  at  a 
fixed  price,  which  was  paid  by  the  Roman  tie^ 
sury,  and  that  the  govemors  of  the  provinces  had 
to  take  care  that  the  proper  quantity  of  com  was 
supplied.  (Cic  Verr.  iil  70,  v.  21,  pro  Sett.  25  ; 
Ascon.  m  Pie,  4,  p.  9,  ed.  Orelli.)  Occasionally 
extraordinary  distributions  of  com  were  made  in 
virtue  of  decrees  of  the  senate.  (Cic  Verr.  L  c  s 
Plut  Oat  nun,  26,  Out.  8.) 

AH  the  L^ges  Fmmentariae,  that  have  been 
hitherto  mentioned,  had  eold  com  to  tibe  people, 
although  at  a  price  much  below  what  the  state 
had  paid  for  it ;  but  as  the  mat  party-leaden  to- 
wards  the  close  of  the  republic  were  ready  to  pnr> 
chase  the  support  of  the  people  at  any  sacrifice  to 
the  state,  the  distribution  of  com  became  at  length 
quite  gratuitous.  Caesar,  in  his  consulship,  &  c.  59, 
had  threatened  to  make  it  so  (Cic  ad  AU,  ii.  19  ; 
comp.  pro  Dom.  10)  ;  and  this  threat  was  carried 
into  execution  in  the  following  year,  b.  c.  58,  by 
the  Lex  Clodia  of  the  tribune  Clodius.  The  com 
was  thus  in  future  distributed  without  any  pay- 
ment ;  and  the  abolition  of  the  payment  cost  the 
state  a  fifth  part  of  ito  revenues.  (Cic.  pro  Sexi, 
25  ;  Schol  Bob.  ad  Sext.  25,  p.  301,  ed.  Orelli  ; 
Ascon.  M  Pie.  4.  p.  9 ;  Dion  Cass,  xxxviii.  13.) 
In  B.  a  57,  Pomp^  received  by  the  Lex  Cornelia 
Caecilia  the  superintendence  of  the  oom-market 
(eura  amtanaa)  for  a  period  of  five  years  ;  but  no 
alteration  was  made  in  the  distribution  of  com  by 
virtue  of  this  measure.  The  only  extension  which 
he  gave  to  the  distribution  was  by  allowing  those 
citizens,  whose  names  had  not  hitherto  been  en- 
tered in  the  lists  of  the  censors,  to  share  in  the 
bounty  of  the  state.     (Dion  Cass,  xxxix.  24.) 

The  dangerous  consequences  of  such  a  system 
did  not  escape  the  penetration  of  Caesar  ;  and  ao» 
cordingly,  when  he  became  master  of  the  Roman 
world,  he  resblved  to  remedy  the  evils  attending 
it,  as  fiir  as  he  was  able.  He  did  not  venture  to 
abolish  altogether  these  distributions  of  com,  but 
he  did  the  next  best  thing  in  his  power,  which 
was  reducing  the  number  of  the  recipients.  During 
the  civil  wars  nnmben  of  persons,  who  had  no 
cUiim  to  the  Roman  franchise,  had  settled  at  Rome 
in  order  to  obtain  a  share  in  the  distributions  of 
com.  The  first  thing,  therefore,  that  Caesar  did 
was  to  have  an  accurate  list  made  out  of  all  the 
com-reoeivers,  and  to  exclude  fiK>m  this  privilege 
every  person  who  could  not  prove  that  he  wu  a 
Roman  citizen.  By  this  measure  the  320,000 
persons,  who  had  previously  received  the  com, 
were  at  once  reduced  to  150,000.*  Uavhig  thus 
reduced  the  number  of  com- receivers  to  150,000, 
he  enacted  that  this  number  should  not  be  exceeded 
for  the  fotnre,  and  that  vacancies  that  occurred  by 
death,  should  be  filled  up  every  year  by  lot  by  the 
praetor  urbanus.  (Suet  Oaet.  55 ;  Dion  Cass,  xliii. 
21.)  It  is  further  exceedingly  probable  that  as  a 
general  rule,  the  com  was  not  given  even  to  these 
150,000,  but  sold  at  a  low  price,  as  had  been  the 
case  at  an  earlier  period  ;  and  that  it  was  only  to 
the  utterly  destitute  that  the  com  was  supplied 


*  It  must  be  borne  in  mind  that  this  was  not  a 
census,  as  Plutarch  (Caes.  55)  and  Appian  (B.  C. 
ii.  102)  state,  but  simply  an  enumeration  of  the 
corn-receivers. 

N  N  3 


550        FRUMENTARIAE  LEGES. 

gratuitously :  the  latter  claw  of  persons  were  fur- 
nished with  tickets,  called  tesserae  nummariae  or 
/rumentariae.  Thus  we  find  it  stated  (Suet  Odam. 
41)  that  Augustus,  on  one  occasion,  doubled  the 
number  of  the  tesserae  frumentariae.  If,  therefore, 
the  com  was,  as  a  general  rule,  not  given,  but  sold, 
we  may  conclude  that  every  citizen  was  entitled  to 
be  enrolled  in  the  150,000  corn-receivers,  inde- 
pendent of  his  fortune.  The  opposite  opinion  has 
been  maintained  by  many  modpm  writers  ;  but  the 
arguments,  which  have  been  brought  forward  by 
Mommsen  {Die  liomisc^ien  TW&iw,  p.  187)  and 
others,  but  into  which  our  space  will  not  allow  us 
to  enter,  render  the  above  supposition  exceedingly 
prol)able. 

The  useful  regulations  of  Caesar  fell  into  neglect 
after  his  death,  and  the  number  of  corn-receivers 
was  soon  increased  beyond  the  limits  of  1 50,000, 
which  had  been  fixed  by  the  dictator.  This  we 
Icam  from  the  Monumentura  Ancyranum,  in  which 
Augustus  enumerates  the  number  of  persons  to 
whom  he  had  given  congiaria  at  different  times  ; 
and  there  can  be  no  doubt  that  the  receivers  of  the 
congiaria  and  of  the  public  com  were  the  same. 
Thus,  in  b.  c.  44,  and  on  the  three  following  occa- 
sions, he  distributed  the  eongiaria  to  250,000  per- 
sons ;  and  in  b.  c.  5,  the  number  of  recipients  had 
amounted  to  320,000.  At  length,  in  b.  a  2, 
Augustus  reduced  the  number  of  recipients  to 
200,000,  and  renewed  many  of  Caesar^  regula- 
tions. (Suet  Odav.  40  ;  Dion  Cass.  Iv.  10.)  He 
had,  indeed,  thought  of  abolishing  the  system  of 
corn-distributions  altogether  on  account  of  their 
injurious  influence  upon  Italian  agriculture,  but 
had  not  persevered  in  his  intention  from  the  con- 
viction that  the  practice  would  again  be  introduced 
by  his  successors.  (Suet  Octav.  42.)  The  chief 
regulations  of  Augustus  seem  to  have  been:  1. 
That  every  citizen  should  receive  monthly  a  cer- 
tain quantity  of  com  (probably  5  modii)  on  the 
payment  of  a  certain  small  sum.  As  the  number 
of  recipients  was  fixed  by  Augustus  at  200,000, 
there  were  consequently  12,000,000  modii  distri- 
buted every  year.  Occasionally,  in  seasons  of 
scarcity,  or  in  order  to  confer  a  particular  favour, 
Augustus  made  these  distributions  quite  gratui- 
tous: they  then  became  congiaria.  [Congiarium.] 
2.  That  those  who  were  completely  indigent  should 
receive  the  com  gratuitously,  as  Julius  Caesar  had 
determined,  and  should  be  furnished  for  the  pur- 
pose with  tesserae  nummariae  or  frumentariae^  which 
entitled  them  to  the  com  without  payment  (Suet 
Odav.  41.) 

The  system,  which  had  been  established  by 
Augustus,  was  followed  by  his  successors  ;  but  as 
it  was  always  one  of  the  first  maxims  of  the  state 
policy  of  the  Roman  emperors  to  prevent  any  dis- 
turbance in  the  capital,  they  frequently  lowered 
the  price  of  the  public  com,  and  frequently  dis- 
tributed it  gratuitously  as  a  congiarium.  Hence, 
the  cry  of  the  populace  panem  d  drcenses.  No 
emperor  ventured  to  abolish  the  public  dis^butions 
of  com :  the  most  that  he  dared  do,  was  to  raise 
the  price  at  which  it  was  sold.  When,  therefore, 
we  find  it  stftted  in  Dion  Cassius  (Ixii.  18),  that 
Nero  did  away  with  the  distributions  of  com  after 
the  buming  of  Rome,  we  cannot  understand  this 
literally,  but  must  suppose  that  he  either  raised  the 
price  of  the  commodity  or,  what  is  more  probable, 
obliged  those  poor  to  pay  for  it,  who  had  previously 
received  it  gratuitously.     The  care,  which    the 


FRUMENTARIAE  LEGES. 

emperors  took  to  keep  Rome  weU  sapplied  with 
com,  is  frequently  referred  to  in  their  coins  by  the 
legends,  Anwona^  Vbertas^  Abundasttioy  LSberalitas, 
Slc  We  find  in  a  coin  of  Nenra  the  legend  plehei 
urbanae  /rumeiUo  eonstiixto.  (Eckhel,  toL  vL 
pu  406.) 

In  conrse  of  time,  the  sale  of  the  com  by  the 
state  seems  to  have  ceased  altogether,  and  the 
distribution  became  altogether  gxataitoii&  Every 
com-receiver  was  therefore  now  provided  with  a 
tesseroy  and  this  tessera,  when  once  gxantcd  to  him, 
became  his  property.  Hence,  it  came  to  pass,  that 
he  was  not  only  allowed  to  keep  the  tessera  far 
life,  but  even  to  dispose  of  it  by  sale,  and  bequeath 
it  by  will.  (Dig.  5.  tit  1.  s.  52  ;  39.  tit.  1.  •-  49  ;  SH. 
tit  1.  8.  87.)  Every  citizen  was  competent  U> 
hold  a  tessera  with  the  exception  of  senators. 
Further,  as  the  com  had  been  originally  di«m- 
buted  to  the  people  according  to  the  thirty-fire 
tribes  into  which  they  were  divided*  the  coro- 
receivers  in  each  tribe  formed  a  kind  of  oorporati'ii. 
which  came  eventually  to  be  looked  upon  as  th? 
tribe,  when  the  tribes  had  lost  all  political  signi- 
ficance. Hence,  tiie  purchase  of  a  tesaeta  became 
equivalent  to  the  purchase  of  a  place  in  a  triSe  ; 
and,  accordingly,  we  find  in  the  Digest  the  ex- 
pressions emere  tirVmm  and  emere  tesseram  used  a& 
synonymous.   (Dig.  32.  tit  1.  s.  35.) 

Another  change  was  also  introduced  at  a  lator 
period,  which  rendered  the  bounty  still  more  ac- 
ceptable to  the  people.     Instead  of  distribaiing  ihe 
com  every  month,  wheaten  bread,  called  cmwoki 
civioa^  was  given  to  the  people.     It  is  un^rtain  at 
what  time  this  change  was  introduced,  but  it  seems 
to  have  been  the  custom  before  the  reign  of  Aore- 
lian  (a.  d.  270 — 275),  as  it  is  related  of  this  em- 
peror that  on  his  return  from  his  Eastern  expedition, 
he  distributed  among  the  people  a  larger  qoantity  ff 
bread,  and  of  a  different  form  from  that  which  kid 
been  usually  given.  (  Vopisc.  A  ureL  35 ;  Zosim.  i  6 1 .) 
The  bread  was  baked  by  the  Pistorea,  who  ddiver-d 
it  to  the  various  depots  in  the  city,  from  which  it  u-a« 
fetched  a^^y  on  certain  days  by  the  holders  of  the 
tesserae.  (Orelli, /nscrip.  No.  3*358.)  These  dep^u 
had  steps  {gradus)  leading  to  them,  whence  the 
bread  was  called  pants  gradUis;  and  there  were 
the  strictest  regulations  that  the  bread  should  0Q<y 
be  distributed  from  these  steps,  and  should  ueTcr 
be  obtained  at  the  bakers.     (Cod.  Theod.  U.  tit 
17.  ss.  3,  4.)     When  Constantine  transferred  the 
seat  of  govemment  to  Constantinople,  the  system 
of  gratuitous  distribution  of  bread  was  also  tiar-^ 
ferred  to  that  city  ;  and  in  order  to  encourage  ibc 
building  of  bouses,  all  householders  were  cuthled 
to  a  share  of  the  imperial  bounty.     (Zosim.  ii.  Z'l ; 
Socrat  H.E,  iL  13  ;  Sozom.  iiL  7  ;  Cod.  The»*d. 
14.  tit  17.)    The  distribution  of  bread  at  Rosao 
was,  however,  still  continued  ;  and  the  care  which 
the  later  emperora  took  that  both  Rome  and  Con- 
stantinople should  be  properly  supplied  with  cora, 
may  be  seen  by  the  regulations  in  the  Cod.  Tbeud. 
14.  tit  15,  De  CoHone  FrumeitittHo  wins  Romac^ 
and  tit  1 6,  i>0  Frtunento  UrbtsConstaiUiMopolibttmr. 
The  superintendence  of  the  com-maiket,  under  tb : 
emperora,  belonged  to  the  Prae/hdus  Anmomae, 

Many  points  connected  with  this  subject  bare 
been  necessarily  omitted  in  consequence  of  our 
limits.  The  reader  who  wishes  far  furtho'  in- 
formation is  referred  to:  Cimtareni,  De  Fnm. 
Rom.  Largilione^  in  the  Thesaurus  of  Graerius, 
vol.  viii.  p.  923  ;  Dkksen,  dviUsL  AlAa9(Uv>^i»x 


FUCUS 

vL  ii  p.  l(3l»  &c  ;  Mommaen,  Die  Ilomi$eken 
fr^huA,  Altona,  1844,  which  work  contains  the 
v^  aocoant  of  the  sal^ect;  Kohn,  Ueber  die  Korn- 
-xTmkr  w  Ram  im  AUcrlkym,  in  the  ZeitMAri/i 
ir  die  AUerikmnntiemuekaft^  1845«  pp.  993— 
lOUS^  1073—1084  ;  Rein,  in  the  RealBiuycio- 
\^it  dtr  rffTfWfiftnt  AUeriktmuwiammeekaft^  art. 
LanOm;  Hodcfa,  mimiadke  Geadtiekiey  vol  L  purt 
:upll38,&c^pw384,&c.;  Walter,  GeeeUehie  dee 
mmitAmRedUs^  §§  276—278, 860, 361,  2nd  ed. 
FRUMENTA'RII,  officen  under  the  Roman 
erapin,  wbo  acted  as  spies  in  the  proTincea,  and 
rrr*-«rt^  to   the   cmperoiB  anythins  which   they 
c'laidered  of  importance.     (Aurel.  Vict  De  Can, 
31r.  sAfim.  ;  Spartiao.  Hadrian.  11  ;  Capitol  Ma- 
crU,  12,  GmumotL  4.)  They  appear  to  have  been 
crHed  Frmmeniarii  because  it  was  their  daty  to 
c  Uort  infannation  in  the  same  way  as  it  was  the 
dUT  of  other  offioersy  called  by  the  same  name,  to 
c]iw.ect  com.      They  were   accustomed   to  accnse 
prnoDs   faiat^j^  and   their   office  was   at   length 
sbortshed  hy  Diodetian.     We  frequently  find  in 
hucnptMoa  mmtion  made  of  Fnanentarii  belong- 
'jxs  to  paiticalar  legions  (Orelli,  Inser.  74,  3491, 
4:^^2>,  from  which  it  has  been  supposed  that  the 
^uaentaiii,  -vbo  acted    as  spies,   were    soldiers 
»nacbed  to  the  legions  in  the  proTinces  ;  they  may, 
bf/vev«r,  hare  \m  different  officers,  whose  duty  it 
vu  to  diatribate  the  com  to  the  legions. 

FRUMENTA'TIO.         [Fbumintaria* 
Lsgmsl] 

FDCUS  (^mraOt  ^"^  ^^^  general  term  to  sig- 
TOj  the  paint  which  the  Greek  and  Roman  ladies 
cQploTed  in  painting  their  cheeks,  eye-brows,  and 
otber  paita  of  their  Cmcs.    The  practice  of  painting 
tbc  imct  wma  Tery  general  among  the  Greek  hidiea, 
aid  probably  came  into  fashion  in  consequence  of 
fk.  a  sedentary  mode  of  life,  which  robbed  their 
c>  mplexions  of  their  natural  freahneaa,  and  induced 
itkem  to  have  reoourae  to  artificial  meana  for  re- 
stftfing  the  red  and  white  of  nature.    Thia  at  the 
least  ia  the  leaaon  gi-ren  by  aome  of  the  ancient 
^Tisers    themselTes.      (Xen.  Oscon.    10.    §    10 ; 
Pkintya,  i^  Sloiaemm,  tit  Ixzir.  61.)     The  prac- 
tice, howerer,  was  of  great  antiquity  among  the 
(ifveka,  and  waa  probably  first  introduced  among 
tlie  Asatk  loniana  from  the  East,  where  the  custom 
ha  pnrsiled  firom  the  earliest  times.    That  it  was 
ai  aodoitaa  the  time  of  Homer  is  inferred  from  the 
czpnaaioD  Htxp^traffa  wapttds  {Od.  xriii  172), 
Wt  this  is  perfaapa  hardly  aufficient  to  prove  that 
the  cheeks  were  pamied.    The  ladies  at  Athens,  as 
iirig:iit  hare  been  expected,  did  not  always  paint 
their  &ces  when  at  home,  but  only  had  recourse  to 
thi»  adornment  when  they  went  abroad  or  wished 
tu  appear  heaauful  or  captiTating.     Of  this  we  have 
a  itr^dag  example  in  the  speech  of  Lysias  on  the 
nmrder  of  Eratosthenes,   in  which  it  is  related 
I     (p.  a^  20,  ^  Steph.)  that  the  wife,  after  leaying 
I     b«f  kusbaad  to  yiait  her  paramour,  painted  herself 
vltich  the    hosband  observed  on  the  following 
Qornisg,  lenarking,   &o^t  84  fu>t  rh   wp6aanroy 
ii^ifa4ui9$cu,   (Comp.  Aristoph.  Z^^sufr.  IA9^  EccL 
878,  HuL  1064  ;  Plut  AUdb.  39.)    In  order  to 
gire  a  Uooming  colour  to  the  cheeks,  tefxovaa  or 
I'fXiMfa,  a  red,  obtained  from  the  root  of  a  plant, 
was  most  frequently  emi^oyed  (Xen.  Oeeon.  10. 
§  *2) ;  and  the  Mowing  paints  were  also  used  to 
prodoca  the  same  colour,  namely,  «cu8tfp«f ,  also  a 
tfgttaUe  dye  resembling  the  rosy  hue  on  the 
^ledu  of  youDg  chUdren  (Alexis,  ap.  Aiken,  xiii. 


FULLO. 


651 


p.  568,  c),  cvK^Liuvw  (Ettbulis,  ap,  Athm,  xiiL 
p.  557,  0»  ^J^^l  0v«cot,  which  was  probably  a  red 
paint,  though  used  to  signify  point  in  general,  as 
has  been  uready  remarked.  In  order  to  produce 
a  fair  complexion,  ^tpMwp^  eenaea^  white  lead 
was  employed.  (Alexis,  ap,  Atkem.  L  e. ;  Xen. 
Oeam,  10.  §2  ;  Aristoph.  EocL  878,  92.9.)  The 
eye-browa  and  eye-lids  were  stained  black  with 
ffrlfi^  or  «rrl/u/u5,  a  sulphuret  of  antimony,  which 
is  still  employed  by  the  Turkish  ladies  for  the 
same  purpose.  (Pollux,  v.  101.)  The  eyebrows 
were  likewise  stained  with  tur€o\os^  a  preparation 
of  soot.    Thus  Alexia  says  {L  &), 

rda  S^ptfs  irv^f  fx««  '»'**'  Orypopowraf  iff96\^, 

(Comp.  Juv.  ii.  93.)  Ladies,  who  used  paint,  were 
occasionally  betrayed  by  perspiration,  tears,  Ac,  of 
which  a  humorous  picture  is  given  by  the  comic  poet 
Eubulus  (op.  Atken.  /.c),  and  by  Xenophon  ((Meon, 
1 0.  §  8).  It  would  appear  from  Xenophon  (Ibid.  §  5) 
that  even  in  his  time  men  sometimes  used  paint,  and 
in  later  times  it  may  hare  been  still  more  common : 
I>emetrius  Phalereus  is  expressly  said  to  hare 
done  so.   (Duris,  ap,  A  then,  xii.  p.  542,  d.) 

Among  the  Romans  the  art  of  painting  the  com- 
plexion was  carried  to  a  still  greater  extent  than 
among  the  Greeks  ;  and  even  Ofid  did  not  disdain 
to  write  a  poem  on  the  subject,  which  he  calls  (de  A  rt. 
Am,  ul  206)  **  parvus,  sed  cura  grande,  libellus, 
opus  i"*  though  tnegenuineneu  of  the  fragment  of  the 
Medioamma/acieLt  ascribed  to  this  poet,  is  doubt- 
iiiL  The  Roman  ladies  even  went  so  fiir  as  to 
paint  with  blue  the  veins  on  the  temples,  as  we 
may  infer  from  Propcrtiua  (iL  14. 27),  "  si  caeruleo 
qnaedam  sua  tempera  fuco  tinxerit.*'  The  ri- 
diculous use  of  patches  (jpfe»i«i),  which  were 
common  among  the  English  ladies  in  the  reign  of 
Queen  Anne  and  the  first  Georges,  was  not  unknown 
to  the  Roman  Udies.  (Mart  il  29.  9,  x.  22  ; 
Plin.  Ep,  vi  2.)  The  more  effeminate  of  the  male 
sex  at  Rome  also  employed  paint  Cicero  speaks 
(m  Piton,  11)  of  the  cenufotae  bueoae  of  bis 
enemy,  the  consul  Piso. 

On  a  Greek  vase  (Tischbein,  EngraviagBf  ii.  58) 
we  see  the  figure  of  a  female  engaged  in  putting 
the  paint  upon  her  &ce  with  a  small  brush.     This 
figure  is  copied  in   Bdttiger's  Sabina  (pL   ix.), 
(Comp.  Becker,  Charildes^  vol.  iL  p.  232,  &c. ; 
Bottiger,  Sabina,  vol.  I  p.  24,  &&,  p.  51,  &c) 
FUGA  LATA.     [Exsiliuu.] 
FUGA  LIBERA.     [Exsilium.] 
FUGITIVA'RIUS.    [Skrvus.] 
FUGITFVUS.     [SxRVUs.] 
FULCRUM.     [Lkctus.] 
FULLO     (/rra^c^r,     yvaipfvs\    also     called 
NACCA    (Festus,  «.  v.  ;   ApuL  Afet,  ix.  p.  206, 
Bipont),  a  fuller,  a  washer  or  scourer  of  cloth  oud 
linen.     The  fullones  not  only  received  the  doth  as 
it  came  fix}m   the   loom   in   order   to  scour  and 
smooth  it,  but  also  washed  and  cleansed  garments 
which  had  been  already  worn.     As  the  Romans 
generally  wore  woollen  dreases,  which  were  often 
of  a  light  colour,  they  frequently  needed,  in  the 
hot  climate  of  Italy,  a  thorough  purification.     Tho 
way  in  which  this  was  done  has  been  described  by 
Pliny  and   other   ancient   writers,  but   is   most 
clearly  expUined  by  some  paintings  which  have  been 
found  on  the  walls  of  a  fiillonica  at  Pompeii    Two 
of  these  pamtinga  are  given  by  Gcll  {Pompeiana, 
vol  il  pL  51,  52),  and  the  whole  of  them  in  the 
Museo  Borbonico  (vol  iv.  pi  49,  50)  ;   from  tlio 
N  IV   4 


r»52 


FULLO. 


FULLO. 


latter  of  which  works  the  following  cats  have  been 
taken. 

The  clothes  were  first  washed,  which  was  done 
in  tubs  or  vats,  where  they  were  trodden  upon  and 
stamped  by  the  feet  of  the  fiillones,  whence 
Seneca  {Ep.  15)  speaks  of  saltus /hilonicui.  The 
following  woodcut  represents  four  penons  thus  em- 
ployed, of  whom  three  are  boys,  probably  under 
the  superintendence  of  the  man.  Their  dress  is 
tucked  up,  leaving  the  legs  bare  ;  the  boys  seem  to 
have  done  their  work,  and  to  be  wringing  the 
articles  on  which  they  had  been  employed. 


The  ancients  were  not  acquainted  with  soap,  but 
they  used  in  its  stead  different  kinds  of  alkali,  by 
which  the  dirt  was  more  easily  separated  from  the 
clothes.  Of  these,  by  far  the  most  common  was 
the  urine  of  men  and  animals,  which  was  mixed 
with  the  water  in  which  the  clothes  were  washed. 
(Plin.  H.  N.  xxviii.  18.  26  ;  Athen.  xi.  p.  484.) 
To  procure  a  sufficient  supply  of  it,  the  fiillones 
were  accustomed  to  place  at  the  comers  of  the 
streets  vessels,  which  they  carried  away  after  they 
had  been  filled  by  the  passengers.  (Martial,  vi  93 ; 
Macrob.  ScUum,  ii.  12.)  We  are  told  by  Suetonius 
(  Vesp.  23)  that  Vespasian  imposed  a  urinae  vectigalf 
which  is  supposed  by  Cosaubon  and  others  to  have 
been  a  tax  paid  by  the  fullones.  Nitrum,  of  which 
Pliny  {H.  N.  xxxi.  46)  gives  an  account,  was  also 
mixed  with  the  water  by  the  scourers.  Fullers' 
earth  (creia  fidlonia,  Plin.  H,  Mxviii.  4),  of  which 
there  were  many  kinds,  was  employed  for  the 
same  purpose.  We  do  not  know  the  exact  nature 
of  this  earth,  but  it  appears  to  have  acted  in  the 
same  way  as  our  fullers'  earth,  namely,  partly  in 
scouring  and  partly  in  absorbing  the  greasy  dirt 
Pliny  {H.  N.  xxxv.  57)  says  that  the  clothes  should 
be  washed  with  the  Sardinian  earth. 

After  the  clothes  had  been  washed,  they  were 
hung  out  to  dry,  and  were  allowed  to  be  placed  in 
the  street  before  the  doors  of  the  fullonica.  (Dig. 
43.  tit  10.  s.  1.  §4.)  When  dry,  the  wool  was 
brushed  and  carded  to  raise  the  nap,  sometimes 
with  the  skin  of  a  hedgehog,  and  sometimes  with 
some  plants  of  the  thistle  kind.  The  clothes  were 
then  hung  on  a  vessel  of  badcet-work  (viminea 
caved),  under  which  sulphur  was  placed  in  order  to 
whiten  the  cloth  ;  for  the  ancient  fullers  appear  to 
have  known  that  many  colours  were  destroyed  by 
the  volatile  steam  of  sulphur.  (ApuU  Afet,  ix. 
p.  208,  Bipont ;  Plin.  H.  N.  xxxv.  50,  57  ;  Pol- 
lux, vii.  41.)  A  fine  white  earth,  called  Cimolian 
by  Pliny,  was  often  rubbed  into  the  cloth  to  in- 
crease its  whiteness.  (Theophr.  Char.  10  ;  Plant 
AuluL  iv.  9.  6 ;  Plin.  H,  M  xxxv.  57.)  The  pre- 
ceding  account  is  well  illustrated  by  the  following 
woodcut 

On  the  left  we  see  a  fullo  brushing  or  carding  a 
white  tunic,  suspended  over  a  rope,  with  a  cord  or 


brush,  which  bears  considerable  resemblance  to  a 
modem  horse-brush.  On  the  right,  another  nua 
carries^  frame  of  wicker-work,  which  was  witboui 
doubt  intended  for  the  purpose  described  ahme: 
he  has  also  a  pot  in  his  hand,  perhaps  intended  tor 
holding  the  sulphur.  On  his  head  he  wean  a  kiad 
of  garland,  which  is  supposed  to  be  an  olive  garland. 
and  above  him  an  owl  is  represented  sitting.  It  a 
thought  that  the  olive  garland  and  the  owl  indicatf 
that  the  establishment  was  under  the  patraane  of 
Minerva,  the  tutelary  goddess  of  the  loom.  Sir  W. 
Gell  imagines  that  the  owl  is  probably  the  pktare 
of  a  bird  which  really  existed  in  the  fiunily.  On 
the  left,  a  well-dressed  female  is  sitting,  examiBii.jr 
a  piece  of  work  which  a  younger  e:irl  beings  to  b«T. 
A  reticulum  [see  p.  329,  a]  upon  her  bead,  a  neck- 
lace, and  bracelets  denote  a  person  of  higher  rank 
than  one  of  the  ordinary  work-people  of  the  es- 
tablishment 

In  the  following  woodcut  we  see  a  yoon^  nsn 
in  a  green  tunic  giving  a  piece  of  doth,  whicb  ap- 
pears to  be  finished,  to  a  woman,  who  wears  a 
green  undcr-tunic,  and  over  it  a  yellow  tunic  with 


red  stripes.  On  the  right  is  another  female  in  s 
white  tunic,  who  appears  to  be  engaged  in  cleaning 
one  of  the  cards  or  brushes.  Among  these  paiut- 
ings  there  was  a  press,  worked  by  two  upright 
screws,  in  which  the  cloth  was  placed  to  be 
smoothened.  A  drawing  of  this  pre^  is  gircn  on 
p.  300. 

The  establishment  or  workshop  of  the  fullers  vai 
called  Fulhmoa  (Dig.  39.  tit  3.  s.  3),  FulUmiam 


FUNAMBULUS. 
'Di^.7.  tit  L  B.  13.  §  8),  or  FkUomttm  (Amm. 
Miir.  xir.  II.  p.  44,  Bipont)  Of  sach  establish- 
sKuts  th«re  were  great  nnmben  in  Rome,  for  the 
Hjsoau  do  not  appear  to  haTe  washed  at  home 
cT«a  their  linen  dotbesL  (Martial,  xir.  51.)  The 
LTide  of  the  foUeiv  waa  considered  so  important 
tha:  the  oenaon,  C.  Flaminius  and  L.  Aeroilios, 
F.  c.  2*20,  prescribed  the  mode  in  which  the  dresses 
7. -n;  to  be  wadbed.  (Plin.  H.  N.  xxxr.  57.)  Like 
tSe  other  principal  trades  in  Rome,  the  Fnllones 
r  >rQed  a  aOfegiani.  (Fabretti, /luer.  p.  278.)  To 
Ij'^  £uma  a  faUoiuca  was  sometimes  attached,  in 
4kich  the  vntk  was  performed  by  the  slaTes  who 
iv-L^iged  to  the  ftxanUa  rudic<k.     (Vano,  /}.  B,  i. 

The  folio  was  answerable  for  the  property  while 
it  vis  in  his  posaession  ;  and  if  he  returned  by  mis- 
t:<e  a  dilSerent  garment  from  the  one  he  had  re- 
o.->.^  he  waa  liable  to  an  action  eat  looato;  to 
^vbicb  actkm  he  was  also  subject  if  the  garment 
^..A injaied.  (Dig.  19.  tit.  2.  s.  13.  §  6 ;  s.  60.  §2; 
I'J  tiL  7.  &  2.)  Woollen  garments,  which  had  been 
'■Titr  washed,  were  considered  to  be  leas  yaluablc 
t^ar  they  were  previously  (Petxon.  30;  Lamprid. 
HfiiopiA.  26)  ;  hence  Martial  (x.  1 1)  speaks  of  a 
tv'a  /(4a  terqmB  qmUtrque  as  a  poor  present 

The  Gre^B  were  also  accustom^  to  send  their 

r-nnents  to  fullers  to  be  washed  and  scoured,  who 

a  ipear  to  hare  adopted  a  similar  method  to  that 

which  has  been  described  above.    (Theophr.  Char. 

I":  A  then.  xL  p.  582,  d. ;  Pollux,  vii.  39, 40, 41.) 

Tm  wcad  wAinrcir  denoted  the  washing  of  linen, 

zs  d  Kwaptvtuf  or  ypoip^tp  the  washbg  of  woollen, 

c.JtfafSL  (EosUth.  oif  Orf.  xxir.  148.  p.  1956.  41.) 

(Schotttsen  AntiipiUaies   Triturae  et   FuHoniaey 

Traj.  ad  Rhen.  1727  ;  Beckmann,  Hitt.  oflnven- 

r.^u  aad  Diacoeeries^  vol.  iiL  p  266,  &c,  transl. : 

IktkcT,  G<dim$^  Tol.    ii.  p  100,  &C.,   CharikleBy 

TsL  ii  p  408.) 

FULLCKNICA.     [Fullo.] 

FUN.VLE  (fffuoJii,  Isid.  Orig,  xx.  10),  a  link, 

Bsed  in  the  same  manner  as  a  torch  [Fax],  but 

r.-ide  of  papyrus  and  other  fibrous  plants,  twiited 

like  a  rope^  and    smeared  with  pitch  and  wax. 

iVirif.  Aea.  L  727  ;  Servius,  ad  loe.;  Hor.  CbnA. 

iii.  2$.  7;  VaL  Max.  iiL  6.  §  4.)     It  was  indeed, 

a«  Antipater  describes  it,  **a  light  coated  with 

-nx  **  {Xa/i-rds  mipax^rwy^  Brunck,  Anal.  ii.  1 12 ; 

Jacobs,  ai  lot.).     For  this  reason  it  was  also  called 

'wvas.    Fnnalia  are  wulptured  upon  a  monument 

of  cvasidcnble    antiquity  preserved    at    Padua. 

iPi^TMir.  De  Sends^  p  259.)     At  the  Saturnalia 

their  vere  presented  by  clients  to  their  superiors, 

aM  voe  lighted  in  honour  of  Saturn.    (Antipater, 

L  c  ;  Macrob.  Sai.  i.  6.)  [J.  Y.] 

FUN  AXIS  EQUUS.     [CuRRua  p  379,  b.] 

FUNA^MBULUS  {KoXoidrns  (rxotw^drijO, 

a  rope-dancer.     The  art  of  dancing  on  the  tight 

npe  was  carried  to  as  great  p^^rfection  among  the 

I^otoans  as  it  is  with  us.     (Hor.  EpuL  ii.  1. 210; 

Tewrt.  Hee^.  Prol.  4. 34  ;  Juv.  iiL  80;  Bulenger, 

it  TktaL  L  42.)     If  we  may  judge  from  a  series  of 

f4intmgsdiscoreredinthc  excavations  (^n^.^T^roo/. 

T.  iil  p  160 — 165),  from  which  the  figures  in 

tbc  annexed  woodcut  are  selected,  the  performers 

piaeed  themselves  in  an  endless  variety  of  graceful 

and  iportive  attitudes,  and  represented  the  charac- 

tm  of  bacchanals,  satyrs,  and  other  imaginary 

Vfiogs.    Three  of  the  persons  here  exhibited  hold 

the  therms,  which  may  have  served  fur  a  balancing 

pole:  two  are  performing  on  the  double  pipe,  and 


FUNDA. 


5d3 


one  on  the  lyre :  two  others  are  pouring  wine  into 
vessels  of  different  forms.  They  all  have  their 
heads  enveloped  in  skins  or  caps,  probably  intended 
as  a  protection  in  case  of  foiling.  The  emperor 
Antoninus,  in  consequence  of  the  foil  of  a  boy, 
caused  feather-beds  {culcUnu)  to  be  laid  under  the 
rope  to  obviate  the  danger  of  such  accideuta. 
(Capitol.  M.  Anton.  12.)  One  of  the  most  diflicult 
exploits  was  running  down  the  rope  (Sueton.  Nero^ 
II)  at  the  conclusion  of  the  performance.  It  was 
a  strange  attempt  of  Qermanicus  and  of  the  em- 
peror Galba  to  exhibit  elephants  walking  on  the 
rope.  (Plin.  H.  iV.  viiL  2  ;  Sueton.  Galb.  6  ;  Sen. 
Epia.  86.)  [J.  Y.] 

FUMA'RIUM.    [ViNUM.] 

FUNDA  (o-^ySdn}),  a  sling.  The  light  troops 
of  the  Greek  and  Roman  armies  consisted  in  great 
part  of  slingers  (fundiiores^  o-^rSoi^ai).  In  the 
earliest  times,  however,  the  sling  appears  not  to 
have  been  used  by  the  Greeks.  It  is  not  men- 
tioned in  the  Iliad  ;  for  in  the  only  passage  (//. 
xiiL  599)  in  which  the  word  a^ptyMyri  occurs,  it  is 
used  in  its  orispnal  signification  of  a  bandage.  But 
in  the  times  o?  the  Persian  wars  slingen  had  come 
into  use  ;  for  among  the  other  troops  which  Gelon 
offered  to  send  to  the  assistance  of  the  Greeks 
against  Xerxes,  mention  is  made  of  2000  slingers 
(Merod.  vii.  158) ;  and  that  the  sling  was  then 
known  among  the  Greeks  is  also  evident  from  the 
allusion  to  it  by  Aeschylus  {Agam.  982).  At 
the  same  time  it  must  be  stated  that  we  rarely  read 
of  slingers  in  these  wars.  Among  the  Greeks  the 
Acamanians  in  early  times  attained  to  the  greatest 
expertness  in  the  use  of  this  weapon  (Thuc.  iL  81); 
and  at  a  later  time  the  Achaeans,  especially  the  in- 
habitants of  Agium,  Patrae,  and  Dyniae,  were  cele- 
brated as  expert  slingers.  The  slmgs  of  these  Achae- 
ans were  made  of  three  thongs  of  leather,  and  not  of 
one  only,  like  those  of  other  nations.  (Li v.  xxzviii. 
29.)  The  people,  however,  who  enjoyed  the  greatest 
celebrity  as  slingers  were  the  natives  of  the  Balearic 
is^rnds.  Their  skill  in  the  use  of  this  weapon  is  said 
to  have  arisen  from  the  circumstance,  that,  when 
they  were  children,  their  mothers  obliged  them  to 
obtain  their  food  by  striking  it  with  a  sling.  (Veget. 


554 


FUNDUa 


d€  Re  Mil  116;  Stimb.  iii  |>.  1 68.)  Moft  tliogi  wen 
nuule  of  leather,  but  the  Balearic  ones  were  mantt- 
factuied  out  of  a  kind  of  ruih.  (Stnb.  Le.)  The 
manner  in  which  the  sling  was  wielded  may  be  seen 
in  the  annexed  figure  (Bartoli,CU.7>t{f.  t46)  of  a 


soldier  with  a  provision  of  stones  in  the  sinus  of  his 
pallium,  and  with  his  arm  extended  in  order  to  whirl 
the  sling  about  his  head.  (Vii^.  Jen.  ix.  587, 588, 
xi.  579.)  Besides  stones,  plummets,  called  plandet 
{fjLo\v€9ili9s\  of  a  form  between  acorns  and  al- 
monds, were  cast  in  moulds  to  be  thrown  with 
slings.  (Lucret  tL  176  ;  Ovid,  Met.  ii.  729,  viL 
778,  xiv.  825,  826.)  They  have  been  found  on 
the  plain  of  Marathon,  and  in  other  parts  of  Greece, 
and  are  remarkable  for  the  inscriptions  and  devices 
which  they  exhibit,  such  as  thunderbolts,  the  names 
of  persons,  and  the  word  AEEAI,  meaning  **  Take 
this."  (Dodwell'*  Tottr,  vol.  ii.  pp.  159—161  ; 
Bockh,  Corp.  Ins.  voL  i.  p.  31 1  ;  Mommsen,  in 
ZeUschri/l  /Ur  dU  AlterihumnoUsauckajU  1846, 
p.  782.)  [J.  Y.J 

While  the  sling  was  a  very  efficacious  and  im- 
portant instrument  of  ancient  warfisre,  stones  thrown 
with  the  hand  alone  were  also  much  in  use  both 
among  the  Romans  (Veget  i.  16,  ii.  23)  and  with 
other  nations  (o2  ircTpoi?<$\oi,  Xen.  Hdlen.  ii.  4. 
§  12).  The  Libyans  carried  no  other  arms  than 
three  spears  and  a  bag  full  of  stones.  (Diod.  Sic 
iii.  49.) 

FUNDITORES.     FFunda.] 

FUNDUS.  The  primary  signification  of  this 
word  appears  to  be  the  bottom  or  foundation  of  a 
thing  ;  and  its  elementary  part  (fiid),  seems  to  be 
the  same  as  that  of  fivOjos  and  nvSjiriw^  the  n  in 
fundus  being  used  to  strengthen  the  syllable.  The 
conjectures  of  the  Latin  writers  as  to  the  etymo- 
logy of  fundus  may  be  safely  neglected. 

Fundus  is  often  used  as  applied  to  hind,  the 
solid  substratum  of  all  man*s  labours.  According  to 
Florentinus  (Dig.  50.  tit  1 6.  s.  211 )  the  term  fundus 
comprised  all  land  and  constructions  on  it;  but 
usage  had  restricted  the  name  of  atdet  to  city 
houses,  oi/Am  to  rural  houses,  area  to  a  plot  of 
ground  in  a  city  not  built  upon,  agor  to  a  plot  of 
ground  in  the  country,  and /Miw  to  ager  cum 
aediJUUs.  This  definition  of  fundus  may  be  com- 
pared with  the  uses  of  that  word  by  Horace,  and 
other  writers.  In  one  passage  (A>>.  I  2.  47), 
Horace  nlaces  domus  and  fundus  in  opposition  to 
one  another,  domus  being  apparently  there  used  as 
equivalent  to  aedes. 
.   The  term  fundus  often  occurred  In  Roman  wills, 


FUNUS. 

and  the  testator  fitcqnentlj  indicated  the  fiindBS,t» 
which  his  last  dispooitioDS  referred,  by  mat  na&>, 
such  as  Sempmnianns,  Seianus;  snmrtimci  «}«, 
with  referenoe  to  a  particular  tract  of  coimtrT,  h 
Fundus  Trebatianns  qui  est  in  regiaoe  Atdka. 
(Brissonins,  de  FonutiUt  vii.  80.)  A  findos  to 
sometimes  devised  com  omni  m$trmnti\  vith  ia 
stock  and  implements  of  hnsbondry.  Ocanoialj 
a  question  arose  as  to  the  extent  of  the  vord  Id- 
stnimentnm,  between  or  among  the  parties  vk  d^ 
rived  their  daim  from  a  testator.  (Dig.  33.  tiL  17. 
S.12.) 

Fundus  has  a  derived  sense  which  flows  css^j 
enough  from  its  primary  meaning.  '^FaDdoa," 
says  Festus,  **  dicitnr  populus  esse  rei,  qaam  atviat, 
hoc  est  auctor.^  [AiHiron.]  (^dnpsie  Plactu, 
Trinum,  v.  I  7  {fiatdua  potior).  Id  this  lesse 
^fimdus  esse"*  is  to  conS&rm  or  rstify  a  ^\ 
and  in  Oellius  (xix.  8)  there  is  the  expnwe 
**  sententiae  legisque  fbndna  subscriptoiqac  fisi" 
[Fobdbratl]  [G.L] 

FUNES.    [NAVia.] 

FUNU&  It  is  propoaed  in  the  fbUovisf  anic« 
to  give  a  brief  account  of  Greek  ssd  Anu 
funerals,  and  of  the  different  rites  and  ceraoooxi 
connected  therewith. 

1.  Qrssk.    The  Oreeka  attached  great  isp*^- 
ance  to  the  burial  of  the  dead.    Tbej  bdieir^ 
that  souls  could  not  enter  the  Klysisn  fields  tO 
their  bodies  had  been  buried  ;  and  aocardiogij  vs 
find  the  shade  of  Elpenor  in  the  Odjnej  (xL  ^S. 
&c)  earnestly  imploring  Ulysses  to  bur  his  bodj. 
Ulysses  also,  when  in  dsmnr  of  sh^wied^  depl mi 
that  he  had  not  fallen  before  Troy,  as  be  iboitld  ii 
that  case  have  obtained  an  honourable  buxisL  iC>i 
V.  311.)     So  strong  was  this  feeling  szdooj^  tk 
Greeks,  that  it  was  considered  a  reUgiooi  ditr  M 
throw  earth  upon  a  dead  body,  which  s  pen* 
might  happen  to  find  unburied  (AeL  Var.  Hi^-  ^' 
14) ;  and  among  the  Athenians,  those  childrco  ^ 
were  released  from  all  other  obligations  to  unworiy 
parents,  were  nevertheless  bound  to  buy  tbea  tf 
one  of  Solon*s  laws.     (Aesch.  e,  Timarc  p.  <«?) 
The  neglect  of  burying  one^  rehitives  ia  fteqawtly 
mentioned  by  the  orators  as  a  grave  cbaige  *px[£\ 
the  moral  character  of  a  man  (Dem.  e.  inrf'C 
i.  p.  787. 2  ;  Lys.  e.  Phil  p.  883,  c.  AU^  p-  53i'), 
since  the  burial  of  the  body  by  the  relations  of 'Qc 
dead  was  considered  a  religions  doty  hy  tie  oai- 
versal  law  of  the  Greeks.     Sophodei  rej««ff  J» 
Antigone  as  disregarding  all  consequences  in  onier 
to  bury  the  dead  body  of  her  brother  ?o\mvn, 
which  Creon,  the  king  of  Thebes,  had  comnnw^ 
to  be  left  unburied.     The  common  exprt»iaa  f* 
the  fimeral  rites,  tA  Sdcoio,  r^/u/ia  or  pofuCiftft^ 
wpwHiKoyra^  show  that  the  dead  had,  si  it  vcR^  > 
legal  and  motal  claim  to  burial  , 

The  common  customs  connected  witi  a  GiKt     j 
funeral  are  described  by  Lncian  in  his  treatise  m 
Ludu  (c  10,  &C.,  vol.  ii.  p.  926.  ed.  Reitt);  wd 
there  is  no  reason  for  supposing  thst  tbev  da<^ 
much  from  those  which  were  practised  in  «Bn»tf      | 
times.    After  a  pereon  was  dead,  it  w""'^ 
tom  first  to  place  in  his  mouth  sn  obolns,  aii^ 
Sordid}  [Danacb],  with  which  he  wght  pJ  ^      i 
ferryman  in  Hades.    The  body  wss  tben  w«      | 
and  onointed  with  perfumed  oil,  and  the  o**^  *r 
crowned  with  the  flowers  which  1»W^^.   " 
seas(HL     The  deceased  was  next  '"'""Vf  j.      i 
handsome  a  robe  as  the  famfly  could  J®*^  °      ' 
order,  according  to  Lucian,  that  he  vo%m  n»  ^ 


FUNUS. 

I  ^  the  pasaage  to  Hadea,  nor  be  leen  naked 
r<d«n»:  tkis  gannent  Appean  to  hare  been 
iCt  irhite.  (It  xriiL  353  ;  Artemiod.  Omeirocr. 
t' )  Tbese  dntiet  were  not  perfotmed  by  hired 
px^  like  the  folHrndnrtt  among  the  Romans, 
T  the  women  of  the  fiunil  j,  upon  whom  the  care 
'f  corpie  alwaji  derolred.  (laaeof,  de  PhUod, 
I  p.  14.%  tk  CirxM,  her.  p.  209.) 
^'vi  corpse  vas  then  laid  oat  {wpMttns^  vporl' 
mku  on  a  bed  {icXhni\  which  appears  to  have 
fe  sf  the  cfdinarj  kind,  with  a  pillow  (Tpo<rirc- 
mk:i*r)  ioT  sapporting  the  head  and  back.  (  Ljra. 
[Emicid.  p395.)  It  ia  said  that  the  bed  on 
nits  die  oorpie  was  laid  oat  was  originally  placed 
■aui.'  the  hoase  (SchoL  ad  Aridopk,  Lytutr, 
dl) ;  kt  at  Athens  we  know  it  was  placed  in- 
tk,  br  Goe  of  Solon's  laws.  (Dera.  e.  MacarL 
k  Ift?!.)  The  object  of  this  formal  'wp6$urit  was 
^x.  it  might  be  seen  that  the  deceased  had  died 
:a:nllv.  and  that  no  violexice  had  been  done  to 
VOL  vPollui,  Till  65.)  Plato  {Leg.  xiL  9.  p.  959) 
I  ^igiH  an<!tber  reason,  namely,  that  there  might 
"  Tvo  doobt  that  the  person  was  dead,  and  says, 
:' '.( tbf  body  ought  only  to  be  kept  in  the  house 
"  >^2«  it  may  be  necessary  to  ascertain  that  Csct 
r^'.  \ht  fide  of  the  bed  there  were  placed  painted 
tiTT'-ca  T^ssds,  called  A^xvdoi  (Aristoph.  Eod, 
I  '32,  596),  which  were  also  buried  with  the 
:  f}5 ' ;  examples  of  which  may  be  seen  in  the 
:i»  jjgi  of  the  coffins  giren  by  Bottiger  (  Vaeeng, 
•■  if  iojc)  and  Stackelberg(/>ae  GraberderHeilenen^ 
i '.  (').  Great  nombers  of  these  painted  Tases  have 
'  rt}  fjmd  in  modem  times  ;  and  they  have  been 
'A^jm  Q3e  in  explaining  many  matters  connected 
T'Ji  antiquity.  A  honey -cake,  called  ^XittoDto, 
^Lich  ap^ican  to  have  been  intended  for  Cerberus, 
fu  a!so  placed  by  the  side  of  the  corpse.  ( Aristoph. 
Zf?ufr.  601,  with  SehoL  ;  compare  Virg.  Aen.  vi. 
^  1 ':'. )  Rrfore  the  door  a  vessel  of  water  was  placed, 
^'.fd  ii^puor,  kfMXunf  or  hf^dt^iov^  in  order  that 
;<>rsoiu  vbo  had  been  in  the  house  might  purify 
:^^jclres  by  sprinkling  water  on  their  persons. 
Aristoph.  Ecd.  1033  ;  Pollux,  riii  65  ;  Hesych. 
'  r.  'A^.)  The  relatives  stood  around  the  bed,  the 
""cmeo  Qttering  great  lamentations,  rending  their 
pr^sxm  and  tearing  their  hair.  (Lucian.  /6. 12.) 
.Niliii  attempted  to  put  a  stop  to  this  (Plut  Sol, 
<'i  '1\\  but  his  regulations  on  the  subject  do  not 
tippcar  to  have  been  generally  observed.  It  was 
-  nnrir  the  practice  to  sacrifice  victims  before 
n.Tving  oat  the  dead  ;  but  this  custom  was  not 
'^  vrred  in  the  time  of  Plato.  {Afin.  p.  315.)  No 
f  sales  nnder  60  years  of  age,  except  the  nearest 
r-!a*jiOi  {irr^i  oj^toSe^i'),  were  allowed  to  be 
fir?stfi!t  while  the  corpse  was  in  the  house.  (Dem. 
'•.'/j«ff.p,]071.) 

<-»n  ih/?  day  after  the  irp66f<ris^  or  the  third  dav 
atVr  death,  the  corpse  was  carried  out  (^/r^po, 
■'"f^)  for  burial,  early  in  the  morning  and  be- 
''  re  ponriie,  by  a  law  of  Solon,  which  law  appears 
V'  have  been  revived  by  Demetrius  Phalereus, 
'I^U&;  Anliph.  de  Chmr.  p.  782  ;  Cic  de 
i-^.  iL  26.)  A  burial  aoon  after  death  was  sup- 
V^  to  be  pleasing  to  the  dead.  Thus  we  find 
'^y  ihade  of  Patioclus  aaying  to  Achilles  (//.  xxiiL 

(Compare  Xcn.  Afem.  I  2.  §  53.)  In  some  places 
it  af>pean  to  have  been  usual  to  bury  the  dead  on 
iHe  day  following  death.  (Callim.  Epigr.  1 5  ;  Diog. 
Uert  i.  122.)     The  men   walked  before   the 


FUNUS. 


555 


corpse  and  the  women  behind.  (Dem.  I.  c)  The 
funeral  procession  was  preceded  or  followed  by 
hired  moumen  (dfnyyySot),  who  appear  to  have 
been  usually  Cariian  women,  though  Plato  speaks 
of  men  engaged  in  this  office.  They  pUyed  moum- 
ftil  tunes  on  the  flute.  (Plat  Leg.  vil  9.  p.  800  ; 
Hesych.  a  o.  KapUw  ;  Pollux,  iv.  75.) 

The  body  was  either  buried  or  burnt  Lucian 
(/&.  21)  says  that  the  Greeks  bum  and  the  Per- 
sians bory  their  dead ;  but  modem  writers  are 
greatly  divided  in  opinion  as  to  which  was  the 
usual  practice.  Wacnsmuth  says  that  in  historical 
times  the  dead  were  always  buried  ;  but  this  state- 
ment is  not  strictly  correct  Thus  we  find  that 
Socrates  speaks  of  his  body  being  either  bumt  or 
buried  (Plat  Pkaed.  pw  1 15)  ;  the  body  of  Timoleon 
was  burnt  (Plut  TimoL  39),  and  so  was  that  of 
Philopoemen.  (Id.  PA»fcp.21.)  The  word  ^dwruv 
IB  used  in  connection  vrith  either  mode  ;  it  is  applied 
to  the  collection  of  the  ashes  after  burning,  and  ac- 
cordingly we  find  the  words  ico/cir  and  ddrrttv 
used  together.  (Dionys.  A»L  Hom^  v.  48.)  The 
proper  expression  for  interment  in  the  earth  is 
itaropuTruv,  whence  we  find  Socrates  speaking  of 
rh  irAfUi  Ij  Ka6fiewo¥  Ij  itaTopvrr6fi9yoK  In  Homer 
the  bodies  of  the  dead  are  burnt  (//.  xxiii.  127, 
Ac,  xxiv.  787,  &C.)  ;  but  interment  was  also  used 
in  very  ancient  times.  Cicero  (de  Leg.  ii.  25)  says 
that  the  dead  were  buried  at  Athens  in  the  time 
of  Cecrops ;  and  we  also  read  of  the  bones  of  Ores- 
tes being  found  in  a  coffin  at  Tegea.  (Herod,  i.  68  ; 
compare  Plut&)^  10.)  The  dead  were  commonly 
buried  among  the  Spartans  (Plut  Ltfc.  27  ;  c(»m- 
pareThucyd.  L  134)  and  the  Sicyonians  (Paus.  il  7. 
§  3)  ;  and  the  prevalence  of  this  practice  is  proved 
by  the  great  number  of  skeletons  foimd  in  coffins 
in  modem  times,  which  have  evidently  not  been 
exposed  to  the  action  of  firt.  Both  burning  and 
burying  appear  to  have  been  always  used  to  a 
greater  or  less  extent  at  different  periods  ;  till  the 
spread  of  Christianity  at  length  put  an  end  to  the 
former  practice. 

The  dead  bodies  were  usually  bumt  on  piles  of 
wood,  called  wvfm(.  The  body  was  placed  on  the 
top  ;  and  in  the  heroic  times  it  was  customary  to 
bum  with  the  corpse  animals  and  even  captives  or 
slaves.  Thus  at  the  funeral  of  Patroclas,  Achilles 
killed  many  sheep,  oxen,  horses,  and  dogs,  and 
also  twelve  captive  Trojans,  whose  bodies  he  bumt 
with  those  of  his  friend.  (//.  xxiii.  165,  &c.)  Oils 
and  perfumes  were  also  thrown  into  the  flames 
When  the  pyre  was  bumt  down,  the  remains  of 
the  fire  were  quenched  with  wine,  and  the  relatives 
and  friends  collected  the  bones.  (IL  xxiv.  791.) 
The  bones  were  then  washed  with  wine  and  oil, 
and  placed  in  urns,  which  were  sometimes  made  of 
gold.     (Orf.  xxiv.  71,&c.) 

The  corpses,  which  were  not  bumt,  were  buried 
in  coflins,  which  were  called  by  various  names,  as 
copoly  w^cAoi,  Krivolf  XdpvaxtSy  hpotrai^  though 
some  of  these  names  are  also  applied  to  the  urns 
in  which  the  bones  were  collected.  They  were 
made  of  various  materials,  but  were  usually  of 
baked  clay  or  earthenware.  Their  forms  are  very 
various,  as  may  be  seen  by  a  reference  to  Stackel- 
berg  (Die  Gr'dber  der  Hellenen,  pL  7, 8).    The  pre  - 


556 


FUNUS. 


ceding  woodcut  contains  two  of  the  moot  ancient 
kind  ;  the  figure  in  the  middle  is  the  section  of  one. 

The  dead  were  usually  buried  outside  the  town, 
as  it  was  thought  that  their  presence  in  the  city- 
brought  pollution  to  the  liying.  At  Athens  the 
dead  were  formerly  buried  in  their  own  houses 
(Plat.  Min.  L  c),  but  in  historical  times  none  were 
allowed  to  be  buried  within  the  city.  (Cic.  ad 
Fam.  iv.  12.  §  3.)  Lycurgus,  in  order  to  remove 
all  superstition  respecting  the  presence  of  the  dead, 
allowed  of  burial  in  Sparta  (Plut  Lye,  27) ;  and 
at  Megara  also  the  dead  were  buried  within  the 
town.     (Pans.  i.  43.  §  2.) 

Persons  who  possessed  lands  in  Attica  were  fre- 
quently buried  in  them,  and  we  therefore  read  of 
tombs  in  the  fields.  (Dem.  c.  Euer^.n.  1159; 
Donat.  ad  Ter.  Eun.  ProL  10.)  Tombs,  however, 
were  most  frequently  built  by  the  side  of  roads  and 
near  the  gates  of  the  city.  Thus  the  tomb  of  Thu- 
cydides  was  near  the  Melitian  gate  ( Pans.  i.  23. 
§  11)  ;  but  the  most  common  place  of  burial  was 
outside  of  the  Itonian  gate,  near  the  road  leading  to 
the  Peiraeeus,  which  gate  was  for  that  reason  called 
the  burial  gate.  (^Hplcu  irvAai,  Etym,  Mag.  and 
Hnrpocr.  ».v.;  Theophr.  C%ar.  14.)  Those  who 
had  fallen  in  battle  were  buried  at  the  public  ex- 
pense in  the  outer  Cerameicus,  on  the  road  leading 
to  the  Academia.  (Thuc.  il  34  ;  Pans.  i.  29. 
§4.) 

The  tombs  were  regarded  as  private  property, 
and  belonged  exclusively  to  the  families  whose  re- 
latives had  been  buried  in  them.  (Dem.  c.  Eubul. 
p.  1307,  c.  MacarU  p.  1077  ;  Cic.  de  Leg.  ii.  26.) 

Tombs  were  called  i^Kai,  rei^i,  fty^/xara^ 
fiyTjfitToy  (Hifiara.  Many  of  these  were  only 
mounds  of  earth  or  stones  (xci'/Mtro,  KoK&vat, 
Tvfi€oi).  Others  were  built  of  stone,  and  frequently 
ornamented  with  great  taste.  Some  of  the  most 
remarkable  Greek  tombs  are  those  which  have 
been  discovered  in  Lycia  by  Sir  C.  Fellows.  In  the 
neighbourhood  of  Antiphellus  the  tombs  are  very 
numerous.  They  all  have  Greek  inscriptions,  which 
arc  generally  much  destroyed  by  the  damp  sea 
air.  The  following  woodcut,  taken  from  Fellows's 
work  (Excursion  in  Asia  Minor^^.  219),  contains 
one  of  these  tombs,  and  will  give  an  idea  of  the 
general  appearance  of  the  whole. 


FUNUS. 

At  Xanthus  the  tombs  are  still  more  numerr^ 
They  are  cut  into,  or  arc  formed  by  cutting  awTi 
the  rock,  leaving  the  tombs  standing  like  works 
BCidpture.  (lb.  p.  226.)  The  same  is  the  case 
Telmessus,  where  they  are  cut  oat  of  the  inck 
the  form  of  temples.  They  are  generally  approachi 
by  steps,  and  the  columns  of  Uie  portico  stand  q 
about  six  feet  from  the  entrance  to  the  cella  ;  tl 
interiors  vary  but  little;  they  are  nsuallT  abo 
six  feet  in  height  and  nine  feet  by  twdve  in  si^ 
One  side  is  occupied  by  the  door,  and  the  otl^ 
sides  contain  benches  on  which  the  coffins  or  un 
have  been  placed.  (lb.  p.  245.) 

Some  Greek  tombs  were  built  under  ground,  a| 
called  hypogea  ((nriqfota  or  vr^ycia).  They  «j 
respond  to  the  Roman  condiioria,   (Petnw.  c  1 1  il 

At  Athens  the  dead  appear  to  hare  been  osuaij 
buried  in  the  earth ;  and  originally  the  place  of  the! 
interment  was  not  marked  by  any  monommL  (C^ 
de  Leg.  ii  25.)  Aflerwards,  howerer,  ao  mini 
expense  was  incurred  in  the  erection  of  m<niiimesij 
to  the  deceased,  that  it  was  provided  by  out  i 
Solon*s  laws,  that  no  one  should  erect  a  monmn^ 
which  could  not  be  completed  by  ten  men  in  it\ 
course  of  three  days.  (Id.  ii.  26.)  This  law,  hont 
ever,  does  not  seem  to  have  been  strictly  observe] 
We  read  of  one  monument  which  cost  twenty- 6 vj 
minae  (Lys.  e.  Diog.jp.  90S),  and  of  another  whicj 
cost  more  than  two  talents.  (Dem.  c  SiffJL  \ 
p.  1125.  15.)  Demetrius  Phalerens  also  attempt^ 
to  put  a  stop  to  this  expense  by  forbidding  tb^ 
erection  of  any  funeral  monument  more  than  threi 
cubits  in  height    (Cic.  L  e.) 

The  monuments  erected  over  the  graves  of  perj 
sons  were  usually  of  four  kinds :  1.  <rr^Aai,  pilbr^ 
or  upright  stone  tablets  ;  2.  xiores,  columns  ;  $i 
vatSia  or  ripv<h  snudl  buildings  in  the  fonn  of  uwi 
pies  ;  and  4.  rpawtiai,  flat  square  stones,  called  bj^ 
Cicero  (L  e.)  mensae.  The  term  cmiAai  is  soat^ 
times  applied  to  all  kinds  of  funeral  monoments 
but  properly  designates  upright  stone  tablets,  vbhri^ 
were  usuiuly  terminated  with  an  oval  headinf^ 
called  iwlBrifm.  These  iviOiifiara  were  frequentlr 
ornamented  with  a  kind  of  arabesque  vrmli,  as  in 
the  two  following  specimens  taken  from  Stackel- 
berg  (pi,  3).  The  shape  of  the  iwlBjifta^  however, 
sometimes  differed ;  among  the  Sicyonians  it  mi 


ill  the  shape  of  the  4€T<Jy  arfastigium  [Fastigiuh], 
which  is  placed  over  the  extremity  <A  a  t<wple. 
Tho  «ioK«s,  or  columns,  were  of  various  fartai. 


FUNUS. 

TV  three  in  the  following  woodcut  are  taken  from 
Stackrlbog  (pL  44,  45)  and  Millin  {Peiu.de  Vaaet 
jitToliLpLSl.) 


FUNUS. 


557 


Tbc  folkvisg  example  of  an  ^p^v,  which  is  also 
tikco  from  Stackelberg  (pL  1 )  vriU  give  a  general 
idea  of  moDODifnts  of  this  kind.  Another  vp^ov 
u  gWes  in  the  oouBe  of  thia  article  (p.  558,  a.). 


The  uocriptions  upon  these  funeral  monuments 
Muaily  cootab  the  name  of  the  deceased  person, 
ud  tkt  of  the  demus  to  which  he  belonged,  as 
^Hl  M  frequently  some  account  of  his  life.  A 
^vk  OQ  sQch  monuments,  entitled  Ilcpi  Mn^/utrwr 
«» written  by  Diodoms  Periegetea.  (Plut  Tkan, 
32.) 

Ontioos  in  praise  of  the  dead  were  sometimes 
pnffloanced ;  but  Solon  ordained  that  such  orations 
««nld  be  confined  to  persons  who  were  honoured 
With  a  pablic  fnncraL  (Cic.  ds  Leg,  iL  26.)  In 
w»  bcroic  sges  games  were  celebrated  at  the  fune- 
ral of  a  great  man,  as  in  the  case  of  Patroclus  (77. 
^) ;  bat  this  practice  does  not  seem  to  have 
been  moal  in  the  historical  times. 

AJl  persons  who  had  been  engaged  in  funerals 
»«e  coDsidered  polluted,  and  could  not  enter  the 
^lAes  of  the  gods  till  they  had  been  purified. 
Th«e  penons  who  were  reported  to  have  died  in 
™^ign  countries,  and  whose  funeral  rites  had  been 
penonned  in  their  own  cities,  were  called  inrr^^ 
^m  and  S«irrc^or/ioi  if  they  were  alive.  Such 
P^*>«  were  considered  impure,  and  could  only  be 
^*"'wA  frvn  their  impurity  by  being  dressed  in 


swaddling  clothes,  and  treated  like  new-born  in- 
fiants.  (Hesych.  t.  v. ;  Plut  QeaaA,  Rom,  5.) 

After  the  funeral  was  over  the  relatives  partook 
of  a  feast,  which  was  called  wcpfScivyov  or  yeicp6- 
Scnrvor.  (Lucian,  lb,  c.  24  ;  Cic  de  Leg.  ii,  25.) 
This  feast  was  always  given  at  the  house  of  the 
nearest  relative  of  the  deceased.  Thus  the  relatives 
of  those  who  had  fallen  at  the  battle  of  Chaeroneia 
partook  of  the  wtplScnryor  at  the  house  of  Demo- 
sthenes, as  if  he  were  the  nearest  rehidve  to  them 
all.  (Dem.  pro  Coron,  p.  321.  15.)  These  feasts 
are  fiequently  represented  on  funeral  monuments. 
In  one  comer  a  horse^s  head  is  usually  placed,  which 
was  intended  to  represent  death  as  a  journey.  The 
following  woodcut,  which  represents  a  -wtpiiearvov 
or  rf  Kp^ciiryor,  is  taken  from  the  Marmora  Otom.  i. 
tab.  52.  No.  1 35.  A  similar  example  of  a  wcptScirvor 
is  given  at  the  beginning  of  Hobhouse's  Travda. 
(Compare  MUller,  Archdol.  der  Kunet^  §  428.  2.) 


On  the  second  day  after  the  funeral  a  sacrifice 
to  the  dead  was  offered,  called  rpfro.  Pollux  (viii. 
146)  enumerates,  in  order,  all  the  sacrifices  and 
ceremonies  which  followed  the  fimeral, — rpfro, 
iryaroy  rpteucdies,  iyayia-^un-Oy  x<mU.  Aristophanes 
{Lytistr,  611,  with  Schol.)  alludes  to  the  rpfro. 
The  principal  sacrifice,  however,  to  the  dead  was 
on  the  ninth  day,  called  Iwora  or  fvoro.  (Aeschin. 
c.  Ctesiph.  p.  61 7  ;  Isaens,  tie  Ciron.  hered,  p.  224.) 
The  mourning  for  the  dead  appears  to  have  histed 
till  the  thirtieth  day  after  the  funeral  (Lys.  de  ixted, 
EraL  p.  16),  on  which  day  sacrifices  were  again 
offered.  (Harpocrat  ».  v,  rpieucds.)  At  Sparta  the 
time  of  mourning  was  limited  to  eleven  days. 
(Plut  Lye.  27.)  During  the  time  of  mourning  it 
was  considered  indecorous  for  the  relatives  of  the 
deceased  to  appear  in  public  (Aeschin.  e.  Ctetiph, 
pp.  468,  469) ;  they  were  accustomed  to  wear  a 
bkick  dress  (Eurip.  Helen.  1087,  Iphig.  Aul.  1438; 
Isaens,  de  Nicostr,  her.  p.  71  ;  Plut  Perid.  38), 
and  in  ancient  times  cut  off  their  hair  as  a  sign  of 
grief,  (nx^icafios  wtyBrfrfipios,  AeschyL  ChotpL  7.) 

The  tombs  were  preserved  by  the  'family  to 
which  they  belonged  with  the  greatest  care,  and 
were  regarded  as  among  the  strongest  ties  which 
attached  a  man  to  his  native  land.  (AeschyL  Pers. 
405  ;  Lycurg.  c  Leocr.  p.  141.)  In  the  Docimasia 
of  the  Athenian  archons  it  was  always  a  subject 
of  inquiry  whether  they  had  kept  in  proper  repair 
the  tombs  of  their  ancestors.  ( Xen.  Mem,  ii«  2. 
§13.)  On  certain  days  the  tombs  were  crowned 
with  flowers,  and  offerings  were  made  to  the  dead, 
consisting  of  garlands  of  flowers  and  various  other 
things ;  for  an  account  of  which  see  Aeschyl.  Pen, 


558 


FUNUS. 


609,  &&,  Otoipk,  86,  &C.  The  act  of  oficnng 
these  pretenu  was  called  ivceyiCuy^  and  the  ofFer- 
iDgs  themselves  ivceyUrfuira^  or  more  commonly 
XoaL  Such  offerings  at  the  tombs  are  represented 
npon  many  X^irv^t,  or  painted  yases ;  of  which  an 
example  is  given  in  the  following  woodcut  (Millin, 
PeinL  de  Vates^  vol.  il  pL  27.)  The  tomb  is  built 
in  the  form  of  a  temple  (^p9>ov),  and  upon  it  is  a 
representation  of  the  deceased.  (Sec  also  Stackel- 
berg,  pi.  44 — 46,  and  Millin,  vol  ii.  pL  32.  38,  for 
further  examples.) 


The  ytvicia  mentioned  by  Herodotus  (iv.  26) 
appear  to  have  consisted  in  offerings  of  the  same 
kmd,  which  were  presented  on  the  anniversary  of 
the  birth-day  of  the  deceased.  The  ytK^tria  were 
inobably  offerings  on  the  anniversary  of  the  day  of 
the  death ;  though,  according  to  some  writers,  the 
v^ttixna  were  the  same  as  the  ytviffia.  (Hesych. 
S.O.  rcWo-ia:  Grammat.  Bekk.  p.  231.)  Meals 
were  also  presented  to  the  dead  and  burnt  (Lucian, 
Cotttempl.  22.  vol.  L  pw  519,  ed.  Reitz.  ;  de  Mere. 
Cbfu/.28.  p.  687  ;  Artemiod.  Oneirocr.  iv.  81.) 

Certain  criminals,  who  were  put  to  deafh  by  the 
state,  were  also  deprived  of  the  rights  of  burial, 
which  was  considered  as  an  additional  punish- 
ment There  were  places,  both  at  Athens  and 
Sparta,  where  the  dead  bodies  of  such  criminals 
were  cast  (Plut  T/ten.  22 ;  Thuc.  L  134.)  A 
person  who  had  committed  suicide  was  not  deprived 
of  burial,  but  the  hand  with  which  he  had  killed 
himself  was  cut  off  and  buried  by  itself.  (Aeschin. 
c.  Ctes.  pp.  636,  637.)  The  bodies  of  those  per- 
sons who  had  been  struck  by  lightning  were  re- 
garded as  sacred  (Upol  ¥(Kpol)  ;  they  were  never 
buried  with  others  (Eurip.  Si^.  935),  but  usually 
on  the  spot  where  they  had  been  struck.  (Arte- 
miod. Oneirocr.  ii.  9.  pw  1 46  ;  Bidbntal.) 

2.  Roman.  When  a  Roman  was  at  the  point 
of  death,  his  nearest  relation  present  endeavoured 
to  catch  the  last  breath  with  his  mouth.  (Virg. 
Aen.  iv.  684  ;  Cic  Verr.  v.  45.)  The  ring  was 
taken  off  the  finger  of  the  dying  person  (Suet  Tib. 
73) ;  and  as  soon  as  he  was  dead  his  eyes  and 
mouth  were  closed  by  the  nearest  relation  (Vii^. 
Aen.  Lx.  487  ;  Lucan,  iiL  740),  who  called  upon 
the  deceased  by  name  {indamarty  oondamare\  ex- 
claiming luive  or  vale.  (Ovid,  Tiist.  iil  3.  43,  Met. 
X.  62,  Fad.  iv.  852 ;  Catull.  cl  10.)  The  corpse 
was  then  washed,  and  anointed  with  oil  and  per- 
fumes by  slaves,  called  PoUinctoree^  who  belonged 
to  the  Libitinariiy  or  undertakers,  called  by  the 
Greeks  yfKfKSik^au    (Dig.  14.  tit  3.  i.  5.  §8.) 


FUNUS. 

The  Libitinarii  appear  to  have  been  so  calWd  b'- 
caose  they  dwelt  near  the  temple  of  Venus  Libitin^ 
where  all  things  requisite  for  fimnals  were  sr44 
(Senec  de  Be^.  vi  38  ;  Plat  QmaesL  Ram.  23{ 
Liv.  xll21  ;  Plat  Num.  12.)  Hence  ve  find  M 
expressions  vitare  Libitittam  and  eoadere  IMkHm^A 
used  in  the  sense  of  escaping  death.  (Hor.  Carm» 
iiL  30.  6 ;  Juv.  xiL  122.)  At  thia  temple  aa  ac- 
count ixoiioy  ejAemerie)  was  kept  of  those  who  di^ 
and  a  small  sum  was  paid  for  the  regfistradnn  i 
their  names.  (Suet  Ner.  39  ;  Dionji.  AnL  horn. 
iv.  15.) 

A  small  coin  was  then  placed  in  the  n»outh  4 
the  corpse,  in  order  to  pay  the  fenirnuui  in  Ha  its 
(Juv.  iiL  267),  and  the  body  was  Uid  out  <m  s 
couch  in  the  vestibule  of  the  house,  with  its  f'>ci 
to^rards  the  door,  and  dressed  in  the  best  rr^n 
which  the  deceased  had  worn  when  alive.  Ordi- 
nary citizens  were  dressed  in  a  white  tojea,  lai 
magistrates  in  their  official  robes.  (Jot.  iiL  1 12 ; 
Liv.  xxxiv.  7  ;  Suet  Ner,  50.)  If  the  deceuv4 
had  received  a  crown  while  alive  as  a  reward  for 
his  bravery,  it  was  now  placed  on  his  head  ( Cic 
de  Leg.  iL  24)  ;  and  the  couch  on  which  be  ww 
laid  was  sometimes  covered  with  leavt»  and  fitiwrrs. 
A  branch  of  cypress  was  also  osually  pbced  at  the 
door  of  the  house,  if  he  was  a  person  of  cnov^ 
quence.     (Lucan.  iiL  442  ;  Hor.  Carm.  ii.  \i.  2X) 

Funerals  were   usually  called  fumera  Jtti^a   >r 
exsequiae  ;  the  latter  term  was  generally  applieti  :o 
the  funeral  procession  (pompa  /knebris).     There 
were  two  kinds  of  funerals,  public  and  priratr  ;  nf 
which  the  former  was  called /imaw/niMtaMi  (Tach. 
^nn.  vL  11)  or  indictwum^  because  the  peofde  wrr>- 
invited  to  it  by  a  herald.    (Festus,  «. «.  /  Cic.  -ii 
Leg.  ii.  24) ;  the  latter  fwtue  tacUum  (Ovid,  Tri^. 
i.  3.  22%  translatUUtm  (Suet  Ner.  33X  crp/e^^exaa. 
A  person  appears  to  have  osually  left  a  certain  son 
of  money  in  his  will  to  pay  the  expenses  a(  hi 
funeral  ;  but  if  he  did  not  do  so,  nor  appoint  .tor 
one  to  bury  him,  this  duty  devolved  npon  the  per- 
sons to  whom  the  property  was  left,  and  if  he  di^ 
without  a  will,  upon  his  relaUons  according  to  their 
order  of  succession  to  the  property.     (Dur- 1 1-  tit 
7.  s.  12.)     The  expenses  of  the  fimeral  were  ia 
such  cases  decided  by  an  arbiter  according  to  the 
property  and  rank  of    the  deceased  (Dig.  /.  r.\ 
whence  arbitria  is  used  to  signify  the  fimeral  ex- 
penses.   (Cic pro  Domo,  37,  posi  Red.  im  Sem.  7,  is 
Pis.  9.)     The  following  description  of  the  mode  in 
which  a  funeral  was  conducted  applies  strictly  onir 
to  the  funerals  of  the  great ;  the  same  pomp  sini 
ceremony  could  not  of  course  be  observed  in  the 
case  of  persons  in  ordinary  circumstances. 

All  funerals  in  ancient  times  were  perfonnt^  at 
night  (Serv.  ad  Virg.  Aen.  zi.  143  ;  Isidor.  xL  i. 
XX.  1 0),  but  afterwards  the  poor  only  were  borusi 
at  night,  because  they  could  not  afford  to  have  anr 
funetal  processioiu  (Festus,  s.  e.  Vespae;  Suet 
Dom.  17;  Dionys.  iv.  40.)  The  corpse  was  osuallj 
carried  out  of  the  house  (eferebaimr)  on  the  ei^rhi)) 
day  after  death.  (Serv.  ad  Virg.  Aem.  t.  t^4.) 
The  order  of  the  funeral  procession  was  refulsted 
by  a  person  called  Deeignaior  or  Domnau  fveen.% 
who  was  attended  by  lictors  dressed  in  black. 
(Donat  ad  Ter.  AdelpL  L  2.  7;  CicAe  Leg.  iL24; 
Hor.  Ep.  L  7.  6.)  It  was  headed  by  musician*  of 
various  kinds  (oom»cmes,  eiticines\  who  pbyed 
mournful  strains  (Cic  lUd.  iL  23 ;  Gell  xx.  '2K 
and  next  came  mourning  women,  called  Pmeju^ 
(Festus,  9,  «.),  who  were  hired  to  hunent  and  siog 


PUNUS. 

tbe  faaenl  wag  (waada  or  lesmui)  in  pnoM  of  the 
^saueL  Tbeae  were  BometiiDes  followed  by 
^jen  and  bofiboitt  (jcvmw,  hutrioMi\  of  whom 
ril^  called  Ankimimmt^  repreeented  the  cbancter 
ef  die  dMeHed,«ad  imitated  hk  words  snd  actioDB. 
(SoiK.  Vtip.  19.)  Then  came  the  slaves  whom  the 
dfreaaed  bad  liboated,  wearing  the  cap  of  liberty 
ipdeaaj ;  the  nomber  of  wham  was  owaaionally 
Tf!T  gntt,  aoiee  a  master  sometimes  liberated  sU 
Lis'^vM,  in  his  will,  in  order  to  add  to  the  pomp 
d  loi  fmenL  (Dionya.  ir.  24  ;  eompare  Liv. 
mrm.  5&.)  Before  the  oorpse  penons  walked 
vaiog  waxen  masks  [Imago],  representing  the 
BBcesisnof  thedeeeased,  and  clothed  in  the  official 
ixmi  of  thoae  whom  they  represented  (Polyb. 
«i  53 :  Plin.  H.N,  zxzr.  2) ;  and  there  were  also 
earned  before  the  eorpse  the  crowns  or  mHitaij  re- 
vardf  wludt  tiis  deceased  had  gained.    (Cic.  de 

TheoKpae  was  carried  on  a  coach  (leeiin\  to 
vludi  the  name  of  Fsretfrwrn  (Yano,  de  Limg.  Lot. 
T.  166)  or  Captin  (Festna,  9, «.)  was  usually  giTen ; 
fast  tbe  bodiea  of  poor  ddxens  and  of  slaves  were 
orried  OB  a  common  kind  of  bier  or  coffin,  called 
Stfiofila.  (Mart  vl  SI,  TiiL  75.  14 ;  Jay.  Tiii 
175;t>fooreB,Hor.&tf.L8.9.)  T\m  SmdapUa 
V3S  carried  by  bearers,  called  VapoB  or  FsaptZ/bnet 
(Soet  Dm,  17 ;  Mart  L  31.  48),  becanae,  ac- 
cnding  to  Featna  {a,  «.),  they  carried  oat  the 
cerpaef  ia  the  erening  (eeapeFtmo  tempon).  The 
oiecka  on  which  the  corpses  of  the  rich  were  car- 
ried vere  aoaetimes  made  of  ivory,  and  covered 
wi  gold  and  purple.  (Soet  Jti/.  84.)  They  were 
oftcQ  carried  on  the  shouldera  of  the  nearest  rela- 
tiiaa  of  the  deceased  (Valer.  Max.  vii  1.  §  1  ;  Hor. 
S-iL  Q.  8.  56X  and  aometimea  on  those  of  hia  freed* 
aen.  (Pen.  iii  106.)  Julias  Caeaar  was  carried 
W  the  Bagiatnlca  (Suet  Jtd.  84),  and  Aoguatua 
V  the  wnatora.  (Id.  Aug.  100 ;  Tacit.  Ami.  i  8.) 
The  iclatiaDaof  the  deceaaed  walked  behind  the 
corpse  in  nooming ;  bis  aona  with  their  heads 
vetted,  and  hia  duigbters  with  their  heads  bare 
aod  thdr  hair  diaherelled,  coDtrary  to  the  ordinary 
poctioeoffaoth.  (Plut  Qwzm^.  iiom.  14.)  They 
efiffl  ottered  load  lamentations,  and  the  women  beat 
their  breaataand  tore  their  cheeka,  though  thia  waa 
fcrbidden  bj  the  Twelve  Tablea.  (Mulieret  genaa 
«nitfnda,  Cic  de  Leg.  ii  23.)  If  the  deceaaed 
vts  of  ilhntrioua  rank,  the  fnneral  proceaaion  went 
throagb  the  &ram  (Dionya.  iv.  40),  and  stopped  be- 
^  tltt  rosfro,  where  a  fonerel  oration  {^udatio) 
m  pniM  of  the  deceased  was  delivered.  (Dionya. 
vI7;CM:pn>jlfi/.  13,  <2e  Ora<.  il  84  ;  SuetJa^ 
^',  Aug.  100.)  Thia  practice  waa  of  great  an- 
tiqiritj  among  the  Romana,  and  ia  aaid  by  aome 
TOtm  to  have  been  fint  intreduced  by  Publicola, 
VM  pnooonoed  a  fonexal  oration  in  himour  of  hia 
c^^leagae  Bmtaa.  (Plut  Pubdc  9  ;  Dionya.  v.  1 7.) 
Women  alu  were  honoured  by  fimetal  orationa. 
(Cic  *  Onrt.  ii.  11  ;  Suet  Jid.  26,  CaL  10.) 
From  the  £gnun  the  corpae  was  cairied  to  the  place 
otbmniiig  or  banal,  which,  according  to  a  law  of 
ueTvelve  Tables,  was  obliged  to  be  outside  the 
«^{Cic.dk£^ii23.) 

The  B«nans  in  the  most  ancient  times  buried 
thw  dead  (PUa.  H.  N.  rii  65),  though  they  alao 
f*ny  adopted,  to  aome  extent,  the  cuatom  of  bum- 
°^  which  ia  mentioned  in  the  Twelve  Tables. 
(Cic  L  c)  Burning,  however,  does  not  appear  to 
we  become  general  till  the  later  times  of  the  re- 
f&blic;  Maina  was  bniied,  and  Sulla  was  the  first 


FUNUS. 


559 


of  the  Onneltan  gens  whose  body  was  burned. 
(Cic  •&.  ii.  22.)  Under  the  empire  burning  was 
almost  univeraally  practised,  but  waa  gradually  dia- 
Gontinned  aa  Chnatianity  apread  (Minac.  Felix,  p. 
327,  ed.  OuaeL  1672),  so  that  it  had  &llen  into 
disuae  in  the  fourth  oentory.  (MacroK  vii  7.)  Per- 
sons  struck  by  lightning  were  not  bomt,  but  btuied 
on  the  spot,  wluch  was  called  BidmttaL^  and  was 
considered  sacred*  [Biobmtal.]  Children  also, 
who  had  not  cat  their  teeth,  were  not  burnt,  but 
buried  in  a  place  called  Suggrtrndarmm.  (Plin. 
H,  M  Til  15  ;  Jav.  xv.  140 ;  Fulgent  da  jmae. 
Serm,  7.)  Those  who  were  buried  wen  placed  in 
a  coffin  (arm  or  haUu$\  which  was  frequently 
made  of  stone  ( Valer.  Max.  i  1.  §  12 ;  Auzd.  Vict 
da  Ftr.  fU,  42),  and  sometimes  cxf  the  Asstan 
stone,  which  came  from  Assos  in  Troas,and  which 
consnmed  all  the  body,  with  the  exception  of  the 
teeth,  in  40  days  (Plin.  H.  N.  iL  98,  xxxri  27  U 
whence  it  was  called  Sarcopkagtu,  This  name  wss 
in  course  of  time  applied  to  any  kind  of  coffin  or 
tomb.  (Jut.  x.  172  ;  Dig.  34.  tit  1.  aw  18.  §  5  ; 
Orelli,  Iiuer,  No.  194,  4432,  4554.) 

Tbe  oorpse  was  burnt  on  a  pile  of  wood  (pgra 
or  n>^Ma).  Servius  (ad  Virg,  Am,  xi  185)  thus 
defines  the  difference  between  pgra  and  ro^put, 
^  Pgra  est  lignorum  congeries  ;  rogw^  cum  jam 
ardere  coeperit,  dicitur.**  This  pile  was  built  in 
the  form  of  an  altar,  with  four  equal  sides,  whence 
we  find  it  called  ara  tepufcri  (Virg.  Aen,  vi.  177) 
and  /Musm  ara,  (Ovid,  Trist.  iu.  13.  21.)  The 
aides  of  the  pile  were,  according  to  the  Twelve 
Tables,  to  be  left  rough  and  unpolished  (Cic.  ds 
Leg.  ii.  23) ;  but  were  frequently  covered  with  dark 
leavea.  (Virg.  Aen.  vi.  215.)  Cypreaa  treea  were 
aometimea  placed  before  the  pile.  (Viig.  Ovid,  /.  e.  / 
SiL  Ital.  X.  535.)  On  the  top  of  the  pile  the  corpae 
waa  placed,  with  the  coach  on  which  it  had  been 
carried  (Tibull.  i.  1.  61),  and  the  neareat  relation 
then  set  fire  to  the  pile  with  hia  face  tamed  away. 
[Fax.]  When  the  flames  began  to  riae,  varioua 
perfumes  were  thrown  into  the  fire  (called  by 
Cicero  {L  .&)  wmpiuosa  reapersio),  thoi^h  thia 
practice  was  forbidden  by  the  Twelve  Tablea ; 
cups  of  oil,  ornaments,  dothea,  diahea  of  food,  and 
other  thinga,  which  were  auppoaed  to  be  agreeable 
to  the  deceaaed,  were  also  thrown  upon  the  flames. 
(Virg.  Aen.  vi  225  ;  Stat  Tlksft.  vL  126  ;  Lucan. 
ix.  175.) 

The  place  where  a  peraon  was  burnt  waa  called 
Bwtumy  if  he  was  afierwarda  buried  on  the  aamc 
apot  and  Ustrina  or  Usirinum  if  he  was  buried  at 
a  diflerent  place.  (Featua,  a.  v.  5twfami.)  Persona 
of  property  frequently  aet  apart  a  apace,  surrounded 
by  a  waU,  near  their  sepulchrea,  for  the  purpose  of 
burning  the  dead  ;  but  thoae  who  could  not  afford 
the  apace  appear  to  have  aometimea  placed  the 
funeral  pyrea  against  the  monuments  of  others, 
which  waa  frequently  forbidden  in  inacriptiona  on 
monuments.  (Hvie  momtmento  ustrmum  applteari 
fum  Uoetj  Oruter,  755.  4.  656.  3 ;  Orelli,  4384, 
4385.) 

If  tbe  deceased  was  an  emperor,  or  an  illustrious 
general,  the  soldiers  marehed  {(deeurrebont)  three 
times  round  the  pile  (Virg.  Aen,  xi.  188  ;  Tacit 
Ami,  u.  7),  which  cuatom  waa  obaerved  annually 
at  a  monument  built  by  the  aoldiers  in  honour  of 
Druaus.  (Suet  Claud.  I.)  Sometimes  animala 
were  alaughtered  at  the  pile,  and  in  ancient  times 
captives  and  alavea,  aince  theManea  were  aupposed 
to  be  fond  of  blood ;  but  afterwards  gladiators, 


5G0 


FUNU& 


called  BuMuani^  were  hired  to  figbt  round  the 
burning  pile.  (Serv.  ad  Virg,  Aen.  z.  519;  comp. 
Hor.  Sat  iL  3.  85.) 

When  the  pile  was  burnt  down,  the  embers 
were  soaked  with  wine,  and  the  bones  and  ashes 
of  the  deceased  were  gathered  by  the  nearest  rela- 
tiycs  (Virg.  Am,  vl  226—228  ;'Tibull.  i.  3.  6,  iii. 
2.  10 ;  Suet  Aug.  100),  who  sprinkled  them  with 
perfumes,  and  placed  them  in  a  vessel  called  uma 
(Ovid,  Ann,  iiL  9.  39  ;  feralii  uma.  Tacit  Amt. 
iiL  1 ),  which  was  made  of  various  materials,  ac- 
cording to  the  circumstances  of  individuals.  Most 
of  the  funeral  urns  in  the  British  Museum  are  made 
of  marble,  alabaster,  or  baked  clay.  They  are  of 
various  shapes,  but  most  commonly  square  or  round; 
and  upon  them  there  is  usually  an  inscription  or 
epitaph  {titulua  or  epUaphium\  beginning  with  the 
letters  D.  M.  S.  or  only  D.  M.,  that  is,  Dis  Man- 
IBU8  Sacrum,  followed  by  the  name  of  the  de- 
ceased, with  the  length  of  his  life,  &c.,  and  also  by 
the  name  of  the  person  who  had  the  urn  made. 
The  following  examples,  taken  from  urns  in  the 
British  Museum,  will  give  a  general  knowledge  of 
such  inscriptions.  The  first  is  to  Serullia  Zosimenes, 
who  lived  26  years,  and  is  dedicated  by  her  son 
Prosdecius  ;  — 

D.M. 

Sbrvlliab  Zosimeni 

qvae  vixit  ann  xxvi. 

Bbnb  mbrbn.  fecit 

PROSDBCIVS    FiLIVS. 

The  next  is  an  inscription  to  Licinius  Successus, 
who  lived  13  years  one  month  and  19  daj's,  by  his 
most  imhappy  parents,  Comicus  and  Auriola :  — 

Dis.  Man. 
comicvs.  bt 

AVRIOLA.    PaRENTES 

Inpblicissimi 

LiCINIO  SVCCESSO. 
V.  A.    XIII.  M.  L  D.  XIX. 

The  following  woodcut  is  a  representation  of  a 
acpulchnJ  urn  in  the  British  Museum.     It  is  of  an 


C^SVTIAE 

PR  I  MAE 

fIFNIlSSIMi: 


FUN  us. 

upright  rectangular  form,  richly  oniamented  wkli 
foliage,  and  supported  at  the  sides  by  pilasten.  It 
is  erected  to  the  memory  of  Coacotia  Prima,  lu 
height  is  twenty-one  inches,  and  its  width,  at  ik 
base,  fourteen  inches  six-eighths.  Bdow  the  in- 
scription an  in&nt  genius  is  represented  dririi^  a 
car  drawn  by  four  horses. 

After  the  bones  and  ashes  of  the  deceased  bac 
been  placed  in  the  urn,  the  persons  pcesem  wt7?> 
thrice  sprinkled  by  a  priest  with  pure  water  fr>ia 
a  branch  of  olive  or  laurel  for  the  purpose  of  pchf - 
cation  (Viiy.  Aem.  vL  229  ;  Scnr.  tad  loc)  ;  afi^ 
which  they  were  dismissed  by  the  pra^Sea,  or  s«mf 
other  person,  by  the  solemn  word  liioet,  thai  k, 
ire  lieeL  (Serv.  /.  e.)  At  their  departure  iiiej  wevr- 
accustomed  to  bid  &rewell  to  the  deceased  by  pn^ 
nouncing  the  word  Vale,     (Serv.  L  c) 

The  urns  were  placed  in  sepulchres,  whieh, » 
already  stated,  were  outside  the  cit3r,  thoogb  is  a 
few  cases  we  read  of  the  dead  being  buried  witkk: 
the  city.  Thus  Valerius,  Publicol^  Tubertos,  scd 
Fabricius  were  buried  in  the  city  ;  which  right 
their  descendants  also  possessed,  but  did  not  ose. 
(Cic.  de  Leg.  iL  23.)  The  vestal  virgins  and  ikr 
emperors  were  buried  in  the  city,  according  to  Ser- 
vius  (ad  Virg,  Aen.  xl  205),  because  they  wnv 
not  boimd  by  the  Uws.  By  a  rescript  of  Hadnai^ 
those  who  buried  a  person  in  the  city  were  liabk  t  • 
a  penalty  of  40  aurei,  which  was  to  be  paki  to  ths 
fiscus  ;  and  the  spot  where  the  bnria]  had  takf^ 
place  was  confiscated.  (Dig.  47.  tit  12.  s.  3  |  a) 
The  practice  was  also  forbidden  by  Antoninus  Pius 
(Capitol.  Anion.  Pius,  12),  and  Tkeodoaas  IL 
(Cod.Theod.9.  tiLl7.  S.6.) 

The  verb  eepdire,  like  the  Chneek  ddtvrfv,  V3s 
applied  to  every  mode  of  disposing  of  the  dead 
(Plin.  //.  A^.  vii.  55)  ;  and  Bepulcmm  signified  ssj 
kind  of  tomb  in  which  the  body  or  bones  of  a  nmi 
were  placed.  {Sepuicrum  est,  ubi  corpus  assatv 
hominis  condita  sunt.  Dig.  1 1.  tit  7.  s.  2.  §  5  ;  eofn- 
pare  47.  tit.  12.  s.  3.  §  2.)  The  term  kamare  ni 
originally  used  for  burial  in  the  earth  (Plin.  L  cl, 
but  was  afterwards  applied  like  sepdire  to  any  iiwd« 
of  disposing  of  the  dead  ;  since  it  appears  to  ba^c 
been  the  custom,  after  the  body  was  burnt,  to 
throw  some  earth  upon  the  bones.  (Cic  de  Iai. 
ii.  23.) 

The  places  for  burial  were  either  public  or  pri- 
vate. The  public  places  of  burial  were  of  tvo 
kinds  ;  one  for  illustrious  citizens,  who  were  buried 
at  the  public  expense,  and  the  other  tot  poor  citi- 
zens, who  could  not  afford  to  purchase  ground  for 
the  purpose.  The  former  was  in  the  Campos  Mar- 
tiua,  which  was  ornamented  with  the  tombs  of  tb« 
illustrious  dead,  and  in  the  Campus  Esqailinus 
(Cic.  Phil  ix.  7)  ;  the  latter  was  also  in  the  Cam- 
pus Esquilinus,  and  consisted  of  small  pits  or 
caserns,  called  puticuU  or  puHculae  ( Varr.  de  U^- 
Lot.  V.  25.  ed.  MUller ;  Fcstus,  s.  v,  ;  Hor.  SaL 
i.  8.  10)  ;  but  as  this  place  rendered  the  neigh- 
bourhood unhealthy,  it  was  given  to  MaeceoAs. 
who  converted  it  into  gardens,  and  builtanng- 
nificent  house  upon  it  Private  places  for  burai 
were  usually  by  the  sides  of  the  roads  loadiog  to 
Rome  ;  and  on  some  of  these  roads,  such  as  the 
Via  Appia,  the  tombs  formed  an  almost  unin- 
terrupted street  for  many  miles  from  the  gates  of 
the  city.  They  were  frequently  built  by  indivi- 
duals during  their  life-time  (Senec.  de  Bree.  VU. 
20)  ;  thus  Augustus,  in  his  sixth  consulship,  baiit 
the  Mausoleum  for  his  sepulchre  between  the  Ya 


FUNU& 

fbasiak  wad  the  Tiber,  and  planted  round  H 
vTwb  and  iraDci  for  pablie  nae.  (Soet  At^,  100.) 
Tk  hein  wen  often  ordered  by  the  will  of  the 
d«e»ied  to  build  a  tomb  fiv  bim  (Hoc  SaL  u.  9. 
84 ;  PIi&  ^.  Ti  10)  ;  and  they  aometimea  did 
it  at  their  own  expense  (<!•  9ho\  which  ia  not  on- 
fi^watif  lecoided  in  the  inacription  on  funeral 
Bsonmenta,  aa  in  the^  following  example  taken 
fram  aa  un  in  the  Britiah  Moaeom  :— 

Dus  Manibvb 

L.  LxpiDi  Epaphhas 

Fatris  Optimi 

L.  LxpiDivs 

Maxucvs  F. 

DaSva 

Sepakbes  were  origjnallj  called  bm$ta  (Featna, 
Le.  5qM(2craBiXbat  thia  word  waa  afterwaida  em- 
]^Ttd  in  the  manner  mentioned  above  (p,  559,  b.). 
Sepikhita  were  alao  freqiientlj  called  Mommmmta 
Ck-ad  Fam.  hr.  12.  §  3  ;  Ovid,  M^  xiil  524X 
bat  thU  term  waa  alao  i^lied  to  a  monnment 
ended  to  the  memoiy  of  a  peraon  in  a  different 
pke  from  where  he  waa  bcvied.  (Featna,  a. «. ; 
Ck  pre  $Mt  67  ;  comp.  Dig.  11.  tit  8.)  Oomdi- 
tana  or  coaiilna  were  aepolchrea  under  ground, 
in  rhkh  dead  bodiea  were  placed  entire,  in  con- 
tadkinctkia  to  thooe  aepnlchrea  which  contained 
the  booes  and  aahea  only.  They  anawered  to  the 
Greek  irij9t»  or  ^wdyauuf. 

The  tombe  of  the  rich  were  commonly  built  of 
BaiUe,  and  the  ground  endoaed  with  an  iron 
ni^  or  wall,  and  phmted  round  with  treea.  (Cie. 
<irffaikiT.12.§3;  Tibnll.  iii  2. 22  ;  Soet  iVar. 
^  50 ;  Martial,  i  89.)  The  extent  of  the  bury- 
ing gnnnd  waa  marked  by  Cippi  [Cippus].  The 
imeof  JHoMofam,  which  waa  originally  ^e  name 
efthenuigmfieent  aepnlcbre  erected  by  Artemiaia 
to  the  memory  of  Mauaolua  king  of  Caria  (Plin. 
H.N,  xxxTL  4.  §  9,  xrxT.  49  ;  GelL  x.  18), 
«u  MBietiaiea  giyen  to  any  aplendid  tomb.  (Suet 
^«?.  100 ;  Paua.  TiiL  16.  §  9.)  The  open  apace 
hefoie  a  Kpolcfare  waa  called  fivum  [Fobum],  and 


PUNUa 


561 


neither  thia  ipaoe  nor  the  aepolchre  itaelf  could 
become  the  property  of  a  pemn  by  uancapion. 
(Cic.  de  Ltff,  iL  24.) 

Prirate  tomba  were  either  built  by  an  individual 
for  himaelf  and  the  membera  of  hia  fomily  (»epuicra 
familiaria\  or  for  himaelf  and  hia  heira  \»qmlcra 
Urtditaria^  Dig.  11.  tit  7.  8w  5).  A  tomb,  which 
waa  fitted  up  with  nichea  to  receive  the  funetal 
uma,  waa  called  oo/wm&iftiMi,  on  account  of  the 
reaemblanoe  of  theae  nichea  to  the  holea  of  a 
pigeon-houae.  In  theae  tomba  the  aahea  of  the 
fteiedmen  and  alavea  of  great  fiuniliea  were  fre> 
quently  placed  in  reaaela  made  of  baked  day, 
called  oUae^  which  were  let  into  the  thickneaa  of 
the  wall  within  theae  nichea,  the  lida  only  being 
Been,  and  the  inacriptiona  placed  in  front  Sevenu 
of  theae  columbaria  are  atill  to  be  aeen  at  Rome. 
One  of  the  moat  perfect  of  them,  which  waa  dia- 
corered  in  the  year  1 822,  at  the  villa  Rufini,  about 
two  milea  beyond  the  Porta  Pia,  ia  repreaented  in 
the  annexed  woodcut 


Tomba  were  of  varioua  aizea  and  forma,  according 
to  the  wealth  and  taate  of  the  owner.  The  fol- 
lowing woodcut,  which  repreaenta  part  of  the  atieet 
of  tomba  at  Pompeii,  ia  taken  from  Masoia,  Pom* 
jMiiHKs parti  pU  18. 


AQ  theie  tomba  were  laiaed  on  a  platform  of 
BMonry  above  the  level  of  the  footway.  The  firat 
iHolding  on  the  right  hand  ia  a  funeral  tridinium, 
v^  pRsenta  to  the  atreet  a  phun  front  about 
tTCDtj  £eet  in  length.  The  next  ia  the  fomily 
tenbof  Naevoleia  Tyche  ;  it  conaiata  of  a  aquare 
chiding,  coutaining  a  amall  chamber,  and  from  the 
Ktel  of  the  outer  wall  atepa  riae,  which  aupport  a 
Barbie  dppoa  richly  ornamented.  The  burial- 
V^^^  of  Keatacidma  foUowa  next,  which  ia  auiw 
iWDded  \rj  a  low  wall ;  next  to  which  cornea  a 
BUDonunt  erected  to  the  memoiy  of  C.  CahrentiiH 
^^^  1^  buOding  ia  aolid,  and  waa  not 
^^'^f^  a  ^ace  of  bnnal,  but  only  an  honorary 
J«h.  The  wan  m  front  ia  aoarcdy  four  feet 
h^  from  which  three  atepa  lead  up  to  a  dppua. 
l^M  back  riaea  into  a  pediment ;  and  the  extreme 
'^  of  the  whole  from  the  footway  ia  about 
*^'<MMn  feet.    An  unoccupied  apace  intervenea 


between  thia  tomb  and  the  next,  which  beara  no 
inacription.  The  laat  building  on  the  left  ia  the 
tomb  of  Scanrua,  which  ia  ornamented  with  baa- 
reliefo  repreaenting  gladiatorial  eombata  and  the 
hunting  of  wild  beaata. 

The  tomba  of  the  Romana  were  ornamented 
in  variona  waya,  but  they  aeldom  repreaented  death 
in  a  direct  manner.  (Miiller,  Ardtmol.  der 
Kwuiy  §  431  ;  Leaaing,  Wie  du  AUm  dm  Tod 
gtbiidti  kabm  f)  A  horae'a  head  waa  one  of  the 
moat  oemmen  repreaentationa  of  death,  aa  it  aigni- 
fied  departure  ;  but  we  rardy  meet  with  akdetona 
upem  tomba.  The  following  woodcut,  however, 
which  ia  taken  from  a  baa-relief  upon  one  of  the 
tomba  of  Pompeii,  repreaenta  the  akeleton  of  a 
child  lying  on  a  heap  of  atonea.  The  dreaa  of  the 
female,  who  ia  atoopmg  over  it,  ia  remarkable,  and 
ia  atni  preaerved,  according  to  Maxoia,  in  the 
country  around  Soia,     (Maxoia,  Pomp,  i.  pi.  29.)  - 


502 


FUNUa 


FUBCA, 


A  lepulchre,  or  any  place  in  which  a  penon 
was  baried,  was  rdiffioaus  ;  all  things  which  were 
left  or  belonged  to  the  Dii  Manes  were  religiotas  ; 
those  consecrated  to  the  Dii  Superi  were  called 
Sacrae,  (Gains,  il  46.)  Even  the  place  in  which 
a  slave  was  buried  was  considered  religiosus.  (Dig. 
11.  tit.  7.  8.2.)  Whoever  vioUted  a  sepulchre 
was  subject  to  an  action  termed  $epulcri  violaii 
actio,  (Dig.  47.  tit  12  ;  compare  Cic.  7\uc  L  12, 
<ie  L^.  ii.  22.)  Those  who  removed  the  bodies 
or  bones  from  the  sepulchre  were  punished  by  death 
or  deportatio  in  insulam,  according  to  their  rank  ; 
if  the  sepulchre  was  violated  in  any  other  way, 
they  were  punished  by  deportatio,  or  condemna- 
tion  to  the  mines.  (Dig.  47.  tit  12.  s.  11.)  The 
title  in  the  Digest  (11.  tit  7),  *^  De  Religiosis  et 
Sumtibus  Funerum,**  &c.,  also  contains  much  curi- 
ous information  on  the  subject,  and  is  well  worth 
perusaL 

After  the  bones  had  been  placed  in  the  urn  at 
the  funeral,  the  friends  returned  home.  They  then 
underwent  a  further  purification  called  aatgUioy 
which  consisted  in  being  sprinkled  with  water  and 
stepping  over  a  fire.  (Festus,  jl  v.  Aqua  tt  igni.) 
The  house  itself  was  also  swept  with  a  certain 
kind  of  broom  ;  which  sweeping  or  purification  was 
called  exverrae^  and  the  person  who  did  it  everria- 
tor,  (Festus,  s.  r.)  The  DeniaUss  Feriae  were 
also  days  set  apart  for  the  purification  of  the 
family.  (Festus,*.  v. ;  Cic  ds  Leg,  ii.  22.)  The 
mourning  and  solemnities  connected  with  the  deadi 
lasted  for  nine  days  after  the  funeral,  at  the  end  of 
which  time  a  sacrifice  was  performed,  called  NoveH- 
dtale,     (Porphyr.  cui  4loraL  Epod,  xvii.  48.) 

A  feast  was  given  in  honour  of  the  dead,  but 
it  is  uncertain  on  what  day  ;  it  sometimes  appears 
to  have  been  given  at  the  time  of  the  funeral,  some- 
times on  the  Novendiale,  and  sometimes  later. 
The  name  of  StUoernivm  was  given  to  this  feast 
(Festus,  9,v,)\  of  which  the  etymology  is  un- 
known. Among  the  tombs  at  Pompeii  Uiere  is  a 
funeral  tricliniam  for  the  celebration  of  these  feasts, 
which  is  rq)re8ented  in  the  annexed  woodcut 
(Mazois,  Pomp,  L  pi.  xx.)  It  is  open  to  the  sky, 
and  the  walls  are  ornamented  by  paintings  of  ani- 
mals in  the  centre  of  compartments,  which  have 
borders  of  flowers.  The  triclinium  is  made  of  stone, 
\jrith  a  pedestal  in  the  centre  to  receive  the  table. 

After  the  funeral  of  great  men,  there  was,  in  ad- 
dition to  the  feast  for  the  friendis  of  the  deceased, 
a  distribution  of  raw  meat  to  the  people,  called 
ViacenUio  (Liv.  viii.  22),  and  sometimes  a  public 
banquet  (Suet  J^  26.)  0>mbaU  of  gladiators 
and  otho*  games  were  also  frequently  exhibited  in 


\]j\\  [^£^£ 

S                        ^-^ 

^' 

J 

honour  of  the  deceased.  Thus  at  the  funoal  d 
P.  Licinius  Crassus,  who  had  been  Pontifex  Maxi- 
mus,  raw  meat  was  distributed  to  the  people,  « 
hundred  and  twenty  gladiators  fought,  and  fbne-nl 
games  were  celebrated  for  three  days  ;  at  the  end 
of  which  a  public  banquet  was  given  in  the  forum. 
(Liv.  xxxix.  46.)  Public  feasts  and  fiinefal  games 
were  sometimes  given  on  the  annivecaarr  of  fune- 
rals. Faustus,  the  son  of  Sulla,  exhibited  in 
honour  of  his  fiUher  a  show  of  gladiatota  aeverai 
years  after  his  death,  and  gave  a  feast  to  tbe 
people,  according  to  his  fiithei^s  testament.  (Dion 
Cass.xxxviL51;  Cic.  ;mv  ShOL  la)  At  ail  ban- 
quets in  honour  of  the  dead,  the  guests  i 
in  white.     (Cic.  <x  Vathi,  13.) 

The  Romans,  like  the  Greeks,  weie  i 
to  visit  the  tombs  of  their  relatives  at  eertaia 
periods,  and  to  ofifer  to  them  sacrifices  and  Taiioos 
giib,  which  were  called  luferiae  and  /VwwIii/mi 
The  Romans  appear  to  have  regarded  the  Maaes  or 
departed  souls  of  their  anoestots  as  goda ;  whence 
arose  the  practice  of  pr<>senting  to  ^em  oUatiaat, 
which  consisted  of  victims,  wine,  milk,  gariands  of 
flowers,  and  other  things.  (Viig.  Aeu.  v.  77,  ix. 
215,  X.  519  ;  Tacit  Hid.  ii  95  ;  SaeL  OaL  15 , 
Ner.  57  ;  Cic.  PhiL  I  6.)  The  tombs  were  sooe- 
times  illuminated  on  these  occasions  with  lamps. 
(Dig.  4a  tit  4  s.  44.)  In  the  huter  end  of  tlte 
month  of  Februaiy  there  was  a  festival,  called 
FerxtUa^  in  which  the  Romans  were  aooostoroed  to 
carry  food  to  the  sepulchres  for  the  use  of  the  dead. 
(Festus,  a,  e. ;  Varro,  de  lAng,  LaL  vL  13 ;  Old, 
Faat,  ii  565—570  ;  Cic.  ad  AU,  viii  14.) 

The  Romans,  like  ourselves,  were  aocuatooied  ia 
wear  mourning  for  their  dec«ised  friends,  which 
appears  to  have  been  black  or  dark-blue  (afro) 
under  the  republic  for  both  sexesL  (Scfv.  ad  Vng. 
Aeiuxl  287.)  Under  the  empire  the  men  con- 
tinued to  wear  black  in  mourning  (Juv.  x.  245), 
but  the  women  wore  white.  (Herodian.  iv.  2.) 
They  laid  aside  all  kinds  of  ornaments  (Herodiso. 
Lc;  Terent  JleauL  ii.  3.  47),  and  did  not  cot 
either  their  hair  or  beard.  (Suet.  JmL  67,  uliy.  22, 
CaL  24.)  Men  appear  to  have  usnally  won  their 
mooming  for  only  a  few  days  (Dion  Cass.  IvL  43), 
but  women  for  a  year  when  they  lost  a  husband  or 
parent  (Ovid,  Fad,  iii  134 ;  Seaec^pid,^ 
CoH»oL  ad  Hdv,  16.) 

In  a  public  mourning  on  account  of  s«ne  t^^ 
calamity,  as  for  instance  the  loss  of  a  battle  or  the 
death  of  an  emperor,  there  was  a  total  cesstioa 
from  business,  called  JusHHmm.  [Justitium.]  la 
a  public  mourning  the  senators  did  not  wear  the 
latns  davns  and  their  rings  (Liv.  ix.  7),  nor  the 
magistrates  their  badges  of  offioe.  (Tadt  Amu 
iii  4.) 

(Meursius,cfe/Vtner»;  Stackelberg,  Dis  (rra£«r 
dm-  HeUwm^  Berlin,  1837  ;  Kirchmann,<(s  Fmeri- 
bus  Romanis;  Becker,  €3uiriMe$y  vol  ii  pp^  166— 
210,  G€dln$^  vol.  ii  pp.  271— dOl.) 

FURCA,  wluch  properly  means  a  fork,  was  aho 


PURTTJM. 

t^Baaeof  iftioBtninieiit  ofpaBkbnMnt.  It  vu 
apieee «f  vo«I  io  tke  fiorai  of  the  kttar  A,  which 
vas  flaeed  ^on  the  ■hovlden  of  the  offender,  whoie 
hak  weie  tiad  to  iL  SbveB  iran  frequently 
poaisked  in  thii  way,  and  woe  obliged  to  cany 
abMt  tke  fiuca  whereter  they  went  (Donat.  ad 
Ter.  Aadr.  iiL  5.  12  ;  Pint.  CkmoL  24  ;  Phmt 
Ou.  iL  &  57)  ;  whence  the  appellation  of  /wnejfir 
vuapplied  to  a  man  aa  a  torn  of  lepinach.  (Cic 
n  Vaim.  $.}  The  faica  was  naed  in  the  ancient 
Bade  of  mgitti  poniahment  among  the  Romana  ; 
tbe  craainal  waa  tied  to  it»  and  then  aoouiged  to 
iaiL  (Ur.i2S;  Suet  A^ar.  49.)  ThupaSlmbim 
vas  abo  aa  iaBtnunnit  of  puniahment,  leaembling 
th«  iana, ;  it  appears  to  have  been  in  the  fiurm  of 
tWkttera  (PiaatJ#iiLiL4.7,ilfoite2Lll.53.) 
Boik  the  fiuca  and  patibnlom  were  also  employed 
SI  ameM^  to  which  cnminala  were  nailed  {m/irea 
a^aJerty  1%  48.  tit.  1  a  si  6  ;  tit.  19.  a.  28. 
§  15 ;  tit.  19.  s.  38).  See  Lipaina^  de  Orwoe. 
FU'RCIFBR.    [FuECA.] 

FURIOSUS.      [CURATOB.] 

FURNUa    [FoRNAX.1 

FUROR.     [CUBATOR.j 

FURTI  ACTIO.  [FuaruM.] 
FURTUM,  **  theft,"*  is  one  of  the  fear  kinds  of 
dilcta  vhich  were  the  foundation  of  obligationes ; 
h  a  aho  called  **  aimen.**  Moveable  thuiga  only 
coold  be  the  objects  of  fiirtnm ;  for  the  fraudulent 
baofdlisg  (mativdWao  /ramdulom)  of  a  thing  was 
fL'SB,  and  oontrectatio  is  defined  to  be  ^  loco 
3KTcr&**  But  aaoan  might  commit  theft  without 
orrriiif  off  another  peraon^s  property.  Thus  it 
vas  iasttm.  to  use  a  thing  which  was  deposited 
{Jepoabmy  It  was  also  fiutnm  to  use  a  thing 
v^  kad  been  lent  JEor  use,  in  a  way  different 
from  that  which  the  lender  had  agreed  to ;  but 
viA  thii  fialification,  that  the  boirower  must  be- 
IWre  tkat  he  was  doing  it  against  the  ownerls  con- 
sent, md  that  the  owner  would  not  consent  to  such 
Bseif  he  aas  avare  of  it ;  for  dolus  malus  was  an 
caiatiil  ingradient  in  fintnm.  Another  re^pusite 
« futna  (Dig.  47.  tit  2.  s.  1)  is  the ""  Incri  fiaciendi 
gnfia,"  the  iutention  of  appropriating  the  property. 
liui  wuothffwiae  expreaed  by  saying  that  furtnm 
noiutedin  the  intention  (Jkrtum  «a  t^hetu  eommatit; 
ar,Me  a^dbkfimmii  nomcommiUiiwry  Gains,  iL  50). 
U  vai  not  oecesmy,  in  order  to  constitute  furtum, 
that  tbe  thief  should  know  whose  property  the  thing 
*u  A  poicB  who  was  in  the  power  of  another 
iB«lit  be  the  object  of  furtum.  (Inst.  4.  tit  1.  §9.) 
A  dntoc  mi^it  commit  furtnm  by  t«\»wg  a  ♦-bi"g 
^f^  be  bad  given  aa  a  pledge  {pamori)  to  a  ere- 
(litor ;  or  by  taking  hia  property  when  in  the  pos- 
■««un  of  a  bona  fide  possessor.  Thus  there  might 
^fiutom  either  of  a  moreaUe  thmg  itself;  or  of 
tae  ue  of  a  thing,  or  of  the  possession,  as  it  is  ez- 
pn*8i    (Inst  4.  tit  1.  §  1.) 

Tbe  d^iition  of  furtum  in  the  Institutes  is  rei 
osBtrectatio  fraaduhMa,  without  the  addition  of  the 
^  **  alienae.'*  Accordingly  the  definition  eom- 
pnw  both  the  case  of  a  man  stealing  the  property 
«  aaether,  snd  also  the  case  of  a  man  stealing  his 
<^  property,  as  when  a  man  fraudulently  takes  a 
uttTeable  thiag,  which  is  his  property,  from  a  per- 
xn  vbo  has  tbe  legal  possession  of  it  This  ktter 
^  utbe  **  fiirtum  possesBionis,"  The  definition 
^  ™2»titB$es  is  not  intended  as  a  dassification 
ot  tfaeft  iato  three  distinct  kinds,  but  only  to  show 
2[J|^7<>f  exainple  the  extent  of  the  meaning  of  the 
«n&Fvtaa.  ThiiisweUexpteinedbyyBngecow, 


fdrtum: 


56S 


PSMdMblm,  Ac.  iil  p.  550.    See  also  Rein,  Ait 
CHmmalredd  der  Aomer,  pu  904. 

A  person  might  commit  fiirtum  by  aiding  in  a 
furtum,  as  if  a  man  should  jostle  you  in  order  to 
give  another  the  opportunity  of  taking  your  money ; 
or  driye  away  your  sheep  or  cattle  m  order  that 
another  might  get  possession  of  them:  but  if  it 
wero  done  merely  in  a  sportive  way,  and  not  with 
a  view  of  aidiqg  in  a  theft,  it  was  not  fiirtum, 
though  there  might  be  in  such  ease  an  actio  utilis 
under  the  Lex  AquUia,  which  gave  such  an  action 
even  in  the  case  of  culpa.   [Damnitm.] 

Furtnm  waa  either  Manifestum  or  Nee  Manifles- 
tum.  It  was  deafly  manifestum  when  the  person 
waa  canght  in  the  act ;  but  in  various  other  cases 
there  waa  a  diflerence  of  opinion  as  to  whether  the 
fiirtum  was  manifestum  or  not  Some  were  of 
cpinion  that  it  waa  furtum  manifestum  so  long  as 
the  thief  was  engaged  in  carrying  the  thing  to  tbe 
place  to  which  he  designed  to  carry  it :  and  others 
maintained  that  it  waa  fiirtum  manifestum  if  the 
thief  was  ever  found  with  the  stolen  thing  in  his 
possession ;  but  this  opinion  did  not  prevail. 
(Gaiua»  iii.  184  ;  Inst  4.  tit  1.  §  9.)  That  which 
waa  not  manifestum  was  nee  manifestum.  Furtnm 
oonoeptum  and  oUatnm  wen  not  species  of  theft, 
but  species  of  action.  It  waa  called  conoeptom 
furtum  when  a  stolen  thing  was  sought  and  found, 
in  the  jHresence  of  witnesMS,  in  the  poasession  of  a 
person,  who^  though  he  might  not  be  the  thief,  was 
liable  to  an  action  called  Furti  ConceptL  If  a  man 
gave  you  a  stolen  things  in  order  that  it  might  be 
found  (ooiM^>0feter)  in  your  poasession,  rather  than  in 
his,  this  was  called  Furtum  Oblatum,  and  you  had 
an  action  Furti  Oblati  against  him,  even  if  he  was 
not  the  thie£  There  was  also  the  action  Prohibiti 
Furti  against  him  who  prevented  a  person  from 
sfawihing  for  a  stolen  thing  (/urium)  ;  for  the 
word  fiirtum  signifiea  both  the  act  of  theft  and  the 
thing  stolen. 

The  punishment  for  fiirtum  manifestum  by  the 
law  of  the  Twdve  Tables  was  capitalis,  that  is,  it 
affected  the  person's  caput:  a  fineeman  who  had 
committed  theft  was  flogged  and  consigned  (addic" 
hi$)  to  the  ii^ured  person ;  but  whether  the  thief 
became  a  skve  in  consequence  of  this  addictio,  or 
an  adjudicatoB,  was  a  matter  in  dispute  among  the 
ancient  Romans.  The  Edict  subsequently  ehimged 
the  penalty  into  an  actio  quadrupli,  both  in  the  case 
of  a  slave  and  a  fireedman.  The  penalty  of  tbe 
Twelve  Tables,  in  the  case  of  a  fiutum  nee  mani- 
festum, was  duplum,  and  this  was  retained  in  the 
Edict :  in  the  case  of  the  conceptum  and  oblatum 
it  was  triplum,  and  this  also  was  retained  in  the 
Edict  In  the  case  of  Prohibitum,  the  penalty  was 
quadraplum,  according  to  the  provisions  of  tbe 
Edict ;  for  the  kw  of  the  Twelve  Tables  had  af- 
fixed no  penalty  in  this  case,  but  merely  enacted 
that  if  a  man  would  search  for  stolen  property,  he 
must  be  naked  all  but  a  cbth  round  his  middle, 
and  must  hold  a  dish  in  his  hand.  If  he  found 
any  thing,  it  was  furtum  manifestum.  The  ab- 
sutdity  of  the  law,  says  Oaxus,  is  apparent ;  for  if 
a  man  would  not  let  a  person  search  in  his  ordinary 
dress,  much  less  would  he  allow  him  to  searoh  un- 
dressed, when  the  penalty  would  be  so  much  more 
severe  bf  any  thing  was  found.  (Compare  Qrimm, 
Von  derPocM  m  JMU,  Zeitschrift,  vol.  ii.  p.  91.) 

The  actio  fiirti  was  given  to  all  persons  who  had 
an  interest  in  the  preservation  of  the  thing  stolen 
{cifjua  nUtrttt  rem  so/voia  e$ae)^  and  the  owner  of  ^ 
oo  2 


564 


PURTUM. 


a  thing,  therafera,  had  not  neccuarfly  this  action. 
A  creditor  might  have  this  actiou  eren  againit  the 
owner  of  a  thuig  pledged,  if  the  owner  was  the 
thie£  A  person  to  whom  a  thing  wae  deUrered  in 
order  to  woik  upon  it,  at  in  the  case  of  elothes 
giren  to  a  tailor  to  mend,  could  bring  thii  action 
against  the  thie^  and  the  owner  conld  not,  for  the 
owner  had  an  action  {locaii)  against  the  tailor. 
Bat  if  the  tailor  was  not  a  soWent  person,  the  owner 
had  his  action  against  the  thie^  for  in  such  case  the 
owner  had  an  intetest  in  the  preservation  of  the 
thing.  The  rule  was  the  same  m  the  ease  of  com- 
^  modatom  [Commodatum].  But  in  a  ease  of  de- 
"  positom,  the  depositee  was  under  no  obligation  for 
the  safe  custody  of  the  thing  (ptutodiam  proMtotw), 
and  he  was  under  no  liability  except  in  the  case  of 
dolus ;  consequently,  if  the  deposited  thing  was 
stolen,  the  owner  alone  had  the  actio  fiirtL  A 
bona  fide  purchaser  might  have  the  actio  fiirti, 
even  if  the  thing  had  not  been  deliTered  to  him, 
and  he  were  consequently  not  dominus. 

An  impubes  might  commit  theft  (oUi^ahir  erimiae 
/uri$),  if  he  was  borderiug  on  the  age  of  puberty, 
and  consequently  of  sufficient  capacity  to  under- 
stand what  he  was  doing.  If  a  person  who  was 
in  the  power  of  another  committed  fnrtum,  the 
actio  furti  was  against  the  latter. 

The  right  of  action  died  with  the  offending  per- 
son. If  a  peregrinus  committed  furtum,  he  was 
made  liable  to  an  action  by  the  fiction  of  his  being 
a  Roman  citizen  (Gains,  iy.  37) ;  and  by  the  same 
fiction  he  had  a  right  of  action,  if  his  property 
was  stolen. 

He  who  took  the  property  of  another  by  force 
was  guilty  of  theft  ;  but  in  the  case  of  this  delict, 
the  praetor  gave  a  special  action  Vi  bonorum  rap- 
torum.  The  origin  of  the  action  Vi  bonorum  rap- 
torum  is  referred  by  Cicero  to  the  tune  of  the  civil 
wars,  when  meA  had  become  accustomed  to  acts  of 
violence  and  to  the  use  of  arms  against  one  another. 
Accordingly,  the  Edict  was  originally  directed 
against  uose  who  with  bodies  of  armed  men 
(komimhu  armaiii  ooaetimim)  did  injury  to  the 
property  of  another  or  carried  it  off  (quid  out 
rapMforint  out  damm  dedennt)*  With  the  estab- 
lishment of  order  under  the  empire  the  prohibition 
against  the  use  of  arms  was  less  needed,  and  the 
word  armatig  is  not  contained  in  the  Edict  as  cited 
in  the  Digest  (47.  tit.  8).  The  application  of  the 
Edict  would  however  have  still  been  very  limited, 
if  it  had  been  confined  to  cases  where  numbers 
were  engaged  in  the  violence  or  robbery  ;  and  ac- 
cordingly the  jurists  discovered  that  the  Edict, 
when  properly  understood,  applied  also  to  the  case 
of  a  single  person  committing  damnum  or  carrying 
oiF  property.  Originally  the  Edict  comprehended 
both  damnarn  and  bona  rapta,  and,  indeed,  damnum 
which  was  effected  vi  homninibus  armatis  coac- 
tisque,  was  that  kind  of  violence  to  the  repression 
of  which  the  Edict  was  at  first  mamly  directed. 
Under  the  empire  the  reasons  for  this  part  of  the 
Edict  ceased,  and  thos  we  see  that  in  Ulpian'fe 
time  the  action  was  simply  called  **  vi  bonorum 
raptorum.**  In  the  Institutes  and  Code  the  action 
applies  to  robbery  only,  and  there  is  no  trase  of  the 
other  part  of  the  Edict.  This  instnietive  ilbistiation 
of  the  gradual  adaptation,  even  of  the  Edictal  law, 
to  circumstances  is  given  by  Savigny  {Zeitaokrifi^ 
'vol.  V.  Ueber  Cicero  Pro  Tullio  imd  die  Actio  vi  bo- 
norum Raptomm),  who  has  also  given  the  masteriy 
emendation  of  Dig.  47.  tit.  8.  a  2.  §  7,  by  Heise. 


FUSTUARIUM. 

The  object  of  theferti  actio  was  to  get  a  pesaltT; 
as  to  the  thi^g  stolen  the  owner  could  recorcrit 
either  by  a  vindicatio,  which  was  available  sgaiut 
any  possessor,  whether  the  thief  or  another,  or  br 
a  condictio,  which  was  available  agsiaat  the  thief 
or  his  heres,  though  he  had  not  the  poneaMos. 
(Inst  4.  tit  I.  §  19.) 

The  strictness  of  the  old  law  in  the  esse  of 
actions  of  theft  was  gcsdaaDy  modified,  as  slresdr 
shown.  By  the  hiw  of  the  Twelve  Tsbles,  if 
theft  (yWtwii)  was  committed  in  ^  night,  the 
thie^  if  caught  in  the  act,  might  be  killed :  sod 
he  might  also  be  kiUed  in  the  daytime,  if  he  n» 
caught  in  the  act  and  defended  hisaself  with  inv 
kind  of  a  weapon  ipdum)  ;  if  he  did  not  lo  defend 
himself  he  was  whipped  and  became  addictoa,  H 
a  fineeman  (as  above  stated)  ;  and  if  a  ilsre,  he 
was  whipped  and  thrown  down  a  piecipice. 

The  following  are  peculiar  kmds  of  sctioscs 
furti :  (1)  Actio  da  tigno  juncto,  against  a  pencn 
who  employed  another  personls  timber  in  his 
buildmg ;  (2)  Actio  arborom  iiirtim  cscttmrn. 
against  a  person  who  secretly  cut  wood  on  sootht-r 
personl  ground  ;  (3)  Actio  furti  advenns  nsitas 
et  canpones,  against  nantae  and  canpones  [Exss- 
citor],  who  were  liable  for  the  acts  of  the  ma  iu 
their  employment 

There  were  two  cases  in  which  a  bona  fide  poi- 
sessor  of  another  personis  property  could  not  ohiaii 
the  ownership  by  nsucapicHi  ;  and  one  of  them  w 
the  case  of  a  res  furtiva,  which  was  prorided  fir 
in  the  Twelve  Tables.  The  Romaa  Law  si  to 
Furtum  underwent  changes,  as  appears  from  what 
has  been  said ;  and  the  subject  requiiei  to  be 
treated  historically  in  order  to  be  folly  undentooi 
The  work  of  Rein  (Dw  OimmalndU  der  Rimir) 
contains  a  complete  view  of  the  matter. 

(Oaius,  iil  183>-209,  iv.  1  ;  Oellins,  zl  18; 
Dig.  47.  tit  2  ;  Inst  4.  tit  1  ;  Duksen,  Udtr- 
tkit,  &A  pp.  564—^94 ;  Heinec.  S^fak^  ed.  Hao- 
bold  ;  Rein,  Das  JVim.  Privatredit^^US ;  Rein, 
Da*CrimimalredUderRom0r^^29Z.)   [G.L] 

FU'SCINA  (rplmka),B.  trident ;  nKneoamsMoIr 
called  irideiu^  meaning  tridan  aUmidiu,  becsue  it 
was  originally  a  three-pranged  goad,  used  to  incite 
horses  to  greater  swiftness.  Neptune  wai  snppoard 
to  be  armed  with  it  when  he  drove  hio  chsiiot,  lod 
it  thus  became  his  usual  attribute,  peihspi  with  an 
allusion  also  to  the  use  of  the  same  instrvmcflt  io 
harpooning  fish.  It  is  represented  in  the  cat  ra 
p.  276.  (Hom.  IL  xii.  27,  Od.  iv.  50«,  ▼.  '29-2 ; 
Virg.  Oeoiy.  I  IS,  Am.  I  138,  145,  iieiO; 
Cic  d0  Nat.  Dear,  I  36  ;  PhUost  Jmap.  iL  14.) 
The  trident  was  also  attributed  to  Nereni  (Vii;^. 
Am,  iL  418)  and  to  the  Tritons.  (CicdtAoL 
Z>0Dr.  ii.  35  ;  Mart  ^peeL  xzvi  3.) 

In  the  contests  of  gladiators  the  Aefiorisivm 
armed  with  a  trident  <Juv.  ii.  148,  nii.  203.) 
[Gladiator.]  [I  ^I  , 

FUSTUA'RIUM  (|«Ao«ewfo)  ww  s  apitol 
punishment  inflicted  vfoa  the  Romsn  loldien  m 
desertion,  theft,  and  similar  aimes.  Jtwai  ad- 
ministered in  tile  following  manner:— Wheo^ 
soldier  was  condemned,  the  tribooe  tonched  him 
slightly  with  a  stick,  upon  which  all  the  icMka  ot 
the  legion  fell  upon  him  with  sticks  and  aioM*) 
and  generally  killed  him  upon  the  spot  If  ww- 
ever  he  escaped,  for  he  was  allowed  to  fij,^f^° 
not  return  to  his  native  country,  nor  did-aoyo'"' 
relatives  dare  to  reoeive  him  into  their  hooiek 
(Polyb,  vi.  37  j  compare  Lir.  v.  6.)   Thii  !«»>»■ 


FVSVS. 

mart  eontbiMd  to  be  inflicted  in  tlie  hter  times  of 
t^  npMk  (Cie.  PkO^,  iii  6),  and  under  the 
cspire.  (Tedt  Aim,  iiL  21.) 

Difacnt  from  tiie  fiistaarinm  wai  the  animad- 
Tcnio  fintiiiii,  which  waa  a  eorpoFal  pnniahment 
bffieled  voder  the  emperon  apoa  free  men,  but 
odj  thoR  of  the  lower  erden  (tamiom,  Dig.  48w 
til.  Id.  s.  28.  1 2X  It  waa  a  let*  aeTeie  pmiiah- 
mgat  tfam  the  togging  with  flagdla,  which  punish- 
Bfstwm  eonfined  to  ahiTet.  (Dig.  48.  tit  19. 
I.  )0 ;  47.  tit  10.  a.  45.)    [Flao&um.] 

FUSUS  (IrporresX  the  apindle,  waa  alwaja^ 
wben  in  ue^  aeeompanied  bj  the  diataff  (oofau, 
iAonini),  aa  an  indiapntable  part  of  the  aame 
ipfaatiu.  (Ovid,  JIfet  ir.  220--229.)  The  wool, 
&X,  or  other  material,  haying  been  prepared  tor 
spnmiBg,  and  baring  aometimea  been  dyed  (/oSrt- 
•is  cfm  ^owro,  Horn.  Od,  ir.  135),  was  rolled 
iDtaabsQ  (ro^^^AMinM,  Hor.  .^N»f.  L  IS.  14  ; 
Orid,  MeL  tl  1 9%  which  waa,  howerer,  soiBcieiitly 
\om  fiD  allow  the  fibtce  to  be  emuij  dnwn  out  by 
the  bud  of  the  spinner.  The  apper  part  of  the 
diitaff  vai  then  inserted  into  this  maas  of  flax  or 
wol  (0OA0  OMito,  Plin.  H.  N.  yiii.  74),  and  the 
iovcr  part  was  held  in  the  left  hand  under  the  left 
UB  in  aaeh  a  poaitioa  aa  waa  moat  conTenient  for 
coidDeciDf  the  openuion.  The  fibres  were  dnwn 
oat,  and  at  the  same  tinw  spiially  twisted,  ehiefly 
bj  die  Bwof  the  fore-finger  and  Uiumb  of  the  right 
kBad(l(iaTAXMS  IXiv^c,  Eurip.  Onat,  1414  ipoUiee 
6ocla,OmLtk PnkCkm*.  177)  i  wad  the  thread 
(jSim,  iffiaw,  ifhp»)  80  produced  was  wound  upon 
the  ipiBdk  antil  the  qouitity  was  as  great  as  it 
woaUcany. 

The  ipindle  was  a  stick,  10  or  12  inchea  long, 
lanii^  at  the  top  a  alit  or  catch  {dm$j  trfturrpw) 
io  vluek  the  thread  waa  fixed,  ao  that  the  weight 
^  the  spindle  might  cootaauaUy  carry  down  the 
tiwead  ai  it  was  fenned.  Ita  lower  extremity  was 
ioiRted  into  a  Hnall  wheel  called  the  whori  {wr- 
<!»&■),  made  of  wood,  atone,  er  metad  (see  wood- 
en), the  aae  of  which  waa  to  keep  the  ntindle 
more  steady  and  to  psomote  its  rotation :  lor  the 


GALEA. 


565 


^oner,  who  was  commonly  a  female,  every  now 
>Bd  thai  twiried  roond  the  spindle  with  her  right 
hmd  (Herod,  y.  12  ;  Orid.  ilfe^.  vi  22),  ao  aa  to 
tviit  the  thread  atall  move  completely  ;  and  when- 
ce bj  ita  continual  prolongation,  it  let  down  the 
^>»&  tothe  ground,  ahe  took  it  out  of  the  alit, 
^md  it  upon  the  spmdle,  and,  haring  replaced  it 
Bi  the  slit,  drew  out  and  twisted  another  length, 
^tfaese  dicomstanoes  are  mentioned  in  detail  by 
^^•tB&tt  dzir.  805—  319).     The  accompanying 


woodcut  is  taken  from  a  series  of  baa>relie6  repre- 
senting the  arts  of  Minenra  upon  a  friese  of  the 
Forum  Palladium  at  Rome.  It  shows  the  opei»> 
tion  of  spinning,  at  the  moment  when  the  woman 
has  drawn  out  a  aufficient  length  of  Tain  to  twiat 
it  by  whirling  the  apindle  with  her  right  thumb  and 
finre-finger,  and  pievioualy  to  the  act  of  taking  it 
out  of  the  alit  to  wind  it  upon  the  bobbin  (w^i^ior) 
already  formed. 

The  diataff  was  about  three  times  the  length  of 
the  spindle,  strong  and  thick  in  proportion,  com- 
monly either  a  atick  or  a  leed,  with  an  expanaion 
near  the  top  for  holding  the  ball.  It  waa  aome- 
times  of  richer  matmais  and  ornamented.  Theo* 
critus  haa  left  a  poem  {Id^  xxviiL)  written  on 
sending  an  iTory  distaff  to  the  wife  of  a  friend. 
Ooklen  spindles  were  aent  aa  presents  to  ladies  of 
high  rank  (Horn.  Od.  It.  131  ;  Heiod.  it.  162) ; 
and  «  golden  diataff  is  attributed  bT  Homer  and 
Pindar  to  goddesses,  and  other  females  of  remaik- 
able  dignity,  who  are  called  xf^'^V^'^^'^fTOi. 

It  was  usual  to  haTo  a  basket  to  hold  the  dis* 
taff  and  spindle,  with  the  balls  of  wool  prepared 
for  spinning,  and  the  bobbins  already  spun.  (Brunch, 
.^Ino^  il  12  ;  Oiid,  MM.  iT.  10.)  [Calathus.] 

In  the  rural  districto  of  Italy  women  were  for- 
bidden  to  spin  when  they  were  traTcUing  on  foot, 
the  act  beuig  considered  of  cTil  omen.  (Plin.  H.  M 
xxriii  5.)  The  distaff  and  spindle,  with  the  wool 
and  thread  upon  them,  were  carried  in  bridal  pro* 
ceasioBa  ;  and,  without  the  wool  and  thread,  they 
were  often  suspended  by  females  as  offerings  of  re- 
ligioos  gretitttde,  especially  in  old  age,  or  on  relin- 
quishing the  oonstant  use  of  them.  (Plin.  H.  N. 
Tui74.)  [DoNARiA.]  They  were  most  frequently 
dedicated  to  Pallas,  the  patroness  of  spinning,  and 
of  the  arts  connected  with  it  This  goddess  was 
herself  rudely  sculptured  with  a  distaff  and  spindle 
in  the  Trojan  Palladium.  (ApoUod.  iiL  12.  8.) 
They  were  also  exhibited  in  the  representations  of 
the  three  Fates,  who  were  coneeiTod,  by  their  spin- 
ning, to  determine  the  life  of  eTery  man ;  and  at 
the  same  time  by  singing,  as  females  usually  did 
whilst  they  sat  together  at  their  work,  to  predict 
his  future  lot    (CatnlL  L  e.)  [J.  Y.] 

G. 

GA BINDS  CINCTUS.  .  [Toga.] 

GAESUM.    [Hasta.] 

GA'LEA  (fcpdwT,;>oe^.  fftfpvt,  «^Xi||),  a  helmet; 
a  casque.  The  helmet  was  origiaally  made  of  akin 
or  leather,  whence  is  supposed  to  haTe  arisen  its 
appellation,  twvhi^  meaning  properly  a  helmet  of 
dog  skin,  but  applied  to  caps  or  helmets  made  of 
the  hide  of  other  animals  (rovpeii},  mtZhi^  Horn. 
IL  X.  258,  335 ;  ofyf li^  Od.  xxiv.  230  ;  Herod, 
vfi.  77  ;  compare  irpdyii  0-ir^iFa,  Xen.  Anab.  v.  4. 
§  13  ;  galea  b^dna,  Prop.  iv.  11.  19),  and  eTen  to 
those  which  were  entirely  of  bronze  or  iron  ('^y- 
XoAicor,  OdL  xriiL  377).  The  leathern  basis  of 
the  helmet  was  also  Tety  commonly  strengthened 
and  adorned  by  the  addition  of  either  bronze  or 
gold,  which  is  expressed  by  such  epithets  as  x"^' 
tefifnis^  ^Uxot^os^  Xfi^tf^^n^  Helmets  which  had  a 
metallic  basis  (Kpdrii  x*i^S  X«°-  Anab.  i.  2.  § 
16)  were  in  Latin  properly  called  ecuside$  (laid. 
Or^.  xviii.  14  ;  Tacit  Cferm.  6  ;  Caesar,  B.  G.  iii. 
45),  although  the  terms  gvUea  and  caasit  are  often 
confounded.  A  casque  (cams)  found  at  Pompeii 
is  preserved  in  the  ooUection  at  Goodrich  Court, 
00  3 


566 


GALEA. 


Henfordsbire.  (SHufXUm^  Engraved  lUmd.  I  pL  44.) 
The  perfontioDS  for  the  lining  and  exterior  border 
are  yisible  along  its  edge;  A  side  and  a  front 
view  of  it  are  preiented  in  the  annexed  woodcnt 


6ALU. 

worn  in  the  middle  agea,  have  been  feand  at  Posi- 
peil    See  the  wood-cut  to  Oladlatori 


Two  caaqnei  yery  like  this  were  fiahed  up  from  the 
bed  of  the  Alpheos,  near  Olympia,  and  are  in  the 
posaeieion  of  Mr.  Hamilton.  (Dodwell,  Tbicr, 
▼oL  ii.  p.  330.)  Among  the  materiaU  used  for 
the  lining  of  helmeta  were  felt  (viXor,  Horn.  IL 
X.  265)  and  sponge.    (Aristot  H,  A,  t.  16.) 

The  helmet,  especially  that  of  akin  or  leather, 
was  aometimes  a  mere  cap  conformed  to  the  shape 
of  the  head,  without  either  crest  or  any  other  oma- 
ment  {iut>a\6y  rt  Ktd  &\o^v,  JL  x.  358).  In  this 
state  it  was  probably  used  in  hunting  (ffolsa  vena- 
toria^  C.  Nep.  Dot,  iil  %\  and  was  called  cora^ 
Tu(  (Hom.  II.  L  e.%  in  Ijatin  Cwno.  The  pre- 
ceding woodcut  shows  an  example  of  it  as  worn  by 
Diomcde  in  a  small  Greek  bronze,  which  is  also  in 
the  collection  at  Goodrich  Court  (Skelton,  L  a) 
The  additions  by  which  the  external  appearance  of 
the  helmet  was  varied,  and  which  served  both  lor 
ornament  and  protection,  were  the  following :  — 

1.  Bosses  or  plates,  proceeding  either  £)m  the 
top  (^<i\£>s,  Hom.  //.  liL  362)  or  the  sides,  and 
varying  in  number  from  one  to  fonr  (itfufn^aXat^ 
8i<>d\£>r,  Hom.  R  v.  743,  xi.  41 ;  Bustath.  ad  loo.; 
rtrpdupaXai^  IL  xii.  384).  It  is  however  rery 
doubtful  what  part  of  the  helmet  the  ^dXof  was. 
Buttmann  thought  that  it  was  what  was  after- 
words called  the  kwos^  that  ia,  a  metal  ridge  in 
which  the  plume  was  fixed  ;  but  Liddell  and  Scott 
(Let.  $.  V.)  maintain  with  more  probability  that 
the  ^d\of  was  the  shade  or  fore-piece  of  the  helmet; 
and  that  an  &^l^a\of  helmet  was  one  that  had  a 
like  projection  behind  as  well  as  before,  such  as 
may  be  seen  in  the  representations  of  many  ancient 
helmets. 

2.  The  helmet  thus  adomed  was  very  commonly 
surmounted  by  the  crest  {crista,  \6^Sy  Horn.  IL 
xxii.  316),  which  was  oftenMf  horse-hair  (Tinrovpty, 
2tnro8d<rcfa,  Hom.  IL  oe. ;  X^oiy  Itfci^cu,  Theocr. 
xxiL  186  ;  himUajtiba,  Propert  iv.  11.  19),  and 
made  so  as  to  look  imposing  and  terrible  (Hom.  77. 
iii.  337  ;  Virg.  Aeru  viii.  620),  as  well  as  hand- 
some. (76.  ix.  365  ;  ci;Ao^r,  Heliod.  Aeih.  vii.) 
The  helmet  often  had  two  or  even  three  crests. 
(Aesch.  S^.  e.  Theb.  384.)  In  the  Roman  army 
of  later  times  the  crest  served  not  only  for  orna- 
ment, but  also  to  distinguish  the  different  centu- 
rions, each  of  whom  wore  a  casque  of  a  peculiar 
form  and  appeaianc&     (Yeget  ii.  1 3.) 

3.  The  two  cheek-pieces  {buocidae,  Juv.  x.  134  ; 
vapayvalBlSts^  Eustath.  mILY.  743),  which  were 
attached  to  the  helmet  by  hinges,  so  lis  to  be  lifted 
up  and  down.  They  had  buttons  or  ties  at  their 
extremities  for  fiistening  the  helmet  on  the  head. 
(Val.  Place,  vi.  626.) 

4.  The  beaver,  or  visor,  a  peculiar  form  of  which 
is  supposed  to  have  been  the  cAXMwif  r^w^dUcio, 
i.  6.  the  perforated  beaver.  (Hom.  IL  xi  353.) 
The  gladiators  wore  helmets  of  this  kind  (Juv. 
viii.  203)t  and  specimens  of  them,  not  unlike  those. 


The  five  following  helmets  are  select 
tiqne  sems,  and  are  engraved  of  the 
origimu. 


BK  of  the 
[J.  Y.J 


GALERI'CULUK.  (GALMuaJ 
GALE'RUS  or  GALE'RUM,  w«a  or^inaQy 
a  covering  for  the  head  worn  by  priests,  e^e- 
dally  by  the  /Umm  dia&e  (GdL  x.  15 ;  Serv.  ad 
Vhy,  Aen,  il  683).  It  appears  to  have  been  a 
round  cap  made  of  leather,  with  iU  top  ending  in 
anapexorpomt  [See  cot  on  p.  102.]  The  word  is 
probably  connected  with  galeoj  a  hdmeL  In  couse 
of  time  the  name  was  *FjplKd  to  any  kind  of  cap 
fitting  dose  to  the  head  like  a  hebneL  (Vixg.  Aea. 
Tii.  688;  Virg.  MonL  121 ;  Suet  Nier.  2&)  Cfolerm 
and  its  diminutive  Oaleriaibtm  are  also  used  to 
signify  a  covering  fiv  the  head  made  of  baiiv  sad 
hence  a  wig.  (Juv.  Sat,  tl  120,  with  tiw  Sciiol.; 
Suet  Otk.  12 ;  Mart  xiv.  50.) 

GALLI,  the  priests  of  Cybele,  whoae  wenhip 
was  introduced  at  Rome  from  Phrygia,  in  ■.&  204. 
(Liv.  xxic.  10,  14,  xxxvi  36.)  The  OaHi  were, 
according  to  an  ancient  costom,  always  castrated 
(yorfoitw,  wmtawrss^sgaitCTft,  wee  viri  nae/maaae), 
and  it  would  seem  that  impelled  by  retigioaa  foaa- 
ticism  they  performed  this  operation  on  themsdvn. 
(Juv.  vi.  512,  &C. ;  Ovid,  FbuL  it.  237;  Martial, 
iii  81,  xi  74 ;  Plin.  H.  N.  xi.  49.)  In  their 
wild,  enthusiastic,  and  boisterous  rites,  they  re- 
sembled the  Corybantes  (Lucan.  i  565,  &c ; 
compare  Hiliria),  and  even  went  further,  in  as 
much,  as  in  their  fury,  they  mutilated  thdr  own 
bodies.  (Propert  ii  18.  15.)  They  seem  to  have 
been  always  chosen  from  a  poor  and  despiaed  claaa 
of  people,  for  while  no  other  priests  were  allowed  to 
beg,  the  Galli  (/vamdi  Idaeae  nuOria)  were  allowed 
to  do  so  on  certain  days.  (Cic  de  Leg.  ii  d  and 
16.)  The  chief  priest  among  them  was  called  ar- 
chigallus.  (Servius,arf^e».ix.ll6.)  The  origin 
of  the  name  of  Galli  is  uncertain:  accctding  to 
Festus  (9.  «.),  Ovid  (PasL  iv.  363),  and  others,  it 
viTBs  derived  from  the  river  Gallns  in  Phr^rgia, 
which  flowed  near  the  temple  of  Cybele,  and  the 
water  of  which  was  fabled  to  put  thoae  persona 
who  drank  of  it  into  such  a  state  of  madneaa,  tl>^ 
they  castrated  themselves.  (Compare  Plin.  H.  N. 
Y.  32,  xi  40,  xxxi  2  ;  Herodian.  11.)  Tbesup- 
position  of  Hieronymns  (Oosp.  Oaeas,  4)  that  Galh 
was  the  name  of  the  Gauls,  which  bad  been  gives 
to  these  priesto  by  the  Romass  in  order  to  ahoar 
their  contempt  of  that  nation,  is  nnfioonded,  as  the 
Romana  must  have  receiTed  the  name  from  Aua, 
or  from  the  Greeka,  by  whom,  aa  Suidaa  (a  v.)  in- 
forms us,  Gallus  was  used  as  a  common  noim  m 
the  sense  of  eunncL  There  exists  a  verb  gaUan^ 
which  signifies  to  rage  (msomir^  kueiari),  and 


GENIUa 

vkkli  oecm  m  ooa  tf  Uie  tngmea^  of  Yam 
(il273»  ed.  Bip.)  nd  in  the  Amikoio^  LaL  vol.  I 

GAME'LIA  (Tc^niAia).  Tbe  deiiMB  and  phm- 
tnesof  Attica  poiciwed  TarkNU  meaiif  to  pcerent 
iBiraden  froni  aMDiniii^  tbe  right*  of  citaeoB. 
AfMogoCber  Rgulatioiw  it  was  ordained  that  OTeiy 
bnde,  previeu  to  her  maiiiage,  theold  be  intro- 
dKcd  bj  bar  panaU  er  gnardiane  to  the  phiatria 
of  kerhoibeBd  (7«v«i|^^ar  kKkpymnuMM  fto^^^ir, 
hteoM^dtJ^rkMaemL  pp.  63»  65,ft& ;  cisCEnm. 
tf«i«dL  p.208  ;  Denoeth.  &  BmM,  ^  1312  and 
1326).  Tbk  incindaction  of  the  yoong  women 
wuaoomfamed  by  preeenta  to  their  new  phntona, 
wUch  woe  edled  yiMMiXici.  (Snidaa,  «i «. ;  ttchoL 
9i  Dm,  e.  EmbmL  pw  1313.)  The  women  were 
einlhd  in  tbe  lisla  of  the  phratriei,  and  thii  enrol- 
salt  vmabo  called  yiV^nAia.  The  pieaents  leem 
to  hive  cQMUted  in  a  fieaist  giTen  to  the  phxatoiee) 
lad  the  phiateiee  in  return  made  tome  onerinn  to 
t!»|(odtonbebaIf  of  the  yomig  bride.  (PoUnz, 
EL  i,  Tin.  9, 28.)  The  aooeptanee  of  the  presents 
mi  tie  pcnajtnon  to  enroll  the  bride  in  the  regitten 
of  tkpbIttrii^  was  equivalent  to  a  dedaiation  that 
ike  Jim  cansideied  a  true  dtiien,  and  that  eonse- 
qmdj  her  children  would  haTe  Intimate  daims 
t*  all  ^e  lights  and  pririleges  of  citisens.  (Hecm. 
LAr.  4.  griedL  StatOaalL  §  1 00.  n.  1 .) 

rom^  was  also  the  name  of  a  sacrifice  offered 

ID  AtkeosoB  the  daj  pverioos  to  the  marriage  of  a 

giiL   Sbe  wss  taken  by  her  parent*  to  the  temple 

of  the  goddem  in  the  Adopolu,  where  the  offerings 

we»i8adBeBberbebal£   (Soidas,  4l  «.  Il#er^cM.) 

TIk  plan],  totaikiai^  was  used  to  express  wed> 

(%  BoleauiticsingettenL   (Lyo(^hron,<ip.£ii;yM. 

Af.JLs.)  fL.aj 

6AM0S  (rWs).     [Mateimonium.] 

6A1I0RI.    [GaoMORi.] 

OA'NEA.    [CAOroNA,  p.  269,  a.] 

GAUSAPA,  QAUSAPE,  or  GAUSAPUM, 

a  kind  of  thick  cloth,  which  was  on  one  side  very 

vaoDj,  sad  was  used  to  cover  tables  (Hornt  StU, 

ilU ;  LsdL  1^ PrimAm.  iz.  870),  beds  (Mart 

xir.  147),  sad  by  persons  to  wrsp  themselTes  np 

after  taking  a  bath  (Petron.  28),  or  in  genersl  to 

pntect  tbcoselTes  against  rain  and  cold.  (Seneca, 

^>cd:51)   It  was  worn  by  men  as  well  as  women. 

{0nl,Af9AwuL  iL  300.)     Itcame  in  use  among 

tke  Ronms  about  the  time  of  Augustus  (Plin. 

H.  N.  lin.  48),  and  the  wealthier  Romans  had  it 

Baie  of  lbs  finest  wool,  and  mostly  of  a  purple 

cahsr.   The  ip"—];—"  seems,  howerer,  sometimes 

to  lovebsea  made  of  linen,  but  its  peculiarity  of 

^m^  one  side  more  woolly  than  the  other  alwajrs 

Ruioed.tbenme.    (Hart  xir.  138.)  As  Martial 

lev.  152)  calls  it  pamaapa  qaadrakk^  we  have 

nam  to  asppose  that,  like  the  Sootch  plaid,  it  was 

»l«3ji,ibr  wfaaterer  purpose  it  might  be  need,  a 

«qnR  or  obloi^  piece  of  doth.    (See  B6ttiger, 

AdiM,iLp.l02L) 

Tbe  ward  gsosapa  is  also  sometimes  used  to  do- 
"fttte  atbi^  wig, such  as  was  made  of  the  hair 
rf  GetBBBs»  and  worn  by  the  fiMhionable  people 
ttBoowattbetimeof  theemperorai     (PerB.iS!iit 
^46.)  Peniaa  {SaL  iy.  38)  also  applies  the  word 
aafignaiiteseBsetoafnUbeatd.         [L.S.] 
OELEONTEa    [TniBua»  Oasn.] 
QELOTOPOII  (TcAsrrewoioO    [PAaASiTi.] 
GENB'SIA.    [FinfU8»p.558,a.] 
l^K'NIUS.    See  DieL  i/ Gr.  mmi  Bom,  Bio- 


QBNS. 


867 


GENOS  (T^fX    [Tniaua,  Ohbbk.] 

OKN&  This  word  contains  tbe  same  element 
as  the  Latin  ^ua^us,  and  gi^/O,  and  as  the  Greek 
yivfis^  yi-qfw-ottau^  Ac,  and  it  primarily  signifies 
Am.  But  the  woid  has  numerous  significations, 
which  have  either  a  Teiy  remote  connection  with 
this  its  primaiy  notion,  or  perhaps  none  at  all. 

Gens  sometimes  signifies  a  whole  political  eom- 
munity,  at  Gens  LaUnorum,  Gens  Campanorum, 
Ac  (Jut.  Sat  TiiL  239,  and  Heinrich'S  note)  ; 
though  it  is  probable  thst  in  this  application  of  the 
term,  the  notion  of  a  distinction  of  laoe  or  stock 
is  implied,  or  at  least  the  notion  of  a  totality  of 
persons  distinguished  fimn  other  totalities  by  same- 
ness of  langui^j[e,  community  of  hiw,  and  increase 
of  their  numbers  among  themselyes  only.  Cioero 
(^  Balba^  c  13)  speaks  of  **  Gentes  uniTeraae  in 
ciTitatem  receptae,  ut  Sabinoruo^  Volscorum,  Her- 
nicorum."  It  is  a  consequence  of  such  meaning  of 
Gens,  rather  than  an  hndependent  meaningTttat 
the  word  is  sometimes  used  to  express  a  people 
simply  with  reference  to  their  territorial  limits. 

The  meaning  of  the  word  in  the  expression  Jus 
Gentium  is  exphuned  under  Jus. 

The  words  Gens  and  Gentiles  have  a  special 
meaning  in  the  system  of  the  Roman  bw  and  in 
the  Roman  constitution.  Cioero  (Top,  6)  has  pre- 
senred  a  definition  of  Gentiles  which  was  given  by 
Scaevola,  the  pontifex,  and  which,  with  reference 
to  tbe  time,  must  be  considered  complete.  Those 
were  Gentiles,  according  to  ScaeTola,  (1)  who  bore 
the  same  name,  (2)  who  were  bom  of  freemen 
(tia$PBMit)«  (3)  none  of  whose  ancestors  had  been  a 
sbye,  and  (4)  who  had  suffered  no  capitis  diminu- 
tio.  This  definition  contains  nothing  which  shows 
a  conunon  bond  of  union  among  gentiles,  except 
the  possemion  of  a  common  name  ;  but  those  who 
had  a  common  name  were  not  gentiles,  if  the  three 
other  conditions,  contained  in  this  definition,  were 
not  iq>plicable  to  them.  There  is  also  a  definition 
of  gentilis  by  Festus:  — *"  That  is  called  Gens 
AeUia  which  is  composed  (eom/ieitmr)  of  many 
femiliae.  Gentilis  is  both  one  who  is  of  the  same 
stock  (gemi$\  and  one  who  is  called  by  the  same 
name  (timili  mmmt)  *,  as  Cincius  says,  those  are 
my  gentiles  who  are  called  by  my  name.** 

We  cannot  eondude  any  thing  more  firom  the 
eon^EcKtor  of  Festus  than  that  a  Gens  contained 
seyeral  femiliae,  or  that  several  femiliae^  were  com- 
prehended under  one  Gens.  According  to  the 
definition,  persons  of  the  same  geitua  (km)  were 
gentiles,  and  also  persons  of  the  aame  name  were 
gentiles.  If  Festus  meant  to  say  that  all  persons 
of  the  same  genus  and  all  persons  of  the  same 
name  were  gentiles,  his  statement  is  inconsistent 


*  **  Gentilis  dicitur  et  ex  eodcm  oenere  ortns,e< 
it  qui  simili  nomine  appellatur.**  The  second  et  is 
sometimes  read  «<,  which  is  manifestly  not  the  right 
reading,  as  the  context  shows.  Besides,  if  the 
words  **  «<  is  qui  simili  nomine  appdlator,**  are  to 
be  taken  as  an  illuatration  of  **  ex  eodero  genera 
ortns,**  as  they  must  be  if  arf  is  the  true  reading, 
then  the  notion  of  a  oomauMi  name  is  viewed  as  of 
necessity  bebg  contained  in  the  notion  of  common 
iUa,  whereas  there  may  be  common  kin  without 
common  name,  and  common  name  without  common 
kin.  Thus  neither  does  common  name  indude  all 
common  kin,  nor  does  common  kin  indude  all  com- 
mon name  ;  yet  each  includes  something  that  the 
other  indudes. 

o  o  4 


568 


GENS. 


with  the  definition  of  the  Pontifex ;  for  penons 
might  be  of  the  same  genus,  and  might  hare  sus- 
tained a  capitis  diminntio  either  by  adoption  or 
adrogation,  or  by  emancipation :  in  all  these  cases 
the  genos  would  remain,  for  the  natural  relation- 
ship was  not  affected  by  any  change  in  the  juris- 
tical condition  of  a  person ;  in  the  cases  of  adoption 
and  adrogation  the  name  would  be  lost:  in  the  case 
of  emancipation  it  would  be  retained.  If  the  defi- 
nition of  Festus  means  that  among  those  of  the 
same  genus  there  may  be  ^tiles;  and  among 
those  of  the  same  name,  gentiles  may  also  be  in- 
cluded, his  definition  is  true ;  but  neither  part  of 
the  definition  is  absolutely  true,  nor,  if  botn  parts 
are  taken  together,  is  the  whole  definition  abso- 
lutely true.  It  seems  as  if  the  definition  of  gentiles 
was  a  matter  of  some  difficulty ;  for  while  the  pos- 
session of  a  common  name  was  the  simplest  general 
characteristic  of  gentilitas,  there  were  other  condi- 
tions which  were  equally  essential 

The  name  of  the  gens  was  generally  characterised 
by  the  termination  eia  or  mi,  as  Julia,  Cornelia, 
Valeria. 

When  a  man  died  intestate  and  without  agnati, 
his  familia  [Familia]  by  the  Uw  of  the  Twelve 
Tables  came  to  the  gentiles  ;  and  in  the  case  of  a 
lunatic  {/wriotut)  who  had  no  guardians,  the  guar- 
dianship of  the  lunatic  and  his  property  belonged 
to  the  i^nti  and  to  the  gentiles ;  to  the  latter,  we 
may  presume,  in  case  the  former  did  not  exist 

Accordingly,  one  part  of  the  jus  gentilitium  or 
jus  gentilitatis  related  to  successions  to  the  pro- 
perty of  intestates,  who  had  no  agnati  A  notable 
example  of  a  dispute  on  this  subject  between  the 
Claudii  and  Marcelli  is  mentioned  in  a  difficult 
passage  of  Cicero  {dB  Orat.  I  39).  The  Marcelli 
claimed  the  inheritance  of  an  intestate  son  of  one 
of  the  liberti  or  fireedmoi  of  their  (amilia  {itirpe) ; 
the  Claudii  claimed  the  same  by  the  gentile  rights 
(penit).  The  Marcelli  were  plebeians  and  be- 
longed to  the  patrician  Claudia  gens.  Niebuhr 
observes  that  this  claim  of  the  Clandii  is  incon- 
sistent with  Cicero^  definition,  according  to  which 
no  descendant  of  a  freedman  could  be  a  gentilis  ; 
and  he  concludes  that  Cicero  (that  is  Scaevola) 
must  have  been  mistaken  in  this  part  of  his  defi- 
nition. But  it  must  be  observed  though  the 
descendants  of  fireedmen  might  have  no  daim  as 
ffentiles,  the  members  of  a  gens  mi^ht  as  such 
have  claims  against  them ;  and  in  this  sense  the 
descendants  of  fireedmen  might  be  gentiles.  It 
would  seem  as  if  the  Marcelli  united  to  defend 
their  supposed  patronal  rights  to  the  inheritance 
of  the  sons  of  fireedmen  against  the  claims  of  the 
gens  ;  for  the  law  of  the  Twelve  Tables  gave  the 
inheritance  of  a  fi^edman  only,  who  died  intestate 
and  without  heirs,  to  his  patron,  and  not  the  in- 
heritance of  the  son  of  a  freedman.  The  question 
might  be  this :  whether  the  law,  in  the  case  sup- 
posed, gave  the  hereditas  to  the  gens  as  having  a 
right  paramount  to  the  patronal  right.  It  may  be 
that  the  Marcelli,  as  being  included  in  the  Claudia 
gens,  were  supposed  to  have  meiged  their  patronal 
rights  (if  they  really  existed  in  the  case  in  dispute) 
in  those  of  the  gens.  Whether  as  members  of  the 
gens,  the  plebeian  Marcelli  would  take  as  gentiles 
what  they  lost  as  patroni,  may  be  doubted. 

It  is  ^nerally  said  or  supposed  that  the  here- 
ditas which  came  to  a  gens  was  divided  among  the 
gentiles,  which  must  mean  the  heads  of  iamUiae. 
This  may  be  fo ;  at  l^ast  we  must  conceive  that 


GBNS. 

the  hereditas,  at  one  period  at  leut,  most  have  Wa 
a  benefit  to  the  members  of  the  gens:  Cfteiar  U 
said  (SuetoiL  JuL  1)  to  have  been  deprived  of  his 
gentilitiae  hereditates. 

In  determining  that  the  property  of  intataiei 
should  ultimately  belong  to  the  gens,  the  lav  of 
the  Twelve  Tables  was  only  providing  fir  a  caie 
which  in  every  civilised  oountiy  is  provided  fbr  bj 
some  positive  law ;  that  is,  the  law  finds  some  nku 
to  the  disposition  of  the  prap|erty  of  a  penon  wbo  dki 
without  having  disposed  of  it  or  leaving  thoK  vh«a 
the  law  recognises  as  immediately  entided  to  H  ia 
case  there  is  no  disposition.  The  gens  had  tkoi  a 
relation  to  the  gentilea,  similar  to  that  which  rab- 
sists  in  modem  states  between  the  sovereign  power 
and  persons  dying  intestate  and  widioat  kein  or 
next  of  kin.  The  mode  in  which  such  a  sncoeiiNa 
was  applied  by  the  gena  was  probably  not  deter- 
mined by  law ;  and  as  the  gens  was  a  kind  of 
juristical  person,  analogona  to  the  ooDmnmitf  of  i 
eivitas,  it  seems  not  unlikdy  that  originally  inhent. 
ances  accrued  to  the  gena  as  mdk,  and  were  otm- 
mon  proper^.  The  geiu  most  have  hsd  fl<me 
common  property,  such  as  saoeUa,  Ac  It  voeld 
be  no  diifimlt  transition  to  imagiae,  that  wkt 
originally  belonged  to  the  gens  as  sock,  was  in  the 
course  of  time  distributed  among  the  memben, 
which  would  easily  take  place  when  the  ftmilttt 
included  in  agens  were  reduced  to  a  small  number. 

There  were  certain  sacred  rites  (mem  patSHia:) 
which  belonged  to  a  gens,  to  the  obsmwice  «i 
which  all  the  members  of  a  gens,  as  soch,  were 
bound,  whether  they  were  members  by  birth, 
adoption,  or  adrmtion.  A  person  was  fiecd  from 
the  observance  of  such  sacra,  and  lost  the  pcivilera 
connected  with  his  gentile  rights,  when  he  loit  bii 
gens,  that  n,  when  he  was  adrogated,  adopted,  or 
even  emancipated  ;  for  adrogation,  adoptMO,  and 
emancipation  were  accompanied  by  a  diminatio 
capitis. 

When  the  adoption  was  from  one  ftmilis  into 
another  of  the  same  gens,  the  name  of  the  gou  was 
still  retained  ;  and  when  a  son  was  emaadpsted, 
the  name  of  the  gens  was  still  retained ;  anl  jet 
in  both  these  cases,  if  we  adopt  the  definitioa  of 
Scaevohi,  the  adopted  and  emancipated  penooilost 
the  gentile  rights,  though  they  were  also  freed  6dib 
the  gentile  burdens  (eocm).  In  the  case  of  ad<^ 
tion  and  adrogation,  the  adopted  and  adrogated 
person  who  passed  into  a  fiamilia  of  another  gesi, 
must  have  passed  into  the  gens  of  soch  fiusilia, 
and  so  must  have  acquired  the  rights  of  that  gem. 
Such  a  person  had  sustained  a  o^ntis  diminntia. 
and  its  efiect  was  to  destroy  his  finmer  gentik 
rights,  together  with  the  rights  of  agnation.  The 
gentile  rights  were  in  fact  imnlied  in  therigho  of 
agnation,  if  the  pater-familias  nad  a  gens.  Obk- 
quently  he  who  obtained  by  adrogation  or  adoptioo 
the  rights  of  agnation,  obtained  also  the  geotile 
rights  of  his  adopted  &ther.  In  the  case  of  adro- 
gation, the  adrogated  person  renounced  hii  gas  at 
the  Comitia  Cunata,  which  solemnity  rn^ht  she 
be  expressed  by  the  term  *•  sacra  detestsri,'*  f« 
sacra  and  gens  are  often  synonymous.  Thiu,  n 
such  case,  adrogatio,  on  the  part  of  the  adopcro 
fiither,  ooiresponded  to  detestatb  sacromm  «  tiie 
part  of  the  adrogated  son.  This  deteitstio  wn- 
rum  is  probably  the  same  thing  as  the  lacponm 
alienatio  mentioned  by  Cicero  (Orato*,  c  42>  « 
was  the  duty  of  the  pontifioes  to  h)ok  after  the  doe 
obaervatioD  of  the  gentile  aacia,  and  to  lee  thai 


6BN& 
tbe^  were  not  k»t  (At>  Anno,  c.  IS,  &c)  lEack 
sea  teem  toluTe  liad  its  peculiar  pkoe  (Moaffsm) 
fer  the  oeletaatioB  of  die  noa  gentilitia,  whieh 
vm  peifiicmed  at  ttated  timet.  The  Moa  genti- 
h'ta,  as  already  obserred,  wete  a  burden  oo  the 
B«mbenofag«iaai««eL  The  aaoa  jvinUa  were 
i  chu^  on  the  property  of  an  individiMd ;  the  two 
kbds  of  noa  were  thus  quite  dietiiict 

According  to  Dionysius  {Antiq.  Rom,  iL  T)^  the 
cn^  were  respectiTely  mbdifioed  into  Deodea  ; 
and  Niebshr  axgnes  that  Decadea  and  Oentea  wete 
tbe  Hue.  Accordingly  each  of  the  three  tribea 
eaBtBined  tea  cnriae  and  100  gentea ;  and  the 
tluee  tribea  contained  300  genten  Now  if  there 
a  aar  txittli  xa  the  tradition  of  thia  original  dia- 
tnbB^  ef  Uie  popolatian  into  tribea,  curiae  and 
j^to,  it  ibOowa  that  there  waa  no  neoeanry  kin- 
)^ip  among  thoie  frmiliea  which  belonged  to  a 
jfeoa,  any  more  than  among  thoae  iamiliea  which 
Wknged  to  one  enriiL 

We  imov  nothing  historically  of  the  oiganin^ 
tflD  of  dvil  iociety,  but  we  know  that  many  new 
pc'itical  bodiea  Imto  been  oiganised  out  of  the 
materials  of  existing  p(ditical  bodiea.  It  ia  uaeleaa 
to  cnjectore  what  was  the  original  organisation  of 
tbe  Roman  state.  We  mnat  take  the  tradition  aa 
it  has  eome  down  to  ua.  The  tradition  ia  not,  that 
^liae  idated  by  Mood  were  formed  into  gentea, 
tbt  these  gentes  were  formed  into  curiae,  that  theae 
curiae  were  fbnned  into  tribeiu  Such  a  tradition 
vmld  contain  its  own  refiitation,  ht  it  inTolres 
tbe  oodoQ  of  the  constmction  of  a  body  politic 
hj  the  ^gresation  of  fomiliea  into  unitieB,  and  by 
fimhercambinationa  of  theae  new  unities.  Thetia- 
(Htkn  is  of  three  fundamental  parts  (in  whaterer 
naaser  formed),  and  of  the  diriaions  of  them  into 
B^lerpartL  The  smalleat  political  division  is  gena. 
No  foitlier  division  is  made,  and  thua  of  necessity, 
wi»g  ve  come  to  considtt  the  component  parts  of 
g«H,  ve  come  to  consider  the  individuals  com- 
praed  ia  it  or  the  heada  of  fomilies.  According  to 
the  fimdaaeBtal  principles  of  Roman  law,  the  in- 
dniihials  anange  themaelTea  into  fiuniliae  under 
tbeir  lespectiTe  patrea-fomiliae.  It  followa,  that  if 
tiie  disinbotion  of  the  people  was  effected  by  a 
Hvarn  of  the  larger  into  smaller  parts,  there  could 
be  so  oecessary  lun  among  the  fimiliae  of  a  gens  ; 
&r  kinship  among  aQ  the  members  of  a  gens  could 
<nl;  be  effected  by  selecting  kindred  fomiliae,  and 
{bnting  them  into  a  gens.  If  the  gens  was  the 
Rsnlt  of  SBbdirision,  the  kinship  of  the  original 
nemben  of  such  gens,  whenever  it  existed,  must 
hare  been  actidentaL 

1*^  is  no  proof  that  the  Romans  considered 
that  there  was  lunship  among  the  fiuniliae  <Migin- 
^j  induded  in  a  gens.  Tet  aa  kinship  was  evi- 
<^«iKe  of  the  rights  of  agnatio,  and  consequently 
of  gentfle  rights,  when  there  had  been  no  capitis 
^iinitio,  it  is  easy  to  see  how  that  which  was 
^deooe  of  the  rights  of  agnatio,  and  consequently 
^  gentile  rights,  might  1^  viewed  as  part  of  the 
^tutka  of  gentilia,  and  be  so  extended  as  to 
c^nnprehoid  a  soppoaed  kinship  among  the  original 
nnnbers  of  the  gena.  The  word  gens  itself  would 
^  ^^oor  sach  a  supposition,  especially  as  the 
vord  gtn»  seems  to  be  often  usal  in  the  same 
J^  (Cic.  pro  Ba&o^  c.  14.)  This  notion  of 
ij^V^V9«n  also  to  be  con6rmed  by  the  foct  of 
u>«  nemboi  of  the  gens  being  distinguished  by  a 
connuni  name,  as  Cornelia,  Julia,  &c.  But  many 
^^<c<°B8taQcei,  besides  that  of  a  common  origin. 


GENa 


569 


may  have  given  a  common  name  to  the  gentiles ; 
and  indeed  there  aeema  nothing  mote  atiaage  in  all 
the  gentiles  having  a  common  name,  thim  there 
being  a  common  name  for  all  the  members  of  a 
curia  and  a  tribe. 

Aa  the  gentes  were  subdiviaiona  of  the  three 
ancient  tribea,  the  popnlua  (in  the  ancient  aense) 
alone  had  gentea,  so  that  to  be  a  patikian  and  t^ 
have  a  gena  were  synonymoua ;  and  thua  we  find 
the  expreasions  gena  and  patricii  constantly  united* 
Yet  it  appeara,  aa  m  the  caae  abead^  cited,  that 
some  ^tea  contained  plebeian  fomiliae,  which  it 
ia  conjertured  had  their  origin  in  marriagea  be- 
tween patricians  and  plebeimia  before  there  was 
connubium  between  them.  When  the  lex  was 
carried  which  eatabliahed  coimuhhim  between  the 
pleba  and  the  patrea,  it  was  alleged  that  this 
measure  would  confound  the  gentile  rights  (jiara 
^MlMMi,  Liy.  iy.  1).  Before  this  connubium  ex- 
isted, if  a  gentilis  married  a  vromaa  not  a 
gentilis,  it  followed  that  the  children  could  not 
be  gentiles ;  yet  they  might  retain  the  gentile 
name,  and  thus,  in  a  sense,  the  fomily  might 
be  gentiles  without  the  gentile  privileges.  Such 
marriagea  would  in  effect  introduce  confusion  ; 
and  it  doea  not  appear  how  thia  would  be  increased 
by  giving  to  a  inairiage  between  a  gentile  man, 
and  a  woman  not  gentilis,  the  leoal  character  of 
connubium  ;  the  effect  of  the  legal  change  waa  to 
^ve  the  children  the  gentilitaa  of  their  fother.  It 
la  sometimes  said  that  the  effoct  of  this  lex  was  to 
give  the  gentfle  rights  to  the  pleba,  which  is  an 
absurdity ;  for,  aooording  to  the  expiession  of  Livy 
(iv.  4),  which  is  conformable  to  a  strict  principle 
of  Roman  law,  **  patrem  sequuntur  liberi,**  and  the 
chfldxen  of  a  plebeian  man  oonld  only  be  plebeian. 
Before  the  passing  of  thia  lex,  it  may  be  inferred 
that  if  a  patrician  woman  married  out  of  her  gena 
(e  gente,  e  patribua  ennpait)  it  waa  no  marriage  at 
all,  and  that  the  children  of  auch  marriage  were 
not  in  the  power  of  their  father,  and,  it  aeems  a 
necessary  consequence^  not  Roman  citizena.  The 
effect  would  be  the  same,  according  to  the  atrict 
principles  of  Roman  law,  if  a  plebeian  married  a 
patrician  woman,  before  there  waa  connubium  be- 
tween them  ;  for  if  there  waa  no  coimubium,  there 
was  no  legal  marriage,  and  the  ofbpring  were  not 
citiaens,  which  is  the  thing  complained  of  by 
Canuleius.  (Lir.  iv.  4.)  It  does  not  appear  then 
how  such  marriagea  will  account  for  plebeian  fiuni- 
liae being  contained  in  pataidan  gentea,  unless  we 
suppose  that  when  the  chUdren  of  a  gentile  man 
and  a  plebeian  woman  took  the  name  of  the  fother, 
and  followed  the  condition  of  the  mother,  they 
were  in  some  way  or  other,  not  easy  to  explam, 
considered  as  citiaens  and  plebeians.  But  if  this 
be  so,  what  would  be  the  status  of  the  children  of 
a  patrician  woman  by  a  plebeian  man  ? 

Niebuhr  assumes  that  the  members  of  the  gens 
(gentiles)  were  bound  to  assist  their  indigent 
fellows  in  bearbg  extraordinary  burdens ;  but  this 
assertion  is  founded  on  the  interpretation  ^ven  to 
the  words  robs  yhnt  vpoiHitcorras  of  Dionysius 
(iL  10),  which  have  a  shnpler  and  more  obvioua 
meaning.  Whatever  probability  there  may  be  in 
the  assumption  of  Niebuhr,  aa  founded  on  the 
passage  above  cited,  and  one  or  two  other  pas- 
sages, it  caimot  be  considered  aa  a  thmg  demon- 
strated. 

A  hundred  new  members  were  added  to  the 
senate  by  the  first  Tarquin.    These  were  the  re- 


$70 


GENS. 


|resentatiT«8  of  the  Lnoem,  the  third  and  inferior 
tribe  ;  and  they  were  called  Patres  Minonim  gen* 
tinm  (Liv.  L  35).  See  the  curiom  letter  of  Ciooro 
to  PaetUB  {ad  Faun.  ix.  21). 

If  the  gentes  were  such  sabdiviaont  of  a  coria, 
as  already  stated,  it  may  be  asked  what  is  meant 
by  n«w  gentes  being  introdnced  among  the  coriae, 
for  this  undoubtedly  took  place.  Tullus  HostUius 
incorporated  the  Jidii,  Serrilii,  and  others,  among 
the  Patricii,  and  consequently  among  the  curiae. 
The  Cbuidii  were  a  Sabine  gens,  who,  it  was  said 
(Lir.  \r,  3),  wen  receired  among  the  patricii  after 
the  banishment  of  the  kings.  A  recent  writer 
(Ooettling)  attempts  to  remove  this  difficult  by 
assuming,  according  to  his  interpretation  of  Diony- 
sius  (ii.  7),  a  division  of  the  curiae  into  ten  decuriae, 
and  by  the  further  assumption  of  an  indefinite 
number  of  gentes  in  each  decuria.  Consistently 
with  this,  he  assumes  a  kinship  among  the  mem- 
bers of  the  same  gens,  according  to  which  hypo- 
thesis the  several  patres-fiimiliae  of  such  gens  must 
have  descended,  or  claimed  descent,  from  a  common 
ancestor.  Thus  the  gentes  would  be  nothing  more 
than  aggregates  of  kindred  fiunilies,  and  it  must 
have  been  contrived  in  making  the  division  into 
decuriae,  that  all  the  members  of  a  gens  (thus 
understood)  must  have  been  included  in  the  same 
decuria.  But  to  assume  this,  is  nothing  more  than 
to  say  that  the  political  system  was  formed  by  be- 
ginning with  aggregations  of  ftmilies ;  for  if  the 
ultimate  politiod  division,  the  decuriae,  was  to 
consist  of  aggregates  of  gentes  (thus  undentood), 
such  arrangement  could  only  be  eflEscted  by  making 
aggregation  of  fiunilics  the  basis  of  the  politicu 
system,  and  then  ascending  from  them  to  decuriae, 
from  decuriae  to  curiae,  and  from  curiae  to  tribes  ; 
a  proceeding  which  is  inconsistent  with  saying  that 
the  curiae  were  subdivided  into  decuriae,  for  this 
mode  of  expression  implies  that  the  curiae  were 
formed  before  the  decuriae.  But  the  introduction 
of  new  gentes  is  conceivable  even  on  the  hypo- 
thesis of  the  gens  being  a  mere  political  division. 
If  the  number  was  origmally  limited,  it  is  perfectly 
consistent  with  what  we  know  of  the  Roman  con- 
stitution, which  was  always  in  a  state  of  progres- 
sive change,  to  suppose  that  the  strict  rule  of  umi- 
tation  was  soon  neglected.  Now  if  a  new  sens  was 
introduced,  it  must  have  been  assimilated  to  the 
old  gentes  by  having  a  distinctive  name  ;  and  if  a 
number  of  foreignen  were  admitted  as  a  gens,  it  is 
conceivable  that  they  would  take  the  name  of  some 
distinguished  person  among  them,  who  might  be 
the  head  of  a  family  consisting  of  many  branches, 
each  with  a  numerous  body  of  retainen.  And  this 
is  the  better  tradition  as  to  the  patrician  Clandii, 
who  came  to  Rome  with  Atta  Claudius,  their  head 
{gaUit  prinetpi\  after  the  expulsion  of  the  kings, 
and  were  co-optated  (eooptaH)  bv  the  patres  among 
the  patricii ;  which  is  the  same  thing  as  saying  that 
this  immigmtiiig  body  was  reo^gniMd  as  a  tUman 
gens.  (Sneton.  7^  1 ;  Liv.  ii  16.)  According  to 
the  tradition,  Atta  Cbuidins  received  a  tract  of  land 
for  his  clients  on  the  Anio,  and  a  piece  of  burying^ 
ground,  under  the  Capitol,  was  given  to  him  by 
the  state  (jw&ttee).  According  to  the  original  con- 
stitution of  a  gens,  the  possession  of  a  common 
bnrying-plaoe,  and  the  gentile  right  to  interment 
therein,  were  a  part  of  the  gentile  sacra.  (Cic 
Leg.  ii.22  ;  Veil  Pat  ii.  119  ;  Festus,  s.  ihOmeia/ 
liv.  iv.  3,  vi  40 ;  Virgil,  Amt.  vii.  70$.  As  t> 
tile  Oens  Octeviay  see  Snetooios^  A^g,  2.) 


OEOMORI. 

It  is  prsbaUe  that  ereo  in  tlie  tine  of  Ck 
the  proper  notion  of  a  gens  and  its  rights  wm 
understood ;  and  stall  later,  owmg  to  the  gi 
changes  in  the  constitatien,  and  the  extinctiac 
so  many  ancient  gentea,  the  tcaees  of  the  jns  g 
tilitium  were  neariy  efiisoed.  Thus  we  find  t 
the  words  gens  and  fiunilia  are  used  mdiiera 
by  later  writers,  thtmgh  Livy  earcfoliv  dk 
guishes  them.  The  *^  elder  Pliny  speaks  of 
sacra  Serviliae  frmiliae ;  Macrobins  of  the  e 
fiimiliae  dandiae,  AemiUae,  Juliae,  Coneliae ;  a 
an  ancient  inscription  mentiona  an  Aeditoni  s« 
Sacerdos  Seigiae  finniliae,  tbongh  those  irere 
well  known  ancient  gentea,  and  these  sscra,  in  \ 
more  correct  language  of  the  older  writen,  vvi 
certainly  have  been  called  sacra  gmtilitia.*  (i 
vigny,  ^eittckri/i,  dfce.  voL  ii  pw  385.) 

In  the  time  of  Gains  (the  age  of  the  AatsntiM 
the  jus  gentilitium  had  entirdy  fiJlea  into  dita 
(Oaius,  iii  17.)  Thna  an  ancient  institui'-fl 
which  formed  an  integral  part  of  the  old  ooostit 
tion,  and  was  long  held  together  bj  tbe  eo 
servative  power  of  religioitf  rights,  gnuiosllj  Ion  i 
primitive  character  in  the  changes  whieh  ciiiai; 
stances  impressed  on  the  form  of  the  Bonnn  tai 
and  was  finally  extinguiahed. 
•  The  word  Gens  hu  recently  been  rendered  i 
English  by  the  word  Hooae,  a  tcnn  whkh  bu  ha 
be^  purposely  not  used,  as  it  is  aot  oeMisan 
and  can  only  lead  to  miscooception. 

The  subject  of  the  gena  is  discussed  with  pa 
acutMiess  both  by  Niebuhr  {Rom,  HkL  roL  l)  aac 
bj  Maiden  {Hi^  of  Rome,  published  bj  the  S.^ 
ciety  for  the  Diffusion  of  Useful  Knowledge). 

The  views  of  Goettling  are  eootsaied  id  bii 
ChmskielUB  dtr  Kom.  Staaimmfaummg^  Hslle,  m% 
and  those  of  Becker  'uihaBHamdXmAi«rBam»iia 
AUertkumm'  2ter  Theil,  Iste  Abth.    See  siio  Sa 
vigny,  ZeUtekrift,  <£&  vol  ii  p.  380,  &&,  and  L  d- 
terholmer,  <2UMr^  <£&  voL  v.  p.  119.    [G.  L] 
GENTILES.    [GKN&] 
GENTIL'ITAa    [Gaws.] 
GEO'MORI  (r<«M<W  i  Doric,  rW") »  ^ 
name  of  the  second  of  the  three  dsssei  into  viici 
Theseus  is  said  to  have  divided  the  inhsbiuoti  cf 
Attica.   (Pint.  Thn,  26  ;  Pollux,  riil  111.)  Ths 
dass  was,  together  with  the  third,  the  hnimfjd, 
excluded  from  the  great  dvil  and  priestly  oiEcei 
which  belonged  exdusively  to  the  eopstrid*, » 
that  there  was  a  great  distinction  betveeo  tbe  first 
and  the  two  inferior  classes.    We  posMSi,  bor* 
ever,  no  means  to  ascertain  any  psitirahn  respe^  | 
ing  the  rehition  in  which  the  ^^mt^ipm  stood  to  tk 
two  other  classes.     The  name  may  either  lifni? 
independent  land-owners^  or  pesssnts  vho  culti- 
vated the  lands  of  othen  as  tensnts.  The  7<MP« 
have,  accordingly,  by  some  writen  beea  tkooght »  I 
be  free  huul-ownen,  while  othen  hsre  ooocaTed  | 
them  to  have  been  a  dass  of  tenants    It  kcd^ 
however,  inconsistent  with  the  state  9i9^^ 
Attica,  as  well  as  with  the  msoner  in  wkch  the 
name  ymik&pai  was  used  in  other  Greek  rtsWi" 
suppose  that  the  whole  chus  consisted  of  t&eiitttf 
only ;  there  were  undoubtedly  smooff  them  » con- 
siderable number  of  freemen  who  culti«ted  theit 
own   hmdi   (Timaeus,   Gloetar.  t,  (^  roHf^i 
Valckenaer  ad  Herod,  v.  77),  hut  ksd  by  U*^ 
birth  no  claims  to  the  rights  and  pririleges jn  w 
nobles.    We  do  not  hear  of  nyvoiii«^^' 
tions  between  the  ywfUpM  and  the  ht^^ff^' 
and  it  may  either  be  that  there  eziitedooMit*^ 


GEROUSIA. 

K  iftbof  urn  any  atiginally,  tint  tkej  gmdwUy 
asBihd.  That  irould  aceouni  for  the  &et  that 
I^fiSTiiBi  (u.  8)  onl J  moitiooB  two  daaaes  of  At- 
uaai;(Niee«iieipondiiig  to  tlie  Roman  patncwiM, 
iedurtotlniiebeiaoi.  (Thiriwall^  i9tifer|F  o/ 
Gmx,  tcL  E  pi  U  ;  Wachamatii,  HeUmuckt 
Al^rdmmbmd^  toL  L  pu  3€1,  2d  edit ;  Pktaer, 
AnAri^  (fe.,  p.  19 ;  Titmaim,  GMeoL  jShiiifmii  • 

la  Sum  tlie  oamo  ytttfUpM  vat  applied  to  the 
s^ueUoJ  party,  eooaif tmg  of  the  wealthy  and 
pevcisL  (Tkicyd.  Tiil  21  ;  Plat  Quae$L  Rom. 
iL383;lI&ll«,2)ar.  iill.  §4.)  In  Syiacue  the 
anstoaatical  party  was  likewiee  called  ytwft/ipot 
tf  7^*^  io  «|ipotitioo  to  tke  9n/»«s,  (Herod,  rii. 
I5o;  HesycL  ».  a.  Ftifui^M ;  HiUler,  Dor,  iil  4. 

GERAERAE  or  GERARAS  (y^foifid  or  Tcpo- 
p).   [DioNTBU,  PL  412,  a.] 

6ERAN0S  {y^oiw).     [Hyfobchxma.] 

GERMA'NI.    [CoGNATL] 

GEBOU'SIA  (TcpouoiaX  the  conncil  of  elders 
(Tf^wTct),  vas  the  name  of  the  Senate  in  meet 
I>}nc  itstei,aiid  was  eapecially  need  to  signify  the 
Senate  at  Sparta.  In  oonnection  with  thw  sabject 
h  if  propoaed  to  girea  geooal  view  of  the  Spartan 
eoBstitBtkHi,  and  to  explain  the  fonctiooa  of  its 
Vf^ikovt  and  administratiTe  dements.  In  the 
Uet  age»  ai  Spartan  history  one  of  the  most 
{KOQJDent  of  tbese  was  the  college  of  the  fiye 
^on;  hot  SI  an  aoooont  of  the  Ephoralty  is 
gi^  ID  a  separato  artide  [Ephori],  we  shall 
mht  osr  iaqoiries  to  the  kings,  the  yiporrts  or 
cooocilkni,  and  the  ^KKKt^im.  or  assembly  of  Spar- 

nUKwgt.  The  kingly  authority  at  Sparta 
ra,  at  it  )■  well  known,  coeval  witk  the  settle- 
^EBt  of  the  Dorisna  in  the  Pelopoanesos,  and 
csoSoed  (0  the  descendants  of  Aristodemns,  one 
of  Lhe  Hoadeid  leaders,  under  whom«  according 
t»  tlie  Sputaa  legend,  the  conquest  of  laoonia 
«v  ukieTBd.  To  him  were  bom  twin  sons, 
Soiyitheoet  and  Procles;  and  from  this  cause 
>nKe  tlte  disidiy,  or  divided  royalty,  the  soto- 
K^igntj  bdog  slways  shared  by  the  representatives 
cf  the  tvD  ftmilies  which  claimed  descent  fiom 
t^  (Hend.  vL  52)  ;  the  precedence  in  point  of 
^ooov  vai,  however,  gmnted  to  the  older  branch, 
«iio  were  called  Agiads,  as  the  youneer  house 
^u  itT^  Esrypontides  from  .certain  aUeged  de- 
»»wlanu  of  the  twin  brotb»s.  (Niebuhr,  Hid. 
^Am.toLI  p.  356.)  Such  was  the  national 
W°^\  but  as  we  read  that  the  sancnon  of  the 
Pjtliiaa  oncle  was  procured  for  the  arrangement 
of  the  dinchy  (Herod.  /.  a),  we  may  condude  that 
't  «u  not  altogether  fortuitous,  but  rather  the 
*Qrk  of  poUcy  sad  design ;  nor  indeed  is  it  impro- 
»bie  that  the  nobles  would  gladly  avail  them- 
Klr^  of  an  opportunity  to  weaken  the  royal  an- 
M'aitT  by  dividing  it 

.  "Hie  descent  of  the  Spartan  kings  from  the  na- 
t^  lierocs  kA  leaders  oontributed  in  no  small 
^^  to  sapport  thdr  d^nity  and  honour ;  and  it 
^  pakp^  fimn  this  circumstance  partly  that  they 
v«Fe  coDiideied  as  heroes,  and  enjoyed  a  certain 
j^niieipecU.(XeiLZ>si2op.ixiccl5.)  The 
^^'iina  paid  to  them  were,  however,  of  a  simple 
Kid  heroic  cksncter,  such  as  a  Spartan  might-  give 
vithont  derogating  from  his  own  dignity  or  for- 
^^  hii  lelf-Rspect  Thus,  we  are  told  that 
we  k^  Qoited  the  character  of  priest  and  king. 


0ER0U8IA. 


571 


the  priesthoods  «f  Zens  Unmius  (Herod.  vL  56)  and 
the  Lacedaemonian  Zeus  being  filled  by  them ;  and 
that,  in  their  capacity  of  nal,ional  high  priests,  they 
ofiiciated  at  all  the  public  sacrifices  offered  on  be- 
half of  the  state.  (Xea.  />s  Aep.  Lao.  15.)  Moreover 
they  were  amply  provided  with  the  means  for  ez- 
erdsing  the  heroic  virtue  of  hospitality ;  for  this 
purpose,  public  or  domain  lands  were  assigned  to 
them  in  tne  district  of  the  perioed,  or  provincial 
subjects,  and  certain  perquisites  belonged  to  them 
whenever  any  animal  was  slain  in  saoifice.  Be- 
sides this,  the  kings  were  entitled  to  various  pay- 
ments in  kmd  (wmrmif  rSm  ovwy  kwih  r^tcnv  X^^if'^*')* 
that  they  might  never  be  in  want  of  victims  to 
sacrifice;  in  addition  to  which  they  received,  twice 
a  month  from  the  state,  an  f^Zoir  reXcibr,  to  be 
offered  as  a  sacrifice  to  Apdlo,  and  then  served  up 
at  the  royal  table.  Whenever  also  any  of  the 
citisens  made  a  public  sacrifice  to  the  gods,  the 
kings  were  invited  to  the  feast,  and  honoured  above 
the  other  guests :  a  double  portion  of  food  was  given 
to  them,  and  the^  commenced  the  Ubations  to  the 
gods.  (Herod,  vl  57.)  All  these  distinctions  are 
of  a  simple  and  antiquated  character,  and,  so  fiar  as 
they  go,  prove  that  the  Spartan  sovereignty  was  a 
continuation  of  the  heroic  or  Homeric.  The  dis- 
tinctions and  privileges  grsnted  to  the  king  as 
commander  of  the  forces  in  war,  lead  to  the  same 
conclusion.  These  vrere  greater  than  he  enjoyed 
at  home.  He  was  guarded  by  a  body  of  100 
chosen  men,  and  his  toble  was  maintained  at  the 
public  expense :  he  mi^ht  sacrifice  in  his  sacerdotal 
capadty  as  many  victmis  as  he  chose  ;  the  skins 
and  backs  of  which  were  his  perquisites,  and  he 
was  assisted  by  so  many  subordinate  officers,  that 
he  had  nothing  dse  to  do,  except  to  act  as  priest 
and  stntegus.  (Xen.  Do  Rqk  Lae,  14, 15 ;  Herod. 
vi55.) 

The  accession  and  demise  of  the  Spartan  kings 
were  marked  by  observances  of  an  Oriental  charac- 
ter. (Herod,  vi  58.)  The  former  event  was  sig- 
nalised by  a  remission  of  all  debts  due  from  private 
individuals  to  the  state  or  the  king ;  and  on  the 
death  of  a  king,  the  funeral  solemnities  wore  cele- 
bnted  by  the  whole  community.  There  was  a 
general  monmlng  for  ten  days,  during  which  all 
public  business  was  suspended:  horsemen  went 
round  the  country  to  cany  the  tidings,  and  a  fixed 
numbo'  of  the  perioeci,  or  provincial,  was  obliged 
to  come  from  all  parts  of  the  country  to  the  city, 
where,  with  the  Spartans  and  Hdots,  and  their 
wives,  to  the  number  of  many  thousands,  they 
made  loud  lamentations,  and  proclaimed  the  virtues 
of  the  deceased  king  as  superior  to  those  of  all  his 
predecessors.    (Herod.  /.  e.) 

In  comparison  with  their  dignity  and  honours, 
the  constitutional  powera  of  the  kings  were  very 
limited.  In  £aet  ther  can  scarcely  be  said  to  have 
possessed  any  ;  for  though  they  presided  over  the 
council  of  yipovTts  or  kpxorf^vUf  or  principe* 
•eao^iw,  and  the  king  of  the  elder  house  probably 
had  a  casting  vote*,  still  the  voice  of  each  counted 
for  no  more  than  that  of  any  ether  senator :  when 
absent,  their  nlace  was  supplied  and  their  proxies 
tendered  by  the  councillors  who  were  most  neariy 
related  to  them,  and  therefore  of  an  Heraddd 
fomily.    Still  the  kings  had  some  important  ] 


*  Dr.  ThirlwaU  observes  that  this  supposition 
may  perhaps  reconcile  the  difference  between  Herod. 
vL  57.  and  Thucyd.  i.  20. 


572 


OEROUSIA. 


gatirw ;  thm  thej  had  in  oommon  with  other 
magiftmtet  the  ngkt  of  addrMsing  the  pablic 
aMembly ;  beiidet  diu,  they  sat  in  a  lepante  oonrt 
of  their  own,  when  they  gave  judgment  in  aD  caaes 
of  htflresaes  claimed  by  di»Brent  parties :  a  fbnction 
formerly  exercised  by  the  kings  at  Athens,  but 
afterwards  transferred  to  the  Aithon  Eponymus. 
(Herod.  tI  57.)  They  also  i^ypointed  the  fbor 
Pjftki<mi  (IIMmm),  whose  duty  it  was  to  go  as  mes- 
sengers to  consult  the  god  at  Delphi.  Adoptions  also 
took  place  in  their  presence,  and  they  held  a  court 
in  all  cases  connected  with  the  maintenance  of  the 
public  roads ;  probably  in  their  capacity  of  generals, 
and  as  superintendents  of  the  intercourse  with 
foreign  nations.  (MtUler,  Dor.  iil  6.  §  7.)  In 
foreign  afiain,  indeed,  their  jprerogatives  were  con- 
siderable :  thus  they  were  the  commanders  of  the 
Spartan  forces,  and  had  the  privilege  of  nominat- 
ing from  amongst  the  citixens,  persons  to  act  as 
**  proxeni  **  or  protectors  and  entertainers  of  foreign- 
ers visiting  Sparta.  But  their  chief  power  was  in 
war  ;  for  after  they  had  once  crossed  the  borders 
of  Laconia,  in  command  of  troops,  their  authority 
became  unlimited.  They  could  send  out  and  as- 
semble armies,  despatch  ambassadors  to  collect 
money,  and  refer  those  who  applied  to  themselves 
for  justice  to  the  proper  officers  appointed  for  that 
purpose.  (Xen.  De  JUp.  Lac,  13  ;  Thuc.  t.  60, 
viii.  5.)  Two  ephors,  indeed,  accompanied  the 
kings  on  their  expeditions,  but  those  magistiates 
had  no  authority  to  interfere  with  the  king^  opera- 
tions :  they  simply  watched  over  the  proceedings 
of  the  army.  (Xen.  U  c)  Moreover,  there  can  be 
no  doubt  that  the  kings  were,  on  their  return  home, 
accountable  for  their  conduct  as  generals  (Thucyd.  v. 
63),  and  more  especially  after  &e  increase  of  the 
cphond  authority.  Their  military  power  also  was 
not  connected  with  any  political  functions,  for  the 
kings  were  not  allowed  to  conclude  treaties  or  to 
decide  the  fate  of  cities,  without  communicating 
with  the  authorities  at  home.  (Xen.  HM,  iL  2.  §  1  ^ 
V.  3.  §  24.)  In  former  times  the  two  kings  had  a 
joint  command  ;  this,  however,  led  to  inconveni- 
ences, and  a  law  was  in  consequence  pused  that 
for  the  future  one  onlr  of  the  two  kings  should 
have  the  command  of  we  army  on  foreign  expedi- 
tions.   (Herod,  v.  57.) 

II.  TkB  ytpovo-la,  or  eottneii  of  dden.  This 
body  was  the  aristocratic  element  of  the  Spartan 
polity,  and  not  peculiar  to  Sparta  only,  but  found, 
as  has  been  already  observed,  in  other  Dorian 
states,  just  as  a  fiovXii  or  democratical  council  was 
an  element  of  most  Ionian  constitutions. 

The  y*powria  or  ypmria  at  Sparta  included  the 
two  kings,  its  presidents,  and  consisted  of  thirty 
members :  a  number  which  seems  connected  with 
the  divisions  of  the  Spartan  people.  Every  Dorian 
state,  in  &ct,  was  divided  mto  three  tribes :  the 
Hylleis,  the  Dymanes,  and  the  Pamphyli,  whence 
the  Dorians  are  called  rpcx^iccr,  or  thrice  divided. 
(^Od,  xix.  174.)  The  tribes  at  Sparta  were  again 
subdivided  into  Mof,  also  called  ^poxpud  (MQller, 
Dor,  iii.  5.  §  8),  a  word  which  signifies  a  union  of 
families,  whether  founded  upon  ties  of  relationship, 
or  formed  for  political  purposes,  irrespective  of  any 
such  connection.  The  obae  were  like  the  y4popT€Sj 
thir^  in  number,  so  that  each  oba  was  represented 
by  its  councillor:  an  inference  which  leads  to 
the  conclusion  that  two  obae  at  least,  of  the  Hyl- 
lean  tribe,  most  have  belonged  to  the  royal  house 
of  the  Heracleids.    No  one  was  eligible  to  the 


OEROUSIA. 

oouncfl  till  he  was  sixty  yean  of  age  (FIbL  £$aBn^ 

26),  and  the  additional  qnalificatioiis  vere  strietir 
of  an  aristocratic  natore.  We  are  told,  for  kr- 
stance,  that  the  office  of  a  eooneiDor  w«a  the  re- 
ward and  prixe -of  virtue  (Aiiatot./>ofKL  iL  6L  §  1-5  : 
Demosth.  e.  Ltpt,  p.  4S9),  and  that  it  w«a  ooidiz^ 
to  men  of  distinguished  character  aaid  siatiaa 
(xoAoi  fc&roM). 

The  election  was  determined  bj  irole,  aad  the 
mode  of  oondoeting  it  was  remaikable  ihr  its  ak:- 
fiuhioned  simplicity.    The  eooipetitan  pRsesief: 
themselves  one  alter  another  to  the  aaaeaablv  of 
electors  (Plot  Z^cary.  26);  the  latter  testified  xhe'x 
esteem  by  acclamations,  which  vaiied  in  inteBstT 
acoordi^g  to  the  popularity  of  tlie  caadidates  f-^ 
whom  they  were  given.    These  mawifratations  d 
esteem  were  notol  by  persons  in  aa  adjoininf 
building,  who  could  judge  «f  the  ailcKitiixg,  hk 
could  not  tell  in  whose  fitvoor  it  wraa  given.    The 
person  whom  these  judges  thooglit  to  bave  htta 
most  applauded  was  decured  the  mocotadal  ca&L- 
date.    The  different  oompetiton  for  a  vacant  phee 
offered    themselves    upon    their    owa    jadgnea 
(Aristot  PoUt.  ii  6.  §  18),  probablj  always  frsa 
the  Md,  to  which  the  oonndllor  wrhoae  place  was 
vacant  had  belonged ;  and  as  the  office  was  for  li6>, 
and  therefore  only  one  vacsncj  could  (in  ozdiaar 
cases)  happen  at  a  time,  the  attftitian  of  the  vbak 
state  would  be  fixed  on  the  choice  of  tlK  decton. 
The  office  of  a  councillor,  however,  ivas  not  ocj 
for  life,  but  also  irresponsible  (Ariatet.  FdliL  ii  Si. 
as  if  a  previous  reputation,  and  the  near  approseb 
of  death,  were  considered  a  sofficient  gaaaniee  &r 
integrity  and  modenttioa.    But  the  coandDen  dH 
not  always  prove  so,  for  Aristotle  (L  e.)  tdb  es 
that  the  members  of  the  y^poyoia  reoerfed  briber 
and  frequently  showed  partiality  in  ihmr  ^eaamL 

The  functions  of  the  councillors  were  partly  d^ 
liberative,  partly  judicial,  and  partlj  ezecotive.  la 
the  dischaige  of  die  first  they  piepazed  neasores 
and  passed  preliminary  decreea  (PlnL  ^j^  H) 
which  were  to  be  laid  before  the  popohirasaa&blT, 
so  that  the  hnportant  privilese  of  initiating  all 
changes  in  the  government  or  laws  was  vcstei  ia 
them.    As  a  criminal  court  thej  could  poni^  with 
death  and  civil  degradation    (krtfJa^   Xen.  Oe 
Rep,  LoA  10.  $  2  ;  AristPott.  iii  IX  and  tha^ 
too,  without  being  restrained  by  any  code  of  vrit- 
ten  laws  (Aristot  PoUL  ii.  6),  fat  which  natkaol 
lieeling  and  recognised  usages  would  fonn  a  sufi:- 
cient  substitute.    They  also  appear  to  have  exer- 
cised, like  the  Areiopagus  at  Athena,  a  geoeial 
superintendence  and  inspeetim  over  the  lives  asd 
manners  of  the  citixens  (or&Ari  tt  wtagiairi  dudpH- 
maepnbUoae,  AuL  OelL  xviil  3),  and  probaUy  were 
allowed  **  a  kind  of  patriarchal  authority  to  eaicm 
the  observance  of  ancient  usage  and  djacxplbse." 
(Thirlwall,  HitL  ofChroaee^  vol  L  p.  31&)    It  is 
not,  however,  easy  to  define  with  exactnesi  tlie 
original  extent  of  their  functions ;  especially  ■• 
respects  the  last-mentioned  duty,  since  the  epbon 
not  only  encroached  upon  the  prerogatives  of  t&e 
king  and  council,  but  aho  possessed,  in  very  eariv 
times,  a  censorial  power,  and  vrere  not  l&dy  to 
permit  any  diminution  of  its  extent 

III.  J%9  iiatkficfa,  or  ntmwMy  of  Sjportn 
froemtn.  This  assembly  possessed,  in  theoiy  at 
least,  the  supreme  authority  in  all  matters  aflfectoig 
the  general  interests  of  the  state.  Its  oiiainal 
position  at  Sparta  is  shortly  explained  by  a  rhetn 
or  ordinance  of  Lycuigus,  which,  in  the  fbiraof  ss 


QBROUSIA. 

tsade^  ezibibiti  Om  principal  features  of  the  Spartan 
p^tf: — *^  Bafld  a  tanple,^  lajs  the  Pythian 
^ed.  **  to  HeUanian  Zeni  and  HeUanian  Athena  ; 
drride  the  tribc^  and  institute  thirtj*  ohas  ;  ap- 
paint  a  oooncil  with  its  prinees  ;  call  an  assembl  j 
(inAAiCcv)  between  Babyca  and  Knakion,  then 
Bake  a  modon  and  depart ;  and  let  there  be  a 
rieht  of  deeisioo  and  power  to  the  people  **  {9dfi/^ 
Uatpdw^^mlicpderas,  Vint,  l^futty.  6  ;  Miiller, 
Dor.  liL  5l  §  8). 

Bt  this  eidkanee  inll  power  was  given  to  the 

peofje  to  adopt  or  reject  whaterer  was  proposed 

te  them  by  the  king  and  other  magistiates.     It 

vaa,  hew«Ter,  fbond  necessary  to  define  this  power 

DrT«  sactly,  and  the  following  danse,  ascribed  to 

tbe  kings  Tbeopompms  and  PolydoniSy  was  added 

U)  the  original  rhetia,  **  but  if  the  people  shoold 

^^w  a  crooked  opinion  the  elders  and  the  princes 

i^a&  wichdiaw  **  (robt  itp^atvywius  leol  Vx** 

T^roa  &»o«TaTi|p«tf  li^uv).     Plutarch  (JL  c)  in- 

ser^aets  these  wwds  to  mean  **  That  in  case  the 

pNiple  does  not  either  reject  or  approye  in  toto  a 

Eeanre  prapoeed  to  them,  the  kings  and  conncil- 

krs  ihoold  diawlTe  the  assembly,  and  declare  the 

propesed  decree  to  be  inTslid.**    According  to  this 

istcfpretation,  which  is  oonfirmed  by  some  renes 

bk  the  Ewwroia  of  Tyrtaeos,  the  asaembly  was  not 

competent  to  originate  any  measures,  but  only  to 

paH  or  reject,  without  modification,  the  laws  and 

decrees  pfopmed  by  the  proper  authorities :  a  limi- 

&tko  of  ics  power,  whidi  almost  determined  the 

fhzsatta  of  the  Spartan  constitution,  and  justifies 

the  voids  of  Demosthenes,  who  obsenred  (o.  Lep. 

pi  4Sd.  20),  that  the  y^pmwia  at  Sparto  was  in 

aaiij  rei^peets  supreme — Acow^mr  ^orf  rw  itoK- 

^Srr.    All  citisens  aboTe  the  age  of  thirty,  who 

vae  not  labouring  under  any  loss  of  frsnehise, 

vere  admksiUe  to  the  general  assembly  or  fivcAAa 

(Flat.  Ifcmjg.  35X  as  it  was  called  in  the  old  Spar- 

tu  dialect ;  but  no  one  except  public  magistrates, 

asd  chiefly  the  ephon  and  kings,  addrened  the 

peo^  without  bemg  specially  called  upon.    (MIU* 

lec,  Dor.ToLA,  §  1 1.)  The  same  public  fiinctionaries 

iIm  put  the  ^[uestion  to  the  vote,    f  Thuc.  L  80.  87.) 

H«i2ce,  SB  the  magistrates  only  (rd  rikii  or  h^x^ 

vere  the  kadecs  and  speakers  of  the  assembly, 

deoees  of  the  whole  people  are  often  spoken  of  as 

the  dedsion  of  the  authorities  only,  especially  in 

ffistttfs  rdating  to  foreign  affiurs.    The  intimate 

conaeetion  of  the  ephors  with  the  assembly  is 

ihovn  fay  a  phnse  of  Teiy  firequent  occuxrenoe  in 

decrees  (ftoC*  rotir  4f&pots  leol  t^   iKicKri«ri^). 

The  method  of  ToCing  was  by  acdamation  ;  the 

pbee  of  meeting  between  the  brook  Knakion  and 

tlie  bridge  Babyea,  to  the  west  of  the  dty,  and  en- 

doKd.   (Pint.  Zfiwy]^.  6.)   The  rqpdar  assemblies 

were  held  ereiy  full  moon ;  and  on  occasions  of 

energeocy  extraordinary  meetings  were  convened. 

(Qered.  TiL  134.) 

The  whole  people  alone  eonld  proclaim  "  a  war, 
omdude  a  p^^e,  enter  into  an  armistice  for  any 
logth  of  time ;  and  all  negotiations  with  foreign 
itites,  though  conducted  by  the  kings  and  ephors, 
codd  he  ratted  by  the  lame  anthority  only.**  With 
regard  to  domestic  aflairs,  the  highest  offices,  such 
M  nagistncies  and  priesthoods,  were  filled  **  by 
the  totes  of  the  people ;  a  disputed  succession  to 
the  thxtne  was  decided  np<m  by  them  ;  changes  in 
the  eofostitntion  were  proposed  and  explained,  and 
all  new  laws,  after  a  perions  decree  in  the  senate, 
vere  confirmed  by  them,^  (MiUler,  Oor.  4.  §  9.) 


GEROUSIA. 


57S 


It  appean,  therefore,  to  use  the  words  of  Mttller, 
that  the  popuhir  assembly  really  possessed  the 
supreme  political  and  legisUuire  auduMrity  at  Sparta, 
but  it  was  so  hampered  and  checked  by  the  spirit 
of  the  constitution,  that  it  oould  only  exert  its  au- 
thority within  certain  prescribed  limits;  so  that 
the  gorexnment  of  the  state  is  often  spoken  of  as 
anaristocncy. 

Besides  the  ^mrXii^a  which  we  have  just  de- 
scribed, we  read  in  later  times  of  another 
called  the  small  assembly  (Xen.  HiiL  iil  3.  §  18), 
which  appears  to  have  been  couTened  on  occa- 
nons  of  emergency,  or  which  were  not  of  suffident 
importance  to  require  the  dedsion  of  the  entire 
body  of  dtiaens.  This  more  select  assembly  was 
probably  composed  of  the  S^mm,  or  superior  dti- 
sens,  or  of  some  class  enjoyinff  a  similar  prece- 
dence, together  with  some  of  the  magistrates  of 
the  state  [Eoclxti],  and  if;  as  sf^Mars  to  hate 
been  the  case,  it  was  convened  mora  frequently 
than  the  greater  assembly,  it  is  erident  that  an  ad- 
ditional restraint  was  thus  laid  upon  the  power  of 
the  bitter  {PkiloL  Mumtm^  toL  ii  p.  65),  the 
functions  of  which  must  have  been  ofien  superseded 
by  it 

The  preceding  remarks  will  enable  us  to  dedde 
a  question  which  has  been  raised,  what  was  the 
real  nature  of  the  constitution  of  Sparta  ?  From 
the  expressions  of  Greek  writers,  every  one  would 
at  once  answer  that  it  was  aristocratic  ;  but  it  has 
been  asserted  that  the  aristocra^  at  Sparta  was  an 
aristocracy  of  conquest,  in  which  the  conquering 
people,  or  Dorians,  stood  towards  the  conquered, 
or  Achaians,  in  the  relation  of  nobles  to  commons, 
and  that  it  was  prindpally  in  this  sense  that  the 
constitution  of  Sparta  was  so  completely  anti-popu- 
lar or  digarehicaL  (Arnold,  lino.  Appmd.  iL) 
Now  this  indeed  is  true  ;  but  it  seems  no  less  true 
that  the  Spartan  government  would  have  been 
equally  called  an  digarehy  or  aristocracy  even  if 
there  had  been  no  subject  dass  at  all,  on  account 
of  the  disposition  *and  administration  of  the  sove- 
reign power  within  the  Spartan  body  alone.  The 
fiict  is,  that  in  theory  at  least,  the  Spartan  constitu- 
tion, as  settled  by  Lycuigns,  was  a  dedded  demo- 
cracy, with  two  hereditary  officers,  the  generals  of 
the  commonwealth,  at  its  head  ;  but  in  jMmctice  (at 
least  before  the  encroachments  of  the  ephors)  it 
was  a  limited  aristocracy  ;  that  is,  it  worked  as  if 
the  supreme  authority  was  settled  in  the  hands  of 
a  mmority.  The  principal  circumstances  which 
justify  us  in  considermg  it  as  such,  are  briefly  **  the 
restraints  imposed  upon  the  assembly,  the  exten- 
sive powers  of  the  councillors,  their  deetion  for 
life,  their  iirespondbility,  the  absence  of  written 
laws,  of  paid  offices,  of  dfices  determined  by  lot,** 
and  other  things  thought  by  the  Greeks  character- 
istic of  a  democracy.  Independent  of  which  we 
must  remember  that  Sparta  was  at  the  head  of  the 
oligarehical  interest  in  Greece,  and  always  sup- 
ported, as  at  Coreyra  and  Aigos,  the  oligarchical 
party,  in  opposition  to  the  democratic,  which  was 
aided  by  Athens.  In  &ct  Dr.  Arnold  hhnself  ob- 
serves, that  even  in  the  relations  of  the  conquering 
people  among  themselves  the  constitution  was  fiir 
less  popular  than  at  Athens.  We  must,  however, 
bear  in  mind  that  the  constitution,  as  settled  by 
Lycui^gus,  was  completely  altered  in  character  by 
the  usurpation  of  the  ephors.  To  such  an  extent 
was  this  the  case,  that  Phito  {Leg,  iv.  p^  713) 
,  doubted  whether  the  govenment  at  Sparta  might* 


574 


GLADIATORBS. 


not  be  called  a  **  tjnumy,**  in  eooseqaenoe  of  the 
extensive  powers  of  the  ephotalty,  thoogh  H  was 
a*  much  like  a  democracy  as  any  form  of  goTomment 
CDold  well  be  ;  and  yet,  he  adds,  not  to  call  H  an 
aristocracy  (t.  «.  a  goTomment  fk  the  lipurroi\  is 
quite  absurd.  Moreover,  Aristotle  (Po2dL  iv.  8), 
when  he  enumctates  the  reasons  why  the  Spartan 
government  was  called  an  oligarchy,  makes  no  men- 
tion of  the  relations  between  the  Spartans  and  their 
conquered  subjects,  but  observes  that  it  received 
this  name  beeuise  it  had  many  oligaiehical  insti- 
tutions, such  as  that  none  of  the  magistrates  were 
chosen  by  lot ;  that  a  few  persons  were  competent 
to  inflict  banishment  and  death. 

Perhaps  the  shortest  and  most  accurate  descrip- 
tion of  the  constitution  of  Sparta  is  contained  in 
the  following  observations  of  Aristotle  (PoliL  ii.  6) : 
—  Some  affirm  that  the  best  form  of  government 
is  one  mixed  of  all  the  forms,  wherefore  they  pnise 
the  Spartan  constitution :  for  some  say  that  it  is 
composed  of  an  oligarchy,  and  a  monarchy,  and  a 
democracy  —  a  monarchy  on  account  of  the  kings, 
on  oligarchy  on  account  of  the  councillors,  and  a 
democracT  on  account  of  the  ephors  ;  but  others 
say  that  the  ephoralty  is  a  **  tyranny;  **  whereas,  on 
the  other  hand^  it  may  be  affirmed  Uiat  the  public 
*  tables,  and  the  regulations  of  daily  life,  are  of  a 
democratic  tendency.  [R.  W.] 

GERRHA  <7^^)>  in  Latin,  GWtm,  properiy 
signified  any  thing  made  of  wicker-work,  and  was 
especially  used  as  the  name  of  the  Persian  shields, 
which  Were  made  of  wicker-work,  and  were  smaller 
and  shorter  than  |he  Greek  shields  {k^rX  iurwiSwif^ 
Y«VM  Herod.  viL  61,  ix.  61 ;  Xen.  AnaL,  ii.  1.  §  6  ; 
Festus,  9.  w.  cemmes,  gerrae). 

GL  ADI  ATO'RES  (/iovotMixot\  were  men  who 
fought  with  swords  in  the  amphitheatre  and  other 
places  for  the  amusement  of  the  Roman  people. 
{Oladiaior  esi;  gm  in  otmo,  populo  tpeeifiwte^  pt^ 
navit^  QuintiL  Deelam.  302.)  They  are  said  to 
have  been  first  exhibited  by  the  Etruscans,  and  to 
have  had  their  origin  from  the  tustom  of  killing 
slaves  and  captives  at  the  funeral  pyres  of  the  de- 
ceased. (Tertttll.  de  Spedae,  12  ;  Serv.  od  Virg. 
Am.  x.  619.)  [FuNus,  p.  559,  a.]  A  show  of 
gladiators  was  <alled  miMM^  and  the  person  who 
exhibited  {•dtbast)  it,  sitfor,  mmmraior^  oxdomimu*^ 
who  was  honoured  during  the  day  of  exhibition,  if 
a  private  person,  with  the  official  signs  of  a  magis- 
trate. (CapitoL  M.  Ankm,  Pkilot,  23 ;  Flor.  iii 
20  ;  Cic.  ad  AtL  iL  19.  §  3.) 

Gladiators  were  first  exhibited  at  Rome  in  &  c. 
264,  in  the  Forum  Boorium,  bv  Marcus  and  Deci- 
nus  Brutus,  at  the  funeral  of  &ir  father.  (Valer. 
Max.  iL  4.  §  7  ;  Liv.  EpiL  16.)  They  were  at 
first  confined  to  public  funerals,  but  afterwards 
fought  at  the  funerals  of  most  persons  of  conse- 
quence, and  even  at  those  of  women.  (Suet  «/!(£. 
26  ;  Spartan.  Hadr.  9.)  Private  persons  some- 
times left  a  sum  of  money  in  their  will  to  pay  the 
expenses  of  such  an  exhibition  at  their  funerals. 
(Sen.  d«  Brm,  ViL  20.)  CombaU  of  gladiators 
were  also  exhibited  at  entertainments  (Athen.  iv. 
p.  153  ;  SiL  ItaL  xL  51),  and  especially  at  public 
festivals  by  the  aediles  and  other  magistrates,  who 
sometimes  exhibited  immense  numbers  with  the 
view  of  pleasing  the  people.  (Cic.  pro  Mur,  18  ; 
de  Of,  ii  16.)  [Abdilbs.]  Under  the  empire 
the  passion  of  the  Romans  for  this  amusement 
rose  to  its  greatest  height,  and  the  number  of 
gladiators  who  fought  on  some  occasions  appears 


GLADIATORBS. 

almost  incredible.  After  TrBJan>  triimpb  tm 
the  Dadans,  there  wen  more  than  16,000  ex- 
hibited. (Dkm  Ctm.  IxviiL  15.) 

Gladiators  consisted  either  of  captives  (Vnisc. 
Pnk.  19),  slaves  (Suet.  VUelL  12),  aadcaodans- 
ed  malefofetor%  or  of  fieebom  dtiscns  whs  fcoglt 
voluntarily.  Of  those  who  were  candemoed,  va* 
were  said  to  be  condemned  otf  ^torfissi,  m  vlikli 
case  they  were  obliged  to  be  kiUed  at  least  viihia 
a  year  ;  and  others  ad  Imdmm,  who  night  olioia 
their  discharge  at  the  end  of  three  yesn.  (Ulpa.% 
OoUoL  Mm.  H  Rom.  L^,  tiL  ii  s.  7.  §  4)  FI^- 
men,  who  became  glndiators  for  hire,  w«re  caiir ) 
aKetorati  (Quint  L  e,  ;  Hor.  SatTi,7.5»\  m 
their  hire  auotorawmnfmm  or  ffkidiaisrkm,  (Sort 
Tib,  7  ;  Liv.  xliv.  31.)  They  also  took  as  nii 
on  entering  upon  the  service,  which  is  jntmei 
by  Petrooius  (117).  —  "In  verba  Eomolpi  acn- 
mentum  juravimus,  uri,  vindri,  verfaetari,  fetroqa* 
necari,  et  quioquid  aliud  Eumtdpos  jnsuiset,  tao- 
quam  legitimi  gladiatores  domino  eoipon  masi- 
que  religioaissime  addicimna.**  (Oapsre  Sese^. 
^BjisL  7.)  Even  under  the  repoblie  free-ben 
citiiens  fought  as  gladintors  (LIv.xxviii.  21X  bn 
they  appear  to  have  belonged  only  to  the  lover 
orders.  Under  the  empire,  however,  both  eqa-ta 
and  senators  fought  in  the  areut  (Dion  Ca«.  U.  tJ  ; 
Ivi  25  ;  SneU  JmL  39  ;  Aug.  43  ;  Ner.  12),  sai 
even  women  (Tacit  Ann.  xv.  32  ;  Soet  Dom,  4  -, 
Jttv.  vi  250,  dec.  ;  Stat  Silv.  t  vi  53) ;  whicb 
practice  was  at  length  forbidden  in  the  tine  of 
Severus.  (Dion  Cass.  Ixxv.  16.) 

Gkidiators  were  kept  in  sdiools  (UQ,  ^tst 
they  were  trained  by    persons  csUed  Imiatu. 
(Suet  JnL  2$  ;  Cic  pro  Rote.  Amer.  40 ;  JaT.r^ 
216,  xi  8.)     The  whole  body  of  gladiston  wAts 
one  lanista  was  frequently  oiled  Jiumlia.   (San 
Ang.  42.)    They  sometimes  woe  the  prapotTof 
the  hmistae,  who  let  them  out  to  pcnoin  vbo 
wished   to  exhibit  a  show  of  (^adisun ;  bot  at 
other  times  belonged  to  citisens^  who  kept  then 
for  the  purpose  of  exhibition,  and  engsged  isiu^tae 
to  instruct  them.     Thus  we  read  of  the  IkIu 
Aemilius  at  Rome  (Hor.  tfs  Art  pod.  32X  v^  o^ 
C^aesar^s  ludos  at  Otpua.     (Caes.  /isUL  Oia  i.  Ii) 
The  superintendence  of  the  ludi,  whid  bekstpi 
to  the  emperors,  was  entrusted  to  *  Pff^  ^  ^ 
rank,  called  curator  or  procurator.  (TsoL  Am.  xL 
35  ;  xiii  22  ;   Suet  CaL  27  ;  Oiutcr,  /mcr.  jw 
489.)    The  gladiators  fought  in  these  lodivith 
wooden  swordi^  caUed  ONiflt.    (SoeL  CUL  32, 54.) 
Great  attention  was  paid  to  their  diet  is  oid«f  ta 
increase  the  strength  of  their  bodies,  wheoee  Cicen) 
{PhiL  ii  25)   speaks  of  **  gladiatoris  totioi  oir- 
poris  firmitas."    They  were  fed  with  noorabiw 
iwA^etSifAgiadiaioriata^ma.  (TBdt.^u.^) 
A  great  number  of  gladiators  wen  ^^"^^ 
Ravenna  on  account  of  the  salubrity  of  tbe  ]»«. 
(Strabo,  V.  p.  213.) 

Gladiators  were  sometimes  exhibited  it  ^ 
fimeral  pyre,  and  sometimes  in  the  finm,  bat 
more  frequently  in  the  amphithestnL  [Aurv- 
TMBATRUM.]  The  pocsou  who  wss  to  exMbit  » 
show  of  gladiators  published  some  dxs%yif^^ 
exhibiUon  bills  {UMU)^  containqg  tke  sombir 
and  sometimes  the  names  of  those  who  wen  to 
fight  (Cic.  ad  Fam.  ii  8  ;  Soet  Ow.  •fi)  i 
When  the  day  came,  they  were  led  i^^ 
arena  in  procession,  and  matched  by  pun  (H<^-  ' 
5W.  i  7.  20)  ;  and  their  swoids  w«w  exMamed 
by  the  editor  to  see  if  they  wcremfiooitljilaiF- 


OLADIATORES. 

rDkn  Our  Ixriil  3 ;  Suet  TU.  9  ;  Lipdni, 
Eicmr^  ad  Tat.  Ami.  iil  37.)  At  first  th«i«  was 
X  kind  of  aftsm  bsttie,  called  praeUuio^  in  which 
iher  hfagkt  with  woo^  swwda,  or  the  like  (Cic. 
If  OraL  u.  78,  80 ;  Grid,  An  AmmL  m,  515  ; 
Sfnec  .£jPM^  1I7X  >^  afterwards  at  the  sound  of 
ne  truaipet  the  ml  battle  began.  When  a  gladi- 
a%^  was  wamded,  the  people  called  oat  hcAel  or 
hue  haUi  /  aod  the  one  who  was  Tanquished  low- 
(-red  his  anas  in  token  of  submission.  His  fiite, 
h  'vem-,  depended  upon  the  people,  who  pressed 
c^wn  cheb  thmnhs  tf  thej  wished  him  to  be 
sared,  hot  tamed  them  up  if  they  wished  him  to 
'ja  killed  (Hor.  Ep,\.\Z.  66  ;  Jar.  iii  36),  and 
(jdered  hnn  to  lecdTe  the  sword  {Jamtm  red- 
fnt\  which  gJBdiatmfa  uaoallj  did  with  the 
crreatesi  irmnssi.  (Cic  Tmte.  ii  17,  pro  SeteL 
^7,  pn  MO.  34.)  If  the  life  of  a  yanqoished 
dadauar  was  S|)ared,  he  obtained  his  discharge  lor 
i^  dar,  which  was  called  wii$do  (Mart.  xiL  29. 
7 ) ;  and  hcDce  in  an  czhibitioB  of  gladiators  mm 
B'woBf  (Lit.  zli  20),  the  lives  of  the  conquered 
Trfe  nerer  spared.  This  kind  of  exhibition, 
Wwevei;  was  fbrindden  by  Augustus^  (Suet 
Awf.  45.) 

Pshas  were  usually  given  to  the  TictorioQs 
^ladiaton  (Suel  CaL  32) ;  and  hence,  a  gladiator, 
vbo  had  frequently  conquered,  is  called  **  {^uri- 
aanim  palsumim  Radiator'*  (Cic.  pro  Mote,  Amer, 
€] ;  mooey  also  was  sometimea  given.  (Jav.  viL 
n$ ;  Suet.  CUuuL  21.)  Old  gladiators,  and  aome- 
trata  thaee  whe  hsMi  only  fiMnght  for  a  short  time, 
V'jt  diacfaaiged  from  the  serviee  by  the  editor  at 
liK  leqneat  of  the  people,  who  presented  each  of 
^eia  with  a  nidis  or  wooden  sword ;  whence 
ihme  who  were  discharged  were  called  RmUanL 
(Cic  Pka^  ii.29:  Hor.^.i  1,  2;  Suet  7116. 
7  ;  C^iat. La}  If  a  peiaon  was  free  before  he 
f^itocd  the  Indus,  he  became  on  his  discharge  free 
a^ ;  and  if  be  had  been  a  slave,  he  returned  to 
tHe  aaoie  condition  again.  A  man,  however,  who 
bad  Itcea  a  gladiator  was  always  considered  to 
bre  disgraced  himself  and  consequently  it  ap- 
p<WB  that  he  ooold  not  obtun  the  equestrian  rank 
if  he  afterwards  acquired  sufficient  property  to 
entitle  him  to  it  (Quint  L  o.)  ;  and  a  slave  who 
lad  been  mat  into  a  ludns  and  there  manumitted 
^er  by  his  then  owner  or  another  owner,  merely 
a^qoired  the  status  of  a  peregrinus  dediticius. 
((iaiai,L  lSw>    [Dkditicu.] 

SbovB  of  gladhiion  were  abt^ished  by  Constan- 
tine  (Cod.  11.  tit  43),  but  appear  notwithstanding 
ta  have  been  generally  exhibited  till  the  time  m 
HoQorioa,  by  whom  they  were  finally  suppressed. 
(Thcodoret  Hui.  Eedet,  v.  20.) 

Gladiators  were  divided  into  different  daases, 
scolding  to  their  arms  and  different  mode  of 
fighting,  or  other  circumstances.  The  names  of 
the  moat  important  of  these  chuses  is  given  in 
alphabetical  order:  — 

Aadabatae  (Ci&  ad  Fam.  viL  10),  wore  helmets 
^thoat  any  aperture  for  the  eyes,  ao  that  they 
vere  obliged  to  fight  blindfold,  and  thus  excited 
the  nirth  of  the  spectators.  Some  modem  writers 
*^J  that  they  fought  on  horseback,  but  this  is 
itaiedbyOrelli  (/user.  2577.) 

Catervarii  was  the  name  given  to  gladiators 
vbeo  they  did  not  fight  in  pairs,  but  when  several 
%kt  together.  (Suet  Amff.  45  ;  gregaiim  dimi- 
ow^ait30.) 

IHmadieri  appear  to  have  been  so  called,  be- 


QLADIATORES. 


575 


oauM  they  fimghft  with  twa  swords.  (Artemiod.  ii. 
32  ;  Orelli,  Inmr.  2584.) 

JSoMtea  were  those  who  fought  on  horaehack. 
(Orelli,  2569.  2577.) 

Jit$edaru  fought  from  chariots  like  the  Qaula 
andBritona.  [Eassda.]  They  are  frequently  men- 
tioned in  inseriptioDiL  (Orelli,  2566.  2584,  Slc) 

Fitoalm  were  these  under  the  empire,  who  were 
trained  and  supported  from  the  fiscus.  (Capitol. 
Gord,^) 

Jlopkmadd  appear  to  have  been  those  who 
fought  in  a  complete  suit  of  armour.  (Suet  OU, 
3^  ;  Martial,  viiL  74  ;  Orelli,  2566.)  Lipsras  con- 
sidoB  them  to  have  been  the  same  with  the  Sam- 
nitea,  and  that  this  name  was  disused  under  the 
emperors,  and  hoplomachi  substituted  for  it 

LaqmecUortt  were  those  who  used  a  noose  to 
catch  their  adversaries.  (laiod.  xviii.  56.) 

Mtridiam  were  thoae  who  fought  in  the  middle 
of  the  day,  after  eombaU  with  wild  beasts  had 
taken  plaee  in  the  morning.  These  gladiators  were 
very  slightly  armed.  (Senec  EpitL  7 ;  Suet  Cltaid, 
34  ;  OreUi,  2587.) 

MirmUUme9  are  said  to  have  been  so  called  from 
their  having  the  image  of  a  fish  {mormyr^  ftop^ 
A&^f)  on  their  helmets.  (Festua,  a  v»JietiarioJ) 
Their  arms  were  like  those  of  the  Oaula,  whence  we 
find  that  they  were  alao  called  GallL  They  were 
uaaally  matched  with  the  retiarii  or  Thnciana. 
(Cic  PhiL  iii  12,  vii  6  ;  Juv.  viii.  200  ;  Suet 
CaL  32  ;  OreUi,  2566,  2580.) 

Ordmarii  waa  the  name  applied  to  all  the  regular 
ghidiatora,  who  fought  in  paira,  in  the  ordinary 
way.  (Senec.  EpitL  7 ;  Suet  At^.  45,  CaL  26.) 

Pottulatieii  were  auch  as  were  demanded  by 
the  people  from  the  editor,  in  addition  to  those  who 
were  exhibited.  (Senec.  /.  e.) 

Proooeatont  fought  with  the  Samnites  (Cic  pro 
Sad.  64),  but  we  do  not  know  any  thing  respect- 
ing them  except  their  name.  They  are  mentioned 
in  inscriptions.  (Orelli,  2566.)  The  vpoSoKdrttp 
mentioned  by  Artemiodorus  (iL  32)  appears  to  be 
the  aame  as  the  provocator. 

RtHarU  cairiea  only  a  three-pointed  lance,  called 
iridens  at/utcina  [Fy8CiNAj,anda  net  (reto),  which 
they  endeavoured  to  throw  over  their  adversaries, 
and  then  to  attack  them  with  the  friacina  whOe  they 
were  entangled.  The  retiariua  waa  dresaed  in  a  short 
tunic,  and  wore  nothing  on  hia  head.  If  he  miased 
hia  aim  in  throwing  the  net,  he  betook  himaelf  to 
flight,  and  endeavoured  to  prepare  hia  net  for  a 
aeoond  cast,  while  his  adversary  followed  him  round 
the  arena  in  order  to  kill  him  before  he  could  make 
a  second  attempt  His  adversary  was  usually  a 
secutor  or  a  mirmillo.  (Juv.  il  1 43,  viii  203  ;  Suet 
CaL  30  ;  Ootid.  34  ;  Orelli,  2578.)  In  the  follow- 
bg  woodcut,  taken  from  Winckelmann  (Monum. 


576 


OLADIATOREa 


Tmd.  pL  197),  a  combat  if  represented  betweoi  a 
retiariuB  and  a  mirmillo :  the  fbnner  has  thiown 
his  net  over  the  head  of  the  Utter,  and  is  proceed- 
ing to  attack  him  with  the  fiiscina.  The  hmista 
stands  behind  the  retiarius. 

Sammiet  were  so  called,  because  thej  were 
armed  in  the  same  way  as  that  people,  and  were 
particularly  distinguished  by  the  oblong  acutitm, 
(Lit.  ix.  40  ;  Cic.  pro  Seat  64.) 

Seeuioret  are  supposed  by  some  writers  to  be  so 
called  because  the  secutor  in  his  oombat  with  the 
retiarius  pursued  the  latter  when  ho  fiuled  in  se- 
curing him  by  his  net  Other  writers  think  that 
they  were  the  same  as  the  m^fpomtaU^  mentioned  by 
Martial  (v.  24),  who  were  gladiatofs  substituted  in 
the  place  of  those  who  were  wearied  or  were  killed. 
(Suet  CaL  30 ;  Jut.  viiL  2 1 0.)  If  the  old  reading 
in  a  letter  of  Cicero^  (adAU.  viL  14)  is  correct, 
Julius  Caesar  had  no  less  than  £00  secutores  in  his 
Indus  at  Capua  ;  but  it  appears  probable  that  we 
ought  to  read  tcniorum  instead  of  $eaUortim. 

SuppontitU.     See  SeaUoret, 

Thraoet  or  ThrBoea  were  armed  like  the  Thra^ 
cians  with  a  round  shield  or  buckler  (Festus,  s.  v. 
7%ftM0M),  and  a  short  sword  or  dagger  (stco,  Suet 
CaL  32),  which  is  called  fah  supima  by  Juvenal 
(  yiil  20 1 ).  They  were  usually  matched,  as  already 
stated,  with  the  mirmillones.  The  woodcut  in  the 
next  column,  taken  from  Winckelmann  (/L  c),  re- 
presents a  combat  between  two  Thraoans.  A 
lanista  stands  behind  each. 

Paintings  of  gladiatorial  combats,  as  well  as  of 
the  other  sports  of  the  amphitheatre,  were  fiivourite 
subjects  with  the  Roman  artists.  (Plin.  H,  AT. 
xxxY.  33  ;  Capitol  Oord,  8  ;  Vopisa  Carin.  18.) 
Several  statues  of  gladiators  hare  come  down  to 
us,  which  are  highly  admired  as  works  of  art :  of 
these  the  most  ^ebrated  is  the  gladiator  of  the 


Borghese  collection,  now  in  the  Museum  d  the 
Louvre,  and  the  dying  gladiator,  as  it  is  called,  m 
the  Capitoline  Museum.  Gladiatorial  combals  ait 
represented  in  the  bas-relie&  cm  the  tomb  of  Scan- 
rus  at  Pompeii,  and  illustrate  in  man j  partkaJan 
the  brief  account  which  has  been  given  in  tkii 
article  of  the  several  classes  of  gladiafeonL  These 
bas-reliefs  are  represented  in  the  following  wood- 
cuts from  Maiois  (Pomp,  i.  pL  32).  The  figracs 
are  made  of  stucco,  and  appear  to  have  been  UMnid- 
ed  separately,  and  attached  to  the  plaster  by  pep 
of  bronze  or  iron.  In  various  parts  of  the  fnae 
are  written  the  name  of  the  person  to  whan  the 
gladiators  belonged,  and  also  the  names  of  the  gb- 
diators  themselves,  and  the  numbtf  of  their  vic- 
tories. The  first  pair  of  gladiatois  on  tbe  left  haad 
represents  an  equestrian  combat  Both  vear 
hehnets  with  vizors,  which  cover  the  whole  &ce, 
and  are  armed  with  spears  and  roond  bacUets. 
In  the  second  pair  the  gladiator  on  the  left  haa 
been  wounded  ;  he  has  let  fidl  his  sbidd,  aod  ij 
imploring  the  mercy  of  the  pe<^e  by  raismg  ha 
hand  towards  them.  His  antagonist  stands  be- 
hind him  waiting  the  signal  of  me  people.    Like 


all  the  other  gladiators  represented  on  the  frieze, 
they  wear  the  aubUgaadum  or  short  apron  fixed 
above  the  hips.  The  one  on  the  left  appears  to  be 
a  mirmillo,  and  the  one  on  the  right,  with  an  ob- 
long shield  (aeuium),  a  Samnite.  The  third  pair 
consists  of  a  Thracian  and  a  mirmillo,  the  latter  of 


whom  IS  defeated.  The  fourth  group  consists  cf 
four  figures  ;  two  are  secutores  and  two  retiani 
The  secutor  on. his  knee  appears  to  have  been  de- 
feated by  the  retiarius  behind  him,  but  as  the 
friscina  is  not  adapted  for  prodndng  certain  deaih, 
the  other  secutor  is  called  upon  to  do  it     Tbe 


GRABUa 

xttmm  in  tbe  dittaoce  is  probably  destined  to 
igiit  in  his  tun  with  the  surviTing  secntor.  The 
\ut  gmp  eooMts  of  a  minnillo  and  a  Samnite  ; 
t^  htter  is  defieated. 

la  tJM  last  woodcnt  two  combats  are  repre- 
iested.  Id  tlie  fiist  a  Samnite  has  been  conquered 
Ij  a  Biinmllo ;  the  ktma  is  holding  np  his  hand 
to  tbe  people  to  implore  mercy,  wUle  the  latter 
appiraitlj  wishes  to  become  his  eneray^  execu- 
Licer  be^  reeeiting  the  signal  from  the  people  ; 
kt  the  lanista  holds  him  back.  In  the  other 
tijoiai  a  ooinniUo  is   mortally  wounded  by  a 

I:  «rill  be  obaerred  that  the  right  arm  of  eTexy 
fi^  is  pnteeted  by  armour,  which  the  left  does 
Bi.t  require  on  account  of  the  shield.  [Bbstia&u  ; 
ViXiTHx]    (Lipsins,  Satumaiia.) 

(jLADIUS  ({i^,  poet.  &op,  ipd4ryaMw\  a 
iword  IT  glaive,  by  the  Latin  poets  called  earn. 
Tbe  aodeoc  sword  had  generally  a  straight  two- 
ciUed  l^e  (ift^^Kt^  Horn.  IL  x.  256),  rather 
>fid,  and  nearly  of  equal  width  from  hilt  to  point. 
Gadiaton,  howerer,  used  a  sword  which  was 
cu^ed  likeaacimitar.  (Mariettc,  BeemeiL,  Na  92.) 
Id  tism  of  the  remotest  antiquity  swords  were 
isi«  of  bnnae,  but  afterwards  of  iron.  (Eurip. 
^i«a.  e7, 529, 1438  ;  Virg.  Am.  ir.  579,  vL  260, 
zii.  1I5A.)  The  Greeks  and  Romans  wore  them 
iiitkieftside  (Sid.  Apollin.  Oarm.  2),  so  as  to 
(bv  tbeo  out  of  the  sheath  {voffinai  ito\f6s)  by 
}iemf  the  r%ht  hand  in  front  of  the  body  to  take 
^  d  of  the  hilt  with  the  thumb  next  to  the  blade. 
HfCceAeschylBB  distinguishes  the  army  of  Xerxes 
U  tbe  d<i)0nuiiation  of  /«ax<upo^pov  tBtfOi  {Pen. 
dS ,  alluding  to  the  obTiooa  difference  in  their  ap- 
^■vaLct  in  connequence  of  the  use  of  the  Acinacbs 
'jiskai  of  the  swccd. 

Tbe  oily  Greeks  used  a  very  short  sword. 
l;uiciate*,  who  made  Tarious  improvements  in 
aniMir  aboat  400  B.  c,  doubled  its  length  (Died. 
xi.  44),  n  that  an  iron  aword,  found  in  a  tomb 
a:  Atbens,  snd  represented  by  Dodwell  (Tbar,  i. 
M^S),  vastvo  feet  fire  inches  long,  including 
tite  baadje,  which  was  also  of  iron.  The  Roman 
i^jvi^  ai  ms  the  case  also  with  their  other 
ortcnaire  weapons,  was  larger,  heavier,  and  more 
Mdable  than  the  Greek.  (Florus,  ii.  7.)  Ito 
.eagth  gai«  occasion  to  the  joke  of  Lentulus  upon 
b.^  tonrin-lsw,  who  was  oi  very  low  stature, 
"  Who  tied  mjr  son-in-law  to  his  sword  ?  "  (Ma- 
<nb.  Saim.  ii.)  To  this  Roman  sword  the 
tirwb  ipplied  the  term  crwci^  (Arrian,  Tact,)y 
■x\xh  WM  the  name  of  a  piece  of  wood  of  the  same 
fc-nc  Died  in  weaving  [Tbla].  The  British  glaive 
^«  luO  larger  than  the  Roman.  (Tac.  Affric.  36.) 
la  k  moQimwnt  found  in  London,  and  preserved 
«  Oxford,  the  g^ve  is  represented  between  three 
ad  fcor  feet  long.     (Montfau9on,  Sigaplem.  iv. 

Tbe  principa]  ornament  of  the  sword  was  be- 
stowed opon  the  hilt     [Capulus.] 

(P^din  was  sometimes  used  in  a  wide  sense,  so 
ai  to  include  Pugio.     (A.  GeU.  ix.  1 3.)     [J.  Y.J 

GUXDES.    [FuNDA.] 

GNOMON  iyv^iuw),    [Horolooium.] 

GOMPHI.    [VlT] 

G0RGYRA(7or/^p«).    [Cahc.r,] 

uK^DUS  (jS^/Mi),  a  dep^  as  a  measure  of  length, 
»as  half  a  pom  {pattus)  and  contained  2^  feet, 
P  V  and  Roman  respectively,  and  therefore  the 
litetit  &^fut,  was  rather  more,  and  the  Roman 


GRAMMATEUa  577 

ffradus  rather  less,  than  2^  feet  English.  (See  the 
Tables.)  [P.S.] 

GRADUS  COGNATIONIS.     [Coonatl] 

GRAECOSTASIS,  a  phu»  in  the  Roman 
forum,  on  the  right  of  the  Comitium,  was  so  called 
because  the  Greek  ambassadors,  and  perhaps  also 
deputies  from  other  foreign  or  allied  states,  were 
allowed  to  stand  there  to  hear  the  debates.  The 
Graecostasis  was,  as  Niebnhr  remarks,  like  privi- 
leged seats  in  the  hall  of  a  parliamentary  assem- 
bly. The  SkOionea  Municipiontm^  of  which  Pliny 
speaks  (f/.  N.  xvi.  44.  s.  86),  appear  to  have  been 
pUces  allotted  to  municipals  for  the  same  purpose. 
When  the  sun  was  seen  from  the  Curia  coming 
out  between  the  Rostra  and  the  Graecostasis,  it 
was  mid-day  ;  and  an  accensus  of  the  consul  an- 
nounced the  time  with  a  clear  loud  voice.  (Plin. 
H.  N.  viL  60,  xxxiiL  1.  s.  6  ;  CxcadQ,  Fr,  il  1 ; 
Varr.  L.  L.  v.  155,  ed.  MuUer  j  Niebuhr,  HiO.  of 
RomtB^  vol  ii  note  116.) 

GRAMMATEUS  (-whwiotc^s),  a  clerk  or 
scribe.  Among  the  great  number  of  scribes  em- 
ployed by  the  magistrates  and  governments  of 
Athens,  there  were  three  of  a  higher  rank,  who 
were  real  state-ofiicenL  (Suidas,  s.  v.)  Their 
fimctions  are  described  by  Pollux  (viii.  98).  One 
of  them  was  appointed  by  lot,  by  the  senate,  to  servo 
the  time  of  the  administmUon  of  each  prytan}-, 
though  he  always  belonged  to  a  different  prytany 
firom  that  which  was  in  power.  He  was  therefore 
called  ypofifioTths  kot^  wpwaytiay.  (Dcmosth. 
e.  Timocrai.  p.  720.)  His  province  was  to  keep  the 
public  records,  and  the  decrees  of  the  people  which 
were  made  during  the  time  of  his  office,  and  to  de- 
liver to  the  thesmothetae  the  decrees  of  the  senate. 
(Demosth.  /.  c)  Demosthenes  in  another  passage 
(de  Fala.  Leg.  p.  381)  states  that  the  public  doai- 
ments,  which  were  deposited  in  the  Metroon,  were 
in  the  keeping  of  a  public  slave  ;  whence  we  must 
suppose  with  Schdmann  (de  CifmiL  p.  302,  transl.) 
that  this  servant,  whose  office  was  probably  for  life, 
was  under  the  7pa/ifuiTc(^s,  and  was  his  assistant 
Previous  to  the  arehonship  of  Euclcides,  the  name 
of  this  scribe  was  attached  to  the  beginning  of 
every  decree  of  the  people  (Schumann,  p.  132,  &c.; 
compare  Boulk)  ;  and  the  name  of  the  ypofLfMrtis 
who  officiated  during  the  administration  of  the 
first  prytany  in  a  year  was,  like  that  of  the  archon 
eponymus,  used  to  designate  the  year. 

The  second  ypofifULTtis  was  elected  by  the 
senate,  by  x^^P^^^^^  &iid  was  entrusted  with 
the  custody  of  Uie  laws  {M  robs  y6fiovs^  Pollux, 
/.  e. ;  Demosth.  o.  Timocrai.  p.  713  ;  de  Coron.  p. 
238).  His  usual  name  was  ypofiftarths  rtis  /SovXiir* 
but  in  inscriptions  he  is  also  called  ypofjifiaxtvs  r&v 
fioukevTov  (Bockh,  PubLEeon.  p.  185,  2d  edit). 
Further  particulars  concerning  his  office  are  not 
known. 

A  third  ypofifMre^s  was  called  ypofiixarfhs  rrjs 
v6\€ws  (Thucyd.  vii.  10),  or  ypofi^MTths  t^s 
0ovK^s  K<d  rov  8^/xov.  He  was  appointed  by  the 
people,  by  x^^P^^^^"^  i^^  ^^®  principal  part  of 
his  office  was  to  read  any  laws  or  documents  which 
were  required  to  be  read  in  the  assembly  or  in  the 
senate.  (Pollux,  L  c. ;  Demosth.  de  Fah.  Leg.  p. 
419  ;  0.  Leptin.  p.  485  ;  Suidas,  s.  v.) 

A  class  of  scribes,  inferior  to  these,  were  those 
persons  who  were  appointed  clerks  to  the  several 
civil  or  military  officers  of  the  state,  or  who  served 
any  of  the  three  ypa/xfjuertls  mentioned  above  as 
under-derks  {^oypofifiarus,  Demosth.  de  FaU. 
p  r 


578  GRAPHE. 

Leg,  p.  419  ;  d^  Ckjron,  p.  314  ;  Antiphon,  de 
ChoreuL  p.  792  ;  Lysiaa,  e,  JVioomach.  p.  864). 
These  persons  were  either  public  slaves  or  citizens 
of  the  lower  orders,  as  appears  from  the  manner  in 
which  Demosthenes  speaks  of  them,  and  were  not 
allowed  to  hold  their  office  for  two  succeeding 
years.  (Lysias,  e.  Nioomach.  p.  864,  according 
to  the  interpretation  of  this  passage  by  Bockh, 
PubL  Econ.  p.  188,  note  168.) 

Different  from  these  common  clerks  were  the 
hniypwpus^  checking-clerks  or  counter-scribes,  who 
must  likewise  be  divided  into  two  classes,  a  lower 
and  a  higher  one.  The  former  comprised  those 
who  accompanied  the  generab  and  cashiers  of  the 
armies  (Demosth.  d«  Overton,  p.  101),  who  kept 
the  control  of  the  expenditure  ot  the  sacred  money, 
&c  (Bockh,  PuU.  EcotL  p.  187).  The  higher  class 
of  iarrtypoipus^  on  the  other  hand,  were  public 
officers.  Their  number  was,  according  to  Harpo- 
cration  (».  v.),  only  two,  the  hrriypcup^hi  t^s 
8tot^<rf»»,  and  the  \iniypou^s  r^t  /SouXflj.  The 
office  of  the  former  was  to  control  the  expenditure 
of  the  public  treasury  {Zioitcnirii)  ;  the  latter  was 
always  present  at  the  meetings  of  the  senate,  and 
recorded  the  accounts  of  money  which  was  paid 
into  the  senate.  (Compare  Pollux,  viil  98  ;  Suidas, 
9.  0.)  He  had  also  to  lay  the  accounts  of  the 
public  revenue  before  the  people  in  evenr  prytany, 
so  that  he  was  a  check  upon  the  ^ToSorrat.  He 
was  at  first  elected  by  the  people  by  x^^P^^^^% 
but  was  afterwards  appointed  by  lot  (Aeschin.  e, 
Ctesiph,  p.  417  ;  Pollux,  L  c.) 

The  great  number  of  clerks  and  counter-clerks 
at  Athens  was  a  necessary  consequence  of  the  in- 
stitution of  the  cd#^,  which  could  not  otherwise 
have  been  carried  into  effect  (See  Sch5mann,  de 
Omit,  p.  302,  &C.  ;  Btickh,  L  c  ;  Hermann, 
PoUt.  Aniiq.  §  127.  n.  17  and  18.)  [L.  S.] 

GRAMMATOPHYLACIUM.        [Tabdla- 

RIUM.] 

GRAPHE  {ypa^\  in  its  most  general  accept- 
ation, comprehends  all  state  trials  and  criminal 
prosecutions  whatever  in  the  Attic  courts  ;  but  in 
Its  more  limited  sense,  those  only  which  were  not 
distinguished  as  the  c&9vin7,  ivHtt^is,,  €laaeyyc\la 
by  a  special  name  and  a  peculiar  conduct  of  the 
proceedings.  The  principal  characteristic  differ- 
ences between  public  and  private  actions  are  enu- 
merated under  Dike,  and  the  peculiar  forms  of 
public  prosecutions,  such  as  those  above  men- 
tioned, are  separately  noticed.  Of  these  forms, 
together  with  that  of  the  Graphs^  properly  so 
.called,  it  frequently  happened  that  two  or  more 
were  applicable  to  the  same  cause  of  action  ;  and 
the  discretion  of  the  prosecutor  in  selecting  the 
roost  preferable  of  his  available  remedies  was  at- 
tended by  results  of  great  importance  to  himself 
and  the  accused.  If  the  prosecutor^s  speech 
{KaTnyopia\  and  the  evidence  adduced  by  him, 
were  insufficient  to  establish  the  aggravated  cha- 
racter of  the  wrong  in  question,  as  indicated  by 
the  form  of  action  he  had  chosen,  his  ill-judged 
rigour  might  be  alleged  in  mitigation  of  the  punish- 
ment by  the  defendant  in  his  reply  (jkicoKoyia),  or 
upon  the  assessment  of  the  penalty  after  judgment 
given  ;  and  if  the  case  were  one  of  those  in  which 
the  dicasts  had  no  power  of  assessing  {hrrifiitros 
ypcup-fi),  it  might  cause  a  total  failure  of  justice, 
and  even  render  the  prosecutor  liable  to  a  fine  or 
other  punishment  (Dem.  a  AndraU  p.  601,  c. 
Meid.  p.  523.) 


GRAPHS. 

The  courts  before  which  public  oases  eoald  { 
tried  were  very  various ;  and,  besides  the  ordiiu^ 
Heliastic  bodies  under  th«  oontiol  of  the  nj 
archons  or  the  generala  or  Iqgistae,  the  oonndl  ai 
even  the  assembly  of  the  people  oocasioiiallr  I 
came  judicial  bodies  for  that  purpose,  as  in  the  c^ 
of  certam  Docunasiae  and  Eisangeliae.    (Meii 
AU.  Proe.  pp.  205.  268.)      The  proper  ooon 
which  to  bring  a  particular  action  was  fiv  the  iN 
part  determined  by  the  sabject-matter  of  the  i 
cusation.     In  the  trial  of  state  offences  it  mi 
general  requisite  that  the  ostensible  jantecai 
should  be  an  Athenian  citizen  in  the  foU  poai^ 
sion  of  his  franchise  ;  bnt  on  some  particular  cc^ 
sioni  (Thua  vL  28  ;  Lya.  pro  OaU.  pi  186)  < 
slaves  and  resident  aliens  were  invited  to  e 
fiorward  and  lay  infi»rmationsL     In  such  casea,  a 
in  some  Eisangeliae  and  other  tpecial  { 
the  prosecution  and  conduct  of  the  cause  in  e 
waa  carried  on  by  advocates  retained  bj  the  i 
((vrfryopot)  for  the  occasion  ;  but  with  the  e 
tion  of  these  temporary  appointments,  the  | 
tion  of  purely  state  interests  seems  to  hate  1 
left  to  volunteer  accusers.  I 

In  criminal  causes  the  prosecution  was  m 
ducted  by  the  K^ptos  in  behalf  of  the  i^gne^^ 
woman,  minor,  or  slave  ;  his  rpoord-nit  yMA^ 
gave  some  assistance  to  the  resident  aliea  id  ifl 
commenoement  of  proceedings,  though  the  acoJ 
tion  was  in  the  name  of  the  person  aggrieTed.  -wh 
also  made  his  appearance  at  the  trial  vithoot  m 
intervention  of  the  patron  (Meier,  AtL  Pn^ 
p.  661)  ;  and  a  complete  foreigner  woold  npo 
this  occasion  require  the  same  or  a  still  /iirtM 
protection  from  the  proxenus  of  his  cwmtn?^ 
W  ith  the  exception  of  cases  in  which  the  A|«g>^ 
Ephegesis  Endeixis,  or  Eisangelia  were  ado^ 
in  the  three  first  of  which  an  arrest  aetoailj  diJ 
and  in  the  last  might  take  place,  and  aecnati^ 
at  the  Euthynae  and  Docimasiae,  when  the  acfcjd 
was  or  was  supposed  by  the  law  to  be  praeau  n 
public  action  against  a  citizen  commenced  like  arj 
ordinary  law-suit,  with  a  summons  to  appear  b-^j 
fore  the  proper  magistrate  on  a  fixed  dar.  (P^'^'i 
Bttthypk,  iuit)  The  anacrisis  then  foliovti 
[Anacrisis]  ;  but  the  bill  of  accMStioo  v?' 
called  a  ypa^,  or  ^<{^is,  as  the  case  might  be.  aci 
not  an  fyKKnifia  or  Xij{«,  as  in  pritste  acO'^as ; 
neither  could  a  public  prosecution  be  referml  to 
an  arbitrator  [Diabtbtab],  and  if  it  were  c^ 
promised,  would  in  many  cases  render  the  8frn*er 
liable  to  an  action  ica0ii^^irc«s,  if  not  ipso  fafto  t.> 
a  fine  of  a  thousand  drachmae.  (Meier,  AU.  Prrr, 
p.  35.5.)  The  same  sum  was  also  forfeited  vh^n 
the  prosecutor  failed  to  obtain  the  voieca  of  a  ^M 
of  the  dicasto  in  all  cases  except  those  brocirdt 
before  the  archon  that  had  refereiioc  to  hj^  \ 
(KdxtiM'ts)  done  to  women  or  orphans ;  and  bciicw 
this  penalty,  a  modified  disfranchiseinent,  as,  J^  j 
instance,  an  incapacity  to  bring  a  similar  awia- 
tion,  was  incurred  upon  several  occaaiona.  l?^ 
the  conviction  of  the  accused,  if  the  sentence  wre 
death,  the  presiding  magistrate  of  the  co«irt  djj- 
vered  the  prisoner,  who  remained  in  Uie  aawj 
of  the  Scythae  during  the  trial,  to  the  E/«?>^ft 
whose  business  it  was  to  execute  judgrncnt  np«' 
him.  If  the  punishment  were  cwifiscalion  of  pw- 
perty,  the  demarchs  made  an  inrentoij'  of  ''^^  | 
effects  of  the  criminal,  which  was  read  in  the  af-  I 
sembly  of  the  people,  and  delivered  to  the  pdeaf. 
that  they  might  make  a  sale  of  the  gooda,  and  {«.^ 


GYMNASIUM. 

h  tile  pmeeedf  to  the  paUic  trcawTj.  (Meter,  Ati. 
/'Qc.  PL  740,  Ac.)  [J.S.M.J 

(iRAPHIA'RIUM.    [Stilds.] 

(3RAPHI&    [PiCTiT»A,No.VL] 

GRAPHiaM.    [Stilu&I 

GREGOBU'NUS  CODJBX.    [Codkx  Ge«- 

iOUiNTS.] 

f.RIPHUS  (yfSp9s\    [Abnioma.] 

<IKOMA.        [AgRIM XN60RB8  ;      CA6TRA,     p. 

•:5l,a.] 
<iR()SPHOS  (ypiv^s),     [Hasta.] 
UUBERNA'CULUM.     [Navw.] 
GUSTATIO.    [CoKNA,  p.  307,  a.] 
(jCTTUS,&  yeaaeit  with  a  narrov  mouth  or 
D^k^  frocB  which  the  liquid  waa  poured  in  drops : 
^-eece  its  name  **■  Qui  yinura  dabant  ut  minutatim 
imkrmV,  a  gnttis  outturn  appellanmL  **     (  Varr.  L, 
L  f.  124,  ed.  MUIler.)     It  was  especially  uaed  in 
ttcntiees  (Plin.  //.  AT.  ztL  36.  a.  73),  and  hence 
«e  £iid  it  repcvsented  on  the  Roman  coins  struck 
fay  ^mma  vho  held  asj  of  the  priestlj  offices  ; 
SI,  ^jt  ineance,  in  the  annexed  coin  of  L.  Plancus, 
tb«  cgR'temporaij  of  Augnatua,  where  it  appears, 
tWigh  in  didfereot  forms,  both  on  the  obverse  and 
nrtsL   The  guttus  was  also  used  for  keeping 


GYMNASIUM. 


679 


tbe  oil,  with  which  persons  were  anointed  in  the 
|«t&i.  (JaT.  ill  263,  xL  158.)  A  guttus  of  this 
£is<l  is  figured  on  p.  192. 
0  YMNASIARCH  E&  [Gymnasium.] 
GYMNA'SIUM  (Tu/urdirtoy).  The  whole  edu- 
aii<«  of  a  Greek  youth  was  divided  into  three 
pam :  mosiar,  music,  and  gymnastics  (ypdn/uprOy 
i-*irtsk,  sad  yvfimurriic^,  Plato,  TAeoff,  p.  122  ; 
yiutdeAadU.  c.  17  ;  Clitoph.  p.  497),  to  which 
Ari^e  {de  RtpuU.  viii.  3)  adds  a  fourth,  the 
art  of  dawing  or  painting.  Gymnastics,  however, 
vei%  thoaght  by  the  ancients  a  matter  of  such  im- 
{B!izace,tliat  this  part  of  education  alone  occupied 
u  iBQcii  time  and  attention  as  all  the  others  put 
ti^ether;  and  while  the  laUer  necessarily  ceased 
u  a  cemin  period  of  life,  gymnastics  continued  to 
^  ailtiTated  by  persons  of  all  ages,  though  those 
af  aa  adranoed  age  naturally  took  lighter  and  less 
BUguiog  exefcises  than  boys  and  youths.  (Xen. 
^"■pK.  i.  7  ;  Lucian,  Lexiph.  5.)  The  ancients, 
>nd  BMR  especially  the  Greeks,  seem  to  have  been 
itvoQghly  convinced  that  the  mind  could  not  pos- 
GblT  be  io  a  healthy  state,  unless  the  body  was 
'^▼ise  in  perfect  health,  and  no  means  were 
liwBght;  either  by  philosophers,  or  physicians,  to  be 
Eore  condndTe  to  preserve  or  restore  bodily  health 
^  well-regulatiid  exercise.  The  word  gymnas- 
bcs  is  derired  from  yvfuf6s  (naked),  because  the 
?™« who  performed  their  exercises  in  public  or 
Jfl'ate  gynmssia  were  either  entirely  naked,  or 
•^'y  eoTered  by  the  short  x«T«fo'.  (See  the  autho- 
ntw  mWachsmiith,i?etf«,  AUerlh.  voL  ii  p.  354. 
•irfimnd  Becker,  Ckarikles,  vol  i.  p.  316.) 

^^  great  partiality  of  the  Greeks  for  gymnastic 
exerciiei  was  pcodoctive  of  infinite  good :  they 
P^eto  \he  body  that  healthy  and  beautiful  deve- 


lopment by  which  the  Greeks  excelled  all  other 
nationa,  and  which  at  the  same  time  imparted  to 
their  minds  that  power  and  elasticity  which  will 
ever  be  admired  in  all  their  productions.  (Lucian^ 
de  Oymmout.  15.)  The  plastic  art  in  particular 
must  have  found  its  first  and  chief  nourishment  in 
the  gymnastic  and  athletic  performances,  and  it 
may  be  justly  observed  that  the  Greeks  would 
never  have  attained  their  preeminence  in  sculpture 
had  not  their  gymnastic  and  athletic  exhibitions 
made  the  artists  familiar  with  the  beautiful  forms 
of  the  human  body  and  its  various  attitudes.  Re- 
specting the  advantages  of  gymnastics  in  a  medicol 
point  of  view,  some  remarks  are  made  at  the  end 
of  this  article.  But  we  must  at  the  same  time 
confess,  tint  at  a  later  period  of  Greek  history 
when  the  gymnasia  had  become  places  of  resort  for 
idle  loungers,  their  evil  effects  wore  no  less  strik- 
ing. The  chief  objects  for  which  they  had  origi- 
nally been  instituted  were  gradually  lost  sight  of, 
and  instead  of  being  places  of  education  and  train- 
ing they  became  mere  places  of  amusement ;  and 
among  other  injurious  practices  to  which  they  gave 
rise,  the  gymnasia  were  charged,  even  by  the  an- 
cients themselves,  with  having  produced  and  fos- 
tered that  roost  odious  vice  of  the  Greeks,  the 
waidcpotfTJo.  (Pint  Quaeat,  Rom.  40.  vol.  ii. 
p.  122.  ed.  Wvttenb. ;  compare  Aristot  de  RepubL 
viii.  4  ;  Plut.  Pkilcp,  3.) 

Gymnastics,  in  the  widest  sense  of  the  word, 
comprehended  also  the  agonistic  and  athletic  arts 
{iymfiaTiK4i  and  iti9\iiTuth\  that  is,  the  art  of  those 
who  contended  for  the  prizes  at  the  great  public 
games  in  Greece,  and  of  those  who  made  gymnas- 
tic performances  their  profession  [Atulktab  and 
Agonothstab].  Both  originated  in  the  gymna- 
sia, in  as  far  as  the  athletae,  as  well  as  the  agonis- 
tae  were  originally  trained  in  them.  The  athletae, 
however,  afterwards  formed  a  distinct  class  of  per- 
sons unconnected  with  the  gymnasia ;  while  the 
gymnasia,  at  the  time  when  they  had  degenerated, 
were  in  reality  little  more  than  agonistic  schools, 
attended  by  numbers  of  spectators.  On  certain 
occasions  the  most  distinguished  pupils  of  the  gym- 
nasia were  selected  for  the  exhibition  of  public 
contests  [Lampadbphobia],  so  that  on  the  whole 
there  was  always  a  closer  connection  between  the 
gymnastic  and  agonistic  than  between  the  gym- 
nastic and  athletic  arts.  In  a  narrower  sense,  how- 
ever, the  gymnasia  had,  with  very  few  exceptions, 
nothing  to  do  with  the  public  contests,  and  were 
places  of  exercise  for  the  purpose  of  strengthening 
and  improving  the  body,  or  in  other  words,  places 
for  physical  education  and  training ;  and  it  is 
chiefly  in  this  point  of  view  that  we  shall  consider 
them  in  this  article. 

Gymnastic  exercises  among  the  Greeks  seem  to 
have  been  as  old  as  the  Greek  nation  itself,  as 
may  be  inferred  from  the  fact  that  gymnastic  con- 
tests are  mentioned  in  many  of  the  earliest  legends 
of  Grecian  story  •  but  they  were,  as  might  be  sup- 
posed, of  a  rude  and  mostly  of  a  warlike  character. 
They  were  generally  held  in  the  open  air,  and  in 
plains  near  a  river,  which  a£forded  an  opportunity 
for  swimming  and  bathing.  The  Attic  legends 
indeed  referred  the  regulation  of  gymnastics  to 
Theseus  (Pans.  i.  39.  §  3),  but  acconling  to  Galen 
it  seems  to  have  been  about  the  time  of  Cleisthenes 
that  gymnastics  were  reduced  to  a  regular  and  com- 
plete system.  Great  progress,  however,  must  have 
been  oaade  as  early  as  the  time  of  Solon,  as  appears 
F  p  2 


580 


GYMNASIUM. 


from  some  of  his  laws  which  are  mentioned  below. 
It  was  about  the  same  period  that  the  Greek  towns 
began  to  build  their  regular  gymnasia  as  places  of 
exercise  for  the  young,  with  baths,  and  other  con- 
veniences for  philosophers  and  all  persons  who 
■ouffht  intellectual  amusements.  There  was  pro- 
bably no  Greek  town  of  any  importance  which  did 
not  possess  its  gymnasium.  In  many  places,  such 
as  Ephesus,  Hierapolis,  and  Alexandria  in  Troas, 
the  remains  of  the  ancient  gymnasia  have  been 
discovered  in  modem  times.  Athens  alone  pos- 
sessed three  great  gymnasia,  the  Lyceum  (A^Kttoy), 
Cynosarges  {Kvv6<rapyris)^tmd  the  Academia(*Aica- 
Siy/iia) ;  to  which,  in  later  times,  several  smaller  ones 
were  added.  All  places  of  this  kind  were,  on 
the  whole,  built  on  the  same  plan,  though,  from 
the  remains,  as  well  as  from  the  descriptions  still 
extant,  we  must  infer  that  there  were  many  dif- 
ferences in  their  detail.  The  most  complete  de- 
scription of  a  gymnasium  which  we  possess,  is  that 
given  by  Vitruvius  (v.  11),  which,  however,  is 
very  obscure,  and  at  the  same  time  defective,  in  as 
far  as  many  parts  which  seem  to  have  been  essen- 
tial to  a  gymnasium,  are  not  mentioned  in  it. 
Among  the  numerous  plans  which  have  been  drawn, 
according  to  the  description  of  Vitruvius,  that  of 
W.  Newton,  in  his  translation  of  Vitruvius,  vol.  i. 
fig.  52,  deserves  the  preference.  The  following 
woodcut  is  a  copy  of  it,  with  a  few  alterations. 


The  peristylia  (D)  in  a  gymnasium,  which  Vi- 
truvius incorrectly  calls  palaestra,  are  placed  in  the 
form  of  a  square  or  oblong,  and  have  two  stadia 
(1200  feet)  in  circumference.  They  consist  of  four 
porticoes.  In  three  of  them  (ABC)  spacious  exe- 
drae  with  seats  were  erected,  in  which  philoso- 
phers, rhetoricians,  and  others,  who  delighted  in 
intellectual  conversation  might  assemble.  A  fourth 
portico  (E),  towards  the  south,  was  double,  so  that 
the  interior  walk  was  nut  exposed  to  bad  weather. 
The  double  portico  contained  the  following  apart- 
ments:-— The  Ephebeum  (F),  a  spacious  hall  with 
seats,  in  the  middle,  and  by  one-third  longer 
than  broad.  On  the  right  is  the  Coryceum  (G), 
perhaps  the  came  room  which  in  other  cases  was 


GYMNASIUAL 

called  Apodyterium ;  then  came  the  Coniitermm  0\ 
adjoining  ;  and  next  to  the  0>nisteriYmL,  in  the  rj 
turns  of  the  portico,  is  the  culd  bath,  KoQrpov  ( I 
On  the  left  of  the  Ephebeum  is  the  Elaeotheasinfi 
where  persons  were  anointed  by  the  aliptae  (Ki 
Adjoining  the  Elaeothesinm  is  the  Frigidarhij 
(L),  the  object  of  which  is  nnknowiL  From  theni 
is  the  entrance  to  the  Propnigemn  (M),  on  the  r^ 
turns  of  the  portico  ;  near  which,  but  more  inwa-H 
behind  the  place  of  the  frigidarium,  ia  the  vazilt-i 
sudatory  (N),  in  length  twice  its  breadth,  wbi  j 
has  on  the  returns  the  Laconicum  (O)  on  one  idci 
and  opposite  the  Laconicum,  the  hot-hath<P| 
On  the  outside  three  porticoes  are  built ;  ooe  (Q  | 
in  passing  out  from  the  peristyle,  and,  oo  the  ri^H 
and  left,  the  two  stadial  porticoes  (R  S),  of  wkkd 
the  one  (S)  that  faces  the  north,  is  made  doeill 
and  of  great  breadth,  the  other  (R)  is  single,  slp 
so  designed  that  in  the  parts  which  encircle  ib> 
walls,  and  which  adjoin  to  the  columns,  there  ceh 
be  margins  for  paths,  not  less  than  ten  feet ;  as; 
the  middle  is  so  excavated,  that  there  may  be  t%' 
steps,  a  foot  and  a  half  in  descent,  to  go  from  tb  | 
maiigin  to  the  plane  (R),  which  plane  sboold  ht-I 
be  less  in  breadth  than  12  feet;  bj  this  meac^ 
those  who  walk  about  the  margins  in  their  appard 
will  not  be  annoyed  by  those  who  are  exerdsir^^ 
themselves.  This  portico  is  called  by  the  Greeks 
^wrT6s^  because  in  the  winter  seasm  the  athlrtau^ 
exercised  themselves  in  these  covered  stadia.  Tb.'^ 
^uarr6s  had  groves  or  plantations  between  the  t^o 
porticoes,  and  walks  between  the  treea,  with  sea:? 
of  signine  work.  Adjoining  to  the  ^vrr6s  (R)  ard 
double  portico (3),  are  the  uncovered  walks  <U\ 
which  in  Greek  are  called  irapaSpofd9€s,  to  which  \ 
the  athletae,  in  fair  weather,  go  from  the  winter- 
xystus,  to  exercise.  Beyond  the  zystos  is  tb^ 
stadium  (W),  so  lar;ge  that  a  multitude  of  peDf>]i 
may  have  sufficient  room  to  behold  the  contests  of 
the  athletae. 

It  is  generally  believed  that  Vitruvius  in  tbii 
description  of  his  gymnasiimi  took  that  of  Nap J« 
as  his  model ;  but  two  important  parts  of  other 
Greek  gymnasia,  the  apodyterium  and  the  spbaen?- 
terium,  are  not  mentioned  by  him.  The  Greeks 
bestowed  great  care  upon  the  outward  and  inward 
splendour  of  their  gymnasia,  and  adorned  thrm 
with  the  statues  of  gods,  heroes,  xictan  in  the 
public  games,  and  of  eminent  men  of  everr  d:is*. 
Hermes  was  the  tutelary  deity  of  the  gymna^A. 
and  his  statue  was  consequently  seen  in  most  of 
them. 

The  earliest  regulations  which  we  possess  ccc- 
ceming  the  gymnasia  are  contained  in  the  laws  oi 
Solon.  One  of  these  laws  forbade  all  adults  to 
enter  a  gymnasium  during  the  time  that  boys  wrrr 
taking  their  exercises,  and  at  the  festival  of  the 
Hermaea.  The  gymnasia  were,  according  to  the 
same  law,  not  allowed  torbe  opened  before  son- 
rise,  and  were  to  be  shut  at  sunset  (Aeschin. 
e.  TVmarcA.  p.  38.)  Another  law  of  Sokm  ex- 
cluded slaves  from  g3nnnastic  exercisea.  (Aeschin, 
0.  Timarck  p.  U7  ;  Plut  Solou^  1 ;  Demofth.  c. 
Timocrat.  p.  736.)  Boys,  who  were  children  rf 
an  Athenian  citizen  and  a  foreign  mother  (r^i . 
were  not  admitted  to  any  other  gymnasinin  but  tl" 
Cynosarges.  (Plut  Tke$H.  1.)  Some  of  the  U^s 
of  Solon  relating  to  the  management  and  the  snpcr- 
intendence  of  the  gymnasia,  show  that  he  vj 
aware  of  the  evil  consequences  which  these  ioiv- 
tutions  might  produce,  unless  they  were  reguiaud 


GYMNASIUM. 

br  tite  itrietest  rales.  As  we,  however,  find  that 
a^iilis  abo  fre<]ueDted  the  gymmttia,  we  must  sup- 
|ue  that,  at  least  as  laog  as  the  laws  of  Solon 
^iK  IB  foite,  the  gymnasia  were  diyided  into 
difmot  parts  &r  peisona  of  different  ago,  or  that 
^3xas  of  different  ages  took  their  exercise  at  dif- 
^t  times  of  the  &j.  (Bockh,  Q)rp,  ItueripL 
c  246  and  2214.)  The  edocation  of  boys  up  to 
'ie  me  of  fixteen  was  divided  into  the  three  parts 
seatioied  aboTC,  so  that  gymnastics  formed  only 
mt  of  them;  bat  during  the  period  from  the 
siiteenth  to  ihe  eighteenth  year  the  instruction 
b  gzammar  and  music  aeons  to  hare  ceased,  and 
a[»mfiastics  were  exelusiTely  pursued.  In  the  time 
6f  Pkto  the  saltttaiy  reguhitions  of  Solon  appear 
fi  bre  been  no  longer  obaerred,  and  we  find  per* 
iocs  of  all  ages  risiting  the  gymnasia.  (Pkit.  De 
i&^  T.  p.  452 ;  Xen.  Syn^M.  ii  1 8.)  Athens  now 
pctsested  a  number  of  smaller  gymnasia,  which  are 
ftisetimes  called  palaestrae,  in  which  persons  of  all 
23/a  Da»i  to  assemble,  and  in  which  erea  the 
Uenmea  were  celebrated  by  the  boys,  while  for- 
iceify  this  fiolemnity  had  been  kept  only  in  the 
pal  gjmxiaaia,  and  to  the  exclusion  of  all  adults. 
t  Plat  X^  p.  206.)  These  changes,  and  the  laxi- 
tade  in  the  superintendence  of  these  public  places, 
aasri.  the  gymnasia  to  difier  yeiy  little  from  the 
&eb»li  of  the  athletae  ;  and  it  is  perhaps  partly 
rricg  to  this  circnmstanoe  that  writers  of  this  and 
fibsqnest  times  use  the  words  gymnasium  and 
ptbeitn  indiscriminately.  (Becker,  C^arikleSj  vol. 
i;L341.) 

Alanied  as  well  as  nnmairied  women  were,  at 
AthnOfand  in  all  the  Ionian  states,  excluded  firom 
the  ^rmoasia ;  but  at  Sparta,  and  in  some  other 
D-xK  ftates,  maidens,  dressed  in  the  short  x^'^^'^t 
^ere  not  only  admitt^  as  spectators,  but  also  took 
Tdit  in  the  exercises  of  the  youths.  Married 
Tcaen,  however,  did  not  frequent  the  gymnasia. 
(Flat  De  I«7.  Tii.  p.  806.) 

ReipeetiDg  the  superintendence  and  administra- 
tion of  the  gymnasia  at  Athens,  we  know  that 
Solon  in  his  Iqpslation  thought  them  worthy  of 
great  atteotion  ;  and  the  transgression  of  some  of 
iiis  lavs  relating  to  the  gymnasia  was  punished 
vith  death.  His  laws  mention  a  magistrate,  called 
ti>eGjnuiasiarch  {yv/urturiapx^^  or  yvfiycurtdffxyis) 
who  vas  entrusted  with  the  whole  management 
of  the  gynmasia,  and  with  every  thing  connected 
tbmwith.  His  office  was  one  of  the  regular  litur- 
p^  like  the  choregia  and  trierachy  (Isaeua,  De 
P'kUatm,  her,  p.  154),  and  was  attended  with 
coDsideiaUe  expense.  He  had  to  maintain  and 
par  the  penona  who  were  preparing  themselves  for 
ibe  gaaws  and  contests  in  the  public  festivals,  to 
fiovide  them  with  oil,  and  perhaps  with  the 
^Testkn'  dust  It  also  devolved  upon  him  to 
adora  the  gynmasinm  or  the  place  where  the  agones 
t'ok  place.  (Xen.  De  Rep.Athm,  1 13.)  The 
^C^oiaaslarch  waa  a  real  magistrate,  and  invested 
^th  a  kind  of  jurisdiction  over  all  those  who  fre- 
quented or  were  connected  with  the  gymnasia ; 
ud  hit  power  seems  even  to  have  extended  beyond 
tiie  gynmasia,  for  Plutareh  {Amator.  c.  9,  &c.) 
slates  that  he  watched  and  controlled  the  conduct 
of  the  ephebi  in  general  He  had  also  the  power 
to  tanove  from  the  gymnasia  teachers,  philosophers, 
M  sophists,  whenever  he  conceived  that  they 

exeitued  an  injurious  influence  upon  the  young. 

(Aeschia.  e.  Umarek.)    Another  part  of  his  duties 

^  to  Gondoct  the  solemn  games  at  certain  great 


GYMNASIUM. 


58! 


festivals,  especially  the  torch-race  (A,a^waSi|^opia), 
for  which  he  selected  the  most  distinguished  among 
the  ephebi  of  the  gymnasia.  The  number  of  gym« 
nasiarchs  was,  according  to  Libanius  on  Demos- 
thenes (<;.  Mid,  p.  510)  ten,  one  from  every  tribe, 
(Compare  Demosth.  o,  Pkilip.  p.  50,  e.  Boeot.  p. 
9^^  ;  Isaeua,  De  MemeeL  c  42.)  They  seem  to 
have  undertedLen  their  official  duties  in  turns,  but 
in  what  manner  is  unknown.  Among  the  external 
distinctions  of  a  gymnasiareh,  were  a  purple  cloak 
and  white  shoes.  (Plut  Antom,  33.)  In  early 
times  the  office  of  g^-mnasiareh  lasted  for  a  year, 
but  under  the  Roman  emperors  we  find  that  some- 
times they  held  it  only  for  a  month,  so  that  there 
were  1 2  or  1 3  gymnasiarehs  in  one  year.  This  office 
seems  to  have  been  considered  so  great  an  honour, 
that  even  Roman  generals  and  emperors  were  am- 
bitious to  hold  it.  Other  Greek  towns,  like  Athens, 
had  their  own  gymnasiarehs,  but  we  do  not  know 
whether,  or  to  what  extent  their  duties  differed 
from  the  Athenian  gymnasiarehs.  In  Cyrene  the 
office  was  sometimes  held  by  women.  (Krause, 
GymnatUk  mad  Agoniatik  d,  Hdlenea^  p.  1 79,  &c.) 

Another  office  which  was  formerly  believed  to 
be  connected  with  the  superintendence  of  the  gym* 
nasia,  is  that  of  Xystarebus  dwrripx'^^)'  Rot  it 
is  not  mentioned  previoilHo  the  time  of  the  Ro- 
man emperors,  and  then  only  in  Italy  and  Crete. 
Kranse  (76.  p.  205,  &c.)  has  shown  that  this  office 
had  nothing  to  do  with  the  gymnasia  properly  so 
called,  but  was  only  connected  with  the  schools  of 
the  athletae. 

An  office  which  is  likewise  not  mentioned  before 
the  time  of  the  Roman  emperors,  but  was  neverthe- 
less decidedly  connected  with  the  gymnasia,  is  that 
of  Cosmetes.  He  had  to  arrange  certain  gamea,  to 
regiater  the  names  and  keep  the  lists  of  the  ephebi, 
and  to  maintain  order  and  discipline  among  them. 
He  was  assisted  by  an  Anticosmetes  and  two  Hy- 
pocosmetae.     (Krause,  lb.  p.  21 1,  &c.) 

An  office  of  very  great  importance,  in  an  educa* 
tional  point  of  view,  was  that  of  the  Sophronistae 
{(Tu^povKmu),  Their  province  was  to  inspire  the 
youths  with  a  love  of  (rv^^oalnrHy  and  to  protect 
this  virtue  against  all  injurious  influences.  In  early 
times  their  number  at  Athens  was  ten,  one  from 
every  tribe,  with  a  sahiry  of  one  drachma  per  day. 
{Etymol.  Mag.  s.  v.)  Their  duty  not  only  re- 
quired them  to  be  present  at  all  the  games  of  the 
ephebi,  but  to  watch  and  correct  their  conduct 
wherever  they  might  meet  them,  both  within  and 
without  the  gymnasium.  At  the  time  of  the  em- 
peror Marcus  Aurelius  only  six  Sophronistae,  as- 
sisted by  as  many  Hyposophronistae,  are  mentioned. 
(Krause,  lb.  p.  214,  &c.) 

The  instructions  in  the  gymnasia  were  given  by 
the  Gymnastae  {yvyavaxrroX)  and  the  Pa^otribaie 
(woiSorpif  ai)  ;  at  a  later  period  Hypopaedotribae 
were  added.  The  Paedotribes  was  required  to 
possess  a  knowledge  of  all  the  various  exereises 
which  were  performed  in  the  gymnasia  ;  the  Gym- 
nastes  was  the  practical  teacher,  and  was  expected 
to  know  the  physiological  effects  and  influences 
on  the  constitution  of  the  youths,  and  therefore 
assigned  to  each  of  them  those  exereises  which  he 
thought  most  suitable.  (Galen.  De  Volet,  tuend.  ii. 
9.  11  ;  Aristot  PoUi.  viiL  3.  2.)  These  teachora 
were  usually  athletae,  who  had  left  their  profes- 
sion, or  could  not  succeed  in  it.  (Aelian,  V,  H,  il 
6  ;  Galen,  L  c.  iL  3,  &c.^ 

The  anointing  of  the  bodies  of  the  youths,  and 
p  p  3 


582 


GYMNASIUM. 


strewing  them  with  dust,  before  they  commenced 
their  exercises,  as  well  as  the  regulation  of  their 
diet,  was  the  duty  of  the  aliptae.  [Aliptab.] 
These  men  sometimes  also  acted  as  surgeons  or 
teachers.  (Plut  Dion,  c.  1.)  Galen  (2.  c.  iL  11) 
mentions  among  the  gymnastic  teachers,  a  o-^cu- 
pumK6s,  or  teacher  of  the  various  games  at  l^dl ; 
and  it  is  not  improbable  that  in  some  cases  parti- 
cular games  may  have  been  taught  by  separate 
persons. 

The  games  and  exercises  which  were  performed 
in  the  gymnasia  seem,  on  the  whole,  to  hare  been 
the  flame  throughout  Greece.  Among  the  Dorians, 
however,  they  were  regarded  chiefly  as  institutions 
for  hardening  the  body  and  for  military  training  ; 
among  the  lonians,  and  especially  the  Athenians, 
they  had  an  additional  and  higher  object,  namely, 
to  give  to  the  body  and  its  movements  grace  and 
beauty,  and  to  make  it  the  basis  of  a  healthy  and 
■oand  mind.  But  among  all  the  different  tribes  of 
the  Greeks  the  exercises  which  were  carried  on  in 
a  Greek  gymnasium  were  either  mere  games,  or 
the  more  important  exercises  which  the  gymnasia 
had  in  common  with  the  public  agones  in  the  great 
festivals. 

Among  the  former  we  may  mention,  1.  The  ball 
(ff<f>alpi<ris^  (TtpupofMx^a^iLc,),  which  was  in  uni- 
versal favour  with  the  Greeks,  and  was  here,  as  at 
Rome,  played  in  a  variety  of  ways,  as  appears  from 
the  wonls  dv^^^o^tf,  iwUrxvpos,  ^WySa  or  hfnreur- 
t6v^  &c.  (Plat  De  Legg,  viL  p.  797  ;  compare 
Gronov.  ad  Plaut,  CurcuL  ii.  3.  17,  and  Becker, 
GaUus^  i.  p.  270.)  Every  gymnasium  contained 
one  la^  room  for  the  purpose  of  playing  at  ball  in 
it  (<r<paipurHipioy),  2.  naivety  iXjcvaripZa^  8teX- 
KvffriyHa^  or  8td  ypofifiris^  was  a  game  in  which  one 
boy,  holding  one  end  of  a  rope,  tried  to  pull  the 
boy  who  held  its  other  end,  across  a  line  marked 
between  them  on  the  ground.  3.  The  top  {fi4fi€'n^, 
$4fi6il,  ^6ii6os,  <rTp66tXos)t  which  was  as  common 
an  amusement  with  Greek  boys  as  in  our  own 
days.  4.  The  irtyrdKiBos,  which  was  a  game  with  five 
stones,  which  were  thrown  up  from  the  upper  part 
of  the  hand  and  caught  in  the  palm.  5.  SfccnrepSo, 
which  was  a  game  in  which  a  rope  was  drawn 
through  the  upper  part  of  a  tree  or  a  post  Two 
boys,  one  on  each  side  of  the  post,  turning  their 
backs  towards  one  another,  took  hold  of  the  ends 
of  the  rope  and  tried  to  pull  each  other  up.  This 
sport  was  also  one  of  the  amusements  at  the  Attic 
Dionysia.  (Hosych.  t.  v.)  These  few  games  will 
suffice  to  show  the  character  of  the  gymnastic 
sports. 

The  more  important  games,  such  as  running 
(9p6iJLOs),,  throwing  of  the  9t<rK05  and  the  tucwv, 
jumping  and  leaping  (AA/ao,  with  and  without 
iiKTripfs),  wrestling  (x<£Ai|),  boxing  (wvy/x^),  the 
pancratium  (wayKpdrtoy\  Wvto<>Aoj,  \a/*ira8i?^ 
pla,  dancing  (fipxi^f^i),  &c,  are  described  in  sepa- 
rate articles. 

A  gymnasium  was,  as  Vitruvius  observes,  not  a 
Roman  institution,  and  Dionysius  of  Halicamassus 
(Ani.  Rom.  viL  70 — 72),  expressly  states  that  the 
whole  hrfwviffriKi\  of  the  Romans,  though  it  was 
practised  at  an  early  period  in  the  Ludi  Maximi, 
was  introduced  among  the  Romans  from  Greece. 
Their  attention,  however,  to  developing  and 
strengthening  the  body  by  exercises  was  consider- 
able, though  only  for  military  purposes.  The  re- 
gular training  of  boys  in  the  Greek  gymnastics  was 
foreign  to  Roman  manners,  and  even  held  in  con- 


GYMNASIUM. 

tempt  (Plut  QuaesL  Rom,  40.)  Tovvards  tlie  end 
of  the  republic  many  wealthy  Romans,  who  had 
acquired  a  taste  for  Greek  mannen,  used  to  attach 
to  their  villas  small  places  for  bodily  exercise, 
sometimes  called  gymnasia,  sometimes  palae^txar, 
and  to  adorn  them  with  beautiful  -vroila  of  an. 
(Cic  ad  AtL  I  4,  c  Verr.  iii  5.)  The  empenr 
Nero  was  the  first  who  built  a  public  gymnasiam 
at  Rome  (Sueton.  Ner.  12)  ;  another  was  erected  fav 
Commodus.  (Herod.  L12.4.)  But  although  thoe 
institutions  were  intended  to  intiodnoe  Giwk 
gymnastics  among  the  Romans,  yet  they  cever 
gained  any  great  importance,  as  the  magnlfioFst 
thermae,  amphitheatres,  and  other  vtAo&aal  boild- 
ings  had  always  greater  charms  for  the  Romans 
than  the  gymnasia. 

For  a  fuller  account  of  this  important  sobject, 
which  has  been  necessarily  treated  with  fatvvity  ia 
this  article,  the  reader  is  referred  to  Hiennyara 
Mercurialis,  De  Arte  Gymnattiea^  Libri  n.  1st  ed. 
Venice,  1573,  4th  ibid.  1601  ;  Burette,  ffitiain 
des  Atklkes^  in  the  M^m.  de  TAcad.  des  lasmpt. 
L  3  ;  G.  Lobker,  Die  Gynmaatik  der  HeUmeu,  Mini- 
ster, 1835  ;  Wachsmuth,  Hdlm,  AUerA,  toL  ii 
p.  344,  &C.  2d.  edit ;  Muller,  Dor.  iv.  5.  i  4,  &c ; 
Becker,  Gallua,  vol.  L  p.  270,  &c. ;  CkariUoj  voL  r. 
pp.  309 — 345  ;  and  especially  J.  H.  Kranse,  Die 
Gymnastik  vnd  Agonutik  der  Helieitemj  Leipzis. 
1841  ;  Olympia,  Wien,  1838  ;  Die  Pj^kiem^  Xt- 
meen  &c.,  Leipzig,  1841.  The  histories  of  edu- 
cation among  the  ancients,  such  as  those  of  Hocb- 
heimer,  Schwarz,  Cramer,  and  others,  likewise  con- 
tain much  useful  information  on  the  subject  [L.  &] 

7%s  Relation  of  Gymnastics  to  the  Medical  Art.  — 
The  games  of  the  Greeks  had  an  immediate  Influ- 
ence upon  the  art  of  healing^  because  they  consi- 
dered gymnastics  to  be  almost  as  necessaiy  for  the. 
preservation  of  health,  as  medicine  is  for  the  core 
of  diseases.  (Hippocrates,  De  Lode  m  Hamime^  roL 
il  p.  1 38,  ed.  Kuhn  ;  Timaeus  Locrensia^  De  Amma 
Mundi^  p.  564,  m  Gale's  Opuse.  MytkoL)    It  was 
for  this  reason  that  the  g3rmnasia  were  dedicated 
to  Apollo,  the  god  of  physicians.    (Plut  Symp.  riiL 
4.  §  4.)     The  directors  of  these  establishments,  as 
well  as  the  persons  employed  under  their  orders, 
the  bathers  or  aliptae,  passed  for  physiciaos,  and 
were  called  so,  on  account  of  the  skill  which  long 
experience  hod  given  them.     The  directois,  called 
TaXfxun-po^iKaK^Sy    regulated    the    diet   of  the 
young  men    brought   up  in  the  gymnasb;   the 
sub-directors  or  Gymnauiae^  prescribed  for  their 
diseases  (Plat  de  Leg.  xi.  p.  916)  ;  and  the  inferivt 
or  bathers,  aliptae,   iatraliptae,  practised  blood- 
letting, administered  dysters,  and  dressed  wounds, 
ulcers,  and  frnctures.     (Plat  De  Leg.  xv.  pi  720 ; 
Celsus,  de  Medic  I    1  ;    Plin.  H.  N.  xxiz.  2.) 
Two  of  these  directors,  Iccus,  of  Tarentma,  sod 
Herodicus,  of  Selymbria,  a  town  of  Thrace,  de- 
serve particular  notice  for  having  contributed  to 
unite  more  closely  medicine  and  gymnastic9b  locos, 
who  appears  to  have  lived  before  Herodicus  {(Hymp. 
Ixxvil  Stephan.  Byzant  s.  v.  Tapdsy  p.  693  ;  coni- 
pare  Pans.  vL  10.  §  2),  gave  his  chief  attention 
to  correcting  the  diet  of  the  wrestlers,  and  to  sc- 
customing  them  to  greater  moderation  and  abstemi- 
ousness, of  which  virtues  he  was  himself  a  perfect 
model.     (Plat  de  Leg.  viii.  p.  840  ;  Aelian,  For. 
Hist.  xi.  3  ;  Id.  Hist.  Animal  vi.  1.)     Plato  ooo- 
siders  him,  as  well  as  Herodicus,  to  have  been  one 
of  the   inventors  of  medical  gymnastics.    (Pbt 
Protagor.  §  20.  p.  316 ;  Lucian,  De  Qmsorik  Hid. 


GYMNASIUM. 

§  35.  pi  636.)    Hcrodkoa^  who  iiaometiniefl  called 
Phidiaif  (Plin.  H.  N,  xxix.  2),  lived  at  Athens 
aiJuHt  tme  before  the  Pel<yinneewn  war.     Plato 
ar%  that  he  was    not   ociy    a   aophiat    (Plat 
hvtag.  Lc\\faX  also  »  master  of  the  gymoasimn 
(Id.  Rep.  iiL  fw  406 )»  and  physician   (Id.  Chrg. 
Sip.  448),  said  in  Awrt  he  united  in  his  own 
pezMO  these  tiuee  qnalities.     He  was  troubled, 
uj%  the  same  antkor,  with  veiy  weak  health, 
aad  tiied  if  gymnaatic  ezeidses  would  not  help 
to  improve  it;  and  haring  perfectly  succeeded, 
be  imparted  his  method  to  others^    Before  him 
Eedksi  dieteticB  had  been  entirely  neglected,  espe- 
ciaSj  by  the  Asdepindae.    (Id.  Rep*  iiL  p.  406.) 
If  Phto'li  account  may  be  taken  literally  (Id. 
Phaidr,  pi  228),  he  much  abused  the  exercise  of 
j^rmBastic8»  as  he  reoommended  his  patients  to 
lolk  from  Athena  to   Megan  and  to  return  as 
0000  as  they  had  readied  the  walls  of  the  latter 
kivn.*    The  author  of  the  sixth  book  Ih  Morb, 
Tt^.   (Hippocr.   Epidaiu   tI    c  8.    toL  iii 
Ik  5d9)  i^cees  with  PhUo :     **  Herodicus,**  says 
k,  '^  caraed  people,   attacked  with  fe^er,  to  die 
from  walkixtt  and  too  hard  excfcise,  and  many 
of  hit  patents  suffered  much  from  diy  robbing.** 
A  short  time  after  we  find,  says  Fuller  (Medi- 
aaa  GprnuuHea^  Slc  Lond.  1718,  8to),  thai  Hip- 
pooates  {De  VieL  RaL  ui.  Tol.  i  p.  716),  with 
aoae  sort  of  glory,   assumes  to  himself  the  ho- 
soar  of  bringii^  that  method  to  a  perfection,  so 
ts  10  be  able  to  <it»*ing«i«h   trir^pov  Th  vvriov 
Kfiniti  Tovf  iriyons^fi    ol  w6woi   t&  avria,  Ij 
(urpiaes  f^^i  wphs  iUx^fXa,  as  he  expresses  it. 
Punnsnt  to  this,  we  find  him  in  seTeral  places  of 
lus  inoiks  reeomniending  several  sorts  of  exercises 
cpcQ  proper  occauons  ;  as  first,  friction  or  chafing, 
ibee&cts  of  which  he  explains  {De  VieL  RaL  ii. 
pL  701),  and  tells  us,  that  in  some  cases  it  will 
l«nug  down  the  bloatedness  of  the  solid  parts,  in 
ctbm  it  win  incam  and  cause  an  increase  of 
flesli,  sod  make  the  part  thrive.      He  advises 
{jHfid,  p.  700)   walking,  of  which  they  had  two 
Mtti,  their  round  and  straight  courses.    He  gives 
Us  opiiaon  {jSbid.  p.  701)  of  the  'Araicii^fiara,  or 
prepuitoiy  exerdses,  which  served  to  warm  and 
fit  the  wrestlers  for  the  more  vehement  ones.     In 
iott  cases  he  advises  the  IIa\^,  or  common  wrest- 
ling (iUi),  and  the  *Aiicywxc<^  or  wrestling  by  the 
lo^  <nly,  without  coming  dose,  and  also  the 
Kfltpncofiaxla,  or  the  exercise  of  the  Corycus,  or 
the  haogittg  ball  (see  Antyllus,  aovd  Mercur.  d« 
ArU  Gpim.  p^  123)  ;  the  X^ipoyofdoy  a  sort  of  dex- 
tenos  and  regular  motion  of  the  hands,  and  upper 
putt  of  the  body,  something  after  a  military  man- 
Btf ;  the  'AA/yii|0'if ,  or  rolling  in  sand  ;  and  once 
(Sii  p.  700)  we  find  mentioned,  with  some  ap- 
pnbs^  the  'Hvcipot  'Inroi,  Eqm  Ind^fimliy  by 
which  is  probably  meant  gallofttng  long  courses  in 
the  open  field. 

Am  Uk  (Hden,  he  follows  Hippocrates  in  this,  as 
diady  as  in  other  thingS|  and  declares  his  opinion 
tf  the  benefit  of  exercises  in  several  places  ;  his 
Mad  book  "  De  Sanitate  Tuenda,*"  is  wholly 
upon  the  use  of  ^  atrigHy  or  the  advantage  of 


GYMNASIUM. 


688 


***  The  distance  from  Athens  to  Megaia  was  2 1 0 
itadis,  as  we  leam  finmi  Prooopius.  {BelL  VamtL 
i.  1.)  Dion  Chiysottom  calls  it  a  day*s  journey. 
{Olio,  tl)  Modem  travellers  reckon  eight  hours. 
(DodweU,  Oast.  Tour^  toL  il  p.  177.)**  (Tnmer, 
^K.  Greeee^  vol  iL  sect  13»  p.  430. 


regular  chafing:  he  has  written  a  little  tract, 
ncpl  rod  iuL  fHiKpiu  X^alpat  rv/iymriov,  where- 
in he  recommends  an  exercise,  by  which  the 
body  and  mind  are  both  at  the  same  time 
affected.  In  his  diseoune  to  Thrasybulus,  IldU 
TcpoK  'lorpiriis  1^  rvfunoruc^s  ftrri  rh  'TyMir^y, 
he  inveighs  against  the  athletic  and  other  violent 
practices  of  the  ^fmaasnan,  but  approves  of  the 
more  moderate  exercises,  as  subservient  to  the 
ends  of  a  physician,  and  consequently  part  of  that 
art.  The  other  (3reek  writers  express  a  similar 
opinion  ;  and  the  sense  of  most  of  them  in  this 
matter  is  collected  in  Oribasius'k  *^CoUecta  Medi- 
dnalia.^  In  those  remains  which  are  preserved 
of  the  writings  of  Antyllus,  we  read  of  some  sorts 
of  exercises  that  are  not  mentioned  by  Oalen  or 
any  former  author  ;  among  the  rest  the  CneUa$ia 
as  the  translators  by  miatake  call  it,  instead  of 
Criooelatia.  Thia,  as  it  had  for  many  ages  been 
disused,  Meicuriahs  himself  who  had  zmuie  the 
most  judicious  inquiries  into  this  subject  (De  ArU 
Gymt^atticoj  4to.  Amstel  1672),  does  not  pretend 
to  explain  ;  and  I  believe,  says  Freind  (Hist,  of 
Ph^ne^  voL  L),  though  we  have  the  description  of 
it  set  down  in  Oribasins  {ColL  Medic  ri.  26\  it 
will  be  hard  to  form  any  idea  of  what  it  was. 

The  ancient  physicians  relied  much  on  exercise 
in  the  cure  of  the  dropsy  (compare  Hor.  EpiaL  L 
2.  34.  **  Si  ndes  sanus,  curies  hydropicus  ^), 
whereas  we  almost  totally  neglect  it  (Alexander 
Trallianus,  De  Medic,  ix.  3.  p.  524,  ed.  Basil) 
Hippocrates  (JDe  Interme  A^Miam,  sect  28.  vol 
il  p.  518)  prescribes  for  one  that  has  a  dropsy 
ra^amtipioi,  or  faHgufng-eaBtrcieeiy  and  he  roakea 
use  of  the  same  word  in  his  Epidemics,  and  almost 
always  when  he  speaks  of  the  regimen  of  a  dropsi- 
cal person,  implying,  that  though  it  be  a  labour 
for  such  people  to  move,  yet  they  must  undergo 
it ;  and  tnis  is  so  much  the  sense  of  Hippocrates, 
that  Spon  has  collected  it  into  one  of  the  new  Apho- 
risms,  which  he  has  drawn  out  of  his  works.  C^lsns 
says  of  this  case  {De  Medio,  iil  21.  p.  152,  ed.  Ar- 
gent), *^  Concutiendum  multa  gestatione  corpus  est** 
The  Romans  placed  great  reliance  upon  exercise 
for  the  cure  of  diseases  ;  and  Asdepiades,  who 
lived  in  the  time  of  Pompey  the  Great,  brought 
this  mode  of  treatment  into  great  request  He 
called  exercises  Uie  eomnum  mde  of  physie,  and 
wrote  a  treatise  on  the  subject,  which  is  mentioned 
by  C^sns  in  his  chapter  '^De  Frictione**  {De 
Medie.  ii  14.  p.  82),  hut  the  book  is  lost  He  carried 
these  notions  so  far,  that  he  invented  the  LecH 
PeeeHee  (Plin.  H.  N.  xxvi  8)  or  hanging  beds, 
that  the  sick  might  be  rocked  to  sleep  ;  which  took 
so  much  at  that  time,  that  they  came  afterwards  to  be 
made  of  silver,  and  were  a  great  part  of  the  luxury 
of  that  people  ;  he  had  so  many  particular  ways  to 
make  physic  agreeable,  and  was  so  exquisite  in  the 
invention  of  exercises  to  supply  the  place  of  medi- 
cine, that  perhaps  no  man  in  any  age  ever  had  the 
happiness  to  obtain  so  general  an  imphrase ;  and 
Pliny  says  {ibid,  c.  7  )  by  these  means  he  made  him- 
self &e  delight  of  mankind.  About  this  time  the  Ro- 
man physicians  sent  their  consmnptiTe  patients  to 
Alexandria,  and  with  Tery  good  success,  as  we  find 
by  both  the  Plinys  ;  this  was  done  partly  for  the 
change  of  air,  but  cluefiy  for  the  sake  of  the  exer- 
cise by  the  motion  of  the  ship ;  and  therefore  Celsus 
says  {De  Medic  iil  22.  p.  156),  **  Si  vera  Phthisis 
est,  opus  est  longa  navigations  ;**  and  a  little  after 
he  makes  Vekieehm  and  JVovts  to  he  two  of  the 
p  p  4 


584 


GYMNOPAEDIA- 


chief  remedies.  Ab  for  the  other  more  common 
exerciaes,  they  were  daily  practised,  aa  is  manifest 
from  Celsas,  Caelios  Aurelianus,  Theodoras  Prisci- 
anas,  and  the  rest  of  the  Latin  physicians.  And  we 
do  not  want  mstances  of  cores  wrought  by  these 
means.  Snetonins  (CaUg.  c  3)  tells  us  that  Oer- 
manicas  was  cored  of  a  **  crurum  gradlitas,^  as  he 
expresses  it  (by  which  he  probably  means  an  Atro- 
phy), by  riding  ;  and  Plotarch,  in  his  life  of  Cicero, 
gives  us  an  account  of  his  weakness,  and  that  he  re- 
covered his  health  by  travelling,  and  excessive  dili- 
gence in  rubbing  and  chafing  his  body.  (Compare 
Cic  Brut.  c.  91.)  Pliny  (H.  N,  xxxi  83)  tells 
us  Annaeus  Gallio,  who  had  been  consul,  was  cured 
of  a  consumption  by  a  sea  voyage  ;  and  Qslen  gives 
us  such  accounts  of  the  good  effects  of  particular 
exercises,  and  they  were  practised  so  universally 
by  all  chisses,  that  it  cannot  be  supposed  but  they 
must  have  been  able  to  produce  great  and  good 
effects.  However,  from  an  attentive  perosal  of 
what  we  find  on  this  subject  in  the  classical  au- 
thors, the  reader  can  hardly  fisiil  of  being  convinced 
that  the  ancients  esteemed  gymnastics  too  highly, 
just  as  the  modems  too  much  neglect  them  ;  and 
that  in  this,  as  in  many  other  matters,  both  in 
medicine  and  philosophy,  truth  lies  between  the 
two  extremes.  [W.  A.  G.] 

GYMNASTES.  [Gymnasium,  p.  581, b.] 
GYMNE'SII  or  GYMNE'TES  (yu/u^o-ioi, or 
yvfunrr€s\  wero  a  class  of  bond-slaves  at  Argos, 
who  may  be  compared  with  the  Helots  at  Sparta. 
(Steph.  Byz.  s.  v.  Xlos :  Pollux,  iiu  Bi.)  Their 
name  shows  that  they  attended  their  masters  on 
military  service  in  the  capacity  of  light-armed 
troops.  Miiller  {Dor.  iii.  4.  §  2)  remarks  that  it 
is  to  these  gymnesii  that  the  account  of  Herodotus 
(vi.  83)  refers,  that  6000  of  the  citizens  of  Argos 
having  been  slain  in  battle  by  Cleomenes,  king  of 
Sparta  (Id.  viL  1 48),  the  slaves  got  the  govern- 
ment into  their  own  hands,  and  retained  possession 
of  it  until  the  sons  of  those  who  had  udlen  had 
grown  to  manhood.  Afterwards,  when  the  young 
citizens  had  grown  up,  the  slaves  were  compelled 
by  them  to  retire  to  Tiryns,  and  then  after  a  long 
war,  as  it  appears,  were  either  driven  from  the 
territory,  or  again  subdued. 

GYMNOPAEDIA  (yv/tyoircuMa),  the  festi- 
val of  ^  naked  youths,**  was  celebrated  at  Sparta 
every  year  in  honour  of  Apollo  Pytheens,  Artemis, 
and  Leto.  The  statues  of  these  deities  stood  in  a 
part  of  the  Agora  called  X^P^^j  and  it  was  around 
these  statues  that,  at  the  gymnopaedia,  Spartan 
youths  performed  their  choruses  and  dances  in 
honour  of  Apollo.  (Pans.  iii.  11.  §  7.)  The  festival 
lasted  for  several,  perhaps  for  ten,  days,  and  on 
the  last  day  men  also  performed  choruses  and 
dances  in  the  theatre  ;  and  during  these  gymnastic 
exhibitions  they  sang  the  songs  of  Thaletas  and 
Alcman,  and  the  paeans  of  Dionysodotus.  The 
leader  of  the  chorus  ("rpoffrdrris  or  x^P^^<f^^^) 
wore  a  kindof  chaplet,  called  (rr4<pa»oi  dvpeanKol, 
in  commemoration  of  the  victory  of  the  Spartans 
at  Thyrea.  This  event  seems  to  have  been  closely 
connected  with  the  gymnopaedia,  for  those  Spartans 
who  had  fallen  on  that  occasion  were  always 
praised  in  songs  at  this  festival.  (Athen.  xv. 
p.  678  ;  Plut  Affenl.  29  ;  Xen.  HeUen.  vL  4.  §  1 6  ; 
Hesych.  Suid.  Etym.  Mag.  and  Timaeus,  Glossar. 
a.  V,  TvfufOKotZla.)  The  boys  in  their  dances  per- 
formed such  rhythmical  movements  as  resembled 
the  exercises  of  the  palaestra  and  the  pancration, 


GYNAECONOML 

and  also  imitated  the  wildgesmres  of  tbe  vronhip  oi 
Dionysus.  (Athen. xiv.  p. 631.)  Miiller  {HiMLofar, 
Lit.  vol.  i.  p.  161)  supposes,  with  great  prDbabQity. 
that  the  dances  of  the  gymnopaedia  portlj  taanit- 
ed  of  mimic  representations,  as  the  eatablishmrn; 
of  the  dances  and  musical  entertainments  ax  th^ 
festival  vras  ascribed  to  the  musicians,  at  the  h  ad 
of  whom  was  Thaletas.  (Pint  de  Mus.  c  9.)  Tin 
whole  season  of  the  gymnopaedia,  during  which 
Sparta  was  visited  by  great  nombors  of  stzantrm, 
was  one  of  great  merriment  and  rejoicings  (Xm. 
Memor.  i.  2.  §  61  ;  Plut  AgeaiL  29  ;  PoUnx,  ir. 
14.  104),  and  old  bachelors  alone  »eem  to  haTe 
been  exduded  from  the  festivities.  (Osann,  eV 
OodUnim  apud  Vetera  Populoa  Qmditiame  Tos- 
maUai.  p.  7,  &c)  The  introdoctian  of  the  gjraDo- 
paedia,  which  subsequently  became  of  aoch  import- 
ance as  an  institution  for  g3nnnastic  and  orebWt'c 
performances,  and  for  the  cultivation  of  the  poerls 
and  musical  arts  at  Sparta,  is  generaUj  assigned  u 
the  year  665  &  c.  ((Compare  Meordua,  Orrketfra, 
p.  12,  &c  ;  Oeuzer,  CommeiUaL  ffarod.  I  p.  230 ; 
MUller,  Dor.  vol  il  p.  350,  &c)  [L.  S.  J 

GYNAECONITIS.      £DoifUS.    pp.   423— 
425.] 

GYNAECO'NOMI  or    GYNAECOCOSMI 
(yvyeuKoy6fioi  or  yvpeuKOK6a/JMt\  were  nu^istrates 
at  Athens,  who  supenntended  tbe  eondnct  of  Athe- 
nian women.  (Pollux,  viiL  1 1 2.)     WeknowlittJe 
of  the  duties  of  these  officers,  and  ev«n  tbe  tiiiic 
when  they  were  instituted  is  not  qnite  certaia. 
B3ckh  (de  PkdodL    p.  24)  has  endeavomvd  to 
show  that  they  did  not  exist  until  the  time  of  De^ 
metrius  Phalerens,  whereas,  according  to  othera, 
they  were  instituted  by  Solon,  whose  reguIatioDs 
concerning  the  female  sex  certainly  rotdexvd  same 
special  officers  necessary  for  their  maintenaace. 
(Plut  ^^  21  ;  comp.  Thirl  wall,  Hiat.  of  Greecx, 
vol.  it  p.  51.)     Their  name  is  also  mentiooed  bv 
Aristotle  {PoL  iv.  12.  p.  144,  and  tL  5.  p.  -2X1. 
ed.  Gdttling)   as   something  which  he  supposes 
to  be  well  known  to  his  r«idera.     These  dmzm- 
stances  induce  us  to  think  that  the  ynmucamiftot^ 
as  the  superintendents  of  the  conduct  of  women, 
existed  ever  since  the  time  of  Solon,  but  that  their 
power  was  afterwards  extended  in  such  a  maDner 
that  they  became  a  kind  of  police  for  the  pnipoM 
of  preventing  any  excesses  or  indecencies,  wheibcir 
committed  by  men  or  by  women.  (See  the  Fr^na. 
of  Timocles  and  Menander,  <^.  Atke».  vi  p.  245, 
where  a  Koui^hs  y6ftos  is  mentioned  as  the  fioaree 
from  which  they  derived  their  increased  pover ; 
compare  Plut.  SoL  21.  in  Jin.)     In  their  fint  and 
original  capacity,  therefore,  they  had  to  see  that 
the  r^ulations  concerning  the  ccmduct  of  Athe- 
nian women  were  observed,  and  to  ponish  any 
transgressions  of  them  (Harpocrat  a.  v.  Ori  x*^*  ' 
Hesych.  a.  v.  nxdrea^os)  ;   in  the  Utter  caparitj 
they  seem  to  have  acted  as  ministers  of  the  areo- 
pagos,  and  as  such  had  to  take  care  that  decency 
and  moderation  were  observed  in  private  as  well 
as  in  public     Hence  they  superintended  even  the 
meetings  of  friends  in  their  jxivate  houses, «.  f.  at 
weddings,  and  on  other  festive  occasions.  (Philoeh. 
ap.  Athen,  vi  p.  245.)    Meetings  of  this  kjnd  iroe 
not  allowed  to  consist  of  more  than  thirty  persooa, 
and  the  ywaucop6fjuH  had  the  right  to  enter  snj 
house  and  send  away  all  the  guests  above  that 
number  ;  and  that  they  might  be  able,  prenous  to 
entering  a  house,  to  form  an  estimate  of  the  nom- 
ber  of  persons  assembled  in  it,  the  cooks  who  weis 


HALTERES. 

cifOged  lor  the  oeeanoi  hsd  to  giva  in  tlicir  names 
t3  t^  ymmMwi^ou  (Athen.  L  e.)  Thej  had 
Siji  to  nmiflh  thMe  men  who  showed  their  effe- 
sbnte  Aaiacter  hj  fiantic  or  imiDodeiate  wailing 
at  t^ir  own  or  other  penouB*  miflfiBrtunea  (Plat. 
I  c)  The  onmber  of  these  offieen  is  vaknown. 
Kei«r  {AtL  Prws.  y.  97)  thinks  that  they  were 
appointed  \tj  lot;  bnt  Hermann  {PcliL  Ant. 
1 150.  n.  B\  rpfening  to  Menander  {BM.  de 
Eaeom.  p.  105,  ed.  Hecren.),  leckons  them  amoQg 
tbfe  oScen  who  were  elected.  [L.  S.] 


H. 


HABE'NAE  (^kw)  were,  generally  speaking, 
kathera  thonga,  bj  means  of  which  things  were 
b^  sad  managed.  Hence  the  word  was  in  par- 
acokr  applied — 1.  To  the  reins  by  means  of  which 
bones  vcie  guided  and  managed.  (Viig.  Aen,  z. 
5T6,  zL  570,  765,  xiL  327.)  The  habenae  woe, 
as  with  us,  fixed  to  the  bit  or  bridle  {fromtun). 
2.  To  the  thoi^  attached  to  a  lance,  by  which  it 
vaa  heU  and  wielded.  (Lncan.  vi  221.)  [Com- 
pue  Hasta,  pb  o58i,  a.  j  3.  To  the  thong  which  was 
ftraud  into  a  sling;  by  means  of  which  stones  were 
thrown.  (Lacan.iiL  710  ;  Yaler.  Flacc;  t.  609.) 
^FuNAA.]  4.  To  thongs  by  means  of  which  the 
nadals  were  fastened  to  the  feet  (Oellina,  xiii 
21. 4.)  Fnm  this  passage  it  is  also  clear  that  the 
habenae  in  this  case  w»e  not  always  made  of 
leather,  bat  of  strings  or  chords,  whenoe  GeUius 
nib  them  ferefea  habatae,  5.  To  the  thongs  formed 
iato  a  seooge  with  which  yonng  slaves  were  chas- 
tised. (Hoiat.  EpifL  iL  2.  15.)  The  commenta- 
te on  this  passage,  indeed,  differ  about  the  meaning 
of  labeoae  ;  bnt  if  we  consider  the  expressions  of 
Ulpisn  (Dig.  29.  tit  5.  s.  33),  impidtem  mvi 
iernri  Imimm  mJmA^  et  iabena  iMifirula  eaedi,  it  is 
clear  that  the  habena  is  the  scourge  itsell  (Comp. 
Ot.  Htnid.  ix.  81  ;  Virg.  Aen,  ril  380.)  [L.  &] 

HABITATIO.     [SWIT1TUTE8.J 

HAERES.     [Hmu.j 

HAUA  (&Aia).     [AooRA.] 

HALMA  (iMi).    [Pentathlon.] 

HALCA  (oAm).     [Aloa.] 

HALTE'RES  (oAr^pcs)  were  certain  masses 
ef  fttoae  or  metal,  which  were  used  in  the  gymnastic 


HARMAMAXA. 


&83 


neitiiei  of  the  Oieeks  and  Romans.  Persons 
who  pRcttsed  leaping  often  performed  their  exer- 
ci«f  with  halterea  in  both  hands ;  but  they  were 
abo  fipeqnently  need  merdy  to  exerciae  the  body 


in  somewhat  the  same  manner  as  our  dumb-bells. 
(Martial,  xiv.  49,  vii.  67.  6  ;  Pollux,  iiu  155,  x. 
64  ;  ffratei  mossoe.  Jut.  vii  421 ;  Senw.  Ep,  15, 
56.)  Pansanias  (v.  26.  §  3,  v.  27.  §  8,  vL  3.  §  4) 
speaka  of  certain  statues  of  athletes  who  were  re- 
presented with  halteres.  They  appear  to  have 
been  made  of  various  fonns  and  sises.  The  pre- 
ceding  woodcut  is  taken  from  Tassie,  Catalogme^ 
Slc  pL  46,  No.  7978.  (Mercurialis,  Be  Arl9 
Gymnadicoy  ii  12 ;  Becker,  Galiu$^  vol.  L  p.  277 ; 
Kraose,  Die  Gymntutik  tmd  Agomgtik  der  Hellaien^ 
vol  L  p.  395.) 
HAMAXA  (V«|a).  [Harmamaxa  ;  Plaus. 

TRUM.] 

HAMAXOTODES  {kfiai9w6i€s)^  in  Latin, 
ARBUSCULAE,  appear  to  have  been  cylindrical 
pieces  of  wood,  phtced  vertically,  and  with  a  socket 
cut  in  the  lower  end,  to  receive  the  upright  pivot 
fixed  above  a  wheel  or  above  the  middle  of  the 
axis  of  a  pair  of  wheels,  which  could  thus  turn 
horiacmtally  in  every  direction.  One  use  of  this 
sort  of  sodcet  was  to  unite  the  axis  of  the  fore- 
wheela  of  a  chariot  to  the  body  (Pollux,  i  144, 
253  ;  Hesych.  s.  v.  ofui((wo3cf) ;  another  use  of  it 
was  to  attach  the  wheels  of  a  testudo  to  the  framing 
in  such  a  manner,  that  the  machine  might  easily 
be  moved  in  any  direction :  in  &ct,  the  arbutcuia 
and  the  wheel  together  formed  a  castor  or  universal 
joint  (Vitruv.  x.  20.  s.  14.  §  1,  ed.  Schneid.) 
Newton  (ad  loe.)  supposes  that,  for  the  latter  pur- 
pose, m  single  piece  <^  timber  would  be  both  clumsy 
and  insufficient,  and  that  the  arhucula  must  have 
been  a  sort  of  framing.  (See  his  figure.  No. 
114.)  [P.S.] 

HARMA  (iipfui),   rCuRRUS  ;  Harmamaxa.] 

HARMAMAXA  (of^iofux^a)  is  evidently  com- 
pounded of  Apfut^  a  generid  term,  including  not 
only  the  Latin  CuRRua,  but  other  descriptions  of 
carriages  for  persons  ;  and  4fia{a,  which  meant  a 
cart,  having  commonly  fi>ur  wheels,  and  used  to 
carry  loads  or  burthens  as  well  as  persons.  (Hes. 
Op,  et  Diet^  692  ;  Horn.  IL  viL  426,  xxir.  782.) 
The  harmamaxa  was  a  carriage  for  persons,  in  its 
construction  veiy  similar  to  the  Carpsntum,  being 
corered  overhead  and  inclosed  with  curtains  (Died, 
xi.  56 ;  Charito,  y.  2,  3),  so  as  to  be  used  at  night 
as  well  as  by  day  (Xen.  Chfrop.  iv.  2.  §  15)  ;  but 
it  was  in  general  larger,  oAen  drawn  by  four  horses, 
or  other  suitable  quadrupeds,  and  attired  with 
ornaments  more  splendid,  luxtuious,  and  expen- 
sive, and  in  the  (Mental  style.  (Diod.  xvii.  35  ; 
Aristoph.  Ackar.  70.)  It  occupied  among  the 
Persians  (Max.  Tyr.  34)  the  same  place  which  the 
carpentum  did  among  the  Romans,  being  used, 
especially  upon  state  occasions,  for  the  conveyance 
of  women  and  children,  of  eunuchs,  and  of  the  sons 
of  the  king  with  their  tutors.  (Herod,  vii.  83,  ix. 
76 ;  Xen.  Cyrop.  iii.  1.  §  8,  iv.  3.  §  1,  vi.  4.  §  1 1 ; 
Q.  Curt  iii.  3.  §  23.)  Also,  as  persons  mi^ht  lie 
in  it  at  length,  and  it  was  made  as  commodious  as 
possible,  it  vtras  used  by  the  kings  of  Persia,  and 
by  men  of  high  rank  in  travelling  by  night,  or  in 
any  other  circumstances  when  they  wished  to  con- 
sult their  ease  and  their  pleasure.  (Herod,  vii.  41 
Xen.  Cyrop.  iii.  1.  §  40.) 

The  body  of  Alexander  the  Great  was  trans 
ported  from  Babylon  to  Alexandria  in  a  magnifi- 
cent harmamaxa,  the  construction  of  which  occupied 
two  years,  and  the  description  of  which,  with  its 
paintmgs  and  ornaments  in  gold,  silver,  and  ivory 
I  employed  the  pen  of  more  than  one  historian. 


■586 


HARPAGINETULI. 


(Diod.  TTill  26—28 ;  Athen.  t.  p.  206,  e ;  Aelian, 

The  harmamaza  was  occasionally  used  bj  the 
ladies  of  Greece.  A  priestess  of  Diana  is  repre- 
sented as  riding  in  one  which  is  drawn  by  two 
white  cows  (Heliod.  Aeih.  iii  p.  138,  ed.  Com- 
melini),  and  the  coins  of  Ephesus  show,  that  this 
carriage,  probably  containing  also  symbols  of  the 
attributes  and  worship  of  Diana,  added  to  the 
splendour  of  the  religious  processions  in  that 
city.  [J.  Y.] 

HARMOSTAE  (from  hf>fi6Ct»,  to  fit  or  join  to- 
gether) was  the  name  of  the  goTemors  whom  the 
Lacedaemonians,  after  the  Peloponnesian  war,  sent 
into  their  subject  or  conquered  towns,  partly  to 
keep  them  in  submission,  and  partly  to  abolish  the 
democratical  form  of  government,  and  establish  in 
its  stead  one  similar  to  their  own.  (Diod.  Sic 
ziT.  10  ;  Xen.  HtUen,  vr,  2.  §5  ;  Isoernt  PaMegl, 
p.  92  ;  Suidas,  Hesych.  i.  v.  /  EtymoL  Mag.  s.  v. 
EwiaTo$fiM.)  Although  in  many  cases  they  were 
ostensibly  sent  for  the  purpose  of  abolishing  the 
tyrannical  goTemment  of  a  town,  and  to  restore 
the  people  to  freedom,  yet  they  themselves  acted 
like  kings  or  tyrants,  whence  Dionysius  (Antiq. 
Rom,  T.  p.  S37,  Sylbuig)  thinks  that  harmostae 
was  merely  another  name  for  kings.  How  little 
sincere  the  Lacedaemonians  were  in  their  profes- 
sions to  restore  their  subject  towns  to  freedom  was 
manifest  after  the  peace  of  Antalcidas ;  for  although 
they  had  pledged  themselves  to  re-establish  fne 
governments  in  the  various  towns,  yet  they  left 
them  in  the  hands  of  the  harmostae.  (Polyb.  iv. 
27.)  The  character  of  their  rule  is  sufficiently  de- 
scribed by  the  word  Karix^iv^  which  Isocrates  {L  c.) 
and  Demosthenes  (JDe  Cbron.  p.  258)  use  in  speak- 
ing of  the  harmostae.  (Compare  Demosth.  e.  7¥mo- 
erat  p.  740  ;  Plut  Narrat,  AmaL  c.  8.)  Even 
Xenophon  (th  R^,  Lac.  c.  14)  could  not  help  cen- 
suring the  Lacedaemonians  for  the  manner  in  which 
they  allowed  their  harmostae  to  govern. 

It  is  uncertain  how  long  the  office  of  an  har- 
mostes  lasted  ;  but  considering  that  a  governor  of 
the  same  kind,  who  was  appointed  by  the  Lacedae- 
monians in  Cytheni,  with  the  title  of  Cytherodices, 
held  his  office  only  for  one  year  (Thucyd.  iv.  63), 
it  is  not  improbable  that  the  office  of  harmostes  was 
of  the  same  duration.  [L.  S.] 

HARPAGES  GRAPHE  (Vntr^f  tf>^\ 
This  action  seems,  according  to  Lucian  {jid,  Voe. 
c.  1.  vol.  i.  p.  82,  ed.  Hemsterh.),  to  have  been 
applicable  to  cases  of  open  robbery,  attended  with 
violence.  Under  these  cireumstances  the  oflfenders 
would  be  included  in  the  class  of  Koxovpyoty  and 
as  such  be  tried  before  a  court  under  the  con- 
trol and  management  of  the  Eleven.  With  respect 
to  the  punishment  upon  conviction,  we  have  no 
certain  information,  but  there  seems  no  reason  to 
doubt  that  it  was  capital,  as  in  cases  of  buiglaiy 
and  stealing  from  the  person.  (Xen.  Mem.  i.  2. 
§  62.)  [J.  S.  M.] 

HARPAGINETULI,  a  sort  of  decoration  for 
the  walls  and  ceilings  of  rooms,  thus  mentioned  by 
Vitruvius,  in  a  passa^  where  he  is  speaking  of 
irregular  and  fimtastic  ornaments  (vil  5.  §  3), 
**pro  eolumMU  mim  ttahutHhur  calami^  profutigiU 
harpaginehdi  sHetti  atm  crispi$JbUU  et  voluiis  tene- 
rif.^  The  commentators  have  laboured  in  vain  to 
explain  the  term ;  and  it  is  even  very  doubtful 
whether  the  reading  is  conect  As  the  word 
itands^  it  seems  to  refer  to  some  sort  of  scroll- 


HARUSPICES. 

pattern.  (See  Schneider,  Newton,  and  tlie  otJbrr 
commentators  and  transUtora,  /.  cl,  smd  an  additioc 
by  Bailev  to  the  article  in  ForoeUinL)        [P-  ^1 

HA'RPAGO  (ipw*rj:  aAkos:  JKyMdEyps  dim. 
Kp^drypis)^  a  grappling-iron,  a  drag*,  a  Beafa-hooX. 
(Eaf.  xzviL  3 ;  1  Sam.  iL  IS,  14.  Sipt. ;  Ansioph. 
Vup.  1152  ;  Anaxippus,  op.  AAtm,  ir.  p.  169,  b.) 
The  iron-fingered  flMh-hook  (jcpcdtypa  vAnpf^^Krv- 
Xof,  Bnmcl^^iia/.  ii  21 5)  is  dewsibed  bj  the  Scho- 
liast  on  Aristophanes  i^Eijpsit.  769),  aa  '^  an  inMr^- 
ment  used  in  cookery,  resembling  a  liand  with  the 
fingers  bent  inwards,  used  to  take  boiled  meat  out 
of  the  caldron.*"  Four  specimww  of  it,  in  bracse, 
are  in  the  British  Museum.  One  of  than  is  hoe 
represented.  Into  its  hollow  extrenutj  a  woodea 
handle  was  inserted. 


A  similar  instrument,  or  even  the  fleah-liook  it- 
self (Aristoph.  EodlM.  994)  waa  used  to  draw  ap 
a  pail,  or  to  recover  any  thing  which  had  fiJIeB 
into  a  well.  (Heaychius,  &  00.  'A^atdtyv,  Kptdnifa, 
A^jcos.) 

In  war  the  grappling-iron,  thrown  at  an  esemy*8 
ship,  seiaed  the  ngging,  and  was  then  oaed  to  diag 
the  ship  within  reach,  so  that  it  might  be  eas3y 
boarded  or  destroyed.  ('A^va|,  Athen.  t.  pi  208,d.) 
These  instruments  appear  to  have  becsi  mwh  the 
same  as  the  manmfemaB  {mamf/emoaatfrneiar' 
pagones^  Caes.  B.  C.  i.  57 ;  Q.  Curt  iv.  9  ;  Bism 
Cass.  xliz.  3,  L  32,  34).  The  mammi/hrrme  wm 
employed  bv  the  Consul  Duilius  agvnat  the  Csr- 
thaginians  (Flor.  ii.  2  ;  Front.  StraS^  iL  3.  §  24), 
and  were  said  to  have  been  invented  by  Peridet. 
(Plin.  H.  N.  vii.  57.)  [J.  Y.J 

HARPASTUM  {hfwaorSp  from  &fm^)  ^^ 
a  ball,  used  in  a  game  of  which  we  have  no  ac- 
curate account ;  but  it  appears  both  from  the  ety- 
mology of  the  word  and  the  statement  of  Galea 
(ncf>T  fiucpas  2^/Kv,  c.  2.  p.  902,  ed.  Kuhn), 
that  a  ball  was  thrown  amon^  the  playen,  each  of 
whom  endeavoured  to  obtam  possession  of  it. 
(Comp.  Pollux,  ix.  105,  106 ;  AUien.  i  p.  14,  £) 
Hence  Martial  (iv.  19.  6)  speaks  of  the  koFjutta 
pulvendenta.  ^  The  game  required  a  great  deal  of 
bodily  exertion.  (Martial,  vii.  67.  4  ;  comp.  ziv. 
48.)  (See  Becker,  GaOus^  voL  L  p.  276  ;  Knaie, 
Oymnastik  mid  AgoHhUk  der  HtUemm,  voL  L  pp. 
307,  308.) 

HARU  SPICES,  or  ARU'SPICES,  were 
soothsayers  or  diviners,  who  interpreted  thewifl 
of  the  gods.  They  ori^[inally  came  to  Rome  from 
Etruria,  whence  haruspices  were  often  sent  for  by 
the  Romans  on  important  occasions.  (Liv.  xxrii 
37  ;  Cic  OilL  iii  8,  dfo  Div.  iL  4.)  The  srt  of 
the  haruspices  resembled  in  many  respects  that  of 
the  augurs  ;  but  they  never  acquired  that  political 
importance  which  the  latter  possessed,  and  wen 
re^Etfded  rather  as  means  for  ascertaining  the  will 
of  the  gods  than  as  possessing  any  religioos  satho- 
rity.  They  did  not  in  fiict  form  any  part  of  the 
ecclesiastical  polity  of  the  Roman  state  during  the 
republic ;  they  are  never  called  saoerdotes,  they 
did  not  form  a  collegium,  and  had  no  mMister  at 
their  head.    The  account  of  Dicnysiuf  (ii.  23), 


HAST  A. 

±ii  the  hanispices  were  instituted  by  Romulai, 
aad  that  one  was  chosen  finom  eSfch  tribe,  is  op- 
posed to  sU  the  other  authoritiesi  and  is  manifestly 
boonecL  In  the  time  of  the  emperors,  we  read 
•f  A  eollegiam  or  older  of  sixty  harospiees  (Tadt 
Am^  XL  15 ;  Orelli,  /aser.  L  p.  399) ;  but  the  time 
ef  hi  instxtntion  is  ODcertain.  It  has  been  sap- 
ptaed  that  sodi  a  coUegiom  existed  in  the  time  of 
Ckers,  ainoe  he  speaks  of  a  nonanu  magitier  (de 
Dit.  ii.  24)  ;  bat  by  this  we  are  probably  to  un- 
do^fiuid  net  a  magitler  ooUegiL,  but  merely  the 
aioit  eminent  of  the  hamspices  at  the  time. 

The  art  of  the  hamspices,  which  was  called 
l^ntfidma^  consiated  in  explaining  and  interpret- 
'm^  the  will  of  the  gods  from  the  i^ppearanoe  of  the 
efitcaih  (esto)  of  animals  offered  in  sacrifice,  whence 
thej  are  sometimes  caDed  sxfuptoes,  and  their  art 
esUspiemm.  (Cic  <U  Div.  ii  11  ;  Suet.  Ner,  66)  ; 
asd  also  fimn  lightning,  earthquakes,  and  all 
extFaordinary  {Aenomena  in  nature,  to  which  the 
3«Qeral  name  of  poriemta  was  given.  (Valer.  Max. 
L  1. 1 1.)  Theb*  art  it  said  to  hsTe  been  inyented 
hx  the  Etruscan  Tages  (Cic  de  Dw.  iL  23 ;  Festus, 
s.  r.  Taffet\  and  was  contained  in  certain  books 
oQed  libri  tuf  ajyitciat,  /i^urales^  and  ionitrua/es, 
(Cic.  de  Dw.  L  33  ;  compare  Macrob.  StUam,  iii 

This  art  was  considered  by  the  Romans  so  im- 
pcftant  at  one  time,  that  the  senate  decreed  that  a 
ctrtain  number  of  young  Etruscans,  bdongiiig  to 
the  pincipal  fiunilies  in  the  state,  should  always 
be  instroctcd  in  it.  (Cic  de  Dh,  i  41.)  Niebubr 
^p^eaiB  to  be  mistaken  in  supposing  the  passage  in 
Cicero  to  refer  to  the  children  of  Roman  fieunilies. 
( See  Orelli,  ad  loc)  The  senate  sometimes  con- 
Kited  the  hamspices  (Cic  de  Dio.  L  43,  ii.  35  ; 
L:t.  xxrii.  37),  as  did  also  private  persons.  (Cic 
^  I>iit,  XL  29.)  In  Liter  times,  however,  their  art 
&il  into  disr^mte  among  well-educated  Romans ; 
and  Cicero  {de  Dw.  ii.  24)  relates  a  saying  of 
Cato,  that  1^  w(mdered  that  one  haruspex  did  not 
lugh  when  he  saw  another.  The  Emperor  Clau- 
dios  attempted  to  revive  the  study  of  the  art, 
which  had  then  become  neglected ;  and  the  senate, 
coder  his  directions,  passed  a  decree  that  the 
pontifices  should  examine  what  parts  of  it  should 
\ft  retained  and  established  (Tacit  Ann.  j\.  15) ; 
hoc  ve  do  not  know  what  effect  this  decree  pro- 
duced. 

The  Daaae  of  haruspex  is  sometimes  applied  to 
any  kind  of  soothsa3-er  or  prophet  (Prop,  iii  13. 
^9) ;  whence  Juvenal  (vL  650)  speaks  of  Arme- 
*iM»  td  Cktmmagemmt  kanupex. 

The  Utter  part  of  the  word  haruspex  contains 
the  root  apee;  and  I>onatus  {ad  Ter.  Phorm.  iv. 
^  28)  derives  the  former  part  from  haruga,  a 
nctim.  (Compare  Festus,  s.  v.  Harvigay  and  Varro, 
IM  Ung.  Lot  v.  98,  ed.  MiiUer.  (05ttling,  Getdk. 
der  Him.  Slaatm.  p.  213 ;  Walter,  Geaek.  des  Rom. 
^«^  §1  1^2,  770,  2nd  ed.;  Brissonius,  De  For- 
«k  L  29,  Ac) 

HASTA  ifyX"^  itoXt^v),  a  spear.  The  spear 
is  defined  by  Homer,  8dpv  xaAir^pcr,  **■  a  pole  fitted 
wHh  broQse**  {IL  vL  3),  and  5<Jpv  x«>^<>^^'i 
*"  a  pole  heavy  with  bnmse  ^  {Od.  xi  531 ).  The 
broQze,  for  which  iron  was  afterwards  substituted, 
*u  mdispensable  to  form  the  point  (oixM^,  ^wk^. 
Homer ;  A^txij,  Xenophon  j  acies^  euspis,  sjncu- 
^  Ovid,  Met.  viiL  375)  of  the  spear.  Each  of 
these  two  essoitial  parts  is  often  put  for  the  whole, 
■0  that  s  spear  is  cailed  8^pv  and  Sopdriov,  oixM^y 


HASTA. 


587 


and  kiyxH-  Even  the  more  especial  term  /mA/o, 
meaning  an  ash-tree,  is  used  in  the  same  manner^ 
because  the  pole  of  the  spear  was  often  the  stem  of  a 
young  ash,  stript  of  its  bark  and  polished.  {IL  xix. 
390,  XX.  277,  xxiL  328,  Od.  xxiL  259  ;  Plin. 
H.  I^.  xvL  24  ;  Ovid,  MeL  xiL  369.)  In  like 
manner  the  spear  is  designated  by  the  term  tcdtia^ 
(Aesch.  Ag.  65 ;  Eurip.  Hee.  1155,  Phoett.  1421  ; 
Brunck,  AnaL  i.  191,  226 ;  Ant  Sid.  34),  meaning 
properly  the  strong  tall  reed  of  the  south  of  Europe, 
which  served  both  for  spean  and  for  various  other 
uses.  {HeM.SemL29BiSchoLmloe.;XtsLdeBe 
EqmeL  xii.  12.) 

The  bottom  of  the  spear  was  often  inclosed  in 
a  pointed  cap  of  bronse,  called  by  the  Ionic  writers 
(raupwr^p  (Horn.  ILx.  153  ;  Herod,  vii.  40,  41 ; 
also  Polyb.  vi  23),  and  obpiaxos  {IL  xiiL  443, 
XVL  612,  xvii.  528),  and  in  Attic  or  common  Greek 
<rript^.  (Xen.  Hellem.  tL  2.  §  19  ;  Athen.  xii.  p. 
514,  b  ;  9Tupdjcior,  Thuc  ii  4  ;  Aen.  TacL  18.) 
By  forcing  this  into  the  ground  the  spear  was  fixed 
erect.  (Vug.  Aen.  xiL  130.)  Many  of  the  lancers 
(Sopu^poi,  aixfuf^pf^h  ^oyxo^6poi,  woodcut,  p. 
237),  who  accompanied  the  king  of  Persia,  had, 
mstead  of  this  spike  at  the  bottom  of  their  spears, 
an  apple  or  a  pomegranate,  either  gilt  or  silvered. 
(Herod. ;  Athen. ;  U.  oc)  With  this,  or  a  similar 
ornament,  the  spear  is  often  terminated  both  on 
Persian  and  Egyptian  monuments.  Fig.  1.  in  the 
annexed  woodcut  shows  the  top  and  bottom  of  a 
spear,  which  is  held  by  one  of  the  king's  guards  in 
the  sculptures  at  Persepolis.  (Sir  R.  K.  Porter's 
Traveiej  vol.  i.  p.  601.)  It  may  be  compared  with 
those  in  the  hand  of  the  Greek  warrior  at  p.  135, 
which  have  the  spike  at  the  bottom.  The  spike  at 
the  bottom  of  the  spear  was  used  in  fighting  by 
the  Greeks  and  Romans,  when  the  head  was 
broken  off.     (Polyb.  vi.  25.) 

A  well-finished  spear  was  kept  in  a  case  {Hopa- 
Tod^Kri\  which,  on  account  of  its  form,  is  called 
by  Homer  a  pipe  (cr^piyl,  IL  xix.  387). 

The  spear  was  used  as  a  weapon  of  attack  in 
three  different  ways :  —  1.  It  was  thrown  from  cata- 
pulu  and  other  engines  [Tormbntum].  2.  It  was 
thrust  forward  as  a  pike.     In  this  manner  Achilles 


© 


Ii 


killed   Hector  by  pieroing  him   with  his  spear 
through  the  neck.   {IL  xxii.  326.)    The  Euboeana 


588 


HASTA. 


were  porticularlj  celebrated  as  pikemen.  (Horn. 
IL  \u  543.)  3.  It  was  commonly  thrown  by  the 
hand.  The  Homeric  hero  generally  went  to  the 
field  with  two  spears.  (Horn.  IL  iiL  18,  z.  76, 
adL  298  ;  Find.  Pyth.  iy.  139.)  On  approaching 
the  enemy  he  first  threw  either  one  spear  or  both, 
and  then  on  coming  to  close  quarters  drew  his 
sword.  (Hom.  IL  liL  840,  xviL  530,  xx.  273 — 
284.)  The  spear  firequently  had  a  leathern  thong 
tied  to  the  middle  of  the  shaft,  which  was  called 
iLyKi\'n  by  the  Greeks,  and  amentum  by  the 
Romans,  and  which  was  of  assistance  in  throwing 
the  spear.  (Pollux,  1 1 36  ;  Schol.  ad  Eurip.  Orest. 
1477 ;  Xen.  Anab,  ir.  2.  §  28 ;  Viig.  Aen,  ix.  665 ; 
Ov.  MeL  xil  321 ;  Cic.  de  Orat.  i.  57.)  The  an- 
nexed 6gure,  taken  from  Sir  W.  Hamilton*s  Etrus- 
can Vases  (iiL  pi  33),  represents  the  amentum 
attached  to  the  spear  at  the  centre  of  srayity,  a 
little  above  the  middle. 


We  are  not  informed  how  the  amentum  added 
to  the  effect  of  throwing  the  lance  ;  perhaps  it  was 
by  giving  it  rotation,  and  hence  a  greater  decree  of 
steadiness  and  directness  in  its  flight,  as  in  the 
case  of  a  ball,  shot  fix)m  a  rifle  gim.  This  supp<wi- 
tion  both  suits  the  expressions  relative  to  the  in- 
sertion of  the  fingers,  and  accounts  for  the  frequent 
use  of  the  verb  iorquers^  to  whirl,  or  twist,  in  con- 
nection with  this  subject.  We  also  find  mention 
in  the  Latin  grammarians  of  Hattae  anaatae,  and 
Ennius  speaks  of  Ansatis  coneurrunt  undique  tdis 
(Macrob.  Sat.  vi.  1).  The  ansa  was  probably  the 
same  as  the  amentum,  and  was  so  called  as  being 
the  part  which  the  soldier  kid  hold  of  in  hurling 
the  spear. 

Under  the  general  terms  hasta  and  tyx"*^  were 
included  various  kinds  of  missiles,  of  which  the 
principal  were  as  follow :  — 

Lameea  (\6yx%  Festus,  s.  o.  Lanoea\  the  lance, 
a  comparatively  slender  spear  commonly  used  by 
the  Greeks.  Iphicrates,  who  doubled  the  length 
of  the  sword  [Gladius],  also  added  greatly  to  the 
dimensions  of  the  lance.     (Diod,  xv.  44 ;   Nep. 


HASTA. 

XL  1.  3.)  This  weapon  was  nsed  by  the  Grecian 
horsemen  (Polyh.  vl  23)  ;  and  by  means  of  a^ 
appendage  to  it,  which  is  supposed  by  Stuart  {Aa^ 
of  Athens^  vol  iiL  p.  47  ;  woodcut,  fig^  2)  to  be  exj 
hibited  on  the  shafts  of  three  speaiB  in  an  anci«  oj 
bas-relief  they  mounted  their  horses  with  grsate^ 
facility.     (Xen.  (U  Re  EquetL  viL  xiL)  j 

Pilum  (p<r<r6t\  the  javelin,  much  thjcker  zi^ 
stronger  than  the  Grecian  lanoe  (Flor.  iL  7),  d 
may  be  seen  on  comparing  the  woodcuts  at  pp.  13.^ 
and  136.     Its  shaft,  often  made  of  cornel  (Vir?J 
Aen.  ix.  698 ;  Ovid,  MeL  viiL  408),  was  four  asil 
a  half  feet  (three  cubits)  bng,  and  the  barbed  iro!^ 
head  was  of  the  same  length,  bat  this  extesdctij 
half  way  down  the  shaft,  to  which  it  wss  attached 
with  extreme  care,  so  that  the  whole  length  of] 
the  weapon  was  about  six  feet  nine  inches.     Each 
soldier  carried  twa  (Polyb.  vi  23.)     [Exmcrrrss 
p.  497,  a.J     It  was  used  either  to   throw  or  to 
thrust  wiUi ;  it  was  peculiar  to  the  Romans,  and 
gave  the  name  ofpilcmi  to  the  division  of  the  arciv 
by  which  it  was  adopted.     When  Marios  foasH 
against  the  Cimbri,  he  ordered  that  of  the  two  naili 
or  pins  (x(p6yai)  by  which  the  head  was  festeoed 
to  the  staff,  one  should  be  of  iron  and  the  other  of 
wood.     The  consequence  was,  that,  when  the  pilars 
struck  the  shields  of  the  enemy,  the  wooden  mil 
broke,  and  as  the  iron  head  was  thus  bent,  the  ^lear, 
owing  to  the  twist  in  the  metal  part,  still  hrid  to  \he 
shield  and  so  dragged  along  the  ground.     (Plot 
Mar,  25.) 

Whilst  the  heavy-armed  Roman  soldiers  borp 
the  long  lance  and  the  thick  and  pondeioas  javelin, 
the  light-armed  used  smaller  missiles,  which, 
though  of  different  kinds,  were  included  under  the 
general  term  kastae  velitares  (Li v.  xxxviii  20; 
Plin.  H.  N.  xxviiL  6).  From  yp6a^s^  the  cor- 
responding Greek  term  (Polyb.  L  40  ;  Stn&bo,  i\. 
4.  §  3),  the  vetUeSy  or  Ught-anned,  are  called  \>\ 
Polybius  ypwr^nAxoi  (vi  19,  20).  According  » 
his  description  the  yp6a'^s  was  a  dart,  with  a 
shaft  about  three  feet  long  and  an  inch  in  thick- 
ness :  the  iron  head  was  a  span  long,  and  so  thin 
and  acuminated  as  to  be  bent  by  striking  afrainst 
any  thing,  and  thus  rendered  unfit  to  be  sent  back 
against  the  enemy.  Fig.  3,  in  the  preceding  wood- 
cut, shows  one  which  was  fbimd,  with  nearly  har 
hundred  others,  in  a  Roman  oitrenchmest  at 
Meon  Hill,  in  Gloucestershire.  (Skelton^  Engrxnd 
lUuetrationey  vol.  L  pi.  45.) 

The  light  infiEmtry  of  the  Roman  amy  used  a 
similar  weapon,  called  a  spit  (tMrac,  vermtmm,  Lir. 
xxL  55 ;  vaifvtov,  Diod.  Sic.  xiv.  27  ;  Festos,  5.  r. 
Samniiee),  It  was  adopted  by  than  from  the 
Samnites  (Virg.  Ami,  viL  665),  and  the  V'okci 
{Georg,  iL  168).  Its  shaft  was  3^  feet  long,  iti 
point  five  inches.  (Veget  iL  15.)  Fig.  4,  in  the 
preceding  woodcut,  represents  the  head  of  a  dart 
in  the  Royal  Collection  at  Naples ;  it  may  be  taken 
as  a  specimen  of  the  terstem,  and  may  be  con- 
trasted with  fig.  5,  which  is  the  head  of  a  lanoe  in 
the  same  collection.  The  Romans  adopted  in  like 
manner  the  gaesum^  which  was  pn^>eriy  s  Celtic 
weapon  (Liv.  xxviiL  45)  ;  it  was  given  as  a  revird 
to  any  soldier  who  wounded  an  enemy.  (Polvb. 
vi.  37.)  Sparue  is  evidently  the  same  word  with 
the  English  tpar  and  igDeor.  It  was  the  rudnt 
missile  of  the  whole  dass,  and  only  used  when 
better  could  not  be  obtained.  (Virg.  Aem,  zL  68*2 , 
Serv.  inloc ;  Nepoa»  xv.  9.  §  1  ;  SaUast,  Cat  h%\ 
Gell  x.  25.) 


HASTA. 

Besidet  tlw  tecmt  jaemlaim  and  ^tictdum  (JUwr, 
htirTmf\  which  probaUj  denoted  darts,  resem- 
bling in  fenn  the  knoe  and  jaTelin,  bat  mnch 
Bilker,  adafitrd  oonnqnently  to  the  light>anned 
{jandatorm\  and  need  in  hunting  as  well  aa  in 
lattle  (Thacyd.  ii.  4 ;  Viijjf.  Am,  ix.  52 ;  Senr.  tia 
loc:  Ovid,  JfetYiiL  411;  Cic  ad Fam.  t.  12; 
FW.  iL  7),  we  find  in  claiMical  aathota  the  names 
<a  TarioBS  other  ^lean,  which  were  characteristic 
ii  poiticokr  nations.  Thus,  Serrius  states  {in  Aen. 
TO.  664),  that,  as  the  pUmm  waa  proper  to  the 
KdoaBa,  and  the  yaenm  to  the  Ganls,  so  the 
mnssa  waa  the  spear  pecoliar  to  the  Macedonians. 
Hiii  waa  used  both  to  throw  and  as  a  pike.  It 
exceeded  m  length  all  other  missiles.  [See  p^ 
4^  a.]  It  waa  made  of  cornel,  the  tall  dense 
uem  of  which  also  served  to  make  spears  of  other 
kisdi.  (Theoph.  H.  P.  iil  12. 2  ;  ff^ptiva^  Anian, 
fad. ;  Kpatt&a,  Xen.  ck  Re  EqmtL  zil  12.)  The 
Thracian  rvMapAea,  which  had  a  toj  long  point, 
rke  the  blade  of  a  sword  ( VaL  Fhc  tI  98 ; 
rMi|i«i,  GelL  Le.;  ^of*^c^  Apoe,  i  16),  was  pro> 
htiUj  not  unlike  the  sarissa ;  smce  Livy  asserts 
(xxxi.  39),  that  in  a  country  partly  covered  with 
vood  the  Macedonian  phalanx  was  ineiFectiTe  on 
Bccoont  of  their  pradomgae  hattoAt  and  that  the 
maphaea  of  the  Thracians  was  a  hindianoe  for  the 
aae  maon.  With  these  weapons  we  may  also 
class  the  niyrian  mSmm,  which  resembled  a  hunting- 
pole.  (Festoa,  «. «. ;  aiS6ptoy,  Polyb.  Ti.  21 ;  sAm, 
GclL^cy  Ant.  Sid.  13.) 

The  iron  head  of  the  German  spear,  called 
/nmea^  was  short  and  narrow,  but  very  sharp. 
The  Oetmana  used  it  with  great  effect  either  as 
a  lance  or  a  pike :  they  gave  to  each  youth  a 
fraoiea  and  a  shield  on  coming  of  age.  {TadLGerm, 
<S  IS,  18,  24  ;  Jut.  xiil  79.)  The  Falariea  or 
Pkatanea  waa  the  spear  of  the  Saguntines,  and  was 
nnpelled  by  the  aid  of  twisted  ropes  ;  it  was  large 
and  pooderons,  baring  a  head  of  iron  a  cubit  in 
length,  and  a  ball  of  lad  at  its  other  end  ;  it  some< 
Ume§  carried  flaming  pitch  and  tow.  (Liv.  xxi.  8, 
xxxir.  18  ;  Viig.  Aen,  ix.  706 ;  Lncan,  yi.  198 ;  SiL 
ItaL  1351  ;  Gell.  L  c  ;  Isid.  Orig.  xriiL  7  ;  Grat 
Faliu:  C^M^.  342.)  The  mtOara  and  tragula  were 
ckirfly  used  in  Gaul  and  Spain :  the  tragnla  was 
probahlj  barbed,  as  it  required  to  be  cut  out  of  the 
wouad.  (Pbnt.  Ccu.  u.  4.  18,  Epid.  t.  2.  25  ; 
Caes.  B,  G.  i.  26,  t.  35  ;  GelL  L  e.)  The  Adis 
and  QUeia  were  much  smaller  missiles.  (Viig. 
Ae».  ril  730,  741.) 

Amoog  the  decorations  which  the  Roman  gene< 
nk  bestowed  on  their  soldiers,  more  especially  for 
ttviog  the  life  of  a  fellow-citixen,  was  a  spear 
without  a  head,  called  hada  pmra.  (Virg.  Aen.  ri. 
760 ;  Serr.  »  loc  ;  Festus,  s.  v.  Haata  ;  Sueton. 
CZrarf.  28  ;  Tacit  Ann.  iiL  21.)  The  gift  of  it  is 
sometimes  recorded  in  funereal  inscripticms. 

The  etUbaru  hcuta  (Festus,  s.  o.),  having  been 
fixed  into  the  body  of  a  gladiator  lying  dead  on 
the  areiA,  was  used  at  marriages  to  part  the  hair 
of  the  bride.     (Grid,  Fast.  iL  560.) 

A  qwar  was  erected  at  auctions  [Auctio],  and 
when  tenders  were  received  for  public  offioes  (ioca- 
iiouet).  It  served  both  to  announce,  by  a  conven- 
tional  sign  conspicuous  at  a  distance,  that  a  sale 
vas  going  on,  and  to  show  that  it  was  conducted 
under  the  authority  of  the  public  functionaries. 
(Cie.  Qffie,  ii  8  ;  Nepos,  Attie,  6  ;  Festus,  ».  v. 
Hvta,)  Hence  an  auction  was  called  Aosto,  and 
(TertuU.  ApoL  13.) 


HECTE.  589 

It  was  also  the  practice  to  set  up  a  wpmx  in  tha 
court  of  the  Csntumtihi. 

The  throwing  of  spears  (dicorritfyi^s)  xvas  one  of 
the  gymnastic  exercises  of  the  Greeks,  and  is  de- 
scribed at  length  by  Krause  {GymnatHk  wtd  Agtm- 
iatik  dor  Hdlenmy  toL  L  p.  466,  &&).         [J.  Y.] 

HASTATL  [EJCIRCITU&  pp.  494— 496,501, 
502.] 

HECATOMBAEA.    [Hjkeaba.] 

HECATOMBAEON.  [CALXNDABiuif, 

G&BBK.] 

HECATOMBS.    [SACRinciVM.] 
HECATOMPEDON.    [Pm  ;  Tbmplum.] 
HECATOSTE  (IjcorwrHj).     [PsNTncoarn.] 
HECTE  or  HECTEUS   (Ijcny,   iirrt^t),  and 
its  hal4  HmniaeUM  or  HtmitHmm  (iii»Utcro9^  4hw- 
riim\  are  terms  which  occur,  in  more  than  one 
sense,  in  the  Greek  metrical  system,  and  are  inter- 
esting on  account  of  the  examples  they  furnish  of 
the  duodecimal  division. 

1.  In  dry  measures,  the  keeUma  was  the  sixth 
part  of  the  medmrna^  and  the  hemUdnmy  of  course, 
the  twelfUi  part  (Aristoph.  EeeL  547,  Nvb.  63}1, 
645.)  The  heetnu  was  equal  to  the  Roman  modws, 
as  each  contained  16  l^oroi  or  sextarii.  (Bdckb, 
MttroL  UmenncL  pp.  33,  200.) 

2.  The  Htett  or  Ueeteiu  and  Hmnudon  were  also 
the  names  of  coins,  but  the  accounts  we  have  of 
their  value  are  Tory  various.  The  only  consistent 
ocplanation  is,  that  there  were  different  Aeotae,  de< 
rived  fipom  different  units  ;  in  &ct,  that  these  coins 
were  not  property  denommaiion$  of  money,  but  sa^- 
divmont  of  the  recognised  denominations.  This 
▼iew  is  confirmed  by  the  statement  of  Hesychius, 
that  the  words  Imi,  TpiT%  and  rt rdpni  were  ap« 
plied  to  coins  of  gold,  silver,  and  copper ;  that  is, 
we  thmk,  that  the  various  denominations  of  money 
were  subdivided  for  convenience  into  thirds,  fourths, 
and  sixths,  which  would  be  of  gold,  silver,  and 
copper,  according  to  the  value  of  their  respective 
units.  (Hesych.  s.  o.  Iimi.)  Now,  since  the  drachma 
was  the  unit  of  the  silTor  coinages,  which  chiefly 
prevailed  in  Greece,  we  might  expect,  a  priori^ 
that  the  common  keottui  woiud  be  the  sixth  of  a 
drachma,  that  is,  an  obol  ;  and  that  there  was 
such  a  iseUiu,  is  expressly  stated  by  Hesychius, 
who  gives  4ifum€4\ioir  as  the  equivalent  of  iifiUHTw 
(f. «.).  But  then  from  a  passage  of  the  ccnnic  poet 
Crates  (Pollux,  ix.  374),  we  lieam  that  the 
hemueton  o/  gold  was  eight  obols,  the  natural  in- 
terpretation dT  which  is,  that  it  was  equal  m  wdue 
to  eight  eiieer  oboU  or  (according  to  Mr.  Hussey's 
computation  of  the  drachmaX  alitUe  more  than  IB*/., 
which  is  certainly  a  Teiy  small  -value  for  a  gold 
coin.  This  objection  Bdckh  meets  by  supposing 
that  the  gold  had  a  very  large  mixture  of  alloy  ; 
and  the  probability  of  this  will  appear  further  pre- 
sently. This  stater  could  not  have  been  an  Attic 
coin,  for  at  that  time  Athens  had  no  gold  money : 
the  question  therefore  arises,  to  what  foreign  state 
did  it  belong  ?  Now,  among  the  foreign  staters, 
which  were  current  at  Athens  in  the  fifth  century 
B.  a,  that  of  Phocaea  is  frequently  mentioned,  and 
an  inscription  exists  (found  in  the  Acropolis)  in 
which,  amonff  certain  offerings,  we  find  Fhoeaean 
etaters^  and  Iktcu  ♦wKoffScr  (Bockh,  Corp.  Inter. 
No.  160,  lines  41,  43,  voLL  pp.  231,  236.  §§  19, 
22 :  the  hasty  conjecture  that  these  cktcu  must  have 
been  of  silver^  is  corrected  by  Bdckh  himself,  in 
his  Metrologiedis  Untereudimeny  p.  1 35).  Little 
doubt  can  remam  that  these  mtcu  were  the  suriA, 


590 


HELEPOLIS. 


and  the  hanieda  of  Crates  the  ttoef/ih  of  the  Pho- 
caean  stater.  The  weight  of  the  kemiedon  would  be 
a  little  less  than  that  of  the  Attic  obol  ;  and  their 
value  would  therefore  give  a  ratio  of  gold  to  silver, 
as  8  to  1,  a  low  value  for  gold,  it  is  true,  but  oue 
easily  exphiined  by  the  fiict,  conjectured  by  Bdckh, 
and  distinctly  stated  by  Hesychius  (s.  v,  ^Mcdts), 
that  the  Phocaean  gold  money  was  veiy  base  :  this 
fiict  also  will  explain  the  light  weight  of  the  coin 
as  compared  with  the  Attic  oboL  The  result  of 
this  somewhat  intricate  discussion  seems  to  us  both 
cleat  and  consistent:  namely,  that  the  standard 
toetght,  the  drachma,  was  divided,  on  the  duodeci- 
mal system,  into  sttrift*  (crrcu  or  J^oXoi),  and 
hodfthi^  ilfilticra :  that  Athens  had  silver  eoins  of 
these  weights:  and  that,  in  those  states  which 
used  a  gold  coinage,  of  which  the  unit  was  a  ataier 
equal  (generally)  m  toeiffkt  to  two  drackfuae  and  m 
value  to  twenty^  this  stater  was  subjected  to  a  simi- 
lar duodecimal  division,  by  which  the  sixth  (ckti) 
or  firrcvs)  became  m  weiffht  a  piece  of  two  oltolsy 
and  the  twe^  (iffii^icroy)  a  piece  of  one  oboL 
The  values  of  these  coins  (according  to  the  average 
ratio  of  the  value  of  gold  to  that  of  silver,  namely 
10  :  1)  would  have  been  20  obols  and  10  obole  re- 
spectively ;  but  those  of  Phocaea  were  so  light  and 
debased,  that  they  were  only  worth  16  and  8  respec- 
tively of  the  obols  of  Athens,  whose  coinage  was 
pfDverbially  pure.  [P.  S.] 

HECTEMO'RII  (^my/Mfpioi),  a  name  given 
to  the  poor  citizens  ot  Attica  before  the  time  of 
Solon,  who  cultivated  the  fields  of  the  rich  and 
received  only  a  sixA  part  (hence  their  name)  of 
the  produce.  (Hesych.  s.  v,  iienniUpoi ;  Eustath. 
ad  Horn.  Od.  zix.  28.  p.  680. 49,  ed.  Basil,  p.  1854, 
ed.  Rom.)  Plutarch  {Sohn^  13)  seems  to  have 
made  a  mistake  in  stating  that  they  paid  a  sixth 
portion  to  their  masters,  and  retained  five -sixths 
themselves.  (Comp.  Schtfmann,  De  Oomitiis^ 
p.  362,  Aniiq,  Jur,  PuU.  Oraeo.  p.  169  ;  Hermann, 
Lehrbuch  d,  Griech.  StaatsaUerth,  §  101,  n.  10.) 

HEDNA  (IJw).     [Do8.] 

HEGEMO'NIA  DICASTE'RIOU  (^^yn/ioWa 
iiKaffrriplov),     [Eisaooobis.] 

HEGETO'RIA.     [Plynteria.] 

HEIRGMOU  GRAPHE'  (tlpyfiov  ypwf4). 
This  was  an  action  for  fiilse  imprisonment  of  a  free 
citizen  or  stranger,  and  keeping  such  person  in 
private  custody.  There  are  no  orations  upon  this 
subject  extant,  nor  indeed  any  direct  allusions  to 
it  by  name  ;  but  it  is  hinted  at  as  a  remedy  that 
might  have  been  adopted  by  Agatharchus,  the 
painter,  for  the  restraint  put  upon  his  personal 
liberty  by  Aldbiades  (Andoc  cAlc  p.  119)  ;  and 
in  a  passage  of  Deinarchus  {c  Denu  17),  where  a 
miller  is  mentioned  to  have  incurred  capital  punish- 
ment for  a  like  offence.  The  thesmothetae  pro- 
bably presided  in  the  court  before  which  offenders 
of  this  kind  were  brought  to  trial  (Meier,  AU. 
/>ft»p.332.)  [J.S.M.] 

HELE'POLIS  (IXtVoXij).  When  Demetrius 
Poliorcetes  besieged  Salamis,  in  Cyprus,  he  caused 
a  machine  to  be  constructed,  which  he  called  **  the 
taker  of  cities.**  Its  form  was  that  of  a  square 
tower,  each  side  being  90  cubiU  high  and  45  wide. 
It  rested  on  four  wheels,  each  eight  cubits  high. 
It  was  divided  into  nine  stories,  the  lower  of 
which  contained  machines  for  throwing  great 
stones,  the  middle  large  catapulto  for  throwing 
spears,  and  the  highest,  other  machines  for  throwing 
amaller  stones,  together  with  smaller  catapults. 


HELLENOTAMIAE. 
It  was  manned  with  200  soldiers,  besides  thr«M 
who  moved  it  by  pushing  the  parallel  beama  at  tcf 
bottom.     (Died.  xx.  48.) 

At  the  sieee  of  Rhodes,  b.  c  306,  Demebki 
employed  an  helepolis  of  still  greater  dimetisi«r^ 
and  more  complicated  constmctson.  Beaidea  wbeeU 
it  had  castors  {i9Turrp4trra\  so  aa  to  admit  r  f 
being  moved  laterally  as  wdl  aa  direct] j.     lu 
form  was  pyiamidaL    The  three  sidea  which  were 
exposed  to  attack,  were  rendered   fire-pvoof  hy 
being  covered  with  iron  plates^     In  front  escn 
story  had  port-holes,  which  were  adapted  to  th.> 
several  kinds  of  missiles,  and  were  fomiahed  with 
shutten  that  could  be  opened  or  dosed  at  pkasare, 
and  were  made  of  skins  stuffed  with  wooL     E^ K 
story  had  two  broad  flights  of  steps,  the  ooe  kt 
ascending,  the  other  for  descending.  (Diod.  xx.  91  : 
compare  Vitmv.  x.  22.)     This  ^lepoUs  w«s  cao> 
structed  by  Epimachos  the  Athenian  ;  and  a  mafb 
esteemed  description  of  it  was  written  by  DioecUdfs 
ofAbdera.   (Atben.  v.  p.  206,  d.)  ItwasnodouU 
the  greatest  and  most  remarkable  engine  of  the  kind 
that  was  ever  erected.      In  subsequent  ages  ve 
find  the  name  of  **  helepolis  **  applied  to  moriD^ 
towers  which  carried  battering  rams,  aa  weU  ad 
machines  for  throwing  spears  and  stonea.     (Abisl 
Marcell.  xziii  ;  Agathias,  L  18.  p.  30,  ed.  Ven. : 
Nicet   Chon.  Jo,  Comme$uie,  p.  14,  b.)     Tow^ts 
of  this  description  were  used  to  destroy  the  «a/I« 
of  Jerusalem,  when  it  was  taken  by  ^  Romaitf. 
(Jos.  B.  J,  u.  19.  §  9,  iil  6.  §  2.)  [Aans  ;  Tos- 

MBNTUM.]  [J.  Y.] 

HELIAEA.      [DlCABTBRION.] 

HELIGCAMI'NUS.     [Domus,  p.  432,  k] 
HELIX  (lAi{),  anythingof  aspiral  fann,whctJMr 

in  one  plane,  as  the  spiral  curve,  or  in  di&resc 

planes,  as  the  screw. 

1.  In  architecture,  the  spiral  volutes  of  the  laoic 
and  Corinthian  capitals.  The  Roman  architects, 
while  they  used  the  word  voUUae  for  ^e  angular 
spirals,  retained  the  term  keUees  for  the  nBsUer 
spirals  in  the  middle  of  each  face  of  the  CorinthisD 
capital.   (Vitruv.  iv.  1.  §  12.)  I 

2.  In  mechanics,  the  word  designates  the  acrev 
in  its  various  applications  ;  but  its  chief  use  was 
to  describe  a  macbine  used  for  pushing  or  draviiu^ 
ships  in  the  water  firom  the  beach,  which  was  said 
to  have  been  invented  by  Archimedes.  (Athen.  t. 
p.  207,  a.,  with  Casaubon^  Notes.)         [P.  aj 

HELLANO'DICAE  ('EAXaKoSucaiXthejadge 
in  the  Olympic  games,  of  whom  an  aocoant  is 
given  under  Olympia.  The  same  name  was  aho 
given  to  the  judges  or  court-martial  in  the  Lace- 
daemonian army  (Xen.  R^.  Lac  xiii.  11)  ;  and 
they  were  probably  first  called  by  this  naice 
when  Sparta  was  at  the  head  of  the  Greek  con- 
federacy. 

HELLENOTA'MIAE  fEAMfwa^),  or 
treasurers  of  the  Greeks,  were  magistrates  ap- 
pointed by  the  Athenians  to  receive  the  ooDtriba- 
tions  of  the  allied  states.  They  were  fint  a^^iatcd 
B.  c.  477,  when  Athens,  in  consequence  of  tbe 
conduct  of  Pausanias,  had  obtained  the  commaQd 
of  the  allied  states.  The  money  paid  by  the  dif- 
ferent states,  which  was  origimdly  fixed  st  460 
talents,  was  deposited  in  Delos,  which  was  tbe 
place  of  meeting  for  the  discussion  of  all  oohuboq  j 
interests ;  and  there  can  be  no  doubt  that  tbe  ! 
hellenotamiae  not  only  received,  but  were  also  the 
guardians  of  these  monies,  which  were  called  hj 
Xenophon  {de  Veat^,  v.  5)  'E^XfiiwrmfUm,  {Thix. 


HELOTESL 

uH;  PliiL^rMltf.24;  ABdo&^/Vifl«,p.l07.) 
TWe  office  «■•  tetained  after  the  tnunrj  was 
tnnsfencd  tD  Athe&a  oa  the  proponl  of  the  Sa- 
naas  (Pint.  AriiHd,  25  ;  Died.  xiL   38),  bat 
WW  of  couae  aboliehed  on  the  conqMil  of  Athena 
bj  the  LaeedacmeniBiUL    The  HeUenotamiae  were 
■oc  Rappointed  after  the  natoiation  of  the  demo- 
eacT ;  for  whieh  reaaoa  the  gramiiiariaiia  afibrd 
M    litde    inlbniiatiaa     R^tectmg    their   dntiea. 
Bdckki  howeirer,  condndet  from  inacriptioDa  that 
theT  vere  probably  ten  in  number,  choaen  bj  lot, 
like  the  treaaunen  of  the  goda,  oat  of  the  Pentaco- 
lionwdiud,  and  that  thej  did  not  enter  npon  their 
oCce  at  the  beginning  of  the  year,  bat  after  the 
Panathanea  and  thefint  Piytaneia.   Withregard 
titkdr  dntiea,  BSckh  aaj^xieea  that  they  rema^ied 
treasoRB  of  the  moniea  ooDeeted  from  the  aUiea, 
aadtfaat  paymenta  for  certain  objecta  were  aaaigned 
to  them.    In  the  first  pboe  they  would  of  eooiae 
par  the  expenaea  of  wan  in  the  common  canae,  aa 
liieoBBlribatiQna  were  originally  designed  for  that 
paipooe ;  bat  aa  the  Atheniana  in  oouiae  of  time 
considered  the  money  aa  their  own  property,  the 
HeUenotamiae  bad  to  pay  the  Theorica  and  milip 
tarr  expenaea  not  eomiected  with  wan  on  behalf 
of  the  common  caoae,    (Bdckh,  PmU.  Beam,  af 
JUflu,  p.  176,  2nd  ed. ;  Cbf7».  /afenjp.  No.  147.) 
HELUyriA.     [ELI.OTIA.] 
HEUKTES  (EZX^cf,  the  Latin  form  /2btoa  ia 
ilso  itted.  Lit.  -rxxcf,  27),  were  a  daaa  of  bonda- 
men  nbject  to  Sparta    The  whole  of  the  inhabit*- 
ants  of  L^eonia  were  included  in  the  three  clwaaee 
of  Spartana,  Perioed,  and  Hebta,  of  whom  the 
Helota  were  the  lowest.     They  fonned  the  roatic 
population,  aa  distinguished  boUi  from  the  inhabit- 
ants of  Sparta  itae^  and  from  the  Perioeei  who 
dvelt  IB  the  large  towna.   (Liv.  /.  &)     Their  oon- 
ditioa  waa  that  of  serfii  attached  to  the  land,  ad- 
seriptigbbae  ;  and  they  appear  to  haTo  been  the  only 
riaas  of  slaTea  among  the  Lacedaemoniana.  Different 
etrmologiea  are  given  of  their  name.    The  common 
aecooDt  ia,  that  they  were  originally  the  Achaean 
inhabttanta  of  the  town  of  Helos  in  fiawinia,  who, 
having  been  the  last  to  submit  to  the  Dorian  inmdera, 
and  thit  only  after  a  desperate  atruggle,  were  reduced 
br  the  Tictonto  slaTeiy.  (Paua.  iii.  20.  §  6 ;  Harpocr. 
a.r.  cJX«rrc^iF,  who  cites  Hellanicus  as  his  autho- 
titj).   Another  account,  preserved  by  Athenaeus 
from  Theopompns,  represents  them  aa  the  general 
bodj  of  the  ancient  Achaean  population  of  Laoonia, 
rednoed  to  skvery  by  the  Donana,  like  the  Penestae 
b  Themaly.   (Ath.  tL  p.  2$6,  c.)     The  statement 
of  Epbonis,  again,  preserved  by  Strabo,  has  some- 
thing in  common  with  both  the  other  stories  ;  for, 
seconliBg  to  it,  the  original  inhabitanta  of  the 
coontiy,  when  subdued  by  the  Dorians,  were  at 
£nt  permitted  to  enjoy  an  equality  of  civil  and 
political  rigbta  with  their  conquerors,  amd  tpere 
eaOti  Hdait;  but  they  were  deprived  of  their 
equal  etatas  by  Agis,  the  son  of  Euiysthenes,  who 
Bade  them  pay  tribute :  this  decree  was  resisted 
only  by  the  people  of  Helos  OEX^ib*  cl  fxorrcr  'rh 
*EXos),  who  rebelled  and  were  reduced  to  shivexy 
under  certain  conditions.     (Stnb.  viii  p.  365.) 
Now,  all  theae  theoriea  (for  such  they  are)  reat  on 
the  doubtfiil  foundation  of  the  historical  truth  of  the 
cireamstancea  attending  the  Dorian  invaaion,  and 
the  comiection  of  the  name  with  Heloa  ia  not  only 
a  manifest  inventicHi,  opposed  to  the  best  autho- 
lities  (Theopomp.  Eph.  U.  ee.),  but  is    etymolo- 
gicaSy  foulty,  for  the  people  of  'EAoi  were  not 


HELOTE& 


591 


called  EZXsrres,  bot  'EXsmc  (Strab.  Ic)  ta  "EXwU 
roi  (Athen.vL  p^  271).  The  name  haa  been 
alao  derived  from  «Air,  laaraiUs,  aa  if  it  signified 
JnMhiiaMh  ^<ls  UmUmd$,    But  MiUler  seems  to 


be  nearer  the  mark  in  explaining  clXirres  aa  i 
ing  |)rtaoii0rs^  from  the  root  of  «Af7r,  to  taAs,  like 
SfMMf  from  the  root  of  Scyidai.  He  supposes  that 
they  were  an  aboriginal  race,  who  were  aubdued  at 
a  very  eariy  period,  and  who  naturally  paaaed  over 
aa  akvea  to  the  Doric  eonquefom  It  is  objected 
by  Thiriwall  that  thia  theoiy  doea  not  account  for 
the  hereditary  enmity  between  them  and  their 
maateis ;  for  unleaa  they  loat  their  liberty  by  the 
Dorian  conqneat,  there  ia  no  probability  that  it 
placed  them  m  a  worse  condition  than  before.  But 
to  thia  objection,  we  may  oppoae  the  acute  obaerv* 
ation  of  Orote,  that  thoae  dangen  from  the  aervile 
population,  the  dread  of  which  ia  the  only  probable 
canae  that  can  be  aaaigned  for  the  cruell^  of  the 
Spartans,  and  the  consequent  resentment  of  the 
Helota,  **did  not  become  aerioua  until  after  the 
Meaaenian  war — nor  indeed  until  after  Uie  gradual 
diminution  of  the  number  of  Spartan  citiaena  had 
made  itaelf  felt."* 

At  the  end  of  the  aeoond  Meaaenian  war  (a  a 
668),  the  conquered  Meaaeniana  were  reduoeid  to 
slavery,  and  included  under  the  denomination  of 
Helota.  Their  condition  appean  to  have  been  the 
same,  with  aome  alight  differencea,  aa  that  of  the 
other  Helota.  But,  in  addition  to  that  remem> 
branoe  of  thev  freedom,  which  made  not  only  them, 
but,  through  their  influence,  the  whole  cb»a  of 
Helota  more  and  more  dangeraua  to  their  maatera, 
they  preaerved  the  recollection  of  their  national  ex- 
istence, and  were  ready  to  seise  any  opportunity  of 
regaining  it ;  until,  at  length,  the  policy  of  Epami- 
nondaa,  after  the  battle  of  Leuctra,  reatored  the 
main  body  of  theae  Meaaenian  H^ota  to  their 
ooontry,  where  they  no  doubt  fitrmed  the  chief  part 
of  the  population  of  the  new  city  of  Messene. 
(Thiriwall,  Hiat.  ofGrmot^  vol.  v.  pp.  104,  105.) 

The  Helots  were  regarded  as  the  proper^  of  the 
state,  which,  while  it  gave  their  services  to  indivi- 
duals,  reaerved  to  itself  the  power  of  emancipating 
them.  (Ephorus,  op,  Strah,  L  e.  $  Pans.  L  e.)  They 
were  attached  to  the  Umd,  and  could  not  be  sold 
away  from  it  Several  fomilies,  aa  many  perhapa 
aa  six  or  seven,  resided  on  each  icX^fwr,  in  dwell- 
ings of  their  own,  either  in  detached  fiinns  or  in 
villages.  They  cultivated  the  land  and  paid  to 
their  masten  aa  rent  a  fixed  meaaure  of  oom».the 
exact  amount  of  which  had  been  fixed  at  a  veiy 
eariy  period,  the  raiaing  of  that  amount  being  for- 
bidden under  heavy  imprecationa.  (Plut  InsL  Lac 
p.  255.)  The  annual  rent  paid  for  each  Kkijpos 
waa.eighty<two  medimni  of  bariey,  and  a  proper^ 
tionate  quantity  of  oil  and  wine.  (Plut  Lyo,  8, 
24.)  The  domestic  servants  of  the  Spartans  were 
all  Helots.  They  attended  on  their  masten  at  the 
public  meal ;  and  many  of  them  were  no  doubt 
employed  by  the  state  in  public  works. 

In  war  d^e  Helots  served  aa  light-armed  troops 
(^Uoi),  a  certain  number  of  them  attending  e?ery 
heavy-armed  Spartan  to  the  field  ;  at  the  Iwttle  of 
Plataeae,  there  were  aeven  Helota  to  each  Spar- 
tan, and  one  to  eTery  hoplite  of  the  Perioeei. 
(Herod,  ix.  10.  28.)  Theae  attendants  were  pro- 
bably  called  ifarirrap9s  (i,  e.  ifu^larayrtSy  Heaych. 
8,  e.),  and  one  of  them  in  particular,  the  3cpdr»i^, 
or  tervcmt  (Herod.  viL  229  ;  Stura.  Lest,  Xen.  a.  o.) ; 
though  dtpdMww  waa  alao  used  by  the  Doriana  aa 


592 


HELOTES. 


a  general  name  for  armed  slaves.  The  Helots  only 
serred  as  hoplites  in  particular  emergencies  ;  and 
on  such  occasions  they  were  generally  emancipated, 
if  they  showed  distinguished  bravery.  The  first 
instance  of  this  kind  was  in  the  expedition  of  Bra- 
sidas,  B.  c.  424.    (Thucnrd.  iv.  80,  t.  34,  viL  19.) 

The  treatment  to  which  the  Helots  were  sub- 
jected, as  described  by  the  later  Greek  writers,  is 
marked  by  the  most  wanton  cruelty.  Thus  Myron 
states  that  **  the  Spartans  impose  upon  them  every 
ignominious  service,  for  they  compel  them  to  wear 
a  cap  of  dog*s  skin,  and  to  be  clothed  with  a  gar- 
ment of  sheep^s  skin,  and  to  have  stripes  inflicted 
upon  them  every  year  for  no  £fiult,  that  they  may 
never  forget  that  they  are  slaves.  And  besides  all 
this,  if  any  rise  by  their  qualities  above  the  condi- 
tion of  a  slave,  they  appoint  death  as  the  penalty, 
and  their  masters  are  liable  to  punishment  if  they 
do  not  destroy  the  most  excellent.**  (AtheiL  xiv. 
p.  657.)  And  Plutarch  {Lye,  28)  states  that  He- 
lots were  forced  to  intoxicate  themselves,  and  per- 
form indecent  dances  as  a  warning  to  the  Spartan 
youth.  These  statements  must  be  received  with 
some  caution.  There  is  no  evidence  that  they  are 
true  of  the  period  before  the  Messenian  wars  ;  nor 
can  we  believe  that  such  wanton  and  impolitic  op- 
pressions, provocations,  and  destruction  of  a  valu- 
able servile  population  formed  any  part  of  the  ori- 
ginal system  of  Lycurgus.  What  has  been  said 
above,  respecting  the  legal  condition  of  the  Helots, 
indicates  a  very  different  state  of  things  ;  and  their 
real  condition  is  probably  not  misrepresented  by 
Orote,  when  he  says: — "The  Helots  were  a  part 
of  the  state,  having  their  domestic  and  social  sym- 
pathies developed,  a  certain  power  of  acquiring 
property  (Plut.  CHwm,  23),  and  the  consciousness 
of  Grecian  lineage  and  dialect — all  points  of 
marked  superiority  over  the  foreigners  who  formed 
the  slave  population  of  Athens  or  Chios.  They 
seem  to  have  been  no  way  inferior  to  any  village 
population  of  Greece.**  As  is  usual  with  serft, 
every  means  was  taken  to  mark  the  distinction  be- 
tween them  and  their  masters :  they  were  obliged 
to  wear  the  rustic  garb  described  above,  and  ^ey 
were  not  permitted  to  sing  one  of  the  Spartan  songs. 
(Plut.  L^.  28.)  But  the  state  of  things  described 
in  the  above  quotations  belongs  to  a  period  when 
the  fear  of  a  servile  insurrection  had  produced  the 
natural  result  of  cruel  oppression  on  the  one  part 
and  rebellious  hatred  on  the  other.  That  the 
cruelty  of  their  masters  knew  no  restraint  when  it 
was  thus  stimulated  by  fear,  is  manifest  enough 
from  the  institution  of  the  Kpvwrtla  [Cryptbia]. 
How  fi&r  the  statements  of  ancient  writers  respect- 
ing the  erypleia  are  to  be  believed,  is  somewhat 
doubtAil  ;  but  there  can  be  no  doubt  of  the  fact 
related  by  Thucydides,  that  on  one  occasion  two 
thousand  of  the  Helots  who  had  rendered  the 
greatest  service  to  the  state  in  war,  were  induced 
to  come  forward  by  the  offer  of  emancipation,  and 
then  were  put  to  death.     (Thuc  iv.  80.) 

The  Helots  might  be  emancipated,  but  in  that 
case,  instead  of  passing  into  the  class  of  Perioeci, 
they  formed  a  distinct  body  in  the  state,  known,  at 
the  time  of  the  Peloponnesian  war,  by  the  general 
term  of  veo5afu68f($,  but  subdivided  into  several 
classes.  Myron  of  Priene  (op.  A  then,  vi.  p.  27 1 ,  f. ), 
enumerates  the  following  classes  of  emancipated 
Helots :  — &^€Ta{,  dS^cnroroi,  ipvicr^pes,  8««nro<rio- 
ya^ai,  and  y*o9afM&6€is,  Of  these  the  &^eral 
were  probably  released  from  all  service  ;  the  ipvK-^ 


HEMINA. 
T^pc J  were  those  employed  in  war ;  the  3««»»a*o»»- 
Tcu  served  on  board  the  fleet ;  and  the  w€ciafLAS*iS\ 
were  those  who  had  been  possessed  of  freedom  for! 
some  time.  Besides  these  there  were  the  ^u^Aqm^s; 
or  /u<f0aiccs,  who  were  domestic  slayes,  bcoagfat  up 
with  the  young  Spartans,  and  then  emancipated , 
Upon  being  emancipated  Uiey  receivcnl  pennission  \ 
to  dwell  where  they  wished.  [Compare  Citttas 
(Greek),  p.  290.] 

(Miiller,  Doriuu,  iiL  3 ;  Hennazm,  rcUHeal 
il«/t9»i^Mso/&re0oe,§§  19,24,28,30,48;  ^'acba- 
muth,  Hdlai.  Atterth.  2d  ed.  see  Index  ;  Mansn, 
Sparia^  see  Index  ;  Thiriwall*k  HiaL  <jr  Gree^^ 
vol.  L  pp.  309 — 313  ;  Grote,  HiaU  t^Gruec^  voL  ii 
pp.  494—499.)  [P.  &J 

HE'MERA  (Wpa).  [Diaa.] 
HEMERODROMI   {yifuipoip6fUii\  were  coa 
rien  in  the  Greek   states,  who  coald  keep  oo 
running  all  day,  and  were  often  employed  to  cany 
news  of  important  events.     As  the  Greeks  had  2w  I 
system  of  posts,  and  but  few  roads,  such  measeo-  I 
gers  must  have  been  of  great  service.     They  were  i 
trained  for  the  purpose,  and  could  peifmm  the   i 
longest  journeys  in  an  almost  incredibly  short  space    I 
of  time.  (Herod.  vL  105  ;  Com.  Nep.  AfiZe.4  ;  Pkt.    ; 
Aria.  20  ;  Pans.  vi.  16L  §5.)      Such  ooiiri«B  ap-    i 
pear  to  have  been  kept  by  most  of  the  Grrek    I 
states,  and  were  in  times  of  danger  atatiooed  on    | 
some  eminence  in  order  to  obeo-ve  any  thing  of   I 
importance  that  might  happen,    and    carry   the    I 
intelligence   with    speed  to  the  proper  qnarter. 
Hence,  we  frequently  find  them  called  Hmt*Tf>-    \ 
9O0ipi  {fifAtpoffK&irot,  Herod,  vii.  182,   192  ;  Xcn.     | 
HefL  I  1.  §  2 ;  Aeneas  Tact  c.  6.)      That  lb*     \ 
HemeroBoopi  were  the  same  as  the  Hemtrodnmi 
appears  not  only  from  the  passage  of  Aeneas  Tac- 
ticus  just  referred  to,  but  also  from  the  words  of     | 
Livy   (xxxL  24)   *^  ni  speculator   (hcmeiodioinos 
vocant  Graeci,  ingens  die  uno  corsu  emetientrs 
spatium),   contemplans  regium  agmoi  e  specuk 
quadam,  praegressus   nocte   media  Atbenas  per- 
venisset**     (See  Duker,  ad  Lw.Lc)     The  He- 
merodromi  were  also  called  Dromoientket  (ppo/Ju>- 
iciipuK€s^  Harpocrat  and  Hesych.  t.  c). 
HEMEROSCOPI.    [Hbmbroo&omi.] 
HEM1CHRYSU&     [Aorum  ;  Statbb.] 
HEMICO'NGIUS.  [Conoius  ;andtheTaUes.] 
HEMICY'CLIUM   (^/uxiJicAioir),  a  semicir- 
cular  seat,  for  the  accommodation  of  persons  en- 
gaged in  conversation,  either  in  private  hooses  or 
in  places  of  public  resort ;  and  also  the  semicircnlar       ; 
seat  round  tne  tribunal  in  a  basilica.    (Plnt^  Jlctt, 
17,  Nio.  12  ;  Cic.  LaeL  1  ;    Vitmv.  v.  1.  §  8. 
comp.  Schneider*s  Note.)  [P.  S.] 

HEMIECTEON,     HEMIECTON.     [Hxc- 

TBU8.] 

HEMILITRON.     [Litra.] 

HE'MINA  (^fiira),  the  name  of  a  Greek  and 
Roman  measure,  seems  to  be  nothing  more  than 
the  dialectic  form  used  by  the  Sicilian  and  Italian 
Greeks  for  rtf^av,  (See  the  quotations  from  Epi- 
charmus  and  Sophron,  €^.  Ath.  xi.  &  479,  s,  h^ 
xiv.  p.  648,  d.,  and  Hesych.  «.  o.  ^i"  iMuvf,  which 
he  explains  as  iv  ii/jdav.)  It  was  therefore  nataialiy 
applied  to  the  half  of  the  standard  fluid  measure, 
the  {eimyf ,  which  the  other  Greeks  called  KO/riXn, 
and  the  word  passed  into  the  Roman  metrical 
system,  where  it  is  used  with  exactly  the  same 
force,  namely  for  a  measure  which  is  half  of  the 
searton'as,  and  equal  to  the  Greek  eotylc  (Bockh 
MetroL  Untenuek  pp.  17,  200,  203.)      [P.  S.] 


HENDECA. 
HEKI0B(KU0N«H£MIO'BOLnS.  [Obo< 

ii-s]. 
HEMIPODION.     [Pbs]. 
HEMISTATEK.    [Statkr]. 
HEMIXESTON.     [Sutiiuub]. 
HENDECA,  HOI,  (oi  ^p^ko,)  He  JSboM, 
lere  nagistzatea   at  Athens  of  oanaideiable  im- 
ptfrtaiux.    They  are  always  called  by  this  name  in 
tke  cbtfual  viiteEB ;  but  in  the  time  of  Demetrius 
I^akveos,  their  Bame  Is  said  to  have  been  changed 
mt>  that  of  n/io^KaKts  (Pollux,  viii.  102),  who 
Tere,  lioweTcr,  during  the  democracy  distinct  lunc> 
L&mm,  [NoMOPHyi^GX&]    The  grammarians 
alio  give  other  names  to  the  Eleren,  as  Sctf/io^v- 
Auis,  d«tf/io^vAiurcs,  A.C     (SchoL  ad  AritiopL 
PW.277,  r««p.  775,  1108.) 

Tbt  time  at  which  the  office  of  the  Ekren  was 
i^smoted  is  disputed.  Ullzich  considers  the  office 
to  have  been  of  an  aristocratical  chancter,  and 
rsaclodes  fiom  a  passage  in  Heradides  Ponticns 
i:-  1 10)  that  it  was  established  by  Aristeides. 
Me'vf,  on  the  other  hand,  maintains  that  the  office 
eiiat^  Bot  only  before  the  time  of  Cleisthenes, 
bQt  probably  before  the  l^;islation  of  Solon ;  but  it 
bumi  impossible  to  come  to  any  satis&ctory  con* 
(kim  OB  the  subject.  They  were  annually  chosen 
fa}  lot,  cme  from  each  of  the  ten  tribes,  and  a 
iecretaij  (Tpey^iorcfo),  who  must  properly  be  re- 
garded as  their  servant  (Anip^r),  though  he 
fe^rsed  cne  of  their  number.  (Polluz,  viii  102.) 

The  pnndpal  duty  of  the  Eleven  was  the  care 

and  maoa^cment  of  Uie  pnblic  prison  (Sc^fMrr^pioy) 

ICiBcn],  which  was  entirely  under  their  juiia- 

dictkn.    The  jmson,  however,  was  seldom  used 

fay  tbe  Athenians  as  a  mere  place  of  confinement, 

i-niBg  gaierally  for  punishments  and  executions. 

Wbeo  a  penon  was  condemned  to  death  he  was 

iooediatelj  given  into  the  custody  of  the  Eleven, 

vbo  wen  then  bound  to  cany  the  sentence  into 

exec&tion  secording  to    the  laws.     (Xen.  IlelL 

u-  3.  §  54.)    The  most  common  mode  of  execution 

vai  bj  honlock  juice  (x^i'cioy),  which  was  drunk 

after  Boaset.    (Phit   riaed.  cc  65,   66.)     The 

Eleven  bed  under  them  jailors,  executioners,  and 

t'lrtaRn,  who  were  called  by  various  names  (ol 

'a^nrrdra,  Bekker,  Anacd.  p.  296.  32 ;  6  rw 

»^  mipenis,  Xen.  HtlL  iL  3.  §54  ;  d  9iua6- 

oa«5,  Antiph.  De   Ventf.  615 ;  6  8i}/i<^ios,  or 

%ds,  &c).     When    torture  was  inflicted    in 

oaaet  affecting  the  state,   it  was  either  done  in 

the  iouaediate  presence  of  the  Eleven  (Dem.  «. 

iVwort.  p.  125i.  2)  or  by  their  servant  (*  S^^of). 

Tbe  Eleven  usually  only  had    to   carry   into 

eiecQtioD  the  sentence  passed  in  the  courts  of  law 

aul  tbe  public  assemblies ;  but  in  some  instances 

^be J  pouessed  an  Jryc/iorfa  Succumipiov.    This  vras 

tfae  case  in  those  summaiy  jvoceedings  called  &ira- 

"5*^  ^^♦yvts^  and  frScifcs,  in  which  the  penalty 

w  fixed  bykw,  and  might  be  inflicted  by  the 

(^  M  the  confession  or  conviction  of  the  accused 

wiibflot  appealing  to  any  of  the  jury  courts.   They 

liio  bad  aa  Tjrc/ioria  ^uiuKm\^o»  in  the  case  of 

«K«f7oi,  because  the  sununary  proceedings  men- 

^ioofd  above  were  chiefly  adopted  in  the  case  of  such 

ptiWDs :  hence  Antiphon  {d»  Oaede  Herod,  p.  7 1 3) 

alli  tbem  hifuKtiTOi    r&p  Kcucovpytty,       The 

»ord  coKo^pyoi  properly  means  any  kind  of  male- 

^ton,  bat  is  only  applied  in  Athenian  law  to 

wieres  (ic^^ai),  house-breakers    (toix«/>^o*), 

^-■tealen  (iySpovodurrot),  and  other  criminals 

«  •  UDiiar  kind.    (Meier,  AU.  Proc.  ppw  76,  77.) 


HERAEA. 


59S 


The  Eleven  are  also  said  to  have  possessed  i^e- 
lunfia  ZuLomiplmi  in  the  case  of  confiscated  pro- 
perty (EtymoL  Mag.  p.  338.  35),  which  statement 
is  confirmed  by  an  inscription  published  by  B^fckh 
{Urhtndm  fiber  da»  Seeweeem  dee  Attiecke»  Staaiee^ 
p.  535).  (UUrich,  Ueber  die  Elf  M'dmier,  ap. 
pended  to  his  translation  of  PUto^k  Mono,  Crito^ 
and  the  first  and  second  Alcibiades,  Berlin,  1821  ; 
Sluitcr,  Lectiomee  AndoeidL  m.  256—261  ;  Meier, 
AtL  Proe,  pp.  68—77  ;  Schubert,  de  Aedilibue^ 
pp.  93—96  ;  Hermann,  LekrK  dm-  Grieek  Staate- 
aiteHL  §  139.) 

HEPHAESTAEA.  [LAMPADSPHoaiiL] 
HERAEA  ('HpaZa)  is  the  name  of  festivals 
celebrated  in  honour  of  Hera  in  all  the  towns  of 
Greece  where  the  worship  of  this  divinity  was  in- 
troduoed.  The  original  seat  of  her  worship,  from 
which  it  spread  over  the  other  parts  of  Greece,  was 
Aigos  ;  whence  her  festivals  in  other  places  were, 
more  or  less,  imitations  of  those  which  were  osle- 
bratedat  Ai^oa.  (MUUer,  Dor,  ii.  10.  §  1.)  The 
Aigives  had  three  temples  of  Hera ;  one  lay  be- 
tween Argos  and  Mycenae,  45  stadia  from  Argos  ; 
the  second  lay  on  the  road  to  the  acropolis,  and  near 
it  was  the  stadium  in  which  the  games  and  con- 
teste  at  the  Heraea  were  held  (Pans.  ii.  24.  §  2)  ; 
the  third  was  in  the  city  itself  (Pans.  ii.  22.  §  1). 
Her  service  was  performed  by  the  most  distin- 
guished priestesses  of  the  place  ;  one  of  them  waa 
the  high-priestess,  and  the  Aigives  counted  their 
years  by  the  date  of  hei  office.  (Thucyd.  ii.  2.) 
The  Heraea  of  Argos  were  celebrated  every  fifth 
year,  and,  according  to  the  calculation  of  Bockh 
(AiAamdl.  der  BerL  Akad.  von  1818-19,  p.  92, 
&C.)  in  the  middle  of  the  second  year  of  every 
Olympiad.  One  of  the  great  solemnities  which 
took  place  on  the  occasion,  was  a  magnificent  pro- 
cession to  the  great  temple  of  Hera,  between  Aigos 
and  Mycenae.  A  vast  number  of  young  men  — for 
the  festival  is  called  a  panegyris — assembled  at 
Argos,  and  marched  in  armour  to  the  temple  of  the 
goddess.  They  were  preceded  by  one  hundred 
oxen  {iKar6fJiS7i^  whence  the  festival  is  also  called 
iicar6fiSaM),  The  high-priestess  accompanied  this 
procession,  riding  in  a  chariot  drawn  by  two  white 
oxen,  as  we  see  from  the  story  of  Cleobis  and 
Biton  related  by  Herodotus  (L  31)  and  Cicero 
{T^tecuL  L  47).  The  hundred  oxen  were  sacrificed, 
and  their  fledi  distributed  among  all  the  citizens. 
(Schol.  ad  Find.  OL  viL  152,  and  odNem,  x.  39.) 
The  sacrifice  itself  was  called  Acx'pi'a  (Hesych. 
a.  ©.)  or  **  the  bed  of  twigs."  (Comp.  Welcker 
on  Sdiwenda^e  E^fmologieche  Andeutungen^  p.  268.) 
The  games  and  contesto  of  the  Heraea  took  place  in 
the  stadium,  near  the  temple  on  the  road  to  the 
acropolis.  A  brazen  shield  was  fixed  in  a  place 
above  the  theatre,  which  was  scarcely  accessible  to 
any  one,  and  the  young  man  who  succeeded  in 
pulling  it  down  received  the  shield  and  a  garland 
of  myrtle  as  a  prize.  Hence  Pindar  {Nem.  x, 
41)  calls  the  contest  &y^y  x^^*^*-  ^^  seems  that 
this  contest  took  place  before  the  procession  went 
out  to  the  Heraeon,  for  Strabo  (viii.  p.  556)  states 
that  the  victor  went  with  his  prizes  in  solemn  pro- 
cession to  that  temple.  This  contest  was  said  to 
have  been  instituted,  according  to  some  traditions, 
by  Acrisius  and  Proetus  ( Aelian,  V.  H.  iii.  24), 
according  to  others  by  Archinus.  (SchoL  ad  PincU 
OL  vii.  152.) 

The  Heraea  or  Hecatombaea  of  Aegina  wera 
celebrated  in  the  same  manner  as  those  of  Aigos 


594 


HEREa 


<See  SclioL  ad  Find.  Isthm.  viii.  114;  MQUer, 
Amtiei.  p.  149.) 

The  Hemea  of  Samot,  which  island  also  derived 
the  wonhip  of  Hera  from  Argoe  (Paas.  tH.  4.  §  4), 
were  perhaps  the  most  brilliant  of  all  the  festivals  of 
this  divinity.  A  magnificent  procession,  consisting 
of  maidena  and  mairied  women  in  splendid  attire, 
and  with  floating  hair  (Asius,  cp.  Athen,  xlL  p. 
525),  together  with  men  and  youths  in  armour 
(Polyaen.  Sirat  L  23,  vi  45),  went  to  the  temple 
of  Hera.  After  they  arrived  within  the  sacred 
precincts,  the  men  deposited  their  armour  ;  and 
prayers  and  rows  were  offered  up  to  the  goddess. 
Her  altar  consiBted  of  the  ashes  of  the  victims 
which  had  been  burnt  to  her.    (Pans.  t.  13.  §  5.) 

The  Heraea  of  Elis  were  celebrated  every  fifth 
year,  or  in  the  fourth  year  of  every  Olympiad. 
(Corsini,  DtMert.  iil  30.)  The  festival  was  chiefly 
celebrated  by  maidens,  and  conducted  by  sixteen 
Biatrons  who  wove  the  sacred  peplus  for  tho  goddess. 
But  before  the  solemnities  commenced,  these  ma- 
trons sacrificed  a  pig,  and  purified  themselves  in 
the  well  Piera.  (Paus.  v.  16.  §  5.)  One  of  the 
principal  solemnities  was  a  race  of  the  maidens  in 
the  stadium,  for  which  purpose  they  were  divided 
into  three  classes,  according  to  their  aoe.  The 
youngest  ran  first  and  the  oldest  last  Their  only 
dress  on  this  occasion  was  a  X'^^^  which  came  down 
to  the  knee,  and  their  hair  was  floating.  She  who 
won  the  prize,  received  a  garland  of  olive-boughs, 
together  with  a  part  of  a  oow  which  waa  sacrificed 
to  Hera,  and  might  dedicate  her  own  painted  like- 
ness in  the  temple  of  the  goddess.  The  sixteen 
matrons  were  attended  by  as  many  female  attend- 
ants, and  performed  two  dances ;  the  one  called 
the  dance  of  Physcoa,  the  other  the  dance  of  Hip- 
podameia.  Respecting  further  particulars,  and  the 
history  of  this  solemnity,  see  Pans.  v.  16.  §  2,  &c. 

Heraea  were  celebrated  in  various  other  places  ; 
«.  ^.  in  Cos  (Athen.  xiv.  p.  639,  vL  p.  262),  at 
Corinth  (Eurip.  Med,  1379  ;  Philostnt.  Her.  xix. 
14),  at  Athens  (Plut  Quaett,  Rom,  viL  168),  at 
Cnossus  in  Crete  (Diod.  v.  72),  &&        [L.  S.] 

HERE'DITAS.     [Hbrbs.] 

HE  RES.  1.  Grbbk.  The  Athenian  laws  of 
inheritance  &ro  to  be  explained  nnder  this  title. 
The  subject  may  be  divided  into  five  parts,  of 
which  we  shall  speak :  1st,  of  personal  capacity 
to  inherit ;  2dly,  of  the  rules  of  descent  and  suc- 
cession ;  3dly,  of  the  power  of  devising ;  4thly, 
of  the  remedies  of  the  heir  fi>r  recovering  his 
rights  ;  5thly,  of  the  obligations  to  which  he  suc- 
ceeded* 

I.  0/ Personal  Capacity  to  InheriL — To  obtain 
the  right  of  inheritance  as  well  as  citizenship 
(jkyxitrrtia  and  «-oA.iTc(a),  legitimacy  was  a  neces- 
sary qualification.  Those  children  were  legitimate 
who  wero  bom  in  lawful  wedlock.  (Dem.  e, 
Neaer,  p.  1386.)  The  validity  of  a  marriage  de- 
pended partly  on  the  capacity  of  the  contracting 
parties,  partly  on  the  nature  of  the  contract  On 
the  first  point  little  needs  to  be  noticed  here,  ex- 
cept that  brother  and  sister  by  the  same  mother 
wero  forbidden  to  marry  ;  but  consanguinity  in 
general  was  so  fiur  from  being  deemed  an  objection, 
that  marriage  between  collateral  relations  was  en- 
couraged, in  order  to  keep  the  property  in  the 
family.  (Andoc  de  MysL  §  119,  &  Aldb,  §  33, 
ed«  Bekk. ;  Lys.  o,Alc%  41,  ed.  Bekk.  ;  Dem. 
«.  Leock,  p.  1083,  c  EvbuL  p.  1305  ;  Pint  Oimon, 
4,  Themitt.  32.)     The  contract  was  made  by  the 


HERE& 

husband  with  the  fiUher,  brother,  or  otber  lesd 
guardian  (ic^piof)  of  the  intended  wife :  then  orJij 
was    she    properly  betrothed    (fyyinrr^).       Art 
heiress,  however,  was  assigned,  or  adjudgedL 
the  next  of  kin  {hriiueair$wa)  by  prooeaa  of  la 
as  explained  under  Epiclbrus.    (laaeoa^  de  Cw 
her,  §26,  de  Pkiloet,  her.  §  19,  ed.  Bekk.  ;  Dem 
pro  Phorm,  p.  954,  e.  Si^  p.  1134.)     No  eer> 
mony  was  necessary  to  ratify  the  contract :  but  l\ 
was  usual  to  betroth  the  bride  in  the  presetiee  t4 
witnesses,  and  to  give  a  marriage  feast,  and  invito 
the  fiiends  and  relations,  for  the  sake  of  pablicttv-j 
(Isaens,  de  Cir,  her,  §  18  ;   Dem.  e.  Omt.   pL  8Gi.'^ 
e,  EubuL  pp.  1311,  1312.)     A  marriage  witho?cl 
proper  espousals  was  irregular  ;  but  the  iasae  Ian 
their  heritable  rights  only,  not  their  lkaQehi»e  ,- 
and  the  former,  it  seema,  might  be  restored,  if  tk^- 
members  of  their  father^  clan  would  consent  to 
their  being  registered.    (Isaeus,  de  PkSott.  her. 
§§  29 — 33.)     As  it  was  necessary  for  every  nan 
to  be  enrolled  in  his  clan,  in  order  to  obtain  hb 
full  dvil  rights,  so  vras  the  registration  the  beat  ei-i- 
dence  of  legitimacy,  and  the  ^pdropfs  and  evyir*- 
vut  wero  UBually  o&lled  to  prove  it  in  courts  of  jus- 
tice.   (Andoc.  de  Myst.  §  127,  ed.  Bekk. ;  Iaae«s. 
deCir,her.%2e,dePh$loeL%  13;  Dem.  c  £»U 
pb  1305,  &jc)    For  further  particulan  see  Platner, 
Beitrage^  p.  104,   && ;    SchSmann,   AmUq.  J9ri$ 
puUid  Graeoorum^  lib.  v.  §§  19,  21,  88. 

II.  0/  the  Rules  of  Desoeid  amd  Smeeeseion.^ 
Hero  we  would  premise,  that,  as  the  Athenian  law 
made  no  difference  in  this  respect  between  real  Mad 
personal  estate,  the  words  heir^  mieriL,  &C.,  will  be 
applied  indiscriminately  to  both.  When  an  Athe- 
nian died  leaving  sons,  they  shared  the  inherit- 
ance, like  our  heirs  in  gavelkind,  and  as  tkej  now 
do  in  France  (Isaeus,  de  PhUoeL  her.  §  32) :  a  bw 
no  less  fiivourable  to  that  balance  of  property  which 
Solon  meant  to  establish,  than  the  law  of  priuKv 
geniture  was  suited  to  the  military  aristocracies 
created  in  the  feudal  times.  The  cmly  adTaota^ 
possessed  by  the  ddest  son  was  the  first  choice  io 
the  division.  (Dem.  pro  Phorm,  p^  947.)  If  there 
was  but  one  son,  he  took  the  whole  estate ;  bat  if 
he  had  sisters,  it  was  incumbent  on  him  to  provide 
for  them,  and  give  them  suitable  mairiag«  portioas  ; 
they  were  then  called  hclKpoueou  (Harpocr.  t.  r. 
*Eri8iitos.)  There  vras  no  positive  law,  making  it 
imperative  on  a  brother  to  give  his  sister  a  pastkni 
of  a  certain  amount ;  but  Sie  moral  oUigatian,  to 
assign  her  a  fortune  corresponding  to  his  own  rank, 
was  strengthened  by  custom  and  paUic  opinioo, 
insomuch  that  if  she  was  given  in  marriage  por- 
tionless, it  was  deemed  a  slur  upon  her  chsracter, 
and  might  even  raise  a  doubt  of  her  l^gitinacr. 
(Isaeus,  de  Pyrr.  her,  §40  ;  Lys.  deAritL  btm. 
§  16,  ed.  Bekk.  ;  Dem.  &  Boeot.  de  dote,  ^  lOU.) 

On  fiiilure  of  sons  and  their  issue,  danghten 
and  daughters*  children  succeeded  (as  to  the  law 
concerning  heiresses,  see  Epiclbrus)  ;  and  there 
seems  to  have  been  no  limit  to  the  sncoession  rn 
the  descending  line.  (Isaeus,  de  Oir.  her,  §§  39 — 46, 
dePyrr.  her,  %  69,  dePhUoeL  §§38,67;  Dcbl^^ 
MacarL  pp.  1057,  1058.)  If  the  deceased  Irft 
grandsons  by  di£Bnent  sons,  it  ic  clear  that  tbey 
would  take  ike  shares  of  their  respective  fathers. 
So  if  he  had  a  granddangfater  by  one  son,  and  a 
grandson  by  another,  the  latter  would  not  exclude 
the  former,  as  a  brother  would  a  sister,  bat  both 
would  share  alike.  Of  this  there  is  no  direct  eri- 
dence ;  bat  it  followi  from  a  principle  of  Attic  kev 


HERES. 

ly  wfcich,  OB  the  birth  of  »  Btm^  hii  title  to  bis 
&tier>  inberituce,  or  to  a  share  thereof  immo- 
diatdf  aeoued ;  if  then  he  died  before  his  &ther, 
bst  lesri^g  issue,  thej  daimed  their  gxand£ither*8 
ishefiiaiiee  as  repRMntin^  him.  It  wa»  otherwise 
vith  daa^iteis.  Their  title  did  not  thus  accrue  ; 
asd  tkr^ore  it  was  the  practice  for  the  son  of  an 
heiicM  to  he  adopted  into  his  maternal  giand- 
fetber^  honse^  and  to  become  his  son  in  point  of 
kw.  Further  (as  will  presently  be  shown)  the 
geaoil  preference  of  males  to  fenudes  did  not  com- 
csesce  tiD  the  deceased'k  fiither*8  descendants  were 
exhamted. 

Ob  £uliire  of  lineal  descendants  the  collateral 
bnofches  wen  resorted  ta  And  first  came  the 
issue  of  the  same  fother  with  the  deceased  ;  Tia. 
brachos  and  brothers*  children,  the  children  of  a 
deceased  brother  taking  the  share  of  their  father 
(laeos,  de  Hagm,  ker,  §§  1,  2  ;  Dem.  e.  MacarL 
p.  1067,  c  Leoek.  p^  1083)  ;  and  after  them,  sisters 
ccd  ssten*  children,  among  whom  the  principle 
4^  repRsenta^oD  also  prevailed  (Isaeas,  de  ApolL 
kr.  §  23)  ;  bat  whether  sisters*  children  took  per 
ttvpn  ntper  capita,  does  not  appear. 

Next  coDie  the  descendants  of  the  same  grand- 
fttker  with  the  deceased  ;  conAins  and  coosins* 
diiidieB.  Here  the  law  declared,  that  males  and 
tile  isioe  ef  males  abonld  be  prefeired  to  females 
and  their  ime.  (Isaeos,  de  Hoffn.  ier.  §§  1,  2 ; 
Dtm,  c  Maeart  ^  1067.)  Thus,  the  son  of  an 
aide  would  exdade  the  son  of  an  aunt,  while  the 
soa  of  aa  amit  woold  exdnde  the  daughter  of  an 
incieu  On  the  same  principle  Isaeus  {de  ApolL 
itr.  §1 25,  26)  contends  that  the  son  of  a  female  first 
coona  prevented  bia  mother's  sister  from  inherit- 
Bg,  altboagh  he  was  forther  removed  from  the  de- 
cosed  (t^c  irmripw)  by  one  degree.  This  pre- 
iaeoce,  howeTer,  was  coi^ned  to  those  who  were 
(JMrnwlffd  ham  the  same  common  ancestor,  tbat  is 
to  saj,  from  the  grandfother  of  the  deceased  ;  for 
the  Tords  im  r&p  air&w  in  Demosthenes  are  to  be 
ezpiaiaed  by  the  rpir^  yirti  of  Isaeus.  Therefore 
a  fint  cousin  once  removed,  claiming  through  a 
female,  lad  a  better  title  than  a  second  cousm 
ckiaiing  throogh  males  ;  for  a  second  cousin  is  de- 
looded  not  from  the  grandfother,  but  only  from 
tfc«  great-giandfiiither  of  the  deceased,  and  so  is 
Itepmd  the  legal  degrees  of  succession  (^t»  rijs 
vfftffTtlas  or  mryytnUu).  On  this,  Eubulides 
£Kmda  his  pretension  to  the  estate  of  Hagnias  ;  be- 
cause he  daims  aa  representative  (son  bj  adoption) 
of  his  maternal  grandfotber,  who  was  first  cousin 
to  flagniaa ;  whereas  the  fother  of  his  opponent, 
Macartataa,  was  second  cousin  to  Hagnias,  and  (as 
BeiDosthenes  expresses  it)  was  not  in  the  same 
\ssatk  of  the  fiunil  j  (o^ic  ix  rov  dUcov  rov  'Ayviov, 
e.  Maeart  pi  1070)1 

On  £uhire  of  fint  cousins  and  their  issue,  the  in- 
beritBDce  went  to  the  half-blood  by  the  mother^s 
ode;  brothers  and  sisters,  nephews  and  nieces, 
eoonzw  and  their  children,  as  before.  But  if  there 
vere  so  maternal  kinsmen  within  the  legal  degree, 
it  retained  to  the  agnaiij  or  next  of  kin  on  the  pa- 
tenal  side  (rahs  v/As  vxtrp6s\  whose  proximity 
VM  txaced  by  counting  the  degrees  from  the  com- 
vum  ascestoiv  (Isaeus,  de  Hagn,  her,  §§  1 — 18  ; 
Bern,  c  Macart.  p.  1067.) 

The  auecenion  of  parents  to  their  children  is 
KBatter  of  diqmte  among  the  learned.  From  the 
>iIeD«e  of  the  orators,  the  absence  of  any  example, 
.>Bd  the  exjoess  dechiratiGa  of  Isaeus  {de  Hoffn, 


HEREa 


595 


ktr.  §  26)  respecting  the  mother,  it  may  be  bfened 
that  parents  could  not  inherit  at  Athens.  At 
Athens  the  maxim,  keredilas  nmumam  asooH/tV, 
held  only  of  lineal,  not  of  coUaterai  ascent.  For 
example,  an  uncle  might  inherit  ( Isaeus,  de  Oeom, 
itr.  §  55.)  So  also. he  might  many  the  heiress,  as 
next  of  kin.  (De  Fyrr,  her,  §  90.)  On  this  part 
of  the  subject  the  reader  is  refeired  to  Bunsen,  de 
jwehered,  Aihem. ;  Sir  William  Joneses  Commentary 
annexed  to  the  translation  of  Isaeus ;  and  a  short 
summary  of  the  law  by  Scbdmann,  Ant  jL  p,  Gr» 
lib.  T.  §  20.  These  and  other  writers  are  not  agreed 
on  many  of  the  foregoing  points,  which  are  left  in 
much  obscurity,  owing  to  the  mutibited  state  in 
which  the  laws  have  reached  us,  and  the  artifices 
used  by  the  orators  to  misrepresent  the  truth. 

It  will  assist  the  student  to  be  informed,  that 
hM€\lfi6s  signifies  a  first  cousin.  'Art^toBovs  is  a  fint 
cousin^  son  ;  formed  in  the  same  manner  as  &5cA- 
^tZovs  firom  &5c\^f,  and  dvyarpiHovs  firom  dvya- 
Tfip.  Thus,  my  first  cottsin*s  son  is  iyc^^ioSovs  to 
me  ;  but  not  conversely.  Again,  though  it  is  true 
that  two  or  more  second  cousins  may  be  spoken  of 
coUectivelr  as  Ai^c^iaSoi  (Dem.  &  Stmh.  p.  1 117), 
yet  one  of  them  cannot  be  said  to  be  ofctfriolovs  to 
another.  Herein  consists  the  fallacy  of  tliose  who 
maintain  that  second  cousins  came  within  the  legal 
degrees  of  succession. 

KX^pos  is  the  subject-matter  of  inheritance,  or 
(in  one  sense  of  the  word)  the  inheritance  ;  icAifpo- 
y6^s  the  heir.  'Ayxurrtia^  proximity  of  blood  in 
reference  to  succession,  and  sometimes  right  of  sue- 
cessioiL  XvYydy^uiy  natural  consanguinity.  Xuy- 
ytr€is^  collateral  relations,  are  opposed  to  inyovoi^ 
lineal  descendants. 

III.  Ofthe  power  of  Deeiiing, — That  the  owner 
had  power  to  alienate  his  property  during  his  life- 
time, and  that  such  alienation  was  valid  in  point 
of  kw,  both  as  against  the  heir  and  all  the  rest  of 
the  world,  is  beyond  a  doubt  There  was,  however, 
an  ancient  law  which  punished  with  degradation 
(&Ti;Ja)  a  man  who  had  wasted  bis  patrimony  (t& 
merp^  KofrtlhfioK^i).  He  was  considered  an 
offender  against  the  state,  because  he  disabled  him- 
self firom  contributing  to  the  public  service.  Pro- 
secnticms  for  such  an  offence  were  rare  ;  but  the  re> 
putation  of  a  spendthrift  vras  always  prejudicial  to 
a  man  in  a  court  of  justice.  (Diog.  La^  Solon^ 
55  ;  Aeschin.  o.  Timarth,  §§  97—105,  154,  ed. 
Bekk.) 

Every  man  of  fiill  age  and  sound  mmd,  not  under 
durance  or  improper  influence,  was  competent  to 
make  a  will  ;  but  if  he  had  a  son,  he  could  not 
disinherit  him  ;  although  his  wUl  might  take  efiect 
on  the  contingency  of  the  son  not  completing  bis 
seventeenth  year.  (Isaeus,  de  Arist,  her.  §  14,  (^ 
i>Ai/«rf.§10;Dem.a5««7»ft.pp.ll33,1136.)  The 
bulk  of  the  estate  being  left  to  the  son,  legacies 
might  be  given  to  friends  and  relations,  espe- 
cially to  those  who  performed  the  office  of  our  exe- 
cutor or  testamentary  guardian.  (Dem.  c  Aphob, 
pp.  814,  827.)  And  in  the  division  of  property 
among  sons,  the  recommendations  of  the  father 
would  be  attended  to.  (Dem.  o,  Macart.  p.  1055, 
pro  Phorm.  p.  955.)  Also  a  provision,  not  ex- 
ceeding a  thousand  drachmas,  might  be  assi^ed  to 
an  illegitimate  child.     (Harpocr.  s.  v.  VeBtia.) 

A  daughter  could  not  be  disinherited,  though 
the  estate  might  be  devised  to  any  person  on  con- 
dition of  his  marrying  her.  (Isaeus,  de  Pyrr,  her, 
§§  82—84.) 

QQ  2 


596 


HERES. 


It  was  only  when  a  man  had  no  issue  that  he 
mu  at  fiill  liberty  to  appoint  an  heir.  His  house 
end  heritage  were  then  considered  desolate  (Ijfn^/Aor 
iced  &yciyt//xos),  a  great  misfortune  in  the  eyes  of 
an  Athenian ;  for  every  head  of  a  family  was 
anxious  to  transmit  his  name  and  religious  usages 
to  posterity.  The  same  feeling  prevailed  among 
the  Greeks  in  more  ancient  times.  We  learn  from 
Hesychius  and  the  E^rmoL  Mag.  that  distant  re- 
lations were  called  x^fM^trroI,  because,  when  they 
inherited,  the  house  was  x'lP*^'*"'  '^^  Hffriftos,  (See 
Hom.  77.  V.  158  ;  Hes.  Theog,  607.)  To  obviate 
this  misfortune,  an  Athenian  had  two  courses  open 
to  hira.  Either  he  might  bequeath  his  property 
by  will,  or  he  might  adopt  a  son  in  his  lifetime. 
[Adoptio,  Grjejek.] 

Wills  were  in  writmg,  and  usually  had  one  or 
more  attesting  witnesses,  whose  names  were  super- 
scribed, but  who  did  not  know  the  contents.  They 
were  often  deposited  with  friends,  or  other  trust- 
worthy persons,  such  as  a  magistrate.  It  was  con- 
sidered a  badge  of  fraud  if  they  were  made  secretly 
or  in  the  presence  of  strangers.  (Isaeus,  de  Philod. 
her.  §  8,  de  Astyph.  her.  §§  8—17 ;  Dem.  e.  Stepk, 
p.  1 137.)  A  will  was  ambulatory  until  the  death 
of  the  maker,  and  might  be  revoked  wholly  or  par- 
tially, by  a  new  one.  It  seems  also  that  there 
might  be  a  parol  revocation.  (Isaeus,  de  Philoct. 
her.  §  40,  de  Oeon.  her.  §  32.)  The  client  of  Isaeus, 
in  the  last-cited  cause,  contends,  that  the  testator 
sent  for  the  depositary  of  his  will,  with  an  inten- 
tion to  cancel  it,  but  died  before  he  got  it  into  his 
possession  ;  this  (he  says)  was  a  virtual  revocation. 
He  calls  witnesses  to  prove  the  testator*s  affection 
for  himself  and  dislike  of  his  opponents,  and  thence 
infers  that  the  will  was  unnatural,  and  a  proof  of 
insanity.  Similar  arguments  were  often  used. 
(Isaeus,  de  Nkost.  her.  §  23,  de  Astyph.  her.  §  21.) 

With  respect  to  the  proceeding  by  which  a 
&ther  publicly  renounced  his  patemd  authority 
over  his  son,  see  Apokbruxis.  Pbto  {Leg.  zi. 
9.  p.  928)  refers  to  it,  and  recommends  that  a 
father  should  not  take  such  a  step  alone,  but  in 
conjunction  with  the  other  members  of  the  fiimily. 
At  Athens  the  paternal  authority  ceased  altogether 
after  the  son  had  completed  his  nineteenth  year ; 
he  was  then  considered  to  belong  less  to  his  &ther 
than  to  the  state,  (Valckenaer,  ad  Ammonium, 
8.V.  *AvoicfipvKTos :  Meier,  de  Boms  Damn.  p. 
26.) 

IV,  0/  the  Remedies  of  the  Heir /or  Recovering 
his  Rights.  —  A  son  or  other  male  descendant  might 
enter  and  take  possession  of  the  estate  immediately 
after  the  owner^s  death.  (Isaeus,  de  Pyrr.  her. 
§  72,  de  dr.  her.  §  47.)  If  he  was  prevented  from 
BO  doing,  he  might  bring  an  action  of  ejectment 
against  the  intruder.  [Embatbia.]  Anyone  who 
disturbed  a  minor  in  the  enjoyment  of  his  patrimony 
was  liable  to  a  criminal  prosecution  (Kcuc^aews 
tl<Tayyt\ia,  Isaeus,  de  Pyrr.  her,  §  76).  As  to 
the  proceedings  in  case  of  heiress,  see  EpiCLBRua 

Other  heirs  at  law  and  claimants  by  adoption  or 
devise  were  not  at  liberty  to  enter,  until  the  estate 
-was  formally  adjudged  to  them.  The  proper  course 
was,  to  make  application  to  the  archon,  who  attended 
at  his  office  for  that  purpose  eveiy  month  in  the  year 
except  the  last  (Scirophorion).  The  party  who 
applied  was  regarded  as  a  suitor,  and  (on  obtaining 
a  hearing)  was  said  \ayxdy€iy  rov  KK-fipov.  (Isaeus, 
de  Hagn.  her.  §§  22,  40,  de  Pyrr.  her.  §  74,  de 
AsiypK  her.lii  Dem.  c.  Steph.  p.  1136.)  j 


HERES. 

At  the  first  regular  assembly  (an^ w  iiacKiista] 
held  after  he  had  received  notice,  the  archon  caio*^ 
proclamation  to  be  made,  that  such  a  penoa  h^ 
died  without  issue,  and  that  such  and  soch  p:T9^ 
claimed  to  be  his  heirs.  The  herald  then  tskei 
ef  TIT  iifi^iafi^taf  1l  inpaKaralSdXXtip  /iovAfr^ 
rov  KKiipov  ;  these  words  are  variously  interprH-^ 
Perhaps  the  best  expianation  is  this:— *A^ 
€fiT€iy  is  a  term  of  general  import,  applied  to  a| 
who  dispute  the  title  of  another,  and  voold  ij^ 
elude  those  who  claimed  a  moiety  or  otber  ihail 
of  the  estate.  JlapoKaralSdXXfu^  signifies  to  nak| 
a  deposit  by  way  of  security  for  cosij,  which  n^ 
required  of  those  who  maintained  their  ezctesivj 
title  to  the  whole  inheritance.  Perhaps,  hovere^ 
the  payment  in  this  case  was  optional,  and  mkH 
be  intended  for  the  mere  purpose  of  compdling  tbj 
other  parties  to  do  the  same.  The  deposit  thq 
paid  was  a  tenth  part  of  the  value  of  the  propenj 
in  dispute,  and  was  returned  to  the  party  if  sue! 
cessfrd.  (Pollux,  viiL  32,  95  ;  Isaeus  de  Meat 
her.  §  13,  de  Hagu.  her.  §  20  ;  Dem.  e.  Mmrt 
p.  1051,  e.  Leock.  pp.  1090—1093.) 

If  no  other  claimant  appeared  the  aithoo  ad- 
judged the  estate  to  the  first  suitor  {iw^offo 
odfT^  rhr  tcKripoy).  If,  however,  there  were  ad^ 
verse  claims,  he  proceeded  to  prepare  the  caosefai 
trial  (5(a5i«ccurfa).  First  came  the  iarixptfts,  ia 
the  usual  way,  except  that  no  party  was  considerrd 
as  plaintiff  or  defendant ;  and  the  hills  in  which 
they  set  forth  their  respective  titles,  were  ahed 
iarrtypa^al.  (Harpocr.  s.  v. ;  Dem.  &  Ofymp.  pp. 
1173,  1175.)  The  dicaaU  were  then  to  be  ma- 
moned,  and,  whatever  the  number  of  parties,  one 
court  was  held  for  the  decision  of  all  their  daim& 
If  any  one  neglected  to  attend  on  the  appointed 
day,  and  had  no  good  excuse  to  ofier,  his  elaini«i< 
struck  out  of  the  record  (dirypd^  ii  ifi^iff6itr^u\ 
and  the  contest  was  carried  on  between  the  remun* 
ing  parties,  or,  if  but  one,  the  estate  was  avardt^ 
to  him.  (Dem.  e.  Olymp.  p.  1 174.)  The  trial  ns 
thus  managed.  The  dicasts  had  to  give  their 
verdict  either  fi)r  one  person  proving  a  title  to  ibe 
whole,  or  for  several  persons  coming  in  mia  die 
same  title,  as  (for  instance)  two  brothers  entitled 
each  to  a  moiety.  One  ballotting  box  therefore 
was  provided  for  every  party  who  appeared  in  t 
distinct  interest  The  speeches  were  measoitd  br 
the  clepsydra.  Each  party  had  an  A^i^^'-J  of 
water  for  his  first  speech,  and  half  that,  or  three 
Xoe«y  for  the  second.  (Isaeus,  de  Hagu.  her.  \  30, 
&c ;  Dem.  o.  Macart.  p.  1052.)  That  ihae  ar- 
rangements gave  rise  to  fraud  and  eoIJiui«i>  is 
cletu^y  shown  in  the  cases  above  cited. 

The  verdict,  if  fiiiriy  obtained,  was  final  againit 
the  parties  to  the  cause.  But  any  other  persofl, 
who  by  absence  or  unavoidable  accident  iru  I^ 
vented  fit)m  being  a  party,  might  afterwardi  bnng 
an  action  against  the  successful  candidate,  to  rr- 
cover  the  estate.  He  was  then  obliged  to  ps}*  hu 
deposit  (vapojcaraffoX^),  summon  the  defendani, 
and  proceed  in  other  respects  as  in  an  orfiio^ 
suit.  This  he  might  do  at  any  time  daring  the 
life  of  the  person  in  possession,  and  within  £« 
years  after  his  death.  (Isaeus,  dePyr.her.liO; 
Dem.  0.  Olymp.  p.  1 175,  c.  Maeart  ^  1054.) 

It  has  hitherto  been  supposed  that  a  m^t^ 
was  raised  between  the  litigant  parties,  vis.  w""^ 
entitled  to  poaaeas  the  estate  ;  and  that  ^y  P^ 
ceeded  at  once  to  the  trial  of  such  iswe.  ThB»i« 
called  f^Surlf   tUriitw.    The  canie,  hoveveik 


HERES. 

mlzht  beeome  more  complicated,  if  one  of  the 
putieschoK  to  make  exoepftion  to  the  right  of  anj 
other  to  dispate  his  title :  this  wu  done  by  tender- 
ing an  BBdawit(9iafiafnvpia)  twem  either  by  him- 
Mif  or  by  another,  wherein  he  dedared  that  the 
esate  was  not  the  sabject  of  litigation  Qiii  M^hcqs\ 
and  alleged  aoaae  matter  of  fact  or  law  to  support 
liii  asKrtioii.  Sons,  adopted  sons,  and  perwns  in 
Icfsi  poaseauon,  were  allowed  this  edTsntage. 
For  example,  «  witness  might  depose  that  the  last 
oceopier  had  lefl  male  issne  sarriTing  him,  and 
th«nfbR  the  property  eooM  not  be  claimed  by  any 
rtCsieia]  relatrre  or  derisee :  or  that  the  title  had 
already  been  legally  determined,  and  that  the  new 
dsiBiaats  wefe  not  at  liberty  to  reopen  the  qnes- 
t:3iL  This  had  the  effect  of  a  dilatory  plea,  and 
fftaved  farther  proceedings  in  the  cause.     (laaeus, 

52,  de  PffT.  §  3  ;  Dem.  e.  LboA.  p.  1097.)  If 
then  the  niior  was  resolTed  to  prosecute  his  claim, 
be  had  no  other  ooorae  bnt  to  procnre  a  oonriction 
cf  the  witness  (who  had  sworn  the  affidavit)  in  an 
actaao  fat  fidae  testimony  (Slciy  ^v8ofiafirupic»ir). 
Enaipks  of  soeh  actions  are  liie  causes  in  which 
DeoMithenes  was  engaged  against  Leochares,  and 
Ineos  for  the  eatate  of  Philoctemon.  On  the  trial 
ef  the  witaeaa  the  questions  were,  first,  the  truth 
cf  the  facts  deposed  to  ;  secondly,  their  leaal  effect, 
if  trae.  With  respect  to  the  witness,  the  conse- 
qiienees  were  the  same  as  in  any  other  action  for 
blse  testimony.  [Marttria.]  With  respect  to 
the  original  canse  nothing  fiother  was  determined, 
tbaa  t^  it  could  or  could  not  beentertained  ;  the 
Imfta^TVfia  in  this  particular  resembling  the  vnpo- 
7paf4>  If  the  eonrt  decided  that  the  suit  could 
be  esteitained,  the  parties  proeeeded  to  trial  in  the 
Biacoer  befinne  explained. 

As  to  the  farther  remedies  to  be  pursued  by  the 
neoeaiful  party,  in  order  to  obtain  the  fruits  of  hie 
jadgmeat,  see  Embatkia  and  Exoulbs  Diss. 
And  on  this  part  of  the  subject  see  Meier,  A  U,  Proc 
pp.  469, 6 1  (s  638  ;  Pkitner,  Ait,  Proc  yoL  i.  p^  163, 
vol  ii.  p.  309. 

V.  QTlfts  (MgaAmMtowhiA  t&s  Heir  nteoMded. 
—The  fiiBt  duty  of  an  heir,  as  with  us  of  an  exe- 
cotoc,  was,  to  bury  the  dead  and  perform  the  cus- 
tooiary  fimeral  rites  (ri  rofufituva  wouty).  It  is 
weil  Imown  what  importance  was  attached  to  this 
by  the  ancients^  The  Athenian  law  regulated  the 
time  of  borial,  and  the  order  in  which  the  female 
relatiais  should  attend.  If  no  money  was  left  to 
pay  the  expenses  of  buri^  still  the  nearest  rela- 
tires  were  bound  to  defray  them  ;  and  if  they 
nefkcled  to  perform  their  duty,  the  chief  niagis- 
tcaie  (H^copxot)  of  the  demus,  ia  which  the  death 
taok  place,  afier  warning  them  by  public  notice 
(imp^  ind  ddirrcir,  icol  KaBal^u^  rhw  3q|u>y), 
got  the  work  done  by  contract,  paid  &r  it  himself^ 
sod  «as  then  empowered  to  sue  them  fiar  double 
the  ameont.  When  a  rich  man  died,  there  was 
DO  backwMdness  about  his  funend.  It  is  rather 
amoiing  to  see  how  eagerly  the  relations  hastened 
to  shew  respect  to  his  memory,  as  if  to  raise  a  pre- 
soBption  of  their  being  the  heirs.  (Isaeus,  de 
A^Spkher,  §  40,  de  dr. her,  §§  29—33,  de  Ni- 
oA  Aer.  §§  9,  25  ;  Dem.  e,  Maeart  pp.  1069, 
1071.) 

ChildRn,  who  neglected  to  bury  their  narents, 
vere  liable  to  a  criminal  prosecution  (ypa^ni  kokv- 
9*m  Torliiir),  just  as  they  were  for  refusing  to 
■opport  or  assist  them  in  their  lifethne.    The  word 


HEREa  397 

rorcir  in  this  case  includes  all  anceston.  (Meier, 
<i0Boa.Z>iMM.p.  126.) 

Among  heritable  oblupttions  may  be  reckoned 
that  of  marrying  a  poor  heiress  (;^<r<ra),  or  giving 
her  in  marriage  with  a  suitable  portioa  (Seo 
Epiclsrus,  and  Meura.  Them,  Att,  i  13.) 

That  the  heir  was  bound  to  pay  the  debts  of  the 
deceased,  as  £ur  as  the  sssets  would  extend,  cannot 
be  doubted.  FiTo  years  seem  to  ha?e  been  the 
period  for  the  limitation  of  actions  against  him 
(trpoB^fffiia),  In  case  of  a  mortgage,  he  was  en- 
titled only  to  the  surplus  of  the  mortgaged  property, 
remaining  after  payment  of  the  debt  cha^^ 
thereon.  (Lys.  de  Bom.  PubL  §§  4,  5  ;  Isae>is, 
de  AriiL  Aer.  §  23 ;  Demosth.  e.  Caltpp,  p.  124^ 
e.  Spmd,  p.  1030,  c  Nautim,  pp.  988,  989.) 

State  debtors,  such  as  farmers  of  the  public  re- 
venue who  had  made  defiuilt,  or  persons  con- 
demned to  pay  a  fine  or  penalty,  were  disfian- 
chised  (ftr^coi)  until  they  had  settled  the  debt ; 
and  the  disgrace  extended  to  their  posterity.  Thus 
Cimon,  son  of  Miltiades,  was  compelled  to  pay  a 
fine  of  fifty  talents  which  had  been  imposed  on  his 
fiother ;  and  the  story  is,  that  Callias  advanced 
him  the  money,  in  return  for  the  hand  of  his  sister 
Elpinice.  (Don.  c  Andrei,  p.  603,  e.  Theoc 
pp.  1322,  1327,  e.  Apkob,  p.  836,  pro  Cor,  p.  329, 
e.  MaeaarL  p.  1069.)  When  the  whole  of  a  man*s 
property  was  confiscated,  of  course  nothing  could 
descend  to  his  heir.  It  seems  to  have  been  a  com- 
mon practice,  in  such  a  case,  for  the  relations  of 
the  deceased  to  conceal  his  effects,  or  to  lay  claim 
to  them  by  pretended  mortgages.  Against  these 
frauds  there  were  severe  penalties,  as  may  be  seen 
from  the  speeches  of  Lysias,  c  PhUocr,  and  de  botu 
AritL     (Meier,  de  Bon,  Datnn.  p.  212.) 

The  posterity  of  those  who  were  put  to  death 
by  the  people,  or  were  convicted  of  certain  in- 
frunous  crimes,  such  as  theft,  inherited  the  irifda 
of  their  ancestors,  a  damnoia  herediias^  which  tikey 
could  not  decline  or  escape  from.  It  may  be  com- 
pared to  the  corruption  of  blood  following  upon 
attainder  in  the  feudal  law.  The  legislator  seems 
to  have  thought  that  such  children  mnst  be  the 
natural  enemies  of  their  country,  and  ought  to  be 
disarmed  of  all  power  to  do  mischief  We  cannot 
wonder  at  this,  when  we  consider,  that  with  re- 
spect to  private  fends,  it  was  deemed  honourable 
and  meritorious  in  the  child  to  preserve  the  enmity 
of  the  &ther  ;  and  we  find  public  prosecutors  (as 
in  the  opening  of  the  speech  of  Lysias  against 
Afforatus,  of  Demosthenes  against  Theocrines), 
tellxng  the  dicasts,  that  they  had  been  induced  to 
come  forward  by  a  desire  to  avenge  the  wrongs  of 
their  fiunily.  In  the  same  spirit  the  Athenian  law 
required,  that  men,  guilty  of  unintentional  homi- 
cide, should  remain  in  exile,  until  they  had  ap- 
peased the  nearest  rektives  of  the  deceased,  to 
whom  it  more  especially  belonged  to  resent  and 
Ibigire  the  injury.  (Dem.  e.  Mid,  p.  551,  c. 
Arittoe,  pp.  640,  643,  e,  Arittog.  p.  790,  e,  Ma^ 
eart,  p.  1069  ;  Meier,  de  Bon.  Damn,  pp.  106, 
136.) 

Isaeus  tells  us,  that  parents,  who  apprehended 
their  own  insolvency,  used  to  get  their  children 
adopted  into  other  families,  that  they  might  escape 
the  consequences.  {De  Aritt.  her,  §  24.)  This  how- 
ever could  not  be  done,  after  the  inftuny  had  once 
Attached.  (Meier,  de  Bon,  Damn,  p.  136  ;  Aesch. 
c.  Oea.  §  21,  ed.  Bekk.) 

We  find  no  mention  of  property  escheating  to 
QQ  3 


B9d 


HERES. 


the  state  of  Athens  for  want  of  heirs.  This  pro- 
buhly  arose  from  a  principle  of  Athenian  law,  ac* 
cording  to  which  no  civic  fiunily  was  suffered  to 
expire  ;  and  therefore  the  property  of  an  intestate 
was  always  assigned  to  such  person  as  was  most 
fit  to  be  his  successor  and  representative.  With 
aliens,  and  those  illegitimate  children  who  were 
regarded  as  aliens,  it  was  no  doubt  otherwise. 
(Meier,  de  Bon,  Damn.  p.  148.)         [C.  R.  K.] 

2.  Roman.  When  a  man  died,  a  certain 
person  or  certain  persons  succeeded  to  all  his 
property,  under  the  name  of  heres  or  heredet: 
this  was  a  universal  succession,  the  whole  property 
being  considered  a  universitas.  [Univbrsitas]. 
Such  a  succession  comprehended  all  the  rights  and 
liabilities  of  the  person  deceased,  and  was  ex- 
pressed by  the  term  Hereditas.  The  word  here- 
ditas  is  accordingly  defined  to  be  a  succession  to 
{Jl  the  righto  of  the  deceased  (Dig.  50.  tit  16. 
a  24.)  ;  and  sometimes  it  is  used  to  express  the 
property  which  is  the  object  of  the  succession. 
The  term  pecunia  is  sometimes  used  to  express  the 
whole  property  of  a  testator  or  intestate  (Cic  cfo 
Invent,  il  21  ;  Gains,  ii.  104)  ;  but  it  only  ex- 
nresses  it  as  property,  and  therefore  the  definition  of 
hereditas  by  pecunia  would  be  incomplete.  Cicero 
(Top.  6)  completes  the  definition  thus :  —  ••  Here- 
ditas est  pecxmia  quae  morte  alicujus  ad  qnempiam 
pervenit  jure,  nee  ea  aut  legata  testamento  aut 
possessione  retenta.**  The  negative  part  of  the 
definition  excludes  legacies,  and  property  of  the  de- 
ceased, the  ownership  of  which  is  acquired  by  a  suf- 
ficient possession  of  it  The  word  **  jure  **  excludes 
the  **  bonorum  possessio,**  in  opposition  to  which 
the  hereditas  is  appropriately  called  "  justa."  The 
Herts  was  the  person  who  acquired  all  that  had  be- 
longed to  another,  morte  and  jure  ;  the  etymolo- 
gical relation  of  the  word  to  herus  seems  probable. 

A  person  might  become  a  heres  by  being  named 
as  such  (insHtutua^  seripiusy  /actus)  in  a  will,  exe- 
cuted by  a  competent  person,  accordmg  to  the  fi^rms 
required  by  law  [TestAmxntumJ.  If  a  person 
died  intestate  {intestatus)^  or  having  made  a  will 
which  was  not  valid,  the  inheritance  came  to  those 
to  whom  the  law  gave  it  in  such  cases,  and  was 
called  hereditas  l^tima  or  db  iniestato.  But  a 
man  could  not  die  testate  as  to  part  of  his  property 
and  intestate  as  to  another  part,  except  he  were  a 
soldier  (cujus  sola  voluntas  m  testando  spectatur). 
Accordingly,  if  a  man  gave  a  part  of  the  hereditas 
to  one  heres  or  more,  and  did  not  dispose  of  the 
rest,  the  heres  or  heredes  took  the  whole.  (Inst 
il  tit  14.  §  5  ;  Cic.  de  Invent,  ii.  21  ;  Yangerow, 
Pandekten^  &c.  vol.  ii.  p.  5.) 

In  order  that  a  testamentaiy  succession  should 
take  place,  the  person  dying  must  have  such  righto 
as  are  capable  of  being  transmitted  to  another  ; 
consequently  neither  a  slave,  nor  a  filius-fiimilias, 
according  to  the  old  Roman  law,  could  make  a 
heres.  Also,  the  person  who  is  made  heres  must 
have  a  legal  capacity  to  be  heres. 

The  institution  of  a  heres  was  that  formality 
which  could  not  be  dispensed  with  in  a  will.  If 
the  testator  named  no  heres  or  heredes,  and  com- 
plied with  all  the  other  legal  forms,  still  his  dispo- 
sition of  his  property  was  not  a  will.  The  heres 
called  heres  directus,  or  simply  heres,  represented 
the  testator,  and  was  thus  opposed  to  the  heres 
fideicommissarius.  [Fidbicommissum.]  The  tes- 
tator might  either  name  one  person  as  hexes,  or 
lie  might  name  sereral  heredes  {ooheredes)^  and  he 


HERES. 
might  divide  the  hereditas  among  them  ii  1m 
pleased.  The  shares  of  the  heredes  woe  genoallr 
expressed  by  refierence  to  the  divisioiiB  of  the  Ai': 
thus,  **  heres  ez  asse  **  ii  heres  to  the  whole  pn! 
perty  ;  **  heres  ex  dodrante,*'  heres  to  time. 
fourths  ;  heres  **ez  semunda,**  heirto  ooetvaty- 
fourth.  (Cic  ad  Aft.  xiiL  48,  vii  8 ;  Cic  Pfo 
Oleoma^  6  ;  Inst2.  tit  14.  §  5.)  If  there  «m 
several  heredes  named,  without  any  definite  sbim 
being  given  to  them,  the  property  beknged  to 
them  in  equal  shares.  A  heies  nugfat  be  izsti- 
tuted  either  unconditionaDy  (/wrv),  or  ooaditiaBa!]? 
(m6  conditions). 

If  the  testator  had  a  legal  capacity  to  ditpone, 
and  if  his  will  was  made  in  due  fbnn,  the  fim  in- 
quiry as  to  the  heres  waa,  whether  he  bad  a  leg&I 
capacity  to  take  what  was  given  to  him.  He  msit 
have  this  capacity  at  the  time  of  the  institDtsm,  or 
the  institution  is  null  •  and  in  order  ts  take  be 
must  have  the  capacity  to  take  (Inst  2.  tit  19. 
§  4),  at  the  time  of  the  testator's  death,  md  at 
the  time  of  accepting  the  inheritanoe.  This  capadtr 
mi^t  be  expressed  by  the  word  **  testamath 
factio,**  an  expression  which  had  refereoce  sot 
only  to  the  legal  capaci^  of  the  testator,  batik 
to  the  legal  capacity  of  the  person  umed  hefek 
As  a  general  rule,  only  Roman  dtisens  eoold  be 
named  as  heredes  in  the  will  of  a  Ronnn  dtiieo ; 
but  a  shve  oonld  also  be  named  heres,  tboogb  he 
had  no  power  to  make  a  will,  and  a  filins-frmiliai 
could  also  be  named  heres,  thongh  he  wsi  oader 
the  same  incapacity  ;  for  the  slave,  if  he  belonged 
to  the  testator,  could,  by  his  masterli  teftuneot, 
receive  his  freedom  and  become  heres ;  and  if  be 
belonged  to  another,  he  took  the  inkeritanee  ^ 
the  benefit  of  hu  master :  the  filius-fomiliai  in  like 
manner  acquired  it  for  his  fiUher.  Penoos,  not 
Roman  citizens,  who  had  received  the  ceDunerciim, 
could  take  hereditates,  legata  and  fiddcomnnMs 
by  testament  (Cic  pro  Oaeein,  7, 32 ;  Strigoj, 
Zeitsehri/t,  vol  v.  p.  229,  SfMtem^  &e.  toL  ii.  pi  27.) 
Heredes  were  either  Necessarii,  Sol  et  Nece»- 
sarii,  or  ExtraneL  The  heres  necessarios  wu  a 
skve  of  the  testator,  who  was  made  a  berei  and 
liber  at  the  same  time ;  and  he  was  odled  oecea- 
sarius,  because  of  the  necessity  that  he  «bi  under 
of  accepting  the  hereditas.  A  slave  was  sometinM 
appointed  heres,  if  the  testator  thoaght  that  he  vai 
not  solvent,  for  the  purpose  of  evadmg  the  igsoni- 
nia  which  was  a  consequence  of  a  petson^  pre* 
perty  being  sold  to  pay  hia  debts,  as  explained  bj 
Oaius  (il  154,  &c.).  The  heredes  sal  etoeceaani 
were  sons  and  daughtot,  and  the  sons  and  daogb- 
ters  of  a  son,  who  were  in  the  power  of  a  teitater ; 
but  a  grandson  or  granddaughter  coaM  not  be  a 
snus  heres,  unless  the  testatorli  sod  had  ceased  to 
be  a  suus  heies  in  the  testatcr^  lifetime^  either  br 
death  or  being  released  from  his  power.  Theie 
heredes  sui  were  called  necensttii,  becsnse  of  the 
necessity  that  they  were  under,  according  to  tb« 
civil  kw,  of  taking  the  hereditas  with  its  incom- 
brances.  But  the  praetor  pennitied  such  penom  to 
refuse  the  hereditas  (oMaers  se  <A  k&eiitdt\ 
and  to  allow  the  property  to  be  sold  to  pay  tbe 
testator^s  debto  (an  instance  is  mentioned  by  Ot. 
Phil,  il  16)  ;  and  he  gave  the  same  pnril^  to  a 
mancipated  son  {qui  in  oamsa  rnandfH  sA).  Au 
other  heredes  are  called  extrsnei,  and  oomprcbend 
all  persons  who  are  not  in  the  power  of  a  **"**J5 
such  as  emancipated  children.  As  a  mother  bad 
no  potestas  over  her  childreo,  they  wwe  atium 


HERBS. 

\miet  when  nuned  heredes  in  her  wiS.  Sztnmei 
kredea  had  the  potestaa  or  jus  delibefandi  (Dig. 
2S.  CL  8.  1. 1),  or  priTil^gv  of  conAderiog  whe- 
titer  they  woold  accept  the  hez«ditu  or  not :  but 
ii'  either  extianei  heredes,  or  those  who  had  the 
AbitziieBdi  potestas,  meddled  with  the  teatator'i 
fnpar^,  thej  could  not  aftenrarda  dieclaim  the 
sberitaoee,  nnleaa  the  perMu  who  had  ao  meddled 
ms  mda  tventjr-fiTe  jean  of  age,  and  ao  be- 
U^'^  to  a  dan  who  were  rdiered  by  the  praetor 
k  a£  cues  where  thej  were  OTerreached  [Cuba* 
Toi],  and  alee  in  caaea  where  they  had  accepted 
13  iuolTeot  hcreditaa  (dcMmoaa  hendUtui).  The 
fopefw  Hadrian  gave  thia  rdief  to  a  person 
above  tveoty-five  years  ef  age  who  had  accepted 
an  hcreditaa,  and  afterwards  discoTered  that  it  was 
iBcnmbered  with  a  heaTy  debL  (Gains,  ii.  163.) 

A  ceitaia  time  waa  allowed  to  extranei  for  the 
erttio  hmdHttiia^  that  ia,  for  them  to  determine 
whether  th^  woald  take  the  heredxtaa  or  not: 
ksBce  the  pfamse  "cemere  hereditatem.**  (Cic. 
oiAtLv.  12.)  Thus,  if  the  testator  had  writtoi 
io  bis  wiQ  *^  Heres  Tidos  esto,'*  he  ought  to  add, 
"C^niitoqae  ia  centnm  diebus  proxumis  quibns 
Ktes  pDtenacpie :  qood  ni  ita  crereris  ezheres  esto.^^ 
[Gma,  ii  1$5  ;  Cic  <Is  OraL  I  22.)  If  the  ez- 
traaeaa  viihed  to  take  the  hereditaa,  he  was  re- 
({lured  to  mskea  fiormal  declacadon of  his  intention 
vithiD  the  time  naaaed  (jmira  dimn  eretioma).  The 
fonoal  words  of  oetion  were  **eam  hereditatem 
adeo  cemoqine.**  Unleaa  he  did  this,  he  lost  the 
beicdilaB,  and  he  could  not  obtain  it  merely  by 
aetiog  as  heres  {pro  hereia  gtrmdo).  If  a  peraon 
m  nanied  heres  witkoat  any  time  of  cretion  being 
i-iti,  or  if  he  succeeded  {legitimo  jure)  to  the 
^>^xrtj  of  an  intestate,  he  might  become  heres 
wiihoit  any  fetmal  declaration  of  his  intention, 
acd  oight  take  posaeaaum  of  the  hereditas  when 
hs  ^eattd :  but  me  praetor  was  accustomed,  upon 
the  denand  of  the  creditors  of  the  testator  or  in- 
teMate,  to  name  a  time  within  which  the  heres 
^»^d  take  pnwewion,  and  in  default  of  his  doing 
iOf  be  gave  the  creditors  permission  to  sell  the 
pnpert J.  The  common  form  of  oetion  in  the  will 
{tfdgans  enth)  haa  been  already  mentioned. 
Sooetisiea  the  words  **  qaibus  adet  poteritque  " 
veie  onitted,  and  it  was  Uien  specially  called 
"eictio  ccrtoram  dienun,**  which  was  the  more 
disMlTgntafeoas  to  the  heres,  as  the  days  began  to 
be  leckoned,  or,  as  we  aay,  the  time  began  to  run 
^fmediately,  and  it  was  not  reckoned  from  the 
time  when  the  heres  knew  that  he  was  named 
h^res,  and  had  no  impediment  to  his  cretion. 

It  «aa  not  unusual  to  make  seyend  degrees  of 
beredca  ia  a  wiU,  which  waa  called  wbeUMio, 
<lD8t  2.  tit  15.)  Thus  in  the  foimula  begiiming 
^Hcrei  Titiua,"  At,  after  the  words  "  exheres 
e^""  the  testator  might  add,  '^Tum  Maevius 
heres  esto  cemitoqne  in  diebus  centum,**  &c.  ;  and 
he  Blight  ga  on  snbstiteting  as  ftr  as  he  jdeased. 
The  peraon  fint  named  as  heres  {primo  gradu) 
beaiae  heres  by  the  act  of  cretion ;  and  the 
iBbitinitBa  {mamdmt  kerea^  Cic.  Top,  10  ;  Hor. 
^  ii  5.  48  ;  Tadt.  AtuL  i  8)  was  then  entirely 
exduded.  If  the  words  **  si  non  creveris  "  were 
Oct  followed  by  words  of  ezheredation,  this  gave 
Mne  adTsnti^^  to  the  first  heres :  for  instance,  if 
K  ugl«cted  die  formality  of  cretion,  and  only  acted 
tthent,  he  did  not  lose  all,  but  shared  the  hereditas 
«jaa%  with  the  sabetitnted  peraon.  This  was  the 
«&x«Ui  hot  a  oonstitution  of  M.  Antonmus  made 


HERKS.  599 

the  acting  as  hens  equivalent  to  cretion,  provided 
such  acting  took  pboe  within  the  time  of  cretion. 
(Compare  Gains,  li.  177,  dtc,  with  Ulpian,  Frag. 
zxii.  34.) 

In  the  case  of  liberi  impnberes,  who  were  in  the 
power  <tf  a  testator,  there  might  be  not  only  the 
kind  of  substitution  just  mentioned  {vid^faria  aub- 
aiHMiio)y  but  the  testator  might  declare  that  if  such 
childroi  should  live  to  become  his  heredes,  and 
should  die  impnberes,  some  other  penon,  whom  he 
named,  should  be  his  heres.  This  was  expressed 
thus,  **  si  prins  moriatur  quam  in  suam  tutelam 
venerit  ^  (Cic  de  luoant  u.  42,  Top,  10  ;  Oaius, 
ii  179X  for  the  tennmation  of  impuberty  and  of 
the  tntela  were  coincident  [Curator.]  Thus, 
as  Qaius  remarks,  one  testamentary  disposition 
comprised  two  hereditates.  This  was  called  pipil- 
laris  substitutio.  (Inst  2.  tit  16.)  This  kmd  of 
substitution  was  contained  in  a  dause  by  itself  and 
in  a  separate  part  of  the  will,  which  was  secured 
by  the  testator^  own  thread  and  seal,  with  a  pro- 
vision in  the  fint  part  of  the  will  that  thia  aeoond 
part  should  not  be  opened  so  long  as  the  son  lived 
and  was  impubes.  A  substitution  could  also  be 
made  in  the  case  of  children  being  exheredated 
(disinherited)  by  the  parent's  will,  and  the  sub- 
stituted peraon  then  took  all  that  the  pupiilus  ac- 
quired by  hereditaa,  legatum  (legacy)  or  gift. 
Oaius  observes  (iu  183)  that  all  his  remarks  with 
reference  to  substitution  for  children  impnberes, 
when  made  heredes  or  exheredated,  apply  to  post- 
humous (/wateau)  children,  of  which  thiere  is  an 
example  dted  by  Cicero  {Top.  1 0.  Si  filius  natuf 
asset  in  decem  mensibus,  &c). 

If  an  extranens  was  made  heres,  there  could  be 
no  substitution  to  the  effect,  that  if  he  died  within 
a  certain  time,  another  person  shonld  be  herm :  for 
though  a  testator  could  attach  a  condition  to  be 
performed  before  a  person  could  take  the  hereditas, 
a  person  when  he  had  once  become  hens  continued 
such.  The  case  of  a  pupillaris  snbatitntio,  which 
was  an  exception  to  this  general  rule,  was  probably 
founded  on  the  patria  potestas.  The  heres  might, 
however,  be  charged  with  a  fideicommissum,  in 
which  case  he  was  heres  fiduciarius.    [Fioxiooii- 

1II68UM.] 

As  to  conditions  which  the  heres  was  bound  to 
perform,  they  might  be  any  that  were  not  contrary 
to  positive  law  or  positive  morality ;  snch  as  the 
setting  up  of  statues,  &c  (Cic.  Verr.  ii.  8, 9, 14), 
or  changing  tiie  name  {ad  AtL  vii.  8).  Impoa- 
siUe  conditions  were  treated  as  if  there  were  no 
conditions  mentioned  (pro  non  acripto,  Inst  2.  tit 
14.  s.  10). 

If  a  man^  own  slave  was  made  heres  by  his 
will,  it  was  necesaaiY  that  he  shonld  be  made  firee 
also  by  the  will :  the  words  were  **  Stichns  ser- 
vus  mens  liber  hereaque  eato.**  If  the  slave  were 
not  made  free  by  tiie  tealament,  he  could  not  take 
under  it,  even  if  he  were  manumitted  by  his 
master,  and  of  course  he  could  not  if  he  were  aold ; 
and  the  reaaon  is,  that  the  institution  was  not 
valid.  If  he  was  instituted  free  as  well  as  heres, 
he  became  both  a  fireeman  and  heres  neoeaaaiius  by 
the  death  of  hia  master :  if  he  was  manumitted  by 
his  master  in  his  lifetime,  he  might  accept  the  in- 
heritance or  refuse  it.  If  he  was  sold  by  his  mas- 
ter in  his  lifetime,  he  could  take  possession  of  the 
inheritance  with  the  permission  of  his  new  master, 
who  thus  became  heres  through  the  medium  of  his 
slave.  If  the  slave  who  was  made  heres  was  at 
QQ  4 


600 


HERES. 


that  tnne  the  property  of  another  penoiL»  and  not 
of  the  testator,  he  could  not  take  the  inheritance 
without  the  consent  of  his  master,  for  if  he  took  it 
his  master  became  heres :  if  sach  slave  was  manu- 
mitted before  taking  possession  of  the  inheritance, 
he  might  accept  it  or  refuse  it  as  he  pleased. 

If  an  Ingenuus  died  intestate,  either  from  not 
having  made  a  will,  or  having  made  a  will  but  not 
in  due  form,  or  having  made  a  will  in  due  form 
which  afterwards  became  invalid  (ruptumy  irrihm\ 
or  if  there  was  no  heres  under  the  will,  the  here- 
ditas,  according  to  the  law  of  the  Twelve  Tables, 
came  to  the  heredes  sui,  and  was  then  called  /«- 
ffititna  hereditas.  (Gains,  iii.  2.)  The  heredes  sui 
were  **  liberi  ^  in  the  power  of  the  testator  at  the 
time  of  his  death  ;  the  term  liberi  comprehended 
not  only  children,  but  the  children  of  the  testator's 
male  children,  and  the  children  of  a  son's  son. 
Adopted  children  were  considered  the  same  as 
other  children.  But  grandchildren  could  not  be 
heredes  sui,  unless  their  father  had  ceased  to  be 
in  the  power  of  die  intestate,  either  by  death  or  in 
any  otner  way,  as  by  emancipation.  A  wife  in 
manu  being  considered  as  a  diiughter,  and  a 
daughter  in-law  (nunu)  in  manu  filii  being  con- 
sidered a  granddaughter,  were  sui  heredes ;  but 
the  latter  only  when  her  husband  was  not  in  the 
power  of  the  intestate  at  the  time  of  his  death. 
Posthumous  children,  who  would  have  been  in  the 
power  of  the  intestate  if  he  were  living,  were  also 
sui  heredes.  The  sui  heredes  took  the  hereditas 
in  equal  shares.  If  there  was  a  son  or  daughter, 
and  children  of  a  son  deceased,  the  children  of  the 
deceased  son  took  the  portion  which  their  parent 
would  have  taken.  But  the  distribution  was  in 
eiirpet,  that  is,  among  the  stocks  or  stems  sprung 
from  the  ancestor,  and  not  in  capita^  or  among  the 
individuals :  thus,  if  there  were  a  son,  and  the  sons 
of  a  deceased  son,  the  son  would  take  half  of  the 
hereditas,  and  the  sons  of  the  deceased  son  would 
take  the  other  hal^  in  equal  shares* 

If  an  intestate  had  no  sui  heredes,  the  Twelve 
Tables  gave  the  hereditas  to  the  agnati.  (Gaius, 
iii.  9.)  It  is  stated  under  Coqnati,  who  are  agnati. 
The  hereditas  did  not  belong  to  all  the  agnati,  but 
only  to  those  who  were  nearest  at  the  time  when 
it  was  ascertained  that  a  person  had  died  intestate. 
If  the  nearest  agnatus  either  neglected  to  take  the 
inheritance  or  died  before  he  had  taken  possession 
of  it,  in  neither  case  did  the  next  in  succession,  as 
agnatus,  take  the  inheritance.  He  was  the  nearest 
agnatus  who  was  nearest  at  the  time  when  it  was 
ascertained  that  a  person  had  died  intestate,  and 
not  he  who  was  nearest  at  the  time  of  the  death  ; 
■the  reason  of  which  appears  to  be  that  the  heredi- 
tas was  in  a  sense  the  property  of  the  intestate 
until  his  heir  was  ascertained,  and  his  heir  could 
not  be  ascertained  until  it  was  certain  that  he  had 
left  no  will ;  and  as  Gaius  observes,  if  he  had  left 
a  will,  still  it  might  happen  that  no  person  would 
be  heres  under  that  will ;  and  acrardingly  it  seemed 
better,  as  he  observes,  to  look  out  for  the  nearest 
agnatus  at  the  time  when  it  is  ascertained  that 
there  is  no  heres  under  the  will  If  there  were 
several  agnati  in  the  same  degree,  and  any  one 
refused  to  take  his  share  or  died  before  he  had 
assented  to  take  it,  such  share  accrued  (qdcrevit) 
to  those  who  consented  to  take  the  hereditas. 

In  the  case  of  women,  there  were  some  peculi- 
arities which  arose  from  their  legal  condition 
(Gaius,  iii.  U).    The  hereditates  of  women  intes- 


HERES. 
tate  came  to  their  agnati  just  as  tli6  innentaBces 
of  males  •  but  women  who  were  beyond  the  deffrpc 
of  oonsanguinei  (a  term  which  I^bIIt  means  br^ 
thers  and  sisten)  could  not  take  liereditatcs  a:» 
intestato.  Thus,  a  sister  might  take  from  a  btocher 
or  sister  as  legitima  heies ;  hnt  an  amit  «-  a 
brother's  daughter  could  not  be  a  legitima  hert*. 
The  principle  of  Roman  law  which  gave  to  thoM 
who  came  into  the  potestas  or  mairas  the  ija^tr 
of  children  of  the  blood,  was  followed  out  in  tk  § 
case  also :  a  mother  or  a  stepmother  who  had  c0D>e 
m  mmmm  friri  thereby  obtained  the  stataa  of  a 
daughter ;  and,  consequently,  as  to  lc|ptimate  sik- 
cession,  there  were  the  same  relatioiia  between  §ach 
mother  or  stepmother  and  the  hosbandls  cbildrei, 
as  there  were  among  the  husband'to  children  tfaes- 
selves.  By  the  Twelve  Tables  the  hereditas  of  ea 
intestate  mother  conld  not  come  to  her  chikirrr^ 
because  women  have  no  sui  heredes  ;  but  by  a 
SCtnm  Orphitisnum  of  M.Aatoninas  and  Con- 
modus,  the  sons  of  a  wife,  not  in  mann,  m%fat  lake 
as  her  legitimi  heredes,  to  the  ezdnnon  of  cocaar.* 
guinei  and  other  agnatL  (Ulpu  F'm^  zxvi  §  7  : 
comp.  Inst  3l  tit  4.) 

If  a  person  died  leaving  no  sui  heredes,  hot  oelv 
a  brother  and  another  brother  Is  children,  the  bro- 
ther took  all  as  the  nearest  agnatus.  If  there  was 
no  brother  surviving,  and  only  children  of  hreikm, 
the  hereditas  was  divided  among  all  the  chi^dn-n 
m  ccgidU^  that  is,  the  whole  was  eqnaUj  divided 
among  all  the  children. 

If  there  were  no  agnati,  the  Twelre  Tables  gare 
the  hereditas  to  the  gentiles.     [GBif&]  | 

Gaius  (iii.  18,  &c)  briefly  recapitulates  the  strict 
law  of  the  Twelve  Tables  as  to  the  hereditates  nf  I 
intestates : — emancipated  children  could  daim  no- 
thing, as  they  had  ceased  to  be  sui  heredes :  the 
same  was  the  case  if  a  man  and  his  children  were 
at  the  same  time  made  Roman  citizens,  unless  the 
imperator  reduced  the  children  into  the  power  f^ 
the  fiither:  agnati  who  had  sustained  a  capitis 
diminutio  were  excluded,  and  consequently  a  soq 
who  had  been  given  in  adoption,  and  a  daughter 
who  was  married  and  in  manu  viri :  if  the  next 
agnatus  did  not  take  possession,  he  who  was  next 
in  order  could  not  for  that  reason  make  any  claim : 
feminae  agnatae  who  were  beyond  the  degree  of 
consanguinei  had  no  daim:  cognati,  whose  kin- 
ship depended  on  a  female,  had  no  mntoal  rights 
as  to  their  hereditates,  and  consequently  there  woe 
no  such  mutual  rights  between  a  mother  sad  her 
children^  unless  the  mother  bad  come  in  nsnua 
viri,  and  so  the  rights  of  consanguinity  had  been 
established  between  them. 

Gaius  proceeds  to  show  (iiL  25,  &c)  hov  these 
inequitable  rules  of  the  dvil  law  were  modified  by 
the  praetor*s  edict  As  to  the  succession  of  cognad 
under  the  Imperial  legislation,  see  Inst  S.  tit  5, 
De  SCio  TertulL;  Cod.  6.  tit  58 ;  Nov.  118. 

If  a  man  had  a  son  in  his  power,  he  wss  boond 
either  to  make  him  heres,  or  to  exheredate  (eiskrv- 
dttre)  him  expressly  ( nomtiMltia).  If  he  pssied 
him  over  in  silence  (st/lni/io  ;)ftiefeKeriir),  the  vill 
was  altogether  void  (mati^  aoa  jmn  JketMm). 
Some  jurists  were  of  opinion  that  even  if  the  too, 
so  passed  over,  died  in  the  fiaither'S  lifetime,  there 
could  be  no  heres  under  that  will.  (Gains,  iL  12S, 
&c)  Other  liberi  could  be  passed  over,  sad  the 
will  would  still  be  a  valid  will ;  but  the  liheii  to 
passed  over  took  a  certain  portion  of  the  hereditas 
adcretedldo^  as  it  was  temiedy  or  Jure  adcmomii, 


HERES. 

For  ioalaoee;,  if  the  bercdea  institnti  were  toi,  the 
peson  or  penons  piiaed  orer  took  an  eqoal  share 
vidi  them.  If  the  heredea  institati  were  extranei, 
tbe  pemm  or  penons  passed  over  took  a  half  of 
the  whole  hcredltas  ;  and  as  the  pnetnr  gave  the 
eoatia  tabdhtf  hoDormn  posseasio  to  the  person  so 
passed  over,  the  extranei  were  deprived  of  all  the 
Wreditaa.  A  rescript  of  the  emperor  M.  Antonmos 
Ihnited  the  amount  which  women  could  take  by  the 
bLieonmi  poeaeaaio  to  that  which  they  could  take 
J8i«  adcreaoeodi  ;  and  the  same  was  the  law  in  the 
case  of  cmmKspated  females. 

It  was  neccaaary  either  to  institute  as  heredes, 

or  to  exheredate  posthumoos  children  mominatimy 

odierwiae  the  wiU,  which  was  originally  yalid, 

becBiae  inTaHd  (ruptmm) ;  and  the  will  became 

tDTalid  by  the  birth  either  of  a  posthnmous  son  or 

&3gfater,  oiv  as  the  phrase  was,  adgnascendo  mm- 

]KtQr  testamentom.    (Ci&  d»  Or.  L  57.)     Postumi 

were  not  only  those  who  were  bom  after  the  te»- 

tstoK^s  win  WAS  made,  and  came  into  his  power  or 

wold  hsve  come  into  his  power  if  he  had  lived, 

hot  also  tkoae  who  might  become  the  sui  heredes 

of  the  testator  by  the  death  of  some  other  penon 

in  the  teetatwis  lifetime    Thus,  if  a  tesUtor'k  son, 

vh«  iras  IB  Us  power,  had  children,  and  the  son 

died  in  the  testator^  lifetime,  the  grandchildren 

became  sui  faeredea,  and  the  testament  became 

nptom  by  this  quasi  agnatio:  it  was  therefore  a 

PcceasAiy  precaatiou  to  institute  as  heredes  or  to 

exhcredate  soch  grandchildren.     It  follows  that  if 

the  testament  cookL  be  made  invalid  by  this  quasi 

a^satio,  it  must  have  become  invalid  by  a  son 

being  bom  in  the  lifetime  of  the  testator,  unless 

^  will  had  provided  for  the  case  ;  for  it  became 

invalid  if  the  testator  adopted  a  son  or  a  daughter 

(Ulpian)  either  by  adrogation  or  adoption  properly 

■0  called,  after  the  date  of  his  will.     The  case  was 

the  ssme  if  he  took  a  wife  in  manum  after  the  date 

GfthewilL 

The  word  Postamus  has  cleariy  the  same  signi- 
fication as  Postremns,  and  literally  means  a  child 
bora  last  The  passage  of  Gains  is  defective  where 
he  treats  of  Postumi ;  but  the  definition  of  Postumi, 
as  pfeserved  in  the  Breviarium,  appears  to  be 
exact :  **•  Postmnorum  duo  genera  sunt :  quia 
postmni  adpellantnr  hi,  qui  post  mortem  patris  de 
UXOR  oati  fherint,  et  Oli  qui  post  testamentum 
Cactom  nascnntur.**  Sometimes  the  word  postumus 
»  defined  only  as  a  child  bom  after  a  father's 
death,  as  we  see  in  some  of  the  Olossae,  and  in 
Platarch  (S^a^  37) ;  but  there  is  no  proof  that 
the  wwtning  was  limited  to  such  children ;  and  the 
passages  sometimes  cited  as  being  to  that  effect 
(I>ig.  50.  tit  16.  s.  164 ;  28.  tit  3.  s.  8)  have  been 
BusnndetBtood. 

As  to  Postumi  aUeni,  see  Gains,  I  147,  il  242 ; 
Vangerow,  PttHdekte$iy  &c.  vol  ii.  p.  00. 

Other  caaea  in  which  a  valid  testamentum 
became  raptum  or  irritnm,  are  more  properly  con- 
sidered under  TasTASf xntum. 

The  strictness  of  the  old  civil  Uw  was  modified 
bv  tbe  praetorian  law,  which  gave  the  bonoram 
posaessio  to  those  who  could  not  take  the  hereditas 
bv  the  rules  of  the  dvil  law.     [Bonorum  Pos- 

8XS8IO.] 

The  beres  represented  the  testator  and  intestate 
(Ck.de Ley,  ii.  19^  and  had  not  only  a  daim  to  all 
his  pniperty  and  all  that  was  due  to  him,  but  was 
booiid  by  all  his  obligatioos.  He  succeeded  to  the 
ncrs  prirata,  and  was  bound  to  maintain  them, 


HERES. 


Ml 


but  only  in  respect  of  the  property,  for  the  obliga> 
tion  of  the  sacra  privata  was  attached  to  property 
and  to  the  heres  only  as  the  owner  of  it  llence 
the  expression  **"  sine  sacris  hereditas  **  meant  an 
hereditas  unencumbered  with  sacnu  (Plant  CapL 
iv.  1.  8,  THawn.  ii.  4.  83 ;  Festns,  «.  o.  Sim  9aen$ 
iensdiUu.) 

The  legislation  of  Justinian  released  the  heres, 
who  accepted  an  hereditas,  from  all  the  debts  and 
obligations  of  the  testator  or  intesute,  beyond 
what  the  property  would  satisfy,  provided  he  made 
out  an  inventory  {tnventariwm)  of  the  property  in 
a  certain  form  and  within  a  given  time.  (Cod.  6. 
tit  30.  a  22.)  It  also  allowed  the  institution  of 
a  man>  own  slave  as  heres  without  giving  him  his 
freedom.     (Inst  2.  tit  14;  compw  (3«ius,  ii.  185.) 

The  heres  could  claim  any  propertv  which  be- 
longed to  his  testator  or  intestate  by  the  heredita- 
tis  petitio  (Dig.  5.  tit  3.  a  20),  which  was  an  actio 
in  rem,  and  properly  belonged  to  a  heres  only, 
though  it  was  afterwards  given  to  the  bonoram 
possessor.  Each  heres  claimed  only  his  share. 
(Cic.  Pro  JRoee,  Cam,  c  18.) 

Theooheredes  shared  among  themselves  the  pro- 
perty, and  bore  their  share  of  the  debts  in  the  same 
proportions.  For  the  purpose  of  division  and  set- 
tling the  afiairs  of  the  testator,  a  sale  was  often 
necessary.  (Cic  ad  AtL  xi.  1 5.)  If  the  parties  could 
not  agree  about  the  division  of  the  property,  any 
of  them  might  have  an  actio  femiliae  erciscundae. 
[Familiab  Erc  Ac.] 

The  hereditas  might  be  alienated  by  the  form  of 
in  jure  cessio.  The  heres  legitimus  might  alienate 
the  hereditas  before  he  took  possession  of  it,  and 
the  purchaser  then  became  heres,  just  as  if  he  had 
been  the  legitimus  hem.  The  scriptus  heres  could 
only  alienate  it  after  the  aditio :  after  such  aliena- 
tion by  him,  or  by  the  heres  legitimus  after  aditio^ 
both  of  them  still  remained  heredes,  and  conse* 
qnently  answerable  to  creditors,  but  all  debts  due 
to  them  as  heredes  were  extinguished. 

The  hereditates  of  freedmen  are  more  properly 
considered  under  Libxrtx  and  Patronl 

Before  it  was  determined  who  was  heres,  the 
hereditas  was  without  an  owner,  and  was  said 
**  jacere.**  When  a  heres  was  ascertained,  such 
person  was  considered  to  possess  all  the  rights  in- 
cident to  the  hereditas  from  the  time  of  the  death 
of  the  testator  or  intestate.  But  this  does  not  ex- 
plain how  we  are  to  view  the  hereditas  in  the  in* 
terval  between  the  death  of  the  former  owner  and 
the  time  when  the  heres  is  ascertained.  During 
such  interval,  according  to  one  form  of  expression 
used  by  the  Roman  jurists,  the  hereditas  is  a  juris- 
tical person  (vice  personae  fungitur\  and  is  the 
domina,  that  is,  the  domina  of  itself ;  according  to 
another  form  of  expression,  it  represents  the  de- 
funct, and  not  the  person  of  the  future  heres. 
These  two  forms  are  the  same  in  meaning,  and 
they  express  a  fiction  which  has  relation  to  the 
legal  capacity  of  the  defunct,  and  not  that  of  the 
future  heres,  and  which  does  not  involve  the  no- 
tion of  any  juristical  personality  of  the  hereditas. 
The  rehttion  to  the  legal  capacity  of  the  defunct  is 
this :  —  Slaves  generally  belonged  to  an  hereditas. 
A  slave,  as  is  well  known,  could  acquire  property 
for  his  living  master,  even  without  his  knowledge  ; 
but  the  validity  of  the  act  of  acquisition,  in  some 
cases,  depended  on  the  legal  capacity  of  his  master 
to  acquire.  Now,  while  the  hereditas  was  without 
an  ascertained  owner,  many  acta  of  a  slave  by 


«02 


HERMAE. 


which  tbe  liereditaa  might  receive  additions,  were 
strictlj  Toid,  and  such  acts  could  only  hare  their 
legal  effect  on  the  supposition  that  ^e  slave  had 
an  owna  of  a  sufficient  legal  capacity  ;  and  accord- 
ingly, the  fiction  of  law  gave  validity  to  the  act  of 
the  slave  by  relation  to  the  known  \eg^  capacity 
of  the  late  owner,  and  not  by  relation  to  tne  yet 
unascertained  owner  who  might  not  have  such 
legal  capacity.  The  following  are  examples:  — 
**When  a  Roman,  who  had  a  legal  capacity  to 
make  a  will,  died  intestate,  and  another  person 
appointed  as  his  heres  a  slave,  who  belonged  to 
this  hereditas  which  was  still  without  an  owner,  such 
institution  of  a  heres  would  be  valid  by  virtue  of 
this  fiction,  because  it  had  reference  to  the  legal 
capacity  of  the  defanct  If  there  had  been  no  such 
fiction,  the  validity  of  the  institution  would  have 
been  doubtful,  for  the  unascertained  legitimus  heres 
might  be  an  intestabilis,  who  (at  least  according  to 
the  old  law)  could  not  be  instituted  heres.  —  If  a 
soldier  died  and  left  a  will,  which  was  not  yet 
opened,  another  testator  might  institute  as  heres  a 
slave  belonging  to  the  soldier^s  hereditas,  because 
the  institution,  according  to  this  fiction,  had  refer- 
ence to  the  deceased ;  but  if  there  were  not  this 
fiction,  the  institution  might  be  void,  inasmuch  as 
the  unascertained  heres  might  be  a  peregrinus  who 
had  no  testamentifiictio  with  this  otner  testator.  — 
It  was  to  provide  for  such  cases  as  these  only,  that 
this  fiction  was  introduced  ;  and  it  had  no  other 
object  than  to  Cacilitate  certain  acquisitions  by 
means  of  the  slaves  who  belonged  to  an  hereditas.** 

This  masterly  exposition  is  by  Savigny  (Sysiem 
de$  heut.  It  R.  vol.  iL  p.  363). 

(Gains,  2.  99—190,  3.  1—24  ;  Ulpian,  Froff, 
xxiL,  Dig.  28,  29  ;  Inst  2,  8  ;  Rein,  Das  Ro- 
miache  Prwatreehi,  p.  361,  &c  Erbrecht,  a  useful 
compendium  of  the  Law  of  Hereditas,  as  it  appears 
chiefly  m  the  Latin  chissics ;  Vangerow,  Pandekten^ 
&c  Erbrecht,  vol.  ii  The  chapter  on  Eibrecht  in 
Puchta^s  JrutUutionen^  &c.  iii.  p.  215,  Ac  is  concise 
and  very  clear.)  [G.  L.] 

HERMAE  i^fuu)^  and  the  diminutive  Hermuli 
(ipfxiZta\  statues  composed  of  a  head,  usually  that  of 
the  god  Hermes,  placed  on  a  quadrangular  pillar, 
the  height  of  whicn  corresponds  to  the  stature  of 
the  human  body  (^  rrrpdytnns  4pyturia,  Thnc.  vt 
27  ;  rh  (Txrifia  to  r€TpAywvo¥,  Pans.  iv.  33.  §  4, 
s.  3).  Some  difficulties  are  involved  in  the  ques- 
tion of  their  origin,  and  of  their  meaning  as  symbols 
of  Hermes.  One  of  the  most  important  features 
in  the  mythology  of  Hermes  is  his  presidence  over 
the  common  intercourse  of  life,  traffic,  journeys, 
roads,  boundaries,  and  sofi)rth,  and  there  can  be  no 
doubt  that  it  was  chiefly  in  such  relations  as  these 
that  he  was  intended  to  be  represented  by  the 
Hennas  of  the  Greeks  and  by  the  Termini  of  the 
Romans,  when  the  latter  were  identified  with  the 
Hermae.  It  is  therefore  natural  that  we  should 
look  for  the  existence  of  this  symbol  in  the  veiy 
earliest  times  in  which  the  use  of  boundary-marks 
was  required  ;  and  in  such  times  the  symbols 
would  be  of  the  simplest  character,  a  heap  of  stones 
or  an  unhewn  block  of  marble.  Now  we  find  that 
there  were  in  many  parts  of  Greece  heaps  of  stones 
by  the  sides  of  roads,  especially  at  their  crossings, 
and  on  the  boundaries  of  lands,  which  were  called 
ip/juua  or   4p/icia,   ip/uuot   \6<poi  and   tpfioKti* 

•  Lessing,  Bottiger  {Andettt.  p.  45),  and  others 
derive  these  words,  and  abo  the  name  of  the  god, 


HERMAE. 

(HesycK  «.  «r.).  An  ipiAmos  xS^os  near  I&aca 
is  mentioned  in  the  Odyssey  (xvL  471)  ;  Stmbo 
noticed  many  ipfuTd  on  the  roads  in  Elis  (viiL 
p.  343)  ;  and  even  now  an  ancient  besip  of  stmes 
may  be  seen  on  the  boundary  of  Lnconia  (Roes. 
Pdop.  voL  L  ppi  18,  174).  The  religioaa  req>ect 
paid  to  such  heaps  of  stones,  especial!  j  at  the  mttt- 
ings  of  roods,  is  shown  by  the  costom  of  each  paaer 
by  throwing  a  stone  on  to  the  heap  (Nicand.  Tier, 
150) ;  this  custom  was  also  observed  with  refer- 
ence to  the  Heimae  of  later  times,  at  least  to  those 
which  stood  where  roads  met  (Amtik.  Graee.  kc. 
infiracU.)  Such  heaps  of  stones  were  also  seen  by 
Strabo  on  the  roads  in  Egypt  (xviL  p.  81  Sl 
Another  mode  of  marking  a  boondaiy  or  other  de- 
finite  locality  was  by  a  pillar  of  stone,  otriginally 
unhewn,  the  sacred  character  of  which  was  mariLcd 
by  pouring  oil  upon  it  and  adorning  it  (TheopfarasL 
16,  comp.  GenesiM  xxviiL  18,  22,  rxTi.  45 — tS, 
where  both  the  pillar  and  the  he4>  of  stones  are 
set  up  for  a- witness,  xxxv.  14).  The  £g3rpdaB 
obelisk  probably  belongs  to  the  same  class  of  mfloo- 
ments. 

Referring  the  reader,  for  the  further  exaiiiinati<a 
of  these  matters,  to  works  in  which  thej  are  diii- 
cu^  at  length  (Zoega,  d$  Orig.  ei  U*.  Obdix^ 
Romae,  1797,  p.  217  ;  Gerhard,  de  Hdigiom 
Hermamm^  Berol.  1845, 4to. ;  Otto,  dt  DUm  Vn- 
Hlms^  c  7  ;  Muller,  Arek'doL  d.  Kmut^  §  6« ; 
Preller,  in  Paaly'S  Real-Emtye,  d.  Ctam.  AUertJL 
s.  o.  Mereunusy  voL  iv.  p.  1845),  we  Hssinne  that, 
of  these  heaps  of  stones  and  follars,  those  which 
marked  boundaries  were  either  originally  symbok 
0^  or  were  afterwards  consecrated  to,  the  god 
Hermes.  It  is  not  denied  that  sach  rode  memo- 
rials were  at  first  symbols  of  the  varioos  gods  alike, 
but  at  a  very  early  period  they  came  to  he  man 
especially  associated  with  the  worship  of  Hennrs. 

The  first  attempt  at  the  artistic  developnsent  of 
the  blocks  of  stone  and  wood,  by  which,  in  the 
earliest  period  of  idol-worship,  aU  the  divinities 
were  represented,  was  by  adding  to  them  a  bead, 
in  the  features  of  which  the  characteristks  of  the 
god  were  supposed  to  be  expressed  ;  and  mhtrweads 
other  membos  of  the  body  were  added,  at  fir^t 
with  a  symbolical  meaning.     These  changes  pfx>- 
duced  the  Hermae,  such  as  they  are  described  by 
the  ancient  authors,  and  as  we  now  have  them. 
The  phallus  formed  an  esBential  part  of  the  symbol, 
probably  because  the  divinity  represented  by  is 
was  m  the  earliest  times,  before  the  wonhip  «^ 
Dionysus  was  imported  firom  the  East,  the  per- 
sonification of  the  reproductive  powers  of  nature. 
So  the  symbol  is  described  by  Herodotos,  who 
ascribes  the  origin  of  it  to  the  Pebugiaos,  who 
communicated  it  to  the  Athenians,  and  they  to 
tiie  other  Greeks.  (Herod,  ii.  51  ;  Plut  as  Sad  dt 
Reap.  ger.  28.  p.  797,  f. ;  Cie.  de  NaL  Dw,  m. 
22 ;  comp.  Creuser^  Note,  in  Baehr's  edition  of  He- 
rodotus.)    Pansanias  gives  the  same  account  of  the 
matter  (I  24.  §  3,  iv.  83.  §  3.  a  4),  and  also  states 
that  the  Arcadians  were  parricukriy  fond  of  the 
iyuKfUL  rerpAywifOP  (viiL  48.  §  4.  s.  €  ;    vbere 
the  statue  refiored  to  is  one  of  Zeus),  which  is 


finom  (^pfJLOf  a  he<q>  (comp^  Buttmann,  LexiL  pp.  S02, 
303).  It  would  seem,  at  all  events,  that  the 
words  are  in  some  way  connected  ;  though  ^ 
question,  whether  the  god  took  his  name  finm  the 
symbol,  or  the  sjrmbol  from  the  god,  cannot  \» 
entered  into  hcie. 


HEKMAB. 

of  iht  tnuUtion  which  eaiiMd 
hack  the  mventiaii  to  the  Pelade  timei. 

la  the  hietaricBl  timet  of  Gieece,  too,  it  wu  at 
Athens  ikftt  the  Hcnnae  wen  most  numemiu 
■sd  most  Teneiated.  So  great  was  the  demand 
far  these  woriu  thai  the  wwds  iffaeyXji^as^  ipfto- 
yXi/pasii  T4xr%  and  ipiaaykvi^w^  were  used  as 
the  geaecie  tema  for  a  scoiptor,  hjs  art,  and  his 
Ksdie  (Tlat  Sgfw^  pc  215,  a. ;  Lndan,  de  Somm, 
L  7,  ToL  L  ppu  3,  4,  10, 11  ;  and  the  Lezioons). 

HoQsea  in  Athens  had  one  of  these  statues 
placed  at  the  door  called  i^fa^s  arpo^wts  or  orpo- 
^c^('niQe3rd.Ti.27  ;  Aelian.  V,  A",  ii.  41  ;  Said. 
JL  c ;  PoDnx,  Tiil  72 ;  Ath.  z.  pu  437,  b.)  ;  som&- 
tuoes  also  in  tlie  peristyle  (Lnciaa,  Nanig.  20, 
ToL  in.  pL  262X  which  were  worthq>ped  by  the 
woooi  aa  ixistmnieatal  to  fiMnndity  (see  baa^ielief 
ic  Boimnde,  AnHqm  Romam.  pert  1),  and  the  gieat 
Krena»  asta«jied  to  them  is  shown  by  the  alann 
acd  kidigaitloQ  which  weie  felt  at  Athens  in  con- 
leqaence  of  the  mntilation  of  the  whole  nnmber  in 
a  fioglemgfat,  just  before  the  saalixig  of  the  Sicilian 
ezpeditkn.  (Thocyd.  tL  27,  with  Poppo^  note  ; 
Andoc  de,  M^  ;  Aiistoph.  l^sM.  1093,  1094, 
and  SekoL  ;  Aristophanes  applies  the  tenn  i^fuueo- 
tAo  to  the  mutilaton  ;  see  also  Phot  ^  tn  4p/io- 

They  were  likewise  placed  in  front  of  temples, 
Dear  to  tamba,  in  the  gymnasia,  pahestrae,  Ubraries, 
pQttieocs,  and  public  places,  at  tne  corners  of  streets, 
CO  high  roads  as  skn-posts,  with  distances  inscribed 
span  them  (BSekh,  Carp.  Inter.  No.  12 ;  Bpigr. 
/axrl  No.  234,  Branch,  ^no^  yoL  iii  p.  197, 
AatL  Pf aa  III/,  it.  254  ;  the  other  epigrams  on 
Henaae,  Nob.  255,  256.  deserre  notice)  ;  and 
ane  are  stSl  to  be  seen  at  Athens  with  the  names 
of  Tictors  in  the  gymnastic  contests  inscribed  npon 
them.  (Leake,  Atkmaj  pi  17,  n.  1.)  They  were 
era  aiade  fchides  of  pablic  instraction,  according 
to  the  aathor  of  the  Hipparekms  (felsely  ascribed  to 
Plato,  pi  229X  who  says  that  the  ^rnmt  Hippar- 
cbw  pibeed  flcrmae  in  the  streets  of  the  city  and 
in  roads  throoghoot  Attica,  inscribed  with  moial 
versea,  saeh  as  the  following: 

Mnvu  r^  'Irrdfrxw  0*rcixe  SCtcaia  Apotwy, 
M»%a  rStr  Indpxov  /lii  ^iKov  i^cnrdra, 

(Coap.  Haipocnt  s.  9,  'E^/juS  ;  Hesych.  t.  e. 
'iTrd^HM  EffMs  ^nth  Alberti'k  note).  Those 
vhich  stood  at  ctoh  roads  had  often  three  or  four 
beads  (Philoch.  p.  45,  ed.  Siebelis  ;  Harpoci:  and 
Efym,  M.$,v.  Tpuci^dKos  'EpftSis  ;  Phot.  Hesych. 
&  V.  rtrptud^oKas  *E^irt ;  Eustath.  ad  Horn.  p. 
1353.3). 

Nunaoos  examples  oocor  in  Paosanias  and 
other  writers  of  th^  being  ph^ed  on  the  boun- 
daries of  lands  and  states  and  at  the  gates  of 
aCes  (rp^s  rf  wAiSi,  wpoavXaibr,  l^ans.  viiL  34. 
§3.iL$,iT.S3.§3.8.4,e<«fi5.;  Harpocr.)  SmaU 
Hcnnae  were  also  used  as  pihutera,  and  as  sop- 
pvts  ht  faxnitDie  and  utensih.  (PoUox,  vii.  15, 
73 ;  Mailer,  Artk.  §  379,  n.  2.)  Respectmg  tho 
ue  of  the  Hermae  and  Htrmuli  in  the  Cucos, 
Ke  pp.  285,  a,  286,  a. 

With  respect  to  the  form  of  these  works,  the  es- 
MDtial  parts  have  been  already  mentioned.  A 
pointed  beard  (v^qromtTwir)  belonged  to  the  ancient 
tfpe(ArtcBud.  ]L37).  A  mantle  (Iftirior)  was  fre- 
qiuotlj  hong  oTer  the  shoulders  (Pans.  TiiL  39.  §  4 ; 
Biog.  laftt  T.  82).  Originally  the  legs  snd  arms 
voe  altogether  wanting  (Paosanias  calls  them  &ci»- 


HERMAR 


608 


Aoi,  L  24.  §  8),  and,  in  place  of  the  arms,  there  were 
oAen  projections  to  hang  garlands  npon  ;  bat,  when 
the  reverence  attached  to  the  ancient  type  became 
less,  and  the  love  of  noTolty  greater,  the  whole 
torso  was  placed  npon  a  qaadnmgular  pillar,  which 
lessened  towards  the  base,  and  finally  the  pillar 


itself  was  sometimes  chiMlled  to  indicate  the  sepa- 
ration of  the  legs,  as  may  be  seen  in  a  tetragonal 
female  statue  in  the  Vilk  AlbanL  (Winkelm. 
Sloria  delie  Arte^  vol.  i  tav.  1.)  Sometimes,  as 
aboTO  stated,  the  head  was  doable,  triple,  and  even 
fourfold.  The  whole  figure  was  generally  of  stone 
or  marble ;  but  Cicero  (ad  AU.  i.  8)  mentions 
some  which  were  of  Pentelic  marble,  with  bronse 
heads.  (MaUer,  ArekaoL  d,  KumL,  §  67.) 

Many  statues  existed  of  other  deities,  of  the 
same  form  as  the  Hermae  ;  which  no  doubt  ori- 
ginated in  the  nme  manner  ;  and  which  were  still 
called  by  the  generic  name  of  //ermas,  even  though 
the  bust  upon  them  was  that  of  another  deity. 
Several  images  of  this  kind  are  described  by  Pau- 
sanniii ;  one  of  Poseidon  at  Triooloni  in  Arcadia 
(yiii  35.  §  6),  another  of  Zeus  Teleios  at  Tegea 
(ifr.  48.  §  4),  and  another  <tf  Aphrodite  Urania 
at  Athens  (i.  19.  §  2).  The  reason  why  the 
statnes  of  the  other  deities  were  developed  into 
perfect  forms,  while  those  of  Hermes  so  gene- 
rally (by  no  means  univerBally)  retained  their 
ancient  foshion,  is  obviously  on  account  of  the  re« 
ligious  significance  attached  to  the  symbol  of  the 
pillar,  as  a  boundaiy  marie.  Where  this  motive 
was  not  called  into  action,  Hermes  himself  was 
represented  in  the  complete  human  form  with  all 
the  perfection  of  Greek  art,  as,  for  example,  in  his 
statues  in  the  palaettrae^  and  in  those  which  em- 
bodied others  of  his  attributes.  (See  Miiller, 
ArdMol,  d.  KoMty  §§  880,  381.) 

Some  statues  of  this  kind  are  described  by  a 
name  compounded  of  that  of  Hermes  and  another 
divinity:  thus  we  have  Hermamhis^  Hermares^ 
Hermatkena  (Cic.  ad  AU.  L  4),  HermeraeUa  (Cic. 
ad  AU,  I  10),  Hermerot  (Plin.  H,  N,  xxxvl  5. 
s.  4.  §  10),  Hmmopan,  It  has  been  much  dis- 
puted whether  such  figures  were  composed  of  tho 
square  pillar,  as  the  emblem  of  Hermes,  surmounted 
by  the  bust  of  the  other  divinity ;  or,  secondly, 
whether  the  heads  of  Hermes  and  the  other  god 
were  united,  as  in  the  bust  of  Janus  ;  or,  lastly, 
whether  the  symbolical  ciiaracteristics  of  the  two 
dttties  were  combined  in  the  same  statue.  As  to 
the  first  explanation,  it  seems  hardly  probable  that, 
so  late  as  the  time  of  Cicero,  the  mere  pillar  should 
have  been  considered  as  adequate  a  re^wesentation 
of  Hermes  «s  the  bust  was  of  the  other  deity :  the 
second  is  supported  by  many  existing  terminal 
doable  busts:  the  third  can  only  be  regarded 
as  an  ingenious  conjecture,  which  may  be  tme  of 
some  works  of  a  Ute  period  of  art  We  think 
that  the  second  is  the  true  expkmation  in  the 
passages  firom  Cicero.  (Comp.  Miiller,  ^rolao^.  d, 
Kunst,  §  345,  n.  2.) 

There  is  still  another  dass  of  these  works,  in 
which  the  bust  represented  no  deity  at  all,  but  was 
simply  the  portrait  of  a  man,  and  in  which  the 
pillar  loses  all  its  symbolical  meaning,  and  becomes 
a  mere  pedestal  Even  these  statues,  however,  re- 
tained tne  names  of  Hermae  and  TermmL  The 
examples  of  them  are  very  nomereusi  A  list  of 
these  and  of  the  other  Hermae  is  given  by  C.  W. 
MOIler.  (Ersch  and  Gmber'to  Ewyklapadie^  art 
Heniuin%) 


€04 


HERMAEA. 


The  Hennae  of  all  kinds  were  in  great  request 
among  the  wealthy  Romans,  for  the  decoration  of 
their  houses  and  vilUs.  It  is  also  stated  that  they 
used  them  as  posts  for  oniamental  railings  to  a 
garden,  in  which  case  they  were  commonly  deco- 
rated with  the  basts  of  philosophers  and  eminent 
men,  some  of  which  may  be  seen  at  the  Vatican 
and  other  museums,  with  the  square  holes  in  their 
shoulders  into  which  the  transverse  rail  was  in- 
serted. This  square  hole,  however,  is  also  seen  in 
Hermae  of  old  Greek  workmanship,  in  which 
cases  they  were  probably  the  sockets  of  the  pro- 
jections, above  mentioned,  for  hangmg  garlands  on. 

The  existing  remains  of  ancient  art  are  rich  in 
terminal  statues  of  all  the  classes  which  have  been 
described ;  and  specimens  of  nearly  all  may  be 
seen  in  the  British  Museum,  and  in  engravings  in 
MUller's  DenknuUer  der  alten  Kunst  (vol.  i.  pL  i. 
Nos.  3,  4,  5,  vol.  ii.  pi  xxviii.  Nos.  299, 300, 303, 
pi.  xxxi.  No.  341,  pi.  xxxiiL  Nos.  376,  386,  387, 
pL  xxxvi.  Nos.  428,  429,  pi.  xliL  No.  526).  The 
first  two  examples  in  Miiller  are  very  interesting : 
the  one  is  a  ba*-rdie^  exhibiting  a  Hermes  deco- 
rated with  garlands  and  surrounded  with  the  im- 
plements of  his  worship,  as  shown  in  the  following 
engraving  ;  the  other  is  also  a  bas-relief  in  which 


we  see  a  terminal  bust  of  Dionysus  washed  and  de- 
corated by  a  man  and  three  women.  Respecting  the 
Hermae  on  coins,  see  Rasche,  Lex  Univ,  Rei  Num, 
8,  w.  Herma^  Hermathene^  liermet,  [P.  S.] 

HERMAEA  CE/j/ioio),  festivals  of  Hermes, 
celebrated  in  various  parts  of  Greece.  As  Hermes 
was  the  tutelary  deity  of  the  gymnasia  and  palaes- 
trae, the  boys  at  Athens  celebrated  the  Hermaea 
in  the  gymnasia.  They  were  on  this  occasion 
dressed  in  their  best,  offered  sacrifices  to  the  god, 
and  amused  themselves  with  various  games  and 
sports,  which  were  probably  of  a  more  fi^e  and  un- 
restrained character  than  usual  Hence  the  gym- 
nasiarch  was  prohibited  by  a  law  of  Solon  (Aeschin. 
c  TYmaroi.  p.  38)  firom  admitting  any  adults  on 
the  occasion.  This  law,  however,  was  afterwards 
neglected,  and  in  the  time  of  Plato  {Lym.  p.  206, 
d.  &c.)  we  find  the  boys  celebrating  the  Hermaea 
in  a  palaestra,  and  in  the  presence  of  persons  of  all 
ages.  ( Becker,  CharikUt^  vol.  i.  p.  335,  &c ;  com- 
pare Gymnasium,  p.  580,  b.) 

Hermaea  were  also  celebrated  in  Crete,  where, 
on  this  occasion,  the  same  custom  prevailed  which 
was  observed  at  Rome  during  the  Saturnalia  ;  for 
the  day  was  a  season  of  fireedom  and  enjojTnent  I 
for  the  slaves,  and  their  masters  waited  upon  them 
at  their  repasts.     (A then.  xiv.  p.  039.) 


HETAERAE. 

The  town  of  Pheneos,  in  Arcadia,  oC  whicH 
Hermes  was  the  principal  divinity,  likewise  celH 
brated  Hermaea  with  games  and  oonteata^  (Pan&j 
viiL  14.  §  7.)  A  festival  of  the  same  kind  wa^ 
celebrated  at  Pellene.  (Schol  ad  Pmd.  OL  viL  1  oM^ 
and  iVtfot.  X.  82.)  Tanagra,  in  Boeotm  (Paos^  ir] 
22.  §  2),  and  some  other  places,  likewise  ceie4 
brated  f{»tivals  of  Heimes,  but  particolan  are  bc^ 
known.  tL.S.j 

HERMATHENA.     [Hsrmab.] 

HERMERACLAE.     [Hsrmak.] 

HEROINES,  baskets  or  crates  of  sedge,  whicf^ 
were  employed,  when  filled  with  chalk,  for  making 
a  foundation  in  the  water  (Vitmv.  t.  12.  |  5\i 
Pliny  states  that  the  architect  of  the  teiD|^e  *A 
Diana,  at  Ephesns,  raised  to  their  places  ixnineQ«» 
blocks,  which  fi>rmed  the  architrave,  by  means 
of  an  inclined  plane,  constnictcd  <^  Aenawes  fiiit-i 
with  sand  {H.  AT.  xxxvi.  14.  s.  21).  In  these 
and  the  few  other  passages  where  it  occnra,  tL? 
readings  of  the  word  are  very  various.  DifFirrKst 
modem  scholars  have  adopted  one  of  the  thrcr 
forms,  oerofses,  ertHies,  or  kenmes,  (See  Schneider. 
ad  Viintc  L  c.)  [P.  S.1 

HEROON  (hp^or)    [Apotubosis  ;    Fu.vrs 
pp.556, b.,  557, a.] 

HESTIA  (iarla)  [Focus.] 

HESTIASIS  {i<rrlcuris\  was  a  species  of  I.- 
tuigy,  and  consisted  in  giving  a  feast  to  one  of  ibe 
tribcB  at  Athens  (r^v  ^vXV  ioruof^  Dem.  c.  Mnd, 
p.  565.  10  ;  Pollux,  iil  67.)     It  was  provided  for 
each  tribe  at  the  expense  of  a  person  belooj?inc 
to  that  tribe,  who  was  called  iaridregp.     (Dtm. 
e,  Boeoi.  p.  996, 24.)  Haipocration  («.  ©.  'E<m^^) 
states  on  the  authority  of  the  speech   of  Demos- 
thenes against  Meidias,  that  this  feast  was  soioo 
times  provided  by  persons  voluntarily,  and  at  othfr 
times  by  persons  appointed  by  lot ;  but  as  Bcckh 
remarks,  nothing  of  this  kind  occurs  in  the  spe^k, 
and  no  burthen  of  this  description  could  have  befn 
imposed  upon  a  citizen  by  lot     The  itrndropes 
were  doubtless  appointed,  like  all  persons  scninc 
liturgies,  according  to  the  amount  of  their  prop^rtr 
in  some  r^fular  succession.    These  banqneti  of  the 
tribes,  called  ^vXeruca  ScTirra  by  Athenaeus  (t. 
p.  185,  d),  were  introduced  for  sacred  purposes,  and 
for  keeping  up  a  firiendly  intercourse  between  per- 
sons of  the  same  tribe,  and  must  be  distingsislied 
from  the  great  feastings  of  the  peo|de,  which  were 
defrayed  from  the  Theorica.     (Bockk,  PmU.  Eom. 
of  Atketu^  p.  452,  2nd.  ed. ;   Wol^  Ptvley,  ad 
Dem.  Leptin.  p.  Ixxxviu  note  60.) 

HETAERAE  (iralpat).  The  word  ^ro^  on- 
ginally  signified  a  friend  or  companion,  bai  at 
Athens,  and  in  other  towns  of  Greece,  it  was  after- 
wards used  as  a  euphemistic  name  for  v^pni,  that 
is,  a  prostitute,  or  mistress.  (Plut.  SoUm^  c  15  ; 
Athen.  xiii.  p.  571.)  As  persons  of  this  class 
acted  a  much  more  prominent  and  influential  pan 
in  some  of  the  Greek  states  than  in  any  of  tbe 
most  demoralized  capitals  of  modem  times,  we 
cannot  avoid  in  this  work  stating  their  position  sad 
their  relations  to  other  ckuses  of  society.  Bat  ai 
their  conduct,  manners,  ensnaring  artifices,  and  im- 
positions, have  at  all  times  and  in  all  countries  been 
the  same,  we  shall  confine  ourselves  to  those  points 
which  were  peculiar  to  the  hetaeiae  in  Greece. 

First  we  may  mention  that  the  young  men  >t 
Athens,  previous  to  their  marriage,  spcDi  a  grca: 
part  of  their  time  in  the  company  of  hetaexae  with- 
out its  being  thought   bhunable   in  any  req>cct 


HGTAERAE. 

»lute«q,  llaniage,  indeed,  prodoced  on  the 
whole  a  duuige  in  this  mode  of  liTing  of  young 
mea,  but  in  umumeiable  instances  even  married 
■cm  continned  th«r  intexcooae  with  hetaerae, 
vitboot  dntwing  upon  themselres  the  eensnre  of 
pahlie  opinion  ;  it  seems,  on  the  contnry,  evident 
taa  the  manoer  in  which  Demosthenes  (c  Asoar. 
pu  135],  &c)  relates  the  history  of  Lyaias  the 
sophot,  that  sneh  connections  after  marriage  were 
cot  locked  upon  as  anything  extraordtnazy  or  in- 
coDiisteot,  provided  a  man  did  not  offend  iwainst 
pablic  decency,  or  altogether  neglect  his  legiti- 
mate  wife  and  the  afiain  of  his  honsehold,  as 
v»  the  case  with  Alcibiades.  (  Andoc  e.  Aleib.  p. 
177.)  This  ixTegnhr  condition  of  private  life 
BiDflog  the  Qreeks  seems  to  have  arisen  chiefly 
tcm  two  causes  ;  first  from  the  great  lore  of  sen- 
fcal  Measures,  which  the  Greeks  appear  to  have 
poisased  in  as  high  a  degree  as  most  other 
K^them  natioos ;  and,  secondly,  from  the  gene- 
jaJRj  prevafling  indifference  between  husbands  and 
•wi\&.  As  regards  the  ktter  point,  matrimo- 
aia]  life  in  the  historical  times  of  Greece  was  very 
iiSutat  from  that  which  we  find  described  in  the 
iitnk  age.  How  this  change  was  brought  about 
ii  not  dear  ;  but  it  can  scarcely  be  doubted 
'^t,  generally  speaking,  the  Greeks  looked  upon 
lasrrisge  merely  as  a  means  of  producing  citizens 
fcr the  state.  ( Dem.  c.  Neaer.  p.  1 386 ;  Becker,  Cka- 
nii£9,  ToL  ii.  p.  21 5,  &c)  The  education  of  women 
"Kits  almost  entirely  neglected  ;  they  were  thought 
a  kind  of  infierior  beings,  less  endowed  by  nature, 
ssd  incapable  of  taking  any  part  in  public  aflSturs 
uid  of  sympathising  with  their  husbands.  In  an 
'mLeUectnal  point  of  view,  therefore,  they  were  not 
£t  to  be  agreeable  companions  to  their  husbands, 
vbo  coiueqiiently  sought  elsewhere  that  which 
t^  did  not  find  at  home.  It  is  true  the  history 
ftf  Greece  furnishes  many  pleasing  examples  of  do- 
ctestic  happiness,  and  well*  educated  women,  but 
these  an  exceptions,  and  only  confirm  the  general 
niie:  A  consequence  of  all  this  was,  that  women 
were  bonud  down  by  rules  which  men  might  vio- 
late with  imponity  ;  and  a  wife  appears  to  have  had 
DO  right  to  proceed  against  her  husband,  even  if 
Bbe  avoid  prove  that  he  was  unfaithiul  (  Plant  Afer- 
eat  \r.  6.  3),  although  she  herself  was  subject  to 
lerere  ponishment  if  she  was  detected.  The 
bolated  testimony  of  a  late  writer  like  Alciphron 
(£/»jt  L  6),  who  represents  a  wife  threatening 
her  husband,  that  unless  he  would  give  up  his  dis* 
i^laXe  mode  of  living,  she  would  induce  her  fether 
tx>  bring  a  charge  nnunst  him,  can,  as  Becker 
Ciarikfes^  vol.  L  p  112)  observes,  prove  nothing, 
ioaiBnich  as  a  neglect  of  family  affairs  might,  in 
this  case,  have  been  the  ground  for  accusation. 

Bat  to  return  to  the  hetaerae ;  the  state  not 
onlj  tolerated,  but  protected  them,  and  obtained 
profic  from  them.  Solon  is  said  to  have  established 
a  TopreZsr  (also  called  woiSiiTKCiov,  ipryatrrfipiop 
vcbaifia\  in  which  prostitutes  were  kept  (Athen. 
xnl  p  569),  and  to  have  built  the  temple  of  Aphro- 
dite Pandemos  with  the  profit  which  had  been 
obtained  from  them.  At  a  later  period  the  num- 
ber of  such  houses  at  Athens  was  increased,  and 
the  peisons  who  kept  them  were  called  wopvoStMr- 
Koif  lemmes.  The  conduct  of  the  hetaerae  in  these 
hotties  is  described  in  Athenaeus  (xiiL  p.  568). 
All  the  hetaerae  of  such  houses,  as  well  as  indivi- 
duals vho  lived  by  themselves  and  gained  their 
hrehhood  by  pnwtitotion,  had  to  pay  to  the  state 


HETAERAE.  605 

a  tax  (-npvttAy  W\es,  Aesch.  a  TfmordL  p.  134, 
&&),  and  the  collecting  of  this  tax  was  eveiy  year 
let  by  the  senate  to  such  persons  (t«a«mu,  or 
wopKorcXMMU,  PhUonide^  ap.  PoUue,  vil  202) 
as  were  best  acquainted  with  those  who  had  to  pay 
it  The  hetaerae  were  under  the  snperintendenca 
of  the  kyoptu^ftoi  (Snidas,  s.  v.  Aii^pofi^),  and 
their  places  of  abode  were  chiefly  in  the  Ceramei- 
cus.     (Hesych.  t. «.  Kc^c^jk^i.) 

The  number  of  private  hetaerae,  or  such  as  did 
not  live  in  a  iropyciby,  was  very  great  at  Athens. 
They  were,  however,  generally  not  mere  prosti- 
tutes, but  acted  at  the  same  time  as  flute  or  citham 
players,  and  as  dancers,  and  were  as  such  fre- 
quently engaged  to  add  to  the  s|Jendour  of 
fiunily  sacrifices  (Plant  Epid,  iii.  4.  64),  or  to  en- 
liven and  heiffhten  the  pleasures  of  men  at  their 
mnposia.  Their  private  abodes,  where  often  two, 
three,  and  more  lived  together,  were  also  frequently 
places  of  resort  for  young  men.  (Isocrat.  Artopag, 
p.  202,  Bekker.)  Most  of  these  hetaerae  not  only 
took  the  greatest  care  to  preserve  their  physical 
beauty,  and  to  acquire  such  accomplishments  as  we 
just  mentioned,  but  also  paid  considerable  attention 
to  the  cultivation  of  their  minds.  Thus  the  Arca- 
dian Lastheneia  was  a  disciple  of  Plato  (Athen. 
xii.  p.  546),  and  Leontion  a  disciple  of  Epicurus 
(Athen.  ziii.  pu  588)  ;  Aspasia  is  even  said  to  have 
instructed  Socrates  and  Pericles.  Whatever  we 
may  think  of  the  historical  truth  of  these  and  simi- 
lar reports,  they  are  of  importance  to  the  historian, 
inasmuch  as  they  show  in  what  light  these  hetae- 
rae were  looked  upon  by  the  ancients.  It  seems 
to  have  been  owing,  especially  to  their  superiority 
in  intellectual  cultivation  over  the  female  citizens, 
that  men  preferred  their  society  and  conversation 
to  those  of  citizens  and  wives,  and  that  some 
hetaerae,  such  as  Aspasia,  Lais,  Phryne,  and 
others,  formed  connections  with  the  most  eminent 
men  of  their  age,  and  acquired  considerable  influ- 
ence over  their  contemporaries.  The  free  and  un- 
restrained conduct  and  conversation,  which  were 
not  subject  to  the  strict  conventional  rules  which 
honest  women  had  to  observe ;  their  wit  and 
humour,  of  which  so  many  instances  are  recorded ; 
were  well  calculated  to  ensnare  young  men,  and  to 
draw  the  attention  of  husbands  away  from,  their 
wives.  Women,  however,  of  the  intellect  and 
character  of  Aspasia  were  exceptions :  and  even 
Athenian  citizens  did  not  scruple  to  introduce 
their  wives  and  daughters  to  her  circles,  that  they 
might  learn  there  the  secrets  by  which  they  might 

?iui  and  preserve  the  affections  of  their  husbands, 
he  disorderly  life  of  the  majority  of  Greek  hetaerae 
is  nowhere  set  forth  in  better  colours  than  in  the 
works  of  the  writers  who  belong  to  the  so-called 
school  of  the  middle  comedy,  and  in  the  pkys  of 
Plautus  and  Terence ;  with  which  may  be  compared 
Demosth.  c  Neaer,  p.  1355,  &C.,  and  Athen.  book 
xiii  It  was  formerly  supposed  that  at  Athens 
a  peculiar  dress  was  by  law  prescribed  to  the 
hetaerae,  but  this  opinion  is  without  any  founda- 
tion.    (Becker,  CkariUe^  vol.  L  p.  126,  &c.) 

The  town  most  notorious  in  Greece  for  the  num- 
ber of  its  hetaerae,  as  well  as  for  their  refined  man- 
ners and  beauty,  was  Corinth.  (Plato,  De  Rep, 
iii.  p.  404  ;  Dio  Chrysost  OraL  xxxviL  n.  119, 
Reiske  ;  Aristoph.  PUd.  149,  with  the  fechol ; 
and  Schol.  ad  Lytidr.  90  ;  Athen.  xiii.  p.  573,  &c  ; 
MUller,  Dor.  ii.  10.  §  7.)  Stiabo  (viiL  p.  878) 
states  that  the  temple  of  Aphrodite  in  this  town 


606         HETAIRESEOS  GRAPHS. 

pooeased  more  than  one  thoiuand  hetaeiM,  who 
were  called  Up^dovXoi^  and  who  were  the  ruin  of 
many  a  struiger  who  visited  Corinth.  (Wacht* 
math,  Hellm,  Alierik  vol.  ii.  p.  392.)  Hence  the 
name  Kopu'0la  K6fni  was  used  as  synonymous  with 
JTof/w,  and  icopufBui(€irOM  was  equivalent  to  irai- 
pw.  (Eustath.  ad  Iliad,  ii  570.)  At  Sparta, 
and  in  most  otha  Doric  stiUes,  the  hetaerae  seem 
never  to  have  aoqoired  that  importance  which  they 
had  in  other  parts  of  Qreece,  and  among  the  Greeks 
of  Asia  Minor. 

An  important  question  is  who  the  hetaerae  gene- 
rally were  P  The  Up^vKai  of  Corinth  were,  as 
their  name  indicates,  perK>ns  who  had  dedicated 
themselves  as  slaves  to  Aphrodite;  and  their 
prostitution  was  a  kind  of  service  to  the  goddess. 
[His&odull]  Those  v6pvai  who  were  kept  at 
Athens  in  public  brothels  by  the  woprotf o<rico(,  were 
gcnoFBlly  suves  belonging  to  these  vopifo€oaKoi,  who 
compelled  them  to  prostitute  their  persons  for  the 
purpose  of  enriching  themselves.  The  owners  of 
these  w6p¥ai  were  justly  held  in  greater  ctotempt 
than  the  unhappy  victims  themselves.  Sometimes, 
however,  they  were  real  prostitutes,  who  voluntarily 
entered  into  a  contract  with  a  wopvoiwKis :  others 
again  were  females  who  had  been  educated  in 
better  circumstances  and  for  a  better  iate,  but  had 
by  misfortunes  lost  their  liberty,  and  were  compelled 
by  want  to  take  to  this  mode  of  living.  Among 
this  last  class  we  may  also  reckon  those  girls  who 
had  been  picked  up  as  young  children,  and  brought 
up  by  vop¥o9oaKol  for  the  purpose  of  prostitution. 
An  instance  of  this  kind  is  Nicarete,  a  freed 
woman,  who  had  contrived  to  procure  seven 
young  children,  and  afterwards  compelled  them  to 
prostitution,  or  sc^d  them  to  men  who  wished  to 
have  the  exclusive  possession  of  theoL  (Dem. 
e.  Neaer,  p.  1351,  &.c)  Other  instances  of  the 
same  kind  are  mentioned  in  the  comedies  of  PUu- 
tun  (Compare  Isaeus,  De  PkUoeUm,  hered.  p. 
143.)  Thus  all  prostitutes  kept  in  public  or  private 
bouses  were  either  real  slaves  or  at  least  looked 
upon  and  treated  as  such.  Those  hetaerae,  on  the 
other  hand,  who  lived  alone  either  as  mistresses  of 
certain  individuals  or  as  common  hetaerae,  were 
almost  invariably  strangers  or  aliens,  or  freed- 
women.  The  cases  in  which  daughters  of  Athe- 
nian citizens  adopted  the  life  of  an  hetaeia,  as 
Lamia,  the  daughter  of  Cleaner  (Athen.  xiii  p. 
577),  seem  to  have  occurred  very  seldom  ;  and 
whenever  such  a  case  happened,  the  woman  was 
by  law  excluded  from  all  public  sacrifices  and  offices, 
sank  down  to  the  rank  of  an  alien,  and  as  sucb  be- 
came subject  to  the  wopimchw  r4Kos :  she  generally 
also  changed  her  name.  The  same  de^adation 
took  place  when  an  Athenian  citizen  kept  a  trop- 
vcioir,  which  seems  to  have  happened  very  seldom. 
(Bockh,  PuU,  Eoon,  o/Atiten^  p.  333,  2nd  ed.) 

(Fr.  Jacobs,  BeUriigB  Zur  Oetck  de$  WeiUick, 
GuohlechUy  in  his  Vermuohie  Sckriftm^  vol.  iv. ; 
Becker,  OtarikUs,  vol.  i.  p.  109—128,  and  vol.  ii. 
p.  414 — 489  ;  Limbuig-Brouwer,  Hidoirt  de  la 
CivUiBation  Morale  et  ReUffieute  dee  Greoa  ;  Wachs- 
muth,  HeOen,  Alterth.  vol.  ii.  p.  392,  &c.)    [L.  S.] 

HETAERI   (iraipoi).      [ExSRCiTUS,  p.  488, 

HETAIRESEOS  GRAPHE  (kraip^<r€ws 
ypa^).  This  action  was  maintainable  against 
such  Athenian  citizens  as  had  administered  to  the 
unnatural  lusts  of  another  ;  but  only  if  after  such 
degradation  they  ventured  to  exercise  their  political 


HIERODULL 
franchise,  and  aspire  to  bear  offiee  in  1^  slate. 
From  the  law,  which  is  recited  by  Aeachjoes 
{c  TimardL  p.  47),  we  learn  thai  mA  affioDden 
were  capitally  punished.  The  canae  was  tried  br 
the  court  of  the  thesmothetae,  (Meier,  AA.  Froe. 
p.  334.)  [J.  &  IL] 

HETAIRIAE  (IraiftCoi).     [E&AM06.3 

HEXATHORUlii.     [Lktica.] 

HEXA'STYLOS.    [T«mfluji.J 

HEXE'RES.    [Navis.] 

HIEREION  (lepciby).    [SACUFicicncl 

HIEREIS  TON  SOTERON  (Utms  -rem  ovH^ 
p«y),  priests  of  the  Saviours,  that  is»  of  Antigoiuis 
and  Demetrius,  who  were  received  by  tht  Athe- 
nians, in  B.  c.  307,  as  their  liberaton  with  iioDovn 
and  flatteries  of  every  sort.  Thej  even  vent  so 
fitf  as  to  pay  divine  honours  to  these  princes  mdef 
the  title  of  Saviours  (irtir7ip«s\  and  to  assign  aprieat 
(l^is)  to  attend  to  their  wotahip,  who  was  to  be 
elected  annually  and  to  give  his  name  to  tbe  year  b 
place  of  the  first  archon.  This  continued  for  twenty 
years  till  the  conquest  of  Demetrius  by  Pynhns  b 
B.  c.  287,  when  the  office  was  aboliahed  and  the 
first  archon  restored  to  his  former  position  in  the 
state.  (Plut  Demetr.  10,  46.)  The  magistrates 
of  these  twenty  years  were  in  later  times  calkd 
aichons,  as,  for  instance,  by  Diodoma  and  Diony- 
sius  of  Halicamassus,  since  the  Athenians,  as 
Clinton  remarks,  would  not  leave  upon  their  Fasti 
this  mark  of  their  humiliation.  (Dioyaen,  Genrkitkt 
dee  HeUeaumm^  vol.  l  p.  439 ;  Clinton,  F.  H, 
vol  ii.  p.  380,  2d  ed. ;  Hennann,  LAHmek.  d, 
Griee&.  ^tootei^tofii.  §  1 75,  n.  7 ;  SchfimamH^flCa^a. 
Jur,  PvbL  Gnuee.  p.  360.) 

HIERODU'LI  Cupi^wXoi\  weie  penoH  of 
both  sexes,  who  were  devoted  like  slaves  to  the 
wonhip  of  the  gods.     They  were  of  Fji  stern  origin, 
and  are  most  freq[uently  met  with  in  oonncctioD 
with  the  worship  of  the  deities  of  Syria,  Phoenicia^ 
and  Asia  Minor.     They  consisted  of  two  dasses  ; 
one  composed  of  slaves  pro|ierly  so  called,  who  at- 
tended to  all  the  lower  duties  connected  with  the 
worship  of  the  gods,  cultivated  the  sacred  lands, 
&&,  and  whose  descendants  continued  in  the  same 
servile  condition  ;  and  the  other,  comprising  per- 
sons, who  were  personally  free,  but  had  de<ficated 
themselves  as  slaves  to  the  god%  and  who  were 
either  attached  to  the  temples,  or  were  dispersed 
throughout  the  country  and  brought  to  the  gods 
the  money  they  had  gained.    To  the  latter  class 
belonged  the  women,  who  prostituted  their  penons 
and  presented  to  the  gods  the  money  they  had  ob- 
tained by  this  means.     The  pomp  with  which  leli- 
gious  wonhip  was  celebrated  in  the  East,  and  the 
vast  domains  which  many  of  the  temples  possesBed, 
required  a  gnat  number  of  servants  and  slaves 
Thus,  the  great  temple  at  the  Ciqjpadodan  Comnna 
possessed  as  many  as  6000  hi^oduli  (Stmb.  xii. 
p.  535),  and  that  at  Morimene  had  3000  of  the 
same  class  of  persons.    (Strab.  xii.  p.  537.)     So 
numerous  were  the  hieroduli  at  Tyie^  that  the 
high-priest  by  their  support  frequently  obtained 
the  r^gal  dignity.     (Joseph,  e.  ApUm.  L  13;  21.) 
These  large  numben  arose  from  the  idea,  prevalent 
in  the  East,  that  the  deity  must  have  a  certain 
class  of  persons  ^tecially  dedicated  to  his  serdoe 
and  separated  from  the  ordinary  duties  of  lifie,  and 
that  it  was  the  duty  of  all  who  had  the  power  to 
supply  as  many  persons  as  they  could  for  their  s«r> 
vice.    Thus,king8  dedicated  as  sacred  shtres  the  pri- 
soners whom  they  took  in  war,  parents  their  chUdreo, 


HIEROMKEMONSS. 

sf  Cftt  penons  of  the  highest  frmilies  wnt  their 
teqrhlcfs  to  the  temples  to  sacrifice  their  chastity 
to  Uie'^^oda,  at  least  till  the  time  of  their  mairiage. 
TUi  practice  of  females  offisring  their  chastity  to 
ikt  isods  wm  of  ancient  origin  in  the  East,  and 
Keiat  to  haTc  arisen  from  the  notion  that  the  gods 
o^t  to  haT«  the  fiist-fitdts  of  eveiy  thing.  The 
caOdB  preTailed  at  Bahyhm  (Herod.  L  199 ;  Strah. 
xri  P.745X  as  well  as  in  many  other  places. 
(Ctfap^  Heynew  J>e  Bafykmionim  iutUhOo  nUgiomj 
&c.n  ChmmaH.  Sodet  GoUutff,  toL  xtL  p.  30,  &c.) 
The  Greek  temples  had  of  couse  slaves  to  p^orm 
tke  loveit  aerricps  (Pans.  x.  82.  §  8)  ;  bat  we 
aiao  find  mention  in  some  Greek  temples  of  free 
p0»m  of  both  Mxes,  who  had  dedicated  them- 
leires  ^mxtarilT  to  the  services  of  some  god,  and 
to  vhflin  the  term  of  hieroduli  was  generally  ap- 
plied.  Maatera,  who  wished  to  giro  shtTes  their 
freedom,  but  were  pcerented  by  Tariovs  causes 
fivm  namraiittXDff  them,  presentiMi  them  to  some 
tnaple  aa  fspoSooXoi  mider  the  form  of  a  gifi  or  a 
Ble,  and  thus  pncored  for  them  liberty  in  reality. 
Sach  cases  of  manmBission  frequently  oecor  in  in- 
BcripiiaDs,  and  are  explained  at  length  by  Ciutins 
{de  J#ii— Bii'iw'uii  waent  Graeoofnam^  in  his  Ameedala 
MaUta^  Berlin,  1843,  o.  10,  &c  ;  oompi  PluL 
Am.lL  e.  21,  twt  iXXmw  octf<ror«r  koI  Apx^rrmv 
ikt4i$tpM  nti  A^trm  mfiArtp  /cp^SovXet  3<arcAoO- 
w).  The  female  hieroduli,  who  prostitoted  their 
penans,  aie  only  foond  in  Oreeoe  connected  with 
the  wnhip  of  dirinities  who  were  of  Easteni  origin, 
er  many  of  whose  rdigions  rites  were  borrowed  &nn 
the  EasL  This  was  the  case  with  Aphrodite,  who 
vai  origiiially  an  Oriental  goddess  At  her  temple 
at  Coriii^  there  were  athousand  icp^SooAoi  fro^poi, 
vfao  were  the  nun  of  many  a  stranger  who  yisited 
CisBth,  and  there  was  also  a  laige  nnraber  of  the 
laaiie  dass  of  women  at  her  temple  at  Eiyx,  in 
Sicily.  (Stiab.  viiL  p.  378,  vi  p.  272,  comp.  ziL 
p.  559.)  (Hnt,  Dm  Hwrodwlem^  with  appendices 
hj  B5dch  and  Bnttmann,  Berlin,  1818  ;  Kreossr, 
Dsr ihttemm Ptimtmwkiat,  mit 9onnigUeker  Rudk- 
9dU  mfdie  Hiendukoy  Maiu,  1824  ;  MoTen, 
DiePkSmuier^  pi  359,  &&  ;  Hermann,  Lekfimckd. 
^aUadimtlSeim  AHartMtmer  d,  Qrieokm^  §  20,  n. 
13-16.) 

HIEROMANTEIA  (/cpo^iorrcia).  [Divwa- 
no.] 

HIEROMrNIA  (<«poMiry<aX  was  the  time  of 
the  nKMith  at  which  the  sacred  festivals  of  the 
Gteeki  began,  and  in  eonaeqaence  of  which  the 
whole  BMoUi  reeeiyed  the  name  of  pAiv  Uf6s,  It 
«ss  s  part  of  the  international  law  of  Greece  that 
all  hostilities  should  eease  for  the  time  between 
itatea  vho  took  part  m  these  festivals,  so  that  the 
iohabitants  of  tlie  different  states  might  go  and 
retora  in  aafety.  The  UerommiM  of  the  four 
great  national  festiTala  were  of  ooarae  of  the  most 
impcrtanee:  they  were  proclaimed  by  heralds 
(trvopSff^poi),  who  visited  the  different  atates  of 
Greece  far  the  purpose.  The  saspension  of  hosti- 
lities was  called  ^arex«<P^  (Phid.  Jwtkm,  iL  23  ; 
Stiaby  viiL  p.  343  ;  Kraose,  Otffmpia^  p.  40,  &c.  ; 
and  the  article  Oltmpia.) 

HIEROMNE'MONES  (/cpoH^/ioyer),  were 
the  more  honoomble  of  the  two  clasaes  (n  repre- 
ientatives  who  composed  the  Amphictyonic  council. 
Anaceoont  of  them  is  giren  nnder  AMPHicTroNX& 
We  aUo  read  of  Hieromnemones  in  Grecian  states, 
^net  ftom  the  Amphictyonic  repreaentatiyes  of 
this  name.     Thns  the  priests  of  Poseidon,  at 


HIEROSYLIAS  GRAPHE.  607 
Megara,  were  called  hieromnemones  (Plut  Sjfmp, 
yiii  8.  §  4) ;  and  at  Byaantinm,  which  was  a 
colony  of  Megara,  the  chief  magistnte  in  the  state 
appears  to  have  been  called  by  thia  name.  In  » 
decree  of  Bynotium,  quoted  by  Demosthenes  {pro 
Coram,  p.  255.  20 ;  compare  Polyb.  iv.  52.  |  4), 
an  hieromnemon  is  mentioned,  who  gives  his  name 
to  the  year ;  and  we  also  find  the  same  word  on 
the  coins  of  this  city.  (Eckhel,  Doetr.  NmK 
ToL  iL  p.  31,  Ac)  At  Chalcedon,  another  colony  of 
Megara,  an  hieromnemon  also  existed,  as  la  proved 
by  a  decree  which  is  still  extant  (MUlIer,  Dor,  iii. 
9.  §  10.)  An  inscription  found  in  Thasos  also  men- 
tions an  hieromnemon  who  presided  over  the  tree- 
soiy.    (B(ickh,  Corp,  Jnaerip,  vol  iL  pp.  1 83,  1 84.) 

HIERONrCAE    [Athlbtab.] 

HIEROPHANTES  (Icpo^Mbmir).  [Elxu- 
aiNiA.] 

HIEROPOII  (Uporotot)^  were  sacrificera  at 
Athens,  of  whom  ten  were  appointed  every  year, 
and  conducted  all  the  usual  sacrifices,  as  well  as 
those  belonging  to  the  quinquennial  festivals,  with 
the  exception  of  those  of  the  Panathenaea.  (Pollux, 
viiL  107  ;  Photius,  i.  v,  'Upovoio(.)  They  are 
frequently  mentioned  in  inscriptions.  (B^kh, 
Oorp,  Inter,  vol  L  p.  250.)  The  most  honourable 
of  these  officers  were  the  aacrifioera  for  tlie  revered 
goddeases  or  Eumenides  (/cporocol  ra4r  c^ftyeus 
;^ff<u5),  who  were  chosen  by  open  vote,  and  pro* 
bably  only  performed  the  commencement  of  the 
sacrifice,  and  did  not  kill  the  victim  themselves. 
(Dem.  ft  Meid,  p.  552.  6  ;  Bdckh,  PM.  Eoom,  q^ 
Athens^  pi  216.) 

HIEROSYLIAS  GRAPHE  {UpwrvXias  ypa^ 
^).  The  action  for  sacrilege  is  distinguished 
from  the  ftAorqr  Itp&v  xp*f/u»r«*y  ypa^t  in  that 
it  was  directed  against  the  offence  of  robbery, 
i^gravated  by  violence  and  desecration,  to  which 
the  penalty  of  death  was  awarded.  In  the  latter 
action,  on  the  contrary,  the  thefi  or  embetslement, 
and  its  subject-matter,  only  were  taken  into  con- 
sideration, and  the  dicasts  had  a  power  of  assessing 
the  penalty  upon  the  conviction  of  the  offendcT. 
M^itn  respect  to  the  tribunal  before  which  a  case 
of  sacrilege  might  have  been  tried,  aome  circum- 
stances seem  to  have  produced  oonsidemble  dif- 
ferences. The  ypa^  might  be  preferred  to  the 
king  arehon,  who  would  thereupon  assemble  the 
areiopagus  and  preside  at  the  trial,  or  to  one  of  the 
thesmoUietae  in  his  character  of  chief  of  an  ordi- 
nary Heliastic  body  ;  or,  if  the  nrosecution  assumed 
the  fosm  of  an  apagoge  or  epnegesis,  would  fiill 
within  the  jurisdiction  of  the  Eleven.  Before  the 
first-mentioned  court  it  is  conjectured  (Meier,  AtL 
Proe,  pi  307)  that  the  sacrilege  of  the  aUeged 
spoliation,  as  well  as  the  fiut  itself^  came  in  ques- 
tion ;  that  the  thesmothetae  took  cognisance  of 
those  cases  in  which  the  sadhlege  was  obvious  if 
the  feet  were  established  ;  and  that  the  Eleven  had 
jurisdiction  when  the  criminal  appeared  in  the 
character  of  a  common  robber  or  burglar,  surprised 
in  the  commisaion  of  the  offence.  In  all  these 
cases  the  convict  was  put  to  death,  his  property 
oonfiacated,  and  his  body  denied  burial  within  the 
Attic  territory.  There  is  a  speech  of  Lysias  {vro 
CalUa)  extant  upon  this  subject,  but  it  adds 
little  to  our  knowledge ;  except  that  shives  were 
allowed  upon  that  occasion  to  appear  as  inforroert 
against  their  master — a  resident  alien — and  an* 
ticipated  their  emancipatian  in  the  event  of  his 
oonvictiaD.  [J.  S.  M.] 


608 


HIPPODAMEIA. 


HILA'RIA  (ixdpta)  seems  originally  to  hare 
t)een  s  name  which  was  ^iven  to  any  day  or  sea* 
son  of  rejoicing.  The  hilaria  were,  therefore,  ac- 
cording to  MaximuB  Monachus  (SckcL  ad  IHony$. 
Areopoff.  JSpuL  8)  either  private  or  public.  Among 
the  former  he  reckons  the  day  on  which  a  person 
married,  and  on  which  a  son  was  bom  ;  among  the 
latter,  those  days  of  public  rejoicings  appoint^  by 
a  new  emperor.  Such  days  were  devoted  to  gene- 
ral rejoicings  and  public  sacrifices,  and  no  one  was 
allowed  to  show  any  symptoms  of  grief  or  sorrow. 

But  the  Romans  fUso  celebrated  hilaria,  as  a 
feria  stativa,  on  the  25th  of  March,  in  honour  of 
Cybele,  the  mother  of  the  gods  (Macrob.  Sai.  I 
21)  ;  and  it  is  probably  to  distinguish  these  hilaria 
from  those  mentioned  above,  that  Lampridius 
(Alexand.  Sever,  c.  37)  calls  them  Hilaria  Matria 
Deum.  The  day  of  its  celebration  was  the  first 
after  the  vernal  equinox,  or  the  first  day  of  the 
year  which  was  longer  than  the  night.  The  winter 
with  its  gloom  had  passed  away,  and  the  first  day 
of  a  better  season  was  spent  in  rejoicings.  (Flav. 
Vopisc.  Aurelian.  c.  1.)  The  manner  of  its  cele- 
bration during  the  time  of  the  republic  is  unknown, 
except  that  Valerius  Maximus  (ii.  4.  §  3)  mentions 
games  in  honour  of  the  mother  of  the  gods.  Re- 
specting its  celebration  at  the  time  of  the  empire, 
we  learn  from  Herodian  (i.  10,  11)  that,  among 
other  things,  there  was  a  solemn  procession,  in 
which  the  statue  of  the  goddess  was  carried,  and 
before  this  statue  were  carried  the  most  costly 
specimens  of  plate  and  works  of  art  belonging 
either  to  wealthy  Romans  or  to  the  emperors  them- 
selves. All  kinds  of  games  and  amusements  were 
allowed  on  this  day  ;  masquerades  were  the  most 
prominent  among  them,  and  every  one  might,  in 
his  disguise,  imitate  whomsoever  he  liked,  and 
even  magistrates. 

The  hilaria  were  in  reality  only  the  last  day  of 
a  festival  of  Cybele,  which  commenced  on  the  22d 
of  March,  and  was  solemnised  by  the  Galli  with 
various  mysterious  rites.  (Ovid,F<M<.  iv.  337,  &c.) 
It  must,  however,  be  observed  that  the  hilaria  are 
neither  mentioned  in  the  Roman  calendar  nor  in 
Ovid^s  Fasti.  [L.  S.] 

HILAROTRAGOEa)IA.     [Tragoedia.] 
HIMATION  {iiJjirtov),     [Pallium.] 
HIPPARCHUS.     [ExRRcrrus,  p.  487,  a.] 
HIPPARMOSTES.   [Exbrcitus,  pu  483,  b.] 
HITPICON  (imrucrfr,  sc.  <mi8ioy),  a  Greek 
measure  of  distance,  equal  to  four  stadia.     Accord- 
ing to  Plutarch  it  was  mentioned  in  the  laws  of 
Solon  (Plut  Sol.  23).     Hesychius  also  mentions 
it  under  the  name  of  Tinrcios  ip6fMS,     (Comp. 
HiPPODROMus ;  Stadium.)  [P.  S.] 

HIPPO'BOTAE  (iinrotfrfraO,  the  feeders  of 
liorses,  was  the  name  of  the  nobility  of  Chalets  in 
Euboea,  corresponding  to  the  irrctf  in  other  Greek 
states.  On  the  conquest  of  the  Chalcidians  by  the 
Athenians  in  B.  c.  506,  these  Hippobatae  were 
deprived  of  their  lands,  and  4000  Athenian  clemchi 
sent  to  take  possession  of  them.  (Herod,  v.  77, 
vi.  100;  Strab.  x.  p.  447  ;  Plut  PericL  23  j 
Aelian,  V,  H.  vi.  1.)     [Colonia,  p.  314,  a.] 

HIPPODAMEIA  (ImroUfifia,  sc.  Ip7«),i>  an 
adjective  derived  from  the  name  of  the  architect 
Hippodamus  of  Miletus,  who  is  said  to  have  been 
the  first  of  the  Greeks  who  built  whole  cities  on  a 
regular  architectural  plan  ;  and  hence  the  word  is 
applied  to  such  cities,  and  to  the  public  places  and 
buildiqgi  in  them.    Peiraeeus,  for  example,  inis 


HIPPODROMUS. 
designed  by  Hipnodamns,  and  its  mailbet-pla^ 
was  called  'hnrMfuui  iryopii  (Haipocr.  a.  r, 
Hippodamus  flourished  during  the  aeoond  half  j 
the  fifth  century  b.  c.  (See  Diet,  of  Bicff.  a^ 
Hippodamuu:  Miiller,  ArekaoL  dL  Ktaut^ 
111.)  [P.S.] 

HIPPO'DROMUS  (In6fyof»o9)  ww  tlie  un^ 
by  which  the  Greeks  designated  the  jAmet  apf«tj 
priated  to  the  horse-races,  both  of  chsuiota  and  i 
single  horses,  which  formed  a  part  of  their  game^ 
The  word  was  also  applied  to  the  raoea  themsehre^ 

The  mode  of  fighting  from  chariots,  as  describe^ 
by  Homer,  involves  the  necessity  of  much  previoi^ 
practice  ;  and  the  iimeral  games    in   hooonr  i>j 
Patrodus   present  us   with  an   example   of   ih^ 
chariot*iaoe,  occup3fing  the  first  and  most  importa&j 
place  in  those  games.     {JL  xxiil  262 — 650.)     ll 
this  vivid  description  the  nature  of  the  contest  aoi^ 
the  arrangements  for  it  are  very  cleariy  indicatedJ 
There  is  no  artificially  constructed  hippodrumej 
but  an  existing  land  mark  or  monument  (riTstaj 
331)  is  chosen  as  the  goal  (r4pfM\  roond  wUthi 
the  chariots  had  to  pass,  leaving  it  on  the  left  hacd 
(336),  and  so  returning  to  the  Greek  ships  oo  the 
sea-shore,  finom  which  they  had   stsrted  (3^^^. 
The  course  thus  marked  out  was  so  long,  that  the 
goal,  which  was  the  stump  of  a  tree,  conld  only  be 
clearly  seen  by  its  having  two  white  stones  leaning 
against  it  (327—329),  and  that,  as  the  charcu 
return,  the  spectators  are  uncertain  which  is  fiisx 
(450,  &C. :  the  passage  furnishes  a  precedent  (\a 
betting  at  a  horse-race,  485).     The  gioand  ii  a 
level  plain  (330),  but  with  its  natural  inequalities, 
which  are  sufficient  to  make  the  light  chariotB  leap 
from  the  ground  (369,  370),  and  to  threaten  an 
overthrow   where    the    earth  was   broken  by  s 
winter  torrent,  or  a  collision  in  the  narrow  hollow 
way  thus  fi>rmed  (419—447).     The  chariots  wrre 
five  in  number,  each  with  two  horses  and  a  san^ 
driver  (288,  &c)  * ;  who  stood   upr^ht  in  fa  j 
chariot  (370). 

In  a  race  of  this  nature,  soocess  would  obvYMisir 
depend  quite  as  much  on  the  couiBffe  and  skili  of 
the  driver  as  on  the  speed  of  the  hones ;  a  &ct 
which  Homer  represents  Nestor  as  impressii^  upnn 
his  son  Antilochus  in  a  speech  which  fully  ex- 
plains the  chief  stratagems  and  dangers  of  the 
contest,  and  is  nearly  as  applicable  to  the  chariot 
races  of  later  times  as  to  tiie  one  described  by 
Homer  (305^348).    At  starting,  it  was  necessanr 
so  to  direct  the  horses  as,  on  the  one  hand,  to  an»id 
the  loss  of  time  by  driving  wide  of  the  stiaightest 
course,  and  on  the  other  not  to  incur  the  risk  of  a 
collision  in  the  crowd  of  chariots,  nor  to  make  to 
straight  for  the  goal  as  to  leave  insuffident  roooi  to 
turn  it.     Here  was  the  critical  point  of  the  rscR, 
to  turn  the  goal  as  sharp  as  possible,  with  the  nare 
of  the  near  wheel  almost  grazing  it,  and  to  do  tbii 
safely :  very  often  the  driver  was  here  thrown  oot, 
and  the  chariot  broken  in  pieces  (334 — 343, 46S 
~468).     There  was  another  danger  at  this  point, 
which  deserves  particular  notice  as  connected  with 
the  arrangements  of  the  hippodrome  of  later  tiise& 
As  the  horse  is  a  very  timid  animal,  it  can  essfly 
be  understood  that  the  noise  and  crush  of  msov 
chariottf  turning  the  goal  together,  with  the  addi* 


*  But  Nestor  complains  of  having  been  once 
beaten  by  two  brothers  driving  at  once^  the  one 
managing  the  reins  and  the  other  pljfag  the  whip 
(638—642). 


HIPPODROMUS 


HIPPODROMUSL 


6(m 


ikosd  amfiisiaQ  crated  bj  the  oTerthrow  of  some 
of  Uiem,  -would  w  frighten  some  of  the  hones  as  to 
Boke  them  unxnanagnkble ;  and  this  is  expressly 
it^feired  to  by  Homer  (468) 

AoMOf  the  other  disasters,  to  which  the  competi- 
1:33  woe  liable  were  the  loss  of  the  whip  (384) ; 
the  reioa  escaping  from  the  hands  (465)  ;  the 
breaking  of  the  pde  (302)  ;  the  light  chariot  being 
flTfftuTDed,  or  the  driver  thrown  oat  of  it,  throogh 
tk-  roagbness  of  the  ground,  or  by  n^lecting  to 
balance  the  body  properly  in  taming  the  goal  (368, 
3(79,417 — 125,  335);  and  the  being  compelled 
to  |iTe  way  to  a  bolder  driver,  for  fear  of  a  colli- 
>ioa  (42$-— 437)  ;  but  it  was  considered  foul  play 
'.o  take  sach  an  advantage  (439—441, 566— 61 1). 
Tb^ie  and  similar  diaasters  were  no  doubt  frequent, 
zfid,  in  aooordanee  with  the  religious  character  of 
the  gsmea,  they  were  ascribed  to  the  intervention 


of  the  deities,  whom  the  suifierer  had  neglected  to 
propitiate  (383—393,  546,  547).  The  prizes,  is 
in  the  other  Homeric  gomes,  were  of  substantial 
value,  and  one  for  each  competitor  (262 — 270). 
The  charioteer  accused  of  foul  pUy  was  required 
to  kiy  his  hand  upon  his  horses,  and  to  swear  by 
Poseidon,  the  patron  deity  of  the  n^e,  that  he  was 
guiltless  (581—585). 

This  description  may  be  illustrated  by  tho  fol- 
lowing engraving  from  an  antique  Greek  vase  ;  in 
which  we  see  the  goal  as  a  mere  stone  post,  with 
a  fillet  wound  round  it :  the  form  of  the  chariots 
are  well  shown,  and  the  attitude  of  the  drivers ; 
each  has  four  horses,  as  in  the  earliest  Olympic 
chariot  race  ;  and  the  vividness  of  the  representa> 
tion  is  increased  by  the  introduction  of  the  incident 
of  a  horse  having  got  loose  from  the  first  chariot, 
the  driver  of  which  strives  to  retain  his  place  with 
the  other.  (Panofka,  BUder  Antiken  Lebens^  pi. 
iii.  No.  10.) 


Ycst  other  representations  of  the  race  and  its 
diiasten,  see  Circus,  p.  285,  Currus,  p.  379. 

In  i»  other  writer,  not  even  in  Pindar,  have  we 
a  description  at  once  so  vivid  and  so  minute,  of 
tlie  Greek  chariot  race  as  this  of  Homer's  ;  but  it 
Eiaj  be  safely  assumed  that,  with  a  few  points  of 
di^feieDoe,  it  will  give  us  an  equally  good  idea  of 
a  chariot  race  at  Olympia  or  any  other  of  the  great 
eaiaes  of  later  times.  The  chief  points  of  differ- 
ei^e  were  the  greater  compactness  of  the  course, 
b  order  that  a  large  body  of  spectators  might  view 
the  race  with  convenience,  and  the  greater  number 
0^  chariots.  The  first  of  these  conditions  involved 
the  nceeaity  of  making  the  race  consist  of  several 
d«ible  lei^iths  of  the  course,  instead  of  only  one  ; 


the  second  required  some  arrangement  by  which 
the  chariots  might  start  without  confusion  and  on 
equal  terms.  It  is  now  to  be  seen  how  these 
conditions  were  satisfied  in  the  hippodrome  at 
Olympia ;  of  which  the  only  description  we  possess 
is  in  two  passages  of  Pausanias  (vi.  20,  v.  15.  §  4). 
Very  different  explanations  have  been  proposed  of 
some  important  points  in  those  descriptions ;  but, 
from  want  of  space,  and  from  a  strong  conviction 
of  what  the  correct  explanation  is,  we  pass  over 
the  discussion,  and  give  only  the  result  of  it,  ac- 
cording to  the  view  of  Alexandre  de  la  Borde, 
which  is  adopted  by  Hirt  {Lehre  d,  Gtimude^  pp. 
147 — 150).  The  following  is  the  ground-plan, 
which  Hirt  (pL  xx.  fig.  8)  has  drawn  out  from  the 


description  of  Pausaniaa.  A,  B,  the  sides,  C,  the 
end  of  the  hippodrome,  with  raised  seats  for  the 
spectators  (the  dotted  line  D  d  is  the  axis  of  the 
figure),  a.  Place  of  honour  for  the  magistrates  and 
nnuiciaas  ;  6,  d.  gateways  ;  D,  the  starting-place ; 
«,  its  apex  ;  y^  ^,  its  curved  sides  ;  A,  i,  &c.,  up  to 
I,  statioas  of  the  chariots,  their  directions  con- 
vnging  towards  the  point  £.  F,  G,  the  goals,  or 
tuning-posts  ;  H,  the  spina ;  p  p,  small  intervals 


between  the  spina  and  the  goals  ;  9,  the  winning 
line  ;  m,  dolphin  used  as  a  signal ;  n,  altar,  with 
eagle  for  signal ;  o  o  Oy  portico  of  Agnamptus. 

The  general  form  of  the  hippodrome  was  an 
oblong,  with  a  semicircular  end,  and  with  the  right 
side.  A,  somewhat  longer  than  the  left,  B,  for  a 
reason  to  be  stated  presently.  The  right  side.  A, 
was  formed  by  an  artificial  mound ;  the  left,  B,  by 
the  natural  slope  of  a  hill.     There  were  (besides 


010 


HIPP0DE0MU3. 


the  starting- place)  two  entrances  to  the  area,  h  and 
rf,  of  which  the  former  was  probably  for  the  exit 
of  disabled  chariots  and  horses,  and  the  latter  ap- 
pears to  have  been  for  the  same  purpose  as  the 
porta  friumphaiU  in  the  Roman  circas.  The  base 
of  the  fourth  side,  D,  was  formed  by  the  portico  of 
Agnamptns,  so  called  from  its  baUder.  At  this 
end  of  the  hippodrome  was  the  starting-place 
{i^ins\  in  the  form  of  the  prow  of  a  ship,  with 
its  apex,  «,  towards  the  area,  and  each  of  its  sides 
more  than  400  feet  long.  Aloi^  both  these  sides 
were  stalls  (olid^^ra)  for  the  chariots  aboat  to 
start,  like  the  ecareem  in  the  Roman  civcus  ;  and 
it  waa  in  the  arrangement  of  these  staUs  that  the 
peculiarity  of  the  Greek  startmg-place  consisted. 
According  to  the  riew  which  we  follow,  the  stalls 
were  so  arranged,  as  that  the  pole  of  each  chariot, 
while  standing  in  its  stall,  waa  directed  to  a  normal 
pomtf  E,  at  which,  as  nearly  as  possible,  each 
chariot  ought  to  fall  into  its  proper  course.  As 
this  point,  E,  was  necessarily  on  the  right  side  of 
the  area  (in  order  to  turn  the  goal  on  the  left  hand), 
and  as  the  corresponding  stjdls  on  each  side  were 
required  to  be  equidistant  from  the  apex,  0  (as  will 
presently  be  seen)  and  of  course  also  from  the 
point  E,  it  follows  that  the  base  of  the  aphesu 
must  have  been  perpendicular  to  the  line  E  e,  and 
therefore  oblique  to  the  axis  D  d  ;  and  this  is  the 
reason  why  the  side  A  was  longer  than  the  side 
B.  The  curvature  of  the  sides  of  the  aphesis,/^  ^, 
is  a  conjectural  arrangement,  assumed  as  that 
which  was  probably  adopted  to  give  more  space  to 
each  chariot  at  starting.  The  front  of  each  stall 
had  a  cord  drawn  across  it,  and  the  necessary 
arrangements  were  made  for  letting  these  cords  fiiU 
at  the  right  moments.  On  the  signal  being  given 
for  the  race  to  begin,  the  cords  in  front  of  the  two 
extreme  stalls,  k  k^  were  let  foil  simultaneously, 
and  the  two  chariots  started  ;  then  those  of  the 
next  pair ;  and  so  on,  each  pair  of  chariots  being 
liberated  at  the  precise  moment  when  those  which 
had  already  started  came  abreast  of  their  position  ; 
and,  when  all  the  chariots  formed  an  even  line 
abreast  of  the  apex  of  the  aphesis,  «,  it  was  a  fair 
start  This  arrangement  of  the  apheAU  -aiis  the 
invention  of  the  statuary  Cleoetas,  and  was  im- 
proved by  Aristeides  (perhaps  the  (amous  painter ; 
see  Hirt,  L  c),  Cleoetas  celebrated  his  invention 
in  an  epigram,  which  he  inscribed  on  the  base  of 
a  statue  made  by  him  at  Athens : 

*Oj  t^v  indtptaiw  iy  'OAvjutrtf  ^Sparo  wp&ros 
TcD^c  fik  KXf lofraf ,  vlhs  *Ap»<rroicXA>vs. 

Precisely  the  same  arrangements  were  made  for 
the  start  iji  the  race  of  single  horses  (KcAip-cf), 
and  in  both  cases,  as  in  the  race  described  by 
Homer,  the  stalls  were  assigned  to  the  competitora 
by  lot.  How  many  chariots  usually  started,  can- 
not  be  determined ;  but  that  the  number  was 


RIPPODROMUfll 

large  is  prored  by  the  well-known  stsiy,  tkst  Aid! 
biades  alone  sent  to  ooe  race  seven  charioti.  So{ 
phodea  {EiecL  701 — 708)  mentions  ten  chariou  a^ 
running  at  once  in  the  Pythian  games ;  sod  tkj 
number  at  Olympia  waa  bo  doubt  greater  thaa  a{ 
any  of  the  other  games.  This  b  probabij  ibi 
reason  why  the  amngements  of  a  stardng-pbc^ 
were  so  much  more  coci{dicated  in  the  Gredc  tiif^ 
podromus  than  they  were  in  the  Rcmaa  eirt^ 
[Circus].  About  the  centre  of  the  trianfalaj 
area  of  the  aphesis  there  was  an  altar,  a,  of  ros^l 
bride,  which  was  plastered  afresh  befoie  ead 
festival,  surmounted  by  a  bronxe  eagle  with  oati 
stretched  wings ;  and  aboye  the  apfx  of  \\\ 
aphesis  was  a  bronae  dolphin,  m.  As  the  ligrJ 
for  the  race  to  begin,  the  eagle  was  made  to  soej 
aloft,  so  as  to  be  seen  by  a&  the  ^eetaton,  a&^ 
the  dolphin  sank  to  the  groond. 

The  chariots,  thus  started,  had  to  pass  rnpnil 
times  round  turn  goals  {r6frowt\  the  distisctitsi 
between  which  is  one  of  the  difficult  poinu  in  tii^ 
description  of  Pausanias.  On  the  whole  it  se«nJ 
most  probable  that  the  one  which  he  descnbei  3^ 
having  upon  it  a  bronze  statue  of  Hippodatm^la^ 
holding  out  the  victor^  fillet,  as  if  about  to  rmvr^ 
Pelops  with  it,  was  the  one  nearer  to  the  apb«i«j 
and  abreast  of  the  winning  line^  F  ;  and  that  liiv] 
other,  O,  round  which  the  chariots  made  their  £t>^ 
turn,  was  that  which  Paosanias  calls  **  Tanixif<pQs, 
the  terror  of  the  horses.^  This  was  a  round  aitar,, 
dedicated  to  Taraxlppoa,  who  was  soppoecd  » 
strike  a  supernatural  terror  into  the  hones  as  tifj 
passed  the  spot,  and  whom,  therefore,  the  ckm;- 
eers  sought  to  propitiate,  before  the  race  he^  Ir 
offering  sacrifices  and  making  vows  at  this  alt^i. 
Pausanias  gives  various  accounts  as  to  vho  tbia 
Taroxippus  was :  some  modem  schoUin  take  ibe 
word  for  an  appellation  of  Poseidon  Hippiu^  He 
was  similarly  honoured  in  the  Isthmian  hippo- 
drome. At  Nemea  there  was  no  such  bfrQ,b&t 
above  the  turning  point  of  the  course  there  to  a 
bright  red  rock,  wnich  was  supposed  to  fiigbtwi 
the  horses.  He  adds  the  remark  that,  the  Olnn- 
pian  Taraxippus  had  by  far  the  most  powerful 
effect  upon  the  horses ;  and  considering  that  th« 
number  of  chariots  which  joined  in  the  nee  tb^fe 
was  greater  than  at  any  of  the  other  gamei,  lijat 
remark  affords  a  pretty  clear  proof  thai  thf  ei- 
phuiation  of  the  supposed  supernatural  terror  ii  tbj 
which  has  been  given  above  in  describing  the 
Homeric  race.  There  are  several  vase  I««n^ 
on  which  charioU  or  single  horMs  are  exhibited 
turning  the  goal,  which  is  rqippsentcd  sb  a  Done 
or  Ionic  column.  (See  Panofka,  BUdtrAntik* 
Lehens,  pi.  iii.)  One  of  these  is  shown  in  the  fol- 
lowing engraving,  which  exhibits  arivid  pjctarref 
a  race  of  single  horses :  the  hist  rider  has  bcei 
unlucky  in  turning  the  goaL 

There  is  no  authority  in  the  account  of  Ptasaaai 


HISTRIO, 
fir  tbe  eoBneeUng  wail,  H,  between  the  goals, 
sar  does  be  state  that  the  winnbig  line,  9,  was 
zaaiked  oat  as  a  white  line ;  but  these  details  are 
iasertcd  §nm  the  audogy  of  the  Roman  drciu. 
Sj  aho  is  the  oUique  positioii  of  the  line  of  the 
goals,  as  compsaed  with  the  axis  of  the  figure :  of 
coone  the  greatest  space  was  nqoired  at  E,  where 
the  chanots  weie  all  nearly  abreast  of  each  other. 

Bespccting  ike  djiaaisioas  of  the  Oljmpie  Hip- 
ptdrsiBe  we  bare  no  precise  information ;  biit, 
from  the  kagth  of  the  measure  called  Hippioon, 
■ad  oa  other  groonds,  it  seems  probable  that  the 
dotanee  ftom  the  starting-place  to  the  goal,  or 
perboips  lather  from  one  goal  to  the  other,  was  two 
stadia,  a»  that  one  doable  eoone  was  foor  stadia. 
Uww  amny  such  donUe  oonxses  made  up  the  whole 
nee,  we  are  not  infonaed.  The  width  most  have 
tMffii,  as  least,  as  great  as  the  length  of  each  side 
«f  the  ayiffm,  namely,  more  than  400  feet  There 
doea  Boc  appear  to  have  been  mach  architectural 
display  in  the  structure,  and  not  many  statues. 
The  intenial  area  of  the  aphesis,  D,  contained 
seresalahan. 

The  chief  points  of  difference  between  the  Greek 
hippodnNBe  iad  the  Roman  circus  are  the  smaller 
widtk  of  the  latter,  as  only  four  chariots  ran  at 
oBce,  and  the  di&rent  anangement  of  the  carcere$. 
The  periods  at  which  the  Olympic  horse-races  were 
msttiaited  are  owationed  under  Olyutia. 

A  few  other  hippodromes  in  Greece,  Syria,  and 
Egypt,  ace  oKntioned  by  Pausanias  and  other 
writeia;  bvt  they  deserve  no  special  mention. 
(CompL  Kraose,  Gjfmn.  mnd  Agtm,  voL  l  pp.  151, 
&c)     See  also  Hoktus.  [P.  S.] 

UIPPOPE'RAB  (ivwev^pcu),  saddle-bags. 
This  appea^^  to  the  saddle  [Ephippium]  was 
made  of  leather  {ftaeenii  90ort»i,  Festus,  «.  v.  Bvl- 
fait\  and  does  not  appear  ever  to  have  changed  its 
fbna  and  appearance.  Its  proper  Latin  name  was 
kitneeimm  (Petron.  SaL  ZV\  which  gave  origin  to 
iuaaeta  in  Italian  and  &esacs  in  French.  By  the 
GanU,  ttddle-bags  were  called  hulgae  (Festus,  L  c.  ; 
Oiiaesrri/,  Gr.  LaL\  becaose  they  bulge  or  swell 
oatwards ;  this  significant  appellation  is  still  re- 
tained in  the  Welsh  Mgim  or  huAgtm.  The  more 
degant  tena  Uppaptron  is  adopted  by  Seneca 
\EriM.  88).  [J.  Y.] 

HISTION    and    HISTOS     (rarfoK,  iorrfs). 

[NAV1&] 

HI'STRIO  (^Toicpir^s),  an  actor.  1.  Grssk. 
It  is  shown  in  the  articles  Chobus  and  Dionysu 
that  the  Greek  drama  originated  in  the  chorus 
which  at  the  festivals  of  Dionysus  danced  around 
hii  altar,  and  that  at  first  one  person  detached 
hxsisdf  from  the  chonia,  and,  with  mimic  gesticu- 
laaoo,  related  his  story  either  to  the  chorus  or  in 
convenatioD  with  iL  If  the  story  thos  acted  re- 
(pnred  OMre  than  one  person  they  were  all  repre- 
sented in  soeoession  by  the  same  actor,  and  there 
ms  never  more  than  one  person  on  the  stage  at 
a  time.  This  eostom  was  retahoed  by  Thespis  and 
Phfysichns.  But  .it  was  dear  that  if  the  chorus 
took  aa  active  and  independent  part  in  such  a  phiy, 
it  wDold  have  been  obliged  to  leave  its  original 
and  cfaazaderistic  sphere.  Aeschylus  therefore 
added  a  second  actor,  so  that  the  action  and  the 
disiogue  became  independent  of  the  chorus,  and  the 
daaatiBt  at  the  same  time  had  an  opportunity  of 
ihowing  two  persons  in  contrast  with  each  other 
oQ  the  stige.  (Axistot  PwL  it  14.)  Towardsthe 
dose  of  his  career^  Aeschylus  foond  it  necessary 


UISTRia  611 

to  introduce  a  third  actor,  as  is  the  case  in  the 
Agamemnon,  Chocphori,  and  Eumenides.  (Pollux, 
iv.  110.)  This  number  of  throe  actors  was  also 
adopted  by  Sophodes  and  Euripides,  and  was  but 
seldom  exceeded  in  any  Greek  drama.  In  the 
Oedipus  in  Colonus,  however,  which  was  performed 
after  the  death  of  Sophodes,  four  actors  appeared 
on  the  stage  at  once,  and  this  deviation  firam  the 
genenl  rule  was  called  vopaxop^Tilfui.  (Pollux, 
L  e.)  The  three  regular  actors  were  distinguished 
by  the  technical  names  of  vpsrraywrurTi^,  8cifrcp». 
TwrioT^s,  and  rpgrayufurHis  (Suidas,  s.  e.  Tpira. 
7WM0T^s:  Demosth.  ds  Coram,  p.  315,  «2s  FaU. 
Leg,  p.  344  and  403),  which  indinted  the  more  or 
less  prominent  part  which  an  actor  had  to  perform 
in  the  drama.  Certain  conventional  means  were 
also  devised,  by  which  the  spectators,  at  the  mo* 
ment  an  actor  appeared  on  the  stage,  were  enabled 
to  judge  which  part  he  was  going  to  perform  ;  thus, 
the  protagonistes  always  came  on  the  stage  Irum  a 
door  in  the  centre,  the  deuteragonistes  frun  one  on 
the  right,  and  the  tritagonistes  from  a  door  on  the 
left  hand  side.  (Pollux,  iv.  124.)  The  protagonistes 
was  the  prindpal  hero  or  heroine  of  a  play,  in 
whom  all  the  power  and  eneigy  of  the  drama  wrrt 
concentrated ;  and  whenever  a  Greek  drama  is 
called  after  the  name  of  one  of  its  personae,  it  is 
always  the  name  of  the  character  which  was  per- 
formed by  the  protagonistes.  The  deuteragonistes, 
in  the  pieces  of  Aeschylus  for  two  actors,  calls 
forth  the  various  emotions  of  the  protagonistes 
either  by  friendly  sympathy  or  by  painful  tidings, 
&C.  The  part  of  a  triti^onistes  is  represented  by 
some  external  and  invisible  power,  by  which  the 
hero  is  actuated  or  caused  to  suffer.  When  a 
tritagonistes  was  added,  the  part  assigned  to  him 
was  generally  that  of  an  instigator  who  was  the 
cause  of  the  sufferings  of  the  protagonistes,  while 
he  himself  was  the  least  capable  of  depth  of  feeling 
or  sympathy.  The  deuteragonistes  in  the  dramas 
for  three  actors  is  generally  distinguished  by  lofti- 
ness and  warmth  of  feeling,  but  has  not  its  depth 
and  vehemence  peculiar  to  the  protagonistes,  and 
thus  serves  as  a  foil  to  set  forth  the  character  of 
the  chief  hero  in  its  most  striking  and  vivid  colours. 
(MUller,  Hid,  of  Greek  Lit,  I  p.  305,  &c. ;  compare 
Bottiger,  De  Actorilmg  Primarum,  SecutuL  et  TerL 
Pariittm.) 

The  female  characters  of  a  play  were  always 
performed  by  young  men.  A  distinct  dass  of 
persons,  who  made  acting  on  the  stage  their  pro- 
fession, was  unknown  to  the  Greeks  during  the 
period  of  their  great  dramatists.  The  earliest  and 
greatest  dramatic  poets,  Thespis,  Mehnthius,  So- 
phocles, and  probably  Aeschylus  also,  acted  in 
their  own  plays,  and  in  all  probability  as  protago- 
nistae.  We  also  know  of  several  instances  in 
which  distinguished  Athenian  citizens  appeared  on 
the  stage,  and  Aeschincs,  the  orator,  did  not  scruple 
to  act  the  port  of  tritagonistes.  (Demosth.  /.  c.) 
These  circumstances  show  that  it  was  by  no  means 
thought  degrading  in  Greece  to  perform  as  an 
actor,  and  that  no  stigma  whatever  was  attached 
to  the  name  of  a  man  for  his  appearing  on  the 
stage.  Bad  actors,  however,  to  whatever  station 
in  life  they  bdonged,  were  not,  on  that  account, 
spared  ;  and  the  general  mode  of  showing  difr- 
pleasure  on  the  part  of  the  spectators  seems  to  have 
been  by  whistling.  (D.mosth.  Ve  Cbroa.  p.  31 5.) 
It  appears  that  when  the  spectators  showed  their 
displeasure  in  too  offensive  or  insulting  a  manner, 
R  R  2 


612 


HTSTRIO. 


the  acton  would  sometimes  attack  the  most  forward 
of  the  audience,  and  quarrels  of  this  kind  ended 
not  unfrequently  in  blows  and  wounds.  (Demosth. 
de  Conm.  p.  314,  deFalt.  Leg.  p.  449 ;  Andocid. 
e.  Alcib.  p.  121  ;  Athen.  ix.  p.  406.)  At  a  later 
period,  however,  persons  began  to  devote  them- 
selves exclusively  to  the  profession  of  actors,  and 
distinguished  individuals  received  even  as  early  as 
the  time  of  Demosthenes  exorbitant  sums  for  their 
performances.  Various  instances  are  mentioned  in 
BSckh^s  PvbL  Earn,  of  Athens^  p.  120,  &c.  At 
the  time  when  Greece  had  lost  her  independence, 
we  find  regular  troops  of  actors,  who  were  either 
stationary  in  particular  towns  of  Greece,  or  wan- 
dered  from  place  to  place,  and  engaged  themselves 
wherever  tney  found  it  most  profitable.  They 
formed  regular  companies  or  guilds,  with  their 
own  internal  organisation,  with  their  common  offi- 
cers, property,  and  sicra.  We  possess  a  number 
of  inscriptions  belonging  to  such  companies,  with 
decrees  to  honour  their  superiors,  or  to  declare  their 
gratitude  to  some  king  by  whom  they  had  been  en- 
gaged. But  these  actors  are  generally  spoken  of 
in  very  contemptuous  terms  ;  they  were  perhaps  in 
some  cases  slaves  or  freedmen,  and  their  ordinary 
pay  seems  to  have  been  seven  drachmae  for  every 
performance.  (Lucian,  loaromm,  29,  d»  Merced, 
Cond.  5  ;  Theophrast.  Charad.  6.) 

(Compare  MUUer,  Hid.  of  Greek  Lit.  i.  p.  304, 
&c  ;  Becker,  CharUdes^  ii.  p.  274  ;  Bode,  Geach. 
der  Drum,  Dichtkurut  der  HeUenen^  2  vols.  1839 
and  1840.) 

2.  Roman.  The  word  kistrioMs,  by  which  the 
Roman  actors  were  called,  is  said  to  have  been 
fonned  from  the  Etrusran  kieter  which  signified  a 
ludio  or  dancer.  (Liv.  viu  2  ;  Val.  Max.  ii.  4.  §  4  ; 
compare  PluL  QuaesL  Rom.  p.  289,  c)  In  the 
year  364  b.  a  Rome  was  visited  by  a  phigue,  and 
as  no  human  means  could  stop  it,  the  Romans  are 
said  to  have  tried  to  avert  the  anger  of  the  gods 
by  scenic  plays  (ludi  acenid)^  which,  until  then, 
had  been  unknown  to  them  ;  and  as  there  were  no 
persons  at  Rome  prepared  for  such  performances, 
the  Romans  sent  to  Etniria  for  them.  The  first 
histriones  who  were  thus  introduced  firom  Etniria, 
were  dancers,  and  performed  their  movements  to 
the  accompaniment  of  a  flute.  That  the  art  of 
dancing  to  this  accompaniment  should  have  been 
altogetner  unknown  to  the  Romans  is  hardly  credi- 
ble ;  the  real  secret  must  have  been  in  the  mode 
of  dancing,  that  is,  in  the  mimic  representations  of 
the  dancers,  such  as  they  are  described  by  Diony- 
sius  {AtUiq.  Rom.  vii.  72)  and  Appian  (viii.  66). 
That  the  Etruscan's  fiir  excelled  the  Romans  in 
these  mimic  dances,  is  more  than  probable ;  and 
we  find  that  in  subsequent  times  also,  a  fresh  sup- 
ply of  Etruscan  dancers  (hUtriones)  came  to  Rome. 
(Mtiller,  Etmsk.  iv.  1.  6.)  Roman  youths  after- 
wards not  only  imitated  these  dancers,  but  also 
recited  rude  and  jocose  verses,  adapted  to  the 
movements  of  the  dance  and  the  melody  of  the  flute. 
This  kind  of  amusement,  which  was  the  basis  of 
the  Roman  drama,  remained  unaltered  until  the 
time  of  Livius  Andronicus,  who  introduced  a  slave 
upon  the  stnge  for  the  purpose  of  singing  or  reciting 
the  recitative,  while  he  himself  performed  the  ap- 
propriate dance  and  gesticulation.  [Canticum.] 
A  further  step  in  the  development  of  the  drama, 
which  is  likewise  ascribed  to  Livius,  was,  that  the 
dancer  and  reciter  carried  on  a  dialogue,  and  acted 
a  story  with  the  accompaniment  of  the  flute.    (See 


HISTRIO. 
GronoT.  ad  Lh.  Le.)    The  name  hiatrioi,  wbkh 
originally  signified  a  dancer,  was  now  applied  co 
the  actors   m  the  drama.     The  Rt^llanaff   were 
phiyed   by   iieebom  Romans,  while    the  legoiar 
drama  was  left  to  the  histriones  who   formed  a 
distinct  class  of  persons.     It  is  dear  frvm  the  words 
of  Livy,  that  the  histriones  were  sot  citisena  ;  itat 
they  were  not  contained  in  the  tribes,  dcm'  alinwr-i 
to  \)0  enlisted  as  soldiers  in  the  Roman  kigiom ; 
and  that  if  any  citizen  entered  the   -prokanoa  cf 
histrio,  he,  on  this  account,  was  excluded  iram  hi 
tribe.     Niebuhr  (Hisi.  of  Rame^  L  pu  620,  ttue 
1 150)  thinks  difierently,  but  does  not  aasign  any 
reason  for  his  opinion.     The  histriones  were  there- 
fore always  either  freed-men,  struigen,  or  t^ve^ 
and  many  passages  of  Roman  writera  show  that  tln-r 
were  generally  held  in  great  contempt.     (Cic  /ro 
Arck.5;  Cora.  Ncp. PnxefaL  6  ;  Soeton.  Tib.  ^V> 
Towards  the  close  of  the  republic  it  was  onhr  eacli 
men  as  Cicero,  who,  by  their  Greek  cdocaii«i» 
raised  themselves  above  the  pivjudiccs  of  their 
countfymen,  and  valued  the  person  no  ka  than 
the  talents  of  an  Aesopus  and  Rosciua.     (Macrnlj. 
Sat.  ii.  10.)     But  notwithstanding  this  low  esti- 
mation in  which  actors  were  geuentUy  held»  dis- 
tinguished individuals  among  them  stttracted  iia> 
mense  crowds  to  the  theatres,  and  were  exorbitant] v 
paid.     (Cic.  e.  Verr,  iv.  16.)     Roscios  alone  re- 
ceived every  day  that  he  performed  one  tbousaiid 
denarii,  and   Aesopus  left  his   son   m  fortune  ul 
200,000  sesterces,  which  he  had  aequired  sok-lr 
by  his  profession.    (Macrob.  /.  c)    The  positioa  uf 
the  histriones  was  in  some  respects  a] tend  dorins 
the  empire.     By  an  ancient  law  the  Roman  magis- 
trates were  empowered  to  coerce  the  histriones  a: 
any  time  and  in  any  place,  and  the  praetor  had  the 
right  to  scourge  them  {jus  viryarum  in  kistriamG  \. 
This  law  was  partly  abolished  by  Aognstns,  in  as 
fiir  as  he  did  entirely  away  with  the  jus  Tii^^aranu 
and  confined  the  interference  of  the  magistrates  t<> 
the  time  when,  and  the  place  where  {ImdU  et  ecrma) 
the  acton  performed.    (Tacit.  AnnaL  L  77.)     But 
he  nevertheless  inflicted  very  severe  pnnisfameiilB 
upon  those  actors  who,  either  in  their  private  life 
or  in  their  conduct  on  the  stsge,  conmiitted  any 
impropriety.     (Suet.  Aug,  45.)     After  these  iv- 
gulations  of  Augustus  the  only  legal  ponishrae&ts 
that  could  be  inflicted  upon  actors  for  improper 
conduct,  seem  to   have   been  imprisonment  and 
exile.     (Tacit  AnnaL  iv.  14,  xiil  28.)     The  jos 
virgarum  is  indeed  said  to  have  been  mtocvd  to 
the  praetor  by  a  law  of  Augustus  himself  (PaalL 
Sent.  V.  tit  26),  not  expressly,  but  by  the  inter- 
pretation put  upon  this  law  by  the  jurists.     But 
this  interpretation  cannot  have  become  valid  till 
after  the  reign  of  Tiberius,  of  whom  it  is  deariy 
stated  that  he  rcftised  to  restore  the  jus  Tii|(amni, 
because  it  had  been  abolished  by  his  predeoessor. 
(Tacit  AwtaL  L  77.)    These  circnmstanoes,  and 
the  fiivour  of  the  emperors,  increased  the  arrogance 
and  the  loose  conduct  of  the  histriones,  and  the 
theatres  were   not  seldom  the  scenes  of  bloody 
fights.     Hence  Tiberius  on  one  occasion  foimd  him- 
self obliged  to  expel  all   histriones  froa  Iislv 
(Tacit  AtmaL   iv.  14  ;    Dion  Cass.  lix.  2)  ;  hai 
they  were  recalled  and  patronised  by  h»  sQceessoc 
(Dion  Cass.  lix.  p.  738.)    Some  of 'the  later  em- 
perors were  exceedingly  fond  of  histriones,  and 
kept  them  for  their  private  amusement  (kutritmes 
aulid^   Spartian.   Hadrian,   c.  19  ;   JuL  OipitoL 
Penw,  c.  8).     They  performed  at  the  repasts  of 


HOMOET. 
tfe  enfcnxs  (Soeton.  Avg.  7i\  and  were  ocai> 
smsbBj  alloved  also  to  |Jaj  in  tiie  theatres  before 
tbe  peo^  {pMieaboMiur),  In  the  Digest  (3.  tit  2. 
&.  I)  ve  read  that  all  acton  vere  infiunous.  From 
ibe  time  of  Tadtos  the  word  hlstrio  was  used  as 
miotiymoiis  with  pantominma.  (B5tticher,  l^er. 
T^ciL  p.  2S3.) 

Respecting  the  ordinary  paj  which  common 
aetn  reccired  doling  the  time  of  the  republic  no- 
thing is  known.  The  pay  itself  vbb  called  biear 
<Taeit.^ma/L  L  77  ;  Pint  Quaat,  Bam,  pw  235,  c.  ; 
Festus,  s.  cv.  Imear  and  peemma)  ;  which  word  was 
periiaps  canfiiied  originally  to  the  payment  made  to 
those  wbo  took  pan  in  the  religions  services  cele- 
brated in  groves.  In  the  times  of  the  empire  it 
BecsDs  that  five  denarii  (Sene&  EpitL  80),  or,  ac- 
oniing  to  others  (Lucian.  loaromeit,  c  29),  seven 
dnehmae,  waa  the  common  pay  for  a  histrio  fiar 
cc^  petfiarmanee.  Several  emperors  found  it  neces- 
sary to  restrict  the  practice  of  giving  immoderate 
mms  to  actors.  (Tacit  Lc;  Suet  Tib.  34.)  The 
<^penr  M.  AnUminns,  who  was  fond  of  all  his- 
triooic  arts,  ordained  that  every  actor  should  re- 
ceive fire  anreit  and  that  no  one  who  save  or  con- 
ducted theatrical  rejoesentations  should  exceed  the 
SB3S  of  ten  anreL  (Jul.  Capitol.  Af,  Ankm.  c.  11 ; 
compare  SchoL  ad  JuvmaL  vii.  243.)  But  it  is 
set  clear  whether  in  this  regidation  the  payment 
for  uoe  or  more  performances  is  to  be  understood. 
These  sums  were  either  paid  by  those  who  en- 
gaged the  acton  to  play  for  the  amusement  of  the 
people,  or  from  the  fiscns.  (Lipsius,  Exam.  N,  ad 
TadL  Ammai.  i.)  Besides  their  regular  pay,  how- 
ever, skilfol  histriones  received  from  the  people 
pM  and  silver  crowns  which  were  given  or  thrown 
va  them  upon  the  stage.  (Phaedr.  Fab.  v.  7.  36  ; 
Pii3./f.iV.  XXL3.)  [L.S.] 

HUDOPOEI  (dSoroioO,  public  officers  at 
Athena,  who  had  to  take  care  of  the  roads  {ol 
ii^  imtuX^froLt  Phot  Lex.  s.  v.)  They  are  men- 
ticQed  in  the  fragment  of  a  comic  poet  of  the  time 
of  Perides  (PUit.  Fraec  PoL  c  15)  ;  but  in  the 
time  of  Aeschinea  their  duties  were  discharged  by 
tlie  mangos  of  the  Thcoric  fund.  (Aesch.  c. 
(^M.  p.  419,  Reiske  ;  comp.  Bockh,  PubU  Eoon,  of 
J£i«»,p.203,2nded.) 
HOLOSE'RICA  VESTIS.  [Sericum.] 
HOLOSPHY'RATON,  HOLOSPHYRE'- 
LATA    [Mai-lxus  ;  Mbtalla.] 

HOMOEI  {Ziuwh\  the  Equals,  were  those 
Spartans  who  possessed  the  full  rights  of  citizen- 
sbip,  and  are  opposed  to  the  (mofitioptiy  or  those 
vho  had  undergone  some  kind  of  civil  degrada- 
tirjiL  (Xen.  d9  Rep,  Laced,  x.  4.  s.  7,  HeUen.  iiL 
X  §  5  :  Arist  PoL  iL  6.  §  21.)  This  distinction 
between  the  citizens  was  no  port  of  the  ancient 
Speutas  oonstitation,  and  is  not  mentioned  by  any 
vriter  before  Xenophon ;  and  Aristotle  simply 
nakes  a  laser  institution  applicable  to  an  early 
time,  when  he  speaks  of  the  Partheniae  as  beloiig- 
iDf  to  the  Homoei  {Pol.  v.  6.  §  1).  In  the  in- 
stitatum  ascribed  to  Lycnrgus,  every  citizen  had  a 
eertain  portion  of  land ;  but  as  in  course  of  time 
manv  citizens  lost  their  lands  through  various 
caosea,  they  were  unable  to  contribute  to  the  ez' 
peases  'of  the  syssitia,  and  therefore  ceased  to 
paKss  the  full  nghto  of  Spartan  citizens.  Hence 
the  dtttmction  appean  to  have  arisen  between  the 
ifiatoi  and  brofuloyts,  the  former  being  those  who 
vere  in  the  possession  of  their  land,  and  conse- 
qsently  able  to  contribute  to  the  syssitin,  the 


HONOREa 


613 


ktter  those  who  through  having  no  land  were  un- 
able to  do  so.  (Comp.  Arist  PoL  ii.  6.  §21,  iL 
7.  §4.)  Those  penons  likewise,  who  did  not 
adopt  the  Spartan  mode  of  life  or  had  disgraced 
themselves  by  any  base  act,  were  also  reduced  to 
the  condition  of  into/uiop^s^  even  if  they  possessed 
the  requisite  hmded  propttty  (Xen.  tU  Ap.  Lae. 
z.  4.  8.  7  ;  Plut  Ind.  Lac  21  ;  Teles,  ap.  StoW 
Fforil,  xl  p.  233)  ;  but  as  the  severity  of  the  an- 
cient Spartan  mannerB  decayed,  the  possession  of 
property  became  the  chief  test  to  a  place  among 
the  HomoeL  The  Homoei  were  the  ruling  class 
in  the  state,  and  they  obtained  possession  of 
almost  all  the  privileges  and  exclusive  rights  which 
the  legislation  of  Lycursus  oonfened  upon  the 
Spartan  citizens.  They  mled  all  the  public  offices 
of  the  state  with  the  exception  of  the  Ephoralty, 
and  they  probablr  met  together  to  determine  upon 
public  affiiin  unaer  the  name  of  liucXirroi  in  an 
assembly  of  their  own,  which  is  called  ^  fuicpk 
^KicXi}o-ia,  to  distinguish  it  from  the  assembly  of 
the  whole  body  of  Spartan  citizens.  (Hermann, 
Lekrb.  d.  Orieek.  Staatmdiertk,  §47  ;  ld.de  Com- 
ditione  aique  Origine  eorum  qui  Homoei  qp,  Laced» 
dtcebantur^  Marbuig,  1832 ;  Schdmann,  AnHq. 
Jwr.PM.  Grate  p.  119.) 

HONORA'RIA  ACTIO.    [Actio.] 
HONORA'RII  LUDI.    [Ludl] 
HONORA'RIUM.        [Advocatub  ;     Lbx 

ClNCIA.] 

HONORA'RIUM  JUS.    [EwcrtTM.] 
HONO'RES.    Cicero  {Tap.  c  20)  spedcs  of  the 

"  honores   populi,"    and  Horace   {Setm.  I  6.  5) 

speaks  of  the  populus 

**  qui  stoltus  honores 
Saepe  dat  indignis.** 

In  both  passages  the  word  **  honores  **  means  the 
high  offices  of  the  state  to  which  qualified  indi- 
viduals were  called  by  the  votes  of  the  Roman 
citizens.  .  Cicero  calls  the  quaestorship  **  honor  ** 
(see  also  Liv.  vi.  39) ;  and  the  words  **magi8tratus  ** 
and  ^  honores  '^  are  sometimes  coupled  together. 
The  capacity  of  enjoying  the  honores  was  one  of  the 
distinguishing  marks  of  citizenship.  [Civita&] 
In  Sulhi's  proscription  (VelL  Pat  ii.  28),  there 
was  a  clause  that  the  children  of  the  proscribed 
**  petendoruro  honorum  jure  prohiberentur.** 

There  appears  to  be  no  exact  definition  of  honor 
earlier  thaji  in  the  jurista  whose  writings  are  ex- 
cerpted in  the  Digest  **  Honor  rounicipalis*^  is 
defined  to  be  **  administratio  reipublicae  cum  dig* 
nitatis  gnuiu,  sive  cum  sumptu,  sive  sine  erogii* 
tione  contingens.*^  Munus  was  either  publicum 
or  privatum.  A  publicum  munus  was  concerned 
about  administration  (m  administranda  repuUioa), 
and  was  attended  with  cost  {tumpius)  but  not 
with  rank  (dignitas).  "  Honor  "  was  property  said 
"deferri,"  **dari;"  munus  was  said  "imponl** 
Cicero  (de  Or.  i,  45)  uses  the  phrase  **  honoribus 
et  reipublicae  muneribus  perfunctum,**  to  signify 
one  who  has  attained  all  the  honours  that  his  state 
can  give,  and  dischai^ged  all  the  duties  which  can 
be  required  from  a  citizen.  A  person  who  held  a 
magistratus  might  be  said  to  dischai^e  munera, 
but  only  as  incident  to  the  office  {magnifieentieetmo 
munere  aedildtatie  per/knchu,  Cic.  ad  Fam.  xi.  17), 
for  the  office  itaelf  was  the  honor.  Such  munera 
as  these  were  public  games  and  other  things  of 
the  kind.  (Dig.  50.  tit  4.  De  Muneribus  et  Ho- 
noribus.)  [O.  U] 

R  R    3 


eU  HORA. 

HOPLITAE  (^Airai).  [Arma  ;  Exni- 
ciTua] 
HOPLOMACHI.  [Glaoiatork8»  p.  575,  b.] 
HORA  {&pa\  in  the  flignification  of  hour,  that 
ii,  the  12th  part  of  the  natonl  day,  did  not  come 
into  general  nie  among  the  ancients  until  abont  the 
midSe  of  the  second  oentiuy  b.  c.  The  equinoc- 
tial hooTB,  though  known  to  attronomen,  were  not 
used  in  the  afihin  of  common  life  till  towards  the 
end  of  the  fourth  century  of  the  Christian  era. 
As  the  division  of  the  natural  day  into  twelve 
equal  parts,  both  in  summer  and  winter,  rendered 
the  duration  of  the  hours  longer  or  shorter  accord- 
ing  to  the  different  seasons  of  the  year,  it  is  not 
easy,  with  accuracy,  to  compare  or  reduce  the  honn 
of  the  ancients  to  our  equinoctial  hours.  The 
hours  of  an  ancient  day  would  only  coincide  with 
the  houn  of  our  day  at  the  two  equinoxes.  [Dzxs 
and  HoROLooiUM.]  As  thednntion  of  the  natural 
day,  moreover,  depends  on  the  polar  altitude  of  a 
place,  our  natural  days  would  not  coincide  with 
the  natural  days  in  Italy  or  Greece.  Ideler,  in  his 
Handbmck  der  ChfvnoUjffie^  has  given  the  following 
approximate  duration  of  the  natural  days  at  Rome, 
in  the  year  45  b.  c,  which  was  the  first  after  the 
new  regulation  of  the  calendar  by  J.  Caesar ;  the 
length  of  the  days  is  only  marked  at  the  eight 
principal  points  in  the  apparent  course  of  the  snu. 

Da^  o/tie  year.  Their  duralion  in 

45  a  C.  eqiuMoctial  koun, 

Dec.  23 8  hours  54  minutes. 

Feb.  6 9     »    50     „ 

Mnrch23    ....  12     „      0     „ 

May  9 14     „     10     „ 

June  25  .  •  •  .  15  „  6  „ 
August  10  ....  14  M  10  „ 
Sept.  25  ....  12  „  0  M 
Nov.  9 9     „    50     „ 

The  following  table  contains  a  comparison  of  the 
hours  of  a  Roman  natural  day,  at  the  summer  and 
winter  solstice,  with  the  houn  of  our  day. 

8UMMKR*80LSTICR. 

Roinan  Houn.  Modet%  Houn, 

1  St  hour    .  4  oVrlock,  27  minutes  0  seconds 

2d      „      .  5  „  42  „  80  „ 

3rd     „      .  6  „  58  „  0  „ 

4th    „      .  8  „  13  „  30  „ 

5th    „      .  9  „  29  ^  0  „ 

6th    „      .  10  „  44  „  30  „      • 

7th    „      .  12  „  0  «  0  „ 

8th    „      .  1  „  15  „  80  „ 

9th    „      .  2  „  81  „  0  „ 

10th    „      .  8  „  46  „  80  „ 

11th    „      .  5  „  2  „  0  „ 

12th    „.  6  „  17  „  80  „ 

End  of  the  day  7  „  33  „  0  „ 

WINTJni-SOLSTICX. 

Roman  Houn.  Modem  Houn. 

Ist  hour    .     7  o^clock,  83  minutes    0  seconds 

2d     «      .    8     „  17      „        SO     „ 

3rd„.9„  2„         0„ 

4th    „      .9     „  46      „        80     „ 

5th    „      .  10     „  31       „         0     „ 

6th    „      .  11      „  15      „        30     „ 

7th    „      .  12     „  0      „          0     „ 

8th    „      .  12     „  44      „        30     „ 

,»*J    ».      •     1     ».  29      „         0     „ 

loth    ^           2     «  13      „        30     „ 


HORL 

Romam  Houn.  Modem  Hom^ 

Uth  hour    .  2  oVlock,  58  minntea    0  aeooiids. 

12th    „.  8     „       42      «        30      , 

End  of  the  day  4     «       27      „         O     ^ 

The  custom  of  dividing  the  natand  day  into 
twelve  equal  parts  or  houn  lasted,  aa  we  have  ob- 
served, till  a  very  kte  period.  The  fizai  calcoda- 
rium  in  which  we  find  the  dnratian  of  day  and 
night  marked  according  to  equinoctia]  faoaia,  is  the 
calendarium  rasticnm  Famesiaanra.  (Ideler, /feai- 
buA  der  Cfttva.  ii.  pu  139,  &&  ;  Oraev.  Theamr. 
Ant.  Rom.  viii.) 

Another  question  which  has  often  been  diacaised, 
is  whether  in  such  expressions  aa  priam,  alma, 
tertia,  hora,  &&,  we  have  to  andemaad  the  hour 
which  is  passing,  or  that  whick  has  alieady  dapird. 
From  the  coostraction  of  aneient  ann-diala  od  which 
the  houn  are  marked  by  deven  Iiiiea»  ao  that  the 
first  hour  had  elapsed  when  the  ahadev  of  the 
gnomon  fell  upon  toe  first  line,  it  migiift  aeeai  as  if 
hora  prima  meant  after  the  lapse  of  the  lint  hoar. 
But  the  manner  in  which  Martial  (hr.  8),  when 
describing  the  various  purposes  to  vhidi  the  hoon 
of  the  day  were  devoteid  by  the  Romana,  ipeaks  of 
the  houn,  leaves  no  doubt  that  the  ezpesskn 
prima,  altera,  tertia  hora,  Ac.,  mean  the  hoar  vhkb 
is  passing,  and  not  that  which  has  already  lapsed. 
(Becker,  CkUiue,  vol.  L  pw  184,  Ac)  [L.  S.] 

HORCUS   (SpUOS).      [JUMVRANDVM.] 

HORDRA'RIUMAES.  [Ass  HoaDXAurx.] 

HORI  (tpot\  were  stone  tablets  or  piUan  pboed 
on  mortgaged  houses  and  lands  at  Athena,  apia 
which  the  debt  and  the  creditor^  name  were  in- 
scribed, and  also  the  name  of  the  avdioD  epoDT- 
mus  in  whose  year  the  mortgage  had  been  made. 
( Harpocrat  s.  v.  'Opot  and  '^vrucrumi  PoDux,  nl 
85,  ix.  9.)  The  followmg  inscription  upon  so 
ipos^  found  at  Achaznae,  is  taken  from  BSckh  (O^jk 
Ifuerip.  i.  p.  484): — '£vl  S^o^piarou  iB^errsf, 
Spor  x^^»  '3^<m4'  ivo^tXo/Urtis  ^eamurfdr^ 
lioiay  (ict)  xz,  that  is,  ^tax*^^  ^Xf*«^>  It  ap- 
pean  that  the  estate  had  been  booght  of  Phano- 
stratus,  but  that  the  purchase-moaej,  iaatead  of 
being  paid,  was  allowed  to  remain  on  niortgage. 

When  the  estate  of  an  orphan  waa  let  by  the 
archon  and  his  guardian  [Eprraopus],  the  per- 
son to  whom  it  was  let  was  obliged  to  hrpothe- 
cate  a  sufficient  piece  of  ground  or  other  real 
property,  wliich  was  called  airoT(^a|fui  :  and  upon 
this  an  ipos  was  placed,  bearii^  an  faiadriptioe  to 
that  eflfect,  as  in  the  following  example,  which  is 
taken  from  an  ipos  found  upon  the  plain  of  Mara- 
thon (Bockb,  p.  485):— 'Opor  x<*P^  ">2  «»«<. 
iarorifififxa  vaiSl  6p^ay^  Auyurmm  II^«te- 
(\i(rlov).  (Compare  Isaeus,  PkOoti.  hered.  pi  141.) 
'Opoi  were  also  pbiced  upon  booses  and  hnds  oo 
aooonnt  of  money  due  to  a  husband  fer  the  dowir 
of  his  wife  (Dem.  e.  Sjaud.  pi  1029.  21),  and  aho 
upon  the  property  which  a  husband  was  obliged  t» 
give  as  a  security  for  the  dowry  which  he  recdfed 
with  his  wife.     (Dom.  e.  Ometor.  iL  p.  877.) 

The  practice  ofpkcmg  these  Spot  upon  praperty 
was  of  great  antiquity  at  Athens :  it  existed  bdnre 
the  time  of  Solon,  who  removed  all  stones  standing 
upon  estates,  when  he  released  or  relieved  the 
debtors.  (Plut  SoL  15.) 

(Bdckh,  PuU.  Econ.  o/ A  theme,  p.  129,  2nd  ed. 
CSorp.  Ineerip.  i  p.  484  ;  Museum  CiitJCBBi,  Niw 
viii.  p.  622 ;  Herald.  Obeem.  ad  J.  A.  el  R. 
p.  216 ;  Meier,  Att,  Prenee^  p.  506L) 


HOROLOGIUM. 

HOBOLCXGIUM  {ip^iXh^)  w  the 
«C  ^K  witMU  iiMtxuinents  bj  means  of  which  the 
aDcknfeB  mtmtmnd.  the  time  of  the  daj  tad  night 
Tbe  enrficut  mid  amplest  honlogia  of  which  men- 
tkci  is  madei,  were  called  w^Aot  and  yp^kftm^, 
HerodoCaa  (iL  109)  ascribes  their  ioTOitioB  to  the 
BabyloniaBB  ;  Pfaanximis  (op.  Dioy.  Laeri,  il  1. 
3  ;  cumfpB  Saidaa,  s.  «l  rw^uor  and  *Ara((fiar- 
Sym)  to  Axmxiimmder ;  and  Plmy  (/f.  ^.  it  76) 
ta  his  diaciple  AnaxiiBeiies.      Herodotus  meDtioos 
the  WAiS9  ami  ypAfatur  as  two  distinct  instnments. 
Both,  however,  divided  the  day  into  twelve  equal 
parts,  aad  wete  a  kind  of  san-diaL     The  Tr^funr, 
which  -was  also  called  tfTotx«mi',  was  the  more 
simpie  of  the  two,  and  probably  the  more  ancient. 
It  ffonsisl^  of  a  staff  or  ptikr  standing  perpoi- 
^calar,  in  a  place  exposed  to  the  sun  (inaailhiptnf\ 
to  that  the  length  of  its  shadow  might  be  easily 
aiffftiiwui       The  shadow  of  the  gnomon  was 
measured  by  fieet,  which  wen  probably  marked  on 
the  place  what  the  shadow  fell     (Hesych.  &  e. 
*£sTd»ovs  WKUi  and  BofScKdnios :    PoUujc,  L  72.) 
The  gvmaMB  is  almoBt  without  exception  mentioned 
in  cooaeetiaii  arith  the  Bmvop  or  the  bath  ;  and 
the  tiase  lor  the  former  was  towards  sunset,  or 
at  the  tisM  when  the  shadow  of  the  gnomon  mea- 
oared  tenor  twelve  feet  (Ariatoph*.fibabs.  652, with 
the  SehoL  ;  PallBX,te.  ;  Menaoder,  ap.  Atken.  vi 
p.  243  ;  Hesyvh.  s.  e.  Acadimnr  Sroixcibr.)     The 
loageaft  shadow  of  the  gnomon,  at  sunrise  and  sun- 
set, was  aenctally  12  feet,  but  in  some  cases  24 
fert,  so  that  at  the  time  of  the  donvr  it  was  20 
fleet.     (Eabniides,  ap.  Atken.  i  p.  8.)     The  time 
fas  bathii^  was  when  the  gmmion  threw  a  shadow 
ef  six  feet.     {iMeaa^Cronxm.  clT^  Somn.  9.  OalL 
c  9.)  In  later  times  the  name  gnomon  was  applied 
to  any  kind  of  san-dial,  espedally  its  finger,  which 
threw  the  shadow,  and  thus  pointed  to  the  hour. 
Evca  the  depsydm  is  sometimes  called  gnomon. 
(A^flB.iL  p.  42.) 

The  gnomon  was  evidently  a  very  imperfect  in> 
scrmacnt,  aad  it  was  impomible  to  divide  the  day 
into  twelve  equal  spaces  by  it.  This  may  be  the 
ressoB  that  we  find  it  only  used  for  such  purposes 
as  are  sseBtianed  above.  The  v^Ast  or  ii^iorpd- 
vasr,  OB  the  other  hand»  seems  to  have  been  a  more 
perfeet  kind  of  sun-dial ;  but  it  q)pear8,  neverthe- 
less, not  to  hare  been  much  used,  as  it  is  but  seldom 
aentifao^  (AristopL  op.  PoUwe,  ix.  &.)  It  con- 
aasted  «f  a  bmon  (Awor/x),  in  the  middle  of  which 
the  popeodicnfatf  staff  or  finger  (yp^fimy)  aras 
erected,  and  in  it  the  twelve  parts  of  the  day  were 
nauked  by  lines.  (Alciphron,.^pMt  ill  4 ;  Lucian, 
IasviLc.4.) 

Another  kind  of  horologium  was  the  ei^if^ra 
(cA.of'tflpa).  It  derived  its  name  firom  acA^irreiir 
sad  Slap,  as  in  its  original  and  simple  fDrm  it  oon 
•istod  of  a  vessel  with  several  little  openings 
{Tpniparm)  at  the  bottom,  throqgh  which  the 
vner  coatatned  in  it  escaped,  as  it  were,  by 
stcalih.  This  instrument  seems  as  first  to  have 
hecB  amd  only  for  the  purpose  of  measuring  the 
tine  daring  which  peoons  were  dlowed  to  speak 
is  the  coorts  of  jnsdoe  at  Athens.  The  time  of  its 
invention  or  introduction  is  not  known  ;  but  in  the 
Sf^  of  AnKophanes  (see  ^oAore.  ^3,  Vesp.  93 
sad  8*27)  it  a|^ienrs  to  have  been  in  common  use. 
Its  fbna  and  construction  may  be  seen  very  clearly 
£raa  a  pssH^  of  Aristotle  {ProbUm.  xvL^B).  The 
depfjrdia  was  a  hoUow  gkbe^  probably  soroe- 
what  flat  at  the  top  par^  where  it  had  a  short 


HOBOLOQIUlt 


6tS 


neck  (o^^,  Iflce  thai  of  a  bottle,  thim^  which 
the  water  was  poured  into  it  This  opening  might 
be  dosed  by  a  lid  or  stopper  (»fi)M«),  to  prevent 
the  vrater  running  out  at  the  bottom.  The  clepsy- 
dra which  Aristotle  had  in  view  was  probably  not 
of  gbus  or  of  any  transparent  material,  but  of 
bronze  or  brass,  so  that  it  oould  not  ^ 


be  seen  in 

the  depsydra  itidf  what  quantity  of  water  had 
escaped.  As  the  tune  fv  speakmg  m  the  Athenian 
courts  was  thus  measured  by  water,  the  oraton 
freqaeatly  use  the  term  Uvp  instead  of  the  time 
alhiwod  to  them  (^  r^  ^/tf  fKtari,  Demosth.  db 
OfTBm.  p.  274  ;  dJkr  hx^  ^^  ^tip,  «.  L§9ek.  p. 
1094).  Aeschmes  (e.  Ct^^  p.  367),  when  de- 
scribmg  the  order  in  which  the  seversl  parties 
wers  iSlowed  to  speak,  says  that  the  firrt  water 
was  given  to  the  accuser,  the  second  to  the  accused, 
and  the  third  to  the  judges.  An  etpecial  oAcer 
{6  i^'  t9mp)  was  appomted  in  the  courts  for  the 
purpose  of  watching  the  depsydra,  and  itopping  it 
when  any  documents  were    read,   wher^iy  the 

riker  was  iotem^»ted  ;  and  it  is  to  this  officer 
t  Demosthenes  (e.  Steph,  I  p.  1 103)  calls  out : 
eh  8i  iwl\jal8€  rh  08«p.  The  time,  and  conse- 
quently the  quantity  of  vrater  allowed  to  a  speaker 
depended  upon  the  importance  of  the  case ;  and  we 
are  informed  that  in  a  ypa^  waparpta^ttas  the 
water  allowed  to  each  party  amounted  to  eleven 
amphorae  (Aeschin.  <fe  FaU.L6g.  §  126),  whereas 
in  trials  concerning  the  right  of  inheritance  only 
one  amphom  was  allowed.  (Demosth.  e.  Afocofi. 
p.  1502.)  Those  actions  in  which  the  time  was 
thus  measured  to  the  qieaken  are  called  by  Pollux 
(viii.  113)  3/icai  wp^s  08«p:  others  are  termed 
ZUm  &rf  V  SSoTor,  and  in  these  the  speakers  were 
not  tied  down  to  a  certain  space  of  time.  The 
only  instance  of  this  kind  of  actions  of  which  we 
know,  is  the  ypa^  kuk^ws  (Harpocrat.  s.  e. 
irdjcaMris). 

The  clepsydra  used  in  the  courts  of  justice  how- 
ever was,  properly  speaking,  no  horolqgium ;  but 
smaller  ones,  made  of  glass,  aiid  of  the  same  simple 
structure,  were  undoubtedly  used  veiy  early  in 
families  for  the  purposes  of  ordinary  liife,  and  for 
dividing  the  day  into  twelve  equal  parts.  In  these 
fflass-depsydrae  the  divirion  into  twelve  pnrts  must 
have  been  visible,  either  on  the  glass-globe  itself  or 
in  the  basin  into  which  the  water  flowed.  These 
instruments,  however,  did  not  show  the  time  quite 
correctly  all  the  year  round ;  first,  because  the 
water  ran  out  of  the  depsydra  sometimes  quicker 
and  sometimes  slower,  according  to  the  different 
temperature  of  the  water  (Athen.  ii.  p.  42  ;  Plut 
QuaesL  Natwr.  c  7) ;  and  secondly,  because  the 
length  of  the  hours  varied  in  the  Afferent  seasons 
of  the  year.  To  remove  the  second  of  these  de- 
fects the  inside  of  the  clepsydra  was  covered  with  . 
a  coat  of  wax  during  the  shorter  days,  and  when 
they  became  longer  the  wax  was  gradually  taken 
away  sgain.  (Aen.  Tact,  c  22.)  Plato  is  said  to 
have  used  a  wteT€pw6¥  wpoKkyiov  in  the  shape  of  a 
Lirge  clepsydra,  which  indicated  the  hours  of  the 
night,  and  seems  to  have  been  of  a  complicated 
structure.  (Athen.  iv.  p.  174.)  This  mstance 
shows  that  at  an  early  period  improvements  were 
made  on  the  old  and  simple  depsydra.  But  all 
these  im{»ovements  were  excelled  by  the  ingeni- 
ous invention  of  Ctesibius,  a  celebrated  mathema- 
tician of  Alexandria  (about  1 35  n.  c).  It  is  called 
&poK6yiov  v6pav\iKhp^  and  is  described  by  Vitru- 
vius  (ix.  9  4  compare  Athen.  L  c).  Water  was 
R  R  4 


^u 


HOROLOGIUM. 


made  to  drop  upon  wheels  which  were  thereby 
turned.  The  regular  movement  of  these  wheels 
was  communicated  to  a  small  statue,  which,  gra- 
dually rising,  pointed  with  a  little  stick  to  the 
hours  noarked  on  a  pillar  which  was  attached  to 
the  mechanism.  It  indicated  the  hours  regularly 
throughout  the  year,  but  still  required  to  be  often 
attended  to  and  regulated.  This  complicated  clep- 
sydra seems  never  to  have  come  into  general  use, 
and  was  probably  only  found  in  the  houses  of  very 
wealthy  persons.  The  sun-dial  or  gnomon,  and  a 
simpler  kind  of  clepsydra,  on  the  other  hand,  were 
much  used  down  to  a  very  late  peripd.  The  twelve 
parts  of  the  day  were  not  designated  by  the  name 
&pa  until  the  time  of  the  Alexandrian  astrono- 
mers, and  even  then  the  old  and  vague  divisions, 
described  in  the  article  Dibs,  were  preferred  in  the 
ai&irs  of  common  life.  At  the  time  of  the  geo- 
grapher Hipparchus,  however  (about  150  b.  a),  it 
seems  to  have  been  very  common  to  reckon  by  hours. 
(Comp.  Becker,  CkariMes^  vol.  ii.  ^.  490,  &c.) 
There  is  still  existing,  though  in  ruins,  a  horo- 


HOROLOGIUM. 

logical  building,  which  is  one  of  the  roost  mternt- 
ing  monuments  at  Athens.  It  is  the  suvtoK 
formerly  called  the  Tower  of  tie  WmU,  bat  nov 
known  as  the  Honiogiocd  Mmmmad o/Auirm^ 
CyrrhaU*  (see  Ditt.  of  Biog.  s.  n.).  It  ii  «. 
pressly  called  horotopimm  by  Varro  (A  R.  iii.  5. 
§  17).  This  building  is  fullv  described  bj  Vitra- 
vius  (i.  6.  §  4),  and  the  preceding  woodcats  ibov 
its  elevation  and  ground  plan,  as  restored  bj  Stoarl 
(Antiq.  of  Athena^  vol.  i.  c.  3.) 

The  structure  is  octagonal ;  with  its  laces  to  the 
points  of  the  compass.  On  the  N.E.  an4  N.W. 
sides  are  distyle  Corinthian  portiooes,  girinf  sctm 
to  the  interior  ;  and  to  the  south  wall  is  affixed  a 
sort  of  turret,  forming  three  quarters  of  a  cirde,  to 
contain  the  cistern  which  supplied  water  to  ibe 
clepsydra  in  the  interior.  On  the  sommit  of  tk 
building  was  a  bronze  figure  of  a  Triton,  boldio^  > 
wand  in  his  hand ;  and  this  figure  tamed  on  i 
pivot,  so  that  the  wand  always  pointed  above  tha: 
side  of  the  building  which  fitted  the  wind  tki 
blowing.  The  directions  of  the  several  hea  were 
indicated  by  figures  of  the  eight  winds  on  the  fnm 
of  the  entablature.  On  the  plain  wall  belov  iht 
entabhitnre  of  each  fece,  lines  are  stiD  rifiUe, 
which,  with  the  gnomons  that  stood  out  abore 
them,  formed  a  series  of  sun-dials.  In  the  centre 
of  the  interior  of  the  buOding  was  a  clepsjdn,  tiw 
remains  of  which  are  still  visible,  and  are  ^hovn 
on  the  plan,  where  the  dark  lines  reproent  the 
channels  for  the  water,  which  was  soppiied  from 
the  turret  on  the  south,  and  escaped  by  the  bole 
in  the  centre. 

The  first  horologium  with  which  the  RomsDi  be- 
came  acquainted  was  a  sun-dial  (so&mtoR,  or  ion>- 
loffium  sdotheriewn),  and  was,  according  to  tome 
writers,  brought  to  Rome  by  Papirins  Cunortveht 
years  before  the  war  with  Pyrrhus,  and  placed  before 
the  temple  of  Quirinus  (Plin.  H.  N.  rii.  60) ;  otben 
stated  that  it  was  brought  to  Rome  at  the  time  of  die 
first  Punic  war,  by  the  consul  AC.  Valerius  Messala, 
and  erected  on  a  column  behind  the  Rostra.   Bet 
this  solarium  being  made  for  a  different  h^tade 
did  not  show  the  time  at  Rome  correctly.  Ninety- 
nme  3'ears  afterwards,  the  censor  Q.  Msrdni  Philip- 
pus  erected  by  the  side  of  the  old  aobmnm  a  ser 
one,  which  was  more  carefully  regulated  aoording 
to  the  latitude  of  Rome.  But  as  sun-dials,  howerer 
perfect  they  might  be,  were  useless  when  iheskj 
was  cloudy,  P.  Scipio  Nasica,  in  his  ceMordup, 
159  B.  c,  established  a  public  clepsydra,  which  ra- 
dicated the  hours  both  of  day  and  night   TJi» 
clepsydra  was  in  aftertimes  generally  «lled  »»• 
rinm.     (Plin.  H.  N.  vii.  60  ;  Ccnaorin.  deDkS^ 
c.  23.)     The  word  bora  for  hour  was  introduced 
at  Rome  at  the  time  when  the  Romans  became  ac- 
quainted with  the  Greek  horologia,  and  was  in  tha 
signification  well  known  at  the  time  of  Plant^ 
{PaeudoL  v.  2.  10.)     After  the  time  of  Scipw 
Nasica  several  horologia,  chiefly  solaria,  lecni  \» 
have  been  erected  in  various  public  phwcsat  R<bM' 
A  magnificent  horologium  was  erected  by  Aogw^ 
in  the  Campus  Martins.     It  veas  a  gnomon  m  w 
shape  of  an  obelisk ;  but  Pliny  {H.  M  »^  *"^ 
complins  that  m  the  course  of  thne  it  had  becow 
incorrect     Another  horologium  stood  in  the  Ciwa 
Flarainius.   (Vitruv.  ix.  9.  I.)    Sometinics  wtana 
were  attached  to  the  finont-side  of  temples  ^^ 
licae.    (Varro,d«Zi»<7.Latvi.4;OrTiter,/«*^ 
vL  6.)     The  old  solarium  which  had  been  erecttd 
behind  the  Rostra  iccms  to  have  existed  on  tbat 


HOROLOGIUM. 

spot  tiO  1  Tery  hte  period,  and  it  would  seem  that 
the  pbee  was  called  ad  Solariumy  so  that  Cic^o 
^ti  tha  ezptesskm  as  synooymous  with  Rostn 
«-  Fonim  (pro  QfumeL  18,  ad  Henmm,  vr.  10). 
Horokgia  of  varioas  descriptions  seem  also  to  hare 
ixm  conuBoaly  kept  by  private  individuals  (Cie. 
mdFam.  xri.  18) ;  and  at  the  time  of  the  emperora, 
c^  vealthy  Romans  used  to  keq>  slaves  whose 
sp«M  doty  it  was  to  announce  the  noun  of  the  day 
to  their  matten*  (JuTen.  x.  215;  Mart.  viii.  67  ; 
PetRNL26L) 

From  the  number  of  solaria  whicb  have  been 
diaoovoed  ia  modem  times  in  Italy,  we  must  infer 
tiat  they  were  very  generally  used  among  the 
aadent&.  The  following  woodcut  represents  one 
o(  tltt  amplest  horologia  which  have  been  dis- 
coreied ;  it  teems  to  bear  great  similarity  to  that, 
the  iarentioa  of  which  Vitravius  ascribes  to 
Boosos.  It  was  discovered  in  1741,  on  the  hill 
of  TascaluiD,  among  the  ruins  of  an  ancient  villa, 
ud  is  described  by  Oio.  Luca  Znsxeri,  in  a  work 
entitled  ITuaa  antiea  villa  teoperia  tul  dotao  del 
Taxah,  4  tt^  amtieo  oniogio  a  m>Uj  Venezia, 


HOROSCOPUS. 


617 


I74(s  and  by  G.  U.  Martini,  in  his  Abka$idlmtg 
R»  dm  Satnemmkrea  der  AUm^  Leipzig,  1777, 
p.  49,  Ac 

The  Mowing  woodcut  shows  the  same  solarium 
as  reitoRd  by  ZusierL 


The  breadth  as  well  as  the  height  (A  0,  and 
P  A)  are  somewhat  more  than  eight  inches ;  and 
tbe  length  (A  B)  a  little  more  than  sixteen  inches. 
Tbe  forlace  (A  O  R  B)  is  horizontal.  S  P  Q  T 
is  the  basis  of  the  sohirinm,  which,  originally, 
was  probably  erected  upon  a  pilhir.  Its  side, 
A  S  T  B,  inclines  somewhat  towards  the  basis. 
This  inclination  was  called  f/acAi/io,  or  inclinatio 
vibiii  sod  endima  focdiimi  (Vitruv,  k  e.)^  and 


showrs  the  latitude  or  pohir  altitude  of  the  place 
for  which  the  solarium  was  made.  The  angle  of 
the  endima  is  about  40^  43^,  which  coincides 
writh  the  latitude  of  Tusculum.  In  the  body  of 
the  solarium  is  the  almost  spherical  excavation, 
H  K  D  M I F  N,  which  forms  a  double  hemicyclium 
{hemitydimn  taeavatum  ear  ^madrato,  Vitruv.). 
Within  this  excavation  the  eleven  hour-lines 
are  marked  which  pass  through  three  semicircles, 
H  L  N,  K  E  F,  and  D  M  J.  The  middle  one, 
KEF,  represents  the  equator,  the  two  others  the 
tropic  lines  of  wrinter  and  summer.  The  curve  re- 
presenting the  summer  tropic  is  somewhat  more 
than  a  semicircle,  the  other  two  curves  somewhat 
smaller.  The  ten  middle  parts  or  hours  in  each  of 
the  three  curves  are  all  equal  to  one  another  ;  but 
the  two  extreme  ones,  though  equal  to  each  other, 
are  by  one-fourth  smaller  than  the  rest.  In  the 
middle,  O,  of  the  curve  D  K  H  N  I  J,  there  ia 
a  little  square  hole,  in  which  the  gnomon  or  pointer 
must  have  been  fixed,  and  a  trace  of  it  is  still 
visible  in  the  lead  by  means  of  which  it  was  fixed. 
It  must  have  stood  in  a  perpendicular  position 
upon  the  surfece  A  B  R  O,  and  at  a  certain  dis- 
tance from  the  surface  it  must  have  turned  in  a 
right  angle  above  the  spheric  excavation,  so  that 
its  end  (C)  extended  as  &r  as  the  middle  of  the 
equator,  as  it  is  restored  in  the  above  woodcut* 
See  the  description  of  another  solarium  in  O.  H. 
Martini's  AtUiquorum  Mommefdontm  SyUoge^  p. 
95,  &C. 

Clepsydrae  were  used  by  the  Romans  in  their 
camps,  chiefly  for  the  purpose  of  measuring  accu- 
rately the  four  vigiliae  into  which  the  night  was 
divided.  (Caes.  de  BelL  CfalL  v.  13 ;  Veget  de 
Re  Milii,  iil  8  ;  Aen.  Tact  c.  22.) 

The  custom  of  using  clepsydrae  as  a  check  upon 
the  speakers  in  the  courts  of  justice  at  Rome  was 
introduced  by  a  law  of  Cn.  Pompeius,  in  his  third 
consulship.  (Tacit.  i>ec^.Oni^.  38.)  Before  that 
time  the  speakers  had  been  under  no  restrictions, 
but  spoke  as  long  as  they  deemed  proper.  At 
Rome,  as  at  Athens,  the  time  allowed  to  the 
speakers  depended  upon  the  importance  of  the 
case.  Pliny  (EpitL  ii.  1 1)  states  that  on  one  im- 
portant occasion  he  spoke  for  nearly  five  hours* 
ten  large  clepsydrae  having  been  granted  to  him 
by  the  judices,  but  the  case  was  so  important  that 
four  others  were  added.  (Compare  Plin.  EpisL  vi. 
2 ;  Martial,  vL  35,  viii.  7.)  Pompeius,  in  his  hiw, 
is  said  to  have  limited  the  time  during  which  the 
accuser  was  allowed,  to  speak  to  two  hours,  while 
the  accused  was  allowed  three  hours.  (A  scon,  m 
Milon,  p.  37,  ed.  Orelll)  This,  however,  as  is 
clear  fix>m  the  case  of  Pliny  and  otliers,  was  not 
observed  on  all  occasions,  and  we  must  suppose 
that  it  was  merely  the  intention  of  Pompeius  to  fii^ 
the  proportions  of  the  time  to  be  allowed  to  each 
party,  that  is,  that  in  all  cases  the  accuser  should 
only  have  two-thirds  of  the  time  allowed  to  the 
accused.  This  supposition  is  supported  by  a  qbaq 
mentioned  by  Pliny  (^EpitL  iv.  9\  where,  accord- 
ing to  law  (e  lege)  the  accuser  had  six  hours^ 
while  the  accused  had  nine.  An  especial  officer 
was  At  Rome  as  well  as  at  Athens  appointed  to 
stop  the  clepsydra  during  the  time  when  docu* 
ments  were  read.  (Apul.  Apolog,  i.  and  ii. ;  com- 
pare Emesti,  de  So/uriis,  in  his  Ojmscul,  Philolog, 
et  Crii,  pp.  21—31  ;  Becker,  GaUm,  vol.  I  p.  186, 
&c)  [L.  S.] 

HOROSCOPUS,     [AsTROLOGiA,  p.  144,  b.] 


618 


HORTUS. 


HORREA'RII.    [HORRXUK.] 

HORREUM  (j^tov^  (riro^Xoiccibr,  iirod^mr) 
was,  according  to  its  etymological  Bignification,  a 
tdace  in  w^htch  ripe  irnits,  and  especially  coni,  were 
kept,  and  thus  answered  to  onr  granary.  (Vii;g. 
Owrg.  L  49  ;  TibuU.  il  6.  84 ;  Homt  Carm.  L  1. 
7 ;  Cic.  de  Leg,  Agr,  iL  88.)  During  the  empire 
the  name  hoireum  was  given  to  any  place  destined 
for  the  safe  preservation  of  things  of  any  kind. 
Thus  we  find  it  applied  to  a  place  m  which  beanti- 
fol  works  of  art  were  kept  (Plin.  Epitt,  riii.  18) ; 
to  cellars  (h^rrea  suUerranec^  koma  ffmarioj  Big. 
16.  tit.  1.  s.  76) ;  to  depots  for  merchandise,  and  fdl 
sorts  of  provisions  (korreum  penartum.  Dig.  30.  tit. 

9.  B.  3).  Seneca  {EpuL  45)  eyen  calls  his  library 
a  horreum.  But  the  more  general  application  of 
the  word  horreum  was  to  places  for  keeping  frnit 
and  com ;  and  as  some  kinds  of  fruit  required  to  be 
kept  more  dry  than  others,  the  ancients  had  be- 
sides the  horrea  snbterxmneo,  or  cellars,  two  other 
kinds,  one  of  which  was  built  like  every  other 
house  upon  the  ground ;  but  others  (homa  peiui- 
lia  or  mtblimia)  were  erected  above  the  ground,  and 
rested  upon  posts  or  stone  pilUrs,  that  the  fruits 
kept  in  them  might  remain  dry.  (Colum.  zii.  60, 
i.  6  ;  Vitruv.  vi.  6.  4.) 

From  about  the  year  1 40  after  Christ,  Rome  pos- 
sessed two  kinds  of  public  horrea.  The  one  dass 
consisted  of  buildings  in  which  the  Romans  might 
deposit  their  goods,  and  even  their  money,  securities, 
and  other  valuables  (Cod.  4.  tit  24.  s.  9),  for  which 
they  had  no  safe  place  in  their  own  houses.  This 
kind  of  public  horrea  is  mentioned  as  early  as  the 
time  of  Antoninus  Pius  (Dig.  1.  tit  15.  b.'8), 
though  Lampridius  (Alex.  Sev.  c.  89)  assigns  their 
institution  to  Alexander  Severos.  (Compare  Dig. 

10.  tit  4.  s.  5.)  The  officers  who  had  the  super- 
intendence of  these  establishments  were  called  hor- 
rearii.  The  second  and  more  important  class  of 
horrea,  which  may  be  termed  public  granaries,  were 
buildings  in  which  a  plentiful  supply  of  com  was 
constantly  kept  at  the  expense  of  the  state,  and  from 
which,  in  seasons  of  scarcity,  the  com  was  distri- 
buted among  the  poor,  or  sold  at  a  moderate  price. 
The  first  idea  of  building  such  a  public  granary 
arose  with  C.  Sempronius  Gracchus  (le»  Semprtmia 
/rufMiUaria)  ;  and  the  rains  of  the  great  granary 

{h&rrea  popmli  RamoM)  which  he  built  were  seen 
down  to  the  sixteenth  century  between  the  Aven- 
tine  and  the  Monte  Testaoeo.  (Appian,  de  BelL 
Civ.  i.  21  ;  Plut  C.  Oraoch.  5  ;  Liv.  Epik  60  ; 
Veil.  Pat  iL  6  ;  Cic  joro  Seti,  24.) 

The  plan  of  C.  Gracchus  was  followed  oat  and 
carried  further  by  Clodius,  Pompey,  and  several  of 
the  emperon  ;  and  during  the  empire  we  thus  find 
a  great  number  of  public  horrea  which  were  called 
af&r  the  names  of  their  founders, «.  ^.,  horrea  Ani- 
eeti,  Vaiigunteii,  Seiani,  Augnsti,  Domitiani,  Ac. 
The  manner  in  which  com  from  these  granaries 
was  given  to  the  people  differed  at  different  times. 
[Comp.  Frumvittarias  T.soxs.]  [L.S.] 

HORTUS  (irijiroj),  garden.  1.  Grebk.  Our 
knowledge  of  the  horticulture  of  the  Greeks  is  very 
limited.  We  must  not  look  for  information  re- 
specting their  gardens  to  the  accounts  which  we 
find  in  Greek  writers  of  the  gardens  of  Alcinofis, 
filled  with  all  manner  of  trees  and  frait  and  flowers, 
and  adorned  with  fountams  (Odfiyss.  vii.  1 1 2 — 1 30), 
or  of  those  of  the  Hesperides  (Hesiod.  Tkeog.  25), 
or  of  the  paradises  of  the  Persian  satraps,  which 
resembled  our  porks  (Xen.  Aw&b,  i.  2.  §  7,  Owo-  \ 


HORTU& 

WMR.  IT.  26,  27  ;  PlvL  AkA.  24)  ;  fir  ike  fcns 
gardens  are  only  inu^rinsry ,  and  the  xmeus  is 
which  the  paradises  are  spoken  ef  by  Gieek  vritsi 
shows  that  they  were  not  frariiiar  wkh  snvthiir 
of  the  kind  in  their  own  comitry.  In  fiiet  tlK 
Greeks  seem  to  have  had  no  great  iMte  far  hai- 
Bcape  beauties,  and  the  small  number  «f  fliv^n 
with  which  they  wpre  acqwaintrd  afiirded  kt 
little  inducement  to  onuunental  hortknltaR. 

The  sacred  groves  weK  oihivafeed  with  t^t6A 
care.  They  contained  ornamental  and  odariCBw 
plants  and  fruit  trees,  pnticalBriy  olives  and  rmtt. 
(Soph.  Oed,CoLUi  Xen.  Anab. v.8w 1 12.)  S«e. 
times  they  wen  without  fruit  trees.  (Psai.  1 21. 
§9.) 

The  only  passage  in  the  eaifier  Greek  vriten, 
in  which  flower-gardens  appear  to  be  ncDtioaed. 
is  one  in  Aristophanes,  who  spesks  ef  i^^ 
^hA^ts  (Avee^  v.  1066).  At  Athens  the  flown 
most  cnkrrated  were  probaUy  those  «se4  for 
making  garlands,  such  as  violets  and  niei  h 
the  time  of  the  Ptolemies  the  art  of  gardair^ 
seems  to  have  advanced  in  the  fisToorable  dsaste 
of  Egypt  so  fiir,  that  a  snccession  of  flowm  m 
obtained  all  the  year  round.  (Callizeaus,  ^  Atk. 
V.  p.  196.)  Longus  {Pfut,  iL  p.  36)  deacribn  a 
garden  containing  every  production  of  eacii  tn- 
son,  **  in  spring,  rosea,  lilies,  hyacinths,  snd  Tie- 
lets  ;  in  summer,  poppies,  wild- pears  (ix^<)< 
and  all  firuit ;  in  autumn,  vines  and  figs,  and  polD^ 
granates  and  myrtles.**  That  the  Greek  idea  ot 
horticultural  beauty  was  not  quite  the  aamf  u 
ours,  may  be  inferred  fitnn  a  pasasge  in  Plaiarch. 
where  he  speaks  of  the  practice  of  setting  offtk 
beauties  of  roses  and  violeta,  by  planting  them  sde 
by  side  with  leeks  and  onions  {De  eofiieada  a 
inimieis  utUiUUe^  c.  10).  Becker  coosiden  tkii 
passage  a  proof  that  flowers  were  coltiTsted  more 
to  be  used  for  garlands  than  to  beantifythe  iprdes. 
(Becker,  Charities,  vol.  ii.  p.  403—405.) 

2.  Roman.  The  Romans,  like  the  Oreeki, 
Uboured  under  the  disadvantage  of  a  verr  lisiitei 
flora.  This  disadvantage  they  endcavoored  to  orer- 
come,  by  arranging  the  materials  they  did  youm 
in  such  a  way  as  to  prodace  a  striking  eft<t 
We  have  a  very  full  description  of  a  Rensn  gardes 
in  a  letter  of  the  younger  Pliny,  in  which  be  de- 
scribes his  Tuscan  vilk.  (Plin.  ^pi$t.  v.  6.)  la 
front  of  the  porHem  there  was  geoersUr  s  i;^ 
or  flat  piece  of  ground,  divided  into  flower-beds  of 
different  shapes  by  borden  of  box.  There  were 
also  such  flower-beds  in  othor  parts  of  the  piixs. 
Sometimes  they  were  raised  so  as  to  fonn  tenacti, 
and  their  sloping  sides  planted  with  erefgnfoi  or 
creepers.  The  most  sinking  features  of  a  Rosaa 
garden  were  lines  of  large  trees,  among  which  tie 
plane  appears  to  have  been  a  great  fitvonrite,  pbated 
in  regular  order ;  alleys  or  walks  (am&a^o/tiBMr) 
finroed  by  closely  dipt  hedges  of  box,yew,cTpre«. 
and  other  evergreens  ;  beds  of  aeanthos,  row  of 
firui^trees,  especially  of  vines,  with  statnes,  prn- 
mids,  fountains,  and  summer-houses  (tfiaete).  Tbe 
trunks  of  the  trees  and  the  parts  d  the  hooie  or 
any  other  buildings  which  wera  risible  fion  tie 
garden,  were  often  cevared  with  ivy.  (Ph'n./.t; 
Cic.arfQ.KiiL  1,2.)  In  one  respect  the  R«Btt 
taste  difiered  most  materially  from  that  of  the 
present  day,  namely,  in  their  fbndnen  ftr  the  sn 
topiaria,  which  consisted  in  tying,  twistisgi  « 
cutting  trees  and  shrabs  (especkUy  the  box)  into 
tbe  fl^ires  of  aaimals,  sbipa,  letten,  Ac   The  i» 


HOSPimJM. 

fttsaa  afetihdied  to  this  part  of  liartiniltiire  b 
^Ted  not  mly  by  the  dMcription  of  Pliny,  and 
tlk  notieei  of  other  vriten  (Plin.  H.  N,  xtl  3S. 
1^  XXL  11.  1. 3»»  zzii  22l  8.  34 ;  Martkl,  in. 
19),  bat  alio  by  the  feet  that  iopiantu  is  the  only 
la&eBKd  in  geod  Latin  writen-for  the  oma- 
ffioiatl  gardenci;  Cicero  (Pond.  ▼.  2)  mentioiia 
tke  fopftim*  UDsng  the  higher  cUus  of  alavec 

Attached  to  the  garden  weie  phcea  fbr  ezereiae, 
ihe  ffota^  wad  hippodnmn,  Theontatiowata 
«rt  of  avenue,  ifaaded  by  trees,  for  the  pmpon  of 
tuigg  gende  ezecciie,  such  as  riding  in  a  litter. 
(Pim.£^T.  6;iL  17.)  The  A^^ppo^rwrnw  (not, 
tt  oae  Ratting  gives  the  word  in  Pliny,  igpodro- 
■Bi)  v-as  a  phoe  for  nmAing  or  hoTBe  exercise,  in 
tbe  &na  of  a  cntaa,  consisting  of  several  paths 
divided  by  h«d|ges  of  box,  onuunented  with  topi- 
iriu  voik,  and  smiouaded  by  large  trees.  (Plin. 
U ;  Martial,  zii.  56,  Irii  23.) 

Tlie  fiowos  whidi  the  Romans  possessed,  though 
fev  ia  compsriaon  wiUi  the  species  known  to  us, 
TCR  more  nanerous  than  some  writers  have  re- 
pRseated ;  bat  the  sabjeet  still  requires  investiga- 
tka.  Their  principal  garden-flowers  seem  to  have 
been  violets  and  rosea,  and  they  also  had  the  cro- 
coa^  oaraasaa,  lily,  ^adicdua,  iris,  poppy,  amaranth, 
•ad  others 

CoBservatoriei  and  hotrhooses  are  not  mentioned 
by  aaj  vrriter  eaiiier  than  the  first  oentnry  c^  our 
oa.  They  are  frequently  referred  to  by  Martial '. 
(vol  U,  68,  iv.  19,  xiii.  127).  They  were  used 
both  to  pRserve  foreign  plants  and  to  produce 
^eta  and  fruit  out  of  season.  0>lumella  (zL  3. 
Hoi,  5-2)  sad  Pliny  {H.  N.  ziz.  5.  s.  23)  speak 
of  ^rcipg-hooaea  for  grapes,  melons,  &c.  In  evecy 
garden' there  wss  a  space  set  i^iart  for  vegetables 

Fkwen  and  plants  were  also  kept  in  the  central 
ipaoe  of  the  penstyle  [Don  ua],  on  the  roofo,  and 
b  tbe  vrindowt  of  the  houses.  Sometimes,  in  a 
tovn,  vb«R  the  garden  was  very  small,  its  walls 
vere  paioled  in  imitation  of  a  real  gaiden,  with 
tRei,  foantaina,  birds,  &c,  and  the  small  area  was 
croamaited  with  flowers  in  vases.  A  beantifhl 
exsaple  of  nch  a  garden  was  found  at  Pompeii. 
(Odl^  PonpeiaiKi,  il  4.) 

An  flnoBientid  garden  was  also  called  viridarhun 
(Dig.  33.  tit.  7.  a.  8),  and  the  gardener  topiarhu 
or  widnriu.  The  eommon  name  for  a  gardener 
it  vfieu  or  esfor  hortorvnu  We  find  also  the 
tpedal  Damei  tiatfor,  oUior.  The  word  hortulama 
i>  <a}]r  of  late  fonnation.  The  aquarhu  had 
cbai^e  of  the  fountains  both  in  the  garden  and 
in  the  hooK  (Becker,  Galbu^  vol.  L  p.  283, 
&C.;  Bottiger,  Racematumen  xmr  Garten-Kumst 
^Ateu.)  [P.S.] 

HOSPE&    [HosFinuM.] 

HOSPITIUM  (Ifirfa,  frpo^ewid),  Hosptality 
bone  of  tbe  ebaiarteristic  foatures  of  almost  all 
iBtMQs  ptmu  to  their  attaining  a  certain  degree 
of  ciTOisatioii.  Id  civilised  oountriea  the  neceasity 
tf  geoetal  boapitality  ia  not  so  much  foH  ;  but  at 
a  tine  vben  the  state  or  the  la  wa  of  nations  afforded 
x^ly  any  aecuri^,  and  when  the  traveller  on 
^s  joorney  did  not  meet  with  any  places  destined 
^  ith  reef ptien  and  accommodation,  the  exercise 
of  bafpitality  was  absolutely  necessary.  Among 
the  mtioDs  of  antiquity,  vrith  whom  the  right  of 
boipiiality  vrai  hallow^  by  religion,  it  was  to 
■«w  degree  observed  to  the  Uitest  period  of  their 
cxitteDcc,  sad  acquired  a  political  importance  which 


HOSPITIUIt 


er9 


it  has  never  had  in  any  other  state.  It  was  fai 
Greece,  as  well  as  at  Rome,  of  a  twofold  nature, 
either  private  or  public,  in  as  for  as  it  was  either 
established  between  individuals,  or  between  twe 
states,  (ifoapcfumi  privaiMm  and  koipkium  pttUt" 
earn,  ^^pia  and  vpo^atia,) 

1.  Grskk.  In  ancient  (3feece  the  stranger, 
as  such  ii^s  and  hotti$\  was  looked  upon  as  aa 
enemy  (Cic.  d§Qf,  112;  Herod,  ix.  11  ;  Plat 
ArML  10);  but  whenever  he  appHued  among 
another  tribe  or  nation  vrithout  any  sign  of  hostile 
intentions,  he  was  considered  not  <nily  as  one  who 
required  aid,  but  as  a  suppliant,  and  Zeus  was  the 
protesting  deity  of  strangers  and  suppliants.  {Ztbs 
idmos  and  berVwr:  Horn.  Od.  xiv.  57,  &c.  283, 
ix.  270,  ziil  213,  viL  164:  compare  Apolloa. 
ArgomnU.  ii  1184  ;  Aeliaa.  F.  H,  iv.  I.)  This 
religious  feeling  was  strengthened  by  the  belirf 
that  the  stranger  might  possibly  be  a  god  in  dis- 
guise. {Od^fta,  zvii.  484.)  On  his  arrival  there>. 
fore,  the  stranger,  of  whatever  station  in  life  he 
might  be,  was  kindly  received,  and  provided  vtrith 
everything  necessary  to  make  him  comfortable, 
and  to  satisfy  his  immediate  irants.  The  host  did 
not  inquire  who  the  stranger  was«  or  what  had  led 
him  to  his  house,  until  the  duties  of  hospitality 
were  fulfilled.  During  his  stay,  it  vras  a  sacred 
duty  of  his  host  to  protect  him  against  any  per- 
secution, even  if  he  belonged  to  a  politically  hostile 
race,  so  that  the  host^  house  was  a  perfect  asylum 
to  him.  On  his  departure  he  vras  dismissed  with 
presents  and  good  wishes.  {Ody$$,  iv.  37,  &c., 
NitEch'S  note.)  It  seems  to  have  been  customary 
for  the  host,  on  the  departure  of  the  stranger, 
to  break  a  die  (A<rrfKiyaAot)  in  two,  one  ha&of 
which  he  himself  retained,  while  tiie  other  half 
was  given  to  the  stranger  ;  and  when  at  any  fu- 
ture time  they  or  their  descendants  met,  they  had 
a  means  of  recognising  each  other,  and  the  hospi- 
table connection  was  renewed.  (Schol.  ad  Eurip. 
Med.  613.)  Hospitality  thus  not  only  existed 
between  the  persons  who  had  originally  formed  it, 
but  was  transferred  as  an  inheritance  from  fother 
to  son.  To  viobte  the  laws  of  hospitality  was  a 
great  crime  and  act  of  impiety,  and  was  punished 
by  men  as  well  as  gods  (oficai  icairo|cvfas,  Aelian, 
i,  e, ;  Paus.  vii.  25).  Instances  of  such  hereditary 
connections  of  hospitality  are  mentioned  down  to  a 
very  late  period  of  Greek  history ;  and  many 
towns,  such  as  Athens,  Oorintb,  Byzantium,  Phaais, 
and  others,  were  celebrated  for  the  hospitable 
character  of  their  citizens.  (Herod,  vi.  35  ;  Toucyd. 
il  13  ;  Plato,  OUo^  p.45,c. ;  Stobaens,  Fhrileg, 
tit  xliv.  40,  &c)  But  when  a  more  regular  and 
firequent  intercourse  among  the  Greeks  began  to 
be  established,  it  was  impossible  tc  receive  all  these 
strangers  in  private  houses.  This  naturally  led  to 
the  establishment  of  inns  ( voySoxctby,  Kcerayt&yiov^ 
icaTdXtwir),  in  which  such  strangers  as  had  no  hos- 
pitable connections  found  accommodation.  For  those 
occasions,  on  which  numerous  visitors  flocked  to  a 
particular  place  for  the  purpose  of  celebrating  one 
of  the  great  or  national  festivals,  the  state  or  the 
temple  provided  for  the  acconmiodalion  of  the  visitors 
either  in  tents  or  temporary  inns  erected  about  the 
temple.  (Aelian,  V,  H,  iv.  9  ;  Schol.  oif  Find. 
01,  xi.  51  and  55:  compare  Plato,  deLeg.  xii. 
p.  952 ;  Lucian,  Amor.  12  ;  Thucyd.  iii.  68.) 
The  kmd  of  hospitality  which  vras  exercised  by 
private  individuals  on  such  festive  occasions  pro- 
bably differed  very  little  from  that  which  is  cos- 


620 


HOSPITIUM. 


tomaiy  among  ourselves,  and  was  chiefly  shown 
towards  friends  or  persons  of  distinction  and  merit, 
whose  presence  was  an  honour  to  the  house  wherein 
they  stayed.  (Xen.  Oecm,  2.  5  ;  Plato,  Frotag. 
p.  315  ;  Becker,  CharikUs^  vol  i.  p.  134.)  In  the 
houses  of  the  w^thier  Greeks  a  separate  part  {hos- 
piiiwn  or  hospUaUa  and  ^tyuvts)  with  a  separate 
entrance,  was  destined  for  the  reception  and  habi- 
tation of  strangers,  and  was  provided  with  all  the 
necessary  comforts  for  the  temporary  occupants. 
On  the  first  day  after  their  arrival  they  were  gene- 
rally invited  to  the  table  of  their  host ;  but  after- 
wards their  provisions  ((^>'<aj,  consisting  of  fowl, 
eggs,  and  fruit,  were  either  sent  to  them,  or  they 
had  to  purchase  them  themselves.  (  Vitrav.  vi.  7. 
4  ;  Apul.  Metam.  ii.  p.  19.) 

What  has  been  said  hitherto,  only  refers  to  hos- 
pitium  privatum,  that  is,  the  hospitality  existing 
between  two  individu^s  or  fiunilies  of  different 
states.  Of  far  greater  importance,  however,  was 
the  hospitium  publicum  (vpo^cv^  sometimes 
simply  (ci'ta),  or  public  hospitality  which  existed 
between  two  states,  or  between  an  individual  or  a 
family  on  the  one  hand,  and  a  whole  state  on  the 
other.  Of  the  latter  kind  of  public  hospitality 
many  instances  are  recorded,  such  as  that  between 
the  Peisistratids  and  Sparta,  in  which  the  people 
f£  Athens  had  no  share.  The  hospitium  publicum 
among  the  Greeks  arose  undoubtedly  from  the  hos- 
pitium privatiuu,  and  it  may  have  originated  in  two 
ways.  When  the  Greek  tribes  were  governed  by 
chieftains  or  kings,  the  private  hospitality  existmg 
between  the  ruling  families  of  two  tribes  may  have 
produced  similar  relations  between  their  subjects, 
which  after  the  abolition  of  the  kingly  power,  con- 
tinund  to  exist  between  the  new  republics  as  a 
kind  of  political  inheritance  of  former  times.  Or  a 
person  belonging  to  one  state  might  have  either 
extensive  connections  with  the  citizens  of  another 
state,  or  entertain  great  partiality  for  the  other 
state  itself,  and  thus  offer  to  receive  all  those  who 
came  from  that  state  cither  on  private  or  public 
business,  and  act  as  their  patron  in  his  own 
city.  This  he  at  first  did  merely  as  a  private  in- 
dividual, but  the  state  to  which  he  offered  this  kind 
service  would  natuhdly  soon  recognise  and  reward 
him  for  it.  When  two  states  established  public 
hospitality,  and  no  individuals  came  forward  to 
act  as  the  representatives  of  their  state,  it  was  ne- 
cessary that  in  each  state  persons  should  be  ap- 
pointed to  show  hospitality  to,  and  watch  over  the 
mterests  o^  all  persons  who  came  from  the  state 
connected  by  hospitality.  The  persons  who  were 
appointed  to  this  office  as  the  recognised  agents  of 
the  state  for  which  they  acted  were  called  'Kp6- 
i*voi^  but  those  who  undertook  it  voluntarily  iB^XO' 
wp6^fyot,  (Pollux,  iii.  59  ;  compare  Tliucyd.  ii.  29 
with  Arnold's  note,  and  iii.  70  with  G&ller's.) 

The  oflSce  of  proxenus,  which  bears  great  re- 
semblance to  that  of  a  modem  consul  or  minister- 
resident,  was  in  some  cases  hereditary  in  a  parti- 
cular family.  When  a  state  appointed  a  proxenus, 
it  either  sent  out  one  of  its  own  citizens  to  reside 
in  the  other  state,  or  it  selected  one  of  the  citizens 
of  this  state,  and  conferred  upon  him  the  honour  of 
proxenus.  The  former  was,  in  early  times,  the 
custom  of  Sparta,  where  the  kings  had  the  right  to 
select  from  among  the  Spartan  citizens  those  whom 
they  wished  to  send  out  as  proxeni  to  other  states. 
(Herod,  vi.  57.)  But  in  subsequent  times  this 
custom  seems  to  have  been  given  up,  for  we  find 


HOSPITlUlir. 

(hat  at  Athens  the  fiimily  of  Calliai  were  the  pro- 
xeni of  Sparta  (Xen.  Hellm.  v.  4.  §  22,  vi.  3w§  4, 
&c.)  ;  at  Elis,  the  Elean  Xenias  (Pans,  iii  &  §  2; ; 
and  at  Argos,  the  Aiigive  Alciphron.  (Thocyd.  t. 
59.)  A  Spartan  sent  out  as  proxemu  vrw  aome- 
times  also  entrusted  with  the  power  of  hanuofito, 
as  Clearchus  at  Byzaatiom.  (Xen.  HeUa.  1 1. 1 
35,  i  3.  §  15.) 

The  custom  of  conferring  the  honour  of  pnxoiai 
upon  a  citizen  of  the  state  with  which  public  hospi- 
tality existed,  seems  in  later  times  to  have  hm 
universally  adopted  by  the  Greeks.  Thus  weliad 
besides  the  instances  of  Spartan  proxeni  meDtuced 
above,  Nicias  the  Athenian,  as  proxenus  of  Syra- 
cuse at  Athens  (Diodor.  xiii.  27),  and  AnhsuBi, 
of  Zeleia,  as  the  proxenus  of  Athens  at  Zekia. 
(Aeschin.  c.  Olesipk,  p.  647  :  compare  Plate,  ie 
Leg.  i.  p.  642.)  The  common  mode  of  sppoiotinf 
a  proxenus  was,  with  the  exception  of  Spsna,  It 
show  of  hands.  (  Ulpian,  ad  Danottk.  Mid.  p.374.) 
The  principal  duties  of  a  proxenus  were  to  receh« 
those  persons,  especially  ambassadors,  who  esse 
from  the  state  which  he  represented  ;  to  procgre  fee 
them  the  admission  to  the  assembly,  and  Koti  m 
the  theatre  (Pollux,  t  c)  ;  to  act  as  the  pstioa «ff 
the  strangers,  and  to  mediate  between  the  t«9 
states  if  any  disputes  arose.  (Xen.  HeUen,  ri.  3.  | 
4.)  If  a  stranger  died  in  the  state,  the  proicciu 
of  his  country  had  to  take  care  of  the  propertj  c{ 
the  deceased.     (Demoeth.  c  CMip.  p.  1237,  &c) 

Regarding  the  honoiurs  and  privHei^  which  a 
proxenus  enjoyed  from  the  state  which  he  nrpr?- 
sented,  the  various  Greek  states  followed  ditft-m/t 
principles :  some  honoored  their  pnxeDOs  vkh  th« 
full  civic  franchise,  and  other  distinctions  Usi^i^ 
(Bockh,  Corp,  InaeripU  n.  1 691^93,  and  il  p.  71'; 
Demosth.  iUCor,^  256  ;  Xen.  HeUm. i.  I. § i^\ 
But  the  right  of  acquiring  property  in  the  state  of 
which  he  thus  became  a  citizen  seems  not  to  hsve 
been  included  in  his  privileges ;  for  we  find  that  n  iif  n^ 
this  right  was  granted,  it  was  done  by  sn  e^i^ 
document  (B(jckh,/'»U.£boiK.p.l40.)  Aforeigna 
who  was  appouited  in  his  own  country  as  pnimui 
of  Athens,  enjoyed  for  his  own  perwm  the  cgbt  of 
hospitality  at  Athens  whenever  be  visited  t^i> 
citj',  and  all  the  other  privileges  that  a  foreiijnfr 
could  possess  without  becoming  a  real  Atbenm 
citizen.    Among  these  privileges,  thoagh  they  were 
not  necessarily  included  in  the  proxeny,  hot  vta 
granted  by  special  decrees,  we  may  mention,  1. 
'EiriTOft^  which,  in  caaea  when  it  ^-aa  granted 
by  the  more  powerful  state,  generally  became  nm- 
tual  (Platner's  Process^  ii.  pw  73  ;  Xen.  Hellen.  t,  i 
§19);  2.  The  right  to  acquire  property  at  Athtm 
(^imjo-is,  ffiwoffis,  hnrcurii)  ;  3.  The  exefflp«  a 
from  paying  taxes  (AreAcia  or  ir^Aoa  awriw, 
Demosth.  c.  Lqatm.  p.  475,  compare  p.  498) ;  and 
4.  Inviolability  in  times  of  peace  and  war,  both  by 
sea  and  by  land.  (Bdckh,  Corp,  Iiuenp.  l^'t'}'^-) 
Some  of  these  privileges  were  granted  to  indivi- 
duals as  well  as  to  whole  states ;  but  ve  bavt  do 
instance  of  a  whole  state  having  received  all  of  ihem, 
with  the  exception  of  those  cases  where  the  civw 
franchise  or  isopolity  was  granted  to  a  whole  it»t« ; 
and  in  this  case  the  practical  conaeqoences  codd 
not  become  manifest,  unless  a  citizen  of  the  pn- 
vileged  state  actually   took  up  his  residence  aJ 
Athens.     (Compare  F.  W.  Ullrich,  de  Pmmt^ 
Beriin,  1822  ;  Wachsmuth,  UdioL  Alierik.y(A.  l 
p.  168,  &c  ;  Hermann,  PUiL  Ant,  §  116.) 

2.  Roman.   The  hospitality  of  the  Romans ««, 


fiOSPITIUM. 
»  kGreeee,  either  hoa^itimn  priTntnm,  or  publicum. 
pHTSte  boBpitalitr  wiih  the  Homans,  however, 
set  as  to  haTe  been  more  accurately  and  legally 
^ffiaed  tlan  in  Oreeoe.  The  character  of  a  hospes, 
i. «.  a  penoo  connected  with  a  Roman  bj  ties  of 
h^pitalitj,  was  deemed  even  more  sacred,  and  to 
hare  greater  claims  upon  the  host,  than  that  of  a 
pienon  coonected  bj  blood  or  nffimty.  The  relation 
d  a  hoipes  to  his  Roman  friend  was  next  in  im- 
;  €taace  to  that  of  a  cliens.  (Oellius,  t.  13.)  Ac> 
ccrdJ!!^  to  MaMuius  Sabinus  (op.  OelUmm^  I.  c.\  a 
iiotpef  had  eren  higher  claims  than  a  cliens.  The 
obiii:atiaes  which  the  connection  of  hospitality  with 
a  fitreifiier  imposed  upon  a  Roman  were  to  receive 
a.  his  house  hia  hospes  when  travelling  (Liv.  zlii. 
l\  mmd  to  protect,  and,  in  case  of  need,  to  repre- 
sent him  as  his  patron  in  the  courts  of  justice. 
{Cic.  m  Q.  OaeeiL  Dhm.  c.  20.)  Private  hospi- 
txicj  thus  gare  to  the  hospes  the  claims  upon  his 
b>%i  which  the  client  had  on  his  patron,  but  with- 
rst  aoT  degree  of  the  dependence  implied  in  the 
cbect^  Prrvate  hoepitality  was  established  be- 
tween individoats  bj  mutual  presents,  or  bj  the 
ciediatian  of  a  third  person  (Senr.  ad  Jen,  ix, 
^0),  and  hallowed  by  religion  ;  for  Jupiter  hospi- 
taU  was  thought  to  watch  over  the  jus  hospitii,  bs 
Z?3s  xenioB  did  with  the  Greeks  (Cic  e.  Verr,  iv. 
*>i,  ad  Qmit.  /rat,  ii.  12,  pro  Dehtar,  6%  and 
tie  violatian  of  it  was  as  great  a  crime  and  impiety 
>t  Rome  as  in  Greece.  When  hospitality  was 
lonBcd,  the  two  friends  used  to  divide  between 
ihciiuelves  a  tessera  hoepitalis  (Plaut.  Poem.  ▼.  2. 87, 
6lc),  by  which,  afterwards,  they  themselves  or  their 
descendants — for  the  connection  was  hereditary  as 
in  iireece  —  might  recognise  one  another.  From 
an  espreasioa  in  Plantus  (deina  howpUalem  ae  teste- 
nm  meatm  ftro^  Poen,  ▼.  1.  25)  it  has  been  con- 
cbdfd  that  this  tessem  bore  the  image  of  Jupiter 
h>i«piialiiu  Hospitality,  when  thus  once  established, 
cnold  not  be  diiasolved  except  by  a  formal  decla- 
radoQ  (rowafutfio,  Liv.  xxr.  18  ;  Cic.  in  Verr, 
n.  36),  and  in  this  case  the  tessera  hoepitalis  was 
Wokfn  to  pieces.  (PlauU  dOdl.  iu  1.  27.)  Hos- 
piuiity  was  at  Rome  never  exercised  in  that  in- 
difoiminate  manner  as  in  the  heroic  age  of  Greece, 
lot  the  custom  of  observing  the  laws  of  hospitality 
vas  probably  common  to  all  the  nations  of  Italy. 
(Aeliaa.  V.  H.  It.  1  ;  Lir.  L  1.)  In  many  cases 
n  was  exercised  without  any  formal  agreement  be- 
tween the  parties,  and  it  was  deemed  an  honour- 
able duty  to  receive  distinguished  guests  into  the 
huDse.    (Cic  dc  Cj^  il  18,  pro  Ro9C.  Am,  6.) 

Public  hospitality  seems  likewise  to  have  ex- 
isted at  a  Tery  early  period  among  the  nations  of 
Italy,  and  the  foedns  hospitii  mentioned  in  Livy 
(L  9;  can  scarcely  be  looked  upon  in  any  other 
Ih^ht  than  that  iH  hospitium  publicum.  But  the 
list  direct  mendon  of  public  hospitality  being  esta- 
bliaiied  between  Rome  and  another  city,  is  after 
the  Gaols  had  departed  from  Rome,  when  it  was 
decreed  that  Caere  should  be  rewarded  for  its  good 
nenices  by  the  eatablishment  of  public  hospitality 
between  the  two  cities.  (Liv.  y.  60.)  The  public 
hospitality  after  the  war  with  the  Gauls  gave  to 
tbe  Caerites  the  right  of  isopolity  with  Rome,  that 
i^  the  civitas  without  the  suifraginm  and  the  ho- 
iwei.  [Civitas  ;  Colunia.]  In  the  later  times  of 
the  republic  we  no  longer  find  public  hospitality  es- 
tablished between  Rome  and  a  foreign  state  ;  but  a 
relation  which  amounted  to  the  same  thing  was 
introduced  in  its  stead,  that  is,  towns  were  xaised 


HYACINTHIA. 


621 


to  the  rank  of  municipia  (Liv.  viil  14),  and  thus 
obtained  the  civitas  without  the  suffmgiimi  and  the 
honores  ;  and  when  a  town  was  desirous  of  fonn> 
ing  a  similar  rehtion  with  Rome,  it  entered  into 
clientela  to  some  distinguished  Roman,  who  then 
acted  as  patron  of  the  client-town.  But  the  custom 
of  gxanting  the  honour  of  hospes  publicus  to  a  dis- 
tinguished foreigner  by  a  decree  of  the  senate, 
seems  to  have  existed  down  to  the  end  of  the  re- 
public (Liv.  i  45,  V.  28,  xxxvii.  54.)  Whether 
such  a  public  hospes  undertook  the  same  duties  to- 
wards Roman  citizens,  as  the  Greek  proxenus,  is 
uncertain  ;  but  his  privileges  were  the  same  as 
those  of  a  municeps,  that  is,  he  had  the  civitas,  but 
not  the  sufFrogium  nor  the  honores.  Public  hos- 
pitality was,  lUke  the  hospitium  privatum,  hereditary 
in  the  family  of  the  person  to  whom  it  had  been 
granted.  (Died.  Sic.  xiv.  93.)  The  honour  of 
public  hospes  was  sometimes  also  conferred  upon  a 
distinguished  Roman  by  a  foreign  state.  (Bijckh* 
Corp,  Interip.  vol  i.  n.  1331 ;  Cie.  pro  Balb,  18,  c. 
Verr.  iv.  65.  Compare  Niebuhr,  Hut.  if  Rome^ 
vol.  ii.  p.  58 ;  Walter,  Gtxek,  deM  Bom,  ReektSy  p.  54, 
&C.  ;  GdtUing,  Gttdi,  d«r  Rom,  Staatan.  p.  216, 
&c.)  [L.  S.] 

HO'STIA.  [SACRiPicraM.] 
HOSTIS.  [Hospitium  ;  Postliminium.] 
HYACI'NTHIA  (Tocii^ia),  a  great  national 
festival,  celebrated  every  year  at  Amyclae  by 
the  Amyclaeans  and  Spartana  The  ancient  writers 
who  mention  this  festival  do  not  agree  in  the 
name  of  the  divinity  in  whose  honour  it  was  held : 
some  say  that  it  was  the  Amyclaean  or  the  Car- 
neian  Apollo,  others  that  it  was  the  Amyclaean 
hero,  Hyacinthus:  a  third  and  more  probable 
statement  assigns  the  festival  to  the  Amyclaean 
Apollo  and  Hyacinthus  together.  This  Amyclaean 
Apollo,  however,  with  whom  Hyacinthus  was 
assimilated  in  later  times,  must  not  be  confounded 
with  Apollo,  the  national  divinity  of  the  Dorians. 
(Mtiller,  Ordum.  p.  327,  Dor,  ii.  8.  §  15.)  The 
festival  was  called  after  the  youthful  hero  Hyacm- 
thus,  who  evidently  derived  his  name  from  tho 
flower  hyacinth  (the  emblem  of  death  among  the 
ancient  Greeks),  and  whom  Apollo  accidentally 
struck  dead  with  a  quoit  The  Hyacinthia  lasted 
for  three  days,  and  began  on  the  longest  day  of 
the  Spartan  month  Hecatombeus  (the  Attic  Hcca- 
tombaeon,  Hesych.  »,  ft,  *ZKaT0fiSt6s :  Manso, 
SpariOy  iii.  2.  p.  201),  at  the  time  when  the  tender 
flowers  oppressed  by  the  heat  of  the  sun,  drooped 
their  languid  heads.  On  the  first  and  last  day  of 
the  Hyacinthia  sacrifices  were  oflered  to  the  dead, 
and  the  death  of  Hyacinthus  was  lamented. 
During  these  two  days  nobody  wore  any  gnrlands 
at  the  repasts,  nor  took  bread,  but  only  cakes  and 
similar  things,  and  no  paeans  were  sung  in  praise 
of  Apollo  ;  and  when  the  solemn  repasts  were  over, 
eveiy  body  went  home  in  the  greatest  quiet  and 
order.  This  serious  and  melancholy  character  was 
foreign  to  all  the  other  festivals  of  Apollo.  Tho 
second  day,  however,  was  wholly  spent  in  public 
rejoicings  and  amusements.  Amyclae  was  visited 
by  numbers  of  strangers  (woy^Tvpts  i^t^Aoyo;  koX 
IA€ydXri)f  and  boys  played  tbe  citbora  or  sang  to 
the  accompaniment  of  the  flute,  and  celebrated  in 
anapaestic  metres  the  praise  of  Apollo,  while  others, 
in  splendid  attire,  performed  a  horae-race  in  the 
theatre.  This  horse-race  is  probably  the  ky6p 
mentioned  by  Stmbo  (vj.  p.  278).  After  this  race 
there  followed  a  nimiber  of  choruses  of  youtba 


€22 


HYBREOS  GRAFHE. 


conducted  hj^X'^P^*^*  (Xen.  AgeaiL  2.  17),  in 
which  aome  of  their  national  songs  (^Tixt^pM 
woi-fifUMTa)  were  song.  During  the  sonos  of  these 
choruses  dancers  performed  some  of  tne  ancient 
and  simple  movements  with  the  accompaniment  of 
the  flute  and  the  song.  The  Spartan  and  Amy- 
claean  maidens,  after  this,  riding  in  chariots  made 
of  wicker-work  (KdyaBpa)^  and  splendidly  adorned, 
performed  a  beautiful  procession.  Numerous  sacri- 
fices wete  also  offered  on  this  day,  and  the  citizens 
kept  open  house  for  their  friends  and  relations ;  and 
even  sUves  were  allowed  to  enjoy  themselves. 
'(Didymus,  op.  Atken,  iv.  p.  139.)  One  of  the  fa- 
vourite meals  on  this  occasion  was  called  leoiris, 
and  is  described  by  Molpis  (ap,  Atkem,  iv.  p.  140) 
as  consisting  of  cake,  bread,  meat^  raw  herbs,  btothi, 
figs,  dessert,  and  the  seeds  of  lupine.  Some  ancient 
writers,  when  speaking  of  the  Hyacinthia,  apply 
to  the  whole  festival  such  epithets  as  can  only  be 
used  in  regard  to  the  second  day ;  for  instance, 
when  they  call  it  a  meny  or  joyful  solemnity. 
Macrobius  (Saium,  i.  11)  states  that  the  Amydae- 
ans  wore  chaplets  of  ivy  at  the  Hyacinthia,  which 
can  only  be  true  if  it  be  understood  of  the  second 
day.  The  incorrectness  of  these  writers  is  how- 
ever in  some  degree  excused  by  the  hct,  that  the 
second  day  formed  the  principal  part  of  Uie  festive 
season,  as  appears  from  the  description  of  Didy- 
mils,  and  as  may  also  be  inferred  from  Xenophon 
(HeOeM.  iv.  5.  §  11  ;  compare  AffoiL  2.  17),  who 
makes  the  paean  the  principal  part  of  the  Hya- 
cinthia. The  great  importance  attached  to  this 
festival  by  the  Amyclaeans  and  Lacedaemonians 
is  seen  from  the  fiict,  that  the  Amyclaeans,  even 
when  they  had  taken  the  field  against  an  enemy, 
always  returned  home  on  the  approach  of  the 
season  of  the  Hyacinthia,  that  they  might  not  be 
obliged  to  neglect  its  celebration  (Xen.  Hellen,  iv. 
5.  §  11  ;  Paus.  ill  10.  §  1),  and  that  the  Lacedae- 
monians on  one  occasion  concluded  a  truce  of  forty 
days  with  the  town  of  Eira,  merely  to  be  able  to 
return  home .  and  celebrate  the  national  festival 
(Paus.  iv.  19.  §  3)  ;  and  that  in  a  treaty  with 
Sparta,  b.  c.  421,  the  Athenians,  in  order  to  show 
their  good-will  towards  Sparta,  promised  every 
year  to  attend  the  celebration  of  the  Hyacinthia. 
(Thucyd.  v.  23.)  [L.S.] 

HY'ALUS.    [ViTRUM.] 

HYBREOS  GRAPHB  {SifMwypw^).  This 
action  was  the  principal  remedy  prescribed  by  the 
Attic  law  for  wanton  and  contumelious  injury  to 
the  person,  whether  in  the  nature  of  indecent  (8i' 
oIo-xpovpT^)  or  other  assaults  {tik  vKTr/^y),  If 
the  offence  were  of  the  former  kind,  it  would  al- 
ways be  available  when  the  sufferer  was  a  minor 
of  either  sex  (for  the  consent  of  the  infant  was 
immaterial),  or  when  an  adult  female  was  forcibly 
violated :  and  this  protection  was  extended  to  all 
conditions  of  life,  whether  bond  or  free.  (Dem.  c 
Meid,  p.  529. 1 5.)  The  legal  representative  ( ic^fMosX 
however,  of  such  person  might,  if  he  pleased,  con- 
sider the  injury  as  a  private  rather  than  a  public 
wrong,  and  sue  for  damages  in  a  civil  actioiu 
[BiAioN  DiKO.]  With  respect  to  common  as- 
saults, a  prosecution  of  this  kind  seems  to  have 
been  allowable  only  when  the  object  of  a  wanton 
attack  was  a  free  person  (Aristot  Jihet.  ii.  24),  as 
the  essence  lay  in  its  contumely,  and  a  slave  could 
incur  no  degradation  by  receiving  a  blow,  though 
the  injury,  if  slight,  might  entitle  the  master  to 
recover  damages  for  the  battery  (oi#c(o),  or,  if 


HYDBAULA. 

serioua,  for  the  loss  of  his  servioes  [Blabis  Ihn 
in  a  private  lawsuit  (Meier,  AtL  Proe.  jk  326 
These  two  lastpmentioned  actions  might  also  be  r 
sorted  to  by  a  free  citizen  when  similailj  oatiag? 
in  his  own  person,  if  he  were  mon  desirou  of  &1 
taining  OMnpensation  for  the  wrong,  than  tbe  bm 
punishment  of  the  wrangdocT,  as  the  psnaltj  ii 
curred  by  the  defendant  in  the  public  proseeatio 
accrued  to  the  state  and  not  to  the  plainuE  j| 
fine  also  of  a  thousand  drachmae,  forfeited  hv  tbj 
prosecutor  upon  his  relinquishing  his  suitor  hSimd 
to  obtain  the  votes  of  a  fifth  of  the  dieasta,  luj 
have  contributed  to  render  cansesof  this  ki]^  \e^ 
frequent,  and  partly  account  for  the  dicomsta&c^ 
that  there  are  no  qieeches  extant  upon  this  lul^ 
If,  however,  the  case  for  the  i^oaecntMa  vas  boc^ 
strong  and  clear,  the  redress  afforded  by  the  paUi^ 
action  was  prompt  and  efficient.  Besides  tke  ]gp\ 
timate  protectors  of  women  and  childreo,  as,^ 
Athenian  citizen  in  the  enjoyment  of  his  full  ^ 
chise  might  volunteer  an  accosation:  the  dechxj 
ation  was  laid  befiDre  the  theamothetee,  who^  ei^ 
cept  it  were  hindered  by  extraordinary  poUic  bas>-j 
ness,  were  bound  not  to  defer  the  tnal  before  i^ 
Heliaea  beyond  a  month.  The  severity  of  Jht\ 
sentence  extended  to  confiscation  or  death ;  aiid  ifl 
the  huter  were  awarded,  the  criminal  wasexecoted 
on  the  same  day :  if  a  fine  were  imposed  upoD  bis 
he  was  allowed  but  eleven  days  for  its  pavBoi, 
and,  if  the  object  of  his  assault  were  a  free  penoa, 
he  was  imprisoned  till  the  clann  of  the  state  «a« 
liquidated.  (Dem.  L  &  ;  Aeschin.  &  TiMiirti  ^ 
41.)  [J.S.M.] 

HYDRA'LETA.    [Moil.] 
H YDRAULA  (dd^Asfs),  an  oganiit   Ac 
cordmg  to  an  author  quoted  by  Atheoaeos  (iv.  75 ; 
compare  Plin,  H.  N^  Ml  38),  the  firrt  cspii* 
was  Ctesibius  of  Alexandria,  who  lived  aboat  &  & 
200.    He  evidently  took  the  idea  of  bit  o>|^ 
from  the   Syrinx  or   Pandean  pipes,  a  moHcal 
instrument  of  the  highest  antiquity  sbmo^  f^ 
Greeks.      His  object  bemg  to  emjioy  a  nv  of 
pipes  of  great  size,  and  capable  of  eauitting  ibe 
most  powerful  as  well  as  the  softest  sounds,  be  cbq- 
trived   the  means  of  adapting  keys  with  leven 
{iryKwlaKot)^  and  with  perforated  sliden  (t^s), 
to  open  and  shut  the  mouths  of  the  pipes  {fkufff^ 
KOfui)^  a  supply  of  wind  being  obtained,  witb«ct 
intermission,  by  bellows,  in  whidi  the  prnfozeof 
water  performed  the  same  part  which  is  fitlfilled  in 
the  modem  organ  by  a  weight.     Oa  this  somiRi 
the  instrument  invented  by  (Xesibins  was  called 
the  water-organ  (ZdpauKis^  Athea  L  e. ;  v^pAi* 
jcbr  6pydyotf^  Hera,  Spirit ;  ifibtBitiM  vacte 
Vitruv.  X.  13  ;  Schneider,  ad  loe,;  Driebeig,  du 
pnguM.  Erfuidwngm  der  Qfi&Am^  ppi  lA-^^\ 
hydnudus,  Plin.  H.  N,ix.  8 ;  C5fc  Ikte.  vi  18). 
Its  pipes  were  partly  of  bronze  (xa^<(^  >P^ 
Jul.  Imp.  in  Brunck'A  AmaL  il  403 ;  s^BtstM, 
Claud,  de  MalL  TkMd.,Cima,  316),  and  psitlr  (^ 
reed.  The  number  of  its  stopo,  and  conscqiieBt};« 
its  rows  of  pipes,  varied  from  one  to  eifbt  (Vitrvr. 
/.  c),  so  that  Tertullian  {de  Ammo,  14)  de«nbef 
it  with  reason  as  an  exceedingly  eonplkated  i^ 
strument     It  continued  in  use  so  late  ss  tbe  siitk 
century  of  our  era :  in  the  year  826,  a  water-oifU) 
vras  erected  by  a  Venetian  in  the  diuidi  of  Aqa* 
granum,  the    modem   Aix-la-GhapeUe.    {^ 
Miinder-kircke  in  Aadm,  p.  14.) 

The  organ  was  well  adapted  to  grstiff  tbe  R** 
man  people  in  the  splendid  estertainDento  jnriM 


HTLOBL 

kt  tbem  \j  the  emperon  and  other  opulent  per- 
tsu.  NeiD  waj  veiy  carious  about  organs,  both 
in  regard  to  tlieir  musical  effect  and  their  mecha- 
lisD.  (SaetoaiVer.  41.  54.)  A  contorniate  coin 
«f  tUi  enpaor,  in  the  British  ICnsenm  (lee  vood- 
at),  ihowi  sn  organ  vith  a  sprig  af  lanrd  on  one 


HYPOBOLES  GBAPHB. 


82S 


tide. and  a  siaa  standing  on  the  other,  '^^^  ""^7 
bve  bees  rictorioiis  in  the  exhibitions  of  the  cir- 
08  er  the  snphitbcalre.  It  is  probable  that  these 
cedabvere  liestowed  npon  soch  Ticton,  and  that 
\ke  aiffa  was  isspcessed  upon  them  on  account  of 
iu  iotrodnctioa  on  such  occasions.  (HaTercampt,  de 
iVn.«ONi0niwf£r;  Rasche,  Z«r.  Univ.  ReiNwrn. 
trJifdmAamlnatntmeutmn^  The  genexat  form 
•ftheoTKan  is  also  clearly  exhibited  in  a  poem 
br  Pablilini  Poipbyrias  Optatianus,  describing  the 
imtmient,  sad  composed  of  verses  so  constricted 
u  to  ihov  both  the  lower  part  which  contained 
the  brilovs,  the  wind-chest  which  lay  npon  it,  and 
nertUithemwof  26  pipes.  These  are  repre- 
MQted  by  26  lines,  which  increase  in  length  each 
W  MM  letter,  nntfl  the  Uut  line  is  twice  as  long 
u  thefint.  (Wcmadori;  Poetos  LaL  Mm.  roL  il 
pp.  394-413.)  [J.Y.] 

HYDRAU'LICA        MA'CHINA,       [Hy- 

HYDRAULUS  [Htdraula.] 

HY'DRIA  (Mp(o).     [SiTTJLA.] 

HYDRIAPHO'RlA(M^ui<wfi(a)wasoneofthe 
Knieei  wbich  aliens  (ja^romoi)  residing  at  Athens 
lad  to  perionB  to  the  Athenians  at  the  Panathenaea, 
■ad  bjr  wbicb  it  was  probably  only  intended  to  in- 
pR»  ipon  tbem  the  recollection  that  they  were 
iMRaBcBssndnotdtizens.  The  hydriaphoria  was 
I«fcnaed  only  by  the  wives  of  aliens  (Pollux,  iiL 
^) ;  vbereas  their  daaghters  had  on  the  tame  oo- 
awa  to  peifinm  the  vt^iauH'n^cfia  (the  carrying  of 
panaols)  to  the  Athenian  maidens,  and  their  bus- 
lands  ^  ^Kofit^opfa  (the  carrying  of  vessels, 
•«  AeliaB,  V.H,  vL  1,  with  Periaonius  ;  Harpo- 
cnt  K.  V.  Iw^^^ofMi).  1 1  is  dear  from  the  words 
«f  Aelian  thst  theae  homiliatmg  services  were  not 
^onnded  of  the  sliens  by  the  laws  of  Solon,  but 
t^lhey  were  introduced  at  a  later  period.  (Pe- 
^  leg,  AU,  p.  95.)  The  hydriaphoria  was 
tie  carrying  of  a  vessel  with  water  (M^  Ari- 
stoph.  Eaia.  738),  which  service  the  married  alien 
^<"Mi  bad  to  perform  to  the  married  part  of  the 
»Bale  dtiaeiis  of  Athens,  when  they  walked  to  the 
l^ple  of  Athena  in  the  great  procession  at  the 
P^MtbeBaes.  (Compare  Meunins,  PamUkenaea^ 
^•21.)  "^  ^       [L.S.] 

HYDROMELI.    [ViNtrif.] 

HYlX)'RiorHYLE<yRI  (6Xi»pof,*Ai?wpoO,are 
ai"»  yf  Hesychiiis  («.  et)  to  have  been  officers  who 


had  the  snpointendence  of  fbtests  (0Ai»r  ^vXdir<rmf9 
compare  Soidas,  s.  v.)»  Aristotle  {Polk.  vL  5), 
who  divides  aU  public  officera  into  three  clasaes 
(Vx«^  ^ifieAijTa^  and  6ai|^ai),  rsckons  the 
ithnpoi  among  the  iwtfuktrralt  and  says  that  by 
some  they  were  called  kypmf6ffMiu  They  seem  to 
have  beoi  a  kind  of  police  for  the  jmtection  of 
the  forests,  similar  to  the  German  /ontar.  Bat 
the  exact  nature  of  their  office,  or  the  Greek 
states  where  it  existed,  are  unknown.      [L.  S.J 

HYPAETHRUS.    [Tmpluji.] 

HYPASPISTAE  (dvoowurro/).  [Ezbrcitu^ 
p.488,b.) 

H  YPE'RETES  (&w7ip4rnt).  This  word  is  de- 
rived  from  ip^vsm^  ^p^s^  and  therefore  originally 
signifies  a  rower ;  but  in  later  tines  the  word  was, 
with  the  exception  of  the  soldiera  or  marines,  ap- 
plied to  the  whole  body  of  persons  who  performed 
any  service  in  a  vessel  (Thucyd.  vi.  31,  with 
GSUer'S  note  ;  Demosth.  o.  Polyi.  pp.  1214, 1216, 
&C. ;  Polyb.  r.  1 09.)  In  a  still  wider  sense  dnip. 
irris  was  applied  to  any  person  who  acted  as  the 
assistant  of  another,  and  performed  manual  labour 
for  him,  whether  in  sacred  or  pro&ne  things  (Pol- 
lux, i.  J,  16,  viii.  10),  whence  the  word  is  some- 
times used  as  synonymous  with  shkVe.  (Clitarchus, 
cp.  Aihm,  vi.  p.  267  ;  compare  Polhix,  viL  8.  2  ; 
Hesycb.  &  v.)  Hence  also  the  name  Ovif^ai  was 
sometimes  given  to  those  men  by  whom  the  hopli- 
tae  were  accompanied  when  they  took  the  field, 
and  who  carried  the  luggage,  the  provisions,  and 
the  shield  of  thehoplites.  (Xen.  C^frvp,  li.  1.  §  31.) 
The  more  common  name  for  this  servant  of  the 
lioplites  was  vtttvl^opos. 

At  Athens  the  name  ihnyp^r,  or  the  abstract 
din)p<0-ia,  seems  to  have  been  applied  to  a  whole 
class  of  officers.  Aristotle  {PoliL  vi  5)  divides  all 
puUie  offices  into  three  classes,  ^x^  of  magia- 
trades,  ^i/i^Acicu  or  administrations,  and  imjiptvitu 
or  services.  Now  all  public  officers  at  Athens,  in 
as  for  as  they  were  the  representatives  of  the 
people,  or  the  executors  of  its  wiU,  were  appointed 
by  the  people  itself  or  by  the  senate  ;  and  with 
the  exception  of  some  subaltern  military  officers, 
we  never  find  that  one  public  officer  was  appointed 
by  another.  A  public  officer,  therefore,  when  he 
appointed  another  person  to  perform  the  lower  or 
mors  mechanical  parts  of  his  office,  could  not  raise 
him  to  the  rank  of  a  public  officer,  but  merely 
engaged  him  as  a  servant  (vrtjp^s),  and  on  his 
own  responsibility.  These  ^inyp^ai,  therefore, 
were  not  public  officers,  properly  speaking,  but 
only  in  as  for  as  they  took  a  part  in  the  fonctions 
of  such  officers.  The  original  and  characteristic 
difFerenoe  between  them  and  real  public  officers 
was,  that  the  former  received  salaries,  while  the 
latter  had  none.  Among  the  tftnipirai^ett  reckoned 
the  lower  classes  of  scribes  [Oram if  atbus],  he- 
ralds, messengers,  the  ministers  of  the  Eleven,  and 
others.  This  class  of  persons,  as  might  be  sup- 
posed, did  not  enjoy  any  high  degree  ^  estimation 
at  Athens  (Pollux,  vi.  31 ),  aiKl  from  Aristotle 
{PoUi.  iv.  12)  it  is  clear  that  they  were  not  always 
Athenian  citizens,  but  sometimes  ahives.  [L.  S.] 
HYPEROON  (firefj^w).  [DoMUS,  p.  426,a.] 
HYPOBOLES  GRAPHE  (^o^oX^t  rpo^). 
Of  this  action  we  learn  from  the  Lex  Rhet  that 
it  was  one  of  the  many  institutions  calculated  to 
preserve  the  purity  of  Attic  descent,  and  preferred 
against  persons  euspectcd  of  having  been  supposi- 
titious children.    If  this  foct  was  established  at  the 


«24 


HYSPLENX. 


trial,  the  pretended  eitisen  was  reduced  to  slavery, 
and  his  property  confiscated.  [J.  S.  M.] 

HYPOCAUSTUM.  [Balnbae,  p.  192,  b.] 
HYP0C0SMETAE(6s'0K0<rfwraI),frequently 
occnr  in  Athenian  inscriptions  of  the  time  of  the 
Roman  empire,  as  assistants  of  the  icoirftirr^s,  who 
At  that  period  was  the  chief  officer  who  regulated 
the  exercises  of  the  Oyranasiam.  (Knrase,  Gym- 
wutik  und  Jgtmutikf  rol.  i.  p.  212,  &&) 

HYPO'CRITES  ({nroKpvHis).     [Histrio.] 
HYPODE'MA  (6ToWi/«i).    [Calcbus.] 
HYPOOE'UM.     [FuNus,  p.  561, a.] 
HYPOORAMMATEUS      (^^oypafi^rt6s). 
{Orammatbus.] 

HYPO'ORAPHIS.     [PiCTURA,  Na  VI.] 
HYPOMEI'ONES  (^ofielor^s).   [Homoki]. 
HYPOMO'SIA   (6TOA»o<r£a).     [Diabtbtab  ; 

PiKB.] 

HYPO'NOMUS.     [Emissarium.] 

HYPORCHE'MA  (MpxnfM),  vas  a  lively 
kind  of  mimic  dance  which  accompanied  the  songs 
used  in  the  worship  of  Apollo,  especially  among  the 
Dorians.  It  was  performed  by  men  and  women. 
(A then.  ziv.  p.  631.)  A  cbonis  of  singers  at  the 
festivals  of  Apollo  usually  danced  azoimd  the  altar, 
while  several  other  persons  were  appointed  to  ac- 
company the  action  of  the  song  with  an  appropriate 
mimic  performance  (^opx^tirBai).  The  hypor- 
chema  was  thus  a  lyric  dance,  and  often  passed 
into  the  playful  and  comic,  whence  Athenaeus 
(ziv.  p.  630,  ^c)  compares  it  with  the  cordax  of 
comedy.  It  had,  according  to  the  supposition  of 
•Mliller,  like  all  the  music  and  poetry  of  the  Dorians, 
originated  in  Crete,  but  was  at  an  early  period  in- 
troduced in  the  island  of  Delos,  where  it  seems  to 
have  continued  to  be  performed  down  to  the  time 
of  Lucian.  (A then.  i.  p.  15  ;  Lucian,  de  SaUcU, 
16  ;  compare  MUIler,  Dor.  iL  8.  §  14.)  A  similar 
kind  of  dance  was  the  y4payoSy  which  Theseus  on 
his  return  from  Crete  was  said  to  have  performed 
in  Delos,  and  which  was  customary  in  this  ishind 
as  late  as  the  time  of  Plutarch.  (Tfies.  21.)  The 
leader  of  this  dance  was  called  yepayovXjcSs. 
(Hesych.  s.  v.)  It  was  performed  with  blows,  and 
with  various  turnings  and  windings  (iv  pvOfi^ 
trtpuKl^tit  Kol  iiMt\iltis  ^x^^^Of  ^^^  ^M  said  to 
be  an  imitation  of  the  windings  of  the  Cretan 
labyrinth.  When  the  chorus  was  at  rest,  it  formed 
a  semicircle,  with  leaders  at  the  two  wings.  (Pol- 
lux, iv.  101.) 

The  poems  or  songs  which  were  accompanied  by 
the  hyporchem  were  likewise  called  hyporchemata. 
The  first  poet  to  whom  such  poems  are  ascribed 
was  Thaletas :  their  character  must  have  been  in 
accordance  with  the  pUyfulness  of  the  dance  which 
bore  the  same  name,  and  by  which  they  were  ac- 
companied. The  fragments  of  the  hyporchemata 
of  Pindar  confirm  this  supposition,  for  their  rhythms 
are  peculiarly  light,  and  have  a  very  imitative 
and  graphic  character.  (Bockh,  de  Meir.  PituL 
p.  201,  &c.,and  pu270.)  These  characteristics 
must  have  existed  in  a  much  higher  degree  in  the 
hyporcbematic  songs  of  Thaletas.  (Mtiller,  Hist, 
of  Greek  XM.  L  p.  23,  &c. ;  compare  with  p.  160, 
&c.)  [L.S.J 

HYPOSCE'NIUM.     [Theatrum.] 

HYPOTHE'CA.     [Pignua] 

HYPOTHECA'RIA  ACTIO.     [PiGNua] 

HYPOTRACHE'LIUM.  [Columna,  p. 
325,  a.] 

HYSPLENX  (C<nrAjryO.    [Stadium.] 


JANUA. 


L  J. 


JACULATCRES.  CExbrcitu^  p.  503,  a.] 

JA'CULUM.     [HA8TA.] 

JA'NITOR.     [Janua.] 

JA'NUA  (d^pa),  a  door.  Bendet  bemg  wp^\ 
cable  to  the  doors  of  apartments  in  the  intericff  « 
a  house,  which  were  properly  called  otHa  (I»id 
Orig,  XV.  7  j  Virg.  Am.  vL  43. 81),  this  term  m<« 
especially  denoted  the  first  entrance  into  the  how) 
>.  e.  the  front  or  street  door,  which  was  also  cslie^ 
anticum  (  Festns, «.  v.),  and  in  Qreek  iMpa  avXtlai 
owAffo,  avAlos,  ovAta  (Od.  xxiii.  19  ;  Pind.  .V^ 
i.  19  ;  Menand.  p.  87,  ed.  Mein. ;  Haxpocratkj 
S.V.;  Theophr.  dor.  18;  Theocrit.  xv.  43 
Charit  i.  2  ;  Herodian,  ii.  IX  The  houses  of  :U 
Romans  commonly  had  a  back-door,  called  yoiii\ 
am^ poaHca^iX pciUada  (Festns,  «.  v. ;  Utx.Epi^ 
i.  5.  31  ;  Phiut  MotL  ill  3.  27  ;  Sneton.  Oaa, 
18),  and  in  Greek  wapd0vpa  dim.  wQpuBvfiw\ 
Cicero  {poai.  Had.  6)  also  calls  it  fmnidhfrm^ 
"  the  fiilse  door,"  in  contradistinction  to  jaaoSf  tbe 
firont  door ;  and,  because  it  ofien  led  into  th^ 
garden  of  the  house  (Plant.  SUA,  iiL  1.40-44^^ 
it  was  called  the  garden-door  (ffifroio,  Hennip.  op] 
Aikau  XV.  6). 

The  door-way,  when  complete,  mnsistfd  of  fco^ 
indispensable  parts,  the  threshold,  or  sill;  tka 
lintel ;  and  the  two  jambs. 

The  threshold  (^tiiien,  /iiyA^s^  oISos)  was  the  ob-i 
ject  of  superstitious  reverence,  and  it  was  thosTitl 
unfortunate  to  tread  on  it  with  the  left  fiooL  Oaj 
this  account  the  steps  leading  into  a  temple  wae 
of  an  uneven  number,  becanse  the  warshipper, 
after  placing  his  right  foot  on  the  bottom  sSrfi, 
would  then  place  the  same  foot  on  the  thmhuid 
also.  (Vitniv.  iii.  4  )  Of  this  an  example  is  pre- 
sented in  the  woodcut,  p.  97. 

The  lintel  (jugvmeniHm^  Ost  ds  Re  Bmt.  U ;: 
SHpereiiium,  Vitruv.  iv.  6)  was  also  called  luaeu 
(Juv.  vl  227),  and  more  specifically  Umen  mpemA, 
to  distinguish  it  from  the  sill,  which  was  called 
Unun  inferum.  (Plaut.  Merc  v.  1. 1.)  Being  de- 
signed to  support  a  superincumbent  weight,  it  vu 
generally  a  single  piece^  either  of  wood  or  stoce. 
Hence  those  lintels,  which  still  remain  in  audent 
buildings,  astonish  us  by  their  great  leogth.  la 
huge  and  splendid  edifices  the  jambs  or  door-pocti 
{postesy  aroBfxoi)  were  made  to  amveige  tovanij 
the  top,  according  to  certain  rales,  which  sie  girea 
by  Vitravius  (/.  o.).  In  describing  the  cooitnie- 
tion  of  temples  he  calls  them  anUpoffmeaia^  ihe 
propriety  of  which  term  may  be  understood  frcra 
the  ground-plan  of  the  door  at  p.  241,  vhere  the 
hinges  are  seen  to  be  behind  the  jambt.  Tbs 
plan  may  also  serve  to  show  what  Theocritia 
means  by  the  hoUow  door-posts  (tmBita  swAs 
^vpduy^  Idyll,  zxiv.  15).  In  the  Aogiiutss  a^^ 
it  was  fashionable  to  inlay  the  posts  with  tortoise- 
shell.  (Viig.  Georg.  iL  463.)  Although  the  jamb 
was  sometimes  nearly  twice  the  length  of  tht 
lintel,  it  was  made  of  a  single  stone  even  in  the 
largest  edifices.  A  very  striking  e6feet  was  pro- 
duced by  the  height  of  theM  door-ways,  as  veil  at 
by  their  costly  decorations,  beautiful  materiais»  aud 
tasteful  proportions. 

The  door  in  the  front  of  a  tcinple,  as  it  reached 
nearly  to  the  ceiling,  allowed  the  worshippers  to 
view  from  without  the  entire  statue  of  thedirmitr, 


JANUA. 

ttd  to  ohtm  the  rites  performed  before  it  Also 
tie  vhole  light  of  the  Imilding  was  commonly  ad- 
oitted  throagh  the  same  aperture*  These  circam- 
ituee*  are  Ulostrated  in  the  accompanying  wood- 
cat,  ^wing  the  front  of  a  small  temple  of  Jupiter, 


JANUA. 


625 


t^kenfrom  a  bas-relief.  (Mon.  MaU.  toL  iii.  Tab. 
59.)  The  tenn  €aUqxiffmeiUumy  which  has  been 
aireadj  explained,  and  which  was  applied  to  the  lin- 
trl  M  veil  as  the  jambs  {atUepagmentuM  tuperiuM^ 
Vitmr.  vr.  6.  §  I),  implies,  that  the  doors  opened  in- 
wank  This  is  clearly  seen  in  the  same  woodcut, 
aad  is  found  to  be  the  oonstmction  of  all  ancient 
boildii^  at  Pompeii  and  other  places.  In  some 
of  these  bmkiings,  as  for  example,  in  that  called 
••  th«  hooae  of  the  tragic  poet,"  even  the  marble 
'ihmbuld  rises  about  an  inch  higher  ^kui  the  bot- 
tom of  the  door  (Geirs  Pompeiana^  2nd  Sen  toI.  i. 
p- 144),  so  that  the  door  was  in  every  part  behind 
ibc  d<»r-«ase.  After  the  time  of  Hippias  the 
ureet-doon  woe  not  permitted  to  open  outwardly 
at  Athens  (Becker,  CkarikieM^  vol  i.  pp.  189,  200); 
ud  hence  ip^owai  meant  to  open  the  door  on 
ftMiiiiig  in,  and  iwunrdmurBcu  or  4if>€Ax6aaur$€U  to 
shut  it  on  going  out  In  a  single  instance  only 
^we  the  doon  allowed  to  open  outwardly  at  Rome ; 
an  exception  was  made  as  a  special  priTilege  in 
bwouT  of  M.  Valerius  Publicola.  (Schneider,  m 
yUntv.  IT.  6.  §  6.) 

The  lintel  of  the  oblong  door-case  was  in  all 
large  and  splendid  buildings,  such  as  the  great 
timplea,  nmnoanted  either  by  an  architrave  and 
coroiee,  or  by  a  cornice  only.  As  this  is  not 
shown  in  the  bas-relief  above  introduced,  an  actual 
door-«-ay,  vis,  that  of  the  temple  of  Hercules  at 
^'^a,  i»  here  added.  Above  the  lintel  is  an  arohi- 
^nxe  with  a  Latin  inscription  upon  it,  and  above 
^  a  projecting  cornice  supported  on  each  side  by 
aoHMole, which  reaches  to  a  level  with  the  bottom 
«  the  lintel.  The  top  of  the  cornice  (corona  mrnma^ 
V  itrar.  IT.  6.  §  1)  coindded  in  height  with  the  tops 
« the  capitals  of  the  columns  of  the  pronaos,  so 
«>*t  the  door-way,  with  ito  superstructure,  was 
««tly  e^  in  bright  to  the  columns  and  the 


wivwtwtf^iivtyfWTnviwiFn¥¥Wff 


^*  '  Q*-  ^  'i^  r  p  ^  ^  ^_  ^^F^ 


'::j  J  >..*  ^  'a" 


Antab.  This  superstruction  was  the  hyperthymm 
of  Vitruvius  {L  c),  and  of  the  Greek  architecu 
whom  he  followed.  The  next  woodcut  shows  one  of 
the  two  consoles  which  support  the  cornice  of  a  beau- 
tiful Ionic  door- way  in  the  temple  of  Minerva  Polias 
at  Athens.  In  the  inscription  relating  to  the  build* 
ing  of  that  temple,  which  is  now  in  the  Elgin  coU 
lection  of  the  British  Museum,  the  object  here 
delineated  is  called  ols  r^  6irep$uptp,  Other 
Greek  riames  for  it,  used  by  Vitruvius  (iv.  6.  §  4), 
are  paroiis  and  aneon^  literally  a  **  side-ear  *'  and 
^  an  elbow.^  The  use  of  consoles,  or  trusses,  in 
this  situation  was  characteristic  of  the  Ionic  style 
of  architecture,  being  never  admitted  in  the  Doric. 
It  is  to  be  observ^  that  Homer  {Od,  vii.  90), 
Hesiod  (Seut.  271),  and  Herodotus  (i.  179),  use 
the  term  {nripBvpov^  or  its  diminutive  &irtp0vpioy, 
to  include  the  lintel.  Upon  some  part  of  the  hyper* 
thyrum  there  was  often  an  inscription,  recording 
the  date  and  occasion  of  the  erection,  as  in  the 
case  of  the  temple  of  Hercules  above  represented, 
or  else  merely  expressing  a  moral  sentiment,  like 
the  celebrated  **  Know  thyself^  upon  the  temple  at 
Delphi 

The  door  itself  was  called /bm  or  valva,  and  in 
Greek  aayls,  KXiffUuy  or  ^(tp^rpov.  These  words 
are  commonly  found  in  the  plural,  because  the  door- 
way of  every  building  of  the  least  importance  con- 
tained two  doors  folding  together,  as  in  all  the 
instances  already  referred  to.  When  foris  is  used 
in  the  singular,  we  may  observe  that  it  denotes  one 
of  the  folding-doors  only,  as  in  the  phrase  ^orts 
erepuii,  which  occurs  repeatedly  in  Plautus,  and 
describes  the  creaking  of  a  single  valve,  opened 
alone  and  turning  on  its  pivots.  Even  the  internal 
doors  of  houses  were  bivalve  (Gcll's  Pompeianoj 
2nd  Ser.  vol  i.  p.  166) ;  hence  we  read  of  **the 
folding-doors  of  a  bed-chamber'*  (/ores  cubieuli^ 
Suet  .^a^.  82;  Q.  Curt  v.  6  ;  ffoufiHes  tdiipapvTai^ 
Hom.  (id,  xxiii.  42  ;  w^Acu  StvAou^  Soph.  Oed, 
Tyr,  1261).  But  in  every  case  each  of  the  two 
valves  was  wide  enough  to  allow  persons  to  pass 
through  without  opening    the   other  valye  also. 


626 


JANUA. 


Even  each  valve  was  sometimes  double,  so  as  to 
fold  like  our  window-shutters  {diqylieet  oompUca- 
biietque,  Isid.  Orig.  xv.  7).  The  mode  of  attach- 
ing doors  to  the  door- way  is  explained  under  the 
article  CARDa 

The  remaining  specimens  of  ancient  doors  are 
aU  of  marble  or  of  bronze  ;  those  made  of  wood, 
which  was  by  fiir  the  most  common  material,  have 
perished.  The  door  of  a  tomb  at  Pompeii  (Mazois, 
Buines  de  Pompei,  vol.  i.  pL  ziz.  fig.  4)  is  made 
of  a  single  piece  of  marble,  including  the  pivots, 
which  were  encased  in  bronze,  and  turned  in 
sockets  of  the  same  metal.  It  is  3  feet  high,  2  feet 
9  inches  wide,  4^  inches  thick.  It  is  cut  in  front 
to  resemble  panels,  and  thus  to  approach  nearer 
to  the  appearance  of  a  common  wooden  door,  and 
it  was  fSutened  by  a  lock,  traces  of  which  remain. 
The  beautifully  wrought  tombs  of  Asia  Minor 
and  other  eastern  countries  have  stone  doors, 
made  either  to  turn  on  pivots  or  to  slide  sideways 
in  grooves.  Doors  of  bronze  are  often  mentioned 
by  ancient  writers.  (Herod.  L  179  ;  Plin.  H.  N, 
zxxiv.  7.)  The  doors  of  a  supposed  temple  of 
Remus,  still  existing  at  Rome,  and  now  occupied 
as  a  Christian  church,  are  of  this  material.  Mr. 
Donaldson  (CoUeetion  qfDoor-waf$  from  Andeni 
i?if<^tn/79,  London,  1833,  pL  21)  has  represented 
them  filling  up  the  lower  part  of  the  door- way  of 
the  temple  at  Cora,  as  shown  in  the  last  woodcut, 
which  is  taken  from  him.  The  four  panels  are 
surrounded  by  rows  of  small  circles,  marking  the 
spots  on  which  were  fixed  rosettes  or  bosses,  suni- 
larto  those  which  are  described  and  figured  In  the 
article  Bulla,  and  which  served  both  to  strengthen 
and  to  adorn  the  doors.  The  leaves  of  the  doors 
were  sometimes  overlaid  with  gold,  which  was  an 
Eastern  practice,  as  we  see  firom  the  doors  in  the 
temple  of  Solomon  at  Jerusalem  (1  Kmgt^  vi.  82 — 
35)  ;  at  other  times  they  were  enriched  with  the 
most  exquisite  carving.  (Ovid.  Met  viiL  705  ;  Virg. 
Cfeoiy.  iii.  26,  Aen,  vi.  20—33.)  Those  in  the  temple 
of  Minerva,  at  Syracuse,  are  said  by  Cicero  (  Verr, 
iv,  56)  to  have  exceeded  all  others  in  the  curious 
and  beautiful  workmanship  executed  upon  them  in 
gold  and  ivory.  **  It  is  incredible,**  says  he,  •*  how 
many  Greeks  have  left  writings  descriptive  of  the 
elegance  of  these  valves.**  One  of  the  ornaments 
was  **  a  most  beautiful  OoTgon*S  head  with  tresses 
of  snakes,**  probably  occupying  the  centre  of  a 
panel  In  addition  to  the  sculptures  upon  the 
valves  themselves,  the  finest  statues  were  some- 
times placed  beside  them,  probably  at  the  base  of 
the  antepagmenta,  as  in  the  magnificent  temple  of 
Juno  in  Samos.  (Cic  Verr.  i.  23.)  In  the 
fiincied  palace  of  Alcinous  (Od.  viL  83 — 94)  the 
door-case,  which  was  of  silver  with  a  threshold  of 
bronze,  included  folding-doors  of  gold  ;  whilst  dogs, 
wrought  in  gold  and  silver,  guarded  the  approach, 
probably  disposed  like  the  avenue  of  sphinxes  be- 
fore an  Egyptian  temple.  As  luxury  advanced 
amon^  the  Romans  metal  took  the  place  of  wood, 
even  m  the  doors  of  the  interior  of  a  house.  Hence 
the  Quaestor  Sp.  C^arvilius  reproved  C^amillus  for 
having  his  chamber  doors  covered  with  bronze 
(aerata  ostitis  Plin.  L  e.). 

A  lattice-work  is  to  be  observed  above  the 
bronze  doors  in  the  last  woodcut,  Mr.  Donaldson 
having  introduced  it  on  the  authority  more  espe- 
cially of  the  Pantheon  at  Rome,  where  the  upper 
part  of  the  door-way  is  filled  with  a  window  such 
as  that  here  represented.  Vitruvius  (iv.  6.  §  1)  calls 


JANUA. 

it  the  hypadntmy  and  his  language  impliei  tkt  it 
was  commonly  used  in  temples. 

The  folding-doors  exhibited  in  the  last  voodn::. 
instead  of  a  rebate  such  as  we  em]Joy,  hsve  aa  op- 
right  bronze  pilaster  standing  in  the  middle  of  tk 
door- way,  so  as  to  cover  the  joining  of  the  lalvea. 
The  fiutenings  of  the  door  (e&witrs,  Ovid.  Amnr.i 
L  6. 17  ;  oftnses)  commonly  consisted  in  a  buit 
(pessulus ;  /t^b^oXos,  iraroxc^s,  kXciI^,  Aa}. 
KkpOpov,  Soph.  OetL  Tyr-  1262,  1287,  1294] 
placed  at  the  base  of  each  faria^  so  as  to  sdmit  cf 
being  pushed  into  a  socket  made  in  the  lill  to  re- 
ceive it  (w6ftV,  Soph.  Oed.  7>r.  1261).  Tb< 
Pompeian  door- ways  show  two  holes  cOTetpood- 
ing  to  the  bolts  of  the  two  fores  (Oell,  Pwfeiam} 
2nd  Ser.  voL  i.  p.  167)  ;  and  they  agree  vitii 
numerous  passages  which  mention  in  the  phmi 
number  **  the  bolts,**  or,  *^  boUi  the  bolts**  of  ado«i 
(Plant  Aubd.  L  2.  26,  Cure,  I  2.  60-70 ;  SopL 
IL  ec  ;  Callim.  m  ApdL  6.) 

The  annexed  woodcut  shows  aa  sncieDt  bolt 
preserved  in  the  Museum  at  Naplei.  (MaiQa, 
Rmmea  de  PompH,  vol.  L  part  2.  pL  viL) 


By  night,  the  frontpdo<^  of  the  hosss  ms  fanha 
secured  by  means  of  a  wooden  and  sometimei  a 
iron  bar  (sera,  npagula,  fioxAVt)  placed  acwo  H, 
and  inseited  into  sockets,  oneach  side  of  tk  door- 
way. (Festus,  «.  V,  Adeerere;  Orid.  Amor,  i  6. 
24 — 56.)  Hence  it  was  necessaxy  to  remote  tb« 
hax(Thv  fiox^y^apd^pttp^  iamfnex^^i  ^P- 
Med.  1309)  in  order  to  open  the  door  {raerm). 
(Theophinst  Char.  18;  Plutarch,  Pekp.f.h\l 
ed.  Steph. ;  Phiut  CW.  iii  18  ;  Ovid.  J/et  t.  M) 
Even  chamber-doors  were  secured  in  the  ume 
manner  (Heliodor.  vi  p.  281,  ed.  Comm. ;  ctHadt 
cbeenxUs  fbrUms^  ApuL  Met  ix.) ;  and  hew  alifl, 
in  case  of  need,  the  bar  was  employed  ss  s  iiirtkr 
secnri^  in  addition  to  the  two  bolts  (aAy^  'v^* 
Tcpolvorrcs  /u^x^^<9  Eurip.  Ortd.  1546,  1^^ 
Ipk.  AvL  345,  Aiidrom.  952).  To  fiaten  the 
door  with  the  bolt  wasjamMe  peudtM  Mere,  viu> 
the  bar  jofntom  obaerare  (Ter.  Emm.  iiL  5.  55,  ir. 
6.  26,  HeauL  ii  3.  37>  At  Athens  a  je«l«« 
husband  sometimes  even  proceeded  to  seal  the  ioft 
of  the  women*s  apartment     (Aristoph,  Tke^ 


JANUA. 

4iS;]lcBiBd.p.l85»«d.M«iiL>  Tbedoarofa 
M-damberwasMMMCuBei coTend  with  a curtaiD 
[Vara]. 

Ib  the  OdjmBj  0*  442,  rr.  802,  zzL  6,  4(^ 
M)  ve  find  mentidn  of  a  ooDtxiTuiee  for  bottiogor 
loboltmg  a dBV^fam  tlw  ontiide,  wfaioh  oooauted 
BakadMatlMDg  {iM»)  inKited  through  a  hole 
b  tbe  daM>,  and  b  j  ineaiM  of  a  loop,  nog,  or  hook 
{tX^  cM»X  wluch  WW  the  origin  of  keyi^  capSr 
Ue  of  h^iBg  haU  of  the  bolt  to  ■•  to  move  it  in 
thcBUUMT  mfuned.  The  bolt  by  the  pcegiew  of 
igpvmtBCBt  wee  tiansfoaned  into  a  loeh,  and  the 
kfji  fisaad  st  Heseukneom  and  Pompeii  and 
\km  attached  to  riqga  (Geriaei,  Dadgiiatk.  42, 
206-209)  laove,  thai  among  the  poliahed  Greeks 
ai  RnnM,  the  ^  of  the  loekanuth  (icAcitoiroi^t) 
ipprwfhfd  ivy  newly  to  itapceaent  state.  (AchilL 
T&U.19.) 

The  dooc  icpnaented  in  the  fint  woodcat  to  this 
vtidehai  aiing  upon  each  'valve,  whieh  was  need 
to  i]mtthe  doQi^  and  thcrefare  called  the  iwiffwa- 
«T%L  Herodo«B8(vL91)teUBastoiy  ofacaptive 
vho  hanig  escaped  to  a  temple  of  Ceresi  ehmg  to 
tke  nogs  <a  the  doors  with  both  his  handa.  This 
ippeadiige  to  (he  deo^  which  was  semetimea  gilt 
lai  Toy  handwBK^y  waa  also  called,  on  aoeoont  of 
its  fina,  R^iatf  and  KoptAir%  i.  e.  a  **  ciide  ^  or 
'^oewB  *  (Hon.  OdL  L  441,  m  90)  ;  and,  be. 
aott  it  vas  aaed  sometimes  as  a  knocker,  it  waa 
caiied  ^hrpom  (Harpoerat,  a.  «. ;  Xea.  Bellm.  rl 
4.136).  The  ti»m  «^f»a(,  ''a  crow'*  (Bnmek, 
AaaL  m,  168),  probably  denoted  a  knocker  Bore 
owtyapproachn^  the  fiorm  of  that  bird,  or  yer- 
httKi'taimfk  and  head.  The  loweat  figure  in 
tke  hit  woodeat  shows  a  liehly  ornamented  epi- 
fiaaUif^  6vB  the  cottcction  at  Naples.  That  with 
alim'i  head  is  taken  from  a  baa-ielie^  r^resent- 
iigtke  doan  of  a  temple,  in  the  collection  at  Ince- 
Blniddl,  near  LiverpooL  The  third  figure  is  firom 
the  KeapoUtan  Moaenm. 

Befoft  ths  door  of  a  palace,  or  of  any  pri^te  house 
of  asopemr  description,  there  waa  a  passage  lead- 
mt  to  the  door  frun  the  pahlie  road,  which  was 
eilUdnieiUiM  (laid.  Or^  xv.  7  ;  Plant  Mote. 
iii-  3.  132  ;  GelL  xtl  5)  and  vp^Bvpw  (Vitmv. 
^7.5;  Hon.ai.zYiiL  10—100;  Herod.iiL35, 
140).  It  was  provided  with  seato  (Herod,  vi.  35). 
It  vas  iwiftimea  coveied  by  an  arch  [Cambila], 
vlkkk  was  supported  by  two  piUaia  (Serr.  ad 
Vifg.  Am.  il  469)  ;  and  sometimes  adorned  with 
WW*  (Viig.^«a.  Tii  181  ;  Jut.  ril  126). 
floe  ponos  waited,  who  came  in  the  morning  to 
P7  their  rejects  to  the  occupier  of  the  house. 
(GeH  n,  1.)  In  the  vestibule  was  pbu^  the 
^"Btatit  altar  [Ajia].  The  Athenians  also 
photed  a  huiel  in  the  same  situation,  beside  a 
^gcn  desi|pied  to  represent  Apollo  (Ariatoph. 
Tl>^  m  i  Phut  ilfcn^  iT.  1.  11,  12) ;  and 
^tues  of  Mercury  were  still  more  frequent  (Thu- 
cri  li  27),  being  erected  there  on  the  principle 
of  setting  a  thief  to  catch  a  thieC  (Sehoi  ad  Atw- 

Tbe  DoNARU  oflfered  to  the  gods  were  suspended 
not  odIj  from  the  Antas,  but  likewise  from  the 
^•poita  sad  lintels  of  their  temples  (Virg. 
^«*  iil  287,  V.  360 ;  Grid.  TritL  iii.  1.  34  ;  Hor. 
(>»^  IT.  15.  8,  EpuL  L  1.  5,  i  18,  56  ;  Pera. 
SaL^iB  ;  Plin.  ff.  N.  xxxr.  4^  as  well  as  of 
P^ca,  which  in  ancient  times  partook  of  the 
wctity  of  temples.  (Virg.  Aen.  ii.  503,  vii.  183.) 
*  ictMa  is  the  games  suspended  their  crowns  at 


JANUA. 


637 


the  deor  of  a  temple.  (Pind.  ^eai.  t.  53.)  In 
like  manner  pernns  fixed  to  tbe  jamba  and  lintela 
of  their  own  doora  the  ipoila  which  they  had  taken 
in  battle.  (FesUu,  «.  v.  Rmigmart ;  Plin.  U.  N, 
zzxv.  2.)  Stag^  homa  and  boar'a  tasks  were  on 
the  same  principle  uaed  to  decorate  the  doocs  of 
the  templea  of  Diana»  and  of  the  private  uidivi- 
duals  who  had  taken  these  animala  in  the  chaoe. 
Owla  and  other  nocturnal  birds  weie  nailed  upon 
the  doors  as  in  modem  times.  (Pallad.  is  As  AaA 
L  35.)    Also  gariands  and  wreaths  of  flowers  were 


suspended  over  the  doors  of  templea  in  connection 
witn  the  performance  of  lel^ous  rites,  or  the  ex- 
pression of  public  thanksgiring,  being  compoeed  in 


each  case  of  prodnctiooa  auited  to  the  particular 
divinity  whom  they  were  intended  to  honour.  In 
thia  manner  the  eorama  apicea  was  suspended  in 
honour  of  Ceres  (Tib.  i  1.  21  ;  see  also  Viig. 
CKriB,  95—98).  Laurel  was  so  used  in  token  of 
victory,  espedally  at  Rome  (Ovid.  M«L  I  562), 
where  it  soBMtimes  overshadowed  the  Cobona 
CivicA  on  the  doota  of  the  imperial  palace.  (Ovid. 
TWi^iii.  1,35—49;  Plin. /7.  AT.  xv.  39  ;  /awwo^ 
fonb^  Sen.  OnW.  a<fPo^35;  ValMax.ii 
8.  I  7.)  The  doors  of  private  housea  were  orna- 
mented in  a  similar  way,  and  with  different  planta 
aooording  to  the  occasion.  More  especially,  in  cele- 
bration ojf  a  marriage  either  laurel  or  myrtle  waa 
placed  about  the  door  of  the  bridegroom.  ( Juv.  vi 
79,  228 ;  Chuid.  d»  N^pt.  Han.  «f  Mar.  208.) 
CatuUna,  in  deacribing  an  imaginary  marriage,  sup- 
poses the  whole  vestibulum  to  have  been  tastefully 
overarched  with  the  branches  of  trees.  {EpHiaL 
Pd.  €i  TUL  278—293.)  The  birth  of  a  child 
waa  alao  announced  by  a  chaplet  upon  the  door 
(Juv.  ix.  84X  and  a  death  was  indicated  by  cy- 
presses, probably  in  pots,  placed  in  the  vestibuliun. 
(Plin.  H,  N,  xvi.  60  ;  Serv.  m  Virg.  Aen.  iiL  64.) 
In  addition  to  trees,  branches,  garlands,  and 
wreaths  of  flowers,  the  Romans  sometimes  die- 
pbyed  lamps  and  torches  before  the  doors  of  their 
houses  for  the  purpose  of  expressing  gratitude  and 
joy.  (Juv.  xii.  92.)  Music,  both  vocal  and  instru- 
mental, was  sometimes  performed  in  the  vestibulum, 
e^cially  on  occasions  when  it  was  intended  to  do 
lumour  to  the  master  of  the  house,  or  to  one  of  his 
fiimily.  (Pind.  Nem,  i  19,  20,  IsUl  vii.  3.) 

It  was  considered  im^n^  to  enter  a  house 
without  givixig  notice  to  its  inmates.  This  notice 
the  Spartans  gave  by  shouting  ;  the  Athenians  and 
all  other  nations  by  using  the  knocker  already  de- 
scribed, but  more  commonly  by  npping  with  the 
knndcles  or  with  a  stick  («/>o^ciy,  icMrreiy,  Becker, 
Ckank.  vol  L  pp.  230—234;  Pbt  ProUtg.  h>.  151, 
159,  ed.  Bekker.)  In  the  houses  of  the  rich  a 
porter  (Janitor^  auiot,  ^pwp6s)  waa  always  in  at- 
tendance to  open  tbe  door.  (TibulL  i.  1.  56.)  He 
was  commonly  a  eunuch  or  a  slave  (Plat  L  c), 
and  was  chained  to  his  post  (Ovid.  Amor,  i  6  ; 
Sueton.  de  Oar.  Khet,  3.)  To  assist  him  in  guard- 
ing the  entrance,  a  dog  was  universally  kept  near 
it,  being  also  attached  by  a  chain  to  the  wall  (Theo- 
crit  XV.  43  ;  Apollodor.  op.  Athmu  L  4  ;  Ari&toph. 
Thesm.  423,  Zjistst  1217  ;  Tibull.  il  4.  32—36)  ; 
and  in  reference  to  this  practice,  the  warning  Caee 
Cbaem,  cdAo^ov  r^r  Kirra^  was  sometimes  written 
near  the  door.  Of  thia  a  remarkable  example  oc- 
curs in  *^  the  house  of  the  tragic  poet  ^  at  Pompeii, 
where  it  is  accompanied  by  the  figure  of  a  fierce 
dog,  wrought  in  mosaic  on  the  pavement  (Delias 
Pomp.  2nd  Ser.  vol  i.  pp.  142,   145.)     Instead 

88  2 


C2d 


ILLUSTRES. 


of  this  hanh  admonition,  some  walls  or  pavements 
exhibited  the  more  gracious  SALVE  or  XAIPE. 
(Plat  Charm,  p.  94,  ed.  Heindorf.)  The  appro- 
priate names  for  the  portion  of  the  house  immedi- 
ately behind  the  door  (dvpAy,  Soph.  Oed.  T^r. 
1242,  EUeL  328),  denotes  that  it  was  a  kind  of 
apartment ;  it  corresponded  to  the  hall  or  lobby  of 
our  houses.  Immediately  adjoining  it,  and  close 
to  the  front  door,  there  was  in  many  houses  a 
small  room  for  the  porter  (oella^  or  odlulajcuUioriif 
Sueton.  Vitell.  16  ;  Varro,  de  Re  Riot.  i.  13  ; 
hvpmpnoy^  Pollux,  L  77).  [J.  Y.] 

lATRALIPTA,  lATRALIPTES,  or  lA- 
TROALIPTES  (JarpaXcnrr^s),  the  name  given 
by  the  ancients  to  a  physician  who  paid  particular 
attention  to  that  part  of  medical  science  called 
Jatraliptice.  The  name  is  compounded  of  Uerfiit 
and  &Xe(^,  and  signifies  literally  a  jihyndoH  that 
cures  hjf  anomtmff.  According  to  Plmy  {ff.  N. 
xxix.  2),  they  were  at  first  only  the  slaves  of  phy- 
sicians, but  afterwards  rose  to  the  rank  of  physicians 
themselves,  and  were  therefore  superior  to  the 
aliptae.  [Aliptak.]  The  word  occurs  in  Paulus 
Aegineta  {De  Re  Med.  iii.  47),  Cdsus  {De  Medio. 
LI)  and  other  medical  writers.  [W.  A.  G.] 
lATRUS  (laTp65).  [Mbdicus] 
lATROSOPHISTA  (**aTpo<n)^«n^s),  an  an- 
cient medical  title,  signifying  apparently  (according 
to  Du  Cange,  Glossar.  Med.  et.  Inf.  OraecU.)  one 
who  both  taught  medicine  and  also  practised  it 
himself ;  as  the  ancients  made  a  distinction  be- 
tween SiScur/coXfK^  and  Ifryaris,  the  art  and  the 
science  of  medicine,  the  theory  and  the  practice. 
(Damascius  in  vita  Isidori.)  Eunapius  Sardianus 
(De  Vit.  Philoeoph.  et  Sophia,  p.  168,  ed.  Antwerp. 
1568)  calls  them  iiiitrioiitAvovs  \4yeiy  T€  ica2 
irofcty  larpiid}v.  The  word  is  somewhat  varied  in 
different  autjiors.  Socrates  (Hisi.  Eedes.  vii.  13) 
calls  Adamantius  'utrpiK&v  A^twv  troifnariis.  Ste- 
phanas Byzantinus  (s.  v.  r4a)  mentions  r&¥ 
larp&if  co^ttrHis ;  Callisthenes  (quoted  in  Dn 
Cange),  larphs  tro^itrrfis :  and  Theophanes  (ibid.) 
ffw^itrriis  rris  larptKvif  iwurr^jxris.  Several  ancient 
physicians  are  called  by  tills  title,  e.  g.  Magnes 
(Theoph.  Protospath.  De  Urini»\  Cassius,  the 
author  of  **  Quaestiones  Medicae  et  Naturales,** 
and  others.  [W.A.G.] 

IDUS.  [Calsndarium,  Roman.] 
JENTA'CULUM.     [Cokna,  p.  306,  a.] 
IGNO'BILES.     [NoBiLES.] 
IGNOMI'NIA.    [lNPAMiA.1 
ILE  (tXij).     [ExBRciTus,  p.  488,  b.] 
ILLUSTRES.     When  Constantino  the  Great 
re-organized  the  Roman  administration,  he  divided 
the  principal  magistrates  and  officials  into  three 
classes :  —  1.  The  lUustreSy  who  held  the  first  rank ; 
2.  The  Speetahiles  ;  and  3.  The  Oarissimi.     The 
title  of  Illustres  belonged  only  to  the  Consules,  the 
Patricii,  the  Praefectus  praetorio,  the  Praefectus 
urbi,  the  Pmcpositus  sacri  cubiculi,  the  Magistri 
militum,  the  Magister  officiorum,  the  Quaestor  sacri 
palatii,  the  Comes  sacranim  laigitionum,  and  the 
Comes  rerum  privatarum.  Even  among  the  lUustres 
there  was  a  gradation  of  rank,  the  Consuls  and 
Patricii  being  regarded  as  higher  in  dignity  than  the 
others.   The  titles  SubUmtesimi^  Eandientiasimi^  and 
Magmfid  are  used  as  synonj'mous  with  Illustres. 
Among  the  privileges  of  the  Illustres  we  read  that 
in  criminal  cases  they  could  only  be  tried  by  the 
emperor  himself  or  by  an  imperial  commission, 
and  that  they  7»uld  appear  before  the  courts  by 


IMPERIUM. 

means  of  procnraton.  (CodL  Theod.  6.  th.  6,  ftc , 
with  the  commentary  of  Gothofred  ;  Walter,  Crtaek- 
ichiedes  Romieeken  Reekie,  §  380,  2nd  ed.  ;  Gibbon, 
DeeUne  and  FaU^  e,  17.  voL  ui  p.  34,  Loodoa, 
1707.) 

IMA'GINUM  JUS.     [NoBiLKS.] 

IMA'GO,  the  representation  or  likfaMSM  of  snr 
object,  is  derived  from  the  root  ns  or  sen,  whkii 
appears  in  im-ilari  and  sim^Uitj  and  likewise  ic 
the  Greek  6fir^s,  (**  Imaffo  ab  imitatioDe  dicta,'* 
Festns,  t.  v.  ;  **"  Imago  dicitnr  quasi  tmHago^^  Par> 
phyr.  ad  Hor.  Carm.  I  12.  4.)  It  was  espedallj 
applied  among  the  Romans  to  indicate  the  waxen 
busts  of  deceased  anoeston,  which  diatinguisW 
Romans  kept  in  the  atria  of  their  hooaea,  and  of 
which  an  account  if  given  in  the  artiele  Nobxles. 
The  word  is  also  used  in  genecal  to  signify  a  por- 
trait or  statue  of  a  person  ;  on  both  of  whkk 
some  remarks  are  made  under  Pictu&a,  No.  XV. 
and  Statu  ARIA,  No.  II. 

I'MBRICES.    [TiGULA.] 

IMMUNI'TAS  (from  in  and  wmias),  signifio. 
1.  A  freedom  from  taxes.  2.  Afiwedoni  fr«D  ser- 
vices which  other  citizens  had  to  diarhaiye.  Whii 
respect  to  the  first  kind  of  immmntsu  we  find  tlat 
the  emperors  frequently  granted  it  to  sepaiate 
persons  (Suet  Avg.  40),  or  to  certain  classes  of 
persons,  or  to  whole  states.  Wben  granted  xa 
individuals  the  inununitas  eeased  with  their 
death,  but  in  the  case  of  states  the  privilege  con- 
tinued to  subsequent  generations.  O^ig.  oO.  tiL 
15.  s.  4.  §  3.)  Thus  we  find  that  eertain  peof^ 
in  lUyria  had  immunitas  from  taxea  (Lir.  dv. 
26),  and  that  the  emperor  Claudius  granted  freedoci 
from  taxation  ta  jjerpetuum  to  the  inhabitant  of 
Ilium.  (Suet  CUmd.  25.)  The  Roman  soldiers 
from  the  time  of  Nero  were  exempt  frnom  all  dntiL-s 
on  goods  which  they  might  cany  into  the  pro- 
vinces for  their  own  use  or  might  pnrchaae  in  aajr 
pUce.  (Tac.  Ann.  ziil  51 ;  Cod.  4.  tit  61.  s.  3.)  ' 

The  second  kind  of  immunitas  was  granted  to  all 
persons  who  had  a  valid  excuse  (ejecusoHo)  to  be 
released  from  such  services,  and  also  to  other  per- 
sons as  a  special  favour.  Under  the  repablic^  poUic 
offices  were  objects  of  ambition,  and  oonseqaeBiT  | 
there  was  no  difficulty  in  obtaining  persons  to  di»- 
charge  them  even  when  they  were  attended  vrtfa 
expense  to  the  individual  who  held  them.  Bet 
under  the  empire  the  case  became  different  Msnr 
offices  whioh  entailed  expenses,  such,  for  instazxr, 
as  that  of  the  decuriones  in  the  mmiicipia,  were 
avoided  rather  than  sought  after  ;  and  hence  Tsriooi 
regulations  were  made  at  difierent  times  to  define 
the  classes  of  persons  who  were  entitled  to  ex- 
emption. (Comp.  Dig.  50.  tit  6  ;  Cod.  10.  tit  47 
and  48.)  The  definition  of  immunitas  in  this  sense 
is  given  by  Paulus  (Dig.  50.  tit  16,  s.  18):  — 
**  Munus  —  onus,  quod  cum  remittatur,  vacationem 
militiae  munerisque  praestat,  inde  immamiiaieui  ap- 
pellari.**  The  immunitas  might  be  either  genenl. 
from  all  services  which  a  citisen  owed  to  the  sute, 
orspecial,  such  as  from  military  service  [  ExxBorr^ 
p.  499],  from  taking  the  office  of  tutor  or  guardian 
[Tutor],  and  the  like. 

IMPE'NDIUM.     [Fenits,  p.  526,  h] 

IMPERATI'VAE  FERIA#    [Fbiiab.] 

IMPERATOR.     [iMPKRiUM.] 

IMPE'RIUM.  Oahis  (iv.  103),  when  makip; 
a  division  of  judicia  into  those  Quae  Legitiiro 
jure  consistunt,  and  those  Quae  Imperio  conti- 
nentur,  observes  that   the  latter  ars   to  called 


IMPERIUM. 

beeaote  Onej  eontinne  in  force  duriiig  the  Impe- 
nm  of  him  who  haa  granted  them. 
pdJOA  w«re  thoae  which  wete  proeecuted  in 
or  within  the  fint  miliariom,  between  Roman 
citbenft  and  before  a  ai^gle  judex.  By  a  Lex 
Jdia  Jndiciana,  nch  jndicia  expired,  unleia  they 
v«re  condaded  within  a  year  and  six  raentha. 
All  ether  jodidn  were  laid  Imperio  contineri, 
vbether  conducted  within  the  above  limita  before 
iKepesatocca,  or  before  a  aingle  judex,  when 
either  the  jndex  or  one  of  the  litigant  partiea  waa 
a  p^regihina,  or  when  conducted  beyood  the  firat 
lailiariinn  either  between  Roman  citiaena  or  peie- 
rrini.  From  thia  paaaage  it  foUowa  that  there 
vm  jttdida  quae  Imperio  continebantur,  which 
wen  gnnted  in  Home  ;  which  ia  made  clearer  by 
«bat  foOowB.  There  waa  a  diatinction  between  a 
jadioinB  ex  lege,  that  ia,  a  judicium  founded  on  a 
particalar  lex,  and  a  judicium  legitimum ;  for 
iz^iaace,  if  a  man  sued  in  the  proyincea  under  a 
lex,  the  Aqnilia  for  example,  the  judicium  waa  not 
k^xttmcm,  bat  waa  said  Imperio  eontineri,  that  ia, 
the  Imperium  of  the  praeeea  or  prooonaul,  who 
irave  the  jndicinm.  The  aame  waa  the  caae  if  a 
man  aned  at  Rome  ex  lege,  and  the  judicium  waa 
before  recapetatoiea,  or  there  waa  a  peregrinua 
cnocened.  If  a  man  aned  under  the  praetor^ 
edict,  and  conacqnently  not  ez  lege,  and  a  judi- 
dcm  waa  granted  in  Rome  and  the  aame  waa  be- 
fcre  one  judex  and  no  foreigner  waa  concerned,  it 
«ai  legitimum.  The  judicia  legitiroa  are  men* 
tjfioed  by  Cicero  {Fro  Rom,  Com.  5  ;  Or.  Part 
1'2) ;  but  it  may  perhapa  be  doubted  if  he  uaea 
the  teim  in  the  aenae  in  which  Gaiua  doea. 
It  appears  then,  that  in  the  time  of  Gaiua,  ao  long 
as  a  m^  had  jurisdictio,  ao  long  waa  he  aaid  to 
haxc  Imperium.  Imperium  ia  defined  by  Ulpian 
(Dig.  2.  tat  1.  a.  3)  to  be  either  merum  or 
Ktxtma.  To  have  the  memm  Imperium  ia  to 
Lare  **  gladii  poteatatem  ad  animadvertendum  in 
^inofOBOB  homines,**  a  power  that  had  no  oon- 
nrctioa  with  jnriadictio :  the  mixtum  Imperium  is 
defined  by  him  aa  that  **  cni  etiam  jnriadictio  ineat,** 
or  the  poww  which  a  magistrate  had  for  the  pur- 
poses of  administering  the  civil  (not  criminal)  part 
of  the  kw.  It  ^ypears  then  that  there  waa  an 
Imperiom  which  waa  incident  to  jnriadictio  ;  but 
the  merum  or  pure  Imperium  waa  confeired  by  a 
lex  (Dig.  J.  tit.  21.  a.  I).  The  mixtum  Imperium 
vasnodiing  more  than  the  power  neceaaaiy  for 
giving  effiwt  to  the  Jurisdictio.  There  might 
thenfece  be  Imperium  w^ithout  Jurisdictio,  but 
there  could  be  no  Jnriadictio  without  Imperium. 
Aceocdmgly,  Imperium  ia  aometimea  naed  to  expreaa 
the  authority  of  a  magiatratua,  of  which  hia  Juria- 
dicdo  ia  a  part  (Puchta,  ZeittM/i  jur  Cfeadi. 
,  vol  X.  pi  201.) 
ia  'defined  by  Cicero  {PkiL  v.  16)  to 
he  that  '^sine  quo  res  militaris  administnri, 
teoeri  exercitua,  bdlum  geri  non  potest**  Aa  op> 
pottd  to  Potestaa,  it  is  the  power  which  waa  con- 
fetred  by  the  atate  upon  an  individual  who  was 
appomted  to  command  an  army.  The  phnuea 
Conmlaris  Poteataa  and  Consulare  Imperium  might 
both  he  pnperiy  used ;  but  the  expression  Tri- 
bonitia  Poteatas  only  could  be  used,  as  the  Tribuni 
never  received  the  Imperium.  (Liv.  vi  37  ;  in  VelL 
Paterc  iL  2,  Imperium  is  improperly  used.)  A  con- 
Eul  could  not  aet  as  commander  of  an  army  (attm- 
gere  rem  wulitarem)  unless  he  were  empowered  by  a 
Lex  Cuiata,  whidi  ia  ezpresaed  by  Livy  (v.  52) 


IMPERIUM. 


639 


thus : — **  Comitia  Curiata  rem  militaran  continent** 
Though  consuls  were  elected  at  the  Comitia  Cen* 
turiata,  the  Comitia  Curiata  only  could  give  them 
Imperium.  (Liv.  v.  52.)  This  was  in  conformitv- 
with  the  ancient  constitution,  according  to  which 
the  Imperium  was  conferred  on  the  kings  after 
they  had  been  elected :  **0n  the  death  of  King 
Pompilins,  the  populus  in  the  Comitia  Curiata 
elected  Tnllus  Hostilius  king,  upon  the  rogation 
of  an  interrex  ;  and  the  king,  following  the  ex- 
ample of  Pompilius,  took  the  votea  of  the  populus 
according  to  their  curiae  on  the  questbn  of  his 
Imperium.**  (Cic  Acp.  iL  17.)  Both  Numa  (ii. 
13),  and  Ancus  Marcius  (ii.  18),  the  succcasor  of 
Tullus,  after  their  appointment  as  Rcges,  are 
severally  aaid  **  De  Imperio  sno  legem  curiatam 
tnlisse.**  It  appears  then  that,  from  the  kingly 
period  to  the  time  of  Cicero,  the  Imperium,  as 
such,  was  conferred  by  a  Lex  Curiata.  On  the 
kingly  Imperium  see  Becker,  HatttUmch  der  Rom, 
AUnikiimer^  voL  L  part  il  p.  314,  &c. 

The  Imperium  of  the  kmgs  is  not  defined  by 
Cicero.  It  is  declared  by  some  modem  writers  to 
have  been  the  military  and  the  judicial  power ; 
and  it  is  aaid  that  the  consuls  also  received  the 
Imperium  in  the  aame  aense  ;  and  the  reason  why 
the  Lex  Curiata  is  specially  aaid  to  confer  tile 
Imperium  Militare,  is  that  it  specially  referred  to 
the  consuls,  and  by  the  establishment  of  die  prae- 
torship  the  jurisdictio  was  separated  from  the  con- 
sulship. It  may  be  conjectured  that  the  division 
of  Imperium,  made  by  die  jurists,  was  in  accord- 
ance with  the  practice  of  the  republican  period :  there 
was  during  the  republican  period  an  Imperium 
within  the  walls  which  was  incident  to  jurisdictio, 
and  an  Imperium  without  the  walls  which  was 
confened  by  a  lex  curiata.  There  are  no  traces  of 
this  separation  in  the  kiogly  period,  and  it  is  pro- 
bable that  the  king  received  the  Imperium  in  its 
foil  import,  and  that  its  sepamtion  into  two  parts 
belongs  to  the  republican  period.  The  Imperium, 
which  was  conferred  by  a  lex  under  the  republic, 
was  limited,  if  not  by  the  terms  in  which  it  was 
conferred,  at  least  by  usage :  it  could  not  be  held 
or  exercised  within  the  city.  It  was  sometimes 
spedaUy  conferred  on  an  individiud  for  the  day  of 
his  triumph  within  the  city  ;  and,  at  least  in  some 
cases,  by  a  plebiscitum.  (Liv.  xxvi.  21,  xlv. 
35.) 

The  Imperium  was  as  necessary  for  the  go- 
vernor of  a  province,  as  for  a  general  who  merely 
commanded  the  armies  of  the  republic,  as  be  could 
not  without  it  exeroise  military  authority  (rem 
mUiiarem  attmgere).  (See  C!aes.  B,  C,  16.)  So  for 
as  we  can  trace  the  strict  practice  of  the  Roman 
constitution,  military  command  was  given  by  a 
special  lex,  and  was  not  incident  to  any  office,  and 
might  be  held  without  any  other  office  than  that  of 
imperator.  It  appears  that  in  the  time  of  Cicero 
there  were  doubta  as  to  the  necessity  of  the  lex  in  * 
some  cases,  which  may  have  giaduaily  arisen  from 
the  irregular  practices  of  the  civil  wars,  and  from 
the  gradual  decay  of  the  old  inatitutiona.  Cicero, 
in  a  pasaage  which  is  not  very  clear  {Ad  Fam,  L  9), 
refers  to  a  Cornelia  Lex  according  to  which  an  in- 
dividual who  had  received  a  Province  ex  Senatus- 
consulto  thereby  acquired  the  Imperium,  without 
the  formality  of  a  Lex  Curiata. 

The  Imperium  (merum)  of  the  republic  appears 
to  have  been  (1),  a  power  which  was  only  exer- 
cised out  of  the  city ;  (2)   a  power  which  \ias 
R  8  3 


630 


IMPUBEa 


tpedaUy  eonfiened  by  a  Lex  Coriata,  and  waa  not 
incident  to  any  office  ;  (3)  a  power  without  which 
no  militaiy  operation  could  be  considered  as  done 
in  the  name  and  on  the  behalf  of  the  state.  Of  this 
a  notable  example  is  recorded  in  Livy  (xxvl  2), 
where  the  senate  refused  to  recognise  a  Roman  as 
a  commander  because  ho  had  not  teceiTed  the 
Imperinm  in  due  form. 

In  respect  of  his  Imperiom,  he  who  received  it 
was  styled  imperator  (tufroKpdrtfp) :  he  might  be  a 
consul  or  a  proconsul.  It  was  an  ancient  practice, 
observes  Tacitus  {Ann.  iiL  74),  for  the  soldiers  of 
a  victorious  general  to  salute  him  by  the  title  of 
imperator ;  but  in  the  instance  refexred  to  by 
Tacitus,  the  Emperor  Tiberius  allowed  the  soldien 
to  confer  the  title  on  an  indiyidual  who  had  it  not 
already,  while  under  the  republic  the  title  as  a 
matter  of  course  was  given  with  the  Imperium  ; 
and  every  general  who  received  the  Impenum  was 
entitled  to  the  name  of  imperator.  After  a  victory 
it  was  usual  for  the  soldiers  to  salute  their  com- 
mander as  imperator,  but  this  salutation  neither 
gave  nor  confirmed  the  title.  Under  the  republic, 
observes  Tacitus,  there  were  several  imperatores 
at  a  time :  Augustus  granted  the  title  to  some  ; 
but  the  last  instance,  he  adds,  of  the  title  being 
conferred  was  in  the  case  of  Blaesus,  under 
Tiberius.  There  were,  however,  later  instances. 
The  assumption  of  the  praenomen  of  imperator  by 
Julius  Caesar  (Suet  Cb«f.  c.  76)  was  a  usurpation ; 
or  it  may  have  been  conferred  by  the  senate  (Dion 
Cassius,  xliiL  44).  Under  the  republic  the  title 
came  properly  after  the  name  ;  thus  Cicero,  when 
he  was  proconsul  in  Cilicia,  could  properly  style 
himself  M.  Tullius  Cioero  Imperator,  for  the  term 
merely  expressed  that  he  had  the  Imperium.  Ti- 
berius and  Claudius  reftised  to  assume  the  prse- 
nomen  of  Imperator,  but  the  use  of  it  as  a  prae- 
nomen became  established  among  their  snccesson, 
as  we  see  from  the  imperial  coins.  The  title  Im- 
perator sometimes  appears  on  the  imperial  medals, 
followed  by  a  numeral  (VI.  for  instance),  which 
indicates  that  it  was  specially  assumed  by  them  on 
the  occasion  of  some  great  victory  |  for  though  the 
victory  might  be  gained  by  their  generals,  it  was 
considered  to  be  gained  under  the  auspices  of  the 
Imperator. 

The  term  Imperium  was  applied  in  the  republi- 
can period  to  express  the  sovereignty  of  the  Ro- 
man state.  Thus  Gaul  is  said  by  Cicero  (Pro 
Font.  1)  to  have  come  under  the  Imperium  and 
Ditio  of  the  Popolus  Ronumus  ;  and  the  notion  of 
the  Majestas  Populi  Romani  is  said  to  be  **  in 
Imperii  atque  in  nominis  populi  Romani  djgnitate.** 
(Cic.  Or.  Part  80.)  0>mpare  the  use  of  Impe- 
rium in  Horace,  Od.  I  37,  iil  5.  [G.  L.] 

IMPLU'VIUM.     [DoMus,  p.  427,  b.] 

IMPULSES.  An  infims  [Inpans]  was  hi- 
capable  of  doing  any  legal  act.  An  impubes,  who 
had  passed  the  limits  of  iniantia,  could  do  any 
legal  act  with  the  auctoritas  of  his  tutor  ;  without 
such  auctoritas  he  could  only  do  those  acts  which 
were  for  his  benefit  Accordingly  such  an  im- 
pubes could  stipulate  {ttipnUar%\  but  not  pomise 
\promittere)  ;  in  other  words,  as  Gains  (hi.  107) 
expresses  it,  a  pupillus  could  only  be  bound  by  the 
auctoritas  of  his  tutor,  but  he  could  bind  another 
without  such  auctoritas.     [Infans] 

But  this  remark  as  to  pupilli  only  applies  to 
those  who  had  understanding  enough  to  know  what 
they  were  doing  (gm  jam  aUquan  inteUectum  ha- 


IMPUBB& 

benf)^  and  not  to  those  who  weR  infontes  «r  In&ntj 
proximi,  though  in  the  caae  of  the  infiniti  prommj 
a  liberal  ntterptetation  was  given  to  die  nleof  ]a« 
(bemgmor  jmria  inlisrpreiatio)j  by  virtue  of  vhicb  ^ 
pupillus,  who  was  infanti  praximiis,  wu  pbed 
on  the  same  footing  as  one  who  mu  pobotatj 
proximus,  but  this  was  done  for  their  beneiit  oolj 
{propter  uHlUaigm  eonmi),  and  therefore  oooU  a^ 
apply  to  a  case  where  the  pupillus  might  bealonr 
(Compare  Inst  ilL  tit  19.  s.  10  with  Gm,  iii  108.  | 
An  impubes  who  was  in  the  power  cf  his  finhm 
could  not  bind  himself  even  with  the  aadontu  oj 
his  fother ;  for  in  the  case  of  a  pvpilhiB,  the  sae^ 
toritas  of  the  tutor  waa  only  allowed,  m  respect  ol 
the  pupiUus  having  piupeit^  of  his  own,  w^iA  i 
son  in  the  power  of  his  fiither  could  not  have. 

In  the  case  of  obligatioaeB  ex  delicto,  the  viAn 
of  the  auctoritas  of  a  tutor  waa  of  coarse  exdodni^ 
as  such  auctoritas  was  only  requisite  for  tbe  pur^ 
pose  of  giving  effect  to  rightful  aetn  If  the  iaj 
pubes  was  of  sufficient  capacity  to  undentand  the 
nature  of  his  delict,  he  was  bound  by  it ;  other-! 
wise,  he  was  not  In  the  case  of  a  penoo  wbj 
was  Pubertati  proximna,  there  was  a  legal  pie-; 
sumption  of  such  capaci^  ;  but  still  this  pmaap- 
tion  did  not  exclude  a  consideratioo  of  the  dcfne 
of  understanding  of  the  impubes  and  the  astue  4 
the  act,  for  the  act  might  be  audi  aa  either  tp  bf 
perfectly  mtelligible,  aa  theft,  or  it  might  hem 
act  which  on  impubes  imperfectly  andaitood.  s 
when  he  was  made  the  inatrnment  of  fitand.  These 
prineiplea  were  applicaUe  to  cases  of  fottaavdn- 
num  injuria  datum,  injurm,  and  othen ;  sad  ^ 
to  Crimea,  in  which  the  nature  of  the  act  BBmlf 
determined  whethnr  or  not  guilt  should  be  is- 
puted. 

An  impubes  could  enter  intoaeontnet  bf  vhici 
he  waa  released  from  a  debt,  but  he  ooold  Ml  r- 
leaae  a  debt  without  the  auctoritaa  of  hii  tator. 
He  could  not  pay  money  without  his  tator ;  nor 
could  he  reoeire  money  without  his  tatia;  at  ieast 
it  was  not  a  valid  payment,  because  saeh  poTneot 
waa,  aa  a  consequence,  followed  by  a  releeaeio  the 
debtor.  But  amoe  the  rule  as  to  the  ioeapaeitj  of 
an  impubes  was  made  only  to  save  him  from  kaa, 
he  could  not  retain  both  the  money  and  the  dan. 

An  impubes  could  not  be  a  piamtiff  ora  ddoid- 
ant  in  a  suit  without  his  tutor.    He  ~ 


the  ownership  of  proper^  alene,  but  he  coold  not 
alienate  it  without  the  consent  of  hii  tatoi;  iw 
could  he  manumit  a  slave  without  each  oobmol 
He  could  contract  sponsaiia  alone,  beeaaie  the 
auctoritaa  of  the  tutor  has  reference  onlj  Ut  ^ 
perty:  if  he  was  in  his  fother^  power,  he  «u  of 
course  entirely  under  his  fothar^  oentroL 

An  unpubea  could  acquire  an  heieditas  with  w 
conaent  of  his  tutor,  vi^udi  consent  was  utcewrr, 
because  an  hereditas  was  aeoompaaied  with  obliga- 
tions. ButastheactofcMtionwasaaaetthitBWt 
be  dene  by  the  hena  himael^  neithar  his  tntor  iff 
a  sUve  could  take  the  hereditas  lor  a  papillna,^^ 
he  was  in  consequence  of  his  age  incapaUeoftatog 
it  himael£  Thia  difficulty  waa  got  over  by  the 
doctrine  of  pro  herede  gestio :  the  talar  might  ptf- 
mit  the  pupillus  to  act  as  heres,  wbiefa  hsd  tbe 
effect  of  cretion :  and  this  doctrine  woaid  tm 
even  in  the  case  of  iirfantffa,  fat  bo  ei|S«i"«f[ 
words  was  neceaaary  m  order  to  the  P" J|^ 
geatio.  In  the  case  of  the  bonoram  po^'^JJ'  ^ 
fiither  could  apply  ior  it  on  behalf  ofhii  chdd,iDd 

the  tutor  on  bekaf  of  his  pupillns,  vitfaotttsnyttt 


IMPUBE& 

Win;  done  If  tlie  impubes.  By  the  imperial  legu- 
ktioa,  a  tatar  vai  allowed  to  aoqciie  the  heieditaa 
fer  hii  popillai,  and  a  father  £«■  his  aon,  who  waa 
IB  his  pewer;  and  thus  the  doctrioe  of  the  pro 
bercde  gettio  was  lendered  uimeoeasarj. 

A  papsOai  could  not  part  with  a  poasession 
vhhoat  the  ncfeoritas  of  a  totor,  for  though  pos- 
KMioB  of  its^  was  no  legal  right,  legal  advantages 
wese  attadkcd  to  it  As  to  the  acquisition  of  pos- 
amioo,  poasession  in  itadf  being  a  bare  fact,  and 
the  fandamfirtal  condition  of  it  being  the  animus 
pooideDdi,  conaeqiientlj  the  popillos  could  only 
acquire  pnaspwinn  by  himself  and  when  he  had 
capacity  to  mdentand  the  nature  of  the  act  But 
with  the  anctoritas  of  his  tutor  he  could  acquire 
poawwon  eren  when  he  was  an  infans,  and  thus 
tbe  scqaisitirw  of  possession  by  a  pnpillus  was  feci- 
htated,  vHKfiatii  eatua.  There  was  no  fonnal  diffi- 
cohf  in  sodft  poBscMion  any  more  than  in  the  case 
of  pro  hered«  gcstio,  for  in  neither  instance  was  it 
Bceensiy  far  words  to  be  used.  Subsequently  the 
)tpl  doctrioe  was  established  that  a  tutor  could 
acque  pcsstssiom  for  his  pupiUus.  (Dig.  41.  tit  2. 
ftl.§20.) 

With  the  attwnment  of  nnbertaa,  a  person  ob- 
taiaed  the  full  power  of  nis  property,  and  the 
totda  ceased:  he  could  also  dispose  of  his  property 
I7  will;  and  he  could  contract  marriage.  Accord- 
ing to  the  kgialation  of  Justinian  (Inst  l  tit  22), 
pabertaa,  in  the  case  of  a  male,  was  attained  with 
the  completion  of  the  fourteenth,  and,  in  a  female, 
with  the  completion  of  the  twelfUi  year.  In  the 
caae  of  a  female,  it  seems  that  there  never  had 
beea  any  doubt  as  to  the  period  of  the  twelve 
jeais,  but  a  dispute  arose  among  the  jurists  as  to 
the  period  of  fourteen  yeara^  The  Sabiniani  main- 
tuoedthat  the  age.of  pubertas  was  to  be  deter- 
mined by  physiol  capacity  {habitu  corporis^  to 
ascertain  which  a  penonal  examination  might  be 
nec£aaaiy  ;  the  Proculiani  fixed  the  age  of  fourteen 
omplcte,  as  that  which  absolutely  determined  the 
attainment  of  puberty.  (Gains,  L 196  ;  Ulpb  Frag, 
XL  28.)  It  appeals,  therefore,  that  under  the 
eaiiis  enperan  there  was  some  doubt  as  to  the 
time  when  pnbertas  was  attained,  though  there 
vaa  no  doubt  that  with  the  attainment  of  puberty, 
vfaatera  that  time  might  be,  fiill  Iqgal  capacity 
was  acquired. 

Until  a  Roman  youth  assumed  the  toga  virilis, 
be  woR  the  toga  pcaetexta,  the  broad  puiple  hem 
of  which  (jtrndtaeta)  at  once  distinguished  him 
from  other  persons.  The  toga  virills  was  assumed 
at  the  libenlia  in  the  month  of  March,  and  though 
BO  age  ^ipean  to  have  been  positively  fixed  for 
the  ceicmony,  it  probably  took  place  as  a  general 
nle  on  the  feast  which  next  followed  the  comple- 
tion of  the  fourteenth  year ;  thouffh  it  is  certain 
that  the  completion  of  the  fourtecntn  year  was  not 
alvajB  the  tone  observed.  Still,  so  long  as  a  male 
wore  the  ncaetezta,  he  was  Impubes,  and  when  he 
fannied  tne  tqga  virilis,  he  was  Pubes.  Accord- 
in|lj,  Veadoqw  (Festus,  «.v.)  was  the  same  as 
Paha,  and  Invesds  or  prsetextatus  the  same  as 
lapabesL  (GelLv.  19.  Ve$tieqia,)  After  the  assump- 
tion of  the  toga  virilis,  the  son  who  was  in  the 
power  of  his  fother  had  acapadty  to  contract  debts ; 
and  a  pupillus  was  released  from  the  tutela.  But 
if  neither  the  pupillus  wished  to  get  rid  of  his  tutor, 
Bor  the  tutor  to  be  released  from  the  responsibility 
of  his  office  (for  which  he  received  no  emolument), 
the  period  of  aismning  the  toga  virilis  might  be 


INAUGURATIO. 


6M 


defenred.  If  the  ptipillus  and  the  tutor  could  not 
agree,  it  might  be  necessary  that  there  should  be  a 
judicud  decision.  In  such  case  the  Proculiani 
maintained  as  a  theoretical  question,  that  the  age 
of  fourteen  should  be  taken  as  absolutely  deter- 
mining the  question,  fourteen  being  the  age  after 
the  attainment  of  which  the  praetexta  had  been 
generally  laid  aside.  The  Sabiniani  maintained 
that  as  the  time  of  puberty  had  never  been  abso- 
lutely fixed,  but  had  depended  on  free  choice,  some 
other  mode  of  decidii^  the  question  must  be 
adopted,  where  free  choice  was  out  of  the  question, 
and  therefore  they  adopted  that  of  the  physical  de- 
velopment {kabtiut  oorporis).  But  though  there 
are  allusions  to  this  matter  (Quinct  Iiut.  Or.  iv.  2), 
there  is  no  evidence  to  show  that  inspection  of 
the  peraon  was  ever  actually  resorted  to  in  order 
to  detennine  the  age  of  puberty.  It  appears  that 
the  completion  of  fourteen  yean  was  established  as 
the  commencement  of  pnbertas.  The  real  foundation 
of  the  rule  as  to  the  fourteen  and  the  twelve  years 
appears  to  be,  that  in  the  two  sexes  respectively, 
puberty  was,  as  a  general  rule  in  Italy,  attained 
about  these  ages.  In  the  caae  of  females,  the  time 
had  been  fixed  absolutely  at  twelve  by  immemo- 
rial custom,  and  had  no  reference  to  any  niactice 
similar  to  that  among  males  of  adopting  tne  toga 
virilis,  for  women  wore  the  toga  praetexta  till  the^ 
were  married.  And  further,  though  the  pupiUans 
tutela  ended  with  females  with  the  twelfth  year, 
they  were  from  that  time  subject  to  another  kind 
of  tutela. 

A  male  had  a  capacity  to  make  a  will  upon 
completing  his  fourteenth,  and  a  female  upon  com- 
pletmg  her  twelfth  year  (Gaius,ii.  113  ;  Panlus, 
8.  It  iii.  tit  4.  a.)  ;  and  the  aame  ages,  as  already 
observed,  determined  the  capacity,  in  the  two  sexes, 
for  contracting  a  leoal  marriage.  The  dispute  be- 
tween the  two  schools  as  to  the  time  when  the 
male  attained  the  age  of  puberty,  appears  to  have  had 
reference  to  the  termination  of  the  tutela,  and  his 
genend  capacity  to  do  legal  acts  ;  for  the  test  of 
the  peraonal  examination  could  hardly,  firom  the 
nature  of  the  case,  apply  to  the  capacity  to  make 
a  will  or  contract  a  mairiage,  as  Savigny  shows. 

Spadones  (males  who  could  never  attain  physi- 
cal pnbertas)  might  make  a  testament  after  attain- 
ing the  age  of  eighteen.  (Savigny,  Sj/ttem  dea  heuL 
Rom,  RwhU,  voL  iil  p.  55,  &c.)  [G.  L.] 

INAUGURATIO  was  in  general  the  ceremony 
by  which  the  augurs  obtained,  or  endeavoured  to 
obtain,  the  sanction  of  the  gods  to  something 
which  had  been  decreed  by  man  ;  in  particular, 
however,  it  was  the  ceremony  by  which  things 
or  persons  were  consecrated  to  the  gods,  whence 
the  terms  dedioatio  and  eonmeratio  were  sometimes 
used  as  sjmonymous  with  inauguiatia  (Liv.  i.  44, 
55  ;  Flor.i.  7,  8  ;  Plin.  Ep.  ix.  39,  x.58,  59,  76  ; 
Cic  m  OatU.  iv.  1.)  The  ceremony  of  inauguiatio 
was  as  follows :  — After  it  had  Ix^n  decreed  that 
something  should  be  set  apart  for  the  service  of  the 
gods,  or  that  a  certam  peraon  should  be  appobted 
priest,  a  prayer  was  addressed  to  the  gods  by  the 
augurs  or  other  priests,  solicitmg  them  to  declare 
by  signs  whether  the  decree  of  men  was  agreeable 
to  the  will  of  the  gods.  (Liv«  L  18.)  If  the  signs 
observed  by  the  inaugurating  priest  were  thought 
favoiuable,  the  decree  of  men  had  the  sanction  of 
the  godS)  and  the  inauguratio  was  completed.  The 
inauffuratio  was,  in  early  times,  always  performed 
by  l£e  augurs ;  but  subsequenUy  we  find  that  the 
s  R  4 


632 


INAURIS. 


INCENDIUM. 


inauguntio,  etpecially  tbat  of  the  rez  sacrificnlus 
and  of  the  flaminea,  was  sometimes  perfonned  bj 
the  college  of  poDtiffii  in  the  comitia  calata.  (OelL 
XT.  27.)  But  all  other  priests,  as  well  as  new 
inemben  of  the  college  of  angurs,  contiiraed  to  be 
inauguiBted  by  the  aogun,  or  sometimes  by  the 
aagiirs  in  conjunction  with  some  of  the  pontiffs 
(Lir.  xrnl  8,  xl.  42)  ;  the  chief  pontiff  had  the 
right  to  enforce  the  inangnratio,  if  it  was  refused 
by  the  angurs,  and  if  he  considered  that  there  was 
no  sufRcient  ground  for  refusing  it  Sometimes 
one  augur  alone  performed  the  rite  of  inauguratio, 
ns  in  the  case  of  Numa  Pompiiius  (Liv.  i.  ]  8  ; 
compnre  Cic  Brut.  1  ;  Macrob.  Sat.  il  9) ;  and  it 
would  seem  that  in  some  cases  a  newly  appointed 
priest  might  himself  not  only  fix  upon  the  day,  but 
also  upon  the  particular  augur  by  whom  he  desired 
to  be  inaugurated.  (Cic  I.  c  ;  and  Philip,  ii.  43.) 

During  the  kingly  period  of  Rome  the  inaugura- 
tion of  persons  was  not  confined  to  actual  priests  ; 
but  the  kings,  after  their  election  by  the  populus, 
were  inaugurated  by  the  angurs,  and  thus  became 
the  high-priests  of  their  people.  After  the  civil 
and  military  power  of  the  kings  had  been  conferred 
upon  the  consuls,  and  the  office  of  high-priest  was 
given  to  a  distinct  person,  the  rex  sacrorum,  he 
was,  as  stated  above,  inaugurated  by  the  pontiffs 
in  the  comitia  calata,  in  which  the  chief  pontiff 
presided.  But  the  high  republican  magistrates, 
nevertheless,  likewise  continued  to  be  inaugurated 
(Dionys.  it  6),  and  for  this  purpose  they  were 
summoned  by  the  augurs  (amdietio^  dmnmeiaiio) 
to  appear  on  the  ci4>itol  on  the  third  day  after  their 
election.  (Serv.  ad  Virp.  Am.  iii  117.)  This 
inauguratio  conferred  no  priestly  dignity  npon  the 
magistrates,  but  was  merely  a  method  of  obtaining 
the  sanction  of  the  gods  to  their  election,  and  gave 
them  the  right  to  take  the  anspicia  ;  and  on  im- 
portant emergencies  it  was  their  duty  to  make  nse  of 
this  privilege.  At  the  time  of  Cicero,  however,  this 
duty  was  scarcelv  ever  observed.  (Cic.  dt  Divin, 
ii.  86.)  As  nothing  of  any  importance  was  ever 
introduced  or  instituted  at  Rome  without  consult- 
ing the  pleasure  of  the  gods  by  augury,  we  read  of 
the  inauguratio  of  the  tribes,  Slc.  [L.  S.] 

INAURIS,  an  ear-ring  ;  called  in  Greek  it^ 
riWy  because  it  was  worn  in  the  ear  (o9r),  and 
iw6€iov^  because  it  was  inserted  into  the  lobe  of 
the  ear  {\o€6s\  which  was  bored  for  the  purpose. 
(Horn.  R.  xiv.  182,  Hymn^  iL  in  Fen,  9  ;  Plin. 
//.  N.  xiL  1.) 

Ear-rings  were  worn  by  both  sexes  in  oriental 
countries  (Plin.  H.  N.  xl  50)  ;  especially  by  the 
Lydians  (Xen.  Anah.  iii.  I.  §  31),  the  Persians 
(Diod.  Sic.  T.  45),  the  Babylonians  (Juv.  L  104), 
and  also  by  the  Libyans  (Macrob.  Sat.  vii  3),  and 
the  Carthaginians  (Plaut  Poen,  t.  2. 21).  Among 
the  Greeks  and  Romans  they  were  worn  only  by 
females. 

This  ornament  consisted  of  the  ring  (Kptxosj 
Diod.  Sic.  L  c.)  and  of  the  drops  (dalagmia^  Festus, 
B.  V. ;  Plaut  Men.  iii  3.  18.)  The  ring  was  gene- 
rally of  gold,  although  the  common  people  also 
wore  ear-rings  of  bronze.  See  Nos.  I,  4,  from  the 
Egyptian  collection  in  the  British  Museum.  Instead 
of  a  ring  a  hook  was  often  used,  as  shown  in  Nos. 
6,  8.  The  women  of  Italy  still  continue  the 
same  practice,  passing  the  hook  through  the  lobe 
of  the  ear  without  any  other  fastening.  The  drops 
were  sometimes  of  gold,  very  finely  wrought  (see 
Nos.  2,  7,  8),  and  sometimes  of  pearls  (Plin.  ll.cc ; 


Sen.  de  Ben.  vil  9  ;  Gvid.  Met  x.  265  ;  Claud,  ic 
VI.  Com.  Honor.  628  ;  Sen.  HippoL  iL  1.  S3).aod 
precious  stones  (Nos.  3,  5,  6).  The  pearis  were 
valued  for  being  exactly  spherical  (Hor.  Epod.  rill 
1 3),  as  well  as  for  their  great  size  and  deliate 
whiteness  ;  but  those  of  an  elongated  fonn,  called 
dendUy  were  also  much  esteemed,  being  ads^feed  to 
terminate  the  drop,  and  being  sometimes  placed 
two  or  three  together  for  this  purpose.  (Plin.  H.  S. 
ix.  SB ;  Juv.  vl  364.)  In  the  Iliad  (xiv.  182, 183), 
Hera,  adorning  herself  in  the  most  captiiatiaf 
manner,  puts  on  ear-rings  made  with  thi«e  drops 
resembling  mulberries.  (See  Eostath.  adloc)  Plisv 
observes  (xi  50)  that  greater  expense  was  latisM 
on  no  part  of  the  dress  than  on  the  ear-rinp. 
According  to  Seneca  {L  c.)  the  ear-ring.  No.  3,  in 
the  preceding  woodcut,  in  which  a  couple  of  peai)» 
are  strung  both  above  and  below  the  predous  ston«, 
was  worth  a  patrimony.  (See  also  De  Vita  Beata^ 
17.)  All  the  «ar-ring8  above  engraved  belong  to 
the  Hamilton  collection  in  the  British  Musean. 

In  opulent  fiimilies  the  care  of  the  ear-ringi  was 
the  business  of  a  female  slave,  who  was  called 
Auriculae  Omatrix  (Gruter,  Ituerip.).  The  Vena* 
de*  Medici,  and  other  female  statues,  have  the  ean 
pierced,  and  probably  once  had  ear-rings  in  them. 
The  statue  of  Achilles  at  Sigenm,  representing  his 
in  female  attire,  likewise  had  this  oniaroent  (Serr. 
M  Virg.  Aen.  L  30  ;  TertulL  de  Pall,  4.)    [J.  Y.] 

INCE'NDIUM,  the  crime  of  setting  any  object 
on  fire,  by  which  the  property  of  a  man  is  endan- 
gered. It  was  thus  a  more  general  terai  than 
the  modem  Arson,  which  is  limited  to  the  act  of 
wilfully  and  maliciously  burning  the  property  of 
another.  The  crime  of  incendium  was  the  subject 
of  one  of  the  laws  of  the  Twelve  Tables,  whidi  in- 
flicted a  severe  punishment  on  the  person  who  cet 
fire  to  property  malicionsly  (sdene^  prwdene) ;  but  if 
it  was  done  by  accident  (oam,  id  estynegHgeiiia)^  tbe 
law  obliged  the  offender  to  repair  the  injury  be 
had  committed.  (Dig.  47.  tit  9.  a.  9.)  The  poD- 
ishment,  however,  of  burning  alive,  whidi  ii  mo- 
tioned in  the  passage  of  the  Digest  referred  to,  is 
supposed  by  modem  commentaton  not  to  have  been 
contained  in  the  Twelve  Tables,  but  to  have  ben 
transferred  from  the  imperial  period  to  earlier  timei. 
In  tbe  second  Pnnio  war  a  great  fire  broke  out  at 


INCESTUM. 

lUne,  vUch  wms  eridently  oecaaloiMd  kmrnana 
f.-j^e.    The  oflSeoden  were  diKOTered  and  pan- 
'lised  (nnaieerrwH  eai\  but  Livy  imfisrtunately 
^va  not  Etete  (zxri.  27)   in  what  nuumer.    The 
cnnc  of  inoendiani  was   the  sahject  of  Tsrioiu 
mtimsaU  in  the  hst   century  (k  the  lepablic 
Sa!b,  inhis£«rCbnM/ni  ds  Sieariu^  {Ruushedma- 
ikioiis  (doh  mah)  ineendinm,  hnt  only  in  the  dty, 
orvitlimathoBaBndpaoesof  it,  with  aquae  et  ignis 
iatodictio,  since  it  was  frequently  employed  as  a 
aieaos  for  the  pcipetia^n  of  murder,  which  was 
espedilly  the  subject  of  this  law.  (Dig.  48.  tit.  8. 
s.  1.)    Cn.  Pompeiua,  in  b.  a  52,  made  ineendium 
a  cHdc  of  Vis  by  his  Leag  Pompeia  de  Fi',  in  conse- 
cvface  of  the  burning  of  the  Curia  and  the  Porcia 
BasiUa  on  the  bmial  of  Clodhss  ;  and  Julius  Ctesar 
alio  fndaded  it  in  his  Lex  JmUa  dt  F^  which  en- 
acted that  any  act  of  mcendium  committed  bj 
iai^  numben  of  men,  even  if  the  object  of  their 
B9«sbling  together  was  not  ineendium,  should  be 
tzTsted  as  Vis,  and  punished  with  aquae  et  ignis 
ictndictio.  (Cie.  PhSL.  i  9 ;  comp.  Porni.  4.)  The 
BMre  n<cent  Lex  Julia  de  Vi  seems  to  have  been 
itM  Kvere,  but  it  is  uncertain  what  punishment  it 
etdained.  (PauH.  r.  26.   §  3.)     Besides  the  two 
cnmioal  prosecutions  given  l^  the  Lex  Cornelia 
and  Lex  Julia,  a  person  could  also  bring  actifms  to 
i^cover  compensation  for  the  injury  done  to  his 
prrperty :    L  By  the  aetic  legit  AquHHae^  in  case 
of  accidental  ineendium.  (Dig.  9.  tit  2.  s.  27  §  5.) 
1  In  the  case  of  a  person  who  had  committed 
rc^bny  or  done    injury  during  an    ineendium, 
there  was  a  praetorian  action  de  incendio,  which 
crmpeiled  him  to  restore  fourfold  the  amount.  (Dig. 
47.  cit  9.  A  1,5.)     In  the  imperial  period  various 
distinctions  were  made  in  the  crime.     First,  a  dis- 
titction  was  made  according  to  the  greater  or  smaller 
ixa^  of  the  ineendium  to  the  contiguous  objects : 
thru  ineendium  in  the  city  was  punished  with  leas 
^ererity  than  xncendium  in  the  country.    Secondly, 
adisuoctkm  was  made  according  as  the  act  had 
1»en  performed  dolo,  eulpoy  or  ecuu.     If  the  ineen- 
dium was  not  malicious,  but  still  might  have  been 
avoided  hj  oidinary  care,  a  person  had  to  make 
wmpeosa^ ;  but  if  the  ineendium  was  purely  ae- 
cdental,  no  compensation  was  necessary.      The 
nmtio  vas  extraordimaria  and  belonged  to   the 
Praefectos  nrbi,  who  could  inflict  whatever  pun- 
ishiDCDt  he  pleased,  for  it  appears  that  there  was 
no  praislnnent  fixed  by  law.    We  accordingly  find 
mention  of  execution  by  the  sword,  burning  alive, 
coDdemnation  to  the  mines  and  to  public  works, 
deportatio,  relegsdo,  flogging,  &c,  as  punishments 
inflicted  on  account  of  ineendium.  (Dig.  48.  tit  19, 
«.28.S12;9.tit.  2.  8.30.1  3;  47.  tit.  9.  §  1  ; 
l^aallv.  20.  §  1.  v.  3.  §  6  ;  Coll.  Leg.  tit.  12.) 
1'be  preeeding  account  is  taken  fifom  Rein,  Dot 
(Xmaalraki  der  Homer,  pp.  765—774,  where  all 
t\>e  uthorities  are  given. 
INCENSUS.    [Caput  ;  Census,  p.  263,  a] 
INCESTUM  or    INCESTUa     Incestum   is 
nm  castuin,  and  signifies  generally  all  immoral 
and  irreligioas  acta  In  a  narrower  sense  it  denotes 
tbe  ondiMtity  of  a  Vestal,  and  sexual  intercourse 
^  \mma  within  certain  degrees  of  consanguinity. 
I( «  nan  married  a  woman  whom  it  was  for- 
bidden for  him  to  marry  by  positive  morality 
(TOonbns),  he  was  said  to  commit  incestum.    (Dig. 
3^  tjL  2.  B.  39.)     Such  a  marriage  was  in  fiict  no 
"^'Tiage,  foqr  the  necessary  connubium  between 
we  parties  was  wanting.    Accordingly,  incestum 


INCITEGA. 


633 


is  the  sexual  connection  of  a  male  and  a  female, 
whether  under  the  form  of  marriage  or  not,  if  such 
persons  cannot  many  by  reason  of  consanguinity. 

There  was  no  connubium  between  persons  re- 
lated by  Uood  in  the  direct  line,  as  parents  and 
children.  If  such  persons  contracted  a  marriage  it 
was  Nefariae  et  Incestae  nuptioe.  There  was  no 
coonubiam  between  persons  who  stood  in  the  rela- 
tion of  parent  and  child  by  adoption,  not  even 
after  the  adopted  child  was  emancipated.  Thero 
were  also  restrictions  as  to  connubium  between 
collatend  kinsfolk  (ex  iramemno  gradu  eogmOU^s)  i 
there  was  no  connubium  between  brothers  and 
sisters,  either  of  the  whole  or  of  the  half  blood  ; 
nor  between  children  of  the  blood  and  children  by 
adoption,  so  long  as  the  adoption  continued,  or  so 
long  as  the  children  of  the  blood  remained  in  the 
power  of  their  fiither.  There  was  connubium  be- 
tween an  uncle  and  his  brother^  daughter,  afVer 
the  emperor  Claudius  had  set  the  example  by 
marrying  Agrippina  ;  but  there  was  none  between 
an  uncle  and  a  sisterli  daughter.  There  was  no 
connubium  between  a  man  and  his  amita  or  mater- 
tera  [Coonati]  ;  nor  between  a  man  and  his 
socrus,  nurus,  privigna  or  noverca.  In  all  such 
cases  when  there  was  no  connubiimiy  the  children 
had  a  mother,  but  no  legal  fi&ther. 

Incest  between  persons  in  the  direct  line  was 
pimishable  in  both  parties  ;  in  other  cases  only  in 
the  man.  The  punishment  was  Relegatio,  as  in 
the  case  of  adultery.  Concubina^  between  near 
kinsfolk  was  put  on  the  same  footmg  as  marriage. 
(Dig.  2a  tit  2.  a  56.)  In  the  case  of  adulterinm 
and  stuprum  between  persons  who  had  no  connu- 
bium, there  was  a  double  offence :  tbe  roan  was 
punished  with  deportatio,  and  the  woman  was  sub- 
ject to  the  penalties  of  tbe  Lex  Julia.  (Dig.  48. 
tit.  18.  s.  5.)  Among  slaves  there  was  no  inces- 
tum, but  after  they  became  free  their  marriages 
were  regulated  according  to  the  analogy  of  the 
connubium  among  firee  persons.  It  was  incestum 
to  have  knowledge  of  a  vestal  virgin,  and  both 
parties  were  punished  with  death.      , 

That  which  was  stuprum,  was  considered  inces- 
tum when  the  connection  i^'as  between  parties  who 
had  no  connubium.  Incestum,  therefore,  was 
stuprum,  aggravated  by  the  circumstance  of  real  or 
legal  consanguinity,  and,  in  some  cases,  aflinity. 
It  was  not  the  form  of  marriage  between  such  per- 
sons that  constituted  the  incestum  ;  for  the  nuptinc 
were  incestae,  and  therefore  no  marriage,  and  tho 
incestuous  act  was  the  sexual  connection  of  tho 
parties.  Sometimes  incestum  is  said  to  be  contra 
fiis,  that  is,  an  act  in  violation  of  religion.  Tho 
rules  as  to  Incestum  were  founded  partly  on  tho 
Jus  Gentium  and  partly  on  the  Jus  Civile  ;  but 
the  distinction  did  not  exist  in  the  early  periods, 
and  the  rules  as  to  Incestum  were  only  such  n» 
were  recognised  by  the  Jus  Gentium.  Though 
the  rules  as  to  Incestum  were  afterwards  more 
exactly  determined  by  the  Jus  Civile,  there  does 
not  seem  to  have  been  any  complete  lex  on  the 
matter.  The  Lex  Julia  de  adulteriis  only  treated 
Incestimi  incidentally,  or  so  far  as  it  was  also 
adultery:  but  the  jurists  connected  all  the  im- 
perial legislation  on  this  matter  and  their  own  inter- 
pretation with  the  Lex  Julia.  (Rein,  Daa  Crimi- 
nalretM  der  Homer,  p.  869,  &c.)  [G.  L.] 

INCITE'GA,  a  corruption  of  the  Greek 
ayyoO^Kii  or  iyyvBifKri,  a  term  used  to  denote  a 
piece  of  domestic  fiirniture,  variously  formed  ac- 


9U 


INCUNABULA. 


ooiding  to  the  particular  occasioD  intoided  ;  made 
of  silTer,  bnmze,  day,  ttone,  or  wood,  aceording  to 
tlie  cireninitancet  of  the  poeeenor ;  soinetimet 
adorned  with  fignret ;  and  employed  to  hold 
ampboTM,  bottlet,  alabastra,  or  any  other  veaieU 
which  were  round  or  pointed  at  the  bottom,  and 
therefore  reqnired  a  teparate  oootriTance  to  keep 
them  erect  {FmtnB,9.v.Ineiieffa;  Bekketf  Aueed. 
245  ;  WilkiMon,  M<m.  amd  Otuitmu^  toL  iL  pp.158, 
160,  216,  21 7.)  Some  of  thoee  need  at  Alexandria 
were  triangular.  ^Athen.  t.  45.)  We  often  see 
them  repreeented  m  ancient  Egyptian  painting!. 
The  annexed  woodcat  shows  three  AyTog^nai, 
which  are  preeerred  in  the  British  Mosenm.  Those 
on  the  right  and  left  hand  are  of  wood,  the  one 
haring  foor  fiset,  the  other  six  ;  they  were  found 
in  Egyptian  tombe.  The  third  is  a  broad  earth- 
enware ring,  which  is  used  to  support  a  Grecian 
amphora.  [J.  Y.] 


I'NCOLA     [DoMiciLiDv.] 

INCORPORA'LES  RES.     [Dominium.] 

INCUNA'BULAorCUNA'BULA  (<nr«^ 
voy\  swaddling-clothes. 

The  first  thing  done  after  the  birth  of  a  child 
was  to  wash  it  ;  the  second  to  wrap  it  in  swad- 
dling clothe^  and  the  rank  of  the  child  was  indi- 
cated by  the  splendour  and  costliness  of  this,  its 
first  attire.  Sometimes  a  fine  white  shawl,  tied 
with  a  gold  band,  was  used  for  the  purpose  (Hom. 
Hymti,  inApoU.  121, 122)  ;  at  other  times  a  small 
purple  scarf,  &stened  with  a  brooch.  (Find.  Pyth. 
iv.  114  ;  xAflM^'Wt  Longus,  l  1.  p.  14,  28,  ed. 
Boden.)  The  poor  used  broad  fillets  of  common  doth 
(patmi,  Luke,  iL  7, 12  ;  Ezek.  xtl  4.  Vulg,  ;  com- 
pare Hom.  Hymn,  m  Merc  151,  306;  ApoUod. 
BiU.  iil  ]0.§2  ;  Aelian,  F.  £r.  ii.  7  ;  Eurip.  Ion, 
82  ;  Dion  Chiysost  tl  p.  203,  ed.  Reiske  ;  Pkut 


INFAMIA. 

AmpUL  T.  1.  52,  7Vm&  t.  IS). 
woodcut,  taken  from  a  beaotiftd  bas-relierBt  Roem 
which  is  supposed  to  refer  to  the  birth  o£  Tdephai 
shows  the  appearance  of  a  child  so  dothrd^  aac 
renders  in  some  degree  more  intelligifale  the  hhk 
of  the  deoeption  practised  by  Rhea  upon  Sstam  it 
sayii^  the  life  of  Jupiter  by  pwarjitmy  a  stone, 
enreloped  in  swaddlii^-clothe^  to  be  deToared  bj 
Saturn  instead  of  kis  new-born  child.  (Haa.  Tlffy. 
485.)  It  was  one  of  the  pecnliaritiea  of  the  Lace- 
daemonian education  to  dispgnae  with  the  use  of 
incnnabuhi,  and  to  allow  children  to  enjoy  the  free 
use  of  their  limbs.  (Plut.  Z^fovy.  pu  90,  e<L 
Steph.)  £J.  Y.J 

INCUS  (&gM«r),  an  anvil  The  r^neaent^- 
tions  of  Vulcan  and  the  Cydopes  on  Tscioas  woiu 
of  art,  show  that  the  andent  anvil  was  fionned  Ukt 
that  of  modem  times.  When  the  smith  wanted  to 
make  use  of  it,  he  placed  it  on  a  large  block  of 
wood  (Aicfi^8cror,  Horn.  IL  xnii  410,  476,  Od. 
Tiii.  274  ;  poaiiu  tnauUbnsy  Viig.  Aen.  riL  62S  ; 
Tiii.  451)  ;  and  when  he  made  the  link  of  a  chain, 
or  any  other  object  which  was  round  or  hoUow,  he 
beat  it  upon  a  point  projecting  from  one  aide  of 
the  anvfl.  The  annexed  woodcut,  repreaiinipg 
Vulcan  fiMEging  a  thunderbolt  lor  Jiqiiter,  ilhu- 
trates  these  circumstances  ;  it  is  takm  from  a  gem 
in  the  Royal  Cabinet  at  Paris.    It  appears  that  in 


the  **  braxen  age,**  not  only  the  things  made  apoo 
the  anvil,  but  the  anvil  itself  with  the  hammer 
and  the  tongs,  were  made  of  Invnae.  (Hobl  Oi. 
iiu  483,  434;  ApoUon.  Rhod.  iv.  761,  7^1) 
[Mallbus.]  r  J.  y.i 

INDEX.    [LiBKR.] 
INDIGITAMENTA.    [PoKnrax.1 
INDU'SIUM.    [TumcA.] 
I'NDUTUS.     [Amictus  ;  Tunka.] 
INFA'MTA.     The  provisions  as  to  Infiunia, « 
they  appear  in  the  l^[islation  of  Justinian,  are  cmh 
tained  m  Dig.  3.  tit  2.  De  his  qui  nolantnr  In- 
fimiia,  and  in  Cod.  2.  tit  12.  Ex  quibos  ouiib  In- 
fiunia irrqgatur.    The  Digest  contains  (s.  1)  the 
cases  of  Infiunia  as  enumerated  in  the  Praetor's 
Edict    There  are  also  various  -provisions  on  the 
subject  in  the  Lex  Julia  Munidpalis  (b.c.  46), 
commonly  called  the  Table  of  Heiaclea. 

Infiunia  was  a  consequence  of  condcmnstion  in 
any  Judicium  Publicum,  of  ignominious  {waommae 
oomm)  expulsion  from  the  army  (Tah  HervL  1. 
121),  of  a  woman  being  detcicted  in  adolterj, 
though  she  mi^ht  not  have  been  condemned  is  s 
Jndiciam  Pubbcum,  &c. ;  of  condemnatio  fcr  Yvr- 


living  bj  aidJog  in  pcottifcatioii  (Tab. 
123);«rfi 


INFAMIA. 

tiB»  RajiM,  InjjunaBj  and  Dolos  Bltlna,  providad 
ife  afiesder  wm  condcBtmed  in  hia  own  name,  or 
|i9Tided  in  Ui  own  name  be  paid  a  tmn  of  money 
byway  rfccBiipnieation ;  of  condemnation  inanae- 
tw  Pro  Socio^  Tntelae,  Manilatnm,  Depoutam  or 
Fidaeis  (csBpve  die  Edict  with  Cic  pro  Bote, 
Cmu  fi,  fn  Rote.  Amtr,  M,  S9,  pro  Oatema^ 
%  JhpLclQ;  Tab.  HoacL  L  1]1),  provided 
tbe  ofieader  was  condemned  in  bis  own  name. 
In€wwi».  mly  fioUowed  for  a  oondemnatio  in  a 
liiracca  actio,  not  if  a  man  waa  condemned  oon> 
tcuie  jndido,  imleH  the  person  condemned  was 
gaOtj  of  same  spedal  diahonestj.  Infiunia  was  also 
a  cBuseqiiaaw*  of  insolTency,  when  a  manls  bona 
were  Pomsssa,  Pnocri|iCa,  Vendita  (Cic  pn 
QmmLlS;  Tabi  HenuO.  L  113—117  ;  Oaina,  iL 
154)  ;  of  a  widow  manying  within  the  time  ap- 
pobted  far  ssoaniii^,  but  the  Infiimia  attached  to 
the  second  hnsband,  if  be  was  a  pateifemilias,  and 
if  be  waaaot,  then  to  his  fittber,  and  to  the  &ther 
of  the  widow  if  she  was  in  bis  power  ;  the  Edict 
does  not  speak  of  tbe  Infiunia  of  tbe  widow,  but  it 
nas  sabseqiMDtly  extended  to  her.  Infisunia  was 
a  canseqioenee  of  a  man  bein^  at  the  same  time  in 
the  rchtion  of  a  doable  mam^  or  double  sponaa- 
ba ;  tbe  ittfirniia  attached  to  the  man  if  he  was  a 
laifiinBiliBs,  and  if  be  was  not,  to  his  firther ;  tbe 
Edict  here  also  speaks  only  of  tbe  man,  but  tbe 
lik&mia  was  snbaeqnently  extended  to  the  woman. 
IjiSuDia  was  a  consequence  of  pnstitatioD  in  tbe 
caae  of  a  woman,  of  similar  conduct  in  a  man  (qm 
I  eti\  of  .Ii<*nocininin  or  gaining  a 
HeracL  L 
J  en  a  public  stage  as  an  actor, 
of  engaging  for  money  to  appear  in  the  figbtaof  tbe 
wild  beasts,  even  if  a  man  did  not  appear^  and  of 
ajipcaring  these,  thoo^b  not  fn  money. 

It  lenita  from  thu  enumeration  that  Tnfinmift 
wu  ooly  the  consequence  of  an  act  committed  by 
tke  pcsMn  who  beame  Infimiis,  and  was  not  the 
ooanqaence  of  any  punishment  for  such  acL  In 
aaae  caies  it  only  louowed  upon  condoonation  ;  in 
ctbeiB  it  waa  a  dinet  consequence  of  an  act,  as  soon 
u  nch  act  was  notorious^ 

It  lias  sonctimes  been  supposed  that  the  Prae- 
tor eatahlisbed  tbe  Infrmia  as  a  rule  of  law,  which 
liovever  waa  not  tbe  case.  The  Praetor  made  cer- 
tab  luks  as  to  Postaktio  (Dig.  3.  tit  1.  s.  1),  for 
the  pmpoae  of  maintaining  tbe  xniri^  of  his  court 
With  respect  to  the  PosUdatio,  be  distributed  per^ 
m»  btto  three  daises  The  second  chus  compre- 
hended, aaioqg  othen,  certain  persons  who  were 
fMrpUudim  wofaftjfes,  who  might  pnstuhite  for  tbem- 
MlTcsbatnotficffotbeia.  Tbe  third  dass  contained, 
aiuog  etheca,  all  those  *'qni  Edicto  Prsetoris  ut 
mbmxg  notentar,^  and  were  not  already  enume- 
itted  in  the  aeoond  dass.  Aceoidingly  it  was 
oeceiEsiy  for  the  Pzaetor  to  enumerate  all  the  In- 
fiuaes  vbo  were  not  included  in  the  second  dais, 
ud  this  be  did  in  tbe  Edict  as  quoted.  (Big.  3. 
tit  2. 1.  !•)  Consistently  with  this,  Infomia  was  al- 
ready sa  cataUiabed  Ic;^  condition  ;  and  Uke  Prae- 
tor in  hia  edicts  on  Poatalation  did  not  make  a 
clsM  of  pesaons  called  Tiifirm«*s,  but  be  enumerated 
ai  pasnia  to  be  ezdnded  fr«»m  certain  rights  of 
PtNCsbtion,  those  who  were  Infomes.  Conse- 
qoe&tly  the  l^gal  notion  of  Infiunia  was  fixed  befove 
tbeK  edicts. 

It  is  neeessuy  to  distinguish  Infiunia  from  the 
^^ota  Censoria.  The  Infimiia  does  not  seem  to 
Ittve  been  created  by  written  hiw,  but  to  have 


INFAMIA* 


635 


been  an  old  Roman  institntioa.  I 
tboagh  not  in  all,  it  was  a  consequence  of  a  judi- 
cial decision.  The  power  of  tbe  Cenaon  was  m  its 
eflfecta  analogous  to  tbe  Infomia,  but  different  from 
it  in  many  respeota.  Tbe  Censors  could  at  their 
pleaauro  remove  a  aiaa  frtnn  the  Senate  or  the 
Equitea,  remove  him  into  a  lower  tribe,  or  remove 
him  out  of  all  the  tribes,  and  so  deprive  him  of  hia 
snfinginm,  by  reducing  him  to  the  condition  of  an 

laiius.  (Cic.  pro  Oueai,  48,  45.)  They  could 
abo  affix  a  mark  of  ignominy  or  censure  opposite 
to  a  man^  name  in  tbe  list  of  citiaens,nota  censoria 
or  subacriptio  (Cic.  pro  Ckmt,  42,  43,  44,  46, 
47)  ;  and  in  doiqg  this,  they  were  not  bound  to 
make  any  special  inquiry,  but  might  follow  general 
opinion.  This  arbitiary  mode  of  pnceediog  was 
however  partly  remedied  by  the  foct  that  such  a 
censorian  nota  might  be  opposed  by  a  colleague,  or 
removed  by  the  following  censors,  or  by  a  judicial 
deciabn,  or  by  a  lex.  Accordingly  tbe  censorian 
nota  was  not  perpetual,  and  therein  it  differed 
essentially  from  Infiunia,  which  was  perpetual 

The  consequenoes  of  Infomia  were  the  loss  of 
certain  political  rights,  but  not  aU.  It  was  not  a 
capitis  deminutio,  but  it  resembled  it  Tbe  In- 
fomis  became  an  Aerarins,  and  lost  the  suffiagium 
and  faonorea ;  that  is,  be  lost  tbe  capacity  for  cer- 
tain so-called  public  rigbta,  but  not  the  capacity  for 
private  rights.  Under  the  empire,  tbe  Infomia  lost 
its  eflectas  to  public  rights,  for  sneh  rights  became 
unimportant 

It  might  be  doubted  whether  the  loss  of  tbe 
suffiagium  waa  a  consequence  of  Infiunia,  but  tbe 
affirmative  aide  ia  maintained  by  Savigny  with 
such  reasons  as  may  be  pronounced  completely  con« 
dusive.  It  appean  from  Livy  (vii  2)  and  Valeriua 
Maximua  (ii.  4.  §  4),  that  the  Actores  Atellanarum 
were  not  cdther  removed  from  their  tribe  (mc  tnbu 
aioiMRter),  nor  incapable  of  serving  in  the  army :  in 
other  words  such  actors  did  not  become  Infomes, 
like  other  actoia.  The  phrase  **  tribu  moveri  **  is 
ambiguous,  and  may  mean  either  to  remove  firom 
one  tribe  to  a  lower,  or  to  move  from  all  the  tribea, 
and  so  make  a  man  an  aerarius.  Now  the  mere  re- 
movmg  from  one  tribe  to  another  must  have  been 
an  act  of  tbe  Censors  only,  for  it  was  necessary  to 
fix  tbe  tribe  into  which  the  removal  was  made: 
but  this  could  not  be  tbe  case  in  a  matter  of  In- 
fimia,  which  was  the  effect  of  a  genefal  rule,  and 
a  general  rule  could  only  operate  in  a  general  way  ; 
that  is,  **  tribu  moveri,**  as  a  consequence  of  In- 
fiunia, must  have  been  a  removal  firom  all  the 
tribes,  and  a  degradation  to  the  state  of  an  Aera- 
rins.   (Compare  Liv.  xlv.  15.) 

Tbe  Lex  Julia  Municipalis  does  not  contain  tbe 
word  Infomia,  but  it  mentions  nearly  the  same 
cases  as  those  which  the  Edict  mentions  as  cases 
of  Infomia.  The  Lex  exdudes  persons  who  foil 
withki  its  terms,  from  being  Senatores,  Decnriones, 
Ccoscripti  of  their  dty,  from  giving  their  vote  m 
tbe  senate  of  their  ci^,  and  bom  magistracieB 
which  gave  a  man  access  to  tbe  senate :  but  it  says 
nothing  of  the  right  of  voting,  being  taken  away. 
Savigny  observes  that  there  would  be  po  incon- 
sistency in  supposing  that  the  lex  refiised  only 
the  Honores  in  tbe  munidpal  towns,  while  it  still 
allowed  Infomes  to  retain  the  suifraginm  in  such 
towns,  though  the  practioe  was  different  in  Rome, 
if  we  consider  that  the  suffragium  in  the  Roman 
Comitia  was  a  high  privilege,  while  in  tbe  munici* 
pal  towns  it  was  oompaiativdy  nninwortant 


636  INFANS,  INFANTIA. 

Cicero  {pro  Rose,  dm.  6)  speaks  of  the  judida 
Fidnciae,  Tutelae,  and  Societatis  as  **  samniae 
existimationis  et  pene  capitis.**  In  another  oration 
(pro  Quint,  8,  9,  13,  15,  22)  he  speaks  of  the  ex 
^icto  possessio  bononun  as  a  capitis  causa,  and  in 
fact  as  identical  with  Infamia  (c.  15,  cujns  bona 
ex  edicto  posiidentnr,  hajos  onmis  fiiinia  et  exis- 
timatio  cnm  bonis  aimul  possidetor).  This  capitis 
minutio,  howeyer,  as  already  observed,  affected 
only  the  public  rights  of  a  citizen ;  whereas  the 
capitis  deminuto  of  the  imperial  period  and  the 
expression  capitalis  causa,  apply  to  the  complete 
loss  of  citizenship.  This  cluuDge  manifestly  arose 
from  the  circumstance  of  the  public  rights  of  the 
citizens  under  the  empire  having  become  alto- 
gether  unimportant,  and  thus  the  phrase  capitis 
deminutio,  under  the  empire,  applies  solely  to  the 
individualli  capacity  for  private  nghts. 

In  his  private  rights  the  Iniamis  was  under 
some  incapacities.  He  could  only  postulate  before 
the  Praetor  on  his  own  behalf  and  on  behalf  of 
certain  persons  who  were  very  nearly  related  to 
him,  but  not  genemlly  on  behalf  of  all  persons. 
Consequently  he  could  not  generally  be  a  Cognitor 
or  a  Procurator.  Nor  could  a  cause  of  action  be 
assigned  to  him,  ibr  by  the  old  law  he  must  sue  as 
the  cognitor  or  procurator  of  the  assignor  (Gains, 
ii.  39)  ;  but  this  incapacity  became  unimportant 
when  the  Ccssio  was  eitected  by  the  utiles  actiones 
without  the  intervention  of  a  Cognitor  or  Procu- 
rator. The  Infamts  could  not  sustain  a  Popularis 
Actio,  for  in  such  case  he  must  be  considered  as  a 
procurator  of  the  state.  The  In&mis  was  also 
limited  as  to  his  capacity  for  marriage,  an  incapa- 
city which  originated  in  the  Lex  Julia.  (Ulp.  Fragf. 
ziii.)  This  lex  prohibited  senators,  and  toe  chil- 
dren of  senators,  from  contracting  marriage  with 
Libertini  and  Libertinae,  and  also  with  other  dis- 
reputable persons  enumerated  in  the  lex :  it  also 
forbade  all  freemen  fix>m  marrying  with  certain 
disreputable  women.  The  Jurists  made  the  fol- 
lowing change: — they  made  the  two  classes  of 
disreputable  persons  the  same,  which  were  not 
the  same  before,  and  they  extended  the  prohibition, 
both  for  senators  and  others,  to  all  those,  whom  the 
Edict  enumerated  as  Infames.  The  provisions  of 
the  Lex  Julia  did  not  render  the  marriage  null,  but 
it  deprived  the  parties  to  such  marriage  of  the  privi- 
leges conferred  by  the  lex  ;  that  is,  such  a  marriage 
did  not  release  them  frx>m  the  penalties  of  celibacy. 
A  senatus-consultum,  under  M.  Aurelius,  however, 
made  such  marriage  null  in  certain  cases.  (Savigny, 
System,  &c,  vol  ii.)  [G.  L.J 

INFA'MIS.     [Infamia.] 

INFANS,  INFA'NTIA.  In  the  Roman  law 
there  were  several  distinctions  of  age  which  were 
made  with  reference  to  the  capacity  for  doing  legal 
acts :  —  1.  The  first  period  was  from  birth  to  the 
end  of  the  seventh  year,  during  which  time  per- 
sons were  called  Infiintes,  or  Qui  &ri  non  possunL 
2.  The  second  period  was  from  the  end  of  seven 
years  to  the  end  of  fourteen  or  twelve  years,  ac- 
cording as  the  penon  was  a  male  or  a  female, 
during  which  penons  were  defined  as  those  Qui 
fori  possunt  The  persons  included  in  these  first 
two  classes  were  Impuberes.  8.  The  third  period 
was  finm  the  end  of  the  twelfth  or  fourteenth  to 
the  end  of  the  twenty-fifth  year,  during  which 
period  persons  were  Adolescentes,  Adulti.  The 
persons  included  in  these  three  classes  were 
minores  xxr  annis  or  annorum,  and  were  often,  for 


INFANS,  INFANTIA. 
brevityli  sake,  called  minores  only  [ComAToiiJ  ; 
and  the  persons  included  in  the  third  and  fmnh 
class  were  Puberes.  4.  The  fourth  period  was  hvm 
the  age  of  twenty-five,  during  which  peisoos  v^ere 
Majores. 

The  term  Impubes  comprehends  Tnfons*  as  aS 
Infiiotes  an  Impuberes ;  but  all  Impaberes  are  not 
Infontes.  Thus  the  Impuberes  were  divided  into 
two  dssses ;  In&ntes  or  those  under  seven  yean  of 
age,  and  those  above  seven,  who  are  generally  mv 
derstood  by  the  term  Impuberes.  Pnpilliis  is  a 
general  name  for  all  Impuberes  not  in  the  power  c€ 
a  fother.    (Dig.  50.  tit  16.  s.  239.) 

The  commencement  of  Pnbertas  vas  the  com- 
mencement of  foil  capacity  to  do  legal  acts.     Be- 
fore the  commencement  of  Pubema,  a   pen^n. 
according  to  the  old  civil  law,  coold  do  do  lecai 
act  without  the  auctoritas  of  a  tutor.     This  mle 
was  made  for  those  Impuberes  who  had  psvpertj 
of  their  own  ;  for  it  could  have  no  applicatioo  ti 
Impuberes  who  were  in  the  power  of  a  fother. 
Now  the  age  of  pnbertas  was  fixed  as  abore  men- 
tioned, on  the  supposition  that  persons  wete  xkn 
competent  to  understand  the  nature  of  their  acts, 
and  the  age  of  twelve  or  fourteen  was  only  fix«d 
because  it  was  necessary  to  fix  some  limit  wbkh 
might  apply  to  all  cases ;  but  it  was  obvious  that  is 
many  cases  when  a  person  bordered  o«i  the  age  cf 
Puberty  (pubertati  proximus),  and  had  not  ret 
attained  it,  he  might  have  snffident  understanding 
to  do  many  legal  acts.     Accordingly,  a  penon  who 
was  proximus  pubertati  was  in  course  of  time  con- 
sidered competent  to  do  certain  legal  acts  wither 
the  auctoritas  of  a  tutor ;  but  to  secure  him  agaiast 
fraud  or  mistake,  he  could  cmly  do  snch  acts  as 
were  for  his  own  advantage.    This  relaxatinn  <f 
the  old  law  was  beneficial  both  to  the  Impob^ 
and  to  others,  but  owing  to  its  being  confined  to 
such  natrow  limits  of  time,  it  was  of  little  practva! 
use,  and  accordingly  it  was  extended  as  a  positiTe 
rule  to  a  longer  period  below  the  age  of  pnbertj ; 
but  still  with  the  same  limitation :  the  Impabes 
could  do  no  act  to  his  prejudice  withoot  tbf 
auctoritas  of  a  tutor.     It  was,  however,  npcesssir 
to  fix  a  limit  here  also,  and  according^  it  vss 
determined  that  such  limited  capacity  to  do  ]efs\ 
acts  should  commence  with  the  termination  of 
infiintia,  which,  legally  defined,  is  that  period  after 
which  a  person,  either  alone  or  with  a  tutor,  ia 
capable  of  domg  legal  acts. 

Infons  properly  means  Qui  fori  non  potest ;  and 
he  of  whom  could  be  predicated.  Fan  potest, 
was  not  Infons,  and  was  capable  of  doing  oeita  o 
legal  acts.  The  phrase  Qui  fiui  potest  is  itself 
ambiguous  ;  but  the  Romans,  in  a  legal  sense,  did 
not  limit  it  to  the  mere  capacity  of  uttering  wcfda, 
which  a  child  of  two  or  three  yean  gencnllv  pos- 
sesses, but  they  undentood  by  it  a  certain  degn« 
of  intellectual  developement ;  and,  aeoudinglj,  the 
expression  Qui  fori  potest  expressed  not  ocJ j  that 
degree  of  intellectual  development  which  is  shown 
by  the  use  of  intelligible  speech,  but  also  a 
capacity  for  legal  acts  in  which  speech  vat  in- 
quired. Thus  tlie  period  of  infimtia  was  extended 
beyond  that  which  the  strict  etymologies!  meaninjr 
of  the  word  signifies,  and  its  termination  vas  fixed 
by  a  positive  rule  at  the  end  of  the  seventh  yw, 
as  appean  by  numerous  passages.  (Dig.  26.  tit  7. 
s.  1  ;  23.  tit  1.  s.  14 ;  Cod.  6.  tit  SO.  s.  18; 
Quintilian,  InsL  Or.Ll;  Isidoms,  Oiy.  xL  S.) 

The  expressions  proximus  pubertal],  and  pnxi- 


INFULA. 

» or  inlaxiti  (Gaiui^  iii.  109),  &n  oied 
\fT  tile  BoDBU  jurists  to  signify  respectively  one 
^  n  seur  attainiog  Pubotas,  and  one  who  has 
^  psaed  the  limit  of  Infantia.  (Savigny,  S^Omn 
dakat,JLILyoLmJ)  [  Impubbs.  ]  [O.  L.] 
IXFE'RI AE.  [FuKvs,  p.  562,  b. ] 
rNFULA,aflock  of  white  and  red  wool,  which 
vai  dightly-  twisted,  drawn  into  the  fionn  of  a 
vnsth  or  fiUet,  and  naed  by  the  Romans  for  oma- 
BKTit  oD  festiTe  and  solenm  occasions.  In  sacri* 
icinsr  it  was  tied  with  a  white  band  [Vitta]  to 
th^  iiead  of  the  -victim  (Viig.  Gmiy.  iiL  487  ; 
Lacret  I  88 ;  Soeton.  Ob%.  27),  and  also  of  the 
priest,  mora  especially  in  the  wcnhip  of  Apollo 
xod  Dims.  {Virg.  Aem,  iu  430,  z.  538 ;  Senrius, 
it  he ;  laid.  Or^.  xiy.  30 ;  Festos, «.  o.  In/idofg.) 
The  <"  toits  infnla  **  waa  worn  also  by  the  Vestal 
Yojpm.  (Prod.  &  S^  iL  1085,  1094.)  lU  use 
leeDi  aaiegoas  to  that  of  the  lock  of  wool  worn 
br  the  ^aidnes  and  salii  [Apxx].  At  Roman 
oamagcs  the  faride,  who  earned  wool  upon  a  dis- 
taf  in  tke  procession  [Fusns],  fixed  it  as  an  infiila 
tm  ike  door-case  of  her  fntnre  husband  on  enter- 
ing Um  house.  (Lncan,  ii  355 ;  Plin.  H.  M  zziz. 
'2;  Sorios,  t«  Vuy.  Am,  iv.  458.)         [J.  Y.j 

LNGE'NUI,  INGENU'ITAa  Freemen  <tf- 
^1  VCR  either  ingenui  or  libeitini.  Ingenui  are 
Unse  free  men  who  are  bam  free.  (Gains,  i.  1 1.) 
Libotifli  ars  those  who  are  mannmitted  from  legal 
slarcTT.  Thoog^  freedmen  {Uberimi)  were  not 
isfeosi,  the  sons  of  libertini  were  ingenui  A 
libertJDDi  could  not  by  adoption  become  ingennns. 
(GelL  T.  19.)  If  a  female  slave  (aneOla)  was 
pRgoaot,  and  was  mannmitted  before  she  gare 
Wth  to  a  child,  such  child  was  bom  free,  and 
tlKfvfoie  was  ingemms.  In  other  cases,  also,  the 
kv  &?oared  the  daim  of  free  birth,  and  conse- 
^Ttently  of  ingennitas.  (Panlos,  Sati,  ReoepL  iii. 
24,ind T.  1.  Jh  Uberali  eenuo.)  If  a  man'k  in- 
ptOBOu  was  a  matter  in  dispute,  there  was  a 
jndiciom  bgemiitatis^  (Tacit  Ann.  jdiL  27  ; 
PaBhM,&AT.  1.) 

The  woKds  mgenuns  and  libertinas  are  often 
>(^°*^  to  one  another  ;  and  the  title  of  freeman 
{yi)tr\  which  would  comprehend  libertinus,  is 
Koetimes  limited  by  the  addition  of  ingenuus 
Giber  H  iogenuns,  Hor.  Ar,  P.  383).  According 
to  CiDciai,  in  his  work  on  Comitia,  quoted  by 
f  otos  (&  n.  Po^rwsos),  those  who,  in  his  time, 
vere  called  ingenui,  were  originally  called  patricii, 
vhich  it  intopreted  by  Goettling  to  mean  that 
^filet  were  originally  called  Ingenui  also :  a 
nuifest  nisimderBtanding  of  the  passage.  If  this 
Pf»>ge  has  any  certain  meaning,  it  is  this :  ori- 
giaalij  the  name  ingenuus  did  not  exist,  but  the 
^  fstridos  was  sufficient  to  express  a  Roman 
«»«a  by  Wrth.  This  remark  then  refers  to  a 
^  vhen  there  were  no  Roman  citizens  except 
p&tncii ;  aad  the  definition  of  ingenuus,  if  it  had 
uoi  bea  in  use,  would  have  been  a  sufficient  de- 
™iti«J  of  s  patricios.  But  the  word  ingenuus  was 
mnodond,  m  the  sense  here  stated,  at  a  hiter  time, 
^  vben  it  waa  wanted  for  the  purpose  of  indicat- 
ing a  citizen  hy  birth,  merely  as  such.  Thus,  in 
ue  i^h  of  Appins  Claudius  Crassus  (Liv.  vi. 
^\  be  contattts  with  persons  of  patrician  descent, 
unu  (^niritimn  qnilibet,  duobus  ingenuis  or- 
^**  Further,  the  definition  of  Gentilis  by 
SofTob  [Gins,  pu  667J,  shows  that  a  man  might 
be  fflgewrai  and  yet  not  gentilis,  for  he  might  be 
utemi  of  a  fieedman ;  and  this  it  consistent  with 


INJURIA. 


637 


Liyy  (z.  8).  If  Cincius  meant  his  propositbn  to 
be  as  comprehensiye  as  the  terms  will  allow  us  to 
take  it,  the  proposition  is  this : — All  (now)  ingenui 
comprehend  all  (then)  patricii  ;  which  is  untrue. 

Under  the  empire,  Ingennitas,  or  the  Jura  In- 
genuitatis,  might  be  acquired  by  the  imperial 
fovoor ;  that  is,  a  person,  not  ingenuus  by  birth, 
was  made  so  by  the  sovereign  power.  A  freedman 
who  had  obtained  the  Jus  Annulorum  Aureomm, 
was  considered  ingenuus ;  but  this  did  not  inter- 
fere with  the  patrraal  rights.  (Dig.  40.  tit.  10.  s. 
5  and  6.)  By  the  natalibus  restitutio  the  princeps 
gftTO  to  a  libertinus  the  character  of  ingenuus  ;  a 
rarm  of  proceeding  which  iuTolred  the  theory  of 
the  original  freedom  of  all  mankind,  for  the  liber- 
tinus was  restored,  not  to  the  state  in  which  he 
had  been  bom,  but  to  his  supposed  original  state  of 
freedcto.  In  this  case  the  patron  lost  his  patronal 
rights  by  a  necessary  consequence,  if  the  fiction 
w»e  to  liaTe  ita  full  effect.  (Dig.  40.  tit  11.)  It 
seems  that  questions  as  to  a  man'fe  ingenuitas  were 
common  at  Rome  ;  which  is  not  surprising,  when 
we  consider  that  patrenal  rights  were  inTolred  in 
them.  [G.  L.] 

INGRATUS.    [Patronub.] 

INJU'RIA.  Injuria,  in  the  general  sense,  is 
opposed  to  Jus.  In  a  special  sense  injuria  was 
done  by  striking  or  beating  a  man  either  with  the 
hand  or  with  any  thing  ;  by  abusive  words  {eon- 
viewan)  ;  by  the  proscriptio  bonorum,  when  the 
claimant  knew  that  the  alleged  debtor  was  not 
really  indebted  to  him,  for  the  bonorum  proscriptio 
was  accompanied  with  infiunia  to  the  debtor  (Cie, 
pro  QnaL  6,  15,  16)  ;  by  libellous  writings  or 
▼erses ;  by  soliciting  a  mater  fiunilias  or  a  prae- 
textatus  [Impubss]  ;  and  by  various  other  acts. 
A  man  might  sustain  injuria  either  in  his  own 
person,  or  in  the  person  of  those  who  were  in  his 
power  or  in  manu.  No  injuria  could  be  done  to  a 
slave,  but  certain  acts  done  to  a  shive  were  an  in- 
juria to  his  master,  when  the  acts  were  such  as 
iqjpeared  from  their  nature  to  be  insulting  to  the 
master ;  as,  for  instance,  if  a  man  shoidd  flog 
another  man^s  slave,  the  master  had  a  remedy 
against  the  wrong-doer,  which  was  given  him  by 
the  praetorls  formula.  But  in  many  other  cases  of 
a  slave  beinff  maltreated,  there  was  no  regular 
formula  by  which  the  master  could  have  a  remedy, 
and  it  was  not  easy  to  obtain  one  from  the  praetor. 

The  Twelve  Tables  had  various  provisions  on 
the  subject  of  Injuria.  Libellous  songs  or  verses 
were  followed  by  capital  punishment,  that  is, 
death,  as  it  appears  (Cic  Rep,  iv.  10,  and  the 
notes  in  Mai*8  edition).  In  the  case  of  a  limb 
being  mutilated  the  punishment  was  Talio  (Festus, 
8,  V.  Taiio).  In  the  case  of  a  broken  bone,  the 
penalty  was  300  asses  if  the  injury  was  done  to  a 
freeman,  and  150  if  it  was  done  to  a  slave.  In 
other  cases  the  Tables  fixed  the  penalty  at  25  asses. 
(Gellius,  xvi.  10,  XX.  1 ;  Dirksen,  Uebenieki,  Ac.) 

These  penalties  which  were  considered  sufficient 
at  the  time  when  they  were  fixed,  were  afterwards 
considered  to  be  insufficient ;  and  the  injured  per- 
son was  allowed  by  the  praetor  to  claim  such 
damages  as  he  thought  that  he  was  entitled  to,  and 
the  judex  might  give  the  fiill  amount  or  less.  But 
in  the  case  of  a  very  serious  injury  (airon  if^uria\ 
when  the  praetor  required  security  for  the  defend- 
ant*s  appearance  to  be  given  in  a  particular  sum^ 
it  was  usual  to  claim  such  sum  as  the  damages  in 
the  plaintiff  *»  declaration,  and  though  the  judeic 


ess 


INSIONEL 


I  not  bound  to  giro  daawgw  to  that  amoont,  lie 
I  gare  Um.  An  injaiia  liad  the  ehancter 
of  atroz^  either  finom  the  act  itwl^  or  the  piaoe 
where  it  was  done,  ae  for  initance^  a  theatre  or 
fonun,  or  finom  the  oondition  of  the  penon  injured, 
aa  if  he  wen  a  nuigiitrataa»  or  if  ho  were  a  senator 
and  the  wiang*door  were  a  pemn  of  low  condition. 

A  Lex  Conielia  ipeeiaUy  provided  for  eaaet  of 
vmlflatio,  Terbeiatio»  and  forcible  entry  into  a  man^ 
hooM  (cfomaw).  The  jnziata  who  eoaunented  on 
thia  lex  defined  the  legal  meaniny  of  palaatio,  Ter> 
beratio,  and  donma.    (Dig.  47.  tit  10.  s.  5.) 

The  actions  for  Injuria  were  gndnally  mnch  ex- 
tended, and  the  praetor  wool^  according  to  ihB 
drenmstances  of  the  case  (eatua  eogmia)^  giro  a 
penon  aa  action  in  respect  of  any  act  or  conduct 
of  another,  which  tended,  m  the  judgment  of  the 
praetor,  to  do  him  injury  in  repatation  or  to  wound 
his  foelingt.  (Dig.  47.  tit  10.  s.  15,  22,  23,  24, 
&c)  Mimy  cases  of  Injuria  were  snbjeet  to  a 
special  punishment  (Dig.  47.  tit  11)  as  deportatio; 
and  this  pcooeeding  extra  ordinem  was  often 
adopted  instead  of  the  ciTil  action.  Various  inqwrial 
constitutions  afllxed  the  punishment  of  death  to 
libellous  writings  (Jhmon  UbelH).    [Loulll] 

Infiunia  was  a  consequence  of  condemnation  in 
an  actio  Injnriarum  [Infamia].  Ho  who  hraught 
such  an  action  per  calumniam  was  liable  to  be 
punished  extn  oidinem.  (Gaius,  ilL  220 — 225  ; 
Hor.  Sat.  i  1.  80  ;  Dig.  47.  tit  10  ;  Cod.  Theod. 
ix.  tit  34  ;  Cod.  ix.  tit  36  ;  Paulus,  SmL  Mbo^k 
T.  tit  4  ;  Rein,  Dm  Crimmairtekt  der  Rlimery 
p.  85,  Ac.)  [G.  L.] 

JNJURIA'RUM  ACTIO.    [Injuria.] 

INOA  (*ImM),  festivals  celebrated  in  soreral 
parts  of  Greece^  in  honour  of  the  ancient  heroine 
Ino.  At  Megara  she  was  honooied  with  an  annual 
sacrifice^  becuise  the  Megarians  believed  that  her 
body  had  been  cast  by  the  waves  upon  their  coast, 
and  that  it  had  been  found  and  buried  there  by 
Ckso  and  Tauropolis.  (Pans.  L  42.  §  &)  Another 
festival  of  Ino  was  celebrated  at  Epidanius  Limen, 
in  Tiaconifc  In  the  neighbourhood  of  this  town 
there  was  a  small  but  very  deep  lake,  called  the 
water  of  Ino,  and  at  the  festival  of  the  heroine  the 
people  threw  barley-cakes  into  the  water.  When 
the  cakes  sank  it  was  considered  a  propitioua  sign, 
but  when  they  swam  on  the  snifeoe  it  was  an  evil 
■ip.  (Pans,  iii  23.  §  5.)  An  annual  festival, 
with  contests  and  sacrifices,  in  honour  of  Ino,  was 
also  held  on  the  Corinthian  Isthmus,  and  was  said 
to  have  been  instituted  by  king  Sisyphus.  (Tsetses, 
ad  l^eophr.)  [L.  a] 

INOFFICICSUM         TESTAMB'NTUM. 

[TSSTAMKNTUM.] 

INQUILI'NUS.  [ExsiLiUM,  p.  518,  b.] 
INSA'NIA,  INSA'NUS.  [Curator,] 
INSIONE  (oii/Miov,  hrUniiJMk,  Meiifioy^  mpd- 
aiittovX  a  badge,  an  ensign,  a  mark  of  distinction. 
Thus  the  Bulla  worn  by  a  Roman  boy  was  one 
of  the  insignia  of  his  rank.  (Cic  Ferr.  ii  58.) 
Five  classes  of  insignia  more  especially  deserve 


I.  Those  belonging  to  oifieen  of  state  or  civil 
fimctionaries  of  all  descriptions,  such  as  the  Faacxs 
carried  before  the  Consul  at  Rome,  the  laticlave 
and  shoes  worn  by  senators  [Calcbus  ;  Clavus], 
the  carpentom  and  the  sword  bestowed  by  the 
emperor  upon  the  pnefect  of  the  pnetorinm. 
(Lydus,  de  Maa.  iL  8.  9.)  The  Roman  EauxTBS 
were  dirtinguiaued  by  the  **  eqnus  publicos,**  the 


INSIGNBL 

golden  ling,  the  angmstas  ciavas  [pi  294],  as 
seat  provided  for  them  in  the  theatre  and  the  4 
(C.G.Schwarts,Z>iis:iftfa36M,pfL84— 101.)  Th< 
insignia  of  the  kings  of  Rome,  via.  the  tnbea,  tiu 
toga-praetexta,  the  «xown  of  gold,  the  ivory  aorptre. 
the  sella  caralis,and  the  twelve  lictoa  whk  feaoes. 
all  of  which  except  the  crown  and  ae^lxe  wen 
transfeired  to  subsequent  dfnominafMns  oC  inaga* 
stEBtes,  were  copied  from  the  usages  of  tiw  Etnis- 
eans  and  other  nationa  of  eadj  antiqntj.  (Ffar. 
i.5;  SaUust,Aait51;  Viig. .d«k  viL  188, 61^ 
xi.  334 ;  Lydus,  is  Mag.  I  7,  8,  37.) 

II.  Badges  worn  by  sddienu  Tlie  oentaiiu 
in  the  Roman  army  were  known  by  the  creati  ef 
their  helmets  [Galxa],  and  the  ooamon  men  by 
their  shields,  each  cohort  having  them  painted  in  a 
manner  pecdiar  to  itseH  (Veget  ii.  18  ;  conqare 
CaesL  BelL  GolL  vil  45.)  [CuraDR.]  Ansg 
the  Greeks  the  devices  seolptand  er  ]  ~ 
shields  (see  woodcut,  n.  288X  both 
of  ornament  and  as  imdges  of 
pfoyed  the  feney  of  poets  and  of  i 
descriptioa  feom  the  eaiiisst 


seven  heroes  who  fought  anainst  Theibe%  aD  ex- 
mir  shi^  ' 


cept  Amphianms,  had  on  tiieir  sbielda  expRsHTs 
fi|pues  and  mottoea,  diflEeRnUy  described,  however, 
l^  difiersnt  anthosi.  (AeschyL  S^  a.  Thek  383 
--646:  B«i^  PAoML  1125—1156;  ApoUodor. 
BOL  iii.  6.  §  1.)  Aldbiades,  i«TCenUy  to  kis 
genenl  charaetar,  wore  a  shield  rich^  deooiated 
with  ivory  and  gold,  and  exhibiting  n  representa- 
tion of  Cupid  brsndishing  a  timnderbolt  ( AthoL 
xiip.534,  Ob)  The  first  use  of  these  casblcmsn 
shirids  is  attributed  to  the  Carians  (Hecnd.  L  171) ; 
and  the  fictitious  employment  of  them  to  dcoeiTe 
and  mislead  an  enemy  was  among  the  strsisgeBi 
of  war.  (Paus.  iv.28.  §3 ;  Virg.  ^fla.ii  389^392L) 

III.  Family  bndgea.  Among  the  indignitin 
practised  by  the  Emperer  Caligula,  it  is  xdated 
that  he  abolished  the  ancient  insignia  of  the 
noblest  families,  vis.  the  torques^  the  cJnrinni,  aa4 
the  cognomen  **  Magnu&^    (Sueton.  Oafig.  35.) 

IV.  Signs  placed  on  the  front  of  buii^ngt.  A 
figure  of  Mereuiy  was  the  conunen  sign  of  a 
GrMNABiUM  ;  bnt  Cicero  had  a  statue  of  Minma 
to  fulfil  the  same  purpose.  {Ad  AIL  L  4.)  Cities 
had  their  emblems  as  well  as  separate  edifice*; 
and  the  officer  of  a  city  sometimes  affixed  t^ 
emblem  to  public  documents  as  we  do  the  seal  ofa 
municipal  corporation.    (Anttgonns  Caiyat  15.) 

y.  The  figure-heads  of  ships.  The  insigne  of  a 
ship  was  an  image  pUiced  on  tiie  prow,  and  giriag 
its  name  to  the  vessel  (Tacit  ^ne.  vi  34 ;  CaeiL 
B.  dv,  iL  6.)  Paul  sailed  firnm  Melite  to  Paieoti 
in  the  Dioecnri,  a  vessel  which  tmded  betireeB 
that  city-  and  Alexsndria.  (^ete,  xxviiL  U.) 
Enschedtf  has  drawn  out  a  list  of  one  hondnd 
names  of  ships,  which  occur  either  in  dssiksl 
anthon  or  in  ancient  inscriptionsL  {Dm,  de  TvL 
ei  InngmSbm  Namvm^  reprinted  in  Rohsken, 
Opuae.  pp.  257—305.)  The  names  were  tboae  of 
gods  and  heroes,  together  with  their  attribufiei, 
such  as  the  hebnet  of  Minerva,  painted  on  the 
prow  of  the  ship  whidi  conveyed  Ovid  to  Poatns 
(o  jMoto  ea$$ide  uomm  habtt,  TritL  L  9. 2) ;  of 
virtues  and  affections,  as  Ht^pe,  Concofd,  Victoiy; 
of  countries,  cities,  and  riven,  as  the  Po,  the  Mn* 
dus  (Viig.  Jan.  x.  206),  the  Delia,  the  9jxai»ae» 
the  Alexandria  (Athea.  v.  43)  t  and  of  mesi 
women,  and  anintals,  as  the  boa^  head,  which 
distingoitbed  the  voiiek  of  Samoa  (Heiod.  iii  59; 


INSrriTORIA  ACTIO. 

Cboifaiii  pL  155,  ed.  Naeke  ;  Heiydi.  «.  9,  !•- 
^n^  r^^:  Emt  m  Ham,  OdL  xiil.  p.  525), 
Ae  iwan,  tke  tiger  (¥119.  -^m-  z-  166),  the 
Ul  («pr<ytV  mptw,  SchoL  m  JjMtf.  AkoJ. 
S.168).  Phitareh  mentioin  a  LycSm  Teisel  with 
Ae  ^  «f  the  Hod  od  its  prow,  and  that  of 
the  Kipeat  oa  iti  poop,  numifeet^  intended  to 
pipiw  the  ionn  of  the  ehimaen;  (IM  Mul. 
rut  p.  441,  ed.  StepL)  After  n  engagement  at 
M,  the  inngne  of  a  eooqnered  Ttmd,  as  well  as 
ki  xfbatat,  vas  often  taken  from  it  and  sospended 
is  aome  temple  as  an  offeiiug  to  the  god.  (Pint. 
7iMz^p.2l7.)  Fignre-heads  were  probably  used 
froB  the  fiist  origin  of  navigation.  On  the  war- 
filleyi  of  the  Pboeniciaas^  who  eaDed  them,  as 
flendotns  myi  (iii.  S7),  wdraucoty  t.  e.  **  earred 
isagfa,"  thej  had  iometinies  a  ytarj  grotesque 


INSTITUTIONEa 


689 


Bendei  the  badge  which  distinguished  each 
indiTidiBl  ihip^  snd  which  was  either  an  engraved 
and  painted  wooden  image  Ibnning  part  of  the 
|mr,  or  a  figure  often  accompanied  by  a  name 
aid  painted  oa  both  the  bows  of  the  vessel,  other 
foai^  which  eooM  be  devated  or  lowoed  at 
jkanre,  wen  requisite  in  naTsi  engi^[ements» 
That  woe  probably  flags  or  standards,  fixed  to 
tJie  aphiitie  or  to  tlw  top  of  the  mast,  and  serving 
to  naik  aH  these  vessels  which  belonged  to  the 
■ne  fleet  or  to  the  same  nation.  Such  were  **  the 
Attic*'  snd  *  the  Persic  signals**  (rh  ^Arruehw  ffii- 
pciw,  Potyaen.  iii.  11.  §  11,  viii.  53.  §  1  ;  Becker, 
Qur^kty  vol  il  PL  6S).  A  puiple  sail  indicated 
tk  idmial^  ship  among  the  Komans,  and  flags  of 
dSERatcobui  were  used  in  the  fleet  of  Alexander 
tie  Great    (Plin.  H.  JV:  xix.  5.)  [J.  Y.] 

I'NSTITA  (vt^orddiov),  a  flounce  ;  a  fillet 
Tke  Ronan  matrons  sometimes  wore  a  broad  fillet 
vitk  ample  fiild^  sewed  to  the  bottom  of  the  tunic 
aid  lesdiiag  to  the  instep.  The  use  of  it  mdi- 
ated  a  anerior  regard  to  decency  and  propriety  of 
BaoaeB.  (fior.  Sot  i.  2.  29;  Ovid,  An  Amat  I 
31)  It  anist  have  resembled  a  modem  flounce. 
Bj  the  addition  of  gold  and  jeweDefy  it  took  the 
fan  of  the  more  splendid  and  expensive  Ctcla& 
When  this  term  denoted  a  fillet,  which  was 
ued  bj  itael^  as  in  the  decoration  of  a  Thtrsus 
(Stat  7V6i  viL  664),  it  was  equivalent  to  Vitta 
«Pa8cu.    [Tomka.]  [J.Y.] 

FNSTTrOR.  [iNSTiTOWA  Actio.] 
IK9rmyRIA  actio.  This  actio  was  al- 
loved  a^unst  a  man  who  had  appointed  either 
ha  m  or  s  slave,  and  either  his  own  or  another 
ns&'k  dave^  or  a  free  person,  to  manage  a  tabema 
ffnj  other  bosbess  far  him.  The  oontraets  with 
ncfa  manager,  m  respect  of  the  tabetna  or  other 
^"Stta,  ircK  considered  to  be  eontnwto  with  the 
I*°»FsL  The  fermula  was  called  Institoria,  be- 
a°w  he  who  was  appointed  to  manage  a  tabema 
^  caDed  «a  Iimtitor.  And  the  institor,  it  is  said, 
^  » called,  ••  qood  negotio  gerendo  insteC  sive 
B»»M.**  If  seven!  perMns  appointed  an  institor, 
ny  «e  of  them  might  be  sued  for  the  whole 
"■"ant  ibr  which  the  persons  were  liable  on  the 
cntnct  of  their  hutitor ;  and  if  one  paid  the  de- 
^hc hsd his  redress  over  against  the  othen 
'  dividundo.    A 


^■Mdelatisjadidnm 

^^ti  hosmess  was  done  through  the  medium 
nmstitaM,  snd  the  Romans  thus  carried  on  various 
^"^"^  ooeupatioos  in  the  name  of  their  slaves, 
vhRfa  thejeooid  not  or  would  not  have  carried  on 
lutitores  are  coupled  with  Nautao  by 


Honee  (^.  xvil  20),  and  witii  the  Magister  Navis 
(Oarm.  iii  6.  SO).  (Oaioa,  It.  71 ;  Instil  iy. 
tit  7;  Dig.  14.  tit  8.)  [O.L.] 

INSTITUTIO'NES.  It  was  die  object  of 
Justinian  to  comprise  in  his  Code  and  Digest  or 
Pandect,  a  complete  body  of  law.  But  these  worics 
were  not  adapted  to  elementary  instruction,  and 
the  writings  <^  the  ancient  jurists  were  no  longer 
allowed  to  have  any  authority,  except  so  fiur  as 
they  had  been  inoorporated  in  the  Digest  It  was, 
therefore,  necessaiy  to  prepare  an  elementary  trea 
tiae,  for  which  purpose  Justinian  appofaited  a  com- 
mission, consisting  of  Tribonianus,  Tlieophilns,  and 
Dorotheusw  The  eonunission  was  instracted  to  com- 
pose an  institutional  work  which  should  contain  the 
elements  of  the  law  (Uj/fum  etmcAtUa),  and  should 
not  be  encumbered  with  useless  matter  (J^rooem. 
Imt,),  Accordingly,  the^  produced  a  treatise, 
imder  the  titie  of  Institutiones,  or  Elementa  (De 
Juris  doendi  Rafiom\  which  was  based  on  farmer 
elementary  works  of  the  same  name  and  of  a  simi- 
lar character,  but  chiefly  on  the  Commentarii  of 
Caius  or  Oaius,  his  Res  Quotidianae,  and  various 
other  Commentarii  The  Institutiones  were  pub- 
lished with  tiie  imperial  sanction,  at  the  close  of 
the  year  a.  d.  53S,  at  the  same  time  as  the  Diffest. 

The  Institutiones  consist  of  fimr  books,  which  are 
divided  into  tities.  They  treat  only  of  Privatum 
Jus  ;  but  there  is  a  title  on  Judicia  Publica  at  the 
end  of  the  fourth  book.  The  judicia  publiea  are  not 
treated  of  by  Gaius  in  his  Commentaries.  Hein- 
eeeius,  in  his  Antiquitatum  Romanannn  Jurispra- 
dentiam  iUustiantium  Syntagma,  has  followed  the 
order  of  the  Institutionea  Theophilus,  genorally 
considered  to  be  one  of  the  oompilors  of  the  Institu- 
tiones, wrote  a  Greek  paraphrase  upon  them,  which 
is  still  extant,  and  is  occasionally  usefhL  The  best 
edition  of  the  paraphrase  of  Theophilus  is  that  of 
W.  O.  Reiti,  Haag,  1751,  2  vols.  4ta  There  are 
numerous  editions  of  the  Latin  text  of  the  Institu- 
tiones. The  editio  prinoeps  is  that  of  Maim,  1 4  68, 
fol. ;  that  of  Klense  and  Boecking,  Beriin,  1829, 
4to,  contahis  both  the  Institutiones  and  the  Com- 
mentarii of  Gains  ;  the  most  recent  edition  is  that 
of  Schrader,  Berlin,  18S2  and  1836. 

There  were  various  institutional  works  written 
by  the  Roman  jurists.  Callistntus,  who  lived 
under  Septimius  Sevemsand  Antoninus  Canuadla, 
wrote  throe  books  of  Institntkmea.  Aelins  Mar- 
donus  wrote  sixteen  books  of  Institutiones  under 
Antoninus  Caracalla.  Florentinus,  who  lived  imder 
Alexander  Severus,  wrote  twelve  bodis  of  Institu- 
tiones, from  which  there  are  forty-two  excerpts  m 
the  Digest  Panlus  also  wrote  two  books  of  Insti- 
tutiones. There  still  remain  fragments  of  the 
Institutiones  of  Ulpian,  which  appear  to  have  con- 
sisted of  two  books.  But  the  first  treatise  of  this 
kind  that  we  know  of  was  the  Inatitutianes  of 
Gaius  in  four  books.  They  were  formeriy  only 
known  firam  a  few  excerpts  in  the  Digest,  fivm  the 
Epitome  contained  in  tne  Breviarium,  from  the 
Cdlatio,  and  a  few  quotatHms  in  the  Commentary 
of  Boethius  on  the  Topica  of  Cicero,  and  in  Priscian. 

The  MS.  of  Gains  was  discovered  in  the  libnuy 
of  the  Chapter  of  Verona,  by  Niebnbr,  in  1816. 
It  was  firrt  copied  by  Goeschen  and  Bethman- 
Hollweg,  and  an  edition  was  published  by  Goe- 
schen in  1820.  The  deciphering  of  the  MS.  was 
a  work  of  great  labour,  as  it  is  a  palimpsest,  the 
writing  on  which  has  been  wash^  out,  and  m 
some  plaoei  ersaed  with  a  knife,  in  order  to  adapt 


64a 


INSTITUTIONES. 


the  parcliment  for  the  purposes  of  the  transcriber. 
The  parchment,  after  being  thus  treated,  was  used 
for  transcribing  upon  it  some  works  of  Jerome, 
chiefly  his  epistles.  The  old  writing  was  so  ob- 
scure that  it  could  only  be  seen  by  applying  to  it 
an  infusion  of  gall-nuts.  A  fresh  examination  of 
the  MS.  was  made  by  Blume,  but  with  little  ad- 
ditional profit,  owing  to  the  condition  of  the  mana> 
script  A  second  edition  of  Gaius  was  published 
by  Ooeschen  in  1824,  with  valuable  notes  '^^  an 
Index  Siglarum  used  in  the  MS.  The  pre&ce  to 
the  first  ^tion  contains  the  comdete  demonstra- 
tion that  the  MS.  of  Verona  is  the  genuine  Com- 
mentarii  of  Gaius,  though  the  MS.  itself  has  no 
tiUe.  An  improved  edition  of  Goeschen^  by  Lach- 
xnann  appeared  in  1842. 

It  appears  from  the  Institutiones  that  Gaius 
wrote  thai  work  under  Antoninus  Pius  and  M. 
Aurelius. 

Many  passages  in  the  Fragments  of  Ulpian  are 
the  same  as  passages  in  Gaius,  which  may  be  ex- 
phuned  by  assuming  that  both  these  writers  copied 
such  parts  from  the  same  original  Though  the 
Institutiones  of  Justinian  were  mainly  based  on 
those  of  Gaius  the  compilers  of  the  Institutiones  of 
Justinian  sometimes  followed  other  works:  thus 
the  passage  in  the  Institutes  (il  tit  17.  §  2,  ^si 
quis  priori  ^*)  is  from  the  fourth  book  of  Maicianus* 
Institutes  (Dig.  36.  tit  1.  s.  29)  ;  and,  in  some  in- 
stances, the  Institutiones  of  Justinian  are  more 
clear  and  explicit  than  those  of  Gaius.  An  in- 
stance of  this  occurs  in  Gaius  (iii.  109)  and  the 
Institutiones  of  Justinian  (iii.  tit  19.  s.  10). 

Gaius  belonged  to  the  school  of  the  Sabiniani 
[JuRi8C0N8ULTi].  The  Jurists  whom  he  cites  in 
the  Institutiones,  are  Cassius,  Fufidius,  Javolenus, 
Julianus,  Labeo,  Maximus,  Q.  Mucins,  Ofilius, 
Proculus,  Sabinus,  Servius,  Servius  Sulpicius,  Scx- 
tus,  Tubero. 

The  arrangement  of  the  Institutes  of  Justinian 
is  the  same  as  that  of  the  work  of  Gaius  ;  what- 
ever difference  there  is  between  them  in  this  re- 
spect, is  solely  owing  to  the  changes  in  the  Roman 
law,  which  had  been  made  between  the  time  of  Gaius 
and  that  of  Justinian.  There  has  been  considerable 
difference  of  opinion  as  to  the  nature  of  the  ar- 
rangement of  Gm\u  ;  and  it  is  obvious  that  most 
persons  have  misunderstood  it  According  to  Gaius : 
^  omne  jus  quo  utimur  vol  ad  personas  pertinet, 
vel  ad  res,  vel  ad  actiones  '*  (i.  8).  It  is  generally 
supposed  that  the  division  (the  first  book)  which 
treats  of  Persons  comprehends  the  status  or  con- 
dition of  persons  as  the  subjects  of  rights  ;  others 
affirm  that  it  treats  of  legal  capacity,  or  of  the 
three  conditions  which  correspond  to  the  threefold 
capitis  deminutio.  But  the  first  book  of  Gaius 
which  treats  of  Persons  contains  both  matter  which 
has  nothing  to  do  with  legal  capacity,  and  it  does 
not  contain  all  that  relates  to  legal  capacity,  for  it 
does  not  treat  of  one  of  three  chief  divisions  which 
relate  to  legal  capacity,  that  of  Gives,  Latini,  Pere- 
grinu  It  treats  in  fiust  only  of  Marriage,  Patria 
Potestas,  Manus,  Slavery,  Patronatus  with  respect 
to  the  different  classes  of  freed  men,  Mancipium 
and  Tutela.  Accordingly,  this  part  of  the  work 
treats  only  of  persons  so  &r  as  tiiey  belong  to 
Familia,  in  the  widest  and  Roman  acceptation  of 
that  term.  The  part  which  treats  of  res  com- 
prehends the  Law  of  ownership,  &c.  and  Law  of 
Obligationes,  which  two  divisions  occupy  the  se- 
cond and  third  books.    The  fourth  book  treats  of 


INTERCESSIO. 
Actiones,  which  is  the  third  of  the  tlirce  divisiciK 
of  Gaius.  The  division  of  Gaius  is  fiuilty  in  several 
respects  ;  but  this  does  not  detract  from  the  merit 
of  the  work,  which  is  perspicuous  and  abound  i  in 
valuable  matter.  This  view  of  the  iwtare  of  the 
division  of  Gains  is  from  Savigny.  (Syriem^  Ac, 
voL  i.  p.  393,  &c)  [G.  L.] 

INSTITUTO'RIA  ACTTIO.    [iNTMcmssia] 

I'NSULA.     [DoMUS,  p.  430,  a.J 

I'NTEGRUM  RESTITUTIO,  IN.  [Re- 
stitutio.] 

INTE'NTIO.    [AcTia] 

INTERCE'SSTO.  It  is  a  case  of  Intefcnsi? 
when  a  man  takes  upon  himself  the  debt  of  anothrr 
by  virtue  of  some  dealing  with  the  creditor.  This 
may  be  in  either  of  the  following  ways :  he  who 
intercedes  may  take  upon  himself  the  debt  of 
another,  and  may  become  debtor  in  place  of  that 
other :  or  the  intercedent  may  become  debtor  while 
the  debtor  still  continues  debtor.  (Yangerov, 
Pandektm^  &c.  vol  iii.  p.  133,  &c.) 

To  the  first  chus  belong  (1)  the  caae  of  a  man 
undertaking  an  already  existing  obligatio,  to  as  to 
exclude  the  existing  debtor ;  (2.)  Ana  the  case  of  a 
man  taking  an  obligatio  on  himself^  which  dves 
not  already  exist  in  the  person  of  another,  bat  which 
without  such  intervention  would  exist 

To  the  second  dass  belong  (1),  the  case  whm 
the  creditor  may  consider  either  the  original  debu>r 
or  the  intercedent  as  his  principal  debtor,  or  vb«n, 
in  other  words,  the  intercedent  is  coixeos  debendl 
(Inst  iiL  tit  16.  De  duobus  reis  stipnlandi  rt 
promittendi) ;  (2)  When  the  creditor  can  consider 
the  intercedent  only  as  liable  to  pay,  when  the 
principal  debtor  does  not  pay,  or  when  in  other 
words,  the  intercedent  is  a  fidejussor.  (Inst  iiL 
tit  20,  de  Fidejussoribns.) 

The  views  of  Puchta  as  to  the  Interoessio  are 
contained  in  his  InstUutumeKt  vol.  iiL  p.  48,  &c) 

In  the  Institutes  of  Gains,  a  distinction  is  made 
between  sponsores  and  fidepromissorcs,  on  one  side; 
and  fidejussores  on  the  other.  With  respect  to  one 
another,  sponsores  were  ccmsponsores.  (Cic  ad  Jtt. 
xiL  1 7.)  In  the  Institutes  of  Justinian,  the  dis- 
tinction between  sponsores  and  fidejussores  docs  not 
exist 

Sponsores  and  fidcpromiseores  oould  only  becciDe 
parties  to  an  obligatio  verborum,  though  in  some 
cases  they  might  be  bound,  when  then:  priodpal 
{qui  pramiaerit)  was  not,  as  in  the  case  of  a  papilloi 
who  promised  without  the  auctoritas  of  his  totor, 
or  of  a  man  who  promised  something  af^  hU 
death.  A  fidejussor  might  become  a  party  to  sll 
obligations,  whether  contracted  re,  verbis,  litteris,  or 
consensu.  In  the  case  of  a  sponsor  the  interrogana 
was.  Idem  dari  spondes  ?  in  the  case  of  a  fideprtn 
missor,  it  was.  Idem  fidepromittis  ?  in  the  case  of 
a  fidejussor,  it  was.  Idem  fide  tua  esse  jubes  ?  The 
object  of  having  a  sponsor,  fidepromissor,  or  fide- 
jussor, was  greater  security  to  the  stipdator.  ()a 
the  other  hand,  the  stipulator  had  an  adstipolatur 
only  when  the  promise  was  to  pay  something  sfu>r 
the  stipulator's  death,  for  if  there  was  no  adstipu- 
later  the  stipulatio  was  inutilis  or  void.  (Chius, 
iii.  100,  117.)  The  adstipulator  was  the  proper 
party  to  sue  after  the  stipuhUor*s  death,  and  he  oould 
be  compelled  by  a  mandati  judicium  to  pay  to  the 
heres  whatever  he  recovered. 

The  heres  of  a  sponsor  and  fidepromissor  «si 
not  bound,  unless  the  fid^womissor  were  a  pei«* 
grinus,  whose  state  had  a  different  law  oa  th« 


INTERCESSIO. 

tatter  ;  tmt  the  heies  of  a  fidejussor  was  boand. 
lir  the  Lex  Faria,  a  sponsor  and  fidepromissor 
Tcre  free  finom  all  liability  after  two  jears,  which 
appears  to  mean  two  jean  after  the  obligation  had 
bectme  a  present  demand  ;  bat  the  Lex  Foria  only 
hfpii^  to  Italy.  All  of  them  who  were  alive  at 
the  time  when  the  money  became  due  could  be 
laed,  bat  eacli  only  for  his  share  {su^mli  mnle$ 
pstia\  Fidejiiaaorps  were  never  released  from  their 
cUieatiaii  by  length  of  time,  and  each  was  liable 
hr  the  whole  anm  (tnffmH  in  tolidttm  obHpcmtur)  ; 
bot  by  a  reacript  (tpistola)  of  Hadrian,  the  creditor 
vas  reqffixred  to  aoe  the  solvent  fidejassores  sepa- 
Ritdy,  each  aocording  to  his  proportion.  If  any 
one  of  them  was  not  solrent,  his  »hare  became  a 
biirden  to  the  rest 

A  Lex  Apnleia,  which  was  passed  before  the 
Lex  Fnria,  gare  one  of  several  sponsores  or  fide- 
promtssoies;,  who  had  paid  more  than  his  share,  an 
action  against  the  rest  for  contribution.  Before 
the  passing  of  this  Lex  Apuleia,  any  one  sponsor  or 
Sdi^promiasor  might  be  sued  for  the  whole  amount ; 
bst  this  lex  waa  obviously  rendered  useless  by  the 
•absequent  Lex  Furia,  at  least  in  Italy,  to  which 
ctrantiy  akme,  as  already  observed,  the  Lex  Furia 
applied,  while  the  Lex  Apuleia  extended  to  pUcef 
odC  of  Italy  ;  yt^  not  to  fidejussores. 

A  fidejnasor,  who  had  been  compelled  to  pay' 
the  whole  amoont,  had  no  redress  if  his  principal 
was  insolvent  ;  though,  as  already  observed,  he 
cocid  by  the  rescript  of  Hadrian  compel  the  credi- 
tor to  limit  his  demand  against  him  to  his  share; 

A  creditor  was  obliged  fonnally  to  declare  his 
acceptance  of  the  sponsores  or  fidepromissores  who 
^rere  offered  to  him,  and  also  to  declare  what  was 
the  object  as  to  which  they  were  security  ;  if  he 
did  not  comply  with  this  legal  requisition,  the 
ifWDsures  and  fidepromissares  might,  within  thirty 
dayi  (it  is  not  said  what  thirty  £iys,  but  probably 
thirty  days  from  the  time  of  the  sureties  being 
o&redX  demand  a  praejudicium  {pra^udidum  pot- 
bdan\  and  if  they  proved  that  the  creditor  had 
not  eontplied  with  Uie  requisitions  of  the  law,  they 
were  released.    (Gains,  iii.  123b) 

A  Lex  Cornelia  limited  the  amount  for  which 
any  penon  could  be  a  security  for  the  same  person 
to  the  same  person  within  the  same  year,  but  with 
suae  exceptions,  one  of  which  was  a  security 
**dotis  nomine.*'  No  pemn  could  be  bound  in  a 
greater  amoont  than  his  principal,  but  he  might  be 
bound  in  less  ;  and  ev^y  surety  could  recover  on 
a  niandati  judicium  from  his  principal  whatever  he 
had  been  compdled  to  pay  on  his  account.  By  a 
Lex  Pnblilia  qionaores  had  a  special  action  in 
dnpium,  which  was  called  an  actio  depensL 

Then  is  a  passage  in  the  Epitome  of  Gains  in 
the  Breviariam  (ii  9.  §  2),  which  is  not  taken 
froB  Gains:  it  is  to  this  efibct : — The  creditor  may 
wot  either  the  debtor  or  his  fidejussor ;  but  after  he 
has  chosen  to  sue  one  of  them,  he  cannot  sue  the 
other. — Cicero  appears  to  allude  to  the  same  doc- 
trine {ad  Aft  xvi.  15)  in  a  passage  which  is  some- 
what obscure,  and  is  variously  explained.  The 
subject  of  the  sponsio  often  occun  in  Cicero^s 
letters  ;  and  in  one  case  he  was  called  upon  in  re- 
spect of  a  sponsio  alleged  to  have  been  given  by 
htm  twenty-five  yean  before  (ad  Att,  xil  17). 
Ciorto  uses  the  expression  **  appellare  **  to  express 
calling  on  a  surety  to  pay  (ad  Att.  i.  8). 

(Oaios»  ill  115—127 ;  Inst  iil  tit.  20  ;  Dig.  44. 
tit. 7;  46.  tit.!.) 


IKTERCESSIO.  €41 

Women  generelly  were  incapacitated  from  doing 
many  acts  on  account  of  the  weakness  of  the  sex. 
It  was  a  general  rule  that  any  person  might  '*  in- 
tercedere,^  who  was  competent  to  contract  and  to 
dispose  of  his  property  ;  but  minores  xxv  and  wo. 
men  had  only  a  limited  capacity  in  respect  of  their 
contracts  and  the  disposition  of  their  estates.  In 
the  eariy  part  of  the  reign  of  Auffustus  and  in  that 
of  Claudius,  it  was  declared  by  the  Edict  that  wo- 
men should  not  **  intereedere  ^  for  their  husbands. 
Subsequently  the  Senatusconsultum  Velleianum 
[Sknatusoonsvltum  VxLLKiANCJr]  absolutely 
prohibited  all  Intercessio  by  women  ;  and  the 
Novella  1 34.  c.  8,  bad  for  its  special  object  to  make 
null  all  Intercessio  of  a  wife  for  her  husband.  A 
woman  who  was  sued  in  respect  of  her  Intercessio, 
or  her  heres,  might  plead  the  Senatusconsultum, 
and  she  might  recover  anything  that  she  had  paid 
in  respect  of  her  Intercessio.  The  Senatusconsultum, 
though  it  made  null  the  intercessio  of  a  woman, 
protected  the  creditor  so  fiir  as  to  restore  to  him  a 
former  right  of  action  against  his  debtor  and  fide- 
jussores: this  action  was  called  Restitutoria  or 
Rescissoria.  In  the  case  of  a  new  contract,  to 
which  the  woman  was  a  party,  the  Intercessio  was 
null  by  the  Senatusconsultum,  and  the  creditor  bad 
the  same  action  against  the  person  for  whom  the 
woman  **  interoessit,"  as  he  would  have  had 
against  the  woman :  this  action,  inasmuch  as  the 
contract  had  no  reference  to  a  former  right,  but  to 
a  right  arising  out  of  the  contract,  was  Institutoria. 
In  certain  cases,  a  woman  was  permitted  to  re- 
nounce the  benefit  of  the  Senatusconsultum  ;  and 
there  was  a  considerable  number  of  exceptions  to 
the  rule  that  a  woman  could  plead  the  senatus- 
consultum. 

(Dig.  16.  tit  1.  ad  S,C,  VelManum  ;  Paulus, 
S,  R.  ii.  tit  1 1  ;  Vangerow,  PandekUn^  &c.  iii. 
p.  149.)  [G.  L.] 

INTERCE'SSIO  was  the  interference  of  a  ina- 
gistratus  to  whom  an  appeal  [Appxllatio]  was 
made.  The  object  of  the  Intercessio  was  to  put  a 
stop  to  proceedings,  on  the  ground  of  informality 
or  other  sufficient  cause.  Any  magistratus  might 
**  intereedere,**  who  was  of  equal  rank  with  or  of 
rank  superior  to  the  magistratus  from  or  against 
whom  the  appellatio  was.  Cases  occur  in  which 
one  of  the  praeton  interposed  (mtercessW)  against 
the  proceedings  of  his  colleague.  (Cic  in  Verr, 
146.) 

The  Intercessio  is  most  frequently  spoken  of  with 
reference  to  the  Tribunes  who  originallv  had  not 
jurisdictio,  but  used  the  Intercessio  for  the  purpose 
of  preventing  wrong  which  was  offered  to  a  person 
in  their  presence  (Gell.  xiii.  12).  The  Intercessio 
of  the  Tribunes  of  the  Plebs,  was  Auxilium  (Li v. 
vi.  38  ;  Cic.  pro  Qmntio,  7, 20)  ;  and  it  might  be 
exeroised  either  in  jure  or  in  judicio.  The  tribune 
qui  interoessit  could  prevent  a  judicium  from  being 
instituted.  That  there  could  be  an  Intercessio 
after  the  Litis  Contcstatio  appears  from  Cicero 
(pra  Tullio,  38).  The  tribunes  could  also  use 
the  Intercessio  to  prevent  execution  of  a  judicial 
sentence.  (Liv.  vi.  27.)  T.  Gracchus  interfered 
(inleroesnt)  against  the  praetor  Terentiua,  who  was 
going  to  order  execution,  in  the  case  of  L.  Scipio 
who  was  condemned  for  peculation  (Liv.  xxxviii. 
60  ;  Gell.  vii.  1 9),  and  he  prevented  Scipio  being 
sent  to  prison,  but  he  did  not  interfere  to  prevent 
execution  being  had  on  his  property.  A  single 
,  tribune  could  effect  this,  and  against  the  opinion  of 

T  T 


642 


INTERDICTUM. 


bit  coUeagQes,  which  was  the  case  in  the  matter  of 
L.  Sdpio.  [Tribunl] 

The  terra  Intcrcessio  and  the  verb  intcrcedo 
also  applied  to  the  tribunitian  oppoeition  to  a  roga- 
tio.  (Liv.  vl  35  ;  Cic.  de  Orai.  it  47.)       [G.  L.] 

INTERCrSI  DIES.    [Dim] 

INTERCOLU'MNIA.     [Tkmpium,] 

INTERDrCTIO  AQUAE  ET  IGNia  [Ex- 
siLiUM,  p.  516,  b.] 

INTERDICTUM.  **  In  certain  caaea  (eeriu 
ex  catuiM)  the  praetor  or  prooooBul,  in  the  ficat  in- 
stance {prine^iter)f  exercisea  his  authority  for 
the  termination  of  disputes.  This  he  chiefly  does 
when  the  dispute  is  about  Possession  or  Quasi- 
pHOssession  ;  and  the  exercise  of  his  authority  con- 
sists in  ordering  something  to  be  done,  or  forbidding 
something  to  be  done.  The  fonnulae  and  the 
tenns,  which  he  uses  on  such  occasions,  are  called 
either  Interdicta  or  Decreta.  They  are  called  De- 
creta  when  he  orders  something  to  be  done,  as 
when  he  orders  something  to  be  produced  (exhiberi) 
or  to  be  restored :  they  are  called  Interdicta  when 
he  forbids  something  to  be  done,  as  when  he  orders 
that  force  shall  not  be  used  against  a  person  who 
is  in  possession  rightfully  (sine  vitio\  or  that  no- 
thing shall  be  done  on  a  piece  of  sacred  ground. 
Accordingly  all  Interdicta  are  either  Restitutoria,  or 
Exhibitoria,  or  Prohibitoria.**  (Gaius,  iv.  1 99, 140.) 

This  passage  contains  the  essential  distinction 
between  an  Actio  and  an  Interdictum,  so  far  as 
the  praetor  or  proconsul  is  concerned.  In  the  case 
of  an  Actio,  the  praetor  pronounces  no  decree,  but 
he  gives  a  Judex,  whose  business  it  is  to  investi- 
gate the  matter  in  dispute,  and  to  pronounce  a 
sentence  consistently  with  the  formula,  which  is 
his  authority  for  acting.  In  the  case  of  an  Actio, 
therefore,  the  praetor  neither  orders  nor  forbids  a 
thing  to  be  done,  but  he  says  Judicium  dabo.  In 
the  cose  of  an  Interdict,  the  praetor  makes  an 
order  that  something  shall  be  done  or  shall  not  be 
done,  and  his  words  are  accordingly  words  of  com- 
mand :  Restituas,  Exhibeos,  Vim  fieri  veto.  This 
immediale  inter|iosition  of  Uie  praetor  is  appropri- 
ately expressed  by  the  word  **  principaliter,^  the 
full  effect  of  which  is  more  easily  seen  by  its  juxta- 
position with  the  other  words  of  the  passage, 
than  by  any  attempt  to  find  an  equivalent  English 
expression. 

Savi^ny  observes  that  it  may  be  objected  to  this 
exposition,  that  in  one  of  the  most  important  In- 
terdicts, that  De  Vi,  the  formula  is.  Judicium  dabo. 
(Dig.  43.  tit.  16.  s.  1.)  But,  as  he  observes,  the 
old  genuine  formula  was,  Restituas  (Cic  pro 
Otecin.  8,  30)  ;  and  the  "  Judicium  dabo  "  must 
have  been  introduced  when  the  formulae  of  the 
two  old  Interdicts  (De  Vi  Armata  and  De  Vi 
Quotidiana)  were  blended  together,  and  at  a  time 
whoa  the  distinctions  between  the  old  fonnulae 
had  become  a  matter  of  indifference. 

The  mode  of  proceeding  as  to  the  Interdict  was 
as  follows :  —  The  party  aggrieved  stated  his  case 
to  the  praetor,  which  was  the  foundation  of  his  de- 
mand of  an  Interdict,  and  was  therefore  analogous 
to  the  Postulatio  octionis.  If  the  praetor  saw 
sufficient  reason,  he  jnight  giant  the  Interdict, 
which  was  often  nothing  more  than  the  words  of 
the  Edict  addressed  to  the  litigant  parties  ;  and  in 
doing  so,  he  used  his  **auctoritas  finiendis  eontro- 
versiis  "  in  the  first  instance,  or  immediately,  and 
without  the  intervention  of  a  judex  (prindpaliier), 
and  also  "  ccrtis  ex  caubis,**  that  is,  in  cases  already 


INTERDICTUM. 

provided  for  by  the  Edict  If  the  defendant  atKcc 
admitted  the  plaintiff's  case  beiioR  the  mterdkt 
was  granted,  and  complied  with  its  tenna,  or  sub> 
mitted  to  the  interdict  after  it  was  granted,  tk» 
dispute  was  of  oonne  at  an  end.  This  is  net 
stat^  by  Gaius,  but  follows  of  neee«ity  ftom  the 
nature  of  the  case ;  and  when  be  goes  on  to  siy 
**  that  when  the  praetor  has  ordered  any  thmg  u 
be  done  or  forbidden  anything  to  be  done,  the 
matter  is  not  then  ended,  bat  the  parties  go  before 
a  judex  or  recuperatoies,*'  he  means  that  this  for- 
ther  proceeding  takes  place,  if  the  praetor^  Inter- 
dict does  not  settle  the  matter.  The  whc^e  fons 
of  proceeding  is  not  deariy  stated  by  some  modrni 
writers,  but  the  following  is  consistent  with  Gah;i. 

The  complainant  either  obtained  the  Interdict 
or  he  did  not»  which  would  depend  on  the  oie 
that  he  made  out  before  the  praetor.  If  he  foiled, 
of  course  the  litigation  was  at  end  ;  and  if  be  ob- 
tained the  interdict,  and  the  defendant  oom{Jied 
with  its  terms,  the  matter  in  this  case  also  was  at 
an  end.  If  the  defendant  simply  did  not  obey  the 
terms  of  the  Interdict,  it  would  be  necessaiy  Ue 
the  complainant  again,to  apply  to  the  ptaetor,  m 
order  that  this  fact  might  be  ascertained,  and  that 
the  phuntiff  might  give  iull  satisfoction.  If  the 
defendant  was  dissatisfied  with  the  Interdict,  ht 
might  also  apply  to  the  praetor  for  an  invesdgatixi 
into  the  focts  of  the  case :  his  allegation  might  be 
that  there  was  originally  no  ground  for  the  ImerdJct 
He  might  also  apply  to  the  {oaetor  on  the  grmiiHi 
that  he  had  satisfied  the  terms  of  the  Intirdit^ 
though  the  plaintiff  was  not  satisfied,  or  on  the 
ground  that  he  was  unable  to  do  more  than  he  had 
done.  In  all  these  cases,  when  the  praetor^  order 
did  not  terminate  the  dispute,  he  directed  an  m- 
quiry  by  certain  formulae,  which  were  the  instnzc- 
tion  of  the  judex,  recuperatores,  or  arbiter.  Ac- 
cordingly, the  process  of  the  Interdict  belonged 
to  the  ordo  judiciorum  privatoranu  but  die  judi- 
cium was  constituted  by  the  peculiar  process  of 
the  Interdict  The  inquiiy  would  be.  Whether 
anything  had  been  done  contrary  to  the  Piaetor*i 
Edict*  ;  or.  Whether  that  had  been  done,  wbkh 
he  had  ordered  to  be  done :  the  fonoer  inqaiiy 
would  be  made  in  the  case  of  a  Prohibiucy  Inter- 
dict ;  and  the  latter  in  the  case  of  an  Exhihitoiy 
or  Restitutoiy  Interdict 

In  the  case  of  Interdicta  Prohibitoria  there  was 
always  a  sponsio ;  that  is,  the  parties  were  re- 
quired to  deposit  or  ^ve  security  for  a  mm  of 
money,  the  loss  of  which  was  in  the  natare  of  a 
penalty  (  poena)  to  the  party  who  foiled  before  the 
judex :  this  sponsio  was  probably  required  fav  the 
praetorc.  In  the  case  of  Interdicta  Restitotona 
and  PiSSiibitoria,  the  proceeding  was  sontetimfi 
per  tponsioncm,  and  therefore  before  a  jodex  or  re- 
cuperatores, and  sometimes,  without  any  spaosia, 
per  formuhuki  arbitiariam,  that  is,  before  an  arbiter. 
In  the  case  of  these  two  latter  Interdicts,  it  seeios 
to  have  depended  on  the  party  who  daimed  the 
inquiry  whether  there  should  be  a  i^wnuo  or  oot : 
if  such  party  made  a  sponsio,  that  is,  proffered  a) 
pay  a  sum  of  money,  if  he  did  not  make  out  hii 


*  *^  Edict  *"  is  the  word  used  by  Gains,  but  be 
means  Interdict  He  uses  Edict,  becaoie  the  In 
terdict  would  only  be  granted  in  such  casn  u 
were  provided  for  by  the  Edict  (eertie  ex  etnait), 
and  tnus  an  Interdict  was  only  an  q^licatin  of 
the  Edict  to  a  particuhir  case. 


INTERDICTUM. 

cMe,  the  ofvpoote  party  wu  required  to  make  one 
aisQ.  In  tne  case  of  Caccina  (Cic.  pro  Caadn.  8) 
a  ipansio  had  been  made :  Cioero  laya,  addieaaing 
tbe  ncBpentoiea,  **  apoosio  &cta  ett :  hac  de  spon- 
ijone  Tolna  jndica&dam  eat."  In  &ct,  when  the 
tsatter  caaie  belbre  n  judex  or  arbiter,  the  form  of 
pcoceediDff  waa  aimilar  to  the  udinary  judicium. 

Tke  chief  diTiiian  of  InterdieU  baa  been  atated. 
The  fariooa  pnxpooea  to  which  thej  were  appli- 
cable apficef  from  the  titlea ;  aa,  Interdictum  de 
A<iua,  de  Arboriboa  caedendii,  de  Liiberia  exhi- 
bendk,  de  RiTia,  de  Snperficieboa,  Ac 

Another  drriako  of  Interdkta  waa  into  thoae  for 
the  porpoae  of  acquiring  Poaaemioa,  retaining  poa- 
ecMioii,  or  reooTcivB^  poaaeaaion.  (Gaiua,  ir,  144.) 
The  laterdktum  adipiaoeiidae  poaaeaaionia  waa 
Ktvea  to  him  to  whom  the  Bonomm  poaaeasio 
[Boxoairif  Possxssio]  waagiven»andit  la  referred 
t>  by  the  initial  woida  Qnorum  bonomm.  (Dig. 
43.  tiL  2.  a.  1.)  Ita  opeiation  waa  to  compel  a 
perwD,  who  had  poaaeaaion  of  the  property  of 
vHkh  the  Bonoram  poeaeaato  waa  granted  to  an- 
other, to  give  it  up  to  aoch  peraon,  whether  the 
penon  in  poaaeaaion  of  aaah  property  poaaeased  it 
pro  herede  or  pro  poaaeaaore.  The  Bonorum  Emtor 
[Bojcoftux  Emtio]  waa  alao  entitled  to  thia  In- 
tptdid,  vhich  waa  aometimea  called  Poaaeaaorium. 
It  waa  alao  gxanted  to  him  who  bought  gooda  at 
pablic  auction,  and  in  auch  caae  waa  called  Secto- 
liam,  the  name  **  Sectorea  **  being  applied  to  per- 
aoaa  who  bought  property  in  auch  manner.  (Cic. 
fn>  Rote.  Awk.  3(>.) 

The  Interdictam  SalTianum  waa  granted  to  the 
owner  of  land,  and  enabled  him  to  take  poaaeaaion 
of  the  gooda  of  the  colonua,  who  hod  agreed  that 
his  gooda  ahonld  be  a  aecnrity  for  hia  rent  (Dig. 
43.  tit.  S.) 

Thia  Interdict  waa  not  atrictly  a  Poaaeaaoria] 
Interdict,  aa  Savigny  haa  abown  (Dm  Reckt  des 
Bemixm^  P-  410;  Pochta,  InttittUiomm^  &c.  ii. 
I  225.)  It  did  not,  like  the  two  other  Interdicta, 
preaappoae  a  lawful  poaaeaaion,  that  ia,  a  Jua  poa- 
aeaaioaia  acquired  by  the  fiict  of  a  rightful  poaaea- 
aion ;  the  eomplaiiuint  neither  alleged  an  actual 
poaaeaaion  nor  a  former  poaaeaaion. 

The  Interdictum  retinendae  poaaeaaionia  could 
only  be  granted  to  a  peraon  who  had  a  rightful 
poaacBaiot  *nd  he  waa  intitled  to  it  in  reapect  of 
damagwt  aostained  by  being  diaturbed  in  hia  poa- 
aeaaion, in  reapect  of  anticipated  diaturbance  in  hia 
poaaeaaion,  and  in  the  caae  of  a  diapute  aa  to  owner- 
ahfp  in  which  the  matter  of  poaaeaaion  waa  firat  to 
be  inquired  inta     Ita  effect  in  the  kat  caae  would 
be,  aa  Oaiua  atatea,  to  determine  which  of  two 
litigant  partiea  ahoidd  poaaeaa,  and  be  the  defend- 
ant, and  which  ahoold  be  tlie  chtimant,  and  have 
the  harden  of  proof.     There  were  two  Interdicta 
of  thia  daaa  named  reapectiTely  Uti  Poaaidetia  and 
Utrabi,  from  the  initial  worda  of  the  Edict    The 
Inteidietam   Uti  Poaaidetia  applied  to   land  or 
hooaea,  and  the  other  to  moveablea.     The  Uti 
Poaaidetia  protected  the  peraon  who  at  the  time  of 
obtainbg  the  Inteidict  waa  in  actual  poaaeaaion, 
pioTided  he  had  not  obtained  the  poaaeaaion  againat 
the  other  party  (advurtarms)  tI,  clam,  or  precario, 
which  were  the  three  vitia  poaaeaaionia.     (Featna, 
«.  V.  Poaieaaio  ;  Gahia,  iv.  160.)  In  the  caae  of  the 
latcrdielBm  Utruhi,  the  poaaeaaion  of  the  morsble 
thiag  waa  by  the  Interdict  dedared  to  belong  to 
km  who  had  poaaeaaed  the  thing  againat  the  other 
puty  daring  the  greater  part  of  that  year,  **  nee  tI 


INTERDICTUM.  64S 

nee  clam  nee  precario.**  There  were  aome  peculi- 
aritiea  aa  to  poaaesaio  of  moveable  thinga.  (Gaiui, 
iv.  151.) 

The  Interdictum  recupenndae  poaaeaaionia  might 
be  claimed  by  him  who  had  been  forcibly  ejected 
(vi  dejechu)  from  hia  poaaeaaion  of  an  immoTabie 
thing,  and  ita  efiect  waa  to  compel  the  wrong- 
doer to  reatore  the  poaaeaaion,  and  to  make  good  all 
damage.  The  initial  worda  of  the  Interdict  were, 
Undo  tu  ilium  ti  dejeciati ;  and  the  worda  of  com- 
mand were,  Eo  reatituaa.  (Cic.  pro  Caecw.  30, 
pfio  TulL  4,  29,  44;  Oaiua,  iT.  154  ;  Dig.  4^ 
tit  16.  a.  1.)  There  were  two  caaea  of  Via:  one  of 
Via  aimply,  to  which  the  ordinaty  Interdict  applied, 
which  Cicero  calla  Quotidianum  ;  the  other  of  Via 
Annata,  which  had  been  obtained  by  Caecina 
againat  Aebutiua.  The  plairitiff  had  to'prove  that 
he  waa  in  poaaeaaion  of  the  premiaea,  and  had  been 
ejected  by  the  defendant  or  hia  agenta  (/umiUa  or 
procurator^  Cic.  pro  7W/L  29.)  If  the  matter  came 
before  a  judex  the  defendant  might  allege  that  he 
had  complied  with  the  Interdict,  **  reatituiaae,** 
though  he  had  not  done  ao  in  fact ;  but  thia  waa 
the  form  of  the  aponaio,  and  the  defendant  would 
Bucceed  before  the  judex  if  he  could  ahow  that  he 
waa  not  bound  to  reatore  the  plaintiff  to  hia  poa- 
aeaaion.    {Pro  Cktmn.  8,  32.) 

The  defendant  might  put  in  an  anawer  (exeqaiio) 
to  the  plaintiff  *a  claim  for  reatitution :  he  might 
ahow  that  the  plaintiffs  poaaeaaion  commenced 
either  yi,  chun,  or  precario  with  reapect  to  the 
defendant  (pro  Casein,  32,  pro  TulL  44) ;  but 
thia  exceptio  waa  not  allowed  in  the  caae  of  via 
annata.  (Pro  Caeein,  8,  82.)  The  defendant 
might  alao  plead  that  a  year  had  elapaed  aince  the 
violence  complained  of,  and  thia  waa  generally  a 
good  plea  ;  for  the  Interdict  contained  the  worda 
**  in  hoc  anno.**  But  if  the  defendant  waa  atill  in 
poaaeaaion  after  the  year,  he  could  not  make  thia 
plea  ;  nor  could  he  avail  himaelf  of  it  in  a  case  of 
Via  Armata.  (Cic  ad  Fam,  xv.  16.) 

A  ckndeatina  poaaeaaio  ia  a  poeaeaaio  in  which 
the  poaaesaor  takea  a  thing  (which  must  of  courae 
be  a  movable  thing)  aecreUy  (/wiive)  and  without 
the  knowledge  of  the  peraon  whose  adverse  claim 
to  the  poaaeaaion  he  feara.  Such  a  poaaeaaio,  when 
it  was  a  disturbance  of  a  rightful  poasessio,  gave 
the  rightful  poBseaaor  a  tide  to  have  the  Interdict 
de  cUmdeatina  possessione  for  the  recovery  of  hia 
poaaeaaion.  All  tracea  of  thia  interdict  are  nearly 
lost ;  but  ita  existence  aeema  probable,  and  it  must 
have  had  some  resemblance  to  the  Interdictum  de 
vi.  The  exceptio  clandestinae  possessionis  waa 
quite  a  different  thing,  inasmuch  as  a  clandestina 
poaaesaio  did  not  necessarily  suppose  the  lawful 
possession  of  another  party. 

The  Interdictum  de  Precaria  possessione  or  de 
Precario  applied  to  a  caae  of  Precarium.  It  is  Pre- 
carium  when  a  man  permits  another  to  exercise 
ownenhip  over  his  property,  but  retains  the  right 
of  demanding  the  property  back  when  he  pleases. 
It  is  called  Precarium  because  the  person  who 
received  such  permission  usually  obtained  it  by 
request  (prece)  ;  though  requeat  was  not  neces- 
sary to  constitute  Precarium,  for  it  might  arise 
by  tacit  permission.  (Paulus,  S,  R.  v.  tic  6.  s. 
II.)  The  person  who  received  the  detention  of 
the  thing,  obtained  at  the  same  time  a  legal  posses- 
sion, unless  provision  to  the  contrary  was  made  by 
agreement  In  either  case  the  permission  could  at 
any  time  be  recalled,  and  the  poaaesaio,  which  in 
T  T  2 


€44 


INTERDICTUM. 


iti  origin  was  josta,  became  injusta,  vitioba,  as 
socni  as  restitution  was  refused.  Restitution  could 
be  claimed  by  the  Interdictum  de  Precario,  pre- 
cisely as  in  the  case  of  Vis  ;  and  the  sole  fonpda- 
tion  of  the  right  to  this  Interdict  was  a  vitiosa 
possessio,  as  just  explained.  The  Precarium  was 
never  viewed  as  a  matter  of  contract.  The  Inter- 
dictum de  precario  originally  l^>plied  to  land  only, 
but  it  was  subsequently  extended  to  movable 
things.  The  obligation  imposed  by  the  Edict  was 
to  restore  the  thing,  but  not  its  value,  in  case  it 
was  lost,  unless  dolus  or  IftU  culpa  could  be  proved 
against  the  defendant  But  from  the  time  that 
the  demand  is  made  against  the  defendant,  he  is 
m  mora,  and,  as  in  the  case  of  the  other  Interdicts, 
he  is  answerable  £or  all  culpa,  and  for  the  fruits  or 
profits  of  the  thing ;  and  generally,  he  is  bound  to 
place  the  plaintiff  in  the  condition  in.  whicb  he 
would  have  been,  if  there  had  been  no  reftisal. 
No  exceptions  were  allowed  in  the  case  of  a  Pre- 
carium. 

The  origin  of  tbe  Precarium  is  referred  by 
Savigny  to  the  relation  which  subsisted  between  a 
patronus  and  his  cliens,  to  whom  the  patronus  gave 
the  use  of  a  portion  of  the  ager  publicus.  If  the 
cliens  refused  to  restore  the  land  upon  demand,  the 
patronus  was  entitled  to  the  Interdictum  de  pre- 
cario. As  the  relation  between  the  patronus  and 
the  cliens  was  analogous  to  that  between  a  parent 
and  his  child,  it  followed  that  there  was  no  contract 
between  them,  and  the  patron^  right  to  demand  the 
land  back  was  a  necessary  consequence  of  the  relation 
between  him  and  his  cliens.  (  Festus,  s.  v,  Patrei.) 
The  precarium  did  not  fell  into  disuse  when  the 
old  ager  publicus  ceased  to  exist,  and  in  this  respect 
it  followed  the  doctrine  of  possessio  generally. 
[AoRARiAB  Lbobs.]  It  wos  in  fiict  extended 
and  applied  to  other  things,  and,  among  them,  to 
the  case  of  pli^ge.     [Piqnus.] 

Gains  (iv.  156)  makes  a  third  division  of  In- 
terdicta  into  Simplicia  and  Duplicia.  Simplicia 
are  those  in  which  one  person  is  the  plaintiff 
(<iclor)^  and  the  other  is  the  defendant  ^retu) :  all 
Restitutoria  and  Exhibitoria  Interdicta  are  of  this 
kind.  Prohibitoria  Interdicta  are  either  Simplicia 
or  Duplicia :  they  are  Simplicia  in  such  cases  as 
those,  when  the  praetor  forbids  any  thing  to  be 
done  in  a  locus  sacer,  in  a  flumen  publicum,  or  on 
a  ripa.  They  are  Duplicia  as  in  the  case  of  the 
Interdictum  uti  Possidetis  and  Utrubi ;  and  they 
are  so  called,  says  Oaius,  because  each  of  the  liti- 
gant parties  may  be  indifferently  considered  as 
actor  or  reus,  as  appears  from  the  terms  of  the 
Interdict     (Qaius,  iv.  160.) 

Interdicta  seem  to  have  been  also  called  Duplicia 
in  respect  of  their  being  applicable  both  to  the  ac- 
quisition of  a  possession  which  had  not  been  had 
before,  and  also  to  the  recovery  of  a  possession. 
An  Inti^rdict  of  this  class  was  granted  in  the  case 
of  a  vindicatio,  or  action  as  to  a  piece  of  land 
against  a  possessor  who  did  not  de  end  his  pos- 
session, as,  for  instance,  when  he  did  not  submit 
to  a  judicium  and  give  the  proper  sponsiones  or 
satisdationos.  A  similar  interdict  was  granted  in 
the  case  of  a  vindicatio  of  an  hereditas  and  a 
ususfructus.  Proper  security  was  always  required 
from  the  person  in  possession,  in  the  case  of  an  in 
rem  actio,  in  order  to  s  cure  the  plaintiff-  against 
any  loss  or  injury  that  the  property  might  sustain 
while  it  was  in  the  possession  of  the  defendant 
|f  the  defendant  refused  to  give  such  security  he  | 


INTERREX. 

lost  the  possessio,  which  was  tnuuloTed  ts  tl^s 
plaintiff  (petUor).  (Rudorff,  Udber  dot  Intaiid 
Quem  Fmdumy  &&,  Zattchriji^  vol  ix.) 

^  By  all  these  Interdicts  Possession  is  pntected, 
and  possession  in  itself  in  its  immediate  isxm  ai 
power,  in  fiict,  over  a  thing.  PossessioD  thus  ob- 
tains a  legal  existence,  which  is  simply  cmnedf^ 
with  that  foct  This  pore  reoeptka  of  ^omman 
among  Rights  is  not  perplexed  by  the  eooaidenticm 
of  the  rightful  or  wrongful  origin  of  the  poKcssioo. 
which  origin  has  no  effect  with  respect  to  the  pD- 
tection  given  to  possession.  The  Injusta  Possoia 
that  is,  the  possession  which  has  been  acqaim)  vi, 
or  chim  or  precario,  is  certainly  not  proteek^ 
against  the  person  from  whom  it  has  been  scqain^l 
by  the  possessor  by  any  one  of  these  three  ritia 
possessionis  ;  but  apart  from  this  ease,  the  Injoia 
Possessio  gives  the  same  claim  to  piotectioD  as  U:e 
Justa.  (Dig.  43.  tit  17.  a.  2.)  Tbe  Literdirti 
arise  out  of  Possessio,  and  indifferently  whetlierit 
is  Justa  or  Injusta  ;  only,  if  two  posMaton  daim 
against  one  another,  a  fonner  and  a  preMnt  pn*- 
sessor,  of  whom  the  one  has  obtained  poaeaJM 
from  the  other  vitiose,  the  former  is  not  praurk^ 
against  the  Luter.  (Dig.  43.  tit  17.  il  1.  §9.)" 
Puchta,  InsHtutitmm^  &c.,  ii.  §  2*25. 

(For  other  matters  relating  to  tbe  Interdict  see 
Gains,  iv.  ISa— 170 ;  Paulus,  S.  A.  v.  tit  5;  D^ 
43  ;  Savigny,  Das  Reeht  de$  Bnitxes^  pp  40^ 
516;  Savigny  and  Haubold,  Zeitaekn/l,  toL  ui.  pp. 
305,  358,  421  ;  Keller,  Ueber  die  Deduefio  ^ 
moribut  fit  and  Da»  Interdiettun  UH  poHiMK 
ZeiUArift^  vol.  xi. ;  Rudorfl^  Bemahmyn  «&t 
dandbe  Interdict^  Zatadhrift,  vol  xi ;  Puchta,  Is- 
slitutionen,  &&,  il  §§  1 69,  225.)  [G.  L.} 

INTERPRES,  an  interpreter.  This  chn  of 
persons  became  very  numerous  and  neoetsarr  u 
the  Romans  as  their  empire  extended.  Embsoies 
from  foreign  nations  to  Rome,  and  from  Rome  to 
other  states,  were  generally  acoompsnied  bj  iater- 
preters  to  exphiin  the  objects  of  the  embaiiy  ts 
the  respective  authorities.  (Cic.  dt  DiviaaL  il 
64,  de  Finib,  v.  29  ;  PUn.  H,Ii.  xxv.  2 ;  Gdl 
xvii.  17.  2  ;  Liv.  xxvii.  43.)  In  laige  mercantfle 
towns  the  interpreters,  who  formed  a  kiod  d 
agents  through  whom  business  was  done,  were 
sometimes  very  numerous,  and  Pliay  (//.  ^V.  ri 
5)  states  that  at  Dioscurias  in  Colchu,  thefe  veie 
at  one  time  no  less  than  130  persons  who  scted  si 
interpreters  to  the  Roman  merchaoti,  sod  tiuvngii 
whom  all  the  business  was  carried  on. 

All  Roman  praetors,  proconsuls,  sod  qnaestos, 
who  were  entrusted  with  the  administzation  rf  a 
province,  had  to  carry  on  all  their  official  proceed- 
ings in  Uie  Latin  language  (Val.  Max.  ii.  i  I  'A 
and  as  they  could  not  be  expected  ts  be  squainted 

with  the  language  of  the  piWTindaU,  they  W 
always  among  their  servants  [ Appabitorks]  m 
or  more  interpreters,  who  were  geneially  Roam, 
but  in  most  cases  undoubtedly  freedmen.  {C\t.jn 
Balb.  11.)  These  interpreten  had  not  ODly  to 
officiate  at  the  conventus  [ConvwtpsJ,  bat  4» 
explained  to  the  Roman  governor  eTeiythiog  vfaxh 
the  provincials  might  wish  to  be  laid  befiat  b>». 
(Cic.  «.  Verr,  iii.  37,  ad  Fam.  xiiL  44;  CvaM 
GaU.1  19;  compare  DukBfea^CMLAiAaMiLi^ 
16,  Ac)  [I*^' 

INTERREX,  INTERREGNUM  (M  ^J 
the  Greek  writers  M«<ro6fariXe^s,  ;i«r«e«rtA«« 
ApxiM^^^o^wriXefa).  The  office  of /stow  »»» 
to  have  been  instituted  on  tbe  death  of  RoDHiln% 


-     INTERREX* 

vim  tbe  aenate  wished  to  abaie  the  soTercign 
power  anrangtliennd res  instead  of  electing  a  king. 
Far  this  poipo^  according  to  Livy  (i.  17),  the 
lenate,  whicfa  then  consisted  of  one  hundred  mem- 
ben,  vas  dirided  into  ten  decuries  ;  and  from  each 
•ftbaedecnries  one  senator  was  nominated.  These 
tagetiier  Ibniied  a  board  of  ten,  with  the  title  of 
I$iarnge$^  each  of  whom  enjoyed  in  snoeession  the 
itgai  power  and  its  badges  for  fire  days ;  and  if  no 
king  WM  sppointed  at  the  expiration  of  fifty  days, 
the  ntatioD  began  anew.  The  period  during 
viuch  tbey  ezerciaed  theiir  power  was  called  an 
li^em^Mou  Dionysios  (ii  57)  and  Piutarch 
{Sumo,  2)  gire  a  d^rent  account  of  the  matter ; 
bst  that  of  Livy  appears  the  most  probable. 
Niebahr  {HuL  ^  Rome,  toL  i.  p.  334,  toI.  ii.  p. 
Ill)  nppoaes  that  the  first  interregcs  were  ex- 
dasJTely  Ramnea;,  and  that  they  were  the  Decern 
I'rimj,  or  ten  leading  senators,  of  whom  the  first 
ns  chief  of  the  whole  senate.  (Compare  Walter, 
GaikdaBm,  ReeAit,  §  21,  2nd  ed.) 

The  mteneges  agreed  among  themseWes  who 
s^U  be  proposed  as  king  (I^onys.  ir.  40,  80), 
iDd  if  the  senate  approved  of  their  choice,  they 
mmnaned  the  assembly  of  the  curiae,  and  pro- 
posed the  penon  whom  they  had  previously  agreed 
e|m ;  the  power  of  the  curiae  was  confined  tu  ac- 
eef>dng«  rejecting  him.  The  decree  of  the  curiae, 
by  vhkfa  they  accepted  the  king,  was  called,^f«nw 
ripA  ^Ut.  i.  22  ;  Cic.  de  Rep,  il  13, 21.)  After 
the  kisg  had  been  elected,  the  curiae  conferred 
the  napeiinni  upon  him  by  a  special  law,  lex  euriaia 
de  o^Km    (Cic.  de  Rep,  iL  13,  17,  18,  20,  21.) 

Interreges  were  appointed  under  the  republic  for 
Mding  the  conitia  for  the  election  of  the  consuls, 
vhen  the  consols,  through  civil  commotions  or 
pther  causes,  had  been  unahle  to  do  so  in  their 
yearofflffiee;  (Dionys.  viil  90;  Liv.  iv.  43,  &c.) 
Each  held  the  office  for  only  five  days,  as  under 
the  kings.  The  comitia  were,  as  a  general  rule, 
■4t  held  bjr  the  first  interrez ;  more  usually  by  the 
Hcndorthiid  (Lfr.  ir.  7,  z.  11,  ▼.  31) ;  but  in 
mw  iostanee  we  read  of  an  eleventh,  and  in  another 
«f  a  fovrteeoth  interrex.  (Liv.  vii  22,  viiL  23.) 
The  comitia  fiir  decting  the  first  consuls  were  held 
hj  Spi  Lucretius  as  intenrez  (Dionya.  iv.  84), 
vb«n  Ury  (L  $0)  calk  also  pratfedus  uthie.  The 
mseneges  imder  die  republic,  at  least  from 
B.&492,  were  elected  by  the  senate  finom  the 
vbole  body,  and  were  not  confined  to  the  decern 
priffli  or  ten  chief  senators  as  under  the  kings. 
(Okmyi,  vfii.  90.)  Plebeians,  however,  were  not 
sdminble  to  this  office ;  and  consequently  when 
piebeiaia  were  admitted  into  the  senate,  the  patri- 
^  aenaton  met  together  [poiere)  without  the 
p^ebeiaa  members  to  elect  an  interrez.  (Liv.  iii. 
*«.  m  7, 43,  VL  41 ;  Cic.  pro  Domo,  14 ;  Niebuhr, 
"f^  ii  ^  429 ;  Walter,  §§  55,  131.)  For  this 
feason,  as  well  as  on  account  of  the  influence  which 
tbe  intenex  exerted  in  the  election  of  the  magis- 
tratea,  ve  find  that  the  tribunes  of  the  plebs  were 
*^gly  opposed  to  the  appointment  of  an  interrez. 
(Lit.  ir.  43^  oil  84.)  The  interrez  had  juris- 
<iietk    (Liv.  z.  41 ;  Niebuhr,  vol  ill  p.  24.) 

,  hiteneges  continued  to  be  appointed  occasionally 
tin  the  time  of  the  second  Punic  war  (Liv.  zziL  33, 
^)  i  but  aflier  that  time  we  read  of  no  interrez, 
tni  the  aenate,  by  command  of  SuUa,  created  an 
mienex  to  hold  the  comitia  for  his  election  as  Dic- 
^1 R  c  82.  (Appian,  BelL  Ov.  I  98.)     In  b.  c. 

Ao  another  interrez  was  appointed  to  hold  the 


ISTUMIA. 


645 


comitia,'  in  which  Pompey  and  Crassus  were 
elected  consuls  (Dion  Com.  zxxix.  27,  31)  ;  and 
we  also  read  of  interreges  in  b.  c.  53  and  52,  b  the 
latter  of  which  years  an  interrez  held  the  comitia, 
in  which  Pompey  was  appointed  sole  consul. 
(Dion  Cass.  zl.  45  ;  Ascon.  ad  Ge,  Mil.  init  p.  32, 
Orelli ;  Plut.  P<mp,  54 ;  comp.  Becker,  Hamdhueh 
der  Romi$cken  AUerthUmer,  vol.  ii.  part  I  p.  295, 
Ac.) 

INTE'RULA.     [TuKiCA.] 

INTESTA'BILIS.  In  the  Twelve  Tables  it 
was  declared  **  qui  se  sierit  testarier  libripensve 
fuerit,  ni  testimonium  fiiriatur,  improbus  intesta- 
bilisque  esta**  (Dirksen,  Uebernckt^  &c.  ^  607  ; 
compare  Oellius,  vi.  7,  xv.  13.)  According  to 
these  passages,  a  person  who  had  been  a  witness 
on  any  solemn  occasion,  such  as  the  making  of  a 
will,  and  afterwards  refosed  to  give  his  testimony, 
was  ^  intestabilis,*  that  is,  disqualified  from  ever 
being  a  witness  on  any  other  occasion.  The  word 
afterwards  seems  to  have  had  its  meaning  eztended, 
and  to  have  been  used  to  express  one  who  could 
not  make  a  will,  and  who  laboured  under  a  general 
civil  incapacity.  (Hor.  SaU  ii.  3.  181 ;  Dig.  28. 
tit.  1.  s.  18.  26 ;  Inst  ii.  tit.  10.]  [Q.  L.] 

INTESTATO,  HEREDITATES  AB. 
[Hbrbs,  p.  598,  a.] 

INTESTATUS.     [Herbs,  p.  598,  a.] 

INTESTl'NUM  OPUS,  joiner's  work,  is  re- 
ferred to  in  some  passages  of  Vitruvius  as  used  in 
the  interior  of  buildings  ;  but  there  is  nothing  in 
his  allusions  to  it  that  requires  explanation  ( Vitruv. 
il  9,  V.  2,  V.  3).  [P.S.] 

INTU'SIUM.     [TcNiCA.] 

INVENTA'RIUM.     [Hbrbs,  p.  601,  b.] 

INVESTIS.    [Impubbs.] 

IREN  (ffwjy).     [EiRBN.] 

IRPEX,  HIRPEX,  or  URPEX  (Cato,  de  Re 
Rust.  10),  a  harrow,  used  to  clear  the  fields  of 
weeds  and  to  level  and  break 'down  the  soil. 
(Festus,  «.  V. ;  Servius,  m  Virg,  Georg,  i.  95.)  The 
harrow  of  the  ancients,  like  ours,  had  iron  teeth, 
and  was  drawn  by  oxen.  (Var.  de  lAng.  Lat.  v. 
31,  ed.  Spengel.)  [J.  Y.] 

ISELA'STICI  LUDI   [Athlbtab.] 

ISO'DOMUM  OPUS.    [Murus.] 

ISOPOLITEIA  («Vo»o\iTeio).  [Civitas,  p. 
289,  b.] 

ISOTELEIS  (IcroreAfij).  [Civitas,  p. 289,  b.] 

TSTHMIA  ("lo^ju'*),  one  of  the  four  great 
national  festivals  of  the  Greeks.  This  festival  de- 
rived its  name  from  the  Corinthian  isthmus,  where 
it  was  held  in  honour  of  Poseidon.  Where  the 
isthmus  is  narrowest,  between  the  coast  of  the 
Saronic  gulf  and  the  western  foot  of  the  Oenean 
hills,  was  the  temple  of  Poseidon,  and  near  it  was  a 
theatre  and  a  stadium  of  white  marble,  the  scene  of 
the  Isthmian  games.  (Pans.  ii.  1.  §7;  Strab.  viii.  6. 
p.  380.)  The  entrance  to  the  temple  was  adorned 
with  an  avenue  of  statues  of  the  victors  in  the 
Isthmian  games,  and  with  groves  of  pine-trees. 
These  games  were  said  originally  to  have  been 
instituted  hy  Sisyphus  in  honour  of  Melicertes,*' 
who  was  also  called  Palaemon.  (Apollod.  iii.  4. 
§  3  ;  Pans,  ii  1 .  §  3.)  Their  original  mode  of 
celebration  partook,  as  Plutarch  (7^s.25)  remarks, 
more  of  the  character  of  mysteries,  than  of  a  great 
and  national  assembly  with  its  various  amusements, 
and  was  performed  at  night.  Subsequent  to  the 
age  of  Theseus  the  Isthmia  were  celebrated  in 
honour  of  Poseidon ;  and  this  innovation  is  ascribed 

TT   8 


•46 


ISTHMIA- 


to  Thesens  himulf,  who,  according  to  some  legends, 
was  a  son  of  PoAeidon,  and  who,  in  the  institution 
of  the  new  Isthmian  solemnities,  is  said  to  have 
imitated  Heracles,  the  founder  of  the  Olympian 
games.  The  celebration  of  the  Isthmia  was  hence- 
forth conducted  by  the  Corinthians,  bat  Thesens 
had  reserved  for  his  Athenians  some  honourable 
distinctions;  those  Athenians  who  attended  the 
Isthmia  sailed  across  the  Saronic  gulf  in  a  sacred 
yessel  {dtwpis),  and  an  honorary  phice  (irpocSpia), 
as  largo  as  the  sail  of  their  vessel,  was  assigned  to 
them  during  the  celebration  of  the  games.  (Pint. 
/.  e.)  In  times  of  war  between  the  two  states  a 
sacred  trace  was  concluded,  and  the  Athenians 
were  invited  to  attend  at  the  solemnities.  (Thacyd. 
viiL  10.)  The  Eleans  did  not  take  part  in  the 
games,  and  various  stories  were  related  to  account 
for  this  singular  circumstance.  (Paus.  r.  2.  §  2.) 
It  is  a  very  probable  conjecture  of  Wachsmuth 
{HdUn,  Alterih,  vol.  i.  p.  155),  that  the  Isthmia, 
after  the  changes  ascribed  to  Theseus,  were  merely 
a  panegyris  of  the  lonians  of  Peloponnesus  and 
those  of  Attica ;  for  it  should  be  observed,  that 
Poseidon  was  an  Ionian  deity,  whose  worship 
appears  originally  to  have  been  unknown  to  the 
Dorians.  During  the  reign  of  the  Cypselids  at 
Corinth,  the  celebration  of  the  Isthmian  games  was 
suspended  for  seventy  years.  (Sol in.  c.  12.)  But 
after  that  time  they  gradually  rose  to  the  rank  of  a 
national  festival  of  all  the  Greeks.  In  Olymp.  49 
they  became  periodical,  and  were  henceforth  cele- 
brated regularly  every  third  year,  twice  in  every 
Olympiad,  that  is,  in  the  first  and  third  year  of 
every  Olympiad.  The  Isthmia  held  in  the  first 
year  of  an  Olympiad  fell  in  the  Corinthian  month 
Panemus  (the  Attic  Hecatombacon) ;  and  those 
which  were  held  in  the  third  year  of  an  Olympiad, 
fell  either  in  the  month  of  Munychion  or  Thaive- 
lion.  (Corsini,  Dineri.  Agon.  4  ;  compare  Goefler 
ad  Thucyd,  viii.  9.)  Pliny  (H.  AT.  iv.  5)  and  So- 
linus  (c  9)  erroneously  state  that  the  Isthmia  were 
celebrated  evexy  fifth  year.  With  this  regularity 
the  solemnities  continued  to  be  held  by  the  Greeks 
down  to  a  very  late  period.  In  228  B.a  the 
Romans  were  allowed  the  privilege  of  taking  part 
in  the  Isthmia  (Polyb.  iL  13)  ;  and  it  was  at  this 
solemnity  that,  in  a  c.  196  Flamininus  proclaimed 
before  an  innumerable  assembly  the  independence 
of  Greece  (Polyb.  xvii.  29).  After  the  fiill  of 
Corinth,  in  B.  a  146,  the  Sicyonions  were  honoored 
with  the  privilege  of  conducting  the  Isthmian 
games  ;  but  when  the  town  of  Corinth  was  rebuilt 
by  Julius  Caesar  (Paus.  ii.  1.  §  2,  ii  2.  §  2),  the 
right  of  conducting  the  solemnities  was  restored  to 
the  Corinthians,  and  it  seems  that  they  henceforth 
continued  to  be  celebrated  till  Christianity  became 
the  state-religion  of  the  Roman  empire.  (Sueton. 
A^ero,  24  ;  Julian  Imperat  ^pitt.  35.) 

The  season  of  the  Isthmian  solemnities  was,  like 
that  of  all  the  great  national  festivals,  distinguished 
by  general  rejoicings  and  feasting.  The  contests 
and  games  of  the  Isthmia  were  the  same  as  those 
4it  Ol^-mpia,  and  embraced  aU  the  varieties  of 
athletic  performances,  such  as  wrestling,  the  pan- 
cratium, together  with  horse  and  chariot  racing. 
(Paus.  V.  2.  §  4  ;  Polyb.  /.  d)  Musical  and  poeti- 
cal contests  were  likewise  carried  on,  and  in  the 
latter  women  also  were  allowed  to  take  part,  a» 
wo  must  infer  from  Plutareh  {Sympoi,  v.  2),  who, 
on  the  authority  of  Polemo,  states  that  in  the  trea- 
sury at  Sicyon  there  was  a  golden  book  which  had 


JUDEX,  JUDICIUAL 

been  pmented  to  it  by  Aristomadie,  the  poeCets, 
after  she  had  gained  the  victoiyat  the  latlimia. 
At  a  late  period  of  the  Roman  en^Hxe  the  cfaanc- 
ter  of  the  games  at  the  Isthmia  mppean  ^'eatir 
altered ;  for  in  the  letter  of  the  emperor  Julian, 
above  referred  to,  it  is  stated  that  the  Corinthiaa* 
purchased  bears  and  panthers  lor  the  pnrpoee  of 
exhibiting  their  fights  at  the  Isthmia,  and  it  is  »\ 
improbable  that  the  custom  of  introducing  fights  of 
animals  on  this  occasion  commenced  •ofm  after  the 
time  of  (Caesar. 

The  prize  of  a  victor  in  the  Isthmian  games  cno- 
sisted  at  first  of  a  garland  of  pine-learea,  and  after- 
wards of  a  wreath  of  ivy  •  bat  in  the  exid  the  hrj 
was  again  superseded  by  a  pine-gariand.  (Pint 
S^pos,  r.  3.)  Simple  as  such  a  reward  vai,  a 
victor  in  these  games  gained  the  greatest  distinc- 
tion and  honour  among  his  countrymen  ;  and  a 
victory  not  only  rendered  the  individual  who  ob- 
tained it,  a  subject  of  admiration,  hot  shed  Ins^v 
over  his  fiemxily  and  the  whole  town  or  connmnmt^ 
to  which  he  belonged.  Hence  Solon  estehiish  d 
by  a  law  that  every  Athenian  who  gained  the 
victory  at  the  Isthmian  games,  should  receive  fraci 
the  pablic  treasury  a  reward  of  one  faoodred 
drachmae.  (Plat  SoL2Z.)  HisTictorywasgese- 
rally  celebrated  in  lofty  odes,  called  Epinikia,  or  tri- 
umphal odes,  of  which  we  still  posseas  some  heas- 
tiftd  specimens  among  the  poems  of  Pindar.  (See 
Massieu  in  the  Mim,  de  fAoad,  deg  InteripL  d 
Bell,  Lett,  v.  p^  214,  &c  ;  Diasen,  De  Ratiam 
Poetica  Oarmiuttm  Pnidarieortan^  prefixed  to  the 
first  volume  of  his  edition  of  Pindar ;  Mailer, 
Hitt,  of  Greek  UL  p.  220,  &c. ;  Kianae,  Die 
Fythien^  Nemeetu,  tmd  Ittkmieu^  p.  1 65,  &c.)  [ L.S. J  * 

ITA'LIA.    [Colonia;  Proyincia.] 

ITER.     [ViAB.] 

ITINERIS  SERVITU3.    [SiRvrroTML] 

JUDEX,  JUDFCIUM.  A  Roman  magis- 
tratus  generally  did  not  investigate  the  frets  ia 
dispute  in  such  matters  as  were  brooght  before 
him :  he  appointed  a  Judex  for  that  purpose,  sod 
gave  him  instructions.  [Actio;  iNTBanicTUJL] 
Accordingly,  the  whole  of  Civil  procedure  was  ex- 
pressed by  the  two  phrases  Jus  and  Jadiciom,  Af 
which  the  former  comprehended  all  that  took  place 
before  the  magistratus  (m  jars),  and  the  latter  all 
that  took  place  before  the  judex  (ns  judieui).  Hhc 
meaning  of  the  term  Judioes  in  a  passage  of  Livy 
(iil  56)  is  uncertain.  In  the  Theodosian  Code  tie 
term  Judex  designates  the  governor  of  a  pnvince. 
From  the  earlier  periods  to  the  time  of  Constao- 
tine  it  designated  a  person,  whose  functioBs  may 
be  generally  understood  from  what  follows. 

In  many  cases  a  single  Judex  was  appoiated : 
in  others,  several  were  appointed,  and  tbey  seen 
to  have  been  sometimes  called  Becuperatores  as 
opposed  to  the  single  Judex.  (Gains,  iv.  104 — 
1 09.)  Under  certam  circumstances  the  Judex  was 
called  Arbiter  *  thus  Judex  and  Arbiter  an  nasKd 
together  in  the  Twelve  Tables.  (Dizfcsen,  6«6er- 
sicA/,  &C.  p.  725.) 

A  Judex  when  i^>pointed  was  bound  to  dis- 
charge the  functions  of  the  office,  unless  he  Ind 
some  valid  excase  (eavaao^Bo).  A  perMB  mig^t 
also  be  disqualified  from  being  a  Judex.  There 
Were  certain  seasons  of  the  year  when  legal  \im- 
ness  was  done  at  Rome  (otm  re»  agAuUmr^  Gains, 
iL  279),  and  at  these  times  the  services  of  the 
jndices  were  required.  These  lej^  tenis  were 
regulated  according  to  the  season^  so  that  tbers 


JUDEX,  JUDICIUM. 

v«fe  periods  of  Tacation  (Cic.  ad  J  it.  I  1 ;  cum 
homae  a  juUdU  /arum  refrixerit)  :  in  the  pro- 
Tiocet,  the  temw  depended  on  the  Conventos.  A 
Jadex  vas  liable  to  a  fine  if  he  was  not  in  attend- 
aoce  when  he  was  required.  In  anj  given  case, 
tile  litigant  parties  agr^  upon  a  judex  or  accepted 
aha  vhon  the  magistiatas  proposed.  ^  F*u^7 
kad  the  power  of  rejecting  a  proposed  judex, 
tboQgh  there  most  hare  beoi  some  limit  to  this 
power.  (Cic  pro  Cbunt.  43.)  In  cases  where  one 
of  the  titigaat  parties  was  a  peiegrinns,  a  pere- 
ghniis  mi^t  be  jadex.  (Oaius,  iv.  105.)  The 
judex  was  swam  to  discbaige  his  duty  fftithfiillj. 

When  Italy  had  reeeired  its  organization  from 
the  Kamana,  the  magistratns  of  the  sevend  cities 
had  jurisdictioi,  and  appointed  a  Judex  as  the 
praetor  did  at  Rome  {Lex  Ridtria  de  Gallia 
(Tto^ma).  In  the  provinces,  the  governors  ap- 
^4inted  a  Judex  ot  Recupexatores,  as  the  case 
might  be,  at  the  Conventos  which  they  held  ibr 
the  adminiattatioo  of  justice ;  and  the  Judex  or 
Racupeiatotcs  were  selected  both  from  Roman 
citfzess  and  natives. 

When  the  Judex  was  appointed,  the  proceed- 
\j^  iujmn  or  befwe  the  |»aetor  were  terminated, 
vhich  was  sometimes  expressed  hj  the  term  Litis 
GmieMaHa,  the  phrases  Lis  Gndestaia  and  Judicium, 
aeoeptuai  or  onluiatem,  being  equivalent  in  the 
daasical  jurists.  [Litis  Contxstatio.]  The 
pvties  appeared  before  the  Judex  on  the  third  daj 
{ampemdimatio),  unless  the  praetor  had  deferred 
the  judidnm  for  some  sufficient  reason.  The  Judex 
V7I9  generally  aided  by  advisers  (Jurisconsulti) 
Iranied  in  the  law,  who  were  said  **  in  consilio 
arlesee  ^  (Cia  pro  P.  QuinHo,  2.  6,  Top.  17) ;  but 
the  Judex  alone  was  empowered  to  give  judgment 
The  matter  was  firrt  briefly  stated  to  the  Judex 
(msfiie  eoifftetio^  eolkeUo)^  and  the  onitores  or 
patroni  of  each  party  supported  his  cause  in  a 
speech.  The  evidence  seems  to  have  been  given 
at  the  same  time  that  the  speeches  were  made, 
and  not  to  have  been  heard  before  the  patroni 
made  their  address.  (Cic.  pro  Rose,  Com.  14,  pro 
P,  QBmCia,  1&)  But  it  is  probable  that  the  piac- 
lioe  in  this  respect  might  vary  in  different  cases. 
Witnesses  were  produced  on  both  sides  and  ex- 
ammed  onlly  ;  the  witnesses  on  one  side  were  also 
cross-examined  by  the  other,  (Cic  pro  Ckteeina^ 
10, /wo  Flaeeoy  10.)  Written  documents,  such 
as  instraments  and  books  of  account,  were  also 
fiven  in  evidence ;  and  sometimes  the  deposition 
of  an  absent  witness  was  read,  when  it  was  con- 
finned  by  an  oath.  (Cic /mo  Rose,  Com.  15,  Cic. 
ad  AtL  it  1 2,  xiv.  1 5.)  There  were  no  direct  means 
of  compeliing  a  person  to  give  evidence  before  the 
leffialatian  of  Jostanian,  unless  they  were  slaves, 
who  in  some  eases  might  be  put  to  the  torture. 
Aj  to  the  application  of  the  oath  in  jndicio,  see 

Jt'SJURANDUM. 

After  all  the  evidence  was  given  and  the  patroni 
liad  finished,  the  judex  gave  sentence :  if  there 
vere  levend  jndices,  a  majority  decided.  If  the 
matter  wm  one  of  difficulty,  the  hearing  might  be 
adjoioned  as  often  as  was  necessary  {ampUatio)  ; 
and  if  the  index  could  not  come  to  a  satis&ctory 
ottcliision,  he  might  declare  this  upon  oath  and  so 
reieaae  himsdf  firom  the  difficulty.  This  was  done 
b7  the  form  of  words  **  mm  liqnere''  (N.L.).  (OelL 
zin  2.)  The  senteace  was  pronounced  orally,  and 
first  written  on  a  tablet.    If  the 


JUDEX,  JUDICIUM.  647 

defendant  did  not  make  his  appearance  after  being 
duly  summoned,  judgment  might  be  given  against 
him  (Judicium  d^aertum^  eremodieium)^  according  to 
the  proof  which  the  plaintiff  had  made.  If  the 
phiintiff  did  not  appear,  the  defendant  could  de- 
mand an  acquittal  (Dig.  40.  tit  12.  s.  27.  §  1, 
49.  tit  1.  s.  28.  pr.) 

The  sentence  was  either  of  Absolutio  orCondem- 
natio.  That  part  of  the  formula  which  was  called 
the  Condemnatio  [Actio,  p.  12,  b],  empowered 
the  Judex  to  condemn  or  acquit  (oom/esraofv, 
abtolvere^  Gaius,  iv.  43).  The  defendant  might 
satisfy  the  plaintiff  after  the  judicium  had  been 
constituted  by  the  litis  oontestatio  (posi  acoeptum 
judicium^  Gaius,  iii.  180,  iv.  114),  and  before 
judgment  was  given ;  but  in  this  case  it  was  a 
disputed  question  between  the  two  schools  whether 
the  judex  should  acquit,  or  whether  he  should 
condemn  on  the  groimd  that  at  the  time  when  the 
judicium  was  constituted,  the  defendant  was  liable 
to  be  condemned  and  it  was  the  business  of  the 
judex  merely  to  follow  his  instructions.  The  dis- 
pute accordingly  involved  one  of  those  principles 
on  which  the  schools  were  theoretically  divided, 
—  the  following  out  of  a  legal  principle  to  all  its 
logical  consequences ;  but,  like  many  other  ques< 
tions  between  the  schools,  this  question  was  prac- 
tically of  no  importance,  as  the  plaintiff  would  not 
be  allowed  to  have  satisfiiction  twice. 

While  the  Legis  actiones  were  in  force,  the  judg- 
ment was  for  the  restitution  of  a  thing,  if  a  given 
thing  {corpus)  was  the  object  of  the  action  ;  but 
under  the  process  of  the  formula,  the  Judex  gave 
judgment,  pursuant  to  the  formula,  in  a  sum  of 
money,  even  when  a  piece  of  proper^  was  the  ob- 
ject of  dispute.  The  sum  of  money  was  either 
fixed  or  not  fixed  in  the  formula.  If  the  claim 
was  fiv  a  certain  sum  of  money,  the  amount  was 
inserted  in  the  condemnatio,  and  the  judex  was 
bound  to  give  that  or  nothing  to  the  plaintiff.  If 
the  claim  was  for  damages  or  satisfaction,  the 
amount  of  which  was  not  ascertained,  the  con- 
demnatio was  either  limited  to  a  sum  named  in 
the  formula,  and  which  the  judex  could  not  exceed 
except  at  his  own  peril  {l^em  suamjueiendo) ;  or, 
if  the  action  was  for  the  recovery  of  property  from 
the  possessor,  or  if  it  was  an  actio  ad  exhibendum, 
the  condemnatio  empowered  the  judex  to  condemn 
the  defendant  in  the  value  of  the  thing.  Gene- 
rally, the  term  in  the  formula  which  expressed  the 
value  which  was  the  object  of  the  demand  was, 
**  qnanti  res  est**  Res  may  mean  either  a  thing 
in  the  limited  sense  of  the  word,  or  genemlly  the 
daim  or  demand,  and  the  fixing  this  at  a  money 
value,  was  equivalent  to  litis  aestimatic  The  judex 
was  always  botmd  to  condemn  in  some  definite  sum, 
even  though  the  formula  did  not  contain  a  definite 
sum :  the  reason  of  which  is  obviotis,  for,  imless 
the  condemnatio  was  definite,  there  would  be  no 
judgment    ((}aius,  iv.  48—62.) 

The  following  is  the  distinction  between  an 
Arbitrium  and  Judicium,  according  to  Cicero  {pro 
Rose.  Com.  4)  :  —  In  a  judicium  the  demand  was 
of  a  certain  sum  or  definite  amoimt  {pecuniae 
certas)  ;  in  an  arbitrium,  the  amount  was  not  de- 
termined {inoaia).  In  a  judicium  the  plaintiff 
obtained  all  that  he  claimed  or  nothing,  as  the 
words  of  the  formula  show :  ^  Si  paret  H.  S.  nxto 
dari  oportere.**  (Compare  Gains,  iv.  50.)  The  cor- 
responding words  in  the  formula  arbitraria  were : 
I  ^  Quantum  aequius  melius  id  dari  ;**  and  their 
T  T  4 


04» 


JUDEX,  Jl/DICIUM. 


"squivalents  were,  *'  Ex  fide  bona,  Ut  inter  bonoc 
bene  agier.**  (Top.  17.)  In  a  dispute  alx>ut  dos, 
which  Cioero  calls  ""  arbitrioin  rei  uxoriae,^^  the 
words  **  Quod  aequius,  melius,**  were  added.  (Com- 
]HU^t}aiu8, 17.  47,  62.)  If  the  matter  was  brought 
before  a  judex,  properly  so  called,  the  judicium 
was  constituted  with  a  poena,  that  is,  per  spon- 
sionem  ;  there  was  no  poena,  when  an  arbiter  was 
demanded,  and  the  proceeding  was  by  the  formula 
arbitraria.  The  proceeding  by  the  sponsio  then 
was  the  strict  one  (ai^fustisaima /ormula  sponsionit^ 
Cic.  pro  Rote.  Com,  14) :  that  of  the  arbitiium 
was  ex  fide  bona,  and  the  arbiter,  though  he  was 
bound  by  the  instructions  of  the  formula,  was  al- 
lowed a  greater  latitude  by  its  terms.  The  engage- 
ment  between  the  parties  who  accepted  an  arbiter, 
by  which  they  bound  themselves  to  abide  by  his 
arbitrium,  was  Compromissum  (  pro  Rose  Com.  4. 
4) ;  but  this  term  was  also  employed,  as  it  appears, 
to  express  the  engagement  by  which  parties  agreed 
to  settle  their  differences  by  arbitration,  without 
the  intervention  of  the  praetor.  Cicero  appears  to 
allude  to  this  arbitration.  (Pro  P,  Qi»Wsb,  5  ; 
compare  Senec.  de  Bene/,  iil  7.) 

In  the  division  of  judicial  functions  between  the 
Magistiutus  and  Judex  consisted  what  is  called 
the  Ordo  Judiciorum  Privatorum,  which  existed  in 
the  early  periods  of  Rome,  and  continued  till  the 
time  of  Constantine-.  At  the  same  time  with  the 
Ordo  Judiciorum  Privatorum  existed  the  proceed- 
ing extra  ordinem  or  extraordinaria  cognitio,  in 
which  the  magistiatus  made  a  decision  by  a  de- 
cretnm,  without  letting  the  matter  come  to  a  judex. 
Finally,  under  the  later  empire  the  extraordinaria 
cognitio  supplanted  the  old  mode  of  proceeduig. 

According  to  Cicero  (pro  Caeeina^  2)  all  Judicia 
had  for  their  object,  either  the  settlement  of  dis- 
putes between  individuals  {cwUroverdcui)^  or  the 
punishment  of  crimes  {malejieia).  This  passage 
refers  to  a  division  of  Judicia,  which  appears  in  the 
Jurists,  into  Publica  and  Privata.  The  term  Pri- 
vata  Judicia  occurs  in  Cicero  {Top.  17),  where  it 
refers  to  the  class  of  Judicia  which  he  indicates  in 
the  Caecina  by  the  term  Controversiae.  The  term 
Publica  Judicia  might  not  then  be  in  use,  but  the 
term  Publica  Causa  is  used  by  Cicero  {pro  Bete. 
Amer.  c.  21)  with  reference  to  a  Judicium,  which 
by  the  Jurists  would  be  called  Publicum.  In  the 
Digest  (48.  tit.  1.  s.  1)  it  is  stated  that  all  Judicia 
are  not  Publica  in  which  a  crimen  was  the  matter 
in  question,  but  only  those  in  which  the  ofience 
was  prosecuted  under  some  lex,  such  as  the  Julia 
Majestatis,  Cornelia  de  Sicariis,  and  others  thrre 
enumerated.  The  Judicia  Popularia  or  Populares 
Actiones  as  they  axe  called  (Dig.  47.  tit  23.  s.  1) 
are  defined  to  be  those  by  which  **  sunm  jus 
populus  tuetur  ;**  and  tliey  agreed  with  the  Pub- 
lica Judicia  in  this,  that  any  person  might  be 
the  prosecutor,  who  was  not  under  some  legal  dis- 
qoaliiication.  The  Judicia  PopuH  (Cic.  BruL  27) 
were  those  in  which  the  populus -acted  as  judices ; 
and  accordingly  Cicero  enumerates  the  Populi  Ju- 
dicia among  others  when  he  says  {pro  Domo^  c 
1 3)  that  **  nihil  de  capite  civis,  aut  de  bonis,  sine 
judicio  senatus  aut  populi  aut  eorum  qui  de  quaque 
re  constitnti  judices  sint^  detrahi  posse.**  As  the 
Judicia  Publica  are  defined  by  the  jurists  to  be 
those  in  which  crimina  were  tried  by  a  special  lex, 
it  appears  that  the  Judicia  Populi,  strictly  so 
called,  must  have  fallen  into  disuse  or  have  gradu- 
ally become  unnecessary  after  the  Judicia  Publica 


JUDEX,  JUDICIUIC 

were  regulated  by  special  leges  ;  and  thni  tba 
Judicia  Publica  of  the  later  repnblicsn  period  Tr> 
present  the  Judicia  Populi  of  the  earlier  tirnesL  The 
Judicia  Populi  were  originally  held  in  the  Conitia 
Curiata  and  subsequendy  in  the  Centnriata  and 
Tributa.  A  lex  of  P.  Valerius  Pablicola  (Lir.  ii. 
8  ;  Cic  Rep.  iL  31)  gave  an  wppeal  {procoeatio)  to 
the  populus  from  the  magistratos ;  and  a  law  of 
C.  Sempronius  Gracchus  (Cic  pro  Rabir.  4)  de- 
clared  to  the  same  effect :  ^  Ne  de  capite  china 
Romanorum  injussu  populi  judicaretor.'** 

The  kings  presided  in  the  Judicia  Papnli,  and 
the  consuls    succeeded  to  their  autboritr.      Bm 
after  the  passing  of  the  Lex  Valeria  de  Provoca- 
tione  (b.  c  608)  persons  were  appointed  to  pfeside 
at  such  trials  as  affected  a  dtiaen'**  caput,  and 
they  were  accordingly  called  Quaesitores  or  Quae> 
stores  Parricidii  or  Raum  Capitaliom.  In  aome  cases 
(Liv.  iv.  51 )  a  plebiscitum  was  passed,  by  which  a 
magistrate  was  appointed  to  preside  at  the  jndidal 
investigation.     In  the  course  of  time,  as  cases  wctc 
of  more  frequent   occnrrenoe,  these  QuaestioQes 
were  made  Perpetuae,  that  is,  paiticular  ma^ 
strates  were  appointed  for  the  porpoee.     In  the 
year  149  B.  c.  the  tribune  L.  Calpaniins   Piso 
Frugi  carried  a  Lex  De  Pecuniia  Repetondis,  by 
which  a  Praetor  presided  at  all  sndi  trials  daring 
his  year  of  office,  from  which  time  the  Quaestio 
Repetundarum  became  Perpetua.     L.  SoUa  gave 
to  one  praetor  the  Quaestionea  de  Majestate,  and 
to  others  those  of  Peculatus  and  Ambitas  ;  and 
he  also  added  four  other  Quaestionea  Popetoae. 
Thus  he  carried  out  the  principle  of  the  Lex  Cal- 
pumia,  by  establishing  permanent  coorts  for  the 
trial  of  various  specified  oflSenoes^  and  the  pneton 
determined  among  themselves  in  which  of  tfaeae  new 
courts  they  should  severally  preside.  The  erdinair 
functions  of  the  praetor  urbanus  and  peregrinus 
were  not  interfered  with  by  these  new  arrange- 
ments.    The  Quaestiones  of  Sulk  were,  De  Repe- 
tundis,  Majestatis,  De  Sicariis  et  Vcoefids,  De 
Parricidio,  Peculatus,  Ambitus,  De  Nummis  Adol- 
terinis,  De  Falsis  or  Testamentaria,  and  De  Vi 
Publica.    But  in  special  cases  the  senate  aCill  some, 
times  by  a  decretum  appointed  the  oonsuh  as 
quaesitorea,  of  which  an  examde  oocors  in  Cicero. 
{Brui.  22.) 

Any  perron,  not  legally  disqualified,  might  be 
an  accuser  {aecueator)  in  a  Judicium  Pnblioun. 
On  such  an  occasion  a  praetor  generally  presided 
as  quaesitor,  assisted  by  a  judex  quaestionis  and  a 
body  of  judices  called  his  consilium.  The  judex 
quaestionis  was  a  kind  of  assistant  to  the  presidii^ 
magistratus,  according  to  some  opinions  ;  but  otben 
consider  him  to  be  a  quaesitor,  who  was  sometimes 
specially  appcnnted  to  preside  on  the  oocasiou  of  a 
quaestio.  (Walter,  GetckkkU  dee  Rom.  ReekiM, 
p.  861.)  The  judices  were  genendly  chosen  br 
lot  out  of  those  who  were  qualified  to  act  Both 
the  aocusator  and  the  reus  bad  the  privilege  of 
rejecting  or  challenging  {repcere)  such  judices  sa 
they  did  not  like.  (Cic  ad  AU.  i.  16.)  The  ja- 
dices  appointed  according  to  the  provisims  of  the 
Lex  Licinia  de  Ambitu,  b.  &  55,  were  cslled 
edititii,  and  these  were  judices  named  by  the  ac- 
cuser, whom  the  accused  (reus)  could  not  chal- 
lenge. (Cic.  pro  Ck.  PlamAh,  15,  17,  ed.  Wun- 
der,  ProUpom.  p.  Ixxvi)  The  judices  were  called 
editi,  when  they  could  be  chaUemred  by  the  reoi. 
In  many  cases  a  lex  was  passed  rar  the  miipoee  of 
regulating  the  mode  of  procedure.    In  the  natter 


JUDEX,  JUDICIUM, 
of  Oodius  ftnd  tbe  Bona  Dea,  the  aeiute  attempted 
ti  emny  a  lex  by  -which  the  praetor  who  wm  to 
f^rstde  at  the  trial  should  he  empowered  to  select 
ibe  judices^  the  effect  of  which  would  hare  heen  to 
pEnr-rc&t  their  bein^  challei^ed  hy  Clodiiis.  After 
s  violent  ■tmggle,  a  lex  for  the  regulation  of  the 
irjl  was  pnpoeed  bj  the  trihime  Fufins  and  car- 
ried: it  onlj  difiiered  from  the  lex  recommended 
It  the  senate  in  the  mode  of  determining  who 
ft^:ocId  be  the  jndioes  (Judiemm  gemu) :  a  differ- 
face  however  wbich  was  not  unimportant,  as 
ft  sccnred  the  acquittal  of  Clodins.  The  jndioes 
Tcted  by  ballot,  and  a  majority  determined  the 
acf^utttal  or  condemnation  of  the  accused.  If  the 
1XCS  were  equal,  there  was  an  acquittal  (Plot. 
.Ifanas,  5).  Each  judex  was  provided  with  three 
taSlets  {fnbm1ae\  on  one  of  which  was  marked 
.V.  AbaolTo  ;  on  a  second  C,  Condemno  ;  and  on  a 
t-iird  N.  LI,  Non  liquet.  The  jndices  Toted  by 
puiclc^  one  of  these  tablets  in  the  urn  (tmto, 
JaT.  SaL  T.  4X  which  was  then  examined  for  tbe 
r'STpose  of  ascertaining  the  votes.  It  was  the  duty 
of  the  magistrBtus  to  pronounoe  the  sentence  of 
the  jodiccs  ;  in  the  case  of  condemnation,  to  ad- 
n.dge  the  legal  penalty  ;  of  acquittal,  to  declare 
tim  acquitted  ;  and  of  doubt,  to  declare  that  the 
Ratter  mnai  be  further  investigated  {ampUua  eogno- 

Mention  is  dten  made  of  the  indicia  Populi  in  the 
Latin  wnters.     A  Judicium  was  commenced  by 
tbe  aecaaer,  who  must  be  a  magistiatns,  dedanng 
h  a  contioi,  that  he  would  on  a  certain  day  accuse 
a  certain  person,  whom  he  named,  of  some  offence, 
vbich  he  also  specified.     This  was  expressed  by 
the  phraae  **  diem  dicere**  (  Virgiamu  Caemmi  capi- 
ti*  diem  daeii^  Liv.  iii.  11).  If  the  oUender  held  any 
high  ofiee,  it  was  necessary  to  wait  till  his  time  of 
arrriee  had  expired,  before  proceedings  could  be 
tbas  oonmienced  against  him.     The  accused  wns 
r-quiied  to  give  security  for  his  appearance  on  the 
day  of  trial ;  the  security  was  called  vades  in  a 
loiua  capttalia,  and  prsedes  when  the  penalty  for 
the  alleged  offenee  was  pecnniaiy.     If  such  secu- 
rity was  not  giren,  the  accused  was  kept  in  con- 
tiimnent  (Liv.  iii.  13.)     If  nothm^  prevented  the 
inquiry  from  taking  place  at  the  thne  fixed  for  it, 
tbe  tinl  proceeded,  and  the  accuser  had  to  prove 
hi«  case  by  evidence.     The  investigation  of  the 
facts  was  called  Anquisitio  with  reference  to  the 
yrcfmed  peulty :  accordingly,  the  phrases  pecunia, 
capite  or  capitis  anquiiere,  are  used.  (Liv.  xxvi.  3.) 
Wben  the  iuTestigation  was  concluded,  the  magis- 
tntns  promulgated  a  n^tio,  which  comprehended 
the  charge  and  the  punishment  or  fine.    It  was  a 
rale  of  law  that  a  fine  should  not  be  imposed  toge- 
ther with  another  punishment  in  the  same  rogatio. 
(Cic  pro  Dam.  c.  17.)     The  rogatio  was  made 
pablic  during  three  nundixiae,  like  any  other  lex  ; 
and  proposed  at   the  comitia  fi>r  adoption  or  re- 
jtctioo.     The  fimn  of  the  rogatio,   the  effect  of 
which  was  to  drive  Cicero   into  banishment,  is 
giten  in  the  Oration  Pro  Domoy  c.  18.    The  ac- 
cQsed  sometimes  withdrew  into  exile  before  the 
votes  were  taken  ;  or  he  might  make  his  defence, 
of  which  we  have  an  instance  in  the  oration  of 
Cictio  for  Rabirius.     Though  these  were  ddled 
Jodida  Populi,  and  properly  so  in  the  early  ages 
of  the  itit^  the  leges  passed  in  such  judicia  in  the 
latter  period  of  the  republic  were  often  Plebiscita. 
The  oflReoces  which  were  the  chief  subject  of 
Jodida  Populi  and  Puhlica  were  Majestas,  Adul- 


JUDEX,  JUDICIUM. 


649 


tcria  and  Stupra,  Parricidinm,  Falsnm,  Vis  Puh- 
lica and  Privata,  Peculatus,  Repetundae,  Ambitusy 
which  are  treated  under  their  several  heads. 

With  the  passing  of  special  enactments  for  the 
pimishment  of  particular  offences,  was  introduced 
the  practice  of  forming  a  body  of  Judices  for  the 
trial  of  such  offences  as  the  enactments  were  di- 
rected against  Thus  it  is  said  that  the  Lex  Cal- 
pumia  De  Pectmiis  Repetundis  established  the 
Album  Judicnm  Selectorum,  or  the  body  out  of 
which  Judices  were  to  be  chosen.  It  is  not  known 
what  was  the  number  of  the  body  so  constituted, 
but  it  has  heen  conjectured  that  the  number  was 
350,  and  that  ten  were  chosen  from  each  tribe, 
and  thus  the  origin  of  the  phrase  Decuriae  Judi- 
cnm is  explained.  It  is  easy  to  conceive  that  tho 
Judicia  Populi,  properly  so  called,  would  be  less 
frequent  as  special  leges  were  framed  for  particular 
offences,  the  circnmstanoes  of  which  could  be 
better  investigated  by  a  smaller  body  of  Judices 
than  by  the  assembled  people.  It  is  affirmed  that 
up  to  the  passing  of  the  Calpumia  Lex,  the 
Judices  were  chosen  from  the  senators  only,  but 
after  this  time  they  were  not  taken  from  that  body 
exclusively ;  and  further,  that  not  only  the  Ju- 
dices in  the  Quaestiones  de  Repetundis,  but  also 
the  Judices  in  private  matters  were  from  the  date 
of  this  lex  taken  £rom  the  Album  Judicum  which 
was  annually  made  (Ooettling,  GemsUekte  der  Rom. 
Siaatavtrf€U8imffy  p.  425)  ;  for  which  there  appears 
to  be  no  evidence.  Some  modem  writers  affirm 
that  by  the  Lex  Calpumia  the  Judices  were  chosen 
by  the  Praetor  annually  out  of  the  body  of  sena- 
tors, and  arranged  according  to  their  tribes  ;  and 
that  the  necessary  number  for  each  trial  was 
chosen  out  of  this  body  by  lot 

As  many  of  those  who  were  tried  in  the  quaes- 
tiones perpetuae  belonged  to  the  class  of  the  Op- 
timates,  it  often  happened  that  the  Jndices  ac- 
quitted those  members  of  their  own  body,  who 
would  have  been  convicted  by  impartial  judices. 
Accordingly  a  struffgle  arose  between  the  popuhir 
party  and  the  Optimates,  whom  the  popular  party 
wished  to  exclude  from  the  office  of  Judex.  The 
laws  which  relate  to  the  constitution  of  the  body 
of  Judices  are  called  Judiciariae,  whether  these  laws 
rehited  only  to  this  matter,  or  made  rules  about 
it  and  other  things  also.  The  first  lex  which  ex* 
eluded  tho  Senators  from  the  Album  judicum 
selectorum  was  a  Lex  Sempronia  of  C.  Gracchus, 
B.C.  123,  in  accordance  with  which  tbe  judices 
were  taken  only  from  the  Equites.  This  arrange- 
ment lasted  above  forty  years,  and  gave  satis&c- 
tion  to  the  popular  party  ;  but  it  did  not  work 
well  in  all  respects,  because  the  magistrates  in  the 
provinces  fiivoured  the  rapacity  of  the  Publicani,  in 
order  to  keep  on  good  terms  with  the  Equites, 
to  which  chiss  the  Publicani  belonged.  (Cic.  Verr. 
iiL  41.)  A  Lex  Servilia  (^pionis  b.  a  106  is 
said  to  have  repealed  the  Sempronia  Lex ;  but 
this  Lex  Servilia  was  itself  repealed  by  a  Lex 
Servilia  Olauciao  repetundaram,  probably  in  b.  c. 
104.  This  Lex  is  said  to  have  given  the  Judicia 
to  the  Equites,  and  consequently  it  either  repealed 
the  Lex  of  B.  c.  106  indirectly,  or  it  may  merely 
have  confirmed  the  Lex  Sempronia ;  for  the  real 
nature  of  the  Lex  of  b.  a  106  is  hardly  ascer- 
tainable. There  is  a  passage  in  Tacitus  (Annal, 
xiL  60)  in  which  he  speaks  of  the  Serviliae  leges 
restoring  the  Judicia  to  the  senate.  The  Lex 
Sen-ilia  of  b.  c.  104  excluded  from  the  function  of 


650  JUDEX,  JUDICIUM. 

Judices  erery  penon  who  had  been  tribunus 
plebis,  quaestor,  tritunvir  capitalia,  tribunus  miJi- 
tum  in  one  of  the  fint  four  legions,  trinniTir  agris 
dandis  aBsignandia,  who  was  or  had  been  in  the 
senate,  who  was  infamis,  every  person  who  was 
ander  thirty  or  above  sixty  years  of  age,  every 
person  who  did  not  live  in  Rome  or  in  the  inune- 
dtate  neighbourhood,  every  &ther,  brother,  or  son 
of  a  person  who  was  or  had  been  in  the  senate, 
and  every  person  who  was  beyond  seas.  The 
Praetor  who  presided  in  this  Quacstio,  was  to 
choose  450  judices,  from  whom  the  Judices  for 
the  particular  case  were  to  be  taken  by  lot. 
(Fragmenta  Legis  Serviliae  Repetundarum,  &c. 
C.  A.  a  Klenze,  Berlin,  1825,  4to.) 

The  attempts  of  the  tribune  M.  Livins  Dni- 
sus  the  younger  had  no  result  [Lsgba  Livzab]. 
A  Lex  Plautia  b.  &  89  enacted,  that  the  Judices 
should  be  chosen  by  the  tribes,  five  by  each 
tribe,  without  any  distinction  of  chiss.  The  Op- 
tiroates  triumphed  under  L.  Cornelius  Sulla,  who 
by  a  Lex  Cornelia  b.  c.  80  enacted  that  the  Ju- 
dices should  bo  taken  exdusively  Ccom  the  Sena- 
tors. But  a  Lex  Aurelia  (a  c.  70)  enacted  that  the 
Judices  should  bT  chosen  nom  me  three  chuses  — 
of  Senators,  Equitcs,  and  Ti^uni  Aerarii  (Veil,  it 
32.)  The  Tribuni  Aerarii  weft  l&ken  from  the 
rest  of  the  citisens,  and  were,  or  ought  to  have 
been,  persons  of  some  property.  Thus  the  three 
decuriaa  of  Judices  were  formed ;  and  it  was  either 
in  consequence  of  the  Lex  Aurelia  or  some  other 
lex  that,  instead  of  one  urn  for  all  the  tablets, 
the  decnriae  had  severally  their  balloting  urn,  so 
that  the  votes  of  the  three  classes  were  known. 
Dion  Cassius  (xxxviii.  8)  ascribes  this  regulation  to 
a  Lex  Fufia,  and  he  says  that  the  object  was  that 
the  votes  of  the  dccuriae  (Wnj,  y4tni)  might  be 
known,  though  those  of  individuals  could  not, 
owing  to  the  voting  being  secret  It  is  not  known 
if  the  Lex  Aurelia  determined  the  number  of  Ju- 
dices in  any  given  case.  A  Lex  Pompeia  passed 
in  the  second  consulate  of  Pompey  (b.  c.  55), 
seems  to  have  made  some  modifications  in  the  Lex 
Aurelia,  as  to  the  qualification  of  the  Judices  ;  but 
the  new  provisions  of  this  lex  are  only  known 
from  Asconius,  who  explains  them  in  terms  which 
are  very  hr  from  being  clear.  The  Lex  Pompeia 
de  Vi,  and  De  Ambitu  (b.  c.  52)  determined  that 
eighty  judices  were  to  be  selected  by  lot,  out  of 
whom  the  accuser  and  the  accused  might  reject 
thirty.  In  the  case  of  Clodius  (b.  a  61),  in  the 
matter  of  the  Bona  Dea,  there  were  fi(^y-six  judices. 
It  is  conjectured  that  the  number  fixed  for  a  given 
case,  by  the  Lex  Aurelia,  was  seventy  judices. 

A  Ler  pT^wifiT^  9f  Julius  Caesar  (Sueton.  Jtd. 
41  ;  Cic.  Fmip,  L  8)  took  away  the  deairia  of 
the  Tribuni  Aerarii,  and  thus  reduced  the  judices 
to  two  Masses  ^ffenmr^  the  y^vri  of  Dion  Cassius). 

A  Lex  Judiciaria,  passed  after  his  death  by  M.  . j 

Antoniusy  restored  the  decuria  of  jJicTriKmi  ^he  fiict  that  while  the  Lex  Sempronia  wn  m 


Aernhi,  but  required  no  pecuniary  qualification 
from  them :  the  only  qualification  which  this  lex 
required  was,  that  a  person  should  have  been  a 
centurion  or  have  served  in  the  legions.  It  appears 
that  the  previous  Lex  Pompeia,  Lex  Aurelia,  and 
a  Lex  of  Caesar,  had  given  to  those  who  had  been 
centurions  (qui  ordines  dtuerant)  the  privilege  of 
being  judices  (Judioahul),  but  still  they  required  a 
pecuniary  qualification  {census).  The  Lex  of  An- 
tonius,  besides  taking  away  the  pecuniary  qualifi- 
eation,  opened  the  judicia  to  the  soldiers.    (Cic 


JUDEX,  JUDICIUM. 

PkiL  i.  8,  V.  5  ;  Sueton. «/.  Cats.  c.  41.)  It  seeici 
probable  that  the  expressioa  ev  cemlsuus^  whidi  is 
used  by  Asconius  in  speaking  of  Use  change  i&trv 
duced  by  this  Lex  Pompeia,  had  re&xeaet  to  the 
admission  of  the  eenturiooa  into  the  tfcixd  dass  of 
judices. 

Augustus,  who  altered  the  wbole  conatitBtioa  d 
the  body  of  judices  by  his  legea  judiaanm  psb- 
licorum  et  privatorum,  added  to  the  exiitisr 
three  Decuriae  Judicnm,  a  fourth  Decnria,  called 
that  of  the  Ducenarii,  who  had  a  lover  pecuniarr 
qualification,  and  only  decided  in  rnnsJkr  matten 
(de  1^^^r4}^  ^/«^».«^  ft««*fr>«  ^^  ^  Ca3. 
gula  (Sueton.  Calip,  i6Jt. added. j»Jifth  Deem, 
m  order  to  cUminuh  the  labours  of  the  judic«i. 
Augustus  had  already  allowed  each  Decmia,  in  ta 
turn,  an  exemption  for  one  yeai;  and  had  rriieved 
them  from  sitting  jiLtbaQpnths.  pCJKUafivlMr  aed 
Decemberr  The  whole  number  of  jodioes  was 
raised"^  Augustus  to  near  4000  (Plin.  Hut 
Nat,  xxxiii.  7) ;  and  the  judices  in  dvil  cases 
were  taken  out  of  this  body.  Thej  were  Amsx 
by  the  Praetors  out  of  the  peiaons  who  had  t^ 
property  qualification,  and  the  daty  of  aerri&f 
as  a  judex  thus  became  one  of  the  bmdens  \m 
which  citizens  were  liable. 

As  to  the  whole  nnmbw  of  judices,  indoded  at 
any  given  time  .in  the  Album  Judicnm,  it  seaos 
almost   impossible  to  state  any  thing  with  inci- 
sion ;  but  it  is  obvious  from  what  has  been  t^ 
that  the  number  must  have  varied  with  the  vari- 
ous changes  already  mentioned.     After  the  time  of 
Augustus  the  number  was  aboat  four  thousand, 
and  from  this  period,  at  least,  there  is  no  doobt  that 
the  Alb^iiB^Jttdicum  contamed  the  whole  nonber 
of  persons  who  were  qualified  to  act  as  judices, 
both  in  Judicia  Privata  and  Judicia  Pahli».     The 
fourth  Decuria  of  Augustus  was  limited  in  its  faac- 
tions  to  the  Judicia  Privata  in  which  the  natter  ia 
dispute  was  of  small  value.      It  is  often  stated 
by  modem  writers,  without  any  qualification,  that 
the  various  changes  in  the  judiciary  body  finosa  the 
time  of  the  Lex  Calpnmia  to  the  end  of  the  re- 
public had  reference  both  to  the  Jndida  Pnblica 
and  Privata  ;  though  it  ia  also  stated  that  the  ob- 
jects of  these  various  enactments  were  to  elevate 
or  depress  one  of  the  great  parties  in  the  state,  bv 
extending  or  limiting  the  body  out  of  which  the 
judices  in  any  given  case  were  to  be  chosen.    Bat 
it  is  obvious  that  these  reasons  do  not  apply  to  the 
matter  of  Judicia  Privata,  in  which  a  single  jadex 
genezally  acted,  and  which  mostly  conoenied  mat- 
ters of  property  and  contract     Aoeordingly,  a  lu- 
cent writer  (Walter,  Gssekidkta  des  KSm.  RatHf^ 
p.  716)  has  observed  with  more  caution  than  some 
of  his  predecessors,  that  **  there  is  no  doabt  that 
from  the  time  of  Augustus   the  Album  Jvdicsm 
had  reference  to  the  judiees  in  civil  nattefi)  but 
that  as  to  earlier  times  a  difiiculty  arises  fioa 


forces'  by  which  the  senators  were  excluded  from 
the  Afbum  Judicum,  a  Consularis  is  mentioned  as 
a  judex  (Cic.  de  Qf.  iii.  19)  ;  and,  on  the  otiier 
hand,  an  Eques  is  mentioned  as  a  judex  at  a  time 
when  the  Lex  of  SulUi  was  in  fime,  and  eoose- 
quently.senators  only  could  be  judices.  {dcPro 
Hose,  Com,  c  14.)  '*  These  instances  certainly  are 
inconsistent  with  the  fiict  of  the  Judicia  Privata 
being  regulated  by  the  varioos  Legis  Jndiciariae ; 
but  they  are  of  small  weight,  compared  with  the 
reasons  derivable  from  the  chancter  of  the  twt 


JUDEX  PEDANEUS. 

kinds  of  Judkaa  and  the  difference  in  the  mode  of 
^^neednnv  which  lender  it  ahnest  a  matter  of  de> 
lacascration  that  the  Tarions  changes  in  the  judi- 
ciarr  body  bad  reference  to  the  Qnaettionei  and 
Jadjcia  Pablica.  It  is  true  that  some  of  these 
L  ^  may  have  contained  prorisions  even  as  to 
Jadk^a  PriTata,  for  many  of  the  Roman  leges  con- 
uined  a  great  Tariety  of  legislative  provisions,  and 
it  is  also  true  that  we  are  very  imperfectly  ac- 
quainted with  the  prorisions  of  these  Leges  Judi- 
rsiriae ;  hnt  that  the  rcgnlation  of  the  Judicia 
Privata  was  indnded  in  their  provisions,  in  the 
a  me  Ibnn  and  to  the  same  extent  as  that  of  the 
Jtzdicia  Pablica,  is  an  assertion  totally  unsupported 
It  evidenee,  and  one  which  leads  to  absurd  con- 
cicsiona.  Two  Leges  Juliae  together  with  a  Lex 
Aehotia  put  an  end  to  the  Legis  Actiones  (Oaius, 
IT.  30) ;  and  a  Lex  Julia  Judiciaria  limited  the 
time  of  the  Judicia  LqpUma  (Oaius,  iv.  104) :  but 
It  does  not  appear  whether  these  leges  were  passed 
f'lclj  for  these  objects,  or  whether  their  provisions 
^eie  part  of  some  other  leges. 

BethmaaD-HoIlweg  {Haadbackdea  Otvifpnzeues, 

p.  13)  obaerree:  **  the  establishment  of  a  more 

iL-sited  body  of  jndicesout  of  the  senatorial  body 

^albua   jodkum    selectonmi),   A.  v.  c.  605,   the 

transfer  of  this  privilege  to  the  equites,  by  C. 

Gncchoa,  the  division  of  it  between  both  chisses 

after  long  stniggles  and  changes,  and  even  the 

giving  it  to  the  third  class,  whereby  three  classes 

or  decariae  of  jadlces  were  established  ;  all  these 

changea,  which  were  so  important  in  a  constitutional 

point  of  view,  referred  especially  to  the  criminal 

proceedings  which  were  politically  so  important.** 

Thoogh  the  general  character  of  the  Roman 

Jadida,  and  the  modes  of  procedure  both  in  civil 

aod  criminal  matters,  are  capable  of  a  sufficiently 

dear  exposition,  there  is  much  uncertainty  as  to 

many  detuls,  and  the  whole  subject  requires  a 

eaceful  examination  by  some  one   who  combines 

with  a  competent  knowledge  of  the  original  autho« 

ritiea,  an  accniate  afqnaintance  with  the  nature  of 

Icffal  procedure. 

The  following  works  may  be  referred  to:  — 
Walter,  GeacUekle  de$  Rom,  ReekU ;  Ooettling, 
GVfoiuiife  der  Rom.  Staatawrfanmig  ;  Heinec- 
ciuA,  Sj/Klagmoj  &c. ;  Tigerstrom,  l)€  Judicibus 
•fmd  Romamot,  BerL  1826,  valuable  only  for  the 
collecligQ  of  the  original  authorities :  Keller,  Ueber 
Litis  OmlHkakm  und  Uttkeil^  &c.  ZUrich,  1827 ; 
Bethmann-Hollweg,  Handbuck  det  CmUproxettea^ 
Bonn,  1834  ;  P.  Invemixii,  De  Pul/iidt  et  Crimu 
malibta  Jwdidu  AoflMMorasi,  Libri  Tres,  Leipzig, 
\U6  i  Puchta,  Insta.  I  §  71,  ii.  §  151,  &c. ; 
GaiDs.  iv.  •  Dig.  5.  tit.  1.  De  Judidu  ;  Dig.  48. 
Ik  JwdkHs  Pmbficig;  Inst.  iv.  tit  18.)  [O.  L.] 
JUDEX  ORDINA'RIUS.     [Judbx  Pkda- 

XEITS.] 

JUDEX  PEDA'NEUSb  The  origin  and  mean- 
ing of  this  term  seem  to  be  unknown.  It  is  not 
aaed  by  the  cfavsical  Roman  writers.  The  judices 
to  whom  the  praetor  or  praeses  referred  a  matter  in 
litigation  with  the  usual  instructions,  were  some- 
timei  cslled  Pedanei.  (TheophiL  iv.  15  ;  Cod.  3. 
tit.  3k)  Subsequently  the  praeses,  who  was  now 
•ometimes  designated  Judex  Ordinarius  or  Judex 
•ioiply  {Cod,T%eod.  1.  tit  7),  decided  most  matters 
▼itbont  the  intervention  of  a  Judex  ;  but  still  he 
vas  empowered  to  appoint  a  permanent  body  of 
indices  for  the  decision  of  less  important  matters, 
and  thcie  also  were  called  Judices  Pedanei,  **  hoc 


JUOERUM. 


651 


est  qui  nq^otia  humiliora  disceptent**  (Cod.  3. 
tit  3.  s.  5.)  The  proceedings  before  this  new  kind 
of  Judices  Pedanei  were  the  same  as  before  the 
praeses.  Some  modem  writers  are  of  opinion  that 
these  new  pedanei  judices  did  not  form  a  perma- 
nent court,  but  only  decided  on  matters  which  were 
referred  to  them  by  a  superior  authority.  (Cod.  3. 
tit  3.)  The  reason  of  these  judices  receiving  a  dis- 
tinctive name  is  conjectured  to  be  this,  that  the 
magistrate  himself  was  now  generally  called  Judex. 
The  Greek  translation  of  Pedaneus  is  x<Vx8i- 
KmrHis  (Theophfl.  iv.  15.  pr.)  [O.  L.] 

JUDEX  QUAESTIO'NIS.  [JuDBX,p.648.] 

JUDICA'TI  ACTIO.  A  thing  was  a  Res 
judicata,  when  the  matter  in  dispute  had  been  de- 
termined by  a  judicial  sentence  ;  and  the  actio 
judicati  was  a  mode  which  the  successful  party 
might  adopt,  for  obtaining  a  decree  of  the  magis- 
tratus  by  which  he  could  take  possession  of  the 
property  of  the  person  who  had  lost  the  cause  and 
nad  not  satisfied  the  judgment  The  plaintiff  in 
the  actio  judicati  was  also  protected  in  his  posses- 
sion of  the  defendantiB  property  by  a  special  inter- 
diet,  and  he  was  empowered  to  sell  it  The  party 
condemned  was  limited  as  to  his  defence.  Origin- 
ally the  judicatus  was  obliged  to  find  a  vindex 
(rtaduxm  dare)  ;  but  in  the  time  of  Oaius  it  had 
become  the  practice  for  him  to  give  security  to 
the  amount  of  the  judgment  (Judieatum  eolvi  mxtia- 
dare).  If  the  defen£uit  pleaded  that  there  was 
no  res  judicata,  he  was  mulcted  in  double  the 
amount  of  the  judgment,  if  his  plea  was  false. 

The  actio  judicati,  as  a  peculiar  obligation,  is 
merely  the  development  and  completion  of  the 
obligatio  which  is  founded  on  the  Litis  Contes- 
tatio  ;  but  this  peculiar  obligatio  is  merely  another 
form  of  execution,  and  it  participates  in  the  general 
nature  of  the  process  of  execution.  The  general 
nature  of  the  actio  judicati  appears  from  the  fol- 
lowing passages.  (Dig.  42.  tit  1.  s.  4,  5,  6,  7,  41. 
§  2,  43,  44,  61).     Savigny,  Systemy  &c.  vL  p.  41 1. 

(Gains,  iv.  9,  25,  171,  102  ;  Cic  pro  Fiaec,  21  ; 
Paulus,  5.  R.  1.  tit  19.)  [O.  L.] 

JU'DICES  EDITI,  EDITI'TIL  [Judex, 
p.  646.] 

JUDI'CIA  DUPLrCIA.  [Familiab  Ercis- 
cuNDAB  Actio.] 

JUDI'CIA  LEOl'TIMA.  [Imfbrium,  p. 
628,  b.,  p.  629,8.] 

JUDI'CIA  QUAE  IMPE'RIO.  [Impbrium, 
p.628,b,  p.  629,  a.] 

JUDI'CIUM.    [Judex.] 

JUDI'CIUM  POTULI.     [Judex,  p.  648.] 

JUDI'CIUM  PRIVATUM,  PU'BLICUM. 
[Judex,  p.  648.] 

JU'GERUM  or  JUGUS  (the  ktter  form,  as  a 
neuter  noun  of  the  third  declension,  is  very  com- 
mon in  the  oblique  cases  and  in  the  plural),  a 
Roman  measure  of  surfiice,  240  feet  in  length  and 
120  in  breadth,  containing  therefore  28,800  square 
feet  (Colum.  i?./}.  v.  1.  §  6  ;  QuintiL  L  18.)  It 
was  die  double  of  the  Adut  Quadraiusj  and  from 
this  circumstance,  according  to  some  -^ters,  it 
derived  its  name.  (Vairo,  L.  L.  v.  35,  MUller, 
R,R.  L  10).  [AcTua]  It  seems  probable  that, 
as  the  word  was  evidently  originally  the  same  as 
jvgme  or  juffum^  a  yoke,  and  as  actut^  in  its  original 
use,  meant  a  path  wide  enough  to  drive  a  single 
beast  along,  that  jugerum  originally  meant  a  path 
wide  enough  for  a  yoke  of  oxen,  namely,  the 
double  of  the  actu$  m  width  ;  and  that  when  actue 


632 


JUGUM. 


was  used  for  a  iquare  measure  of  nu&ce,  the  Ju- 
gerum^  by  a  natural  analogy,  became  the  double  of 
the  actus  quadratua ;  and  that  this  new  meaning 
of  it  f  upeneded  its  old  use  as  the  double  of  the 
single  aeitu.  The  uncial  division  [As]  was  ap- 
plied to  the  jugermm^  its  smallest  part  being  the 
aempvlum  of  10  feet  square,  =  100  square  feet 
Thus  the  jufferum  contained  288  scrupula.  (Varro, 
R.  R.  I.  e.)  The  jngemm  was  the  common  mea* 
sure  of  land  among  the  Romans.  Two  jugera 
formed  an  heredium,  a  hundred  keredia  a  eetituria^ 
and  four  eeniuriae  a  taltus.  These  divisions  were 
derived  from  the  original  assignment  of  landed 
property,  in  which  two  jugera  were  given  to  each 
citizen  as  heritable  property.  (Varro,  Lc;  Nie- 
buhr,  Hitt.  of  Rome^  vol.  ii.  pp.  156,  &&,  and  Ap- 
pendix ii.)  [P.  S-J 

JUGUM  (Oo^**  f«0^»')»  signified  in  general 
that  which  joined  two  things  together.  It  denoted 
more  especially, 

1.  In  architecture  any  cross  beam  (Vitrur.  x.  8. 
19). 

2.  The  transverse  beam  which  united  the  up- 
right posts  of  a  loom,  and  to  which  the  warp  was 
attached.  (Ovid.  Met  vi.  55.)     [Tbla] 

3.  The  transverse  rail  of  a  trellis  (Varro,  ds  Re 
Ruel.  i.8  ;  Col.  de  Re  Rud,  iv.  17,  20,  xil  15, 
Geopon,  v.  29),  joining  the  upright  poles  {petiioae^ 
X^ipcucts)  for  the  support  of  vmea  or  other  trees. 
[Capistrum.]  Hence  by  an  obvious  resemblance 
the  ridges  uniting  the  tops  of  mountains  were 
called  juga  moutium,  (Virg.  EeL  v.  76  ;  Flor.  il 
3,  9,  17,  iiL  3.) 

4.  The  cross-bar  of  a  lyre.  (Horn.  /?.  ix.  187.) 

5.  A  scale-beam,  and  hence  a  pair  of  scales 
[Libra].  The  constellation  Libra  was  conse- 
quently also  called  Jugum.  (Cic.  Div,  il  47.) 

6.  The  transverse  seat  of  a  boat  (AeschyL 
Jgain.  1608  ;  Soph.  Jjax,  247  ;  Virg.  ^m.  vi. 
411.^  This  gave  origin  to  the  term  (vyirriSy  as 
applied  to  a  rower.  A  vessel  with  many  benches 
or  banks  for  the  rowers  was  called  vrivs  trokvC^yos 
or  iKaT6{vyos.  (Hom.  //.  iii.  293,  xx.  247.) 

7.  The  yoke  by  which  ploughs  and  carriages 
were  drawn.  The  yoke  was  in  many  cases  a 
straight  wooden  plank  or  pole  laid  upon  the 
horses*  necks  ;  but  it  was  commonly  bent  to- 
wards each  extremity,  so  as  to  be  accommodated 
to  the  part  of  the  animal  which  it  touched  {eurva 

Juga^  Ovid.  Ftut,  iv.  216,  TWrf.  iv.  6.  2).  The 
following  woodcut  shows  two  examples  of  the 
yoke,  the  upper  from  a  MS.  of  Hesiod^  Works 
and  Days,  preserved  at  Florence,  the  lower  from  a 
MS.  of  Terence  belonging  to  the  Vatican  library. 
These  may  be  compared  with  the  still  ruder  forms 
of  the  yoke  as  now  used  in  Asia  Minor,  which  are 
introduced  in  the  article  Aratrum.  The  practice 
of  having  the  yoke  tied  to  the  horns  and  pressing 
upon  the  foreheads  of  the  oxen  (cognte^  non  eervioe 
junctUy  Plin.  H,  N,  viii.  70),  which  is  now  com- 
mon on  the  continent  of  Europe,  and  especially  in 
France,  is  strongly  condemned  by  Columella  on 
grounds  of  economy  as  well  as  of  humanity.  {De 
Re  RwL  ii.  2.)  He  recommends  that  their  heads 
should  be  left  free,  so  that  they  may  raise  them 
aloft  and  thus  make  a  much  handsomer  appearance. 
(Cic  Nat.  Deor,  ii.  63;  Ovid.  Met,  vii.  211.) 
AH  this  was  efiected  by  the  use  either  of  the  two 
oollan  (tuhjugia,  Vitrur.  x.  8.  8  ;  fita-dSa^  Hesiod. 
Op.  et  Dies,  469  ;  Proclus,  ad  loc.  ;  ft <JyAo*,  Hom. 
IL  xix.  406  J    Schol.  ad  ApoU,  Rhod.  iii.  232) 


JUGUM. 

shown  in  the  upper  figure  of  the  woodcnt,  or  of  tH4 
excavations  {yXv^)  cut  in  the  yoke,  'vitii  tn* 
bands  of  leather  {lora;  rmda^  Tib.  iL  1.  7  ;  tchn 
poStTtp  fivpvoM  iweutx^^n'^i  fimnck,  AmaL  iii.  44, 
Xcird3m),  which  are  seen  in  the  lower  figure. 


This  figure  also  shows  the  metliod  of  tying  the 
yoke  to  the  pole  {temo^  fvfUs)  by  means  of  a 
leathern  strap  {(vyi^wfunf^  Horn.  IL  ▼.  730,  xxir. 
268—274),  which  was  lashed  from  the  two  op- 
posite sides  over  the  junction  of  the  pole  and  yoke. 
These  two  parts  were  still  more  firmly  ooonected 
by  means  of  a  pin  (Ift^oXot,  SchoL  m  Bmr^  Hip- 
pol.  666 ;    f^Tcip,   Hom.  L  e. ;  Anian.  Ejpei. 
Alex.  ii.  p.  85,  ed.  Blan. ;  Mp»pvem^  Hes.  il  c\ 
which  fitted  a  circular  cavity  in  the  middle  of  the 
yoke  (^/A^oXbr,  Hom.  L  c).    Homer  represents  the 
leathern  band  as  turned  over  the  frstening  thrice 
in  each  direction.    But  the  fastening  was  some- 
times much  more  complicated,  especially  in  the  case 
of  the  celebrated  Oordian  knot,  which  tied  the 
yoke  of  a  common  cart,  and  consisted  only  of  flexi- 
ble twigs  or  bark,  but  in  which  the  en<b  vrere  so 
concealed  by  being  inserted  withm  the  knot,  that 
the  only  way  of  detaching  the  yoke  was  that  which 
Alexander  adopted.   (Anian,  L  e.;  Q.  Curt  iiL  2 ; 
SchoL  in  Eurip.  L  c) 

Besides  being  variegated  with  predous  materials 
and  with  carving,  the  yoke,  especially  among  the 
Persians,  was  decorated  with  elevated  plumes  and 
figures.  Of  this  an  example  is  presented  in  a 
bas-relief  from  PcrBepolis,  preserved  in  the  British 
Museum.  The  chariot  of  Dareius  was  remaikahle 
for  the  golden  statues  of  Belus  and  Nmus,  aboQt 
eighteen  inches  high,  which  were  fixed  to  the  yoke 
over  the  necks  of  the  horses,  a  spread  eagle,  also 
wrought  in  gold,  being  placed  between  them.  (Q. 
Curt  iii.  3.)  The  passages  above  cited  show  tint 
when  the  carriage  was  prepared  for  use,  the  yoke 
which  had  been  laid  aside,  was  first  fiutened  to 
the  pole,  and  the  horses  were  then  led  under  iL 
Either  above  them,  or  at  the  two  ends  of  the 
yoke,  rings  were  often  fixed,  through  which  the 
reins  passed.  These  frequently  a^icar  in  works  of 
ancient  art,  representing  chariots. 

Morning  and  evening  are  often  designated  in 
poetry  by  the  act  of  putting  the  yoke  on  the  oxca 
(Hes.  Op.  et  Diee,  581)  and  taking  it  off.  (Hor. 
Oim.  iii.  6.  42 ;  Viig.  EeL  ii.  66  ;  Ovid.  FotL  \ 
T.  497  ;  0o6Kwru^  fiwKvrhs^  Arrian,  L  e. ;  Hom. 
IL  xvL  779  ;  CicadAtL  xv.  27  ;  fiovk^un  % 
Arat  Dios.  387.) 


JURGIUM. 

By  meioBymy  jaff^m  meant  the  quantity  of 

had  which  a  yoke  of  oxen  could  plough  in  a  day. 

(Vanot  de  Re  RusU  L  10.)     It  was  uaed  as  eqai- 

vxlnit  to  the  Laun  jtar  and  the  Qreek  (fvyos^  aa 

\:i  mpOanai  jmgmm.     (Plin. //.  iV:  x.  4,  £.)     By 

Blather  figure  the  yoke  meant  davajy  or  the  oon- 

dition  in  vkick  men  are  compelled  against  their 

'svl,  like  oxen   or  horsea,  to  labour  fer  others. 

(AeichyL  ^^oai.  512  ;  Floms»  il  14  ;  Tacit.  Agrie, 

31 ;  Hor.  Sal,  iL  7.  9\.)    Henoe,  to  express  sym- 

bclkally  the  sabjagation  of  conquered  nations,  the 

Roenaas  made  their  captives  pass  under  a  yoke  {nA 

jtg*m  wuUerB),  which,  howerer,  in  form  and  for 

the  sake  of  eonTcnienee^  was  sometimes  made,  not 

like  the  yoke  need  in  drawing  carriages  or  ploughs, 

hat  rather  like  the  jugum  described  under  the  two 

fiist  of  the  preceding  heads  ;  for  it  consisted  of  a 

spear  supported  transverKly  by  two  others  placed 

iiprighL  [J.  Y.] 

JUGUMENTUM.    [Janua,  pi  624,  KJ 

JUNICRES.     [CoMiTiA.  p.  33*.] 

JURA  IN  RE.     [DoHiNiUH.] 

JURE  ACTIO,  IN.     [JuKMDicTio.] 

JURE  CESSIO,  IN,  was  a  mode  of  tians- 

hmag  ownership  by  means  of  a  fictitious  suit,  and 

so  &r  resembled  the  Ibrms  of  conTeyance  by  fine 

aod  by  common  recorery,  which,  till  lately,  were 

in  me  in  England.    The  In  Jure  Cessio  was  appli- 

eaUe  to  thinga  Mancipi  and  Nee  Mancipi,  and 

also  to  Res  Inoorpocalea,  which,  firom  their  nature, 

vere  incapable  of  tradition.     The  parties  to  this 

txaoaKtioii  were  the  owner  (donUmiS  qm  eedit),  the 

penoQ  to  whom  it  was  intended  to  tnnaier  the 

ovuenhtp  (vbkUoom^  etd  eedHur)^  and  the  magis- 

tiatas,  qm  addicit     The  person  to  whom   the 

eirnenhip  waa  to  be  transferred,  claimed  the  thing 

as  his  own  in  presence  of  the  magistratus  and  the 

real  owner ;  the  magistzatns  called  upon  the  owner 

for  his  deftnoe,  and  on  his  declaring  that  ha  had 

oooe  to  make,  or  remaining  silent,  the  magistratus 

decreed  {addigi)  the  thing  to  the  claimant    This 

pnceedix^  waa  a  legis  actio. 

Ad  hcnditas  could  be  transferred  by  this  pro- 
cess [Haan^  p,  601,  \k]  ;  and  the  res  oorporales, 
which  belonged  to  tlw  heieditas,  paised  in  this  way 
just  as  if  they  had  severally  been  transferred  by 
the  In  Jure  Cessia 

The  In  Jure  Cessio  was  an  old  Roman  institu- 
tkm,  and  there  were  prorisions  respecting  it  in  the 
Twelve  TaWea.  (Frag.  F<rf.  8.50.) 
(Gaioa  ii.  24;  Ulp.  Frag,  tit  1 9.  a  9.)  [O.  L.] 
JU'RGIUM  is  iqiparently  a  contracted  fonn  of 
Jorididnm.  The  word  had  a  special  legal  mean- 
iog,  as  appears  fixxm  a  passage  of  Cicero,  De  Rs- 
paUtoo,  quoted  by  Nonius :  *^  Si  jurgaut,  inquit, 
bmevolonmi  oonoertatio,  non  lis  inimicorum  juigium 
dicitm:  Et  in  sequenti :  Jmgare  igitur  lex  putat 
inter  ae  vieinoa,  non  litigate.**  RudorfF  states  that 
the  imall  disputes  which  arose  between  owners  of 
eoattgiioas  lands  within  the  ^  quinque  pedes  ** 
(Cic  <fa  Ltg.  i.  18)  were  comprehended  under  the 
term  Jurghmu  He  refers  kx  a  like  use  of  the 
word  to  Horace  (Bp,  ii  1.  Z%  and  ii.  2. 170), 

Sed  Tocat  usque  lunm,  qua  populus  adsita  certis 
Looitibos  Ticina  refiigit  juigia. 

(Radflrii;  ZeUsekrify  &c.  vol  x.  p.  346,  Ueberdie 
OfOMztAadwngtklage^ 

Compare  also  Cicero,  de  Legihm$^  ii.  8.  **  Perils 
jnrgia  amovento  ;  **  and  Facciolati,  iMrieon,  s.  v. 
/sf9iaa^  [Q.  L.J 


JURTSCONSULTT. 


653 


JURFDICI.  Undtr  Hadrian,  Italy  aas  di- 
▼ided  into  five  districts,  one  of  which  contained 
Rome,  and  continued  in  the  same  relation  to  the 
Roman  praetor  that  it  had  been  before  the  dirision 
of  Hadrian.  Each  of  the  other  four  districts  re- 
eeived  a  magistratus  with  the  title  of  consuhiris, 
who  bad  the  higher  jurisdiction,  which  was  taken 
fitMn  the  municipal  magistrates.  We  may  also 
infer  that  the  court  of  the  consularis  was  a  court  of 
appeal  from  the  inferior  courts  in  the  matters  which 
were  left  to  their  jurisdiction.  (Spart  Hadrian,  22  ; 
CapitoL  PiuM^'2.)  This  arrangement  of  Hadrian 
was  an  advantage  to  the  Italians,  for  before  this 
time  the  inhabitants  had  to  go  to  the  Roman 
praetor^s  court  for  all  matters  which  were  not 
within  the  jurisdiction  of  the  duumviri ;  for  we 
must  assume  that  the  consuhires  resided  in  their 
districts.  M.  Anrelius  placed  fqjctionaries  with 
the  title  of  Juridici  in  the  place  of  the  Consulares 
(Puchta,  Tnttit,  i  §  92  ;  and  note  (m)  on  the  pass- 
age of  Appian,  BeU.  Civ.  i.  38).  [G.  L.] 

JURl'DICI  CONVENTUS  [Provincia]. 

JURISCONSULTI  or  JURECONSULTL 
The  origin  among  the  Romans  of  a  body  of  men, 
who  were  expounders  of  the  law,  may  be  referred 
to  the  separation  of  the  Jus  Civile  from  the  Jus 
Pontificium.  [Jus  Civilb  Flavianum.]  Such 
a  body  certainly  existed  before  the  time  of  Cicero, 
and  the  persons  who  professed  to  expound  the  law 
were  called  by  the  various  names  of  jurisperiti, 
jurisconsulti,  or  consulti  simply.  They  were  also 
designated  by  other  names,  as  jnrisprudentes,  pru- 
dentiores,  peritiores,  and  juris  auctores.  The  word 
which  Plutarch  uses  is  rofu^tiicnif  (Tib.  Gracch, 
9),  and  yofuie6s  (Sulla,  36.)  Cicero  (Top.  5)  enu- 
merates the  jurisperitorum  auctoritas  among  the 
component  parts  of  the  Jus  Civile.  The  definition 
of  a  jurisconsttltus,  as  given  by  Cicero  (De  Or.  i. 
48),  is,  ^a  person  who  has  such  a  knowledge  of 
the  laws  (lege$)  and  customs  (eontuetudo)  which 
prevail  in  a  state  as  to  be  able  to  advise  (respon- 
dendum)^ act  (agendum)^  and  to  secure  a  person  in 
hb  dealings  (oaoendum) :  Sextus  Aelius  Catus  [Jvtf 
Axlianum],  M*.  Maidlius,  and  P.  Mocius  are  ex- 
amples.** In  the  oration  Pro  Murena^  Cicero  uses 
••  scribere  "  in  the  place  of  *•  agere.**  The  business 
of  the  eariy  jurisconsulti  consisted  both  in  advising 
and  acting  on  behalf  of  their  clients  (consuliorfs) 
gratuitously.  They  gave  their  advice  or  answers 
(responsa)  either  in  public  places  which  they  at- 
tended at  certain  times,  or  at  their  own  houses 
(Cic.  de  Or.  iil  33)  ;  and  not  only  on  matters  of 
law,  but  on  any  thing  else  that  might  be  referred 
to  them.  The  wordlji  ^  scribere  **  and  **  cavere  ** 
referred  to  their  employment  in  drawing  up  formal 
instruments,  such  as  contracts  or  wills,  &c  At  a 
later  period,  many  of  these  functions  were  per- 
formed by  persons  who  were  paid  by  a  fee,  and 
thus  there  arose  a  body  of  practitioners  distmct 
from  those  who  gave  responsa  and  who  were  writen 
and  teachers.  The  earlier  jurisconsults  cannot  be 
said  to  be  the  same  kind  of  persons  as  those  of  a 
later  period.  Law  had  not  then  assumed  a  sci- 
entific form.  The  first  whom  Pomponius  mentions 
was  Papirius,  who  is  said  to  have  made  a  collection 
of  the  Leges  Regiae,  Tiberius  Coruncanius,  a 
plebeian,  wno  was  consul  b.  c.  281,  and  also  the 
first  plebeian  Pontifex  Maximus,  is  mentioned  as 
the  first  who  publicly  professed  (publioB  prw 
/et8U8  est\  and  he  was  distinguished  both  for  his 
knowledge  of  the  law  and  his  eloquence.     He  leli 


654 


JURISCONSULTI. 


no  writings.  It  mast  not,  however,  be  assumed 
that  ConiDcanius  was  a  professor  of  law  in  the 
modem  sense  of  the  term ;  nor  any  other  of  the 
jurists  after  him  who  are  enumerated  hy  Pomponius. 
Before  the  time  of  Cicero  the  study  of  the  law 
had  become  a  distinct  branch  from  the  stndy  of 
oratory,  and  a  man  might  raise  himself  to  eminence 
in  the  state  bj  his  reputation  as  a  lawyer,  as  well 
as  by  his  oratorical  power  or  military  skill  There 
were  many  distinguished  jurists  in  the  last  two 
centuries  of  the  republican  period,  among  whom 
are  M\  A>ianilius  ;  P.  Mucins  Scaevola,  Pontifex 
Maximus  (b.  a  131)  ;  Q.  Mudus  Scaevola,  the 
augur ;  and  Q.  Mucius  Scaevola,  the  son  of  Publius, 
who  was  consul  b.  c.  95,  and  afterwards  Pontifex 
Maximus,  and  one  of  the  masters  of  Cicero  (Jurii- 
periiorum  eioguenHaawuUj  eloquentimnjttri^Mritiggi' 
tnus,  Cic.  ds  Or,  i.  39,  BruiM^  e.  89).  This  Soie- 
vola  the  Pontifex,  was  considered  to  have  been  uie 
first  who  gave  the  Jus  Civile  a  systematic  form,  by 
a  treatise  in  eighteen  book&  (Dig.  1.  tit  2.  s.  2. 
§  41.)  There  are  four  excerpts  in  the  Digest  from 
a  work  of  his  in  one  book,  on  Definitions.  Servios 
Sulpicius  Rufus,  the  friend  and  conteraponiy  of 
Cicero,  and  consul  b.  a  51  (Brut,  7,  40),  was  as 
great  an  orator  as  the  Pontifex  Scaevola,  and  more 
distinguished  as  a  jurist  Manj^  persons,  both  his 
predecessors  and  contemporaries,  had  a  good  prac- 
tical knowledge  of  the  law,  but  he  was  the  first 
who  handled  it  in  a  scientific  manner,  and  as  he 
had  both  numerous  hearers  and  was  a  voluminous 
writer,  we  may  view  him  as  the  founder  of  that 
methodical  treatment  of  the  matter  of  law  which 
characterised  the  subsequent  Roman  jurists  (Cie. 
Brut.  41 ;  Dig.  1.  tit  2.  s.  2.  §  43),  and  in  which 
they  have  been  seldom  surpassed. 

The  jurists  of  the  imperial  times  are  distin- 
guished  from  those  of  the  republican  period  by  two 
circumstances,  the  Jus  Respondendi,  and  the  rise 
of  two  Schools  of  Law. 

It  is  said  that  Augustus  determined  that  the 
Jurisconsulti  should  give  their  re^nsa  under  his 
sanction  (as  auotoriiate  efut  re^)ondermt).  The 
jurists  who  had  not  received  this  mark  of  imperial 
favour,  were  not  excluded  from  giving  opinions ; 
but  the  opinions  of  such  jurists  would  have  little 
weight  in  comparison  with  those  of  the  privileged 
class.  Those  who  obtained  the  Jus  Respondendi 
from  the  Princeps,  would  from  this  circumstance 
alone  have  a  greater  authority,  for  formally  their 
Rcsponsa  were  founded  on  the  authority  of  the 
Princeps.  These  responsa  were  given  sealed  (sig^ 
maia),  apparently  to  prevent  fiiisification.  The 
matter  proposed  for  the  opinion  of  the  Jurisconsulti 
was  sometimes  stated  in  the  Responsum,  either 
fully  or  briefly ;  and  the  Responsum  itself  was 
sometimes  short,  sometimes  long ;  sometimes  it 
contained  the  grounds  of  the  opinion,  and  some- 
times  ft  did  not  (Brisson.  tie  Form,  iii.  c.  85 — 
87.) 

The  responsa  of  a  privileged  jurisconsultus  would 
be  an  authority  for  the  decision  of  a  judex ;  if 
there  were  conflicting  responsa  given,  the  judex 
would  of  course  decide  as  he  best  could.  But, 
besides  the  direct  responsa,  which  were  given  in 
particular  cases,  there  was  the  authority  of  the 
writings  of  the  privileged  jurists.  As  before  the 
time  of  Augustus,  public  opinion  only  gave  autho- 
rity to  a  jurist^s  responsa  and  writfaigs,  so  from  the 
time  of  Augustus  this  authority  was  given  by  the 
Jus  Respondendi  to  the  responsa  and  writings  of , 


JURISCONSULTI. 

a  jurist    This  privilege  gave  to  a  jurist  the  eo«< 
dition  of  a  Juris  auctot,  and  to  his  writbiga  k^ 
authority,  neither  of  which  belonged  to  a  juriu 
who  had  not  received  the  privilege;     Aooordingij, 
the  writings  of  such  privileged  jurists  received  the 
same  authority  as  their  responsa;    sad   if   ti>e 
opinions  of  the  Juris  anctoKs,  as  expKesaed  in 
their  writings,  did  not  agree,  die  Judex  vns  I^ 
to  decide  as  he  best  could.    This  cjcplanation  cf 
the  natore  of  the  Jus  Respondendi,  irhkh  is  bj 
Puchta  (Instit  L  §  11 7),  is  ap^^  hj  him  to  the 
elucidation  of  the  passage  in  diains  (i.  7.  lieqwnw 
prudentium  sunt  sententiae  et  opinimea,  &c.).    ]Ie 
supposes  that  this  interpretation  of  the  passage  is 
strictly  confiormable  to  what  has  been  said  of  the  se- 
thority  of  the  writmgs  of  the  jurists.     If  we  kare 
out  of  consideration  the  technical  expression  Res- 
ponsa, with  which  the  passage  begina,  these  is  ns 
difliculty  at  all  in  appljring  the  words  of  Gains  to  tlw 
writings  of  the  jurists  ;  and,  in  fact,  it  U  most  con- 
sistent to  take  responsa  in  this  passage  in  a  wida' 
sense,  and  as  equivalent  to  auetoritaa.     The  tens 
Responsa  originnted  at  a  time  when  responsa,  in 
the  simple  sense  of  the  term,  were  the  only  form 
in  whicn  the  auctoritas  of  a  jurist  was  aiaaifested ; 
whereas  in  the  time  of  Oaius,  the  writings  of  the 
jurists  had  become  a  very  important  legal  aothoritr, 
and  consequently  they  must  be  included  bj  Gaius 
in  the  term  Responsa  Prudentium,  for  otherviae 
he  would  not  have  mentioned  at  all  the  Anctoritai 
Prudentium,  to  which  he  so  often  refeis  in  Tariosi 
parts  of  his  work.     Puchta^s  explanation  of  this 
passage,  which  bears  the  stamp  of  great  probahilttT, 
may  be  compared  with  that  of  Savigny  (ifiysfeM,  • 
&C.  vol.  i.  p.  155). 

In  the  time  of  Augustus  there  arose  two  sehooli 
($cholae)  of  Jurists,  the  heads  of  which  were  re- 
spectively Ateius  Capito  and  Antistius  Labe&   The 
followers  of  Labeo,  whom  we  know  with  eertaisty 
to  have  been  such,  were  Nerra,  Procnlns,  Kenra 
the  son,  Pegasus,  Cclsus,  Celsiu  the  son,  and 
Neratius  Priscus.     The  followers  of  Capito  were 
MassuriuB  Sabinus,  C.  Cassius  Longinna,  Coelias 
Sabinus,  Priscus  Javolenus,  Abumus  Vakos  Tos- 
cianus.  Gains,  and  probably  Pomponios.    But  the 
schools  did  not  take  their  luunes  from  Labeo  sad 
Capito.    The  followers  of  Labeo  were  named  Pro- 
culiani,  from  Proculus.     The  foQowers  of  Cspha 
derived  their  name  of  Sabiniani  from  Massnrias 
Sabinus,  who  lived  under  Tiberius,  and  as  late  as 
the  reign  of  Nero :  they  were  sometimes  also  called 
Cassiani,  firom  C.  Cassius  Longinus.    It  is  not 
easy  to  state  with  precision  the  differences  which 
characterised   the   two  schools.     Whatever  lasy 
have  been  the  origin  of  these  difierences,  which 
may  perhaps  be  partly  refened  to  the  personaJ 
character  of  Capito  and  Labeo^  the  schods  were 
subsequently  distinguished  by  a  di&renoe  ia  their 
manner  of  handling  the  matter  of  the  law.    The 
school  of  Capito  adhered  more  cloeely  to  what  wu 
established,  and  to  the  letter  of  what  was  writtes. 
Labeo  was  a  man  of  greater  acquirement!  than 
Capito,  and  his  school  looked  more  to  the  iatenisl 
meaning  than  to  the  external  form,  and  thus,  whOe 
apparently  deviating  from  the   letter,  they  ap- 
proached nearer  to  true  results  ;  though  the  strict 
logic  of  this  school  might  sometimes  {tfodoee  s  re- 
sult less  adapted  to  general  convenience  than  the 
conclusions  of  the  SaUniani,  which  were  based  oo 
the  prevailing  notions  of  equity.     Much  has  been 
mTitten  on  the  characteristics  of  the  two  school^ 


JURISDICTIO. 

bst  to  Toy  little  purpose.    The  matter  is  briefly 
treated  bj  Pncbta.     (lustiL  I  §  98.) 

The  vritings  of  the  juriscoiuulti  consisted  of 
comaentiru  on  the  Twelve  Tables,  on  the  Edict, 
OD  iBrticoUr  leges,  more  especially  on  some  of  the 
Jilise  Legee^  and  on  other  matters.  The  later 
jurats  also  eommented  on  the  writings  of  the  earlier 
jirists.  They  ako  wrote  elementary  treatises  (fiU- 
gflrii,  conmeuiaru)^  such  as  the  Institationes  of 
Gains,  which  ia  the  earliest  work  of  the  kind  that 
ve  know  to  have  been  written  ;  books  called 
Begnke,  and  Definitiones,  which  probably  were 
collectinns  of  maxims  and  legal  principles  ;  eollec- 
tuaa  of  eaeea  and  answers,  under  the  Taiioiis  names 
of  fwpooaa,  epistolae,  sententiae,  and  opiniones ; 
sj^ems  of  law  ;  and  Taiious  woiks  of  a  miscella- 
neffiis  chancier,  with  a  great  Tariety  of  names, 
task  as  diapntationes,  qnaestioDea,  enchiridia,  res 
quoddiaBae,  and  varioos  other  titles^ 

The  jnriMical  writers  were  Teiy  nnmerons :  they 
flamed  a  aenes,  beginning  with  Q.  Mucins  Scae- 
Tab,  the  Pontifbx,  and  ending  about  the  time  of 
Alexander  Sevems,  with  Modestinns  who  was  a 
popil  of  Ulpian.  With  the  exoeptitm  of  the  frag- 
ineoli  presenred  in  the  Digest,  this  great  mass  of 
Eteiatue  is  nearly  lost  [Pandkctax.] 

The  mode  of  teaching  law  at  Rome  was  of  a 
pfsctical  nature.  Professors  of  law  in  the  modem 
Mnse  did  not  exist  till  the  Imperial  periods.  Ul- 
pian calls  them  Juris  dvilis  professores  (Dig.  60. 
til.  13.  s.  1.  §  5)  ;  but  there  is  no  indication  that  he 
ooosidered  himself  as  one  of  the  class  ;  nor  can  we 
coDsidtf  that  such  men  as  Julian^  Papmian  or 
Paulas  ever  followed  the  occupation  of  teacher  of 
lav.  The  instruction  which  was  given  in  the  re- 
publican period  consisted  in  the  Jurisconsulti  al- 
kvnig  young  men  to  be  present  as  anidUores^  when 
tbcy  ddlTeied  their  legal  opinions,  and  to  see  how 
tber  eondueted  their  business.  (Cic.  BnL  89, 
Ladm^  1.)  Prerious,  however,  to-  attending  to 
this  poetical  instnurtion,  young  men  were  taught 
the  elements  of  law,  which  was  expressed  by  the 
term  tasCstea,  whence  probably  the  name  Insti- 
tBtiooes  was  given  to  elementaxy  treatises  like 
those  of  Gaius^  Accordingly,  wstiiui  and  awiir$^ 
expiemed  the  two  parts  of  a  legal  education  ;  and 
this  mode  of  instruction  continued  probably  till 
near  the  time  of  Constantino.  In  the  Imperial 
period,  probably  young  men  devoted  themselves 
for  a  itfll  longer  period  to  attendance  on  those 
jitrista,  who  had  the  Jus  Respondendl  These 
voosg  men  are  the  juris  stndiosi,  who  are  men- 
tioned by  Ulpian  and  others.  Thus  Ulpian  calls 
Modestinns,  '^studiosus  meus.^  As  already  ob- 
ter^  the  class  called  Juris  Civilis  Professores 
aioae  under  the  empire,  and  they  received  from 
thoie  who  attended  them  an  Honorarium,  or  fee. 
(Ulpian, Diig. 50.  tit.  13.  a.  1.  §  5.) 

(Poraponius;,  De  Oriffine  Juris,  Dig.  1.  tit  2. 
■■2 ;  Zimmem,  Oe$cki^te  des  Jicmiachen  Privat- 
Ttdis.)  [G.  L.] 

JURISDI'CTIO.  The  «officium"  of  him 
"qui  jus  dicit  **  is  defined  as  follows  (Dig.  2.  tit  1. 
De  JuritdklumB) :  —  *'  Bonorum  possessionem  dare 
potest,  et  in  possessionem  mittere,  pupil!  is  non 
babentibus  tutores  constitnere,  judices  litigantibus 
dare.**  This  is  the  general  signification  of  the 
word  Jnrisdictio,  which  expresses  the  whole  **  offi- 
fiom  jus  dioentis.**  The  functions  which  are  iu- 
duded  in  the  '^  officium  jus  dicentis ""  belong  either 
to  the  Jttrisdictio  (in  its  special  sense),  or  to  the 


JUS. 


65ft 


Imperium  Mixtum,  or  they  are  those  which  are 
exercised  by  virtue  of  some  lex,  senatosconsultum, 
or  authority  delegated  by  the  princepa,  as  the 
**Tutoris  datio.**  (Dig.  26.  tit  1.  s.  6.)  The  Juris- 
dictio  of  those  magtstiatus  who  had  no  Imperium, 
was  limited  in  consequence  of  not  having  the  Im« 
perium,  and  therefore  was  not  Jurisdictio  in  the 
full  meaning  of  that  tenn.  [Iiipbiiii7M  ;  Maois- 
TRATU&]  Inasmuch  as  Jurisdictio  in  its  special 
sense,  and  the  Imperium  Mixtum,  are  component 
parts  of  Jurisdictio  in  its  wider  sense,  Imperium 
may  be  said  to  be  contained  in  or  incident  to 
Junsdictio  {vnperium  quod  juriadietiom  eohaerrt^ 
Dig.  1.  tit  21.  s.  1).  Sometimes  Imperium  is 
viewed  as  the  term  which  designates  the  full  power 
of  the  magistmtus ;  and  when  so  riewed,  it  may  be 
considered  as  equivalent  to  Jurisdictio,  in  its  wider 
sense,  or  as  comprehending  Jnrisdictio  in  its  nar- 
rowest sense.  Thus  Imperium  may  be  considered 
as  containing  eras  contained  in  Jurisdictio,  according 
aa  we  give  to  each  term  respectively  its  wider  or  its 
narrower  meaning.  (Puchta,  Ueber  den  mhalt  der 
Lex  Rubria^  ZeitmAri/i,  vol.  x.  p.  195.)  The  Juris- 
dictio  was  either  Voluntaria  or  Contentiosa.  (Dig.  1 . 
tit  1.  6.  s.  2.)  The  Jurisdictio  Voluntaria  rendered 
valid  certain  acts  done  before  the  magistratus,  for 
which  certain  fonos  were  required,  as  adoption 
and  manumission.  Thus  adoption,  properly  so 
called,  could  take  place  before  the  praeses  of  a  pro- 
vincia  (Gains,  i.  1 00)  ;  but  in  Rome  it  took  place 
before  the  praetor,  and  was  said  to  be  effected 
^  imperio  magistratus.**  The  Jurisdictio  Conten- 
tiosa had  reference  to  legal  proceedings  before  a 
magistratus,  which  were  said  to  be  ta  jars  as  op- 
posed to  the  proceedings  before  a  judex,  which 
were  said  to  be  tn  judicio.  The  parties  were  said 
**  Lege  agere :  **  the  magistratus  was  said  jus  dicere 
or  reddere.  Accordingly  ^  magistratus  **  and  ^  qui 
Romae  jus  dicit  **  are  equivalent  (Cic  ad  Fum. 
xiii.  14.)  The  functions  included  in  Jurisdictio 
in  this,  its  special  sense,  were  the  addictio  in  the 
legis  actioncs,  the  giving  of  the  formula  in  proceed- 
ings conducted  according  to  the  newer  process,  and 
the  appointment  of  a  judex.  The  appointing  of  a 
judex,  **  judicis  datio,**  was  for  the  purpose  of  in- 
quiring into  the  facts  in  dispute  between  the  par- 
ties. The  words  of  the  formula  are  ^  Judex  esto,** 
&C.  (Gaius.  iv.  47)  ;  and  the  terms  of  the  edict  in 
which  the  praetor  declares  that  he  will  give  a  judex, 
that  is,  will  recognise  a  right  of  action,  are  **  Judi- 
cium dabo.**  (Cic  pro  Flaoe,  35.)  Addictio  be- 
longs to  that  part  of  jurisdictio  by  which  the  magis- 
tratus himself  makes  a  decree  or  gives  a  judgment: 
thus  in  the  case  of  the  In  Jure  Cessio,  he  is  said 
**  rem  addicere.**  (Gains,  iL  24.)  Addicere  is  to 
adjudge  a  thing  or  the  possession  of  a  thing  to  one 
of  the  litigant  parties.  In  the  case  of  furtum 
manifestum,  inasmuch  as  the  facts  would  be  certain, 
there  Mras  an  addictio.  (Gains,  iv.  18d.) 

Other  uses  of  the  word  addictio  are  collected  in 
FaccioUiti. 

It  is  with  reference  to  the  three  terms,  Do,  Dico, 
Addico,  that  Vanro  {De  lAng,  LaL  ri.  30)  remarks 
that  the  praetor  must  use  one  of  these  words  **  cum 
lege  quid  peragitur.^  Accordingly,  those  days 
were  called  Nefasti  on  which  no  legal  business 
could  be  done,  because  the  words  of  legal  force 
could  not  be  used.  (Compare  Ovid.  Fast.  L  47  ; 
Macrobius,  .So/um.  i.  16.)  [G.L.] 

JUS.  "All  people,''  says  Gmus  (i.  1),  «  who 
are  governed  by  Leges  and  Mores,  use  partiy  their 


B6S 


JUS. 


jrsL 


own  law  (Jus),  partly  the  law  (Jtu)  tliat  is  com- 
mon to  all  mankind  ;  for  the  law  (jtu)  which  a 
state  establishes  for  itself  is  pecaliar  to  such  state, 
and  is  called  Jus  Civile,  as  the  peculiar  law  (jus) 
of  that  state.  But  the  law  (jut)  which  natural 
reason  {naiuralis  ratio)  has  established  among  all 
mankind  is  equally  observed  by  all  people,  and  is 
called  Jus  Gentium,  as  being  that  law  {jus)  which 
all  nations  follow.  The  Roman  populus  therefore 
follows  partly  its  own  peculiar  law  {suum  proprium 
Jut),  partly  the  common  law  (eommwie  Jus)  of  all 
mankind.** 

According  to  this  view,  all  Law  (jus)  is  distri- 
buted into  two  parts.  Jus  Gentium  and  Jus  Civile, 
and  the  whole  body  of  law  peculiar  to  any  state  is 
its  Jus  Civile.  (Cic.  ds  Oral,  i.  44.)  The  Roman 
law,  therefore,  which  is  peculiar  to  the  Roman 
state,  is  its  Jus  Civile,  sometimes  called  Jus  Civile 
Roraanorum,  but  more  frequently  designated  by  the 
trrm  Jus  Civile  only,  by  which  is  meant  the  Jus 
Civile  of  the  Romans. 

The  Jus  Gentium  is  here  viewed  by  Gains  as 
springing  out  of  the  Natnralis  Ratio  common  to  all 
mankind,  which  is  still  more  clearly  expressed  in  an- 
other passage  (i.  189)  where  he  uses  the  expres- 
sion **  omnium  civitatium  jus  ^  as  equivalent  to 
the  Jus  Gentium,  and  as  founded  on  the  Naturalis 
Ratio.  In  other  passages  he  founds  the  acquisi- 
tion of  property,  which  was  not  regulated  by  Ro- 
man law,  on  the  naturalis  ratio  and  on  the  naturale 
jus  indifferently,  thus  making  naturalis  ratio  and 
naturale  jus  equivalent  (ii.  65,  66,  69,  73,  79). 
He  founds  Cognatio  on  Naturalis  Ratio,  as  being 
common  to  all  mankind,  and  Agnatio  on  Civilis 
Ratio,  as  being  purely  a  Roman  institution  (i.  158). 
In  two  passages  in  the  Digest  (1.  tit  8)  he  calls 
same  thing  Naturale  Jus  in  s.  2,  and  Jus  Gentium 
in  s.  3,  5.  (Compare  Gaius,  iii.  1 32.)  The  Natu- 
rale Jus  and  the  Jus  Gentium  are  therefore  iden- 
tical. (Savigny,  System^  &&,  vol.  i.  p.  113.)  Cicero 
{d«  Qff-\  iii.  5)  opposes  Natura  to  Leges,  where  he 
explains  Natura  by  the  tenn  Jus  Gentium,  and 
makes  Leges  equivalent  to  Jus  Civile.  In  the 
Partitiones  (c.  37)  ho  also  divides  Jus  into  Natura 
and  Lex. 

There  is  a  threefold  division  of  Jus  made  by 
Ulpian  and  others,  which  is  as  follows :  Jus  Civile ; 
Jus  Gentium,  or  that  which  is  common  to  ail  man- 
kind ;  and  Jus  Naturale  which  is  common  to  man 
and  beasts.  The  foundation  of  this  division  seems 
to  have  been  a  theory  of  the  progress  of  mankind 
from  what  is  commonly  termed  a  state  of  nature,  first 
to  a  state  of  society,  and  then  to  a  condition  of  inde- 
pendent states.  This  division  had,  however,  no 
practical  application,  and  must  be  viewed  merely 
as  a  curious  theory.  Absurd  as  it  appears  at  fint 
sight,  this  theory  is  capable  of  a  reasonable  expla- 
nation, and  Savigny  shows  that  it  is  not  meant  to 
say  that  beasts  have  law,  but  only  the  matter  of 
law ;  that  is,  some  of  those  natural  relations  on 
which  legal  relations  are  founded,  exist  among 
beasts  as  well  as  men.  Such  natural  relations  are 
those  by  which  the  species  is  propagated.  (See 
also  Puchta*s  remarks,  ImiiU  i.  §  9,  note  a.)  In 
the  Institutes  the  two  divisions  are  confounded 
(i.  tit  2.  De  Jure  Natural!,  Gentium  et  Civili)  ; 
for  the  explanation  of  Jus  Naturale  is  first  taken 
from  the  threefold  division  of  Ulpian,  and  then 
the  Jus  Gentium  and  Civile  are  explained  accord- 
ing to  the  twofold  division  of  Gaius  already  quoted, 
ao  that  we  have  in  the  same  section  the  Jus  Na- 


turale explained  in  the  sense  of  Ulpian,  and  the 
Jus  Gentium  explained  in  the  sense  of  Gains,  as 
derived  from  the  Naturalis  Ratio.  Further,  in  the 
second  book,  (tit  1.  s.  11)  the  Jus  Naturale  is  ex- 
plained to  be  the  same  as  Jus  Gentimn,  and  the 
JFus  Natumle  is  said  to  be  coeval  with  the  human 
race.  Notwithstanding  this  confusion  in  the  In- 
stitutes, there  is  no  doubt  that  the  two-fold  diri- 
sion  of  Gains  was  that  which  prevailed  in  Roman 
jurisprudence.  (Savigny,  SyiUm^  &&  voL  l  p.  4 1 3.) 
This  two-fold  division  appears  cleariy  in  Ciontk, 
who  says  that  the  old  Romans  separated  the  Jns 
Civile  from  the  Jns  Gentium  ;  and  he  adds  that 
the  Jus  Civile  (of  any  state)  is  not  therefore  Jns 
Gentium,  but  that  what  is  Jus  Gentium  ought  to 
be  Jus  Civile  {de  Qf,  iii  17). 

Those  rules  which  regulated  the  declaration  of 
war  and  the  conduct  of  war  are  comprehended 
under  the  term  Jus  Feciale.  Some  modem  writers 
give  to  the  term  a  wider  signification  ;  and  others 
limit  it  more  closely.  GMnbrueggen  {De  Jwt 
Bdli  ii  Pads  Romanorum^  p.  20.  Lipa.  1836) 
defines  the  Jus  Feciale  to  be  that  which  pre- 
scribed the  formulae,  solemnities  and  ceremonial 
observed  in  the  declaring,  carrying  on,  and  tciw 
minating  a  war,  and  in  the  matter  of  treaties. 
The  Romans  often  used  the  expression  Jus  Gen- 
tium in  a  sense  which  nearly  corresponds  to  the 
modem  phrase  Law  of  Nations,  or,  as  some  call  it, 
International  Law.  (Livy,  ii.  14,  vL  1,  quod  le- 
gatus  in  Gallos,  ad  qnos  missus  erat,  contra  jns 
gentium  pugnasset ;  xxxviii.  48  ;  Sallnst  Jtig. 
22.)  The  term  Jns  BclU  (Cic  del^,  il  14) 
is  used  in  the  same  sense. 

The  origin  of  the  opposition  between  Jus  Gen- 
tium and  Jus  Civile  was  not  a  speculative  notion, 
nor  did  it  originate  with  the  Jurists,  though  Uicy 
gave  it  a  theoretical  form.  The  Jos  Gentium  in 
its  origin  was  the  general  law  of  Peregrini,  ac- 
cording to  which  the  Romans  determined  the  legal 
relations  among  Peregrini,  a  class  of  persons  to 
whom  the  Jus  Civile  was  not  applicable  Con- 
sequently,  the  foundation  of  the  Jus  was  fbceign 
Uw,  modified  by  the  Romans  according  to  their 
own  notions,  so  as  to  be  capable  of  general  appli- 
cation. This  is  one  side  of  the  original  Jns  Gen- 
tium. The  other  is  that  Law  which  owed  its 
origin  to  the  more  enlarged  views  of  the  nature 
of  law  among  the  Roman  people,  and  was  the 
development  of  the  national  character.  The  two 
notions,  however,  are  closely  connected,  for  the  law 
of  Peregrini  was  that  which  first  presented  the 
Romans  with  the  notion  of  the  Jus  Oentiom,  and 
it  was  formed  into  a  body  of  Law,  independent 
of  the  Jus  Civile,  and  not  interfering  with  it 
But  the  general  Law  of  Peregrini  also  obtained 
among  the  Romans,  as  Law,  and  not  eonaideied 
merely  with  reference  to  their  intereoane  with 
Peregrini  **  The  Law  of  Peregrini  and  Roman 
Law,  disencumbered  of  all  peculiarity  of  indi- 
vidual nations,  are  the  two  sides  of  the  same  no^- 
tion,  which  the  Romans  express  by  the  term  Jos 
Gentium."*  (Puchta,  Instii.  I  §  84).  The  Jos 
Gentium  was  chiefly  introduced  by  the  Edietnm, — 
as  the  Law  of  Peregrini  by  the  Edict  of  the  Prae- 
tor Peregrinus  and  the  Edicta  Provincialia,  and  as 
Law  for  the  Romans  by  the  Edictum  of  the  Prae- 
tor Urbanus. 

The  Jus  Civile  of  the  Romans  is  diviaible  into 
two  parts.  Jus  Civile  in  the  narrower  sense,  and 
Jus  Pontificinm  or  Sacrum,  or  the  law  of  leligioiL 


JUS. 

Thk  oppoflition  ii  sometimct  expressed  by  tbe 
vords  Juj  and  Foa  {Fat  et  Jura  jxntm/,  Vii:g. 
(Jeory.  1 269) ;  and  the  law  of  things  not  pertain- 
ing to  religion  and  of  things  pertaining  to  it,  are 
also  respectivelj  oppesed  to  one  another  by  the 
terms  Res  Joris  Uumani  et  Divini.  (Instit  2. 
tit  1.)  [Dominium.]  Thus  the  Pontificet  Maz- 
imi,  P.  (Sassufi,  and  T.  Conmcanius,  are  stud  to 
hare  given  Reaponaa  de  omnibus  dlriiiia  et  hu- 
mania  rebna.  (Cic.  de  OraL  ill  33.) 

The  Law  of  Religion,  or  the  Jos  Ponti6cium, 
was  under  the  control  of  the  Pontifioes  who  in  fiact 
originally  had  the  control  of  the  whole  mass  of  the 
lav,  and  it  was  only  after  the  separation  of  the  Jus 
CirOe  in  its  wider  sense  into  the  two  parts  of  the 
Jos  CiTiIe,  in  its  narrower  aense,  and  the  Jua  Ponti- 
ficinm,  that  each  part  had  its  proper  and  peculiar 
limita.  But  after  thia  separation  was  fully  made 
the  Anctoritaa  Pontificum  had  the  aame  operation 
and  effect  with  reapect  to  the  Law  of  Religion  that 
the  Anctoritaa  Prudentinm  had  on  the  Jus  Civile. 
(Cic.  de  Leg,  ii  1 9,  20.)  Still  even  after  the  aepa- 
ration  there  waa  a  mutual  relation  between  these 
two  branches  of  kw  ;  for  inatance,  an  Adrogatio 
waa  not  valid  by  the  Joa  Civile  unless  it  was 
valid  by  the  Jua  Pontificium.  (Cic.  de  Orat.  iil 
33,  BruL  42  ;  ADOPTia)  Again,  Jus  Pontifi- 
dnm,  in  its  wider  sense,  as  the  law  of  religion,  had 
its  subdivisions,  as  into  Jus  Augunun,  Pontificum, 
&C.     (Cic  de  SenecL  n,) 

**  Law,^  says  Gaius  (I  2),  meaning  the  Roman 
ciril  law  iji»ra\  **"  is  composed  of  legea,  plebiacita, 
senatus-conaulta,  oonatitutionea  Prindpum,  the 
Edicta  of  those  who  have  the  Jus  Edicendi,  and 
the  Reaponsa  Prudentium^**  Thia  ia  a  diviaion  of 
law  merely  according  to  ita  formal  origin.  The 
diviaions  enumerated  by  Cicero  (Top,  5)  are  **  leges 
(which  include  plebiscita),  senatus-conaulta,  rea 
judicatae,  juriaperitorum  anctoritaa,  edicta  magia* 
tratnum,  moa,  aequitaa.^  A  consideration  of  the 
different  epocha  at  which  theae  writers  lived,  will 
account  for  part  of  the  discrepancy  ;  but  the  addi- 
tion of  Mob  in  Cicero^a  enumeration  is  important. 

Jus  Civile  ia  opposed  to  the  Jus  Praetorium  or 
Honorarium  [Edjctum]  ;  and  the  opposition 
conaists  in  the  oppoaition  of  the  means  or  torm  by 
which  the  two  severally  obtained  an  existence  ; 
whereas  the  oppoaition  of  Jus  Civile  and  Gentium 
is  founded  on  the  internal  character  of  the  two 
kinda,  and  the  extent  of  their  application. 

Lex  and  Moa  are  aometimea  oppoaed  to  one  an- 
other, aa  parta  component  of  the  Jus  Civile,  but 
different  in  their  origin.  Horace  (Carm.  iv.  5) 
apeaka  of  "  Moa  et  Lex : "  Juvenal  (viii.  50)  oppoaea 
**Juria  nodoa  et  legum  aenigniata:"  Jua  (Civile 
is  opposed  to  Legea  (Cic.  de  Orat  L  43),  to  Lex 
(de  Of,  iii.  1 7),  and  to  Senatua-conaultum  (Gaiua, 
il  197).  Aa  then  opposed  to  Legea,  Jua  Civile 
appears  to  be  equivalent  to  Mos.  In  huA  the  op- 
position between  Lex  and  Moa  folio wa  the  analogy 
of  that  between  jua  scriptura  and  non  scriptum. 
**  When  there  are  no  scriptae  leges  we  must  follow 
that  which  has  been  introduced  by  mores  and  con- 
suetude. —  Immemorial  (inveteraia)  consuetudo  is 
properly  observed  as  a  lex  (pro  lege),  and  this  is 
the  jua  which  ia  said  to  be  '  moribus  constitutum.*  ^ 
(Julian,  Dig.  1.  tit  3.  8.32.)  Thus  immemorial 
usage  waa  the  foundation  of  the  ''jus  Moribus 
constitutum.^  (See  the  article  Inpamia  aa  to  the 
origin  of  Infamia.)  The  ultimate  origin  of  custom 
|s  the  common  conadouaness  of  the  people  among 


JUS. 


657 


whom  it  exists :  the  evidence  of  it  is  usage,  ra^ 
peated  and  continued  use :  it  is  law  when  recog* 
nixed  by  a  competent  authority.  There  is  a  pas- 
sage of  Ulpian  (Dig.  1.  tit  3.  s.  34)  in  which  he 
distinctly  speaks  of  confirming  a  consuetudo  in  a 
judicium,  which  can  have  no  other  meaning  than 
that  its  force  as  law  depended  on  a  decision  in  a 
judicium.  And  the  meaning  is  clear,  whether  wa 
read  contradicto  or  contradicta  in  the  passage  juat 
referred  to. 

The  Roman  writers  indeed  finequently  refer  to  a 
laiigie  part  of  their  law  as  founded  on  Mores  or  on 
the  Mos  Majomm  and  not  on  Leges.  (QuintiL  InstiL 
Orat,  V.  10.)  Thus  Ulpian  (Dig.  1.  tit  6.  a.  8) 
says  that  the  Jus  Patriae  Potestatis  is  moribus 
receptum.  But  mos  contained  matters  relating  to 
religion  as  well  as  to  the  ordinary  afiairs  of  life  ; 
and  therefore  we  may  also  view  Mos  and  Lex,  when 
opposed,  as  component  parts  of  the  Jus  Civile  in 
its  wider  sense,  but  not  as  making  up  the  whole  of 
it  Mores  in  the  sense  of  immorality,  that  which 
positive  morality  disapproves  of^  must  not  be  con- 
founded with  jus  founded  on  mores :  the  former  ia 
mali  morea  in  reapect  of  which  there  waa  often  a 
jua  moribua  conatitutum.  Thus  in  the  matter  of 
the  dos  there  was  a  retentio  in  respect  of  the  mores 
graviores  or  majores,  which  waa  adultery.  (Ulp. 
Froff,  tit  6.) 

The  terms  Jus  Scriptum  and  Non  Scriptum,  as  ex- 
plained in  the  Inatitutea  (i.  tit  2),  comprehended 
the  whole  of  the  Jua  Civile  ;  for  it  waa  all 
either  Scriptum  or  Non  Scriptum,  whatever  other 
diviaions  there  might  be.  (Ulp.  Dig.  1.  tit  1 .  s.  6.) 
Jus  Scriptum  compreheuded  every  tning  except  that 
''quod  iisus  approbavit**  This  division  of  Jus 
Scriptum  and  Non  Scriptum  does  not  appear 
in  daius.  It  was  borrowed  from  the  Greek  writers, 
and  seems  to  have  little  or  no  practical  application 
among  the  Romans.  The  aense  in  which  Written 
and  Unwritten  law  has  been  used  by  English  writers 
is  hardly  the  same  aa  the  Roman  sense.  Hale 
says  (Hiii.  of  the  Qmmon  Law,  p.  2), "  Those  laws 
that  I  call  iegee  scriptae  (he  should  have  used  the 
expression  jus  scriptum,  though  Cicero  uses  the 
expresaion  Lex  Scripta)  are  such  as  are  originally 
reduced  into  writing  before  they  are  enacteil." 
Hale  applies  his  definition  only  to  statutes  or  acts  of 
parliament ;  but  it  is  equally  applicable  to  any  rules 
which  are  promulgated  in  writing  and  have  the 
force  of  law  or  of  a  law,  by  virtue  of  authority- 
delegated  to  those  who  make  such  rules. 

Jua  was  also  divided  into  Publicum  and  Priva- 
tum by  the  Roman  jurists.  (Dig.  1.  tit  I.  s.  1.) 
Publicum  Jus  is  defined  to  be  that  which  relates 
to  the  Status  Rei  Romanae,  or  to  the  Romans  as  a 
State  ;  Privatimi  Jus  is  defined  to  be  that  which 
relates  "ad  singulorura  utilitatem."*  The  Publi- 
cum Jus  is  further  said  by  Ulpian  (Dig.  1.  tit  1.  s.  1) 
"  in  sacris,  in  sacerdotibus,  in  magistrotibtis  con- 
sistere.**  According  to  this  view,  it  comprehends 
the  Law  of  Religion  and  all  the  rest  of  the  Jus 
Civile,  which  ia  not  Privatum :  and  the  matter 
which  ia  comprehended  in  Jus  Privatum  is  that 
which  is  contained  in  the  Institutes  of  Gaius  and 
Justinian.  The  elementary  treatise  of  Gaius  does 
not  mention  this  division,  and  it  is  limited  to  the 
Jus  Privatum.  Justinian,  in  his  Institutes,  after 
making  this  division  of  Jus  into  Publicum  and 
Privatum,  says,  "  we  must  therefore  treat  of  Jus 
Privatum,**  from  which  it  appears  that  he  did  not 
contempbte  treating  of  Jus  Publicum,  though  th« 
u  u 


658 


JUS. 


last  title  of  the  foarth  book  »  De  Judiciis  Pab< 
licis.  The  Roman  tenn  Jos  Publicum  also  com- 
prehended Criminal  Law  and  Criminal  Procedure, 
and  Procedure  in  Civil  Actions.  It  is  said  by  Papi- 
nian  (Dig.  28.  tit  1.  s.  3)  that  the  Testamenti- 
factio  belonged  to  Publicum  Jus.  Now  the  Testa- 
menti&ctio  was  included  in  Commercinm,  and 
only  Roman  citizens  and  Latini  had  Commer- 
cium.  This  is  an  instance  of  the  application  of 
the  term  Publicum  Jus.  All  Jus  is  in  a  sense 
Publicum,  and  all  Jus  is  in  a  sense  Privatum  ; 
but  the  Roman  Publicum  Jus  directly  concerned 
the  constitution  of  the  state  and  the  functions  of 

Sovemment  and  administration ;  the  Privatum 
us  directly  concerned  the  interests  of  individuals. 
The  opposition  between  these  two  things  is  dear, 
and  as  well  marked  as  the  nature  of  such  things 
will  allow.  If  the  terms  be  found  fault  with,  the 
meaning  of  the  terms  admits  of  a  defence. 

The  expression  Populus  Romanus  Quirites  has 
given  rise  to  much  discussion.  Becker  {Hamdb.  der 
Romiachen  AUerthumer^  vol  it  pu  24)  oondndes 
that  Romani  and  Quirites  are  so  far  opposed  that 
Romani  is  the  historical  and  political  name  viewed 
with  respect  to  foreign  states,  and  Quirites  the 
political  name  as  viewed  with  reference  to  Rome. 
Accordingly  Quirites  is  equivalent  to  Cives. 
(Sueton.  Caes.  70  ;  Plut.  Caes.  51  ;  Liv.  xlv. 
37.)  It  does  not  seem  easy  to  explain  the  dif- 
ference between  Civitas  Romana  and  the  Jus 
Quiritium,  yet  so  much  seems  clear  that  Civitas 
Romana  was  a  term  large  enough  to  comprehend 
all  who  were  Cives  in  any  sense.  But  the  Jus 
Quiritium  in  its  later  sense  seems  to  be  the  pure 
Privatum  Jus  as  opposed  to  the  Publicum  Jus,  and 
thus  it  differs  from  Jus  Civile  viewed  as  the  whole 
Roman  law,  or  as  opposed  to  the  law  of  other 
people.  He  who  daimed  a  thing  exclusively  as  his 
own  claimed  it  to  be  his  ex  Jure  Quiritium.  (Gaius, 
ii.  40.  See.)  Accordingly  we  find  the  expressions 
Dominus  and  Dominium  Ex  Jure  Quiritium,  as 
contrasted  with  In  bonis  [Dominium].  Such 
part  of  the  Roman  law,  in  its  widest  sense,  as 
related  to  buying,  sellmg,  letting,  hhring,  and  such 
obligations  as  were  not  founded  on  the  Jus  Civile, 
were  considered  to  belong  to  the  Jus  Gentium  (Dig. 
1.  tit  1.  s.  5),  that  is,  the  Jus  Naturale.  (Gains, 
il  65.)  Accordingly  when  ownership  could  be 
acquired  by  tradition,  occupation,  or  in  any  other 
way,  not  specially  provided  for  by  the  Jus  Civile, 
such  ownership  was  acquired  by  the  Jus  Gentium. 
When  the  Jus  Civile  prescribed  certain  forms  by 
which  ownership  was  to  be  transferred,  and  such 
forms  were  not  observed,  there  was  no  ownership 
Jure  Civili  or  Jure  Quiritium,  but  there  was  that 
interest  which  was  cfdled  In  bonis.  It  is  not  said 
by  Gaius  (ii.  40,  &c.)  that  the  In  bonis  arose  by 
virtue  of  the  Jus  Gentium,  and  it  may  perhaps  be 
concluded  that  he  did  not  so  view  it ;  for  in  another 
passage  (ii.  65),  he  speaks  of  alienation  or  change 
of  ownership  being  effected  either  by  the  Jus 
Naturale,  as  in  the  case  of  tradition,  or  by  the  Jus 
Civile,  as  in  the  case  of  mancipatio,  in  jure  cessio, 
and  usucapion.  In  this  passage  he  is  speaking  of 
alienation,  which  is  completely  effected  by  tra- 
dition, so  that  there  is  a  legal  change  of  ownership 
recognized  by  Roman  law ;  not  by  Roman  law, 
specially  as  such,  but  by  Roman  law  as  adopting 
or  derived  from  the  Jus  Gentium.  In  the  other 
case  (ii.  40)  there  is  no  ownership  either  as  re- 
cognized by  Romaa  law  as  such,  or  by  Roman  law 


JUS. 

as  adopting  the  Jus  Gentium :  the  In  bonis  is 
merely  recognized  by  the  Praetorian  Law,  to  which 
division  it  therefore  belongs.  So  far  as  the  eqnity 
of  the  praetor  may  be  said  to  be  based  on  the  Jus 
Gentium,  so  far  may  the  In  bonis  be  said  to  he 
founded  on  it  also.  Properiy  speaking,  the  Jus 
Gentium  was  only  received  as  Roman  hw,  when 
it  did  not  contradict  the  Jus  Civile ;  that  is,  it 
could  only  have  its  full  effect  as  the  Jus  Gentium 
when  it  was  not  contradicted  or  limited  by  the 
Jus  Civile.  When  it  was  so  contiadictiHl  or 
limited,  the  praetor  could  only  give  it  a  partial 
effect,  but  in  so  doing,  it  is  obvious  that  he  was 
endeavouring  to  nullify  the  Jus  Civile  and  so  to 
make  the  Jus  Gentium  as  extensive  in  its  opera- 
tion, as  it  would  have  been  but  for  the  limitation 
of  the  Jus  Civile.  The  bounds  that  were  placed 
to  this  power  of  the  praetor  were  not  veiy  definite. 
Still  he  generally  fiishioned  his  Jus  PFsetorinm 
after  the  analogy  of  the  Jus  Civile,  and  though  be 
made  it  of  no  effect  as  against  his  Jos  Praetoriom, 
he  maintained  its  form  and  left  it  to  its  full  ope- 
ration, except  BO  fiur  as  he  necessarily  limited  iti 
operation  by  his  own  Jus  Praetorium. 

Jus  used  absolutely  is  defined  to  be  **  an  boni 
et  aequi**  i^^K-  ^*  ^^^  ^*  ^  0*  which  is  an  abrard 
definition.  What  it  really  is,  may  be  collected 
from  the  above  enumeration  of  its  parts  or  divi- 
sions. Its  general  signification  is  Law,  and  in  this 
sense  it  is  opposed  to  Lex  or  a  Law.  Lex,  how- 
ever, as  already  shown,  is  sometimes  used  generally 
for  Law,  as  in  the  instance  from  Cicero  where  it  is 
opposed  to  Natura.  Lex  therefore  in  this  genersl 
sense  comprehends  leges  and  all  the  other  parts  of 
the  Jus  Civile.  In  its  special  sense  of  a  Law,  it 
is  included  in  Jus.  Jus  is  also  used  in  the  plural 
number  (Jura)  apparently  in  the  sense  of  the 
component  puctB  of  Jus,  as  in  Gaius  (i.  2),  where 
he  says  **  Constant  autem  jura  ex  Icgibus,^  &c. ; 
and  in  another  passage  (i.  1 58),  where  be  says  with 
reference  to  the  Agnationis  Jus  or  Law  of  Agnatic, 
and  the  CognationisJus  or  Law  of  Cognatio,  ^dvilis 
ratio  civilia  quidem  jura  corrumpere  potest.**  In- 
deed in  this  passage  Agnationis  Jus  and  Cognationia 
Jus  are  two  of  the  Jura  or  parts  of  Jus,  which 
with  other  Jura  make  up  the  whole  of  Jus.  Again 
(Gaius,  ii.  62),  that  provision  of  the  Lex  Julia  de 
Adulteriis,  which  forbade  the  alienation  of  the 
Fundus  Dotalis,  is  referred  to  thus — *^  quod  quidem 
jus,"  "  which  rule  of  law*'  or  "  which  law" — it 
being  a  law  comprehended  in  another  law,  which 
contained  this  and  many  other  provisions.  Thus 
though  Lex  in  its  strict  sense  of  a  Law  is  different 
from  Jus  in  its  large  sense,  and  though  Jus,  in  its 
narrower  sense,  is  perhaps  never  used  for  o  Lex, 
still  Jus,  in  this  its  narrower  sens?,  is  used  to  ex- 
press a  rule  of  kw.  Thus  Gaius  (L  47)  speaks  of 
the  jura  or  legal  provisions  comprised  in  the  Lex 
AeliaSentia ;  and  of^raas  based  on  the  Responsa 
Prudentium  (*'  responsa  prudentium  sunt  sententiae 
et  opiniones  eorum  quibus  permissum  estjum  con- 
dere,**  Gains,  i.  7  ;  Jurisconsulti). 

Jus  has  also  the  meaning  of  a  foculty  or  legal 
right  Thus  Gaius  says,  **  it  is  an  actio  in  rem, 
when  we  claim  a  corporeal  thing  as  onr  own,  or 
claim  some  jus  as  our  own,  such  as  a  jus  ntendi, 
eundi,  agendi.**  The  parental  power  is  called  a 
**  Jus  proprium  dvium  Romanorum.**  The  mean- 
ing of  law  generally,  and  of  a  legal  rigkty  are  ap- 
plied to  Jus  by  Cicero  in  the  same  sentence :  '^  I9 
a  man  ignonuit  of  law  {imperUm  jiiria\  sedL  ts 


JUS  AELIANUM. 


JUSJURANDUM. 


659 


my  right  (meitm  jttt)  by  the  Interdict** 
(  Rro  OaeemOy  c  1 1.)  As  the  BeTeial  rules  of  law 
which  are  often  comprised  in  one  lex,  or  which 
make  op  the  whole  body  of  Jus  (Law),  may  be 
called  juia  with  reference  to  their  object,  so  the 
various  legal  rights  which  are  severally  called  jus 
with  reference  to  some  particular  subject,  may  be 
ooUectirely  called  jura.  Thus  we  find  the  phrase 
Joza  Parentis  to  express  all  the  rights  that  flow 
from  the  &ct  of  legal  paternity. 

The  phrase  Jura  Praediorum,  which  is  used  by 
the  Roman  Jurists,  is  somewhat  peculiar,  and  open 
to  objection.     [SxRViTua] 

The  potestas  which  a  Roman  &ther  had  over  his 
children  and  a  husband  over  his  wife  in  manu,  being 
a  jus  or  l^gal  right,  there  hence  arose  the  distinc- 
tion of  persons  into  those  who  are  sw*  and  those 
who  are  alian  juris.  AU  the  rights  of  such  persons 
aeverally  are  represented  by  the  phrase  ^  Jus  Per- 
aonanuD,**  or  that  diTision  of  the  whole  matter  of 
Jos  which  treats  of  the  condition  of  persons  as 
members  of  a  Familia.     [Familia.] 

This  leads  to  the  mention  of  another  division  of 
the  matter  of  Uw  which  appears  among  the  Roman 
Jurists,  namely,  the  Law  of  Persons  ;  the  Law  of 
Things,  which  is  expressed  bv  the  phrase  **  jus 
qood  ad  res  pertinet  ;**  and  the  Law  of  Actions, 
**  jus  qaod  ad  actiones  pertinet**  (Gaius,  i.  8.) 
In  his  first  book  Gaius  treats  of  the  Law  of  Per- 
aoos,  in  the  sense  explained  in  the  article  Insti- 
TirrioNXS,  in  the  fourth  he  treats  of  the  Law  of 
Actions;  and  accordingly  the  second  and  third 
contain  the  Law  of  Things,  to  express  which  he 
does  not  use  a  phraseology  analogous  to  that  of 
**  Jos  Personarum  ;**  but  he  says  he  will  treat  De 
Rebna.    ( I  nstitutiones.  ] 

The  adjective  Justum  ofien  occurs  in  the  Latin 
writers,  in  the  sense  of  that  which  is  consistent 
with  Jos  or  Law,  or  is  not  contrary  to  law.  Thus 
it  is  a  justum  (legal)  matrimonium,  if  there  is  con- 
nubium  between  the  two  parties  to  the  marriage. 
The  word  Justnm  has  many  varieties  of  meaning, 
which  may  generally  be  derived,  without  much 
difficulty,  frran  the  meanings  of  Jus:  as  justa 
servitna,  justum  concilium,  justum  iter,  Justus  ex- 
excitus,  justa  causa. 

Jtts  is  q>po8ed  to  Judicium,  and  a  thing  was  said 
to  be  done  in  jure  or  4n  judicio,  according  as  it  was 
done  beibre  the  magistratus  or  before  a  judex. 
[Judicium.]  Thus  all  nutters  of  legal  question 
were  said  to  be  done  *^  aut  ad  populum,  aut  in  jure, 
aut  ad  judicem.**  (Plant  il/isnoecA.  iv.  2.  18.) 
Jos,  in  the  sense  of  the  place  '*  in  qno  jus  red- 
ditor**  (Dig.  1.  tit  1.  s.  11),  is  only  an  application 
of  the  name  of  what  is  done  to  the  place  in  which 
it  is  done.  The  expression  Jus  Dicere  is  explained 
under  Jurisdictia 

The  foregoing  explanation  of  Jus  may  not  be 
entirely  free  from  error,  nor  would  it  be  easy  to 
make  it  so,  as  will  appear  from  comparing  the 
views  of  various  modem  writers.  [G.  L.] 

JUS  AEDILITIUM.  [Aediles;  Edictum.] 

JUS  AELIA'NUM  was  a  compilation  by 
Sextus  Aelius  Paetus,  sumamed  Caius,  who  was 
consul  B.  &  198  (Liv.  xxxii.  7),  and  who  is  called 
by  his  contemporary  Ennius,  *^  egregie  cordatus 
homo.**  He  is  also  frequently  mentioned  with 
praise  by  Cicero  (de  Rep.  i.  18,  de  Or.  i.  45, 
iii  33).  The  Jus  Aelianum,  also  called  Tripertita, 
Cflotained  the  Law  of  the  Twelve  Tables,  an  in- 
texpietatioy  and  the  Legis  Actiones.    This  work 


existed  in  the  time  of  PomponiusL  (Dig.  1.  tit  2. 
s.  2.  §  38.)  Cicero  also  speaks  of  some  commen- 
tarii  by  Aelius.  (DeOrat  I  56,  Top.  2.)  [G.L.] 
JUS  ANNULO  RUM.  [Annulus.] 
JUS  APPLICATIO'NIS.  [Exsilium,  p. 
516,  b.] 
JUS  CIVFLE.  [Jua.] 
JUS  CIVI'LE  FLAVIA'NUM.  Appius 
Claudius  Caecus,  who  was  censor  b.  a  312,  is 
said  to  have  drawn  up  a  book  of  Actiones  or  forms 
of  procedure,  which  his  clerk  Cn.  Flavius  made 
public.  (Cic.  de  Or.  L  41.)  According  to  one 
story  (Dig.  1.  tit  2.  a  7)  Flavius  surreptitiously 
obtained  possession  of  the  book  of  Appius,  and 
was  rewarded  by  the  people  for  his  services  by 
being  made  Tribunus  Plebis  and  Curule  Aedile. 
The  effect  of  this  publication  was  to  extend  the 
knowledge  and  the  practice  of  the  law  to  the  ple- 
beians, and  to  separate  the  Jus  Civile  from  the 
Jus  Pontificium.  (Liv.  ix.  45  ;  Gellius,  vi.  9 ; 
Cic.  pro  Murena,  11.)  [G.  L.] 

JUS  CIVILE  PAPIRIA'NUM  or  PA- 
PI  SI  A'NUM  was  a  compilation  of  the  Leges 
R^iae  or  laws  passed  in  the  kingly  period  of 
Rome.  They  are  mentioned  by  Livy  (vi.  1).  This 
compilation  was  commented  on  by  Oranius  Flarcus 
in  the  tune  of  Julius  Caesar  (Dig.  50.  tit  1 6.  a. 
144),  to  which  circumstance  we  probably  owe  the 
preservation  of  existing  fragments  of  the  Leges 
Regiae.  There  is  great  doubt  as  to  the  exact 
chuacter  of  this  compikttion  of  Papirius,  and  as  to 
the  time  when  it  was  made.  Even  the  name  of 
the  compiler  is  not  quite  certain,  as  he  is  variously 
called  Caius,  Sextus,  and  Publius.  The  best  no- 
tice of  the  fragments  of  the  Leges  Regiae  is  by 
Dirksen,  in  his  ^  Versuchen  zur  Kritik  und  aua- 
legung  der  Quellen  des  Romischen  Rechts  **  See 
also  Zimmem,  Creedi.  de$  Rom.  Privatrechts.  [G.  L.] 
JUS  CIVITATIS.  [CiviTAS,  p. 291, b.] 
JUS  COMME'RCIL  [Civitas,  p.  291,  b.] 
JUS  CONNU'BII.     rCiviTAS,  p.   291,  b  ; 

MilTRIMONlUM.] 

JUS  EDICENDL     [Edictum.] 

JUS  GENTILI'TIUM.     [Gens.] 

JUS  GE'NTIUM.     [Jus.] 

JUS  HONORA  RIUM.    [Edictum.] 

JUS  HONO  RUM.    [Civitas,  p.  291,  b.] 

JUS  IMA'GINUM.     [NoBiLES.] 

JUS  ITA  LICUM.    [CoLONiA.] 

JUS  LATH.     [Civitas  ;  Latinitas.] 

JUS  LIBERO'RUM.    [Lex  Julia  bt  Pa- 

PIA   POFPABA.] 

JUS  NATURALS.    [Jus.] 
JUS  PONTIFICIUM.     [Jus.] 
JUS  POSTLIMrNIL    [Postliminium.] 
JUS  PRAEDIATO'RIUM.     [Praes.] 
JUS  PU'BLICUM,  PRIVA'TUM.    [Jus.] 
JUS  QUIRI  TIUM.     [Civitas  ;  Jus.] 
JUS  RELATIO'NIS.     [Ssnatus.] 
JUS  RESPONDENDL     [Jurisconsults] 
JUS  SCRIPTUM.     [Jus.] 
J  US  SUFFRA'GIL     [Civitas,  p.  291,  b.] 
JUS  VOCATIO,  IN.  [Actio.] 
JUSJURANDUM     («f>icoj),    an    oath.     1. 
Greek.     An  oath  is  an  appeal  to  some  superior 
being,  calling  on  him  to  bear  witne^  that  the 
swearer  spe^s  the  truth,  or  intends  to  perform 
the  promise  which  he  makes.     Hence  the  expres- 
sions iartp  Zths,  ^ehv  fiaprvpofxai^  and  others  of 
the  same  import,  so  frequently  used  in  the  taking 
of  oaths.     (Soph.  TVocA.  399,  Antiff.  184  ;   St. 
uu  2 


660 


JUSJURANDUM, 


Paal,  GalaL  i.  20.)  It  is  obyions  that  such  an 
appeal  implies  a  belief,  not  only  in  the  existence 
of  the  being  so  called  upon,  but  also  in  his  power 
and  inclination  to  punish  the  false  swearer  ;  and 
the  force  of  an  oath  is  founded  on  this  belief. 
Hence  an  oath  is  called  ^t&v  BpKos,  (Horn.  Hym, 
ad  Merc,  272.  515  ;  Find.  OL  vii.  119.)  Zebs 
SpKtos  (Soph.  PhUocL  1324)  is  the  god  who  has 
regard  to  oaths,  and  punishes  their  violation.  Z^y' 
Ixofv  itrdiyMTov  (Soph.  TViocft,  1190)  means  (ac- 
cording to  Suidas)  tpKov  iyymrHiv, 

We  find  early  mention  in  the  Greek  writers  of 
oaths  being  taken  on  solemn  and  important  oc- 
casions, as  treaties,  alliances,  vows,  compacts,  and 
agreements,  both  between  nations  and  individuals. 
Thus,  when  the  Greeks  and  Trojans  agree  to  de- 
cide the  fate  of  the  war  by  a  single  combat  be- 
tween Mcnclaus  and  Paris,  they  ratify  their  agree- 
ment by  an  oath.  (//.  iii.  276.)  The  alliance 
between  Croesus  and  the  Lacedaemonians  is  con- 
finned  by  oath.  (Herod,  i.  69.)  So  is  the  treaty 
between  the  Modes  and  Lydians,  whose  rites  in 
swearing  (as  Herodotus  tells  us,  i.  74)  were  the 
same  as  those  of  the  Greeks,  with  this  addition, 
that  they  made  an  incision  in  their  arms  and  tasted 
each  other*s  blood.  We  may  further  notice  the 
treaty  of  peace  between  the  Athenians  and  Pelo- 
ponnesians,  upon  which  every  state  was  to  swear 
4ittx<i>piQV  tpKov  rhv  fiiyurrov  (Thucyd.  v.  47), 
the  vow  of  the  Ionian  women  (Herod,  i.  146),  that 
of  the  Phocaeans  (Id.  165),  and  the  promise  of 
Circe  to  Ulyues  {Od,  x.  845).  The  reliance  placed 
in  an  oath  is  specially  shown  in  the  dialogue  be- 
tween Aegeus  and  Medea  in  Eurip.  Med,  736 — 
760  ;  and  the  speech  of  Athena  in  Eurip.  SuppL 
11 96.  For  other  examples  we  refer  the  reader  to 
Soph.  Oed.  Tyr,  647,  Oed,  Col,  1637,  Trachin, 
1183  ;  Herod,  vi.  74  ;  Horn.  i/.ix.  132. 

That  the  Greeks  (as  a  nation)  were  deeply  im- 
bued with  religious  feeling,  and  paid  high  regard 
to  the  sanctity  of  oaths,  may  be  gathered  from  the 
whole  tenor  of  their  early  history,  and  especially 
from  the  writings  of  the  poets.  Homer,  Aeschylus, 
and  Pindar.  (See  Thirlwall,  Hist,  of  Greece,  vol  L 
c.  vi.  §  3.)  They  prided  themselves  on  being  su- 
perior in  this  respect  to  the  barbarians.  ( Aelian. 
xiv.  2.)  The  treacherous  equivocation  practised 
by  the  Persians  at  the  siege  of  Barca  (Herod,  iv. 
201)  would  have  been  repugnant  to  the  feelings  of 
a  people,  whose  greatest  hero  declared  that  he 
hated  like  hell  one 

'Os  x*  ^Tffwv  ftkv  K9^  iy\  ^/>cirly,  AxXo  8^  $dfy. 

II  ix.  313. ' 

The  poets  firequently  allude  to  the  punishment 
of  perjury  after  death,  which  they  assign  to  the 
infernal  gods  or  furies  (Horn.//,  iv.  157,  xix.  260; 
Pind.  Olymp.  ii.  118;  Aristoph.  Ran.  274),  and 
we  find  many  proofs  of  a  persuasion  that  perjurers 
would  not  prosper  in  this  world.  (Horn.  IL  iv. 
67,  270,  vil  351  ;  Hesiod.  Op,  et  Dies,  280  ; 
Thuc  vii.  1 8.)  One  of  the  most  striking  is  the 
story  told  by  Leutychides  to  the  Athenians,  of 
Glaucus  the  Spartan,  who  consulted  the  Pythian 
oracle  whether  he  should  restore  a  deposit,  or  deny 
on  oath  that  he  had  ever  received  it ;  and  who,  for 
merely  deliberating  upon  such  a  question,  was  cut 
off  with  his  whole  family.  (Herod,  vi.  86;  Pausan. 
ii.  18,  viiL  7  ;  Juv.  Sat.  xiii.  202.) 

Anciently  the  person  who  took  an  oath  stood 
V^  and  lifted  his  hands  to  heaven,  as  he  would  in 


JUSJURANDUM. ' 

prayer ;  for  an  oath  was  a  species  of  prayer,  ancJ 
required  the  same  sort  of  ccrcmonr.  (Horn.  //. 
xix.  175,  254  ;  Pind.  OL  vii.  119.)  Oaths  were 
frequently  accompanied  with  sacrifice  or  libation. 
(Horn.  77.  iv.  158  ;  Aristoph.  Ackam.  148,  Verp, 
1048.)  Both  sacrifice  and  libation  are  naed  in  the 
compact  of  the  Greeks  and  Trojans  in  77.  iiL  276. 
The  victims  on  such  occasions  were  not  eaten ;  but, 
if  sacrificed  by  the  people  of  the  country,  were 
buried  in  the  ground;  if  by  stnmgers,  were  thrown 
into  the  sea  or  river.    (7/.  iiL  310,  xix.  267.) 

The  parties  used  also  to  lay  their  hands  apon 
the  victims,  or  on  the  altar  or  some  other  sacred 
thing,  as  if  by  so  doing  they  brought  before  them 
the  deity  by  whom  the  oath  was  sworn,  and  made 
him  witness  of  the  ceremony.  Hence  the  expr»- 
sions  rpbs  rhv  fivpubv  i^opKi(uv,  ifjo^dmu  Ka0 
Up&v,  (See  Reiske,  Index  ad  Dem,  s.  v.  *OfUfwai : 
Harpocr.  s.  v.  AiSos  ;  Thuc.  v.  47;  Goeller,  orf loc,; 
Juv.  613^  xiv.  219  ;  Ovid.  EpisL  Dido  ad  Aen. 
129.)  In  Homer  (7/.  xiv.  270),  Juno,  making  a 
solemn  promise  to  Sleep,  takes  the  Earth  in  one 
hand  and  Heaven  in  the  other,  and  swears  by 
Styx  and  the  subterranean  gods.  To  touch  the 
head,  hand,  or  other  part  of  the  body,  of  the  per- 
son to  whom  the  promise  was  made,  was  a  commoQ 
custom.  The  hand  especially  was  regarded  as  a 
pledge  of  fidelity,  and  the  allusions  to  the  junction 
of  hands  in  making  contracts  and  agreements 
abound  in  the  ancient  writers.  (Eurip.  Medea^ 
496  ;  Soph.  Pkiioct.  812,  Tradi.  1183  ;  Grid.  Ep. 
Phyllis  ad  Demoph.  21,  Briseis  ad  Aek,  1 07 ;  Horn. 
Hym.  ad  Vetu  26.)  Other  superstitious  rites  were 
often  superadded,  to  give  greater  solemnity  to  the 
ceremony  (Aesch.  iS^.  e.  Theb,  42  ;  Soph.  Aidig. 
264  ;  Demosth.  e.  Con.  1269),  which  appear  to  be 
ridiculed  by  Aristophanes  {Lysiat.  188). 

The  different  nations  of  Greece  swore  by  their 
own  peculiar  gods  and  heroes  ;  as  the  Tbebans  by 
Hercules,  lolaus,  Slc,  the  Lacedaemonians  by 
Castor  and  Pollux,  the  Corinthians  by  Poseidon 
(Aristoph.  Adiam.  774,  860,  867,  Equiies,  609, 
iysisL  81,  148)  ;  the  Athenians  swore  principally 
by  Zeus,  Athena,  Apollo  (their  varpAos  ^c^r)^ 
Demeter,  and  Dionysus. 

The  office  or  character  of  the  party,  or  the 
place,  or  the  occasion  often  suggested  the  oath  to 
be  taken.  Thus,  Iphigeneia  the  priestess  swears 
by  Artemis  in  Eurip.  IpL  m  Tasuis.  Menelans 
bids  Antilochtts  swear  by  Poseidon  (the  equestrian 
god),  the  subject  being  on  horses.  (7/.  xxiii.  585.) 
So  Philippides,  in  Arist.  Nub.  83,  is  made  ridi- 
culously to  swear  f^  rhv  no<rci8«  rhp  fra-cor. 
Achilles  swears  by  his  sceptre  (7Z.  i.  234),  Tele- 
machus  by  the  sorrows  of  his  fiither  {Od.  xz.  3S9). 
Hence  the  propriety  of  the  fitmous  oath  in  Demo- 
sthenes, by  the  warriors  who  fought  at  Marathon, 
&c  Here  we  may  observe,  that  as  swearing  be- 
came a  common  practice  with  men  upon  trivial 
occasions,  and  in  ordinary  oonversation,  they  used 
to  take  oaths  by  any  god,  person,  or  thing,  as  their 
peculiar  habits  or  predilections,  or  the  fancy  of  the 
moment,  dictated.  Pythagoras  on  this  aceount 
swore  by  the  number  Four.  (Lucian,  Pytkoff.  4 ; 
Plut  de  Plae,  PhU.  I  3. 1 61 6.)  Socrates  used  to 
swear  i^  rhv  ic^a,  in  which  he  was  absurdly  im- 
itated by  others.  (Athen.  ix.  p.  370.)  Aristo- 
phanes, so  keenly  aiive  to  all  the  foibles  of  his 
countrymen,  takes  notice  of  this  custom,  and  toraa 
it  into  ridicule.  Hence  he  makes  the  sausage- 
dealer  swear  i^  rhif  'Epp^p  r^  ieyepah^  {E^pnL 


JUSJURANDUM. 

i9T),  Sooata  ;iA  riir'Aiwwyoh''y  &c.  (Nub.  627.) 
(See  further  Veap.  83,  Aves,  54,  1611,  Aon.  336, 
lJ6d.) 

Women  alto  had  their  &Tourite  oaihs.  As  the 
mn  prefenred  swearing  by  Hercules,  Apollo,  &c, 
•0  the  other  sex  used  to  swear  by  Aphrodite,  De- 
meter,  and  Persephone,  Hera,  Hecate,  Artemis  ; 
sod  Athenian  women  by  Aglauros,  Pandrosns,  &c 
(Locian,  DiaL  Meretr.  7  ;  Xen.  Memor.  1.  5.  §  5; 
Anstoph.  Ly$uL  81,  148,  208,  439,  Eeelet.  70, 
Tkem.  286,  383, 533  ;  Theocr.  Idyll,  zr.  14.) 

The  secttrity  which  an  oath  was  supposed  to 
coofer  induced  the  Greeks,  as  it  has  people  of  mo- 
dem times,  to  impose  it  as  an  obligation  upon  per- 
mm  inrested  with  authority,  or  intrusted  with  the 
diichaige  of  responsible  duties.  (Plato,  de  Leg,  xiL 
p.  948.)    The  Athenians,  with  whom  the  science 
of  legislation  was  carried  to  the  greatest  perfection, 
were,  of  all  the  Greek  states,  the  most  punctilious 
in  this  respect  The  youth,  entering  upon  his  20th 
year,  aas  not  permitted  to  assume  ike  privileges  of 
a  citizen,  or  to  be  registered  in  the  kn^iapxuchr 
ypaft^iarttov,  without  taking  a  solemn  oath  in  the 
temple  of  Aglauros  to  obey  the  laws  and  defend 
bis  country.  (The  form  of  his  oath  is  preserved  in 
Pollux,  Till  105.)    The  archon,  the  judge,  and  the 
arbitrator,  were  required  to  bind  themselves  by  an 
oath  to  perform  their  respective  duties.    (See  Pol- 
lux, Le. ;  Hudtwalcker,  i«6er  <fts  Diai.  p.  10 ;  and 
DiCASTBS.)   As  to  the  oath  taken  by  the  Senate 
of  Five  Hundred,  see  Demosth.  a  Ttmoc  745. 
As  to  the  oath  of  the  witness,  and  the  voltmtary 
oatb  of  parties  to  an  action,  see  Marttria.   The 
importanre,  at  least  apparently,  attached  to  oaths 
in  courts  of  justice,  is  proved  by  various  passages 
in  the  oiatora.     (Andoc  ds  Mytt.  5  ;  Lycurg.  e. 
Leoer.  157.  ed.  Steph. ;  Antiph.  de  m.  Herod,  139, 
140.  ed  Steph. ;  Demosth.  c  AphofK  860.)  Demos- 
thenes constanUy  semiads  his  judges  that  they  are 
on  their  oaths,  and  Lycurgus  (JL  a.)  declares  that 
ih  imrexoK  ^V  ^ftoKparicuf  fyxos  iariy. 

Tbe  experience  of  all  nations  has  proved  the 
dangerous  tendency  of  makmg  oaths  too  common. 
The  history  of  Athens  and  of  Greece  in  general 
fiiniishea  no  exception  to  the  observation.  While 
in  the  popular  belief  and  in  common  parlance  oaths 
continned  to  be  highly  esteemed,  they  had  ceased 
to  be  of  nmch  leal  wealth  or  value.  It  is  impos- 
sible to  read  the  plays  of  Aristophanes,  the  orators, 
and  other  writers  of  that  period,  without  seeing 
that  pecjuy  had  become  a  practice  of  ordinary 
oocunence.  The  poet  who  wrote  that  verse  which 
incurred  tbe  censure  of  the  comedian,  v  yXwcff* 
•^^X*»  ^  ^  ii^*^  ianiiunos  (Eur.  HippoL  612; 
Anstoph.  Tktmn.  275),  was  not  the  only  person 
who  would  thus  refine.  The  bold  profligacy  de- 
scribed by  Aristophanes  {Nub.  1232—1241, 
EtpnL  298)  was  too  ofSten  realized  in  action.  To 
tiaoe  the  degeneracy  of  the  Greek  character  be- 
longs not  to  this  place.  We  conclude  by  reminding 
oar  readers  that  in  a  later  age  the  Greeks  became 
a  by- word  among  the  Romans  for  lying  and  bad 
feith.  {Cicpro  Fiacoo^  4  j  Juv.  Sat,  iii.  60,  Ac.) 
A  few  expressions  deserve  notice.  N^  is  used 
by  Attic  writers  in  affirmative  oaths,  fih  in  nega- 
tive. The  old  form  of  affirmation,  still  preserved 
by  the  other  Greeks,  and  used  by  Xenophon,  was 
^^f^  (Xen.  Mem.  ii  7.  §  14,  Apa.  Socr.  20.) 
^h  is  nothing  more  than  another  form  of  vcU,  used 
with  an  accusative  case,  ftk  being  omitted,  as  it 
•ftcn  is  m  negative  oatha.    (Soph.  Oerf.  Tyr.  660, 


JUSJURANDUM.  661 

1088,  Elect.  758, 1063.)  Nj^,  however,  is  never 
used  by  the  tragedians,  who  always  employ  a  para- 
phrase in  affirmative  oaths,  such  as  de^y  fULprvpftr- 
0eu.  *£To/u^yai  is  used  affirmatively,  ivofufvyou 
negatively,  according  to  Eustathius.  (Hom.  Od. 
ii.  377.)  At6fiywr0ou  is  to  swear  strongly,  to 
protest  (Soph.  TYach.  378.)  "OpKioy,  though 
often  used  synonymously  with  bpKos^  signifies 
more  strictly  a  compact  ratified  by  oath  ;  bpKta 
rifuftw  is  to  make  a  compact  with  oaths  and 
sacrifice  ;  and  through  the  fi%quent  practice  of 
sacrificing  on  such  occasions,  it  came  that  tpKiov 
was  sometimes  used  for  the  victim  itself.  (Hom. 
IL  iiL  245.)  In  the  phrase  bfiyvycu  Ko£t  Upatv^  the 
original  meaning  of  Kvrii  was,  that  the  party  laid 
his  hand  upon  the  victims ;  but  the  same  phrase 
is  used  metaphorically  in  other  cases,  where  there 
could  be  no  such  ceremony.  Thus  Karh  x^^^" 
c&xV  ffoiitraaOai  xt^«v  (Arist  E^.  660)  is 
to  make  a  vow  to  offer  a  thousand  kids ;  cu  thouyk 
ike  party  vowiny  layed  hie  hande  upon  the  kids  at 
the  timet  a»  a  hxnd  of  stake.  The  same  obsenation 
applies  to  bfiyvvat  jrar'  ^|ttAe«as.  (Comp.  La- 
saulz,  Ueber  den  Eid  bet  den  GriecheHy  Wiirzburg^ 
1844.) 

2.  Roman.  The  subjeet  of  Roman  oaths  may 
be  treated  under  four  dilVerent  heads,  vis.:  —  1. 
Oaths  taken  by  magistrates  and  other  persons  who 
entered  the  service  of  the  republic.  2.  Oaths 
taken  in  transactions  with  foreign  nations  in  the 
name  of  the  republic  3.  Oaths,  or  various  modes 
of  swearing  ia  common  life.  4.  Oaths  taken  be- 
iore  the  praetor  or  in  courts  of  justice. 

I.  Oaihe  taken  by  magistratea  and  other  persons 
who  entered  the  service  o/tJie  republic. —  After  the 
establishment  of  the  republic  the  consuls,  and  sub- 
sequently all  the  other  magistrates,  were  obliged, 
within  five  days  after  their  appointment,  to  pro- 
mise on  oath  that  they  would  protect  and  observe 
the  laws  of  the  republic  (in  leges  jurare,  Liv.  xxxi. 
50  ;  compare  Dionys.  v.  1.).  Vestal  virgins  and 
the  fiamen  dialis  were  not  allowed  to  swear 
on  any  occasion  (Liv.  U  e. ;  Fest  s.  v.  Jurare ; 
Plut  l^taest,  Rom.  pu  275),  but  whether  they  also 
entered  upon  their  sacred  offices  without  takmg  an 
oath  analogous  to  that  of  magistrates  is  unknown. 
When  a  fiamen  dialis  was  elected  to  a  magistracy, 
he  might  either  petition  for  an  especial  dispensa- 
tion (ut  legibus  solveretur\  or  he  might  depute 
some  one  to  take  the  oath  for  him.  But  this  codd 
not  be  done  unless  the  permission  was  granted  by 
the  people^  The  first  Roman  consuls  seem  only 
to  have  sworn  that  they  would  not  restore  the 
kingly  government,  nor  allow  any  one  else  to  do 
so  (Liv.  iL  1 ;  Dionys.  L  a),  and  this  may  have 
been  the  case  till  all  fears  of  such  a  restoration 
having  vanished,  the  oath  was  changed  into  » 
jusjuiandum  in  legest  The  consular  oath  was 
occasionally  taken  under  the  empire.  (Plin. 
Pameg.  64.) 

During  the  later  period  of  the  republic  we  also 
find  that  magistrates,  when  the  time  of  their  office 
had  expired,  addressed  the  people  and  swore  that 
during  their  office  they  had  midertaken  nothing 
against  the  republic,  but  had  done  their  utmost  to 
promote  its  wel&re.  (Cic.  ad  Fam,  v.  2.  §  7,  pro 
SuUa^  1 1,  in  Pison.  3,  pro  Dom.  35 ;  Dion  Cass, 
xxxvii.  p. 52,  xxxviii.  p.  72,  liii.  p.  568, ed.  Steph.; 
Liv.  xxix.  37.)  In  some  cases  a  tsibune  of  the 
people  might  compel  the  whole  senate  to  promise 
on  oath  that  they  would  observe  a  plebiscitun^ 
u  u  3 


662 


JUSJURANDUM. 


and  allow  it  to  be  carried  into  effect,  as  was  the 
case  with  the  lex  agraria  of  Satuminus.  The 
censor  Q.  Metellns,  who  refused  to  swear,  was  sent 
into  exile.  (Appian,B.  C.  i.  29  ;  C\c  pro  Seaet.  47; 
Plut.  Mar.  29.)  Daring  the  time  of  the  empire 
all  magistrates  on  entering  their  office  were  obliged 
to  ple^e  themselves  by  an  oath  that  thej  woald 
observe  the  acta  Caesaram  (  rurare  in  acta  Cae- 
tartan^  Suet.  Tiber.  67  ;  Tacit  Armal.  L  72,  xiiL 
26,  xvL  22  ;  Dion  Cass,  xlrii.  p.  384,  &c),  and 
the  senators  had  to  do  the  same  regularly  every 
year  on  the  first  of  January.  (Dion  Cass.  Iviii. 
p.  724 ;  compare  Lipsius,  Exeurt,  A.  ad  Tacit, 
Annal.  xvi.  22.) 

All  Roman  soldiers  after  they  were  enlisted  for 
a  campaign,  had  to  take  the  military  oath  (aacrch 
mentum)y  which  was  administered  in  the  following 
manner :  —  Each  tribunus  militum  assembled  his 
regiment,  and  picked  out  one  of  the  men  to  whom 
he  put  the  oath,  that  he  would  obey  the  com- 
mands of  his  generals  and  execute  them  punctually. 
The  other  «en  then  came  forward  one  after  an- 
other and  repeated  the  same  oath,  saying  that  they 
would  do  like  the  first  {idem  in  me,  Polyb.  yi. 
21  ;  FesL  a.  v.  Pnu^uraiiones).  Livy  (xxil  88) 
says  that  until  the  year  216  B.C.  the  military 
oath  was  only  sacramentum, '  t .  «.  the  soldiers 
took  it  voluntarily,  and  promised  (with  impreca- 
tions) that  they  would  not  desert  from  the  army, 
and  not  leave  the  ranks  except  to  fight  against 
the  enemy  or  to  save  a  Roman  citizen.  But  in 
the  year  216  b.  c.  the  soldiers  were  compelled  by 
the  tribunes  to  take  the  oath,  which  the  tribunes 
put  to  them,  that  they  would  meet  at  the  command 
of  the  consuls  and  not  leave  the  standards  without 
their  orders,  so  that  in  this  case  the  military  oath 
became  a  jusjurandum.  But  Livy  here  forgets  that 
long  before  that  time  he  has  represented  (iii.  20) 
the  soldiers  taking  the  same  jusjurandum.  A  per- 
fect formula  of  a  military  oath  is  preserved  in  Gel  • 
lius  (xvi.  4 ;  compare  Dionys.  vi.  23.) 

It  may  here  be  remarked  that  any  oath  might 
be  taken  in  two  ways :  the  person  who  took  it, 
either  framed  it  himself,  or  it  was  put  to  him  in 
a  set  form,  and  in  this  case  he  was  said  m  verba 
Jurare,  or  jumre  verbis  oonceptis.  Polybius  (vi  33) 
speaks  of  a  second  oath  which  was  put  to  all  who 
served  in  the  army,  whether  freemen  or  sUves,  as 
soon  as  the  castrametatio  had  taken  place,  and  by 
which  all  promised  that  they  would  steal  nothing 
from  the  camp,  and  that  they  would  take  to  the 
tribunes  whatever  they  might  happen  to  find.  The 
military  oath  was,  according  to  Dionysius  (xi. 
43),  the  most  sacred  of  all,  and  the  law  allowed 
a  general  to  put  to  death  without  a  formal  trial  any 
soldier  who  ventured  to  act  contrary  to  his  oath. 
It  was  taken  npon  the  signa,  which  were  them- 
selves considered  sacred.  In  the  time  of  the  em- 
pire a  clause  was  added  to  the  military  oath,  in 
which  the  soldiers  declared  that  they  would  con- 
sider the  safety  of  the  emperor  more  important  than 
anything  else,  and  that  they  loved  neither  them- 
selves nor  their  children  more  than  their  sovereign. 
(Arrian,  EpieL  ii'i.  14;  Suet.  Ca^.  15;  Ammian. 
Marc.  xxi.  6.)  On  the  military  oath  in  general, 
compare  Brissonius,  De  Formul.  iv.  c  1 — 5. 

II.  Oaths  taken  in  transactions  with  foreign  na- 
iions  in  the  name  of  the  republic  The  most  ancient 
form  of  an  oath  of  this  kind  is  recorded  by  Livy 
(i.  24),  in  a  treaty  between  the  Romans  and  Albans. 
The  pater  patratuB  pronounced  the  oath  in  the 


JUSJURANI^UM. 

name  of  his  country,  and  struck  the  Tictim  with  a 
flint-stone,  calling  on  Jupiter  to  destroy  the  Roman 
nation  in  like  manner,  as  he  (the  pater  patzatos) 
destroyed  the  animal,  if  the  people  should  violate 
the  oath.  The  chiefs  or  priests  ^  the  other  nation 
then  swore  in  a  similer  manner  by  their  own  gods. 
The  ceremony  was  sometimes  diSerent,  inasmuch 
as  the  fetialis  cast  away  the  stone  from  his  hands, 
saying.  Si  sdensfallo^  turn  me  Dieepiier  eahoa  wAe 
aroeque  bonis  ^iciai^  uti  ego  hunc  lajndmn.  (Fest 
fl.  V.  Lapidem.)  Owing  to  the  prominent  part 
which  the  stone  (lapis  sileae)  played  in  this  act, 
Jupiter  himself  was  called  Jupiter  Lapis  (Pdyb. 
iii.  25X  and  hence  it  waa  in  aftertimea  not 
uncommon  among  the  Romans  in  ordinary  oon- 
veisation  to  swear  by  Jupiter  Lapis.  (Geilins,  L 
21  ;  Cic  ad  Fam.  vii.  1,  12  ;  Plut  Smlla,  10.) 
In  swearing  to  a  treaty  with  a  foreign  nation,  a 
victim  (a  pig  or  a  lamb)  was  in  the  early  times  al- 
ways sacrificed  by  the  fetialis  (whence  the  expres- 
sions ^^mJm  ioere,  Spicia  r4fAfftv\  and  the  priest 
while  pronouncing  the  oath  probably  touched  the 
victim  or  the  altar.  (Virg.  Aen.  xii.  201,  &c  ; 
Liv.  XXL  45 ;  compare  FsTiALBa.)  This  mode  of 
swearing  to  a  treaty  through  the  sacred  person  of 
a  fetialis,  was  observed  for  a  long  time,  and  after 
the  second  Punic  war  tiie  fetiales  even  travelled  to 
Africa  to  perform  the  ancient  ceremonies.  (Liv. 
XXX.  43.)  The  jus  fetiale,  however,  fell  into  dis- 
use as  the  Romans  extended  their  oonquests  ;  and 
as  in  most  cases  of  treaties  with  foreign  nations,  the 
Romans  were  not  the  party  that  chose  to  promise 
anything  on  oath,  we  hear  no  more  of  oaths  on 
their  part ;  but  the  foreign  nation  or  conquered 
party  was  sometimes  obliged  to  promise  with  a  so- 
lemn oath  {sacramentum)  to  observe  the  conditions 
prescribed  by  the  Romans,  and  documents  record- 
ing such  promises  were  kept  in  the  capitoL  (Liv. 
xxvi.  24.)  But  in  cases  where  the  Romans  bad 
reason  to  mistrust,  they  demanded  hostages  as 
being  a  better  security  than  an  oath,  and  tfab  was 
the  practice  which  in  later  times  they  adopted 
most  generally.  At  first  the  Romans  were  very 
scrupulous  in  observing  their  oaths  in  contracts  or 
treaties  with  foreigners,  and  even  with  enemies  ; 
but  attempts  were  soon  made  by  individuals  to 
interpret  an  oath  sophistically  and  expliun  away 
its  binding  character  (Gelliua,  vii.  18  ;  Liv.  iiL 
20,  xxii.  61  ;  Cic.  (is  Ojf:  iii.  27,  &c.),  and  from 
the  third  Punic  war  to  the  end  of  the  republic, 
perjury  was  common  among  the  Romans  in  their 
dealings  with  foreigners  as  well  as  among  them- 
selves. 

III.  Oaths  or  various  modss  of  swearit^  in  com' 
mon  Ufe.  The  practice  of  swearing  or  calling 
upon  some  god  or  gods  as  witnesses  to  the  troth 
of  assertions  made  in  common  life  or  in  ordinary 
conversations,  was  as  common  among  the  Romans 
as  among  the  Greeks.  The  various  forms  used  in 
swearing  may  be  divided  into  three  classes :  — 

1.  Simple  invocations  of  one  or  more  gods,  as 
Hemis  or  Meherde^  that  is,  ita  me  Hercules  juvet, 
amet,  or  servet  (Fest  s.  v.  Meoaefyfr) ;  Pol,  Perpol 
or  Aedepoly  that  is,  per  Pollucem  ;  per  Jovem  La- 
pidem or  simply  per  Jovem;  per  stiperos;  perdeos 
immortales;  medins  fiOus^  that  is,  ita  roe  Dius 
(Afos)  filius  juvet  (Fest  s.  o. ;  Varro,  de  Ling, 
Lot.  iv.  p.  20,  Bip.) ;  ita  me  dens  amet^ardiiameid. 
Sometimes  also  two  or  a  great  number  of  gods 
were  invoked  by  their  names.  (Plaut  Bacchid,  iv. 
8.  51  ;  Terent  Andr,  iii.  2.  25.)     The  genii  of 


JUSJURANDUM. 

BflD  vera  regarded  as  divine  beings,  and  penona 

flied  to  swear  by  their  own  geniiu,  or  by  that  of 

t  friend,  and  during  the  empire  by  that  of  an 

emperor.    (Horat  Epist.  I  7,  94  ;   Snet  CaUg, 

27.)    Women  as  weU  as  men  swore  by  most  of 

the  gods ;  but  some  of  them  were  peculiar  to  one 

«f  ihe  aexes.    Thus  women  never  swore  by  Her- 

cniesi  and  men  never  by  Castor ;  Varra»  moreover, 

said  that  in  ancient  times  women  only  swore  by 

Gittor  and  Pollux,  while  in  the  extant  writers  we 

find  men  frequently  swearing  by  Pollux.  (OelHus, 

XL  (».)    Juno  and  Venus  were  mostly  invoked  by 

women,  hut  also  by  lovers  and  efieminate  men  in 

gaanl  (Plant  AmpkiL  ii.  2.  210 ;  Tibull.  iv.  la 

15;  Juv.  ii  98  ;  Grid.  Amor,  \l  7.  27,  ii.  8. 18.) 

2.  Invocations  of  the  gods,  together  with  an 

execration,  in  case  the  swearer  was  stating  a  fidse- 

bood.    Execrations  of  this  kind  are,  DU  me  per- 

AaA  (Plaut  MU.  Glor,  ui.  2. 20,  CHsidL  il  1. 21); 

dii  me  imlerficiant  (Plant  ModdL  i.  3.  35)  ;  dU- 

penm  (Hont  Sat.  I  9.  47)  ;  ne  vivam  (Cic  ad 

Fan,  viL  23  ;  Mart  x.  12.  3);  ne  talvtu  rim  (Cic. 

adAtLxvi.  13X  &c. 

3L  Persons  also  used  to  swear  by  the  indi- 
ridoals  or  things  most  dear  to  them.  Thus  we 
liaTe  instances  of  a  person  swearing  by  his  own  or 
another  man's  head  (Dig.  12.  tit  2.  s.  3.  §  4  ; 
Orid,  TYiaL  V.  4.  46  ;  Hennd,  iit  107  ;  Juv.  vL 
16),  by  his  eyes  (Plaut  Meneach,  v.  9. 1;  Ovid, 
Amor,  it  1 6. 44),  by  his  own  welfare  or  that  of  his 
children  (Dig.  12.  tit  2.  s.  5 ;  Plin.  EpisL  ii.  20), 
by  the  welfsre  of  an  emperor  (Cod.  2.  tit  4.  s.  41), 

Respecting  the  various  forms  of  oaths  and 
swearing  see  Brissonius,  de  Formul,  viiL  cc.  1 — 
IB.  [L.  S.] 

IV.  Oaths  iahen  before  the  praetor  or  in  cowrte  of 
jusHee.  There  might  be  a  jusjurandum  either  in  jure 
or  in  judicio.  The  jusjurandum  in  jure  had  a  like 
efiffct  to  the  confessio  in  jure,  and  it  stood  in  the 
place  of  the  Litis  Contbstatio  (Dig.  5.  tit  1. 
s.  28.  §  2).  The  jusjurandum  in  jure  is  the  oath 
which  one  party  proposed  to  his  adversary  (detulit) 
that  he  should  make  about  the  matter  in  dispute ; 
and  the  effect  of  the  oath  being  taken  or  refused 
was  equivalent  to  a  judicium.  If  the  defendant 
took  the  oath,  he  had  in  answer  to  the  actio  an 
exccptio  (plea)  jnrisjurandi,  analogous  to  the  ex- 
ceptw  rei  in  judicium  deductae  and  rei  judicatae. 
If  the  plaintiff  swore,  he  had  an  actio  in  factum 
(on  the  case)  analogous  to  the  actio  judicatL  The 
reason  of  the  jusjurandtun  having  this  effect  is 
exfJained  (Dig.  44.  tit  5.  s.  i)  to  be,  that  a  party 
to  a  cause  makes  his  adversary  the  judex  by  pro- 
posing to  him  to  take  the  oath  (deferendo  ei  ju»- 
jorandum/  This  jusjurandum  which  is  proposed 
(delatum)  in  jure,  is  oUled  necesearium,  because  he 
to  whom  it  is  proposed  cannot  simply  reftise  it ; 
be  must  either  take  the  oath,  or,  in  his  turn,  pro- 
pose (re/erre)  that  the  proposer  shall  take  it 
Simple  refusal  was  equivalent  to  con  essio  (con- 
fessionis  est  nolle  nee  jurare  nee  jusjurandum  re- 
fefie  ;  Dig.  12.  tit  2.  s.  38).  In  the  Edict  (Dig.  12. 
tit  2.  S.34.  §6),  the  piaetor  says  that  he  will 
compel  the  person  from  whom  the  oath  is  demanded 
to  pay  or  to  take  the  oath.  A  pupillus,  a  procurator, 
or  defensor,  a  Vestal,  and  a  flamen  dialis  could  not 
he  compelled  to  swear  (Qell.  x.  15). 

The  jusjurandum  in  judicio  (jusjurandum  judi- 
cisle)  is  required  by  the  judex,  and  not  by  either 
pf  the  parties,  though  cither  of  the  parties  may 


JUVENAUA. 


668 


suggest  it  This  jusjurandum  has  not  the  effect  of 
the  jusjurandum  in  jure:  it  is. merely  evidence, 
and  the  judex  can  give  it  such  probative  force  as 
to  him  seems  just  Such  an  oatn  is  only  wanted 
when  other  evidence  fails.  The  judicial  oath  was 
particulariy  applicable  in  cases  in  which  the  judex 
had  to  determine  the  value  of  the  matter  in  dis- 
pnte.  As  a  general  rule,  the  aestimatio  or  esti- 
mate of  value  or  damages  was  to  be  made  by  the 
judex  conformably  to  the  evidence  furnished  by 
the  plaintiff ;  but  if  the  defendant  by  his  dolus 
or  contumacia  prevented  the  plaintiff  from  recover- 
ing the  specific  thing,  which  was  the  object  of  the 
action,  and  consequently  the  plaintiff  must  have 
the  value  of  it,  the  judex  could  put  the  plaintiff  to 
his  oath  as  to  the  value  of  the  thing ;  but  he 
could  also  fix  a  limit  (^taxatio)  which  the  plaintiff 
must  not  exceed  in  the  amount  that  he  declared 
upon  oath.  This  is  called  jusjurandum  in  litem 
(Dig.  12.  tit  3).  This  oath  is  merely  evidence  ; 
the  judex  may  still  either  acquit  the  defendant  or 
condemn  him  in  a  less  sum  (Dig.  22.  tit  3  ;  De 
probationibus  et  praesumptionibus). 

As  to  the  Jusjurandum  Calumniae,  see  Caluk- 
NiA  ;  and  see  Judkx,  Judicium.  [O.  L.] 

JUSSU,  QUOD,  ACTIO,  is  a  Praetorian 
actio  which  a  man  had  against  a  fiither  or  master 
of  a  slave  (dominus),  if  a  filiusfrunilias  or  a  slave 
had  entered  into  any  contract  at  the  bidding 
(Jussu)  of  the  father  or  master,  for  the  full  amount 
of  the  matter  in  dispute.  He  who  thus  contracted 
with  a  filiusfamilias  or  a  slave,  was  not  considered 
to  deal  with  them  on  their  own  credit,  but  on  that 
of  the  father  or  master.  This  Actio  is  classed  by 
Gains  with  the  Exercitoria  and  Institoria.  (Gains, 
iv.  70;  Dig.  16.  tit  4.)  [G.  L.] 

JUSTA  FUNERA.     [Funbra,  p.  558,  b.] 

JUSTINIANE  US  CODEX.    [Codex  Jus- 

TINIANEUS.] 

JUSTI'TIUM,  probably  signified  originally  a 
cessation  of  judicial  business  (Juris  quari  interstitio 
quaedam  et  oessaiio,  GelL  xx.  i),  but  is  always  used 
to  indicate  a  time  in  which  public  business  of  every 
kind  was  suspended.  Thus  the  courts  of  law  and 
the  treasury  were  shut  up,  no  ambassadors  were 
received  in  the  senate,  and  no  auctions  took  place 
{Jurisdictionem  iniermitUy  daudi  aerarium^  judicia 
toUi,  Cic.  de  Har.  Resp.  36  ;  pro  Plane  14,  with 
Wunder's  note).  The  </tM^tYt«in  vnu  proclaimed 
{edioere^  indioere)  by  the  senate  and  the  magis- 
trates in  times  of  public  alarm  and  danger ;  and 
after  confidence  and  tranquillity  had  been  restored, 
the  Justitium  was  removed  {remittere^  eantere)  by 
the  same  authorities.  (Liv.  vi  7,  ix.  7,  x.  21  ; 
Plut  SuU.  8,  Mar.  85.)  As  such  times  of  alarm 
are  usually  accompanied  with  general  sorrow,  a 
Justitium  came  in  course  of  time  to  be  ordained  as 
a  mark  of  public  mourning,  and  under  the  empire 
was  only  employed  for  this  reason.  Thus  we  find 
it  usually  proclaimed  on  the  death  of  an  emperor 
or  of  a  member  of  the  imperial  family.  It  was 
observed  in  the  provinces  as  well  as  at  Rome,  and 
during  its  continuance  the  soldiers  were  released 
from  their  ordinary  military  duties.  (Tac.  Ann.  1. 
16,  ii.  82  ;  Suet  Tib.  52,  Cat.  24,  Galb.  10.) 

JUVENA'LIA,  or  JUVENA'LES  LUDX 
(^lov6eyd\ia  &<nrtp  rivk  yeavtirKtifAaTa),  were 
scenic  games  instituted  by  Nero  in  a.  d.  59,  in 
commemoration  of  his  shaving  his  beard  for  the 
first  time,  thus  intimating  that  he  had  passed 
from  youth  to  manhood.  He  was  then  in  the 
u  u  4 


664 


LABYRINTHUS. 


twenty-second  year  of  his  age.  These  games  were 
not  celebrated*  in  the  circus,  but  in  a  private 
theatre  erected  in  a  pleasure-ground  (tiemut),  and 
consisted  of  every  kind  of  theatrical  performance, 
Greek  and  Roman  plays,  mimetic  pieces,  and  the 
like.  The  most  distinguished  persons  in  the  state, 
old  and  young,  male  and  female,  were  expected  to 
take  part  in  them.  The  emperor  set  the  example 
by  appearing  in  person  on  the  stage  ;  and  Dion 
Cassius  mentions  a  distinguished  Roman  matron, 
upwards  of  eighty  years  of  age,  who  danced  in  the 
games.  It  was  one  of  the  offences  given  by  Paetus 
Thrasea  that  he  had  not  acquitted  himself  with 
credit  at  this  festival.  (Dion  Cass.  Ixi.  19  ;  Tac 
Ann.  xiv.  15,  xv.  33,  xvi.  21.)  Suetonius  (iVixr. 
12)  confounds  this  festival  with  the  Quinquennalia, 
which  was  instituted  in  the  following  year,  a.  d. 
60.  [Quinquennalia.]  The  Juvenalia  con- 
tinued to  be  celebrated  by  subsequent  emperors, 
but  not  on  the  same  occasion.  The  name  was 
given  to  those  games  which  were  exhibited  by  the 
emperors  on  the  Ist  of  January  in  each  year. 
They  no  lonflrer  consisted  of  scenic  representations, 
but  of  chariot  races  and  combats  of  wild  beasts. 
(Dion  Cas*.  Ixvii.  14  ;  Sidon.  ApoU.  Carm,  xxiii. 
307,  428 ;  Capitol.  Gord.  4 ;  comp.  Lipsius,  ad 
Tac.  Ann,  xiv.  15.) 


K.    See  C. 


L. 


tA'BARUM.     [SiGNA   MiLITARlA.] 

LABRUM.     [Balnkar,  p.  191.J 

LABYRINTHUS  {\a6vpiyBos),  This  word 
appears  to  be  of  Greek  origin,  and  not  of  Eg.vptian 
as  has  generally  been  supposed  ;  it  is  probably  a 
derivative  form  of  \6jSipos^  and  etymologicaJly 
connected  with  Xavpcu,  Accordingly,  the  proper 
definition  of  labyrinth  is  a  latge  and  complicated 
subterraneous  cavern  with  numerous  and  intricate 
passages,  similar  to  those  of  a  mine.  (Welcker, 
Aeseliyf.  Trilog.  p.  212,  &c)  Hence  the  caverns 
near  Nauplia  in  Argolis  were  called  labyrinths. 
(Strabo,  viii.  6.  p.  369.)  And  this  is  indeed  the 
characteristic  feature  of  all  the  structures  to  which 
the  ancients  apply  the  name  labyrinth,  for  they  are 
always  described  as  either  entirely  or  partially 
under  ground. 

The  eariiest  and  most  renowned  labyrinth  was 
that  of  Eg3'pt,  which  lay  beyond  lake  Moeris,  at  a 
short  distance  from  the  eity  of  Crocodiles  (Arsinoe), 
in  the  province  now  called  Faioum.  Herodotus 
(ii.  148)  ascribes  its  construction  to  the  dodecarchs 
(about  650  b.  c),  and  Mela  (i.  9)  to  Psammetichus 
alone.  But  other  and  more  probable  accounts  refer 
its  construction  to  a  much  earlier  age.  (Plin.  H.N. 
xxxvi.  13;  Diod.  Sic  i.  61,  89;  Strabo,  xvii. 
p.  81 1.)  This  edifice,  which  in  grandeur  eten  ex- 
celled the  pyramids,  is  described  by  Herodotus  and 
Pliny  {U.  cc.)  It  had  3000  apartments,  1500 
under  ground,  and  the  same  number  above  it,  and 
the  whole  was  surrounded  by  a  wall.  It  was  di- 
vided into  courts,  each  of  which  was  surrounded 
by  colonnades  of  white  marble.  At  the  time  of 
Diodorus  and  of  Pliny  the  Egj-ptian  labyrinth  was 
still  extant  But  the  ruins  which  modern  travel- 
Lts  describe  as  relics  of  the  ancient  l.ibyrinth,  as 
well  as  the  place  where  th(*y  saw  them,  do  not 


LABYRINTHUS. 

agree  with  what  we  know  from  the  best  ancient 
authorities  respecting  its  architecture  and  its  nte. 
(British  Mus.  Egyptian  Antiq,  voL  L  p.  64,  and 
more  especially  Bunsen,  Aeggptens  SteUe  m  dtr 
Weltgesdt.  vol  ii.  p.  324,  &c)  The  purpose  which 
this  labyrinth  was  intended  to  serve,  can  only  he 
matter  of  conjecture.  It  has  been  supposed  by 
some  writers  that  the  whole  arrangement  of  the 
edifice  was  a  symbolical  representation  of  the 
zodiac  and  the  solar  system.  Herodotus,  who  saw 
the  upper  part  of  this  labyrinth,  and  went  through 
it,  was  not  permitted  by  the  keepers  to  enter  the 
subterraneous  part,  and  he  was  told  by  them  that 
here  were  buried  the  kings  by  whom  the  labyrinth 
had  been  built,  and  the  sacred  crocodiles. 

The  second  labyrinth  mentioned  by  the  ancients 
was  that  of  Crete,  in  the  neighbourhood  of  Cnos- 
sus :  Daedalus  was  said  to  have  built  it  after  the 
model  of  the  Eg3rptian,  and  at  the  command  of 
king  Minos.  (Plin.  Diod.  U.  ec)  This  labyrinth 
is  said  to  have  been  only  one  hundredth  part  the 
size  of  the  Egyptian,  and  to  have  been  the  habit- 
ation of  the  monster  Minotaunis.  Although  the 
Cretan  labyrinth  is  very  frequently  mentioned  by 
ancient  authors,  yet  none  of  them  speaks  of  it  as 
an  eyewitness ;  and  Diodorus  and  Pliny  expressly 
state  that  not  a  trace  of  it  was  to  be  seen  in  their 
days.  These  circumstances,  together  with  the 
impossibility  of  accounting  for  the  objects  which  a 
Cretan  king  could  have  had  in  view  in  raising  such 
a  building,  have  induced  almost  all  modem  writen 
to  deny  altogether  the  existence  of  the  Cretan 
labyrinth.  This  opinion  is  not  only  supported  by 
some  testimonies  of  the  ancients  tfaemaclTea,  but 
by  the  peculiar  nature  of  some  parts  of  the  island 
of  Crete.  The*  author  of  the  Etymologicum  Magn. 
calls  the  Cretan  labyrinth  **  a  mountain  with  a  ca- 
vem,^*  and  Eustathius  {ad  Odyss.  zi.  p.  1688) 
calls  it  **a  subterraneous  cavern  ;***  and  similar 
statements  are  made  by  several  other  writers 
quoted  by  Meursius  (Oete,  pp.  67  and  69).  Such 
large  caverns  actually  exist  in  some  parts  of  Crete, 
especially  in  the  neighbourhood  of  the  ancient 
town  of  Gortys ;  and  it  was  probably  some  sucl 
cavern  in  the  neighbourhood  of  Cnossua  that  gave 
rise  to  the  story  of  a  labyrinth  built  in  the  reign 
of  Minos.  (See  Walpole's  TraveU,  p.  402,  &c. ; 
Hockh,  ITrgta,  i.  p.  56,  &c,  and  p.  447,  &c) 

A  third  labyrinth,  the  construction  of  which 
belongs  to  a  more  historical  age,  was  that  in  the 
island  of  I^emnos.  It  was  commenced  by  Smilis, 
an  Aeginetan  architect,  and  completed  by  Rboccns 
and  Diodorus  of  Samos,  about  the  time  of  the  iirst 
Oympiad.  (Plin.  L  e.)  It  was  in  its  conatraction 
similar  to  the  Egyptian,  and  was  only  distinguish- 
ed from  it  by  a  greater  number  of  columns.  Re- 
mains of  it  were  still  extant  in  the  time  of  Pliny. 
It  is  uncertam  whether  this  labyrinth  was  in- 
tended as  a  temple  of  the  Cabeiri,  or  whether  it  had 
any  connection  with  the  art  of  mining.  ( Wclckcr, 
AeschyL  TrU,  I.  c.) 

Samos  had  likewise  a  labyrinth,  which  was  built 
by  Theodoras,  the  same  who  assisted  in  building 
that  of  Lenmos  ;  but  no  particulars  are  Imown. 
(Plin.  H.  N.  xxxiv.  8.) 

Liistly,  we  have  to  mention  a  fiibulous  edifice  in 
Etruria,  to  which  Pliny  applies  the  name  of  laby- 
rinth. It  is  described  as  being  in  the  neighbour- 
hood of  Clusium,  and  as  the  tomb  of  Lar  Porsena. 
But  no  writer  says  that  he  ever  saw  it,  or  remains 
of  it;  and  Pliny,  who  thought  the  description  which 


LACINIAE. 

ke  fiMmd  of  it  too  &biiloaa,  did  not  Tentnre  to  giro 
it  ID  his  own  words,  but  quoted  thooe  of  Vairo, 
who  had  pcobaUr  taken  the  account  from  the  po- 
pohr  stories  of  the  £tnucaii8  themselves.  It  was 
■aid  to  hare  been  built  partly  under  and  portly 
tbore  ground,  whence  the  name  labyrinth  is  cor^ 
rectly  applied  to  it  But  a  building  like  this,  says 
Niebahr  {Hiatory  of  Roms^  Yol.  i  pw  130.  note 
405),  is  absolutely  impossible,  and  belongs  to  the 
Anbian  Nights.  (Comp.  Abeken,  MitteUtaUeny 
PL -243.)  [L.S.] 

LACERNA  Otatf^^aSy  /icvS^),  a  doak  worn 
by  the  Romans  orer  the  toga,  whence  it  is  called 
bj  Juvenal  (iz.  28)  **  munimentum  togae.*^  It 
differed  finnn  the  paenula  in  being  an  open  gar- 
meat  like  the  Oredc  pallium,  and  fisstened  on  the 
right  shoulder  by  means  of  a  buckle  (Jibida\ 
vhereas  the  paenula  was  what  is  called  a  ve$Hmm- 
tam  damnm  with  an  opening  for  the  head.  [Pab- 
KULA.J  The  Lacema  appears  to  have  been  com- 
monly used  in  the  army  (Veil  Pat  il  70,  80 ; 
Ovid,  FomL  il  746 ;  Prop.  iv.  3.  18%  but  in  the 
time  of  Cicero  was  not  usually  worn  in  the  city 
(Cic  PUi^.  ii.  30.)  It  soon  afterwards,  however, 
beeame  quite  connnon  at  Rome,  as  we  leam  from 
SoetMiins,  who  says  {Auff.  40)  that  Augustus, 
seeing  one  day  a  great  number  of  citizens  before 
his  tribunal  dressed  in  the  laoema,  which  was 
commonly  of  a  dark  colour  {jmUati)^  repeated  with 
indignation  the  line  of  ViigiL 

^  Romanoe  lemm  dominos,  gmUmque  fogatam^ 

and  gave  orders  that  the  Aediles  should  henceforth 
allow  no  one  to  be  in  the  forum  or  circus  in  that 
dress. 

Most  persons  seem  to  have  carried  a  lacema  or 
pnenola  with  them,  when  they  attended  the  public 
games,  to  protect  them  from  the  cold  or  rain  (Dion 
Caai.  Ivii  1 3) ;  and  thus  we  are  told  that  the  equites 
ued  to  stand  up  at  the  entrance  of  Claudius  and 
1st  aside  their  lacemae.   (Suet  Clamd.  6.) 

The  lacema  was  usually,  as  already  remarked, 
of  a  dark  colour  (/iuot  eoCore$y  Mart  i  97.  9),  and 
was  frequently  made  of  the  dark  wool  of  the 
Baetie  sheep  {Baetuxte  laeenas^  ziv.  1 33).  It  was, 
however,  sometimes  dyed  with  the  Tynan  purple, 
and  with  other  colours.  (Juv.  i.  27 ;  Mart  L  97.) 
Martial  (viii.  10)  speaks  of  larcemae  of  the  former 
kind,  which  cost  as  much  as  10,000  sesterces. 
When  the  emperor  was  expected  at  the  public 
games,  it  was  the  practice  to  wear  white  kcemae 
only.    (Mart  iT.  2,  xiv.  137.) 

The  lacema  was  sometimes  thrown  over  the 
head  for  the  purpose  of  concealment  (Hor.  Sai.  ii 
7.  55) ;  but  a  aiatllua  or  cowl  was  generally  used 
for  tlat  purpose,  which  appears  to  have  been  fre- 
quently attached  to  the  hicemae,  and  to  have 
formed  a  part  of  the  dress.  (Mart  xiv.  139, 
13*2.)     See  Becker,  GaUuSj  vol.  il  p.  95,  &c 

[CUGULLU&j 

LACi'NIAE,  the  angular  extremities  of  the 
toga,  one  of  which  was  brought  round  over  the  left 
shoulder.  It  was  generally  tucked  into  the  girdle, 
bat  sometimes  was  allowed  to  hang  down  loose. 
Plsatus  {MenxU.  i  2.  16)  indicates  that  it  occa- 
sionsUy  served  for  a  podcet-handkerehief  {At  iu 
ed^  state  ladniam  aiqite  absterge  eudarem  tiln) : 
V^ios  Paterculus  (ii.  3)  represents  Scipio  Nasica 
as  wt^ping  the  hicinia  of  his  toga  round  his  left 
«na  for  a  shield  (compare  VrL  Max.  iiL  2.  §  17) 
before  he  rushed  upon  Tib.  Gracchus ;  while,  ac- 


LAENA 


665 


cording  to  Servius  (ad  Virg,  Aen,  vii.  612),  the 
Cinctus  Gabinus  was  formed  by  girding  the  tog» 
tight  round  the  body  by  one  of  its  bciniae  or  loose 
ends.  These  expressions  aro  quite  irreconcileable 
with  the  opinion  of  Ferrarius  and  others,  that  the 
hicinia  was  the  fower  border  or  skirt  of  the  toga, 
while  all  the  passages  adduced  by  them  admit  of 
easy  explanation  according  to  the  above  view. 
The  lacinia  was  undoubtedly  permitted  by  some 
to  sweep  the  ground,  especially  by  such  as  wore 
their  garments  loosely.  Thus  Macrobius  (Sai.  ii.  3) 
remarics  upon  one  of  Cicero^  witticisms,  **  Jocatus 
in  Caesarem  quia  ita  praecingebatur,  ut  trahendo 
laciniam  velut  mollis  incederet,**  which  corresponds 
with  the  well-known  caution  of  Sulla  addressed 
to  Pompey,  **  Cave  tibi  ilium  pueram  male  prae- 
cinctum  ;**  and  Suetonius  tells  how  the  emperor 
CaiOA,  being  filled  with  jealousy  on  account  of  the 
plaudits  lavished  on  a  gladiator,  hurried  out  of  the 
theatre  in  such  haste  *^ut  calcata  lacinia  togae 
praeceps  per  gradus  iret"^  Moreover,  the  secondary 
and  figurative  meanings  of  the  word,  namely,  a  rag 
(Plin.  ff.  N.  xix.  7),  a  narrow  neck  of  land  (Id. 
V.  32),  tie  point  of  a  leaf  (Id.  xv.  30X  t^  «*- 
creecenees  wkich  hang  doom  from,  the  neek  of  a  she^ 
goat  (Id.  viii.  50),  &&,  accord  perfectly  with  the 
idea  of  the  angular  extremity  of  a  piece  ofdoth^  but 
can  scarcely  be  connected  naturally  with  the  notion 
of  a  border  or  skirt. 

The  corresponding  Greek  term  was  KpdffrtZop^ 
and  perhaps  wrtpvyioy  (Pollux  considers  these 
synonymous)  ;  and  accordingly  Plutaroh  ((rroccA. 
19)  and  Appian  (B,  C.  i.  16)  employ  the  former 
in  narrating  the  story  of  Scipio  alluded  to  above, 
with  this  difference,  however,  that  they  de^ 
scribe  him  as  throwing  rh  Kpdev§9oy  rod  Ifiarlov 
over  his  head  instead  of  twisting  it  round  his 
arm.  [W.  R.] 

LACO'NICUM.  [BALN«A«,p.l84,b.  190, b.] 

LACU'NAR.    [DoMU8,p.  432,a.] 

LACUS.    [FoN8,p.  544,b.] 

LAENA,  the  same  word  with  the  Greek 
X^atyoj  and  radically  connected  with  ^Axtnif  laua^ 
&c. 

1.  It  siffnifies,  properly,  a  woollen  doak,  the 
cloth  of  which  was  twice  the  ordinary  thickness 
(duarmn  togarum  tns/ar,  Varro,  de  Ling,  Lot.  v. 
133,  ed.  MUller),  and  therefore  termed  duplc» 
(Festus,  $.  V,  Laena;  Serv.  ad  Virg,  Aen,  iv. 
262),  shaggy  upon  both  sides  (SchoL  ad  Juv.  iii. 
283),  worn  over  the  pallium  or  the  toga  for  the 
sake  of  warmth.  (Mart  xiv.  136.)  Hence  per- 
sons carried  a  laena  with  them  when  they  went 
out  to  supper  (Mart  viiL  59) ;  and  the  rich  man  in 
Juvenal,  who  walks  home  at  night  escorted  by  a 
train  of  slaves  and  lighted  on  his  way  by  flam- 
beaux, is  wrapped  in  a  scarlet  laena.  (Juv.  iii. 
283.) 

2.  A  robe  of  state,  forming,  it  is  said,  in  ancient 
times,  part  of  the  kingly  dress.   (Plut  Num.  7.) 

3.  The  flamines  offered  sacrifice  in  a  laena 
which  was  fostened  round  the  throat  by  a  clasp, 
and  in  the- case  of  the  dialis  was  woven  by  the 
hands  of  the  flaminica.  (Serv.  ad  Virg.  Aen.  iv. 
262 ;  Cia  BnU.  57.) 

4.  In  later  times  the  laena  seems,  to  a  certain 
extent,  to  have  been  worn  as  a  substitute  for  the 
toga.  Thus  the  courtly  bard  in  Persius  (L  32)  is 
introduced  reciting  his  foshionable  lays  with  a 
violet-coloured  laena  over  his  shoulders;  and  we 
gather  from  Juvenal  (v.  1 30,  vii.  73)  that  it  was 


666 


LAMPADEPHORIA, 


an  ordinaiy  article  of  dress  among  tlie  poorer 
dasset.    ( Becker,  Galiu^  toI.  iL  p.  99.) 

5.  Noiuiu  define!  it  to  be  **  Teatimentam 
militare  qnod  supra  omnia  restimenta  sumitur,^ 
bat  quotes  no  authority  except  Virg.  Aen.  iv. 
262.  [W.R.] 

LAGE'NA.    [ViNUM.] 

LAMPADAHCHIA.    [Lampadbphoria.] 

LAMPADEPHO'RIA  {Xa^walhit>opia\  iorek- 
hearimf  (as  Herodotus  calls  itX  or  Katiiralhfipofiia^ 
lorak^raeB  (as  some  lexicographers),  also  ^ofiira- 
lovxos  iryi6p,  and  often  simply  f^irdf^  was  a 
game  common  no  doubt  throughout  Greece ;  for 
though  all  we  know  concerning  it  belongs  to 
Athens,  yet  we  hear  of  it  at  C!orinth,  Peigamus, 
and  Zerinthus  (BSckh,  Publ  Boon,  of  Athens^  p. 
463,  2nd  ed. ;  MUller,  Mmerv.  PoliaSy  p.  5)  ;  and 
a  coin  in  Mionnet,  with  a  Xo/uirdf  on  it,  which  is 
copied  below,  bears  the  legend  *Afiptiro\ir&v, 

At  Athens  we  know  of  fire  celebrations  of  this 
game:  one  to  Prometheus  at  the  Prometheia 
(Schol.  ad  ArUtopk,  Ran.  131  ;  Ister.  ap.  Harpoer. 
«.  9.)  ;  (I  second  to  Athena  at  the  Panathenaea  * 
(Herod,  vi.  105,  and  //.  oo.) ;  a  third  to  Hephaestos 
at  the  Hephaesteiaf  (HerocL  nii.  9,  and  ILce.);^ 
fourth  to  Pan  (Herod,  y.  105) ;  a  fifth  to  the  Thra- 
cian  Artemis  or  Bendis.  (Plat  ds  Hep.  p.  828,  a.) 
The  three  former  are  of  unknown  antiquity ;  the 
fourth  was  introduced  soon  after  the  battle  of  Ma- 
lathon  ;  the  last  in  the  time  of  Socrates. 

The  race  was  usually  run  on  foot,  hones  being 
first  used  in  the  time  of  Socrates  (Plat  L  c)  ; 
sometimes  also  at  night  (Interp.  yetus  ad  Ltieret. 
ii.  77.  ap.  Wakef.)  The  preparation  for  it  was  a 
principal  branch  of  the  yvfuwrtapxitij  so  much  so 
indeed  in  later  times,  that  KofiwaBapx^  seems  to 
have  been  pretty  much  equivalent  to  the  yvfamitrt- 
apxio.  (Aristot  Pol.  v.  8.  20.)  The  gymnasiarch 
had  to  provide  the  Xoftirdf,  which  was  a  candle- 
stick with  a  kind  of  shield  set  at  the  bottom  of 
the  socket,  so  as  to  shelter  the  flame  of  the  candle ; 
as  is  seen  in  the  following  woodcut,  taken  from  a 
coin  in  Mionnet  (pL  49. 
6.)  He  had  also  to  pro- 
vide for  the  training  of  the 
runners,  which  was  of  no 
slight  consequence,  for  the 
race  was  evidently  a  se- 
vere one  (compare  Aris- 
toph.  Vesp.  1203,  Ran. 
1085),  with  other  ex- 
penses, which  on  the  whole 
were  very  heavy,  so  that 
Isaeus  (de  Pkilod.  ffaered.  p.  62.  20)  classes 
this  office  with  the  x^PTY^^  and  rptiipapxict,  and 
reckons  that  it  had  cost  him  12  minae.  The  dis- 
charge of  this  ofiice  was  called  yvfUfOKrutpx*^'^ 
Xofiirdi^t  (Isaeus,  L  c),  or  iv  rcut  XofiTdo'i  yvfunn- 
o-tapx^'itrBai  (Xen.  de  Vectig.  iv.  52).  The  victo- 
rious gymnasiarch  presented  his  Aofiwdt;  as  a  votive 
offering  (kvdBrifUL^  Bejckh,  Inter.  No.  243,  250). 

As  to  the  manner  of  the  Xafiirafti}^pfa,  there 
are  some  things  difficult  to  understand.  The  case 
stands  thus.  We  have  two  accounts,  which  seem 
contradictory. — First,  it  is  represented  as  a  course, 
in  which  a  Aoftirdt  was  carried  from  one  point  to 

♦  Probably  the  greater  Panathenaea.  (Bockh, 
fdn  tttpr.) 

t  The  ceremony  at  the  Apaturia  was  diffident 


LAMPADEPHORIA. 

another  by  a  chain  of  runners,  each  of  wlioiii 
formed  a  sneceasive  link.  The  first,  after  naming 
a  certain  distance,  handed  it  to  the  second,  the 
second  in  like  manner  to  the  third,  and  so  on,  till 
it  reached  the  point  proposed.  Hence  the  ganae  ia 
used  by  Herodotus  (viiL  98)  as  a  eompariaoQ 
whereby  to  illustrate  the  Persian  ^Tyapi^,  by 
Plato  {Leg.  p.  776,  b.)  as  a  living  image  of  aoe- 
cessive  generations  of  men,  as  also  in  the  well- 
known  line  of  Lucretius  (ii.  77.) 

^  £t  quasi  cursores  vitai  lampada  tradunt*" 

(Compare  also  Auctor,  ad  Herenn.  iv.  46.)  And 
it  is  said  that  the  art  consisted  in  the  seveial  ron- 
nera  carrying  the  torch  unextinguished  throngh 
their  respective  distances,  those  who  let  it  go  out 
losing  all  share  of  honour.  Now,  if  this  were  all, 
such  explanation  might  content  ua.  But,  aeoondly, 
we  are  plainly  told  that  it  was  an  &y^,  tibe  run- 
ners are  said  &fuX\Mr$ai  (Plat  Rep.  L  e.) ;  some  are 
said  to  have  won  (wucaif  Ao^vdSc,  Andoc  m  AieA. 
ad  fin.;  compare  Bockh,  Inac  Na  243,  244) ;  the 
Schol.  on  AristopL  Ban.  {L  e.)  talka  of  rohs 
tcrdrovs  TpixorraSj  which  shows  that  it  must  hare 
been  a  race  between  a  number  of  persona ;  the 
Schol.  on  the  same  play  (v.  133)  speaks  of  k^lvai 
robs  9pofi4aSf  robs  rpixovras^  which  showa  that  a 
number  must  have  started  at  once. 

This  second  account  implies  eompet&ion.  But 
in  a  chain  of  runners,  each  of  whom  handed  the 
torch  to  the  next  man  suooesftWy,  where  could  the 
competition  be?  One  runner  might  be  said  to 
loee —  he  who  let  the  torch  out ;  but  who  could  be 
said  to  win  t 

We  offer  the  following  hypothesis  in  anawer  to 
this  question.  Suppose  that  there  were  eeoend 
ckaint  of  runners,  each  of  which  had  to  cany  the 
torch  the  given  distance.  Then  both  conditions 
would  be  fulfilled.  The  toreh  would  be  handed 
along  each  chain,  —  which  would  answer  to  the 
first  condition  of  tneeettive  delivery.  That  chain 
in  which  it  travelled  most  quickly  and  aoooest 
reached  its  destination  would  be  the  winner, — 
which  would  answer  to  the  second  oonditioo,  it 
bemg  a  nee  between  competitors. 

In  confirmation  of  this  hypothesis  we  observe 
as  follows:— The  inscription  in  Bdckh,  Na245, 
consiste  of  the  following  lines :  — 

XoftirdtSa  y^uefuras  <rhf  i^iiBots  riir  8*  ht^ilhim 
Evrvxt3i7t  iraTr  &y  Evrvx^Sovr  *A9fioye^5. 

This  Eutychides  was  oo  doubt  the  gymnasiarch 
who  won  with  the  l^ii^oi  he  had  trained,  just  as 
Andocides  (/.  c.)  talks  of  his  pewuain4wng  xifadSi 
as  gymnaaiareh ;  so  too  Inscr.  No.  250  records  s 
like  victory  of  the  tribe  Cecrepia*  Now  we  know 
that  the  g3rmnasiarehs  were  chosoi  one  from  each 
tribe.  If  then  each  furnished  a  chain  of  kofwaBn^ 
pot,  there  would  have  been  ten  (in  ktter times  twelve) 
chains  of  runners.  Perhaps,  however,  the  grm- 
nasiarehs  were  not  all  called  on  to  perform  this  ser- 
vice, but  each  once  only  in  the  year,  whieh  would 
allow  us  for  each  of  the  three  greater  celebrations 


♦  No.  244,  gives  a  Ibt  of  oi  wtut^aarres  rV 
AofcirdSa,  <Ae  winnert  in  the  lonA-race,  fourt<>en  id 
number.  Who  were  these?  If  the  several  links 
of  the  winning  chain,  it  is  rather  against  analog 
that  they  should  be  named.  No  one  tresr  heard 
the  names  of  a  chorus ;  yet  they  can  hardly  be 
fourteen  winning  gymnasiarehi. 


LANX. 

(the  Prmnetbeia,  Panathenaea,  and  Hephaesteia) 
three  or  fbar  chains  of  ccmpetitors. 

The  fiacM  of  raimiiig  was,  in  these  great  celehra- 
tiaiis,  from  the  altar  of  the  Three  Gods  (Prome- 
theoa,  Athena,  and  Hephaestos)  in  the  outer 
Cersuneiciis  to  the  Acropoll^  a  distance  of  near  half 
a  nule.  (Pausan.  i.  30.  §  2 ;  SchoL  ad,  R<m,  1 085.) 
That  in  honoor  of  Bendis  was  nm  in  the  Peiraeeas. 
(PlaLLe.) 

The  criffm  of  thcae  games  must  he  sought,  we 
thiak,  m  the  worship  of  the  Titan  Prometheus. 
The  action  of  carrying  an  unextinguished  light 
from  the  Cprameictts  to  the  Acropolis  is  a  lively 
symbol  of  the  benefit  conferred  by  the  Titan  upon 
man,  when  he  bore  fire  from  the  habiutions  of 
the  gods,  and  bestowed  it  upon  man. 

K\i4as  hcofjuiroto  'Kvpibs  TnXicKVWw  ahy^P 

iw  KoUy  Fd^ici.     (Hesiod.  neog.  566.  Gaisf.) 

But  the  gratitude  to  the  giver  of  fire  soon  passed 
to  the  Olympian  gods  who  presided  over  ite  use, 
—  Hephaestos,  who  taught  men  to  apply  it  to  the 
mating  and  moulding  of  metal,  and  Athena,  who 
carried  it  through  the  whole  circle  of  useful  and 
ornamental  arts.     To  these  three  gods,  then,  were 
these  gvmes  at  first  devoted,  as  the  patrons  of  fire. 
And  looking  to  the  phice  it  was  run  in  —  the 
Cetameicus  or  Potters'  quarter —  we  are  much  in- 
dmed  to  adopt  Welcker's  suggestion  {Acsehyli^che 
Trilogies  p.  121),  via.  that  it  was  the  Ktpafiui  or 
potters  who  instituted  the  Xatato^n^la,     Athena 
(as  we  Icaxn  from  the  Kepo^Ji)  was  their  patron 
goddess  ;  and  who  more  than  they  would  have 
reason  to  be  thankful  for  the  gift  and  use  of  fira  ? 
Pottery  would  be  one  of  the  first  modes  in  which 
it  would  be  made  serviceable  in  promoting  the  arts 
of  life.    In  later  times  the  same  honour  was  paid  to 
all  gods  who  were  in  any  way  connected  with  fire, 
as  to  Pan,  to  whom  a  perpetual  fire  was  kept  up  in 
his  grotto  under  the  Acropolis,  and  who  was  in 
this  capacity  called  by  the  Greeks  Phanetes,  by 
the  Romans  Lucidus ;  so  also  to  Artemis,  called 
by  Sophodes  'A/u4ilvvpof,  and  worshipped  as  the 
moon.    (Creuzer,  Symbolique^  vol  il  pp^  752,  764, 
French  transL)     At  first,  however,  it  seems   to 
have  been  a  symbolic  representation  in  honour  of 
the  gods  who  gave  and  taught  men  the  use  of 
maiaial  nundding  fire  (irib^f X"®"  *^P»  SiWo-icaXoT 
Tcxn^r,  as  Aeschylus  calls  it.  Prom,  7.  110), 
though  this  special  signification  was  lost  sight  of 
in  later  times.    Other  writers,  in  their  anxiety  to 
get  a  common  signification  for  all  the  times  and 
nodes  of  the  XofiiraJbnu^opia^  have  endeavoured  to 
prove  that  all  who  were  honoured  by  it  were  con- 
nected with  the  heavenly  bodies,  Xatiirpoi  Bweurrai^ 
(»  Creuxer,  L  e.  ;  Miiller,  Minerva  PoUa$,  p.  5)  ; 
others  that  it  always  had  an  inner  signification, 
alluding  to  the  inward  fire  by  which  Prometheus 
pot  life  into  man  (so  BrOnsted,  Voytgegy  voL  ii. 
p  286,  note  2).    But  (Ms  legend  of  Prometheus 
wa/a  later  interpretation  of  the  earlier  one,  as  may 
be  seen  by  comparing  PUt.  Protag.  p.  321,  d,  with 
Hesiod.  IJieog.  56 1 ,  &c  [H.  G.  L.] 

LAMP  AS.     [Lampadbphoriji.] 
LANA'RIUS.    [PiLBUB.] 
LA'NCEA.    [Hast A,  p.  588  a.] 
LANIFl'CIUM.    [Tbla.] 
LANISTA.    [Gladiatores.] 
LANTERNA.    [Latkrna.] 
LANX,  dim.  LANCULA,  a  large  dish,  made 
of  silver  or  some  other  metal,  and  sometimes  em- 


LARARIUM. 


667 


bossed,  used  at  splendid  entertainments  to  hold 
meat  or  fruit  (Cic.  ad  Att.  vll  ;  Hor.  Sat.  iL  2. 
4,  ii.  4.  41  ;  Ovid,  de  Ponio^  iii.  5.  20  ;  Pctron. 
31)  ;  and  consequently  at  ^orifices  (Virg.  Cfwrg, 
ii.  194,  394,  Aen.  viii.  284,  xii.  215  ;  Ovid.  d« 
PontOy  iv.  8.  40)  and  funeral  banquets  (Propert. 
ii.  13.  23).  The  silver  dishes,  used  by  the  Ro- 
mans at  their  grand  dinners,  were  of  a  vast  size, 
so  that  a  boar,  for  example,  might  be  brought  whole 
to  table.  (Hor.  L  c)  They  often  weighed  from 
100  to  500  pounds.    (Plm.  H.  N.  zxxiii.  52.) 

The  balance  (Libra  biianx^  Mart  Cap.  ii.  180) 
was  so  called,  because  it  had  two  metallic  dishes. 
(Cic.  Acad,  iv.  12,  Tvue,  v.  17  ;  Viig.  Aen.  xii. 
725  ;  Pen.  iv.  10.)  [J.  Y.] 

LATHRIA  (Ao^pia),  an  annual  festival,  cele- 
brated at  Patrae  in  Achaia,  in  honour  of  Artemis, 
sumamed  Laphria.  The  peculiar  manner  in  which 
it  was  solemnised  during  the  time  of  the  Roman 
empire  (for  the  worship  of  Artemis  Laphria  was 
not  introduced  at  Patrae  till  the  time  of  Augustus), 
is  described  by  Pausanias  (viii.  18.  §  7).  On  tho 
approach  of  the  festival  the  Patraeans  placed  in  n 
circle,  around  the  altar  of  the  goddess,  large  pieces 
of  green  wood,  each  being  sixteen  yards  in  length ; 
within  the  altar  they  placed  dry  wood.  They  then 
formed  an  approach  to  the  altar  in  the  shape  of 
steps,  which  were  slightly  covered  with  earth. 
On  the  first  day  of  the  festival  a  most  magnifi- 
cent procession  went  to  the  temple  of  Artemis,  and 
at  the  end  of  it  there  followed  a  maiden  who  had 
to  perform  the  functions  of  priestess  on  the  occa- 
sion, and  who  rode  in  a  chariot  drawn  by  stags. 
On  the  second  day  the  goddess  was  honoured  with 
numerous  sacrifices,  offered  by  the  state  as  well  as 
by  private  individuals.  These  sacrifices  consisted 
of  eatable  birds,  boars,  stags,  goats,  sometimes  of 
the  cubs  of  wolves  and  bears,  and  sometimes  of  tho 
old  animals  themselves.  All  these  animals  were 
thrown  upon  the  altar  alive  at  the  moment  when 
the  dry  wood  was  set  on  fire.  Pausanias  says  that 
he  often  saw  a  bear,  or  some  other  of  the  animals, 
when  seized  by  the  flames,  leap  from  the  altar  and 
escape  across  the  barricade  of  green  wood.  Those 
persons  who  had  thrown  them  upon  the  altar, 
caught  the  devoted  victims  again,  and  threw  them 
back  into  the  flames.  The  Patraeans  did  not  re- 
member that  a  person  had  ever  been  injured  by 
any  of  the  animals  on  this  occasion.  (Comp.  Paus. 
iv.  81.  §  6 ;  SchoL  ad  Ewrip.  Orest.  1087.)  [L.  S.] 
LAPICIDINAE.  [Lautumiab.] 
LAPIS  MILLIAOIIUS.  [Miluarium.] 
LAPIS  SPECULATIIS.  [Domus,  p.  432  a.] 
LA'QUEAR.  [Domus,  p.  432,  a.] 
LA'QUEUS,  a  rope,  was  used  to  signify  the 
punishment  of  death  by  strangling.  This  mode  of 
execution  vras  never  performed  in  public,  but  only 
in  prison  and  generally  in  the  TuUianum.  Hence 
we  find  the  words  career  and  lagueus  frequently 
joined  toffether  (see  e.g.  Tac.  Ann.  iii.  50).  Per- 
sons convicted  of  treason  were  most  frequently  put  to 
death  by  strangling,  as  for  instance  the  Catilinarian 
conspirators  (laqueo  gtUam  fregere.  Sail.  Cat.  55). 
This  punishment  was  frequently  •  inflicted  in  the 
reign  of  Tiberius  (Tac  Arm.  t.  9,  vi.  39,  40  ; 
Suet.  Tib.  61),  but  was  abolished  soon  afterwards 
(Tac.  Ann.  xiv.  48). 

LAQUEATO'RES.    [Gladiatores,  p.  575, 
b.] 

LARA'RIUM  was  a  place  in  the  inner  part  of 
a.  Roman  house,  which  vraa  dedicated  to  the  Lares, 


668 


LATER. 


LATER. 


and  in  which  their  images  were  kept  and  wor- 
shipped. It  seems  to  have  been  customary  for  re- 
ligious Romans  in  the  morning,  immediately  after 
they  rose,  to  perform  their  prayers  in  the  lararium. 
This  custom  is  said  at  least  to  have  been  observed 
by  the  emperor  Alexander  Severus  (Lamprid.  Al. 
Sev.  29,  31),  who  had  among  the  statues  of  his 
Lares  those  of  Christ,  Abraham,  Orpheus,  and 
Alexander  the  Great.  This  emperor  had  a  second 
lararium,  from  which  the  first  is  distinguished  by 
the  epithet  mqjus,  and  the  images  of  his  second  or 
lesser  lararium  were  representations  of  great  and 
distinguished  men,  among  whom  are  mentioned 
Virgil,  Cicero,  and  Achilles,  That  these  images 
were  sometimes  of  gold,  is  stated  by  Suetonius 
(  VitelL  2).  We  do  not  know  whether  it  was  cus- 
tomary to  have  more  than  one  lararium  in  a  house, 
or  whether  the  case  of  Alexander  Severus  is  merely 
to  be  looked  upon  as  an  exception.  [L.  S.] 

LARENTA'LIA,  sometimes  written  L  A  REN- 
TIN  A'LI  A  and  LAURENTA'LIA,  was  a  Ro- 
man festival  in  honour  of  Acca  Larentia,  the  wife 
of  Faustulus  and  the  nurse  of  Romulus  and  Remus. 
It  was  celebrated  in  December  on  the  10th  before 
the  Calends  of  January.  (Festiis,  s.  v.  ;  Macrob.  i. 
10  ;  Ovid,  Fast.  iii.  57.)  The  sacrifice  in  this 
festival  w^  performed  in  the  Velabrum  at  the 
place  which  led  into  the  Nova  Via,  which  was 
outside  of  the  old  city  not  far  from  the  porta 
Romanula.  At  this  place  Acca  was  said  to  have 
been  buried.  (Macrob.  L  c, ;  Varr.  de  lAng,  Lot. 
V.  23, 24.)  This  festival  appears  not  to  have  been 
confined  to  Acca  Larentia,  but  to  have  been  sacred 
to  all  the  Lares.  {"Atiiiymg^Dio  Religion  derRomtr^ 
vol.  il  p.  146.) 

LARES.  See  Did,  </  Gr,  and  Rom,  Biography 
and  MyOkoiogy, 

LARGI'TIO.  [Ambitus;  Frumkntariai 
Leges.] 

LARNACES  (\dpvaKts).    [Funus,  p.  555,  b.] 

LATER,  dim.  LATERCULUS  (xMveoy,  dim, 
w?^u$ls,  fcKivBlov^  a  brick.  Besides  the  Oreeks 
and  Romans  other  ancient  nations  employed  brick 
for  building  to  a  great  extent,  especially  the  Baby- 
lonians (Herod.  179  ;  Xen.  Anab,  iiL  4.  §§  7,  11  ; 
Nahum,  iii.  14)  and  Egyptians.  In  the  latter 
country  a  painting  on  the  walls  of  a  tomb  at  Thebes 
( Wilkinson^s  Manners  and  Customs,  vol  ii.  p.  99) 
exhibits  slaves,  in  one  part  employed  in  procuring 
water,  in  mixing,  tempering,  and  carrying  the  chiy, 
or  in  turning  the  bricks  out  of  the  mould  [Forma], 
and  arranging  them  in  order  on  the  ground  to  be 
dried  by  the  sun,  and  in  another  part  carrj'ing  the 
dried  bricks  by  meaAs  of  the  yoke  [Asilla].  In 
the  annexed  woodcut  we  see  a  man  with  three 
bricks  suspended  from  each  end  of  the  yoke,  and 
beside  him  another  who  returns  from  having  de- 
posited his  load. 

These  figures  are  selected  from  the  above-men- 
tioned painting,  being  in  fact  original  portraits  of 
two  *A(7^^ioi  irXivBo^poiy  girt  with  linen  round 
the  loins  in  exact  accordance  with  the  description 
given  of  them  by  Aristophanes,  who  at  the  same 
time  alludes  to  all  the  operations  in  the  process  of 
brick-m^iug  {ifXivBomoda,  Schol.  in  Find,  01.  v. 
20),  which  are  exhibited  in  the  Theban  painting. 
{Aves^U  32— 1 152  ;  Schol.  ad  loc.) 

The  Romans  distinguished  between  those  bricks 
which  were  merely  dried  by  the  sun  and  air  (la- 
teres  crudi,  Plin.  /T.  A'',  xxxv.  48  ;  Varro,  de  Re 
Rust,  i.  14  )  Col.  de  Re  Rust.  ix.  1 ;  irKivSos  wfi^^ 


Paus.  viii.  8.  §  5),  and  those  which  were  burnt  in 
the  kiln  (cocti  or  ooetiles;  ivral,  Xen.  AntA.  ii.  4. 
§  12  ;  Herod.  L  c).  They  preferred  for  the  par- 
pose  day  which  was  either  whitish  or  decidedly 
red.  They  considered  spring  the  best  time  foe 
brick-making,  and  kept  the  bricks  two  yean  before 
they  were  used.  (Pallad.  de  Rust,  vi  12).  They 
made  them  principally  of  three  shapes ;  the  Ly- 
dian,  which  was  a  foot  broad,  1^  feet  long ;  the 
ietradoron^  which  was  four  palms  square,  L  e. 
1  foot ;  and  the  penladoron^  which  was  five  pahns 
square.  They  used  them  smaller  in  private  than 
in  public  edifices.  Of  this  an  example  is  pre« 
aentcd  in  the  great  building  at  Trev»,  called  the 
palace  of  Constantine,  which  is  built  of  **"  burnt 
bricks,  each  of  a  square  form,  fifteen  inches  in 
diameter,  and  an  inch  and  a  quarter  thick.**  ( Wyt- 
tenbach^s  Gmde  to  the  Roman  Antiquities  of  Treves^ 
p.  42.)  These  bricks  therefore  were  the  pentad wa 
of  Vitruvius  and  Pliny.  At  certain  places  the 
bricks  were  made  so  porous  as  to  float  in  water ; 
and  these  were  probably  used  in  the  constniction 
of  arches,  in  which  their  lightness  would  be  a  grrat 
advantage  (Plin.  H,  N.  xxxv.  49  ;  Vitmv.  il  3.) 
It  was  usual  to  mix  straw  with  the  clay.  (Vitmv. 
L  e,  ;  Pallad.  de  Re  Rust,  vi.  12  ;  Exod.  v.  7.)  In 
building  a  brick  wall,  at  least  crudo  latere^  i.  e. 
with  unbumt  bricks,  the  interstices  were  filled 
with  clay  or  mud  (luio,  CoL  L  c),  but  the  bricks 
were  also  sometimes  cemented  with  mortar. 
(Wyttcnbach,  p.  65,  66.)  For  an  account  of  the 
mode  of  arranging  the  bricks,  see  Murus.  The 
Babylonians  used  asphaltum  as  the  cement.  (Herod. 
/.  c.)  Pliny  (vii.  57)  calls  the  brickfield  laUrarioy 
and  to  make  bricks  lateres  ducere,  cotresponding 
to  the  Greek  wXlyBovs  lAicety  or  ipv€tK  (Herod,  i. 
179,  ii.  1360 

The  Greeks  considered  perpendicular  brick  walls 
more  durable  than  stone,  and  introduced  them  in 
their  greatest  public  edifices.  Brick  was  so  com- 
mon at  Rome  as  to  give  occasion  to  the  lemazk  of 
the  emperor  Augustus  in  reference  to  his  improve- 
ments, that,  having  fonnd  it  brick  (lateritiam)^  he 
had  left  it  marble.  (Sueton.  ^i^.  29.)  TheBid|y- 
lonian  bricks  are  commonly  found  inscribed  with 
the  characters  called  firom  their  appearance  arrow- 
headed  or  cuneiform.  It  is  probable  that  these  in- 
scriptions recorded  the  time  and  place  where  the 
bricks  were  made.  The  same  practice  was  enjoined 
by  law  upon  the  Roman  brickmakers.  £ach  had 
his  mark,  such  as  the  figure  of  a  god,  a  plant,  or 
an  animal,  encircled  by  his  own  name,  often  with 
the  name  of  the  place,  of  the  consulate,  or  of  the 
owner  of  the  kiln  or  the  brickfield,      (ScmuJt 


LATERNA. 

d^Aginoourt,  Ree,  de  Fragment^  pp.  82 — 88.)  It 
has  b«en  observed  bj  several  antiquaries,  that  tbese 
imprints  upon  bricks  might  throw  considerable 
light  upon  the  history  and  ancient  geography  of 
the  plaices  where  they  are  found.  Mr.  P.  £. 
Winer  has  accordingly  traced  the  22nd  legion 
throogh  a  great  part  of  Germany  by  the  bricks 
which  bear  its  name.  {De  Leg,  Bom.  vie.  see., 
Dannstadt,  1830,  p.  106— 137.)  In  Britain  many 
Roman  bricks  have  been  fomid  in  the  country  of 
the  Silurea,  especially  at  Caer-leon,  with  the  in- 
KxipUom  LEG.  II.  AVO.  stamped  upon  them. 
[Ankaeologioy  r.  pb  35.)  The  bricks,  frequently 
discovered  at  York,  attest  the  presence  there  of  the 
6tb  and  9th  legions.  (Wellbeloved's  Eburaeum^ 
pp.  13,  34,  118). 

The  term  lateradms  was  applied  to  various  pro- 
doctions  of  the  shape  of  bricks,  such  as  pastry  or 
confectionery  (Pkut  Poen.  L  2.  115  ;  Cato,  de 
Re  Rust.  109)  ;  and  for  the  same  reason  ingots  of 
gold  and  sQver  are  called  IcUeree,  (Plin.  ff.  N. 
xxxiiL  17.)  [J.  Y.] 

LATERNA  or  LANTERN  A  (IwjJj,  Aristoph. 
Par,  841  ;  Pheiecratea,  p.  26.  ed.  Runkel ;  Av- 
X*»5xw»  Phrynichus,  Edog.  p.  59 ;  in  later 
Greek,  ^mv^s,  Athen.  xv.  58 ;  Philox.  GIobs.\  a 
kntem.  Two  bronze  hwtems,  constructed  with 
nioetj  and  skill,  have  been  found  in  the  ruins  of 
Hercolaneum  and  Pompeii  One  of  them  is  re- 
presented in  the  annexed  woodcut.  Its  form  is 
crlmdricaL  At  the  bottom  is  a  circular  plate  of 
metal,  resting  on  three  balls.  Within  is  a  bronze 
lamp  attach»l  to  the  centre  of  the  base  and  pro- 
vided with  an  extinguisher,  shown  on  the  right 
hand  of  the  lantern.  The  plates  of  translucent 
bom,  forming  the  sides,  probably  had  no  aperture  ; 
bat  the  hemispherical  cover  may  be  raised  so  as  to 
admit  the  hand  and  to  serve  instead  of  a  door,  and 
it  is  also  poforated  with  holes  through  which  the 
nnoke  might  escape.  To  the  two  upright  pillars 
nipporting  the  frame- work,  a  front  view  of  one  of 
vhich  is  shown  on  the  left  hand  of  the  hmtem, 
chains  are  attached  for  carrying  the  lantern  by 
I  of  the  handle  at  the  top. 


LATINITASL 


669 


We  learn  from  Martial^s  epigrams  (xiv.  61,  62) 
that  bladder  \ras  used  for  lanterns  as  well  as  horn. 
Snme  centuries  later  glass  was  also  substituted. 
(IsiA,  Orig.  XX.  10.)  The  most  transparent  horn 
bmtems  were  brought  from  Carthage.  (Plant  Aul. 
Hi.  6.  30.)  When  the  lantern  was  required  for 
me,  the  lamp  was  lighted  and  placed  within  it 


(Pherecrates,  p.  21.)  It  was  carried  by  a  slave 
(Fluvit.  Amphiir.  Prd.  149,  i.  1.  185  ;  Val.  Max. 
vL  8.  §  1 ),  who  was  called  the  latemariua.  (Cic. 
in  Pis.  9.)  [J.Y.J 

LATICLATII.  [Clavus.] 
LATI'NAE  FE'RIAE.  [Fbriak.] 
LATI'NITAS,  LATIUM,  JUS  LA'TII  (rk 
Ko^ovfjJyov  AartToVf  Strab.  p.  186,  Casaub. ;  Aarlov 
dixaioyf  Appian,  B.  C,  ii.  26.)  Ail  these  exprMsions 
are  used  after  the  Social  war  to  signify  a  certain 
status  intermediate  between  that  of  Gives  and 
PeregrinL  The  word  **  Latinitas^  occurs  in  Cicero 
(fld  AU.  xiv.  12),  where  he  is  speaking  of  the  La- 
tinitas  being  given  to  the  Siculi  after  Caesar's 
deatL  Before  the  passing  of  the  Lex  Julia  de 
Civitate,  Latini  were  the  citizens  of  the  old  towns 
of  the  Latm  nation,  with  the  exception  of  those 
which  were  raised  to  the  rank  of  mtmicipia:  it 
also  comprehended  the  coloniae  Latinae.  There 
were  before  the  Lex  Julia  only  two  classes,  Ciyes 
and  Peregrini ;  and  Peregrini  comprehended  the 
Latini,  Socii,  and  the  Provmciales,  or  the  free  sub- 
jects (A  the  Romans  beyond  the  limits  of  Italy. 
About  the  year  &c.  89,  a  Lex  Pompeia  gave  the 
Jus  Latii  to  all  the  Transpadani,  and  the  privilege 
of  obtaining  the  Roman  civitas  by  having  filled  a 
magistratus  in  their  own  cities.  To  denote  the 
status  of  these  Transpadani,  the  word  Latinitas 
was  used,  which  since  the  passing  of  the  Lex  Julia 
had  lost  its  proper  signification  ;  and  this  was  the 
origin  of  that  Latinitas  which  thenceforth  existed 
to  the  time  of  Justinian.  This  new  Latinitas  or 
Jus  Latii  was  given  to  whole  towns  and  countries ; 
as  for  instance  by  Vespasian  to  the  whole  of  Spain 
(Plin.  Hist.  Nat,  iii.  4) ;  and  to  certain  Alpine 
tribes  {Latio  donatio  Id.  iii.  20).  Hadrianus  gave 
the  Latium  (Latium  dedit)  to  many  ciUes.  (Spart 
Hadrian.  2\). 

This  new  Latinitas  was  given  not  only  to  towns 
already  existing,  but  to  towns  which  were  founded 
subsequently  to  the  Lex  Pompeia,  as  Latinae  Co- 
loniae ;  for  instance  Novum-Comum,  which  was 
founded  B.C.  59  by  Caesar.  (Appian,  B.  C,  ii. 
26.)  Several  Latin  towns  of  this  class  arc  men- 
tioned by  Pliny,  especially  in  Spain. 

Though  the  origin  of  this  Latinitas,  which  makes 
so  prominent  a  figure  in  the  Roman  jurists,  is  cer- 
tain, it  is  not  certain  wherein  it  differed  from  that 
Latinitas  which  was  the  characteristic  of  the  Latini 
before  the  passing  of  the  Julia  Lex.  It  is  however 
dear  that  all  the  old  Latini  had  not  the  same 
rights,  with  respect  to  Rome  ;  and  that  they  could 
acquire  the  civitas  on  easier  terms  than  those  by 
which  the  new  Latinitas  was  acquired.  (Liv.  xlL 
12.)  Accordingly  the  rights  of  the  old  Latini 
might  be  expressed  by  the  term  Majus  Latium, 
and  those  of  the  new  Latini  by  the  term  Minus 
Latium,  according  to  Niebuhr's  ingenious  emenda- 
tion of  Gaius  (i.  9Q)>  The  Majus  Latium  might 
be  considered  to  be  equivalent  to  the  Latium  An- 
tiquum and  Vetus  of  Pliny  (iv.  22)  ;  for  Pliny,  in 
describing  the  towns  of  Spain,  always  describes 
the  proper  colonies  as  consisting  **  Civium  Roma* 
norum,**  while  he  describes  other  towns  as  consist- 
ing sometimes  ^'Latinonun"  simply,  and  sometimes 
^  Latinorum  vetenun,**  or  as  consisting  of  oppidani 
''Latii  veteris  ;**  from  which  an  opposition  be- 
tween Latini  Veteres  and  Latini  simply  might  be 
inferred.  But  a  careful  examination  of  Pliny 
rather  leads  to  the  conclusion  that  his  Latini  Ve- 
teres and  Latini  are  the  sam^  and  that  by  these 


670 


LATINITAS. 


terms  he  merely  designates  the  Latini  Coloniarii 
hereafter  mentioned.  The  emendation  of  Niebuhr 
is  therefore  not  supported  by  these  passages  of 
Pliny,  and  though  ingenious,  it  onght  perhaps  to 
be  rejected  ;  not  for  the  reasons  assigned  by  Mad- 
vig,  which  Savigny  has  answered,  but  because  it 
docs  not  appear  to  be  consistent  with  the  whole 
context  of  Gaius. 

The  new  Latini  had  not  the  connubium  ;  and  it 
is  a  doubtful  question  whether  the  old  Latini  had 
it.     The  new  Latini  had  the  commercium. 

This  new  Latinitas,  which  was  given  to  the 
Transpadani,  was  that  legal  status  which  the  Lex 
Junia  Norbana  gave  to  a  numerous  class  of  freed- 
men,  hence  called  Latini  JunianL  (Gaius,  L  22, 
iii.  56 ;  Ulp.  Frag,  tit  i.)  The  date  of  this  lex  is 
not  ascertained  ;  but  it  is  fixed  with  some  pro- 
bability at  A.  U.  C.  772.  {Latini  Jumani^  by 
C.  A.  Von  Van^erow,  Marburg,  1833.) 

The  Latini  Coloniarii,  who  are  mentioned  by 
Ulpian  {Frag.  xix.  s.  4),  are  the  inhabitants  of  towns 
beyond  Italy,  to  whom  the  Latinitas  was  given. 
These  are  the  towns  which  Pliny  calls  **  oppida 
Latinorum  veterum,'*  and  enumerates  with  the  "op- 
pida civium  Romanorum  **  (iii.  3),  which  were 
military  colonies  of  Roman  citizens.  The  passages 
in  which  the  Latini  Coloniarii  are  mentioned,  as  a 
class  then  existing,  must  have  been  written  before 
Caracalla  gave  the  Civitas  to  the  whole  empire. 

These,  which  are  the  views  of  Savigny  on  this 
difficult  subject,  are  contained  in  the  ZeUachrift^  vol. 
ix.  Der  Rom.  Volkssdtlttss  der  Ta/el  von  Heradea. 
The  Latini  could  acquire  the  Jus  Quiritium,  ac- 
cording to  Ulpian  {Frag,  tit  iii.  De  Latuu8)y  in 
the  following  ways :  —  By  the  Beneficium  Princi- 
pale,  Liberi,  Iteratio,  Militia,  Navis,  Aedificium, 
Pistrmum ;  and  by  a  Senatus-consultum  it  was 
given  to  a  female  "  vulgo  quae  sit  ter  enixa.**  These 
various  modes  of  acquiring  the  civitas  are  treated 
in  detail  by  Ulpian,  from  which,  as  well  as  the 
connection  of  this  tide  **De  Latinis**  with  the 
first  title  which  is  ^  De  Libertis,**  it  appears  that 
be  only  treated  of  the  modes  in  which  the  civitas 
might  be  acquired  by  those  Latini  who  were  Li- 
berti.  The  same  remark  applies  to  the  observa- 
tions of  Gaius  (i.  28)  on  the  same  subject  {QuUnu 
modis  Latini  ad  CivUatem  Romanam  perven^i). 
Tn  speaking  of  the  mode  of  acquiring  the  civitas 
by  means  of  Liberi,  Gaius  speaks  of  a  Latinus,  that 
is,  a  Libertus  Latinus,  marrying  a  Roman  citizen, 
or  a  Latina  Coloniaria,  or  a  woman  of  his  own  con- 
dition, from  which  it  is  clear  that  all  his  remarks 
under  this  head  apply  to  Liberti  Latini ;  and  it 
also  appears  that  Gaius  speaks  of  the  Latini  Colo- 
niarii as  a  class  existing  in  his  time.  Neither 
Ulpian  nor  Gaius  says  any  thing  on  the  mode  b^ 
which  a  Latinus  Coloniarius  might  obtain  the  Civi- 
tas Romano. 

Savigny*s  opinions  on  the  nature  of  the  La- 
tinitas are  further  explained  in  the  eleventh 
number  of  the  ZeiUdirift  {Nachtrage  zu  den 
/r'uliwen  Arbeiten).  Richard  of  Cirencester,  in 
his  work  De  Situ  Britannia^  speaks  of  ten  cities 
in  Britain,  which  were  LcUio  jure  donatae ;  and 
this  is  a  complete  proof,  independent  of  other 
proofs,  that  Richard  compiled  his  work  from 
genuine  materials.  The  expression  ^  Latiura  Jus^ 
could  not  be  invented  by  a  monk,  and  he  here 
used  a  genuine  term,  the  full  import  of  which 
he  certainly  could  not  understand.    See  also  Civis, 

LiBERTUB,  MANUMI8Sia  [G.  L.] 


LATRUNCULL 

LATROCrNIUM,  LATRO'NES.  Armed 
persons,  wbo  robbed  others  abroad  on  the  public 
roads,  or  elsewhere,  were  called  Latnme^zxiA.  their 
crime  Latrodninm.  Murder  nras  not  an  enendsl 
part  of  the  crime,  though  it  was  frequently  sn  sc- 
companiment  (Sen.  deBen.  t.  14  ;  Festns,  pi  118, 
ed.  MiUler ;  Dig.  49.  tit  15.  a.  24,  50.  tit  16. 
8. 1 1 8.)  Under  the  republic,  Latnnes  were  appre- 
hended by  the  public  mag^trates,  such  as  coofiolt 
and  praetors,  and  forth wiUi  executed  (Liv.xxxix. 
29,  41).  By  the  /^  Cornelia  ds  Sioarii$  of  the 
dictator  Sulla,  they  were  classed  with  sicaiii,  and 
punished  with  death,  and  this  law  continaed  in 
force  in  the  imperial  period  (Paulas,  v.  23 ;  Dig. 
48.  tit  19.  s.  28.  §  15  ;  Sen.  de  Oem,  il  1,  Epi$L 
7  ;  Petron.  91).  The  Graasatores  were  aooiher 
kind  of  robbers,  who  robbed  people  in  the  stn«u 
or  roads.  The  name  seems  to  hare  been  originaUr 
applied  to  those  robbers,  who  did  not  cany  anas, 
and  who  followed  their  tmde  alone.  They  appear 
to  have  been  classed  with  the  sicarii  by  the  Lex 
Cornelia  ;  and  if  they  used  arms  or  were  united 
with  others  in  committing  the  robbeiy,  they  were 
punished  in  the  same  nuuiner  as  latrones  (Cic.  dt 
Fato^  15  ;  Suet  Oct  32  ;  Dig.  48.  tit  19.  b.28. 
§  1 0).  Comp.  Rein,  Dot  Orinunalrecld  der  Rmer, 
pp.  424—426. 

LATRU'NCULI  {irwtroi,  iH^'X  diaughti 
The  invention  of  a  game  resembling  djBoghto  vas 
attributed  by  the  Greeks  to  Palamedes  (Abacus, 
§  5).  The  game  is  certainly  mentioned  by  Homer, 
who  represents  the  suitors  of  Penelope  amasing 
themselves  with  it  {Od.  I  107.)  Othera  ascribed 
the  invention  to  the  Egyptian  Theuth  (PiaL 
Phaedr.  p.  274  d.)  ;  and  the  paintings  in  Egjpdao 
tombs,  which  are  of  far  higher  antiquity  than  any 
Grecian  monuments,  not  uiifrequently  reprnent 
persons  employed  in  this  recreation.  The  point- 
ing, firom  which  the  accompanying  woodcut  is 
taken,  is  on  a  papyrus  preserved  in  the  Moseam 
of  Antiquities  at  Ley  den,  and  was  probably  made 
about  1700  years  B.C.  It  is  renuu-kaUe  that  a 
man  is  here  represented  playing  alone ;  whereas 
not  only  in  works  of  Eg3rptian  art,  but  also  oa 
Greek  painted  vases,  we  commonly  obserre  two 
persons  playing  together.     For  this  purpose  there 


were  two  sets  of  men,  one  set  being  black,  the 
other  white  or  red.  Being  intended  to  represent 
a  miniature  combat  between  two  annies,  thej  were 
called  soldiers  {mUiUs^  Ovid.  Trid.  ii  477),  Aiei 
(Ao«fe»),  and  marauders  (/o/wMwa,  dim.  Udrma^ 
Ovid.  Art.  AmaL  ii.  208,  ia  357 ;  Mart  »n 


LAUTUMJAE. 

20;  Sen.  Epi$L  107)  ;  also  Calculi,  becauM 
stooes  were  ohen  employed  for  the  purpose.  (Gell. 
sir.  1.)  Sometimes  they  were  made  of  metal  or 
iroiT,  glan  or  earthenware,  and  they  were  vari- 
ous and  often  fanciful  in  their  forms.  The  object 
of  each  player  was  to  get  one  of  his  adYer8ary*s 
men  between  two  of  his  own,  in  which  case  he 
was  entitled  to  take  the  man  kept  in  check  (Ovid, 
IL  ec;  Mart.  xiv.  17),  or,  as  the  phrase  was,  alii' 
^atus  {StiLEput.  118).  Some  of  the  men  were 
obliged  to  be  moved  in  a  certain  direction  {ordine), 
and  were  therefore  called  ordiitarii;  others  might 
be  moved  any  way,  and  were  called  txiffi  (Isid. 
Orig,  xviii.  67) ;  in  this  respect  the  game  resem- 
bled chess,  which  is  certainly  a  game  of  great 
andqaity. 

Seneca  calls  the  board  on  which  the  Romans 
played  at  dnuighta,  tabula  latrunadaria  {Episi, 
118).  The  spaces  into  which  the  board  was 
divided  were  called  iiunscfratf.  (Mart.  viL  71.)  The 
aitacos,  represented  at  page  1,  is  crossed  by  five 
lines.  As  five  men  were  allowed  on  each  side,  we 
Duiy  suppose  one  player  to  arrange  his  fire  men  on 
the  lines  at  the  bottom  of  the  abacus,  and  the  other 
to  place  his  five  men  on  the  same  lines  at  the  top, 
and  ve  shall  have  them  disposed  according  to  the 
accounts  of  ancient  writers  {EtymoL  Mag,  s.  «. 
UtaeU :  PoUnx,  ix.  97 :  Eustath,  m  Horn,  L  o.\ 
vho  say  that  the  middle  line  of  the  five  was  called 
i«^  yfHi^Afin.  But  instead  of  five,  the  Greeks  and 
Romans  often  had  twelve  lines  on  the  board, 
vfaence  the  game  so  played  was  called  dmdedm 
terifita,  (Cic.  de  Orat.  1 50  ;  QuintiL  xL  2  ;  Ovid, 
ArLAmat.  ill  363.)  Indeed  there  can  be  little 
doubt  that  the  latrunculi  were  arranged  and  played 
in  a  considerable  variety  of  ways,  as  is  now  the 
case  in  ^ypt  and  other  Oriental  countries.  (Nie- 
bahr,  Ramsbeada:  naek  Arabian,  toI.  L  p.  1 72.) 

Besides  playing  with  draughtsmen  only,  when 
the  game  was  altogether  one  of  skill,  the  ancients 
used  dice  (Tbssbras,  Kv6oi)  at  the  same  time,  so 
ai  to  combine  chance  with  skill,  as  we  do  in  back- 
gammon or  tric-trac.  (Ter.  Jdelph,  iv.  7*  23  ; 
hid.  Orig.  xviii  60  ;  Bmnck,  An.  iiL  60  ;  Becker, 
Gotfua,  toL  ii.  p.  228,  See)  [J.  Y.] 

LATUS  CLAVUS.    [Clavus  Latus.] 

L.\UDA'TIO  FUNEBRIS.  [FuNU8,p.559a.3 

LA  U  RENT  ALIA.    [  Larentalia.  J 

LAU  TIA.     [Lboatus.] 

LAUTU'MIAE,  LAUTO'MIAE,  LATO'- 
Ml AE,  or  LATU'MIAE  {XtBorofilai  or  Aoro/itoi, 
LsL  Lopieiduiae)^  are  literally  places  where  stones 
are  cut,  or  quarries ;  and  in  this  sense  the  word 
^m-^fum  was  used  by  the  Sicilian  Greeks.  (Pseudo. 
Aicon.  ad  Cie,  e.  Vtrr,  ii.  1.  p.  161,  ed.  Orelli  ; 
compare  Diodor.  Sic.  xi.  25  ;  Plant.  PoenuL  iv.  2. 
5,  CapL  iii.  5.  65  ;  Festus,  t.  9.  Laiumiae.)  In 
partienlar,  however,  the  name  lautumiae  was  given 
to  the  public  prison  of  Syracuse.  It  lay  in  the 
steep  and  almost  inaccessible  part  of  the  town 
vhich  was  called  Epipohie,  and  had  been  built  by 
I>ionyaiu8  the  tyrant  (Aelian.  V,  H,  xii.  44  ;  Cic 
e.  Verr.  v.  .55.)  Cicero,  who  had  undoubtedly 
■een  it  himself,  describes  it  {e,  Verr.  v.  27)  as  an 
immense  and  magnificent  work,  worthy  of  kings 
and  tyrants.  It  was  cut  to  an  immense  depth  into 
the  solid  rock,  so  that  nothing  could  be  imagined 
to  be  a  safer  or  stronger  prison  than  this,  though  it 
W  no  roo4  and  thus  left  the  prisoners  exposed  to 
the  beat  of  the  sun,  the  rain,  and  the  coldness  of 
the  nights.    (Compare  Thucyd.  vil  87.)     The 


LECTICA. 


671 


whole  was  a  stadium  in  length,  and  two  plethra  in 
width.  (Aelian.  L  o.)  It  was  not  only  used  as  a 
prison  for  Syracusan  criminals,  but  other  Sicilian 
towns  also  had  their  criminals  often  removed  to  it 

The  Tullianum  at  RQme  was  also  sometimes 
called  lautumiae.  [Carcsa.]  [L.  S.J 

LECTFCA  («rAiyi|,«rAiyt8toy,or^p«(by)  was  a 
kind  of  couch  or  litter,  in  which  persons,  in  a  lying 
position,  were  carried  from  one  place  to  another. 
They  may  be  divided  into  two  classes,  via.,  those 
which  were  used  for  carrying  the  dead,  and  those 
which  served  as  conveniences  for  the  living. 

The  former  of  these  two  kinds  of  lecticae  (also 
called  lectica  funebris,  lecticula.  lectus  funebris, 
feretrum  or  capulumX  in  which  the  dead  were  car- 
ried to  the  grave,  seems  to  have  been  used  among 
the  Greeks  and  Romans  firom  very  early  times.  In 
the  beauty  and  costliness  of  their  ornaments  these 
lecticae  varied  according  to  the  rank  and  circum- 
stances of  the  deceased.  [Funus,  p.  559  a.]  The 
lectica  on  which  the  body  of  Augustus  was  carried 
to  the  grave,  was  made  of  ivory  and  gold^  and  was 
covered  with  costly  drapery  worked  of  purple  and 
gold.  (Dion  Cass.  Ivi.  34  ;  compare  Dionys.  Ant, 
Rom,  iv.  76 ;  Com.  Nepos,  J/t  22.  §  2  ;  Tacit 
HitL  iii.  67.)  During  the  ktter  period  of  the 
empire  public  servants  {teotkaru)  were  appomted 
for  the  purpose  of  carrying  the  dead  to  the  grave 
without  any  expense  to  the  fiumily  to  whom  the 
deceased  belonged.  (Novell  43  and  53.)  Repre- 
sentations of  lecticae  funebres  have  been  found  on 
several  sepulchral  monuments.  The  following  wood- 
cut represents  one  taken  from  the  tombstone  of 
M.  Antonius  Antius  Lupus. 


^^^' 


(Compare  Lipsius,  Eled.  119;  Scheifer,  De  Re 
Vehiculari^  iL  5.  p.  89 ;  Gruter,  frucripi,  p.  954. 
8  ;  Bottiger,  S<Unna,  vol  il  p.  200  ;  Agyafalva, 
Wanderungen  dureh  Pompeii.) 

Lecticae  for  sick  persons  and  invalids  seem  like- 
wise to  have  been  in  use  in  Greece  and  at  Rome 
from  very  early  times,  and  their  constroction  pro- 
bably differed  very  little  from  that  of  a  lectica 
funebris.  (Liv.  il  36  ;  Aurel  Vict  De  Vir.  III.  e, 
34.)  We  also  finequently  read  that  generals  in 
their  camps,  when  they  had  received  a  severe 
wound,  or  when  they  were  suffering  from  ill  health, 
made  use  of  a  lectica  to  be  carried  from  one  place 
to  another.  (Liv.  xxiv.  42  ;  Val.  Max.  il  8.  §  2  ; 
I  7;  Sueton.  ^1^.91.) 

Down  to  the  time  of  the  Gracchi  we  do  not  hear 
that  lecticae  were  used  at  Rome  kit  any  other  pur- 
poses than  those  mentioned  above.  The  Greeks, 
however,  had  long  been  fiimiliar  with  a  different 
kind  of  lectica  {K\irn  or  ^op9lov\  which  was  in- 
troduced among  them  from  Asia,  and  which  was 
more  an  article  of  luxury  than  anything  to  supply 
an  actual  want.  It  consisted  of  a  bed  or  mattress 
and  a  pillow  to  support  the  head,  placed  upon  a 
kind  of  bedstead  or  couch.  It  had  a  roof  consist- 
ing of  the  skin  of  an  ox,  extending  over  the  couch 
and  resting  on  four  posts.  The  sides  of  this  lec- 
tica were  oorered  with  curtains  (adAotot).    It  ap- 


672 


LECTICA. 


pears  to  have  been  chiefly  used  by  women  (Suid. 
«.  r.  ^opuoy\  and  by  men  only  when  they  were 
in  ill  health.  (Anacr.  ap  AOten,  xii.  p.  533,  &c.  ; 
Plut  Perid,  27  ;  LysiaB,  De  Vuln.  Proem,  p.  172  ; 
Andocid.  DeMygt,  d.30  ;  PluL  EumBn.  14.)  If 
a  man  without  any  physical  necessity  made  use  of 
a  lectica,  he  drew  upon  himself  the  censure  of  his 
countrymen  as  a  person  of  effeminate  character. 
(Dinarch.  o.  Demosth,  p.  29.)  But  in  the  time 
subsequent  to  the  Macedonian  conquests  in  Asia, 
lecticae  were  not  only  more  generally  used  in 
Greece,  but  were  also  more  magnificently  adorned. 
(Plut  A  fxU,  17.)  The  persons  or  shiTes  who  car- 
ried their  masters  or  mistresses  in  a  lectica  were 
called  ^op§aiip6pot  (Diog.  Laert  ▼.  4.  §  73),  and 
their  number  was  generally  two  or  four.  (Lucian, 
Epitt.  Saturn.  28  ;  Somn.  a.  GalL  10  ;  C>».  9  ; 
compare  Becker,  C7ianib/«s,  ii.  pu71,&c)  When 
this  kind  of  lectica  was  introduced  among  the 
Romans,  it  was  chiefly  used  in  travelling,  and  only 
very  seldom  in  the  city  of  Rome  itself.  The  first 
trace  of  such  a  lectica  is  in  a  fragment  of  a  speech 
of  C.  Gracchus,  quoted  by  Gellius  (x.  3).  From 
this  passage  it  seems  evident  that  this  article  of 
luxury  was  introduced  into  Italy  from  Asia,  and 
that  at  the  time  scarcely  any  other  lectica  than  the 
lectica  funebris  was  known  to  the  country  people 
about  Rome.  It  also  appears  from  this  passage 
that  the  lectica  there  spoken  of  was  covered  ;  other- 
wise the  countryman  could  not  have  asked  whether 
they  were  carrying  a  dead  body.  (Compare  Cic. 
Philip,  it  45  ;  Plut.  do.  48  ;  Dion  Cass,  xlvii.  10.) 
The  resemblance  of  such  a  lectica  used  by  the  Ro- 
mans to  that  which  the  Greeks  had  received  from 
Asia  is  manifest  from  the  words  of  Martial  (xi. 
98) :  ledioa  UUa  pelle  veloque.  It  had  a  roof  con- 
sisting of  a  large  piece  of  skin  or  leather  expanded 
over  it  and  supported  by  four  posts,  and  the  sides 
also  were  covertnl  with  curtains  (wia,  pt<*9^  or 
pLagtdae  ;  compare  Senec  Sutu,  i.  6  ;  Suet  TiL  1 0). 
During  the  time  of  the  empire,  however,  the  cur- 
tains were  not  thought  a  sufficient  protection  for  a 
lectica  ;  and,  consequently,  we  find  that  lecticae  used 
by  men  as  well  as  women,  were  closed  on  the  sides 
with  windows  made  of  transparent  stone  {lapi$ 
apecularis\  whence  Juveiml  (iv.  20)  calls  such  a 
lectica  an  antrum  dausum  UUii  tpeeularibui.  (Com- 
pare Juv.  iii.  239.)  We  sometimes  find  mention 
of  a  lectica  aperta  (Cic  Phil,  ii.  24),  but  we  have 
no  reason  to  suppose  that  in  this  case  it  had  no 
roof,  for  the  adjective  aperta  probably  means  no- 
thing more  than  that  the  curtains  were  removed, 
i.  e.  either  thrown  aside  or  drawn  up.  The 
whole  lectica  was  of  an  oblong  form,  and  the  per- 
son conveyed  in  it  lay  on  a  bed,  and  the  head 
was  supported  by  a  pillow,  so  that  he  might 
read  and  write  in  it  with  ease.  To  what  extent 
the  luxury  of  having  a  soft  and  pleasant  bed  in  a 
lectica  was  carried,  as  early  as  the  time  of  Cicero, 
may  be  seen  from  one  of  his  orations  against 
Verres  (v.  11).  Feather-beds  seem  to  have  been 
very  common.  (Juv.  i.  159,  &c)  The  frame- 
work, as  well  as  the  other  appurtenances,  were, 
with  wealthy  persons,  probably  of  the  most  costly 
description.  The  lectica,  when  standing,  rested  on 
four  feet,  generally  made  of  wood.  Persons  were 
carried  in  a  lectica  by  slaves  {leettearit)  by  means 
of  poles  (jasterei)  attached  to  it,  but  not  fixed,  so 
that  they  might  easily  be  taken  off  when  ncces- 
«ar>'.  (Sueton.  C5e%.  58  ;  Juv.  viL  122,  iii.  245  ; 
Martial,  Ix.  23.  9.)    There  can  be  no  doubt  that  the 


DECTICA. 

asserei  rested  on  the  shoulders  of  the  leetiearii,  and 
not  on  thongs  which  passed  round  the  necks  of  these 
slaves  and  bung  down  from  their  shoulder^  si 
some  modem  writers  have  thought  (Senec.  Epitt, 
80.  110;  Tertull.  ad  Uxor.  L  4;  Qem.  Alex. 
Paedag.  iii.  4  ;  Juv.  iii  240,  ix.  142.)  The  set 
of  taking  the  lectica  upon  the  shoulders  was  csJlrd 
tuccoUare  (Plin.  ff.N.  xxxv.  10  ;  Sueton.  C&iiaf. 
10),  and  the  persons  who  were  carried  in  this 
manner  were  said  mceoilari  (Sueton.  Oiko.  61 
From  this  passage  we  also  learn  that  the  name 
lecticarii  was  sometimes  incorrectly  applied  tothon; 
slaves  who  carried  a  person  in  a  sella  or  sedsn- 
chair.  The  number  of  lecticarii  employed  m  cany, 
ing  one  lectica  varied  according  to  its  sise,  and  the 
display  of  wealth  which  a  person  might  wish  to 
make.  The  ordinary  number  was  probablv  two 
(Petron.  Sat.  56  ;  Juv.  ix.  1 42)  ;  but  it  varied  from 
two  to  eight,  and  the  lectica  is  called  hexapberon 
or  octophoron,  accordingly  as  it  was  carried  by  six 
or  eight  persons.  (Juv.  i  64  ;  Mart  ii.  81,  vl  77 ; 
Cic.  c.  Verr.  t.  11,  ck^  Quint.  iL  10.)  Wesltfav 
Romans  kept  certain  slaves  solely  as  their  lecticarii 
(Cic  ad  Fam.  iv.  12)  ;  and  for  this  porpoie  they 
generally  selected  the  tallest,  stronger,  and  most 
handsome  men,  and  had  them  always  well  dressed. 
In  the  time  of  Martial  it  seems  to  have  been  cus- 
tomary for  the  lecticarii  to  wear  beautiful  red  lire- 
ries.  The  lectica  was  generally  preceded  by  a  slave 
called  anteambuln,  whose  office  was  to  make  room 
for  it.  (Martial,  iii.  46  ;  Plin.  EpisL  iii  14 ;  com- 
pare Becker,  Cfallua^  L  p.  213,  &&) 

Shortly  after  the  introduction  of  these  lecticae 
among  the  Romans,  and  during  the  latter  period  of 
the  republic,  they  appear  to  have  been  very  com- 
mon, though  they  were  chiefly  used  in  journeys,  and 
in  the  city  of  Rome  itself  only  by  ladies  and  ia- 
valids.  (Dion  Obm.  Ivii.  17.)  But  the  love  of  this 
as  well  as  of  other  kinds  of  luxury  increased  so 
rapidly,  that  Julius  Caesar  thought  it  necesssiy  to 
restrain  the  use  of  lecticae,  and  to  confine  the  pri- 
vilege of  using  them  to  certain  persons  of  a  certain 
age,  and  to  certain  days  of  the  year.  (Soeton. 
Goes.  43.) 

In  the  reign  of  Claudius  we  find  that  the  privOrge 
of  using  a  lectica  in  the  city  was  still  a  great  dis- 
tinction, which  was  only  granted  by  the  noperor 
to  his  especial  fiivonrites.  (Suet.  C?<nk/.  28.)  Bot 
what  until  then  had  been  a  privilege  became  gra- 
dually a  right  assumed  by  all,  and  every  vealttiy 
Roman  kept  one  or  more  lecticae,  with  the  requisite 
ntmiber  of  lecticarii  The  emperor  Domitian,  how- 
ever, forbade  prostitutes  the  use  of  lecticae.  (Suet 
Damit.  8.)  £nterprismg  individuals  gradually  be- 
gan to  form  companies  (oorpui  leetiomrum),  and 
to  establish  public  lecticae,  which  had  their  stands 
(oaOra  leetioariorum)  in  the  regie  transtiberins, 
and  probably  in  other  parts  also,  where  any  one 
might  take  a  lectica  on  hire.  (Victor,  De  BegiomL 
Urb,  Rom.  in  Graevii  Thesanr.  iii  p.  49  ;  Msrtisl, 
iii  46.)  The  persons  of  whom  these  companies 
consisted,  were  probably  of  the  lower  orden  « 
freedroen.  (Compare  Oruter,  IntoripL  599.  11) 
600.  1.) 

The  lecticae  of  which  we  have  hitherto  ipokcnt 
were  all  portable,  t. «.  they  were  constmcted  m 
such  a  manner  that  the  asseres  might  essily  be 
fastened  to  them  whenever  it  was  necessary  w 
cany-  a  person  in  them  from  one  place  to  soother. 
But  the  name  lectica,  or  rather  the  diminntive  lee* 
ticola,  was  also  fomstimet  applied  to  a  kind  « 


LECTUS. 
•0&,  vhicb  wai  not  moved  out  of  the  bouse. 
On  it  the  Rmnans  frequently  reclined  for  the  pur- 
pose of  leading  or  writing,  for  the  ancients  when 
writing  seldom  sat  at  a  table  as  we  do,  but  generally 
reclined  on  a  eouch  ;  in  this  poetore  they  raised 
coe  knee,  and  npoo  it  they  placed  the  parchment 
tf  tablet  on  which  they  wrote.  From  this  kind  of 
occnpation  the  sopfaa  was  caUed  lecticula  lucubra- 
toria  (Suet  Awg.  78),  or  more  commonly  lectnlns. 
(Plm.£^i^T.  6  ;  Ovid,  IVuL  i  11.  38  ;  compare 
Ablorpfa,  De  LtetkU  Vetamm  Diairibck,  Amster- 
dam, 1704.)  [L.  S.] 

LECTICAHII.    [Lectica.] 

LECTISTEHNIUM.  Sacrificea  being  of  the 
satore  of  feasts,  the  Greeks  and  Romans  on  ogc»- 
lion  of  extraordinary  solemnities  placed  images  of 
the  gods  reclining  on  couches,  with  tables  and 
nsnda  before  them,  as  if  they  were  really  partaking 
ef  the  things  offered  in  sacrifice.  This  ceremony 
was  called  a  hetiaiermiiM,  Three  specimena  of 
the  couches  employed  for  the  purpose  are  in  the 
Gljptoiek  at  Munich.  The  woodcut  here  intro- 
doced  exhibits  one  of  them,  which  is  represented 
vith  a  cushion  covered  by  a  cloth  hanging  in 
ample  folds  down  each  side.  This  beantifol  pml- 
nur  (Sneton.  JwL  76  ;  Com.  Nep.  TYiHoeA.  2)  is 
vrooght  altogether  in  white  marble,  and  is  some^ 


LECTUS. 


$7S 


what  more  than  two  feet  in  height  At  the 
Eptdum  Jont,  which  was  the  most  noted  lecti- 
sterainm  at  Rome,  and  which  was  celebrated  in  the 
Capitol,  the  statue  of  Jupiter  was  kid  in  a  reclining 
posture  on  a  couch,  while  those  of  Juno  and 
Minerva  were  seated  on  chain  by  his  side  ;  and 
this  distmction  was  observed  in  allusion  to  the 
ancient  custom,  according  to  which  only  men  re* 
dined  and  women  sat  at  table.  (VaL  Max.  il  1. 
i  2.)  Nevertheless  it  is  probable  thki  at  a  kter 
period  both  gods  and  goddesses  were  represented 
in  the  same  position :  at  least  four  of  them,  yis. 
Jupiter  Screpis  and  Juno  or  Isis,  together  with 
Apollo  and  Diana,  are  so  exhibited  with  a  table 
before  them  on  the  handle  of  a  Roman  lamp  en- 
graved by  BartolL  (/;«e.  Ant,  it  34.)  Liyy  (v.  13) 
gives  an  account  of  a  Tery  splendid  lectistcmium, 
which  he  asserts  to  haTe  been  the  origin  of  the 
pnctice.  [J.  Y.] 

.  LECTUS  (X^x<»»,  «Afn|,  e^),  a  bed.  In  the 
heroic  ages  of  Greece  beds  were  very  simple  ;  the 
bedsteads,  howerer,  are  sometimes  represented  as 
•niamented  (rpftirk  \ix^  ^  "J-  <48 ;  compare 
Mjm.  xxiil  219,  &c).  The  principal  parts  of  a 
bed  were  the  xAammu  and  ^^a  {Odyn.  xiz.  337) ; 
the  former  were  a  kind  of  thick  woollen  cloak, 
sometimes  coloured,  which  was  in  bad  weather 
Wu  by  men  over  their  x^^^i  uid  was  sometimes 
ipeid  over  a  chnr  to  render  the  seat  soft.    That 


these  x^«2*«<  served  as  blankets  for  persons  ia 
their  sleep,  is  seen  from  Orfjm.  xiv.  488,  500,  504, 
518,  529,  XX.  4.  The  ^^a,  on  the  other  hand, 
were  probably  a  softer  and  more  costly  kind  of 
woollen  doth,  and  were  used  chiefly  by  persons  of 
high  rank.  They  were,  like  the  x^o^*^  some- 
times used  to  cover  the  seat  of  chain  when  persons 
wanted  to  sit  down.  {Odyn,  x.  352.)  To  render 
this  thick  wooHen  stuff  less  disagreeable,  a  linen 
cloth  was  sometimes  spread  over  it  (CMyss.  xiii 
78.)  It  has  been  supposed  that  the  p^ty^  were 
pillows  or  bolsten  ;  but  this  opinion  seems  to  be 
refuted  by  the  circumstance  that,  in  Odytt,  yi. 
38,  they  are  described  as  being  washed  without 
anything  being  said  as  to  any  operation  which 
would  have  necessarily  preceded  the  washing  had 
they  been  pillows.  Beyond  this  supposition  re- 
specting the  ^^TCS  we  have  no  traces  of  pillows 
or  bolsten  being  used  in  the  Homeric  age.  The 
bedstead  (A^x^r,  A^icrpor,  d^/tyior)  of  persons  of 
high  rank  was  covered  with  skins  (km)  upon 
which  the  ^^ry^  were  placed,  and  over  these  linen 
sheets  or  carpets  were  spread  ;  the  x^ATyS  hutly, 
serred  as  a  cover  or  blanket  for  the  sleeper.  {Odyn. 
iv.  296,  &C. ;  IL  xxiv.  643,  dec  ;  ix.  660,  &c.) 
Poor  persons  slept  on  skins  or  beds  of  dry  herbs 
spread  on  the  ground.  {Odytt,  xiv.  519  ;  xx.  1 39, 
&C. ;  XL  188,  &C.  ;  compare  Nitssch,  xw  Odj/s9. 
vol.  i.  p.  2 1 0.)  These  simple  beds,  to  which  shortly 
after  the  Homeric  age  a  pillow  for  the  head  was 
added,  continued  to  be  used  by  the  poorer  classes 
among  the  Greeks  at  all  times.  Thus  the  bed  of 
the  orator  Lycurgus  is  said  to  have  consisted  of 
one  sheep-skin  (icc^ior)  and  a  pillow.  (Plat  VU» 
Dee.  Orot,  Lycmrg.  p.  842.  c.)  But  the  complete 
bed  (•Ml)  of  a  wealthy  Greek  in  bter  tunes, 
generally  consisted  of  the  following  parts :  K>din^ 
iwiropoiy  rvAcMT  or  KPi^takor^  vpoffKt^dKtMP^  and 
OT^/urro. 

The  tOdni  is  properiy  speaking  only  the  bed- 
stead,  and  seems  to  have  consisted  only  of  posts 
fitted  into  one  another  and  resting  upon  four  feet 
At  the  head  part  alone  there  was  a  board  (&ydxAtK. 
rpQv  or  hrucXtrrpoy)  to  support  the  pillow  and  pre- 
vent its  foiling  out  Sometimes  the  iydKKirrpow 
«is  wanting,  as  we  see  in  drawings  on  ancient 
vases.  (Pollux,  x.  34,  vi.  9.)  Sometimes,  however, 
the  bottom  part  of  a  bedstead  was  likewise  pro- 
tected by  the  board,  so  that  in  this  case  a  Greek 
bedstead  resembled  a  modem  so-called  French  bed- 
stead. The  KKirfi  was  generally  made  of  wood, 
which  in  quality  varied  according  to  the  means  of 
the  persons  for  whose  use  it  was  destined  ;  for  in 
some  cases  we  find  that  it  was  made  of  solid 
maple  or  box-wood,  or  veneered  with  a  coating  of 
these  more  expensive  woods.  At  a  later  period, 
bedsteads  were  not  only  made  of  solid  ivory  or 
veneered  with  tortoiseshell,  but  sometimes  had 
silver  feet  (Pollux,  /.  c  ;  Aelian,  V.  H,  xiL  29  ; 
Athen.  vL  p^  255.) 

The  bedstead  was  provided  with  girths  (r6»oi^ 
Mropot^  Mtpla)  on  which  the  bed  or  mattress 
(icyf^aXoK,  TvKuov,  Koitws  or  riKri)  rested  ;  in- 
stead of  these  girths  poorer  people  used  strings. 
(Aristoph.  Av.  814,  with  the  Sdiol.)  The  cover 
or  ticking  of  a  mattress  was  made  of  linen  or  wool- 
len cloth,  or  of  leather,  and  the  usual  material  witb 
which  it  was  filled  (r&  4i4j8aXX6furoy,  vX^fWfui, 
or  yyd^aXon)  was  either  wool  or  dried  weeds.  At 
the  head  part  of  the  bed,  and  supported  by  the 
fviK^tvTpWy  lay  a  round  pillow  (vpoo'icc^dXcMy) 


€74 


LECTUS. 


to  support  tlie  head ;  and  in  some  ancient  {Mctures 
two  other  square  pillows  are  seen,  which  were  in- 
tended to  support  the  back.  The  covers  of  such 
pillows  are  striped  in  several  pictures  on  ancient 
vases  (see  the  woodcut  under  Symposium),  and 
were  therefore  probably  of  various  colours.  They 
were  undoubtedly  filled  with  the  same  materials 
as  the  beds  and  mattresses. 

The  bed-covers,  which  may  be  termed  blankets 
or  counterpanes,  were  called  by  a  variety  of  names, 
such  as  fctpurrp^fiara^  (nrotrrp^ficera,  ^rt^X^/uoro, 
4p€(rTplBts^  X^^Mvat^  ^^t4>iccrrpi8cf,  ivi€6KBua,  8(i> 
v-cScSf^f'iXoStiirtdcs,  ^v<rrlB€s,  xpv<''<^'<(^'''^^'>^<^*^r''cf 
or  ift^irdmrrcf.  The  common  name,  however,  was 
vTp^fWfra.  They  were  generally  made  of  cloth, 
which  was  very  thick  and  woolly  either  on  one 
or  on  both  sides.  (Pollux,  vi.  9.)  It  is  not 
always  easy  to  distinguish  whether  the  ancients, 
when  speaking  of  KXlxai,  mean  b'^ds  in  our  sense 
of  the  word,  or  the  couches  on  which  they  lay  at 
meal  times.  We  consequently  do  not  know  whe- 
ther the  descriptive  epithets  of  xAiyeu,  enumerated 
by  Pollux,  belong  to  beds  or  to  couches.  Bat  this 
matters  little,  as  there  was  scarcely  any  difference 
between  the  beds  of  the  ancients  and  their  couches, 
with  this  exception,  that  the  latter  being  made  for 
appearance  as  well  as  for  comfort,  were,  on  the 
whole,  undoubtedly  more  splendid  and  costly  than 
the  former.  Considering,  however,  that  bedsteads 
were  often  made  of  the  most  costly  materials,  we 
may  reasonably  infer  that  the  coverings  and  other 
ornaments  of  beds  were  little  inferior  to  those  of 
couches.  Notwithstanding  the  splendour  and  com- 
fort of  many  Greek  beds,  the  Asiatics,  who  have 
at  all  times  excelled  the  Europeans  in  these  kinds 
of  luxuries,  said  that  the  Greeks  did  not  under- 
stand how  to  make  a  comfortable  bed.  ( Atheiv  ii. 
p.  48  ;  Pint  Pehp.  80.)  The  places  most  cele- 
brated for  the  manufacture  of  splendid  bed-covers 
were  Miletus,  Corinth,  and  Oirthage.  ( Aristoph. 
Ran,  410,  542,  with  the  Schol. ;  Lyns^.  73*2  ; 
Cic.  &  Verr,  i.  34  ;  Athen.  i.  pp.  27,  28.)  It  ap- 
pears that  the  Greeks,  though  they  wore  night- 
gowns, did  not  simply  cover  themselves  with  the 
crpdfiara,  but  wrapt  themselves  up  in  them.  Less 
wealthy  persons  continued,  according  to  the  ancient 
custom,  to  use  skins  of  sheep  and  other  animals, 
especially  in  winter,  as  blankets.  (Pollux,  x.  123  ; 
Aristoph.  NtA,  10.) 

The  bedsteads  of  the  poorer  classes  are  de- 
signated by  the  names  axifiTovs^  iuTKoyrris^  and 
KffdS€aTos,  and  an  exaggerated  description  of  such 
a  bed  is  given  by  Aristophanes.  {Plvi.  540, 
&c. ;  compare  Lynttr.  916.)  The  words  xoM'vm 
and  x^V^^viov,  which  originally  signified  a  bed  of 
straw  or  dry  herbs  made  on  the  ground  (Theocrit. 
iii.  33  ;  Plut  Lyevrg.  16),  were  afterwards  ap- 
plied to  a  bed  which  was  only  near  the  ground, 
to  distinguish  it  from  the  icKivn  which  was  gene- 
rally a  high  bedstead.  Xnfitiivia  were  the  usual 
beds  for  slaves,  soldiers  in  the  field,  and  poor 
citixens,  and  the  mattresses  used  in  them  were  mere 
mats  made  of  rushes  or  basL  (Pollux,  L  c,  and 
vi.  11;  Becker,  CharikleSj  vol  ii.  pp.  114—122  ; 
Pollux,  X.  c  7,  8,  vi.  I.) 

The  beds  of  the  Romans  {lecH  eubicttlares)  in  the 
earlier  periods  of  the  repnblic  were  probably  of  the 
same  description  as  those  used  in  Greece  ;  but  to- 
wards the  end  of  the  republic  and  during  the  em- 
pire, when  Asiatic  luxuries  were  imported  into 
Italy,  the  richness  and  magraficence  of  the  beds  of 


LEcrrus. 

the  wealthy  Romans  fiir  surpassed  everytbing  we 
find  described  in  Greece.  The  bedstead  was  ge- 
nerally rather  high,  so  that  persons  entered  the 
bed  {acandere,  atcendere)  by  means  of  steps  placed 
beside  it  (soomnam,  Varro,  de  Lmg.  Lot  v.  168, 
Milller ;  Ovid.  Fast,  il  349,  &c.).  It  was  some- 
times  made  of  metal,  and  sometimes  of  costly  kinds 
of  wood  or  veneered  with  tortoise-shell  or  ivory ;  itt 
feet  (Julera)  were  firequently  of  silver  or  gold 
(Plin.  xvi.  43  ;  Mart  xii.  67  ;  Juv.  xL  94.)  The 
bed  or  mattress  {culdta  and  torus)  tested  upon 
girths  or  strings  (restes^  fatciae^  ittstitae^  otjwus) 
which  connected  the  two  horizontal  side-posts  of 
the  bed.  (Cic.  de  Div.  ii.  65  ;  Mart  t.  62 ; 
Petron.  97  ;  compare  Horat.  Epod.  xiL  12  ;  Cato, 
de  Re  RueL  c.  10.)  In  beds  destined  for  tvo 
persons,  the  two  sides  are  distinguished  bydifTerent 
namefe  ;  the  sides  at  which  persons  entered  vtit 
open,  and  bore  the  name  oiaponda;  the  otber  &ide, 
which  was  protected  by  a  board,  Dvas  called ;)/stau. 
(Isidor.  XX.  1 1.  p.  629,  ed.  Linderoann.)  The  tvo 
sides  of  such  a  bed  are  also  distingnished  hy  the 
names  tonu  exterior  and  torue  wierior,  or  «ponfa 
ejtterior  and  aponda  interior  (Ovid.  Amor.  iii.  14. 
32  ;  Sneton.  Ooes.  49) ;  and  from  these  expres- 
sions it  is  not  improbable  that  suchlecti  had  two  beds 
or  mattresses,  one  for  each  person.  Mattresses  vere 
in  the  earlier  times  filled  with  dry  herbs  (Vano, 
l.  c, ;  Ovid.  Fuel.  i.  200  and  205),  or  straw  (HoniL 
Sat.  il  3.  117  ;  Mart.  xiv.  160  ;  Sence.  De  Trf. 
Beat  c  25),  and  such  beds  continued  to  be  used 
by  the  poor.  But  in  subsequent  times  wool,  and 
at  a  still  later  period,  feathers  were  used  by  the 
wealthy  for  the  beds  as  well  as  the  pillows.  (Plio. 
H.N.  viii.  48,  X.  22  >  Plant.  Mil.  Glor.  iv.  4. 
42 ;  Cic.  7\ue.  iii.  19  ;  Mart.  xiv.  161  and  159.) 
The  cloth  or  ticking  {operimentum  or  MRu/wram), 
with  which  the  beds  or  mattresses  were  covered, 
was  called  toral,  torale,  linteuro,  or  segestre.  (UoiaL 
Sat.  ii.  4.  84,  EpisL  i.  5.  21  ;  Varro,  Le.)  The 
blankets  or  counterpanes  {testes  strogvlaCy  ttragah, 
peristromatay  peripeiastnata)  were  in  the  booses  of 
wealthy  Romans  of  the  most  costly  description, 
and  generally  of  a  purple  colour  {stragtda  cand^w 
iincta^  periatromata  conckyliaia^  cocdna  droffula) 
and  embroidered  with  beautiful  figures  in  gold. 
Covers  of  this  sort  were  called  peripetasmata 
Attalica,  because  they  were  said  to  have  been 
first  used  at  the  court  of  Attalus.  (P\m.ff.y. 
Le.  ;  Cic.  c.Verr.  iv.  12,  26,  FhiUp.  ii.  27 ;  Mart. 
il  16.)  The  pillows  were  likewise  covered  with 
magnificent*  casings.  Whether  the  ancioita  bad 
curtains  to  their  beds  is  not  mentioned  any- 
where ;  but  as  curtains,  or  rather  a  kind  of  canopy 
(aulaea\  were  used  in  the  lectus  tricliniaris  (HoraL 
Carm.  iii  29.  16,  Sat.  ii.  8.  54)  for  the  puipoae 
of  preventing  the  dust  falling  upon  the  persona 
lying  on  it,  it  is  not  improbable  that  the  aame  or 
a  similar  contrivance  was  used  in  the  Icctiu  cubi- 
cularis. 

The  lectus  genialis  or  adversus  was  the  bridal 
bed  which  stood  in  the  atrium,  opposite  the  janua,^ 
whence  it  derived  the  epithet  adversus.  (Horat. 
Epist,  i.  1.  87  ;  Festus,  s.  v.  ;  comp.  Domis. 
p.  428,  a.)  It  was  generally  high,  with  steps  by 
its  side,  and  in  later  times  beautifiilly  adorned. 
(Gellius,  xvl  9  ;  Lucan.  il  356 ;  Cic  pro  Qn^- 
c.  5.)  . 

Respecting  the  lectus  fimebris  see  the  artidrt 
FuNus  and  Lbctica.  An  account  of  the  dis- 
position of  the  couches  used  at  entertainmcntB,  and 


LEGATUM. 

d/t  the  place  wliich  each  g:aest  occupied,  is  giren 
under  Triclinium.  (Becker,  Gallut,  vol.  i.  p.  42, 
&c.)  [L.S.] 

LE'CYTfl  US  (A^icw«oy)»«««aIl  luurow-mouthcd 
Teasel,  the  principal  use  of  which  waa  to  hold  oil, 
for  asoioting  after  the  bath,  and  in  the  palaestra. 
It  vas  sometimea  of  leather,  but  more  often  of 
coitben-ware.  Numerous  teira-cotta  vessels  of 
this  sort  exist,  of  an  oval  shape,  holding  about  a 
pint,  generally  painted  a  plain  dark  brown  or  black, 
tot  sometimea  a  bright  colour,  while  a  few  ex- 
amples are  adorned  with  beautifully  executed  paint- 
in::sL  Most  of  them  are  the  producticns  of  the 
.Athenian  potteries.  (Horn.  CkL  vi.  79  ;  Krause, 
Gfmn.  u.  Affon.  vol.  i.  p.  189,  and  in  Pauly^s 
nMl-Kmcyefop'ddie,  9.  v.)  [P.  S,] 

LEGATIO  LI'BERA.  [Lkoatus,  p.  678,  b.] 

LEGATUM  is  defined  (Dig.  30.  s.  1 1 6)  to  be 
**'  delibatio  hereditatis  qua  testator  ex  eo  quod  uni- 
TCTsmn  heredis  foret  alicui  quid  collamm  velit.^ 
This  singular  succession  presupposes  a  universal 
suocession,  for  if  there  is  no  heres  ex  testarocnto 
or  penon  loco  heredis,  there  can  be  no  legacy.  A 
Legatnm  then  is  a  part  of  the  hereditas  which  a 
testator  gives  out  of  it,  from  the  heres  (ab  herede)  ; 
that  is,  It  is  a  gift  to  a  person  out  of  that  whole 
(utaemDa)  which  is  diminished  to  the  heres  by 
SQch  gift.  Accordingly  the  phrase  '^ab  herede 
legate  **  thus  becomes  intelligible.  (Dig.  80. 
n  116  ;  **ei  testamento  legal  grandem  pecuniam  a 
filio,^  Cic  pro  dmaU.  12.)  A  legatee  could  not 
be  chaiged  with  the  payment  of  a  legacy  out  of 
vhat  was  given  to  him,  a  rule  of  law  which  was 
thns  expressed,  **  A  legatario  legari  non  potest** 
A  legatam  was  something  given  according  to  the 
Jni  Civile,  and  therefore  could  only  be  given  in 
civilia  verba,  and  in  lAtin.     [Tbstambntum.] 

The  word  *^  Lccatum,**  from  the  verb  lego^  con* 
tains  the  same  element  as  Lex.  Lego  has  the 
lease  of  appointing  or  disposing  of  a  matter,  as  in 
the  phnue  **legatum  negotium  **  (Plant  Cku.  i.  1. 
12)  ;  and  it  is  used  in  the  Twelve  Tables  to  ex- 
press generally  a  testator^s  disposition  of  his  pro- 
perty {mti  UgatdL,  &c).  Ulpian  accordingly 
explains  the  word  Legatum  by  referring  to  its 
ct3rmology,  and  likening  a  Legatum  to  a  Lex  pro- 
perly so  called.  **•  A  Legatum,**  he  says,  **  is  that 
which  is  left  by  a  testament,  le^  modo^  that  is, 
impenUioe;  for  those  things  which  are  left  pre- 
nrtrro  modo,  are  called  Fideicommissa.**  (Frag. 
tit  24.)  A  legatee  was  named  legaiariua ;  those 
to  whom  a  thing  was  given  jointly  {(sof^juncUm) 
were  collcgatariL  A  legacy  which  was  legally 
valid  or  good,  was  Icgaium  vkU;  a  void  legacy  was 
y»»tik.  A  l^^y  which  was  given  absolutely  or 
unconditionally,  was  said  to  be  given  pure;  one 
which  was  given  conditionally  was  said  to  be  given 
•«&  eoHdUioM,  The  expression  purum  Ugatum^  an 
unconditional  legacy,  also  occurs.   (Dig.  86.  tit  2. 

8.6.) 

Gains  apologizes  for  treating  of  Legata  in  that 
part  of  bis  Institutional  work  in  which  he  has 
placed  them.  In  the  first  ninety-six  chapters  of  his 
Mcond  book  he  treats  of  the  acquisition  of  property 
in  Res  singula",  to  which  class  legacies  belong. 
Bat  as  the  matter  of  legacies  is  not  intelligible 
without  reference  to  the  matter  of  hereditas  or 
nnirenal  succession,  he  places  the  law  of  legacies 
{haec  juris  materia)  immediately  after  that  of 
hereditas. 

Then  were  four  Civil  forms  in  which  a  legacy 


LEGATUM. 


675 


could  Xe  left:  Per  Vindicationcm,  Per  Damna* 
tionem,  Sinendi  modo,  Per  Pracceptionem. 

A  legatum  per  vindicationcm  was  given  in  these 
words:  "Hominem  Stichum  Do,  Lego;'*  or  the 
words  might  be  with 'reference  to  the  legatee, 
^  Capitoy  Sumito,  Sibi  Habeto.**  A  legatum  per 
vindicationcm  was  so  called  with  reference  to  the 
legal  means  by  which  the  legatee  asserted  his  right 
to  the  legacy  against  the  heres  or  any  possessor, 
which  was  by  a  vicdicatio  or  an  Actio  in  rem  ;  for 
as  soon  as  the  Hereditatis  aditio  had  taken  place, 
the  legatee  had  the  Quiritarian  {ex  jure  Qmritium) 
ownership  of  the  legacy.  The  two  schools  rained 
a  question  as  to  this.  Whether  under  such  circum- 
stances, the  legatee  obtained  the  Quiritarian  owner- 
ship of  the  thing  before  he  had  consented  to  take 
it  The  opinion  of  the  Proculiani  who  contended 
for  fmch  consent,  was  confirmed  by  a  Constitution 
of  Antoninus  Pius  (Gains,  ii.  195).  It  was  con- 
sistent with  the  nature  of  the  Per  Vindicationcm, 
that  those  things  only  could  be  so  given,  in  which 
the  testator  had  Quiritarian  ownership:  and  it  was 
also  necessary  that  he  should  have  such  oi^-ner- 
ship  both  at  the  time  of  making  his  will  and  at 
the  time  of  his  death  ;  otherwise  the  legacy  was 
void  {inutile).  But  there  was  an  exception  in 
respect  of  things  **  quae  pondere,  numero,  men- 
sura  constant,**  as  wine,  oil,  com,  and  the  pre- 
cious metals  in  the  form  of  coin  (pecunia  nanne- 
rata\  in  regard  to  which  it  was  sufficient  if  the 
testator  had  the  Quiritarian  ownership  at  the 
time  of  his  death.  By  a  senatnsconsultum  of  the 
time  of  Nero,  it  was  enacted  that  if  a  testator  left 
a  thing  as  a  legacy,  which  had  never  been  his,  the 
legacy  should  be  equally  good  as  if  it  had  been 
left  in  the  form  most  advantageous  to  the  legatee 
{optimo  jure) J  which  form  was  the  Legatum  per 
damnationem.  But  if  a  testator  gave  a  thing  of  his 
own  by  a  testament,  which  he  afterwards  alienated, 
it  was  the  best  opinion  that  the  legacy  was  inutile 
by  the  Jus  Civile,  and  that  the  Senatusconsultnra 
did  not  make  it  good.  If  the  same  thing  was 
given  to  more  than  one  person  either  jointly  {eon- 
junctim)  so  as  to  make  them  coUegatarii,  or  se- 
verally {di9Jutuiim\  each  took  an  equal  share.  A 
legatum  was  given  cDRJ«ffc^m  thus :  ^''Titio  et  Scio 
hominem  Stichum  do,  lego;"  divpmctim^  thus: 
""  Titio  hominem  Stichum  do,  lego ;  Seio  eundem 
hominem  do,  lego.**  If  one  collegatarius  failed  to 
take,  his  portion  went  to  the  others.  In  the  cnse 
of  a  conditional  legacy  left  per  vindicationem,  the 
schools  were  divided  in  opinion:  the  Sabiniani 
said  that  it  was  the  property  of  the  heres  during 
the  pendency  of  the  condition  ;  the  Proculiani  said 
that  it  was  **  res  nnllius.** 

The  form  of  the  Per  damnationem  was  this: 
Heres  meus  Stichum  scrvum  mcum  dare  damnas 
esto  ;  but  the  word  Dato  was  equally  cflective.  A 
thing  which  belonged  to  another  (aUcna  res)  could 
be  thus  left,  and  the  heres  was  bound  to  procure 
the  thing  for  the  legatee  or  to  pay  him  th6  value 
of  it  A  thing  not  in  existence  at  the  date  of  tho 
will  might  be  left  by  this  form,  as  the  future  pro- 
duce of  a  female  slave  {aneilla).  The  legatee  did 
not  acquire  the  Quiritarian  ownership  of  the  legacy 
by  virtue  of  the  hereditatis  aditio :  the  thing  still 
remained  the  property  of  the  heres,  but  the  effect 
of  the  legatum  was  to  establish  an  obligatio  be- 
tween the  heres  and  the  legatee,  who  could  sue 
for  it  by  an  Actio  in  personam.  If  it  was  a  thing 
Mnncipi,  the  legatee  could  only  acquire  the  Quiri- 
X  X  2 


676 


LEGATUM. 


tariaD  ownenhip  of  it  by  Maocipatio  or  In  jure 
cessio  from  the  hcres :  if  it  was  merely  delivered, 
the  legatarius  only  acquired  the  complete  owner- 
ship {plenum  jiu)  by  usucapion.  If  the  same 
thing  was  left  to  two  or  more  eonpmctim^  each 
had  an  equal  share  ;  if  diajtmctim^  the  heres  was 
bound  to  give  the  thing  to  one  and  its  value  to  the 
rest  In  the  case  of  a  gift  eoit^unctim  the  share  of 
the  legatee  who  foiled  to  take  belonged  to  the 
hereditas ;  but  the  Lex  Papia  made  it  caducum, 
and  gave  it  first  to  a  collegatarius  who  had 
children,  then  to  the  heredes  who  had  children, 
and  then  to  the  other  legatees  who  had  children 
(/(0^a/am),  a  privilege  which  Juvenal  alludes  to 
{duUx  caducum^  ix.  88). 

The  Legatum  Sinendi  modo  was  thus  given: 
"  Heres  meus  damnas  esto  sinere  Lucium  Titium 
hominem  Stichum  sumen  sibique  habere ;"  by 
which  form  a  testator  could  give  either  his  own 
property  or  that  which  was  the  property  of  his 
heres  at  the  time  of  the  death.  As  in  the  case  of 
a  legatum  per  damnationem,  the  legatee  prosecuted 
his  claim  by  an  Actio  in  personam.  It  was 
doubted  whether  the  heres  was  bound  to  transfer 
the  property,  in  the  case  of  a  res  mancipi,  by  man- 
cipatio  or  in  jure  cessio,  or,  in  the  case  of  a  thing 
nee  mancipi,  by  traditio  or  delivery,  for  the  words 
of  the  gift  are  **  permit  hun  to  take."  If  the  same 
thing  vnis  left  to  several  conjimctim,  they  took  it 
in  common,  but  without  any  jus  accrescendi  if  one 
of  them  failed  to  take.  It  vras  a  still  more  doubtfol 
question  (in  the  time  of  Oaius),  whether,  if  the 
same  thing  was  given  in  this  way  to  two  severally 
{difjunelim\  the  whole  was  due  to  each,  or  if  the 
heres  was  released  from  all  further  claim,  when 
either  of  them  had  obtained  poiseasion  of  the  whole 
with  his  permiuion. 

The  Legatum  per  praeceptionem  was  in  this 
manner :  **'  Lucius  Titius  hominem  Stichum  Pne- 
cipito  ;**  where  **  praecipito,"  in  the  opinion  of  the 
Sabiniani,  is  the  same  as  **  praecipuum  sumito,"  or 
•*  take  first.*'  The  Sabiniani  accordingly  were  of 
opinion  that  a  legacy  could  only  thus  be  left  to 
one  who  was  also  made  a  heres ;  but  a  Senatus- 
consultum  Neronianum  made  the  legacy  good,  even 
if  it  was  thus  left  to  an  eztraneus,  that  is,  to  an- 
other than  the  heres,  provided  the  legatee  was  a 
person  to  whom  a  legacy  could  be  left  in  any  of 
the  three  other  modes.  For  the  Senatusconsultum 
made  those  legacies  valid  which  were  not  valid  by 
the  Jus  Civile  on  account  of  the  words  of  the  gift 
{wrhorum  c«feo),  but  not  those  legacies  which 
were  invalid  on  account  of  the  incapacity  of  the 
legatee  (vitio  penonae)^  which  was  the  case  with  a 
peregrinus.  The  Sabiniani  also  maintained  that  a 
man  could  leave  in  this  manner  only  what  was  his 
own«  for  the  only  way  in  which  the  legatee  could 
enforce  his  right  was  by  a  judicium  familiae  ercis- 
cundae,  in  which  judicium  it  was  necessary  that 
the  judex  should  adjudicate  that  which  was  given 
per  praeceptionem,  and  he  could  adjudicate  on 
nothmg  else  than  the  res  hereditaria.  But  the 
same  senatusconsultum  made  a  legacy  valid,  which 
was  given  in  this  fonn,  even  if  the  thing  did  not 
belong  to  the  testator.  The  Proculiani  contended 
that  a  legacy  could  be  given  to  an  extnuieus  per 
praeceptionem  ;  and  further  that  if  the  thing  was 
the  testator's  ex  jure  (Juiritium,  it  could  be  sued  for 
{vindieari)  by  the  legatee,  whether  he  was  a  heres 
or  not  {eairweut)  ;  if  it  was  the  testator's  in  bonis, 
it  was  a  utile  legatum  to  the  extnuieus  by  the 


XEQATUM. 

senatusconsultum ;  and  the  heres,  if  he  tras  the 
legatee,  could  obtain  it  in  a  judicium  fomiliae  er- 
ciscundae.  If  it  did  not  belong  to  the  testator  in 
either  way,  still  the  legatum  was  made  utile  both 
to  the  heres  and  the  extraneus  by  the  aenatos- 
consultum.  If  the  same  thing  was  thus  left  to 
more  than  one  either  dtsJtmetiM  or  txtrnjumelim^ 
each  had  only  his  share.  In  all  the  three  forms, 
except  the  per  damnationem,  only  Things  and 
Jura  in  re  could  be  the  objects  of  legata :  bat  by 
the  per  damnationem  any  tiling  could  be  made  the 
object  of  a  legatum  which  could  be  made  tbe  ob- 
ject of  an  obligatio. 

By  the  Law  of  the  Twelve  Tables  a  man  conld 
dispose  of  his  property  as  he  pleased,  and  he  might 
exhaust  {erogan)  the  whole  hereditas  by  legacies 
and  bequests  of  freedom  to  slaves,  so  aa  to  leave 
the  heres  nothing.  The  consequence  was  tbat  in 
such  cases  the  scripti  heredes  refused  to  take  the 
hereditas,  and  there  was  of  course  an  intestacy. 
The  first  legisktive  measure  on  this  subject  was 
the  Lex  Furia,  called  Testamentaria,  which  did 
not  allow  a  testator  to  give  as  a  donatio  mortis 
causa  or  as  a  legacy  more  than  a  thousand  a»es 
to  one  person,  certain  kinsfolk  excepted.  (Gains, 
iiu  225  ;  UIp.  Frag.  I  2,  xxviiL  7.)  But  thb 
measure  was  a  failure,  for  it  did  not  prevent 
a  man  from  giving  as  many  several  thousands  to 
as  many  persons  as  he  pleased,  and  so  exhausting 
his  estate.  The  Lex  Voconia  (&c.  169)  after- 
wards enacted  that  no  person  should  take  by  way 
of  legacy  or  donatio  mortis  causa  more  than  the 
heredes  (severally,  as  it  seems) ;  but  this  lex 
was  ineffectual,  for  by  the  testator  distributing 
his  property  among  numerous  legatees,  the  heres 
might  have  so  small  a  portion  as  not  to  make  it 
worth  his  while  to  assume  the  burdens  attached  to 
the  hereditas.  (Oaius,  iL  26 ;  Cic.  m  V€rr.  L 
43.)  The  Lex  Falcidia  (a.  &  40)  at  last  took 
away  all  means  of  evasion  by  dedaring  that  a  tes- 
tator should  not  give  more  than  three-fonrths  in 
legacies,  and  thus  a  fourth  was  secured  to  the 
heres  ;  and  **'  this  law,"  says  Gains,  ^  is  now  in 
force."  The  Senatusconsultum  Pegasianum  extended 
the  same  rule  of  law  to  fideicommissa  [Fidsicom- 
missum]  ;  and  the  Emperor  Antoninus  applied  it 
to  the  case  of  fideicommissa,  when  there  was  an 
intestacy.  (Dig.  35.  tit  2.  s.  18.)  The  Lex  Fal- 
cidia applied  to  the  wills  of  persons  who  died  in 
captivity  (aptid  hoties),  for  a  previous  Lex  Cor- 
nelia had  given  to  the  wills  of  such  persons  the 
same  force  as  if  they  had  died  dves  (m  ctcdofc^ 
Dig.  35.  tit  2.  s.  1). 

Legata  were  inutilia  or  void,  if  they  were  given 
before  a  heres  was  instituted  by  the  will,  for  the 
will  derived  all  its  l^^l  eSicacy  from  such  institu- 
tion ;  there  was  the  same  rule  as  to  a  gift  of  free- 
dom. It  was  an  inutile  legatum,  if  in  fwm  the 
gift  was  given  after  the  death  of  the  heres,  but  it 
might  be  given  on  the  event  of  his  death  ;  it  was 
also  inutile  if  given  in  form  on  the  day  before  the 
death  of  the  testator,  for  which  rule  of  law,  says 
Gains,  there  seems  to  be  no  good  reason  {preiwaa 
ratio).  A  legatum  could  not  be  left  in  the  way  of 
a  penalty  <  poenae  nomine),  that  is,  for  the  purpose 
of  compelling  the  heres  to  do  or  restraining  him 
from  doing  any  particular  act:  but  Justinian  made  * 
all  such  legata  good,  except  those  which  were  im- 
possible, or  forbidden  by  law  or  against  boni  i 
mores  (probrosa)  (Inst  2.  tit  2.  s  36).  A  legacy  j 
could  not  be  left  to  an  uncertain  person  (metrta 


LKGATUM. 

pmoM),  The  notion  of  an  uncertain  penon  was 
not  of  a  penon  who  could  never  be  ascertamed, 
for  in  aeTeral  of  the  instanoes  mentioned  by  Gains, 
the  penon  or  persons  would  easily  be  ascertained 
(for  instance  **  qui  post  testamentum  consules  de- 
B^nati  enmt ")  ;  but  the  notion  of  the  uncertainty 
vss  refiened  to  the  mind  of  the  testator  at  the 
time  oi  making  his  testament  Accordingly  the 
penona  was  not  considered  inccrta,  where  he  was 
one  of  a  certain  class,  such  as  cognati,  though  the 
indiridoal  of  the  class  might  be  uncertain  dll  the 
erent  happened  which  was  to  determine  who  out 
of  the  class  was  intended  by  the  testator.  Such  a 
ftna  of  bequest  was  called  a  certa  demonstratio 
iacertae  personae.  (Gaius,  il  236.)  A  legatarius 
must  hare  the  testamenti  &ctio,  and  be  under  no 
legal  incapacity.  A  legacy  could  not  be  left  to  a 
poOamus  alienus,  nor  could  such  a  person  be  a 
hexes  institutus,  for  he  was  an  inoerta  persona.  It 
has  been  explained  who  is  a  postnmus  [HxRXa,  p. 
601,  a] :  a  postumus  alienus  is  one  who  when  bom 
cannot  be  among  the  sui  heredes  of  the  testati^. 

It  was  a  question  whether  a  legacy  could  be 
legally  (nde)  left  to  a  person,  who  was  in  the 
power  of  another  person  who  was  made  beres  by 
the  same  will.  The  Proculiani  denied  that  such  a 
legacy  could  be  left  either  pure  or  sub  conditione. 
(Gaiua,  ii  244.)  But  if  a  person  who  was  in  the 
power  of  another  was  made  heres,  a  legacy  might 
he  left  {ab  eo  l^gori)  to  the  person  in  n^ose  power 
he  was ;  ibr  if  such  latter  person  became  heres 
thereby  (per  eHm\  the  legacy  was  extinguished, 
because  a  man  cannot  owe  a  thing  to  himself ;  but 
if  the  son  was  emancipated,  or  the  slave  was  ma- 
numitted or  transfened  to  another,  and  so  the  son 
became  heres,  or  so  the  slave  niade  another  person 
beresi,  the  legacy  was  due  to  the  &ther  or  former 

Not  only  Res  singulae  could  be  given  as  a 
legacy,  but  also  a  part  of  a  universitas  of  things 
{mweraarwai  rentm)   could  be  so  given  ;    thus 


the  heres  might  be  directed  to  share  a  half  or 
any  other  part  of  the  hereditas  with  another, 
which  was  called  partitio.  (Cic.  de  T^eg.  ii.  20,  pro 
Caeem.  4  ;  Ulp.  Fraff,  tit  24.  &  25.)  By  the  jus 
dvile  there  might  be  a  legacy  of  a  ususfructus  of 
those  things  which  were  capable  of  being  used  and 
enjoyed  without  detriment  to  the  things.  By  a 
senatoaconsnltnm  there  might  be  a  legacy  of  the 
abmstu  of  those  thin^  which  were  consumed  in 
the  use,  as  money,  wine,  oil,  wheat,  but  the  lega- 
tarius had  to  give  security  for  the  restoration  of 
the  same  quantity  or  the  same  value,  when  his 
right  to  the  enjoyment  ceased.  This  technical 
meaning  of  abustu^  that  is,  the  use  of  things  which 
are  consumed  in  the  use,  is  contrasted  with  usus- 
fructus by  Cicero  (Top.  3 ;  Ueber  das  alter  de$ 
gmui-usm^ruebu^  von  Puchta,  /ZAdntic&ef  Miu. 
UL  p.  82,  and  Puchta,  InstU.  iL  §  255). 

A  leg^icy  might  be  transferred  to  another  per- 
800,  or  taJcen  away  (admt)  by  another  will  or 
codicilli  confirmed  by  a  will ;  it  might  also  be 
taken  away  by  erasure  of  the  gift  from  the  wiU. 
Such  a  revocation  of  legacies  (adeniptio  legatorum) 
seems  to  have  been  only  effected  in  the  way  men- 
tioned. The  expression  ademption  of  legacies  in 
English  law  has  a  different  meaning,  and  in  the 
case  of  a  specific  thing  corresponds  to  the  Roman 
extinction  of  l^acies,  which  took  place  if  the  tes- 
tator disposed  of  the  thing  in  his  lifetime. 

If  a  legatee  died  after  the  day  on  which  th? 


LEGATUS.  677 

legatnm  had  become  his  {poddkmUgatioedaiimn\ 
it  passed  to  his  heres  ;  or  to  use  a  phrase  of  £ng< 
lisn  law,  the  legacy  was  vested.  The  phiase 
^  dies  legati  cedit  *'  accordingly  means  ^  the  tune 
is  come  at  which  the  legacy  belongs  to  the  legatee,** 
though  the  time  may  not  have  come  when  he  is 
entitled  to  receive  it ;  and  **  dies  venit  **  denotes  the 
arrival  of  the  day  on  which  it  can  be  demanded. 
(Dig.  50.  tit  1 6.  SL  2 1 3.)  If  the  legacy  was  left  con* 
ditionally  there  was  no  vesting  till  the  condition 
was  fulfilled.  Bv  the  old  law,  legacies  which  were 
left  unconditionally  or  bom  a  time  named  (in  diem 
oertmn)  were  vested  from  the  time  of  the  testator's 
death  ;  but  by  the  Lex  Papia  they  vested  from  the 
time  of  opening  the  wilL  The  legacy  might  vest 
immediately  on  the  death  of  the  testator  and  yet 
the  testator  might  defer  the  time  of  payment  (Dig. 
36.  tit  2.  s.  21.)  A  legacy  might  also  be  left  on  a 
condition  of  time  only,  as  a  legacy  to  Titius  wkem 
or  tf  he  should  attain  the  age  of  fourteen  years,  in 
which  case  the  words  when  and  (^  were  considered 
equivalent,  a  decision  which  has  been  adopted  in 
English  law,  in  cases  in  which  there  is  nothing  in 
the  will  which  gives  the  words  "  when  "  or  "if 
a  difierent  signification.  (Dig.  36.  tit  2.  s.  5,  22  | 
Hanson  v,  Graham,  6  Ves.  p.  243.) 

(Gains,  iL  191 — 245  ;  Ulp.  Frag,  tit  xxiv.  &c. ; 
Dig.  30—32,  &C.  ;  Inst  ii.  tit  20—22 ;  Paulus, 
S,  R.  iii.  tit  6.)  [Fidbicommissum.]     [G.  L.] 

LEGA'TUS.  Legati  may  be  divided  into  three 
classes:  1.  Legati  or  ambassadors  sent  to  Rome 
by  foreign  nations ;  2.  Legati  or  ambassadors  sent 
firom  Rome  to  foreign  nations  and  into  the  pro- 
vinces ;  3.  Legati  who  accompanied  the  Roman 
generals  into  the  field,  or  the  proconsuls  and  prae- 
tors into  the  provinces. 

I.  Foreign  legati  at  Rome,  from  whatever  coun- 
try they  came,  had  to  go  to  the  temple  of  Saturn 
and  deposit  their  name  with  the  quaestors,  which 
'Plutarch  (Quaesl,  Rom.  p.  275,  b.)  explains  as  a 
remnant  of  an  ancient  custom ;  for  formerly,  says 
he,  the  quaestors  sent  presents  to  all  legati,  which 
were  called  lautia,  and  if  any  ambassador  was  taken 
ill  at  Rome,  he  was  in  the  care  of  the  quaestors, 
who,  if  he  died,  had  also  to  pay  the  expenses  of 
his  burial  from  the  public  treasury.  When  after- 
wards the  number  of  foreign  ambassadors  increased 
in  proportion  as  the  republic  became  extended,  the 
former  hospitable  custom  was  reduced  to  the  mere 
formality  of  depositing  the  name  with  the  keepers 
of  the  public  treasiuy.  Previous  to  their  admis- 
sion into  the  city,  foreign  ambassadors  seem  to 
have  been  obliged  to  give  notice  firom  what  nation 
they  came  and  for  what  purpose ;  for  several  in- 
stances are  mentioned  in  which  ambassadors  were 
prohibited  firom  entering  the  city,  especially  in  case 
of  a  war  between  Rome  and  the  state  from  which 
they  came.  (Liv.  xxx.  21,  xlii.  36,  xlv.  22.)  In 
such  cases  the  ambassadors  were  either  not  heard 
at  all,  and  obliged  to  quit  Italy  (Liv.  xlii.  36),  or 
an  audience  was  given  to  them  by  the  senate  (aenaiut 
UgaHs  datur)  outside  the  city,  in  the  temple  of 
Bellona.  (Liv.  /.  e.  \  xxx.  21.)  This  was  evidently 
a  sign  of  mistnist,  but  the  ambassadors  were  never- 
theless treated  as  public  guests,  and  some  public 
villa  outside  the  city  was  sometimes  assigned  for 
their  reception.  In  other  cases,  however,  as  soon 
as  the  report  of  the  landing  of  foreign  ambossa^ 
dors  on  the  coast  of  Italy  was  brought  to  Rome, 
especially  if  they  were  persons  of  great  distinction, 
as  the  son  of  Masinissa  (Liv.  xlv.  13X  or  if  they 
X  x  3 


'678 


LEGAtUS. 


came  from  an  ally  of  the  Roman  people,  some  one 
of  the  inferior  magistrates,  or  a  logatus  of  a  consul, 
was  despatched  by  the  senate  to  receive  and  con- 
duct them  to  the  city  at  the  expense  of  the  re- 
public When  they  were  introduced  into  the 
senate  by  the  praetor  or  consul,  they  first  ex- 
plain :>d  what  they  had  to  communicate,  and  then 
the  praetor  invited  the  senators  to  put  their  ques- 
tions to  the  ambassadors.  (Li v.  zxx.  22.)  The 
manner  in  which  this  questioning  was  frequently 
carried  on,  especially  when  the  envoys  canie  from 
a  state  with  which  the  Romans  were  at  war,  re- 
sembled more  the  cross-questioning  of  a  witness 
in  a  coiu*t  of  justice,  than  an  inquiry  made  with  a 
view  to  gain  a  clear  understanding  of  what  was 
proposed.  (Liv.  /.  e.  with  Gronov's  note.)  The 
whole  transaction  was  carried  on  by  interpreters, 
and  in  the  Latin  language.  [Intkrfrks.]  Vale- 
rius Maximus  (ii.  2.  §  3)  states  that  the  Greek 
rhetorician  Molo,  a  teacher  of  Cicero,  was  the  first 
foreigner  who  ever  addressed  the  Roman  senate  in 
his  own  tongue.  After  the  ambassadors  had  thus 
been  examined,  they  were  requested  to  leave  the 
assembly  of  the  senate,  who  now  began  to  discuss 
the  subject  brought  before  them.  The  result  was 
communicated  to  the  ambassadors  by  the  praetor. 
(Liv.  viii.  1.)  In  some  cases  ambassadors  not  only 
leceivcd  rich  presents  on  their  departure,  but  were 
at  the  command  of  the  senate  conducted  by  a 
magistrate,  and  at  the  public  expense,  to  the  fron- 
tier of  Italy,  and  even  further.  (Liv.  xlv.  14.)  By 
the  Lex  Gabinia  it  was  decreed  that  from  the  first 
of  February  to  the  first  of  March,  the  senate  should 
every  day  give  audience  to  foreign  ambassadors. 
(Cic.  ad  QfUnt.  Frat,  ii.  U,  12,  ad  Fam,  I  4.) 
There  was  at  Rome,  as  Varro  {De  Ling.  Lot.  v. 
155,  MUller)  expresses  it,  a  place  on  the  right- 
hand  side  of  the  senate-house  called  Graecostasis, 
in  which  foreign  ambassadors  waited. 

All  ambassadors,  whencesoever  they  came,  were 
considered  by  the  Romans  throughout  the  whole 
period  of  their  existence  as  sacred  and  inviolable. 
(Cic  c  Verr.  i.  33 ;  Dionys.  Hal.  Ant,  Rom.  xi. 
25 ;  Tacit.  Ann,  i.  42 ;  Liv.  xxL  10 ;  Dig.  50. 
tit  7.  8.  17.) 

II.  Legati  to  foreign  nations  in  the  name  of  the 
Roman  republic  were  always  sent  by  the  senate 
(Cic.  c.  Vatin.  15)  ;  and  to  be  appointed  to  such  a 
mission  was  considered  a  great  honour  which  was 
conferred  only  on  men  of  high  rank  or  eminence  ; 
for  a  Roman  ambassador,  according  to  Dionysius, 
had  the  powers  {i^ovala  koI  dvyofiis)  of  a  magis- 
trate and  the  venerable  character  of  a  priest.  If 
a  Romim  during  the  performance  of  his  mission  as 
ambassador  died  or  was  killed,  his  memory  was 
honoured  by  the  republic  with  a  public  sepulchre 
and  a  statue  in  the  Rostra.  (Liv.  iv.  17  ;  Cic 
Philip,  ix.  2.)  The  expenses  during  the  journey 
of  an  ambassador  were,  of  course,  paid  by  the  re- 
public ;  and  when  he  travelled  tlirough  a  province, 
the  provincials  had  to  supply  him  with  everything 
he  wanted. 

III.  The  third  class  of  legati,  to  whom  the 
name  of  ambassadors  cannot  be  applied,  were  per- 
sons who  accompanied  the  Roman  generals  on  their 
expeditions,  and  in  later  times,  the  govemora  of 
provinces  also.  I^egatt,  as  serving  under  the  con- 
suls in  the  Roman  armies,  are  mentioned  along 
with  the  tribunes  at  a  very  early  period.  (Liv.  ii. 
59,  iv.  17.)  These  legati  were  nominat  d  (fe//a- 
baniur)  by  the  consul  or  the  dictator  under  whom 


LEGATU^ 

they  served  (Sallast  Jug.  28 ;  Cic  ad  AH.  xr.  1 1, 
ad  Fam.  vi.  6,  pro  Leg.  MamL  19),  bat  the 
sanction  of  the  senate  (tenatuaoonsMliitm)  ma  sd 
essential  point  without  which  no  one  could  be 
legally  considered  a  legatus  (Cic  e.  Fafm.  L  e^ 
pro  Sett.  1 4)  ;  and  from  Livy  (xliiL  I ;  compare 
xliv.  18)  it  appears  that  the  nomination  by  the 
ningistrates  (consul,  praetor,  or  dictator)  did  not 
take  place  until  they  had  been  anthoriaed  by  a 
decree  of  the  senate.  The  persons  appointed  to 
this  office  were  usually  men  of  great  militarr 
talents,  and  it  was  their  duty  to  ad\ase  and  sttii>t 
their  superior  in  all  his  undertakings,  and  to  act 
in  his  stead  both  in  civil  and  nulitaiy  afilain. 
(Varro,  de  Ling.  Lot.  v.  87,  MUller.)  The  legati 
were  thus  always  men  in  whom  the  consul  placed 
great  confidence,  and  were  frequently  his  frieodsor 
relations  ;  but  they  had  no  power  independent  of 
the  command  of  their  general.  (Caes.  de  Bell.  Gv. 
iu  17,  iii.  51  ;  Appian,  de  BelL  dv.  I  38.)  Tbcir 
number  varied  according  to  the  greatness  or  im- 
portance  of  the  war,  or  the  extent  of  the  province : 
three  is  the  smallest  number  we  know  o^  bat 
Pompey,  when  in  Asia,  had  fifteen  legati  When- 
ever the  consuls  were  absent  from  the  amiy,  or 
when  a  proconsul  left  his  province,  the  Iqsati  or 
one  of  them  took  his  place,  and  then  had  the  in- 
signia as  well  as  the  power  of  his  superior.  He 
was  in  this  case  called  Icgatns  pro  praetore  (Lir. 
xxix.  9 ;  Lydus,  de  Magietn  iiL  3  ;  Caes.  de  Ml. 
GalL  I  21),  and  hence  we  aomctimes  read  thai  a 
man  governed  a  province  as  a  legatus  wiihont  any 
mention  being  made  of  the  proconsul  whose  vice- 
gerent he  was.  (Sallust.  Cat.  42.)  During  the 
latter  period  of  the  republic,  it  sometimes  hap- 
pened that  a  consul  earned  on  a  war,  or  a  pro- 
consul governed  his  province  tfaiou^  his  legati, 
while  he  himself  remained  at  Rome,  or  conducted 
some  other  more  urgent  al&irs. 

When  the  provinces  were  divided  at  the  time 
of  the  empire  [Provincia],  those  of  the  Roman 
people  were  governed  by  men  who  had  either  been 
consuls  or  praetors,  and  the  former  were  alwavj 
accompanied  by  three  legati,  the  latter  by  one. 
(Dion  Cass.  liii.  13;  Dig.  1.  tit  16.)  The  pro- 
vinces of  the  emperor,  who  was  himself  the  pro- 
consul, were  governed  by  persons  whom  the 
emperor  himself  appomted,  and  who  had  been  con- 
suls or  praetors,  or  were  at  least  senators.  These 
vicegerents  of  the  emperor  were  called  le^  Au- 
ffttsti  pro  praetore^  legati  prctetonij  legati  ccmsth 
lares,  or  simply  legntiy  and  they,  like  the  governors 
of  the  provinciae  populi  Romani,  had  one  or  three 
legati  as  their  assistants.  (Strabo,  iiL  p.  352;  com- 
pare Dig.  1.  tit.  18.  8.  7  ;  Tacit  Ann.  xii.  59, 
Agrieol.  c.  7 ;  Sixmhcim,  de  Urn  ei  praetL  Nwnim. 
ii.  p.  595.) 

During  the  latter  period  of  the  republic  it  had 
become  customary  for  senators  to  obtain  bom  the 
senate  the  perniission  to  travel  through  or  stay  iu 
any  province  at  the  expense  of  the  provincials, 
merely  for  the  purpose  of  managing  and  conducting 
their  own  personal  afSairs.  There  was  no  restraint 
as  to  the  length  of  time  the  senators  were  allowed 
to  avail  themselves  of  this  privilege,  which  wai  a 
heavy  burden  upon  the  provincials.  This  mode  of 
sojourning  in  a  province  iiiis  called  l^atio  lUtcrOj  * 
because  those  who  a\'ailed  themselves  cf  it  en- 
joyed all  the  privileges  of  a  public  legatus  or 
ambassador,  without  having  any  of  his  duties  to 
perform.     At  the  time  of  Cicero  the  privilege  of 


LEITUROIA. 

leii^tio  liben  was  abiued  to  a  very  gicat  extent 
Cicero,  therefore,  in  his  consulship  endeavoured  to 
pQt  an  end  to  it,  but  owing  to  the  opposition  of  a 
tribune,  he  only  succeeded  in  limiting  the  time  of 
its  doiation  to  one  year.  (Cic  de  Leg,  iii.  8, 
de  Leg.  Agr.  i.  3,  pn>  Fhoe.  34,  Plu^p,  i.  2.) 
Jalina  Caeaar  afterwards  extended  the  time  during 
which  a  senator  might  avail  himself  of  legatio  libera 
to  five  yean  (Cic.  ad  Att  xv.  1 1),  and  this  law  of 
Csesar  (Lex  Julia)  seems  to  have  remained  in 
force  down  to  a  veiy  late  period.  (Suet.  TUber. 
31 ;  Dig.  50.  Ut.  7.  s.  14.)  [L.  &] 

LEOEa     [Lbx.] 

LE^OIO.     [ExBRcrrns.] 

LEOIS  ACTIO.     [Actio.] 

LEGIS  AQUl'LIAE  ACTIO.  [Damni  In- 
jiTRiA  Actio.] 

LEGITIMA  ACTIO.    [Actio.] 

LEGITIMA  HERE'DITAS.     [Herbs.] 

LBIPOMARTYRIOU  DIKE  (Afiwo/iaprv- 
/MM  Sixiv).     [Martyria.] 

LEIPONAUTIOU  GRAPHE  (KuTopamlov 
jfMpii).  The  indictment  for  desertion  firom  the 
fleet  was  preferred  before  the  tribunal  of  the  stra- 
tegi ;  and  the  court  which  under  their  superintend- 
ence  nt  for  the  trial  of  this  and  similar  military 
oflences  was  composed  of  citizens  who  had  been 
engaged  in  the  expedition  in  question.  (Meier,  AtL 
Froc  pp.  1 08, 1 33.)  The  penalty  upon  conviction 
seeott  to  have  been  a  fine,  and  the  complete  dis* 
franchiseraent  of  the  offender  and  his  descendants. 
(Petit.  Leg,  AtL  pp.  401,  667.)  [J.  S.  M.] 

LEIPOSTRATIOU  GRAPHE  {Ktarwrrpa. 
riau  ypa^).  The  circumstances  of  the  trial  for 
desertion  from  the  army  and  the  penalties  inflicted 
upon  conviction  were  the  same  as  in  the  case  of  de- 
lertion  from  the  fleet  [LsiPONAUTiou  Graphb], 
and  the  offence  was  also  punishable  by  an  eisan- 
gelis^  which,  Heraldus  suggests,  would  be  fr«- 
qoently  adopted  when  the  accuser  was  solicitous 
to  impose  silence  upon  a  political  opponent  by  pro- 
curing his  disfranchisement,  as  this  was  a  necessary 
coDsequmce  of  judgment  being  given  against  the 
defendant,  and  prevented  his  speaking  or  appearing 
in  public.  The  eisangelia  in  such  case  would  be 
preferred  before  the  assembly  of  the  people,  by 
which,  if  reasonable  cause  appeared,  it  would  be 
nbmitted  to  the  decision  of  one  of  the  ordinary 
legal  tribunals;  (Herald.  Animad.  in  SoIihos, 
p.  242.)  [J.S.M.] 

LEIPOTAXIOU     GRAPHE     (Kfirora^lov 

TpO^).      [A8TRATBIA8  GrAPHB.] 

LBITU'RGIA  (Xeirwpyla,  from  Acw-or,  Ion. 
X^iTor,  i.  e.  8i)/u$<rior,  or,  according  to  others, 
vpvrayeioy),  is  the  name  of  certain  personal  ser- 
vices which  at  Athens  and  in  some  other  Greek 
republics,  every  citizen,  who  possessed  a  certain 
amount  of  property,  had  to  perform  towards  the 
state.  These  personal  services,  which  in  all  cases 
were  connected  with  considerable  expense,  occur 
in  the  history  of  Attica  as  early  as  the  time  of  the 
Peisistratids  (Aristot  Oeeonom.  iL  5),  and  were 
probably,  if  not  introduced,  at  least  sanctioned  by 
the  legidation  of  Solon.  They  were  at  first  a 
natand  consequence  of  the  greater  political  privi- 
leges enjoyed  by  the  wealthy,  who,  in  return,  had 
g  also  to  perform  heavier  duties  towards  the  re- 
poblic ;  but  when  the  Athenian  democracy  was  at 
its  height,  the  original  character  of  these  liturgies 
became  changed,  for  as  every  citizen  now  enjoyed 
the  nme  ri^ts  and  privileges  as  the  wealthiest, 


tEITUROTA, 


679 


they  were  simply  a  tax  upon  property  connected 
with  personal  labour  and  exertion  {rots  xP^t^^^^ 
«ral  ry  ai&fAeeri  ActrovpysZi').  Notwithstanding 
this  altered  character  of  the  liturgies,  we  scarcely 
ever  find  that  complaints  were  made  by  persons 
subject  to  them  ;  many  wealthy  Athenians,  on  the 
contrary,  ruined  their  estates  by  their  ambitious 
exertions,  aad  by  the  desire  to  gain  the  favour  of 
the  people.  (Xen.  de  Rep.  Atlui.  13  ;  Demosth. 
e,  Euetyet  p.  1 155  ;  compare  Lys.  pro  bon,  Aldb, 
p.  646  and  657  ;  Isocrat.  de  Big.  15  ;  Aristot 
PoUt  ▼.  7.  p.  173,  ed.  Gottling.)  To  do  no  more 
than  the  law  required  {iu^oatowrBaiy  Isaeus,  <2s 
ApoUod,  c  38)  was  at  Athens  considered  as  a  dis- 
grace, and  in  some  cases  a  wealthy  Athenian, 
even  when  it  was  not  his  turn,  would  volunteer 
to  perform  a  liturgy.  (Demosth.  e.  Mid.  p.  5 Id, 
566,  &c  ;  compare  Bdckh,  Fvb,  Earn,  of  Athens^ 
p.  448,  &c.,  2d  ed.) 

All  liturgies  may  be  divided  into  two  classes : 
1.  ordinary  or  encydic  liturgies  {iyK^xKioi  Xcirovp- 
7(01,  Demosth.  c  LepL  p.  463),  and  2.  extraordi- 
nary liturgies.  The  former  were  called  encydic, 
because  they  recurred  every  year  at  certain  festive 
seasons,  and  comprised  the  xopTyuh  yvfa^eunapxi^ 
kofjaeaiapxia,  apxtif^mpla,  and  lortoo-if,  which 
are  all  described  in  separate  articles.  [Chorbous  ; 
Gymnasium  ;  Lampadbphoria  ;  Thborxa  ; 
Hbstiasis.]  Every  Athenian  who  possessed  three 
talents  and  above,  was  subject  to  them  (Demosth. 
a  Aphob,  p.  838  ;  Isaeus,  de  Pyrrk,  hered.  c  80), 
and  they  were  undertaken  in  turns  by  the  mem- 
bers of  every  tribe  who  possessed  the  property 
qualification  just  mentioned,  unless  some  one  vo- 
lunteered to  undertake  a  lituigy  for  another  per- 
son. But  the  law  did  not  allow  any  one  to  be 
compelled  to  undertake  more  thai'i  one  litui^gy  at 
a  time  (Demosth.  e.  JjqA.  p.  462,  c:  PolyoUt.  p. 
1209X  and  he  who  had  in  one  year  performed  a 
liturgy,  was  free  for  the  next  {ivteanhv  liaXari^w 
iKourros  \ttTovffyUf  Demosth.  c  Lepi,  p.  459),  so 
that  legally  a  person  had  to  perform  a  liturgy  only 
every  other  year.  Those  whose  turn  it  was  to 
undertake  any  of  the  ordinary  liturgies,  were  al- 
ways appointed  by  their  own  tribe  (Demosth. 
0.  Mid.  pp.  510,  519),  or  in  other  words,  by  the 
hrtfitKrirai.  twp  ^uX&y  (Tittmann,  Orieck.  Staatn. 
p.  296,  &C.),  and  the  tribe  shared  praise  as  wdl 
as  blame  with  its  \€irovf>y6s. 

The  persons  who  were  exempt  from  all  kinds  of 
liturgies  were  the  nine  nrehons,  heiresses,  and  or- 
phans until  after  the  commencement  of  the  second 
year  of  their  coming  of  age.  (Lysias,  e.  Diogeit, 
PL  908;  Demosth.  de  Symmor.  p.  182.)  Some- 
times the  exemption  from  liturgies  (arcAcfa)  was 
granted  to  persons  for  especial  merito  towards  the 
republic    (Demosth.  &  Lept.  p.  466,  &c.) 

The  only  kind  of  extraordinary  liturgy  to  which 
the  name  is  properly  applied, 'is  the  triernreby 
(rpttipapxia,) ;  in  tlie  earlier  times,  however,  the 
service  in  the  armies  vras  in  reality  no  mora  than 
an  extraordinary  liturgy.  [See  Eisphgra  and 
Tribrarchia.]  In  later  times,  during  and  after 
the  Pdoponnesian  war,  when  the  expenses  of  a 
liturgy  were  found  too  heavy  for  one  person,  we 
find  that  in  many  instances  two  persons  combined 
to  defray  the  exfienses  of  a  liturgy  (avth-tXtia), 
Such  was  the  case  with  the  choregia  and  the 
tricmrehy.  (Hermann,  Potit  Ani.  §  161.  n.  12 
and  13.) 

Liturgies  in  regard  to  the  persons  by  whom 
X  X  4 


680 


LEMNISCUa 


they  were  perfonned  were  eLm  dirided  into  Xcirovp- 
yiai  iroAtTucal,  rach  as  were  incumbent  upon 
citizens,  and  Aciroupy^  r&v  fieroiiwif.  (De- 
mosth.  6.  Lept.  p.  462.)  The  only  litai^gies  which 
are  mentioned  as  having  been  performed  by-  the 
fjJroiKoif  are  the  choregia  at  the  festival  of  the 
Lenaea  (Schol.  ad  Arittcpk.  PImL  954),  and  the 
iffrlturis  (Ulpian,  ad  Demotti  Lept.  §  15),  to 
which  may  be  added  the  bydriaphoria  and  skiade- 
phoria.   [Hydriaphorla.] 

That  liturgies  were  not  peculiar  to  Athens,  has 
been  shown  by  Bdckh  {Pub,  Ectm,  &c.  p.  299), 
for  choregia  and  other  Htui^gies  are  mentioned  at 
Siphnos  (Isocrat.  Aeginei.  c.  17)  ;  choregia  in 
Aegina  even  before  the  Persian  wars  (Herod,  v. 
83)  ;  in  Mytilene  during  the  Peloponnesian  war 
(Antiph.  dt.  Coed,  Herod,  p.  744)  ;  at  Thebes  in 
the  time  of  Epominondas  (Plut.  Aristid.  1) ;  at 
Orchomenos,  in  Rhodes,  and  in  several  towns  of 
Asia  Minor.  (Ck>mpare  Wol^  Prolegom.  in  De^ 
mosth.  Lept,  p.  bcxxvi.  &c. ;  Wachsmuth,  vol.  iL  p. 
92,  &c>  [L.S.] 

LEMBUS,  a  skiff  or  small  boat,  used  for  cany- 
ing  a  person  from  a  ship  to  the  shore.  (Plaut 
Merc.  i.  2.  81,  ii.  1.  35.)  The  name  was  also 
given  to  the  light  boats  which  were  sent  ahead  of 
a  fleet  to  obtain  information  of  the  enemy's  move- 
ments. (Isidor.  Orig.  xiz.  1  ;  Liv.  xxxi.  45,  xlv. 
10.)  Pliny  {H.  N.  vii.  56.  a  57)  attributes  their 
invention  to  the  inhabitants  of  Cyrene. 
.  LEMNISCUS  (Aij/wfiTico*).  Tliis  word  is  said 
to  have  originally  been  used  only  by  the  Syracu- 
sans.  (Hesych.  $.  v.)  It  signified  a  kind  of  co- 
loured ribbon  which  himg  down  from  crowns  or 
diadems  at  the  back  part  of  the  head.  (Fest.  «.  o.) 
The  earliest  crowns  are  said  to  have  consisted  of 
wool,  so  that  we  have  to  conceive  the  lemniscus  as 
a  ribbon  wound  around  the  wool  in  such  a  manner 
that  the  two  ends  of  the  ribbon,  where  they  met, 
were  allowed  to  hang  down.  See  the  representa- 
tions of  the  corona  obsidionalis  ahd  civica  in  p. 
359,  where  the  lemnisci  not  only  appear  as  a  means 
to  keep  the  little  branches  of  the  crowns  together, 
but  also  serve  as  an  ornament  From  the  remark 
of  Servius  {ad  Aen.  v.  269)  it  appears  that  ooronae 
adorned  with  lemnisci  were  a  greater  distinction 
than  those  without  them.  This  serves  to  explain 
an  expn^ssioii  of  Cicero  (palma  lemmeeata^  pro 
Roae.  Am.  35)  where  palma  means  a  victory,  and 
the  epithet  lemniscata  indicates  the  contrary  of 
infamis,  and  at  the  same  time  implies  an  honour- 
able as  well  as  lucrative  victory.  (Comp.  Auson. 
Epiet.  XX.  5.) 

It  seems  that  lemnisci  were  also  worn  alone  and 
without  being  connected  with  crowns,  especially  by 
ladies,  as  an  ornament  for  the  head.  (Plin.  H.N.  xxi. 
3.)  To  show  honour  and  admiration  for  a  person, 
flowers,  garlands,  and  lemnisci  were  sometimes 
showered  upon  him  while  he  walked  in  public. 
(Casaub.  ad  Suet.  Ner.  25  ;  Liv.  xxxiii.  19.) 

Lemnisci  seem  originally  to  have  been  made  of 
wool,  and  afterwards  of  the  finest  kinds  of  bast 
(pkilyrae^  Plin.  If.  AT.  xv.  14)  ;  but  during  the 
latter  period  of  the  republic  the  wealthy  Crassus 
not  only  made  the  foliage  or  leaves  of  crowns  of 
thin  sheets  of  gold  and  silver,  but  the  lemnisci 
likewise ;  and  P.  Claudius  Pulchor  embellished  the 
metal  lemnisci  with  works  of  art  in  relief  and  with 
inscriptions.    (Plin.  //.  M  xxi.  3.) 

The  word  lemniscus  is  used  by  medical  writers 
ifk  the  signification  of  a  kind  of  liniment  applied  to 


LENO. 

womids.  (Celsni,  viL  28 ;  Yeget  de  lU  Veler.  H 
14  and  48,  iii.  18.)  [LS.1 

LEMURA'LIA  or  LEMUHIA,  a  festivsl  for 
the  souls  of  the  departed,  which  was  celebrated  at 
Rome  every  yev  in  the  month  of  May.  It  vas 
said  to  have  been  institnted  by  Romnliis  to  ap- 
pease the  spirit  of  Remus  whom  he  had  bUui 
(Ovid.  f^ad.  v.  473,  &c),  and  to  have  been  called 
originally  Remuria.  It  was  celebrated  at  night 
and  in  silence,  and  during  three  alternate  days, 
that  is,  on  the  ninth,  eleventh,  and  tiiirteenth*  of 
May.  During  this  season  the  temples  of  the  gods 
were  rlosed,  and  it  was  thought  unlucky  kt  women 
to  marry  at  this  time  and  daring  the  whole  month 
of  May,  and  those  who  ventured  to  many  were 
believed  to  die  soon  after,  whence  the  provefb, 
menae  Maio  malae  nvbexL  Those  who  celebrated 
the  Lemuralia,  walked  barefooted,  washed  their 
hands  three  times,  and  threw  nine  times  blade 
beans  behind  their  backs,  believing  by  this  cere- 
mony to  secure  themselves  against  the  Lemoics. 
(Varro,  Vita  pop.  Bom.  Fragm.  pw  241,  ed. 
Bipont;  Servius,  ad  Aen.  L  276.)  As  rc^gards 
the  solemnities  on  each  of  the  three  days,  we  onlv 
know  that  on  the  second  there  were  games  in  the 
circus  in  honour  of  Mars  (Ovid.  Fad.  v.  597),  sod 
that  on  the  third  day  the  images  of  the  thirty 
Aigei,  made  of  rushes,  were  thrown  from  the  poos 
sublicius  into  the  Tiber  by  the  Vestal  virgins. 
(Ovid.  Faat.  v.  621  ;  Fest  a.  v.  Depontam;  com- 
ptftfe  Arobl)  On  the  same  day  there  was  a  fes- 
tival of  the  merchants  {festmn  meroatorum^  Ovid. 
Fatt.  y.  670,  &c.),  probably  because  on  this  day 
the  temple  of  Mercury  had  been  dedicated  in  the 
year  495  B.a  (Liv.  iL  21.)  On  this  occasion  the 
merchants  offered  up  incense,  and  by  means  of  a 
laurel-branch  sprinkled  themselves  and  their  goods 
with  water  from  the  well  of  Mercnry  at  the  Porta 
Capena,  hoping  thereby  to  make  their  bosineas 
proaper.  [L.  S.] 

LEMURES.  ^ee  Diet.  o/Cfr,  and  Rom.  Buh 
grapkjf  and  Mythology. 

LKNAEA.    [DioNYSiA,  p.  411,  b.] 

LENO,  LENOCI'NIUM.  Lenodsinm  n 
defined  by  Ulpian  (Dig.  3.  tit  2.  s.  4)  to  be  the 
keeping  of  female  slaves  for  proatitution  and  the 
profits  of  it ;  and  it  was  also  lenociniun  if  gain 
was  made  in  the  like  way  by  means  of  free  women. 
Some  lenones  kept  broUkels  (Itpasiaria)  or  open 
houses  for  prostitution.  This  trade  was  not  for- 
bidden, but  the  praetor*s  edict  attached  infiunia  to 
such  persons  [Inpamia].  In  the  time  of  Oligala 
(Sueton.  OaL  40,  and  the  notes  in  Barmann^ 
ed.),  a  tax  waa  laid  on  lenones.  Theodosius  snd 
Valentinian  endeavoured  to  prevent  parents  from 
prostituting  their  children  and  masters  their  femsle 
slaves  by  severe  penalties  ;  and  they  forhad  the 
practice  of  lenocinium  under  pain  of  corporal 
punishment,  and  banishment  fit»m  the  city,  and  so 
forth.  Justinian  (Nov.  14)  also  attempted  to  pat 
down  all  lenocinium  by  banishing  lenones  fimn  the 
city,  and  by  making  the  owners  of  hoosea,  who 
allowed  prostitution  to  be  carried  on  in  them, 
liable  to  forfeit  the  houses  and  to  pay  ten  ponndi 
of  gold :  those  who  by  trickery  or  force  got  ^ii» 
into  their  possession  and  gave  them  up  to  prostitu- 
tion were  punished  with  the  **  extreme  penalties ;  *'- 
but  it  is  not  said  what  these  extreme  penalties 
were.     Thia  Novella  contains  curious  matter. 

The  Lex  Julia  de  Adulteriis  defined  the  leno- 
cinium which  that  lex  prohibited  (Dig.  48.  tit.  5i 


LESCHE. 


A  2.  §  2).  It  wu  lenocinivm,  if  a  liiuliaiid  al- 
lowed hit  wife  to  commit  adultery  in  order  to  share 
the  gain.  The  legislation  of  Justinian  (Not.  117. 
c  9.  $  3)  allowed  a  wife  a  diTorce,  if  b«r  husband 
bad  attempted  to  make  her  prostitute  herMlf ;  and 
the  woman  could  reooTer  the  dos  and  the  donatio 
propter  nuptiaa.  It  was  lenodnium  in  the  husband 
if  he  kept  or  took  hack  (compi  Sueton.  DomU,  8) 
a  wife  whom  he  had  detected  in  an  act  of  adolteiy ; 
or  if  he  let  the  adulterer  who  was  detected  in  the 
act,  escape  ;  or  if  he  did  not  prosecute  him. 

With  reqwct  to  other  perwns  than  the  husband, 
it  was  lenodnium  by  the  lex  Julia,  if  a  man  mar- 
ried a  ^raman  who  was  condemned  for  adalteiy  ; 
if  a  penon  who  had  detected  others  in  adultery, 
held  his  peace  for  a  sum  of  money  ;  if  a  man  oom- 
meaeed  a  prosecution  for  adulteiy  and  discontinued 
it ;  and  if  a  person  lent  his  house  or  chamber  for 
adiolteriam  or  stnprum.  In  all  these  cases,  the 
penalty  of  the  lex  Julia  was  the  same  as  for  adulte- 
nam  and  stnpnxm.  The  lex  in  this  as  in  other 
like  iniitanffps  of  leges,  was  the  groundwork  of  all 
mfaseqnent  legislation  on  lenodnium.  Probably 
DO  part  of  the  lex  Julia  de  adulteriis  was  fonnally 
repealed,  but  it  receired  additions,  and  the  penal- 
ties wen  increased.  (Rein,  OnrnmalnclU  der 
^Mwr,  p.  8S3.)  As  to  the  uses  of  the  words 
Leno,  Laiocinium,  in  the  classical  writers,  see  the 
posHiget  cited  in  Faodolati,  Leae,  [G.  L.] 

LlvNUS(Alll^f).      [TORCULAK.] 

LEONIDEIA  (Aeoyi^ciaX  were  solemnities 
celebiated  cTery  year  at  Sparta  in  honour  of 
Leonidas,  who,  with  his  300  Spartans,  had  fallen 
at  Thennopylae.  Opposite  the  theatre  at  Sparta 
there  were  two  sepulchral  monuments,  one  of  Pan- 
noias  and  another  of  Leonidas,  and  here  a  funeral 
oniion  was  spoken  every  year,  and  a  contest  was 
held,  in  which  none  but  Spartans  were  allowed  to 
tpkepart   (Pans,  iii  14.  §  1.)  [L.S.] 

LEPTON.    [Chaloous  ;  Obolos.] 

LEPTUROI  (AewrovpToO,  a  chus  of  artificers 
respecting  whom  there  is  some  doubt  They  are 
commonly  supposed  to  be  carrers  of  fine  work  in 
wood;  but,  on  the  authority  of  two  passages 
(Plat  AemO.  PamL  37  ;  Died.  xriL  1 15),  in  the 
fimer  of  which  rojpe^iy  aol  Xnvroufyw  are 
mentioned  together,  Raoul-Rochette  supposes  that 
the  Ltpbargi  were  those  who  beat  out  gold  and 
sflTer  in  thin  leaves  to  corer  statues  and  furniture  ; 
and  that  they  corresponded  to  the  BradMrU  ArH- 
Jum  among  the  Romans.  {Lettn  d  M,  StAom, 
»^  189, 191.)  [P.S.] 

LE'RIA.    [LiMBUs ;  Tunica.] 

LBRN AEA  ( A«py«ua),  were  mysteries  (reAtr^) 
eekbiated  at  Iiema  in  Aigolis,  in  honour  of  De- 
netec  (Pans,  il  36.  §  7.)  They  were  said  to 
have  been  instituted  by  Philammon.  (Pans,  il  37. 
i  3.)  In  ancient  times  the  Ainves  earned  the  fire 
from  the  temple  of  Artemis  Pynmia,  on  Mount 
Cnthis,  to  the  Lemaea.  (Pans,  riii  15.  §  4.) 
These  mysteries  were  probably  a  remnant  of  the 
andent  reljgion  of  the  PHasgians,  but  further 
partiedan  are  not  known.  "     [L.  S.] 

LESCHE  (A^ox^),  is  an  Ionic  word,  signify- 
hgeoimeU  or  eomariaHoH^  and  aplaee/or  eotmeil 
vrecmvenaUom,  There  is  frequent  mention  of  places 
«f  public  resort,  in  the  Greek  dties,  by  the  name 
of  A«rx«<,  aome  set  apart  for  the  purpose,  and 
others  so  called  because  they  were  so  used  by 
jonngeis  ;  to  the  latter  class  belong  the  agorn  and 
ill  porticoes,  the  gymnasia,  and  the  shops  of  xari- 


LEX«  €81 

ona  tadesmen,  especially  those  of  the  smitha, 
which  were  frequented  in  winter  on  account  of 
their  warmth,  and  in  which,  for  the  same  reason, 
the  poor  sought  shelter  for  the  night  (Houl  Od, 
xriil  329 ;  Hes.  Op,  491,  499.)  In  these  pas- 
sages,  howerer,  in  which  are  the  earliest  examples 
of  the  use  of  the  word,  it  seems  to  refer  to  places 
distinct  from  the  smiths*  workshops,  though  re- 
sorted to  in  the  same  manner ;  and  we  may  gather 
from  the  grammarians,  that  then  wen  in  the 
Greek  dtiea  numerous  small  buildings  or  porticoes, 
furnished  with  seats,  and  exposed  to  the  sun,  to 
which  the  idle  resorted  to  enjoy  convenation,  and 
the  poor  to  obtain  waimih  and  shelter,  and  which 
were  called  A^x«< :  at  Athens  alone  there  were 
360  such.  (Eustath.  ad  Horn,  L  c  ;  Proclus,  ad 
HtM,  L  0, ;  Hesych.,  Etym.  Mag.,  j;  v. ;  KUhn,  ad 
AeL  V.  H,  il  34.)  Suidaa,  refeiring  to  the  pas* 
Mge  in  Hesiod,  explains  A^oxQ  by  toifuvos. 

By  Aeschylus  {Emm,  366)  and  Sophocles  (AnL 
160)  the  word  is  used  for  a  solemn  council ;  but 
elsewhere  the  same  writen,  as  well  as  Herodotus, 
employ  it  to  signify  common  convereation. 

In  the  Dman  states  the  word  retained  the 
meaning  of  a  place  of  meeting  for  deliberation  and 
intercourse,  a  council-chamber  or  club-room.  At 
Sparta  every  phyU  had  its  luekBj  in  which  and  in 
the  gymnasium  the  elders  passed  the  greater 
part  of  the  day  in  serious  and  sportive  conversa- 
tion, and  in  which  the  new-bom  children  wen 
presented  for  the  decision  of  the  elders  as  to 
whether  they  should  be  brought  up  or  destroyed. 
(Plut.  Z^  16,  25  ;  MiiUer,  Dor.  iil  10.  §  2,  iv. 
.9.  §  I.)  Some  of  these  Spartan  ^esoAoe  seem  to 
.have  been  halls  of  some  architectural  pretensions : 
Paosanias  mentions  two  of  them,  the  Ki^xn  Kp^ 
raafSwf  and  the  A^i|  voutiKri  (iil  14.  §  2,  15. 
§  8).  They  wen  also  used  for  other  purposes. 
(Ath.  iv.  p.  138,  e.) 

Then  wen  generally  chamben  for  ooundl  and 
conversation,  called  by  this  name,  attached  to 
the  temples  of  Apollo,  one  of  whose  epithets  was 
Amcxri^^PV^^  (Harpocrat  s.  v. ;  Plut  da  £1  ap, 
Ddpk  pb  385,  b. ;  MUIler,  Dor.  iL  2.  §  15,  note). 
Of  such  lemAas  the  chief  was  that  which  was 
erected  at  Delphi  by  the  Cnidians,  and  which  was 
celebrated  throughout  Greece,  even  less  for  its  own 
magnificence,  than  for  the  paintings  with  which  it 
was  adorned  by  Polygnotos.  (Pans.  x.  25 ;  B&t- 
tiger,  ArMiol,  d.  Malertiy  p.  296,  &c. ;  Diet,  of 
Biog,  t,  ».  Polygnatau,)  [P.  S.] 

LEUCA  or  LEUGA.    [Pb&I 

LEX.  Lex  is  defined  by  Papinian  (Dig.  1. 
tit  8.  a.  1) :  —  *^  Lex  est  commune  praeceptum, 
virorum  prudentium  consultum,  delictorum,  quae 
sponte  vel  ignorantia  contnhuntur,  coercitio,  com- 
munis nipnblicae  sponsio.**  Cicero  (de  Leg,  i.  6) 
defines  it  thus :  —  ^  Quae  scripto  sancit  quod  vnlt, 
ant  jubendo,  aut  vetando.**  (See  also  dt  Log,  ii. 
16.)  A  Law  is  properly  a  rule  or  command  of  the 
soverdgn  power  in  a  state,  published  in  writing, 
and  addressed  to  and  enforced  upon  the  members 
of  such  state  ;  and  this  is  the  proper  sense  of  Lex 
in  the  Roman  writers. 

In  the  Institutes  (1.  tit  2.  s.  4)  then  is  a  defi- 
nition of  a  Lex,  which  has  a  mon  direct  nference 
to  that  power  which  is  the  source  of  law: — ^  Lex 
est  quod  Populns  Ronuuius  senatorio  magistmtn 
interrogante,  veluti  Console,  constituebat*^  The 
definition  of  Capito  (GelL  x.  20)  is  *«  Generate 
jussum  popnli  aut  plebis   rogante  magistratu  ;** 


089 


LEX. 


but  this  definition,  aa  Oellius  obscrreflf'wiU  not 
apply  to  such  cases  as  the  Lex  about  the  Impe- 
num  of  Ponipeins,  or  that  about  the  return  of 
Cioero,  which  related  only  to  indlTiduals,  and  were 
properly  called  Privilegia. 

Of  Roman  Leges,  viewed  with  reference  to  the 
mode  of  enactment,  there  were  properly  two  kinds. 
Leges  Curiatae  and  Leges  Centuriatae.  Plebiscita 
are  Improperly  called  Leges,  though  they  were 
Laws,  and  in  the  course  of  time  had  the  same 
effect  as  Leges. 

Originally  the  Leges  Curiatae  were  the  only 
Leges,  and  they  were  passed  by  the  populus  in 
the  Comitia  Curiata.  After  the  establishment  of 
the  Comitia  Centuriata,  the  Comitia  Curiata  fell 
almost  into  disuse ;  but  so  long  as  the  Republic 
lasted,  and  even  under  Augustus,  a  shadow  of  the 
old  constitution  was  preserved  in  the  formal  con> 
ferring  of  the  Imperium  by  a  Lex  Curiata  only, 
and  in  the  ceremony  of  adrogation  being  effected 
only  in  these  Comitia.    [Adoptio.] 

Those  Leges,  properly  so  called,  with  which  we 
are  acquainted,  were  passed  in  the  Comitia  Centu- 
riata, and  were  proposed  (roffobaiUur)  by  a  roa- 
gistratns  of  senatorial  rank.  Such  a  Lex  was  also 
designated  by  the  name  Populi  Seitum,  (Festus, 
s.  V,  Seitum  Pop,)  As  to  the  functions  of  the 
Senate  in  legislation,  see  Auctor  and  Sxnatus. 

A  Plebiscitum  was  a  law  made  in  the  Comitia 
Tributa,  on  the  rogation  of  a  Tribune :  **  Plebis- 
citum est  quod  plcbs  plebeio  m^istratu  interro- 
gante,  veluti  Tribuno,  constituebat.**  (Inst  1. 
tit  2.  s.  4.)  **  Accordingly,"  says  Gains  (i.  3), 
*'  formerly  the  patricii  used  to  say  that  they  were 
not  bound  by  Plebiscita,  because  they  were  mode 
without  their  sanction  (tins  tmetoriiate  eorum)  ; 
but  afterwards  the  Lex  llortensia  was  carried 
(B.C.  288),  which  provided  that  Plebiscita  should 
bind  the  whole  populus  (in  the  larger  sense  of  the 
word),  and  thus  they  were  made  of  equal  force 
with  Leges.''  (Liv.  viiL  12  ;  Gell.  xv.  27  ;  Lbqbs 

PUBLILIAB.) 

When  the  Comitia  Tributa  were  put  on  the 
same  footing  as  the  Centuriata,  the  name  Lex  was 
applied  also  to  Plebiscita,  and  thus  Lex  became  a 
generic  term,  to  which  was  sometimes  added  the 
specific  designation,  as  Lex  Plebeivescitum,  Lex 
sive  Plebiscitum  est  [pLSBisaTUM], 

Cicero,  in  his  enumeration  of  the  sources  of 
Roman  law  {Top,  5),  does  not  mention  Plebis- 
cita, which  he  undoubtedly  comprehended  under 
**  leges/'  Various  Plebiscita  are  quoted  as  leges, 
such  as  the  Lex  Falcidia  (Gains,  ii.  227)  and  Lex 
Aquilia.  (Cicpro  7W/u>,  8.  11.)  In  the  Table  of 
Heraclca  the  words  *^  lege  plebisvescito ''  n^p^&ax 
to  refer  to  the  same  enactment ;  and  in  the  Lex 
Rubria  there  occurs  the  phrase  ^  ex  lege  Rubria 
sive  id  plebiscitum  est"  (Savigny,  ZeU9(Arift^  &c 
Tol.  ix.  p.  355.) 

The  word  Rogatio  (from  the  verb  rogo)  properiy 
means  any  measure  proposed  to  the  legislative 
body,  and  therefore  is  equally  applicable  to  a  pro* 
posed  Lex  and  a  proposed  Plebiscitum.  Accord- 
mgly  there  occur  the  expressions  ^  populum  ro- 
gare,"  to  propose  a  lex  to  the  populus ;  and  **  legem 
rogare,"  to  propose  a  lex.  (Festus,  s.  v.  Rogatio,) 
A  Rogatio  then  is  properly  a  proposed  lex  or  a 
proposed  plebiscitum.  The  terms  Rogare,  Rogatio 
also  apply  to  a  person  being  proposed  for  a  magis- 
tratus  at  the  Comitia.  (Sail.  Jug,  29.)  The  form 
of  a  Rogatio,  in  the  case  of  Adrogatio,  which  was 


LEX, 

eRectod  at  the  Comitia  Curiata  {per  populi  roff^ 
Uonem)^  is  preserved  by  Gellius  (v.  19):  it  begins 
with  the  words  '*  Velitis,  jubeatis,  &C.,**  and  ends 
with  the  words  **•  ita  vos  Quirites  rogo.**  The 
corresponding  expression  of  assent  to  the  Rogatio 
on  the  part  of  the  sovereign  assembly  was,  Uti 
Rogas.  The  rejection  of  a  Rogatio  is  expressed  by 
Antiqnare  Rogationem.  (Liv.  xxzL6.)  The  term 
Rogatio  therefore  included  every  propooed  Lex, 
Plebiscitum,  and  Privilegianu  for  without  a  Rogatio 
there  could  be  no  command  (Jutmm)  of  the  PopO' 
lus  or  Plebs.  But  the  words  Lex,  Plebiscitum, 
and  Privilegium  were  often  improperly  used  to  ex- 
press laws  (Gell.  x.  20) ;  and  Rogationes,  after  they 
had  become  laws,  were  still  sometimes  called  Roga- 
tiones.  Tl|e  term  Rogationes  is  often  applied  to 
measures  proposed  by  the  Tribunes,  and  afterwards 
made  Plebiscita :  hence  some  writers  (improperly) 
view  Rogatio  as  simply  equivalent  to  Plebisatom. 
Besides  the  phrase  **  rogare  legem,**  there  ate  the 
phrases  **  legem  ferre,**  to  propose  a  I^ex,  and  **  ro- 
gationem pramulgare,**  to  give  public  notice  of  the 
contents  of  a  Lex  which  it  was  intended  to  pro> 
pose ;  the  phrase  **  rogationem  acdpere  **  applies  to 
the  enacting  body.  **  Lex  Rogata  **  is  equivalent 
to  **  Lex  Lata.**  Legem  perferre  and  Lex  perlata 
apply  to  a  Rogatio  when  it  has  become  a  Lex. 
(Dig.  85.  tit  2.  s.  1.  Ad  legem  Falddiam,)  The 
terms  relating  to  legislation  are  thus  explained  by 
Ulpian  (tit  1.  s.3): — *'A  Lex  is  said  either 
rogari  or  ftrri;  it  is  said  ekrogari^  when  it  is  re- 
pealed ;  it  is  said  derogari^  when  a  part  is  re- 
pealed ;  it  is  said  whrogarif  when  some  addition 
is  made  to  it ;  and  it  is  said  obrogari^  when  some 
pert  of  it  is  changed.**  A  subsequent  lex  repealed 
or  altered  a  prior  lex  which  was  inconsistent  with 
it  It  appears  to  have  been  also  a  principle  among 
the  Romans  that  a  Law  by  long  desuetude  became 
of  no  effect  (Comp.  Liv.  xxi  63,  and  Cic  ns 
Verr,  v.  18.) 

As  to  their  form,  we  can  judge  of  the  Roman 
style  of  legislation  by  the  fragments  which  exist 
The  Romans  seem  to  have  always  adhered  to  the 
old  expressions,  and  to  have  used  few  superfluous 
words.  Great  care  was  taken  with  such  daoses  as 
were  proposed  to  alter  a  former  lex,  and  great  care 
was  also  used  to  avoid  all  interiference  with  a 
former  lex,  when  no  change  in  it  was  intended. 
The  Leges  were  often  divided  into  chapters  (capita). 
(See  the  tablet  of  the  I^x  de  Gallia  Cisalpina ; 
and  Cic.  ad  AU.  iiL  23.)  The  Lex  was  cut 
on  bronze  (aes)  and  deposited  on  the  AerariiOB. 
(Sueton.  Om.  28  ;  Plutarch,  Oa,  Min.  17.)  Pro- 
bably the  fixing  of  a  Lex  in  a  public  place  was 
generally  only  for  a  time.  (Cic  ad  AtL  xiv. 
12.)  The  title  of  the  lex  was  generally  derived 
from  the  gentile  name  of  the  magistratus  who  pro- 
posed it,  as  the  Lex  Hortcnsia  from  the  dictator 
Hortensius.  Sometimes  the  lex  tofAi  its  name 
from  the  two  consuls  or  other  magistrates,  as  the 
Acilia  Calpnmia,  Aelia  or  Aelia  Sentia,  Papia  or 
Papia  Poppaea,  and  others.  It  seems  to  have  been 
the  foshion  to  omit  the  word  ei  between  the  two 
names,  though  instances  occur  in  which  it  was 
used.  [Julia  Lbx  bt  Titia.]  A  lex  was  also 
often  designated,  with  reference  to  its  object,  as 
the  Lex  Cincia  de  Donis  et  Muneribos,  Lex 
Furia  Testamentaria,  Lex  Julia  Municipalis,  and 
many  others.  Leges  which  related  to  a  common 
object,  were  often  designated  by  a  collective  name, 
as  Leges  Agnriae,  Judiciariae,  and  otherL  Some- 


LEX. 

(im«s  a  dnpter  of  a  kx  was  referred  to  under  the 
title  of  the  lex,  with  the  addition  of  a  reference 
to  the  contents  of  the  chapter,  as  Lex  Julia  de 
Frnido  Dotali,  which  was  a  chapter  of  the  Lex 
Julia  de  Adnlteriis.  A  lex  sometimes  took  its 
nsme  from  the  chief  contents  or  its  first  chapter,  as 
Lex  Jolia  de  Maritaiidis  Oidinibiis.  Sometimes  a 
lex  comprised  Teiy  various  provisions,  relating  to 
BBtters  essentially  different,  and  in  that  case  it 
wss  called  Lex  &it»ra.  [Lbz  CxBCihiA  Didia, 
Lxx  Julia  Municipalis.] 

The  terms  in  which  a  Lex  was  expressed  were 
fixed  bj  the  persoo  who  propdsed  it ;  but  in  many 
csaes  probably  he  would  require  the  assistance  of 
same  person  w^ho  was  acquainted  with  technical 
language.  A  Lex  was  proposed  to  the  Comitia  in 
its  entire  form  for  acceptance  or  rejection :  there 
was  no  discussion  on  the  clauses,  and  no  alteration 
of  them  in  the  Comitia,  and  indeed  discussion 
of  details  and  alteration  were  impossible.  The 
Sanctio  of  a  Lex  (RkcL  ad  Herenn.  ii.  10  ;  Papi- 
nian.  Dig.  48.  tit.  19.  s.  41)  made  a  Lex  which 
the  Ronnns  call  Perfecta  In  a  Lex  Perfecta,  the 
act  which  is  done  contrary  to  the  provisions  of 
the  Lex,  is  declared  by  the  Lex  to  be  null.  If  a 
Lex  did  not  contain  this  Sanctio,  it  was  called 
Imperfecta.  A  Lex  was  called  minus  quam  per- 
lecta,  when  the  act  which  was  done  contrary  to  its 
proviflians  was  not  declared  null,  but  the  Lex  im- 
poied  a  penalty.  (Savigny,  System^  &c.  vol.  iv.  p. 
549,  &C.)  This  division  of  Leges  into  Perfeclae, 
&e.  is  obviously  only  applicable  to  such  Leges  as 
referred  to  what  the  Romans  called  the  department 
of  Privatum  Jus. 

The  number  of  Leges  was  greatly  increased  in 
tbe  later  part  of  the  republican  period  (Tacit  Ann. 
iii  25—28),  and  Julius  Caesar  is  said  to  have  con- 
templated a  revision  of  the  whole  body.  Under 
hun  and  Augustus  numerous  enactments  were 
paswd,  which  are  known  under  the  general  name 
of  Julise  Leges.  [Julzab  Lbgbs.]  It  is  ofUn 
itated  that  no  Leges,  properly  so  called,  or  Plebis- 
cite, were  passed  after  the  time  of  Augustus  ;  but 
this  is  a  mistake.  Though  the  voting  might  be  a 
mere  fi>nn,  still  the  fbnn  was  kept ;  and  if  this 
were  not  so,  the  passage  of  Oaics  (i.  2,  &c.),  in 
which  he  speaks  of  leges  and  plebiscita  as  forms 
of  legiislation  still  in  use,  would  not  be  correct 
Besides,  various  leges  are  mentioned  as  having 
been  passed  under  the  Empire,  such  as  the  Lex 
Visellia,  a  Lex  Agraria  under  Caligula,  and  a  Lex 
Claudia  on  the  tutela  of  women.  (Gains,  i.  157, 
171.)  It  does  not  appear  when  the  ancient  forms 
of  legislation  were  laid  aside,  but  they  certainly 
long  survived  the  popular  elections  to  which  alone 
the  patsage  of  Tacitus  {Ann.  i.  15)  refers. 

In  the  Digest  a  Senatusconsultum  is  sometimes 
lefened  to  as  a  Lex  (14.  tit  6.  s.  9.  §  4  ;  s.  14)  ; 
in  which  there  was  no  great  impropriety  if  we 
hare  regard  to  the  time,  for  Senatusconsulta  were 
then  laws.  Still  a  Senatusconsultum,  properly  so 
cslled,  must  not  be  confounded  with  a  Lex  properly 
M  called ;  and  there  is  no  reason  for  supposing 
that  the  Lex  Claudia  of  Oaius  was  a  Senatusoon- 
niltum,  for  when  he  speaks  of  a  Senatusconsultum 
of  the  time  of  Claudius,  he  calls  it  such  (i.  84, 91 ). 
However  there  is  no  mention  of  any  Lex  being 
enacted  later  than  the  time  of  Nerva.  (Dig.  47. 
tit21.s.3.  §1.) 

It  remains  further  to  explain  the  words  Rogatio 
■nd  Pririlegium* 


LEX. 


68S 


Rogatio  is  defined  by  Festus  to  be,  a  command 
of  the  Populus  relating  to  one  or  more  persons,  but 
not  to  all  persons ;  or  relating  to  one  or  moro 
things,  but  not  to  all.  That  which  the  Populus 
has  commanded  (advit)  with  respect  to  all  per- 
sons or  things  is  a  Lex ;  and  Aclius  Qallus  says, 
Rogatio  is  a  genus  legis  ;  that  which  is  Lex  is  nol 
consequently  (ponHnmo)  Rogatio ;  but  Rogatio  must 
be  Lex,  if  it  has  been  proposed  {roffcOa)  at  legal 
comitia  (jtutis  comUiis).  According  to  this  definio 
tion  a  rogatio,  when  enacted,  is  Lex  ;  there  is  also 
Lex  which  is  not  rogatio:  therefore  we  must 
assume  a  general  name  Lex,  comprehending  Lei^ 
Proper  and  Rogatio.  The  passage  of  Aelius  Gal- 
lus  is  emended  by  Goettling  {Geachiekie  der  Rom, 
Siaatsv.  &c.  p.  310) ;  but  his  emendation  is  founded 
on  mistaking  the  sense  of  the  passage,  and  it  con- 
verts the  clear  meaning  of  Gallus  into  nonsense. 
According  to  the  definition  of  Gallos,  Rogatio  was 
equivalent  to  Privilegium,  a  term  which  occurred 
in  the  Twelve  Tables  (Cic.  deLeg.  iii.  19)  ;  and  it 
signified,  according  to  Gallus  (Festus,  i.  r.  liogaiio) 
an  enactment  that  had  for  its  object  a  single  per- 
son, which  is  indicated  by  the  form  of  the  word 
(privi-Uffium),  ^  pri\  ae  res  ^  being  the  same  as 
**  singulae  res.**  The  word  privilegium,  according 
to  the  explanation  of  Gallus,  did  not  convey  any 
notion  of  the  character  of  the  legislative  measures : 
it  might  be  beneficial  to  the  party  to  whom  it  re- 
ferred, or  it  might  not  It  is  generally  used  by 
Cicero  in  the  unfavourable  sense  (pro  Domo^  1 7  ; 
pro  SesiiOy  30  ;  rogationem  privilegii  dmilem^  Brut, 
23).  Accordingly  in  the  Republican  period  Privi- 
legia  were  not  general  Laws  or  parts  of  the  general 
Law;  they  bear  the  character  of  an  exception  to  the 
general. rule.  In  the  Corpus  Juris  Privilegium  is 
the  common  name  for  a  Jus  Singulare,  the  mean- 
ing of  whidi  is  explained  by  Savigny  {System^  &c. 
i.  p.  61). 

The  meaning  of  Lex,  as  contrasted  with  Jus,  is 
stated  in  the  article  Jus. 

Some  other  significations  of  Lex,  which  are  not 
its  proper  significations,  are  easily  explained  ;  for 
instance.  Lex  is  used  to  express  the  terms  or  con- 
ditions of  a  contract,  apparently  with  reference  to 
the  binding  force  of  all  legal  contracts.  In  English 
instruments  which  contain  covenants,  it  is  often 
expressed  that  it  shall  be  ** lawful*^  for  one  or 
more  of  the  parties  to  do  a  certain  act,  by  which 
is  simply  meant  that  the  parties  agree  about  some- 
thing, which  is  legal,  and  which  therefore  makes 
a  valid  agreement  The  work  of  Marcus  Manilius 
(Cos.  B.  a  149)  on  sales  is  quoted  by  Cicero  {d^ 
Or.  i.  58)  as  "  Manilianas  venalium  vendendorum 
leges.''  (See  Dig.  18.  tit.  1.  s.  40,  where  Lex 
means  conditions  ^of  sale.)  Accordingly  we  find 
the  expression  Leges  (3ensoriae  to  express  the  con- 
ditions on  which  the  censors  let  the  public  pro- 
perty to  fiEunm  ;  and  perhaps  the  term  also  signified 
certain  standing  regulations  for  such  matters,  which 
the  censors  were  empowered  to  make.  {Frfxg.  d$ 
jureFiseiy  s.  18  ;  Dig.  50.  tit  16.  s.  203.)  In  both 
the  cases  just  referred  to,  the  phrase  Lex  Cen- 
soria  is  used  (in  the  singular  number)  ;  and  this 
Lex,  whether  a  Law  proper  or  not,  seems  to  have 
been  divided  into  chapters. 

Lex  simply  sometimes  signifies  the  laws  of  the 
Twelve  Tables. 

The  extant  authorities  for  the  Roman  Leges  are 
the  works  of  the  classical  Roman  writers,  of  the 
Roman  Jurists^  and  inscriptions.    Tho  most  useful 


«84 


LEX  AELIA  SENTIA. 


modem  coUection  ib  that  in  tbe  Onomasticon  of 
OrelUua,  intided  ^  Index  Legtun  Romananim  qiia- 
lum  apad  Ciceronem,  ejuaque  SchoUastaa,  item 
apud  LiTinxn,  Velleiom  Patercalom,  A.  Gellinm  no- 
ininatim  mentio  fit.**  There  are  also  extant  ftag- 
mento  of  seTeral  laws  on  bronze  tablets,  such  aa 
the  Lex  Thoria,  which  is  a  Lex  Asniria,  and  is 
cut  on  the  bade  of  the  nune  tablet  vhich  oontams 
the  Lex  Servilia  ;  the  Lex  Rubria  ;  and  some  few 
other  monuments. 

The  following  is  a  list  of  the  principal  Leges :  — 
ACI'LIA  Db  CoLONiis  Dkducbndis   (Lir. 
xxxii.  29). 

ACI'LIA.     tRKPBTDNDAB.] 

ACI'LIA  CALPU'RNIA.    [AMBirua] 

AEBU'TI  A,  of  uncertain  date,  which  with  two 
Juliae  Leges  put  an  end  to  the  Legis  Actiones, 
except  in  certain  cases.     [Judbx  ;  Actio.] 

Another  Lex  of  the  same  name  prohibited  the 
proposer  of  a  lex,  which  created  any  office  or  power 
(citra^  ae  potestas\  from  haying  such  office  or 
power,  and  even  exduded  his  collegae,  cognati  and 
affines.  (Cic.  m  RulL  ii.  8,  where  he  mentions  also 
a  Lex  Licinia,  and  in  the  pro  Domo^  20.) 

AE'LTA.  This  Lex  and  a  Fufia  Lex  passed 
about  the  end  of  the  sixth  century  of  the  city,  gave 
to  all  the  magistrates  the  obnunciatio  or  power  of 
preventing  or  dissolving  the  comitia,  by  observing 
the  omens  and  declaring  them  to  be  unfavourable. 
(Cic.  PfdL  iL  32,  prp  SesHo,  15,  ad  AU.  il  9.) 

There  is  some  difficulty  in  stating  the  precise 
nature  of  these  two  Leges ;  for  it  is  most  probable 
that  there  were  two.  The  passages  in  which  they 
are  mentioned  are  collected  m  Orellii  Onomasticon, 
Index  Legiun. 

AE'LIA  Db  Colonim  Dbducbndu.  (Lir. 
acxxiv.  63.) 

AE'LIA  SE'NTIA.  This  law  which  was 
passed  in  the  time  of  Augustus  (about  a.  d.  8), 
chiefly  regulated  the  manumission  of  slaves ;  a 
matter  that  has  been  put  under  certain  restrictions 
in  modem  slave  states  also. 

By  one  provision  of  this  law  slaves  who  had 
been  put  in  chains  by  their  masters  as  a  punish- 
ment, or  branded,  or  subjected  to  the  other  punish- 
ments mentioned  in  the  law  (Oaius,  i.  13),  if  they 
were  afterwards  manumitted  either  by  the  same 
master  or  another,  did  not  become  Roman  citizens 
or  even  Latini,  but  were  in  the  class  of  Peregrini 
dediticii.  [Dbditicii.]  The  law  also  made  r^:uhi- 
tions  as  to  the  age  of  slaves  who  might  be  manu- 
mitted. It  enacted  that  slaves  und^r  thirty  years 
of  age  who  were  manumitted,  only  became  Roman 
citizens  when  they  were  manumitted  by  the  Vin- 
dicta,  and  after  a  legal  cause  for  manumission  had 
been  established  befiae  a  consilium.  What  was 
a  legal  cause  (causa  jnsta),  and  how  the  consi- 
lium was  constituted,  are  explained  by  Gaius  (i. 
]  9,  20).  These  consilia  for  the  manumission  of 
slaves  were  held  at  stated  times  in  the  provinces, 
and  in  Rome.  A  skve  under  thirty  years  of  age 
could  become  a  Roman  citizen  if  he  was  made 
free  and  heres  by  the  testament  of  a  master,  who 
was  not  solvent  (Oaitis,  i.  21.)  The  hw  also 
contained  provisions  by  which  those  who  were 
under  thirty  years  of  age  at  the  time  of  manumis- 
sion, and  had  become  Latini  in  consequence  of 
manumission,  might  acquire  the  Roman  citizenship 
on  certain  conditions,  which  were  these.  They 
must  have  taken  to  wife  a  Roman  citizen,  or  a 
Latina  ooloniaria  or  a  woman  of  the  same  class  as 


LEGES  ANNALES. 

themselves,  and  must  have  had  as  evidence  of  that 
fact  the  presence  of  fiye  Roman  citizens  of  fall 
age,  and  have  begotten  a  son  who  bad  attained  the 
age  of  one  year.  On  showing  these  £acta  to  the 
praetor  at  Rome,  or  to  the  governor  in  s  pro- 
vince, and  the  magistrate  declaring  that  the  feeta 
were  proved,  the  man,  his  wife,  and  his  child  be- 
came Roman  citizens.  If  the  fiuher  died  before 
he  had  proved  his  case  before  the  magiatzate,  the 
mother  could  do  it,  and  the  legal  eflfeet  was  tbe 


If  a  man  manumitted  his  slave  to  defirand  his 
creditors,  or  to  defraud  a  patron  of  hia  patronal 
rights,  the  act  of  manumissicm  was  made  invalid 
by  this  hiw.  A  person  under  the  age  of  twenty 
years  was  also  prevented  from  manumitting  any 
slave,  except  by  the  process  of  Vindicta,  and  after 
establishing  a  legal  cause  before  a  consilium. 
The  consequence  was  that  though  a  male,  who 
had  completed  his  fourteenth  year,  could  make  a 
will,  he  could  not  by  his  will  manumit  a  slave 
(Gains,  L  37^-40).  A  male  under  the  age  of 
twenty  could  manumit  his  shive  so  as  to  make  him 
a  Latmus,  but  this  also  required  a  legal  canae  to  be 
affirmed  by  a  consilium.  The  provisions  of  the  Lex 
Aelia  Sentia,  as  to  manumitting  slaves  for  the  pur- 
pose of  defrsuding  creditors,  did  not  api^ j  to  Pere- 
grini, until  the  provision  was  extended  for  their 
benefit  by  a  Sctum  in  the  time  of  Hadrian.  The 
other  provisions  of  the  Lex  did  not  apply  to  Pere- 
grini The  application  of  the  principles  of  the 
Law  is  shown  in  other  passages  of  Gains  (L  66^ 
68,  70,  71,  80,  189,  iii.  5,  73,  74).  In  a  free 
state,  when  manumission  must  chstnge  the  condi- 
tion of  skives  into  that  of  citizens,  the  importance 
of  limiting  and  regulating  the  manumitting  power 
is  obvious.  Under  the  later  Empire  sach  xegn- 
lations  would  be  of  little  importance.  This  law 
was  passed  according  to  the  constitutional  forms  in 
the  time  of  Augustus,  when  the  status  of  a  Civis 
had  not  yet  lost  its  value,  and  the  semblance  ot 
the  old  constitution  still  existed  (Ulpnn,  Proff. 
tit  i.;  Dig.  28.  tit  5.  s.57,60;  38,  tit  2.  a  33; 
Tacit  AnnaL  xv.  55.) 

AEMI'LIA  DB  CBN80RIBU&  A  Lex  passed 
in  the  Dictatorship  of  Mamercns  Aemilins  (&a 
433),  by  which  the  Censors  were  elected  ibr  a 
year  and  a  half,  instead  of  a  whole  lustrum.  (Liv. 
iv.  24,  ix.  33.)  After  this  Lex  they  had  accord- 
ingly only  a  year  and  a  half  allowed  them  for 
holding  the  census  and  letting  out  the  public  works 
to  &rm. 

AEMI'LIA  BAE'BIA.  [Cornblia  Babbia.] 

AEMl'LIA  LE'PIDI,  AEMFLIA  SCAURL 

[SUMTUARIAB  LbOB&] 

AGRA'RIAE.  [Agrariab  Lbobs  ;  and  Luc 
Apulbia  ;  Cassia  ;  Cornblxa  ;  Flaminia  ; 
Flavia  ;  Julia  ;  Licinia  ;  Mamilia  ;  Sbm- 
PRONiA ;  Sbrvilia  ;  Thoria.] 

A'MBITUS.    [Ambitus.] 

A'MPIA,  a  Lex  proposed  by  T.  Ampins  and 
T.  Labienus,  tr.  pi.  &  a  64,  by  which  Cn.  Pom- 
peius  was  allowed  to  wear  a  crown  of  bay  at  the 
Lndi  Circenses,  and  the  like.  (YdL  Pat  ii.  40  ; 
Dion  Cass,  xxxvil  21.) 

ANNA'LES  LEGES  wero  those  Leges  whidi 
determined  at  what  age  a  man  might  be  a  candi- 
date for  the  several  magistmtus.  (Cic  PkSUpp.  v.  1 7.) 

The  first  Lex  which  particufavly  determined 
the  age  at  which  a  man  might  be  a  candidate  for 
the  several  magistiatus  was  the.Yillia.    It  was 


LEX  BAEBIA  CORNELIA, 
propoied  Vy  L.  VflliBB,  tr.  pi.  b.  c.  180  (Lit.  xxr. 
2,  xl.  44.)    According  to  this  Lex  a  man  might 
be  elected  quaettor  at  the  age  of  thirty-one,  and 
coDBol  at  forty-three.     [Villia.] 

There  seema  to  have  been  also  a  Lex  Pinaria 
on  this  subject.     (Cic.  iU  OraL  iL  65.) 

A'NTIA.    [SuMTUARiAB  Lbobs.] 

ANTO^IA  DB  Thrrmbnsibcjs,  abont  B.a 
7*2;  by  which  Theimessus  in  Pisidia  was  recog- 
nised as  Libera.  (Pachta,  In$L  vol  i.  §  69 ; 
Dirksen,  Beaurkunffem  liber  dot  Plebttcitmrn  de 
Tkennau&us.) 

ANTO'NIAE,  the  name  of  Tarioos  enactments 
proposed  or  passed  by  the  influenceof  M.  Antonius, 
after  the  death  of  the  Dictator  J.  Caesar,  snch  as 
the  Jadidaria.  [JuDBX.p.650,  a.]  Another  lex 
that  was  promulgated  allowed  an  appeal  to  thepopn- 
his  after  conriction  for  Vis  or  Majestas.  (Cic.  FhiL 
i  9.)  Yarioos  other  measures  proposed  by  M. 
Antonius  are  mentioned  by  Cicero  {Phil.  i.  1, 
ii.43,  T.  3,  5),  Dion  Cassius  (xlir.  51,  xU.  9,20, 
2.^  U,  xItL  23,  24),  and  Appian  {BelL  CVv.iii. 
27,30.) 

APULE'IA,  gave  a  surety  an  action  against 
his  co-sureties  for  whatever  he  had  paid  above  his 
akue.  [Intbrcbssio.] 

APULE'IA  AGRA'RIA,  proposed  by  the  tri- 
hone  L.  Apuleius  Satuminus,  B.a  101.  (Li v. 
EpU.  69 ;  Appian,  BelL  Oh.  i.  29 ;  Cie.  pro  Settio, 
16,47.) 

APULETA  Db  Colonus  Dbducbndis  (Cic. 
fnB<dbo^2\\ 

APULE'IA  FRUMENTARIA,  proposed 
ahoQt  the  same  time  by  the  same  tribune.  (Anct 
Bd  Hermm.  1 12.)     [Frombntariab  Lbobr.] 

APULE'IA  MAJESTATIS.     [Majbotah.] 

AQUI'LIA    [Damni  Injuria  Actio.] 

ATEllNIATARPE'IA,B.c455.  This  Lex 
empowered  all  roagistzatus  to  fine  persons  who  re- 
listed their  authority ;  but  it  fixed  the  hig;}iest  fine 
at  two  sheep  and  thirty  oxen,  or  two  oxen  and 
thirty  sheep,  far  the  authorities  vaiy  in  this.  (Cic. 
ie  Rep,  \u  35 ;  Dionys.  x.  50 ;  Oell.  xi.  1  ;  Festus, 
a  vc.  MfiUam^  OvUmt,  Peculattu,  Niebuhr,  Hi$t. 
ofRoms^  voL  ii.  p^  300.) 

ATIA  DE  SACERDOTIIS  (ac  63%  pro- 
posed  by  the  tribune  T.  Atius  Labienus,  re- 
pealed Uie  Lex  Cornelia  de  Sacerdotiis.  (Dion 
Cass,  xxxril  37.) 

ATl'LIA  MA'RCIA,  enacted  b.  a  312,  em- 
powered the  populus  to  elect  sixteen  tribuni  mi- 
litam  for  each  cf  four  legions.     (Liv.  ix.  30.) 

ATl'LIA.    [Julia  Lbx  bt  Titia  ;  Tutor.] 

ATI'NIA,  allowed  no  usucapion  in  a  stolen 
thing.     (Oell.  xvii.  7;   Instit.  2.   tit  6.   s.  2.) 

[FURTUJf.] 

ATPNIA,  of  uncertain  date,  was  a  plebiscitnm 
which  gave  the  rank  of  senator  to  a  tribune.  (Oell. 
xiv.  8.)  The  measure  probably  originated  with  C. 
Atinius,  who  was  tribune  b.  c  130.  (Plin.  H.  N. 
Til  45 ;  Cic.  pro  Domo,  47.) 

AUFrDlA.[AMBrrU8;SxNATU8CON8ULTUM.] 

AURE'LIA  JUDICLA'RIA.  [Judbx,  p. 
650,  a.] 

AURE'LIA  TRIBUNICIA,    [Tribunl] 

BAE'BIA  (b.  c.  192),  which  enacted  that  four 
praetors  and  six  praetors  should  be  chosen  in  al- 
tfmate  years  (Liv.  xl.  44) ;  but  the  hw  was  not 
obserrel  (Meyer,  OnUor,  Roman.  Fragnu,  p.  90, 
2ndcd.> 

BAE  BTA  CORNE'LIA.    [Ambitub.] 


LEX  CINCIA. 


685 


CAECI'LIA  DE  CENSOOIIBUS  or  CEN- 
SO'RIA  (b.  c.  54),  proposed  by  Metellus  Scipi<\ 
repealed  a  Clodia  Lex  (b.  c  58),  which  had  pre- 
scribed certain  legubir  forms  of  proceeding  for  the 
Censors  in  exercising  their  functions  as  inspectors 
of  Mores,  and  had  required  the  concurrence  of  both 
Censors  to  inflict  the  nota  censoria.  When  a 
senator  had  been  already  convicted  befbra  an  ordi< 
nary  court,  the  lex  permitted  the  Censors  to  re- 
move  him  from  the  senate  in  a  summary  way* 
(Dion  Cass.  xl.  57,  xxxviii.  13;  Cic  pro  Settio^ 
25;  Dig.  50.  tit  16.  s.  203.  De  Portono,) 

CAECI'LIA  DE  VECTIOA'LIBUS  (b.  c 
62),  released  lands  and  harbours  in  Italy  from  the 
payment  of  taxes  and  dues  (portoria).  The  only 
vectigal  remaining  after  the  passing  of  this  lex  was 
the  Vicesima.  (Dion  Cass.xxxvii  51 ;  Cic.  ad  AtL 
ii.  16,  ad  QumLl  10.) 

CAECI'LIA  DI'DIA  (B.a  98),  forimde  the 
proposing  of  a  Lex  Satura,  on  the  ground  that  the 
people  might  be  compelled  either  to  vote  for  some* 
thing  which  they  did  not  approve,  or  to  reject  some* 
thing  which  they  did  approve,  if  it  was  proposed 
to  them  in  this  manner.  This  lex  was  not  always 
operative.  It  also  contained  a  provision  that  Leges 
must  be  promulgated  **  trinis  nundinis  **  before 
they  were  proposed.  (Cic.  Pkil.  v.  3,  pro  Domo^ 
16,  20,  ad  AtL  ii.  9.)  [Lbx  and  Licinia  Junia.] 

CAECI'LIA  Db  P.  Sulla  bt  P.  Autronio 
(Orellii  Onomasticon). 

CAE'LIA  TABELLA'RIA.  [Tabbllarias 
Lbobs.] 

CALI'GULAE    LEX    AORA'RIA«    £Ma* 

MILIA.] 

CALPUHNIA  DE  A'MBITU.  [Ambitus.] 
CALPU'RNIADECONDICTIO'NK  [Pbr 

Ck>NDICTI0NBM.] 

CALPU'RNIA  DE  REPETUNDIS.  [Repb* 

TUMDAB.] 

CANULE'IA  (B.a  445),  established  connu* 
bium  between  the  Patres  and  Pleba,  which  had 
been  taken  away  by  the  law  of  the  Twelve  Tables. 
(Liv.  iv.  1,  4  ;  Cic  de  Rep.  ii.  37.) 

CA'SSIA  (&C.  104),  proposed  by  the  tribune 
L.  Cassius  Longinns,  did  not  allow  a  person  to  re* 
main  a  senator  who  had  been  convicted  in  a  Judi- 
cium Populi,  or  whose  Imperium  had  been  abro- 
gated by  the  populus.  (Ascon.  in  Cic  ComeU 
p.  78,  ed.  OreUi.) 

CA'SSIA  (Tacit ^im.  xi.  25),  which  empowered 
the  Dictator  Caesar  to  add  to  the  number  of  the 
Patricii,  to  prevent  their  extinction.  (Compare 
Sueton.  Com.  41.)  C.  Octavius  was  made  a  pa- 
trician by  this  lex.     (Sneton.  Aug.  2.) 

CA'SSIA  AGRA'RIA,  proposed  by  the  consul 
Sp.  Cassius,  B.  c.  486.  (Liv.  ii.  41 ;  Dionys.  viii. 
76.) 

CA'SSIA  TABELLA'RIA.  [Tabbllarias 
Lbgbs.] 

CA'SSIA  TERE'NTIA  FRUMENTA'RIA 
(b.  c.  73)  for  the  distribution  of  com  among  the 
poor  citizens  and  the  purohasing  of  it  (Ci&  Verr^ 
liL  70,  V.  21.)    [Frumbntariab  Lbob&] 

CIN'CI  A  LEX,  or  MUNERA'LIS.  This  lex 
was  a  plebiscitum  passed  in  the  time  of  the  tribune 
M.  Cincius  Alimentns  (b.  c.  204),  and  entitled  De 
Dome  et  MunerUnu  (Cic.  de  Orat.  ii.  71,  ad  Ati, 
i.  20 ;  Liv.  xxxiv.  4.)  One  provision  of  this  law, 
which  forbade  a  person  to  take  anything  for  his 
pains  in  pleading  a  cause,  is  recorded  by  Tacitus 
(^jm.  xi.  fi)pNe  quii  o6  oaueam  orandam  peamiam 


esG 


LEX  CINCIA. 


doHuntte  acdpiai,  Tn  the  time  of  Angtistos,  the 
lex  Cincia  was  confirmed  by  a  senatiuconsultam 
(Dion  Cass.  lir.  18),  and  a  penalty  of  four  times 
the  sum  received  was  impofted  on  the  advocate. 
This  fact  of  confirmation  will  explain  a  passage  in 
Tacitus  (Ann,  xiiL  42).  The  law  was  so  far  modi- 
fied in  the  time  of  Claudius,  that  an  advocate  was 
allowed  to  receive  ten  sestertia;  if  he  took  any 
•am  beyond  that,  he  was  liable  to  be  prosecuted 
for  repetundae  {repeiundarum  tenebcUur^  Tacit  Ann, 
^  7 ;  see  also  Sueton.  AVro,  17,  and  the  note  in 
Burmann's  edition).  [Rbpbtundab.]  It  appears 
that  this  permission  was  so  far  restricted  in  Tra- 
jan's time,  that  the  fee  could  not  be  paid  till  the 
work  was  done.    (Plin.  Ep,  ▼.  21 ). 

So  far  the  Cincian  law  presents  no  difficulty ; 
Vnt  it  appears  that  the  provisions  of  the  law  were 
not  limited  to  the  case  already  stated.  They  ap- 
plied also  to  gifts  in  general*,  or,  at  least,  there 
were  enactments  which  did  limit  the  amount  of 
what  a  person  could  give,  and  also  required  gifts 
to  be  accompanied  with  certain  formalities ;  and  it 
does  not  seem  possible  to  refer  these  enactments  to 
any  other  than  the  Cincian  Uw.  The  numerous 
contradictions  and  difficulties  which  perplex  this 
subject,  are  perhaps  satisfactorily  reconciled  and 
removed  by  the  following  conjecture  of  Savigny 
(Uefjer  die  Lob  Cincia^  Zeiixkrifi^  &c  iv.)  :  — 
^  Gifts  which  exceeded  a  certain  amount  were  only 
valid  when  made  by  mancipatio,  in  jure  cessio,  or 
hy  tradition :  small  gifts  consequently  were  left  to 
a  person's  free  choice  as  before ;  but  large  gifts 
(except  in  the  caie  of  near  relations)  were  to  be 
accompanied  with  certain  formalities.'^  The  object 
of  the  law,  according  to  Savigny,  was  to  prevent 
^lish  and  hasty  gifts  to  a  large  amount;  and 
consequently  wos  intended  among  other  things  to 
prevent  fraud.  This  was  effected  by  declaring 
that  certain  forms  were  necessary  to  make  the  gift 
valid,  such  as  mancipatio  and  in  jure  cessio,  both 
of  which  required  some  time  and  ceremony,  and  so 
allowed  the  giver  opportunity  to  reflect  on  what 
he  was  doing.  These  forms  also  could  not  be  ob- 
served, except  in  the  presence  of  other  persons, 
which  was  an  additional  security  against  fraud. 
It  is  true  that  this  advantage  was  not  secured  by 
the  law  in  the  case  of  the  most  valuable  things, 
nee  manciple  namely,  money,  for  the  transferring  of 
which  bare  tradition  was  sufficient ;  but,  on  the 
Other  hand,  a  gift  of  a  large  sum  of  ready  money  is 
one  that  people  of  all  gifu  arc  least  likely  to  make. 

Savigny  concludes,  and  principally  from  a  pas- 
sage in  Pliny's  letters  (x.  3),  that  the  Cincian  law 
originally  contained  no  exception  in  favour  of  rela- 
tives; but  that  all  gifts  above  a  certain  amount 
required  the  formalities  already  mentioned.  The 
emperor  Antoninus  Pius  introduced  an  exception  in 
^vour  of  parento  and  children,  and  also  of  near 
collateral  kinsmen.  It  appears  that  this  exception 
was  subsequently  aljolishcd  ((^d.  llcrmog.  vi.  1), 
but  was  restored  by  Constantino  (a.  n.  319)  so  far 
9s  it  was  in  favour  of  parents  and  children ;  and  so 
it  continued  as  long  as  the  provisions  of  the  Cincian 
law  were  in  force. 

As  to  the  amount  beyond  which  the  law  forbade 
a  gift  to  be  made,  except  in  conformity  to  its  pro- 
visions, see  Savigny,  ZeiUehrifi^  &c  iv.  p.  36. 

The  matter  of  the  lex  Cincia  is  also  discussed  in 
an  elaborate  essay  by  Hasse  {RheiniscAet  Museum^ 
1827),  and  it  is  discussed  by  Puchta,  Inst,  vol.ii. 
S  206.    These  examinations  of  the  yibjec^  togc- 


LEGES  COKNELIAE. 

ther  with  the  essay  of  Savigny,  will  furnish  the 
reader  with  all  the  necessary  references  and  no- 
terials  for  investigating  this  snbject 

CliAU'DIA,  a  Lex  passed  in  the  time  of  the 
emperor  (Handius,  took  away  the  agnatonuu  totels 
in  the  case  of  women.     (Gaius,  i.  171.) 

CLAU'DIA  Db  Sbnatoribus,  b.  c  21&  The 
provisions  of  this  Lex  are  stated  by  Livy  (zzu 
63),  and  alluded  to  by  Cicero  (m  Verr.  v.'lS)  sa 
antiquated  and  dead. 

CLAU'DIADBSocii8,acl77.  (Liv.xli.8,9.) 

CLAU'DIA  Db  Sbnatu  cooptando  Hale- 
8XNORUM  (Cic.  m  Verr.  ii.  49). 

CLO'DI  AE,  the  name  of  various  plebiscita,  pro- 
posed by  Clodins  when  tribune,  B.  a  58. 

Clooia  db  Auspiciis,  prevented  the  nngi?- 
tmtus  from  dissolving  the  C^mitia  Tribata,  by 
declaring  that  the  auspices  were  nnfiiToarable. 
This  lex  therefore  repealed  the  Aelia  and  Fa£a. 
It  also  enacted  that  a  lex  mitrht  be  passed  on  the 
Dies  Fasti  (Dion  Ous.  xxxviiL  13;  Cic  ts 
Vatm.  1 7,  til  PisoiB.  4,  5.)     [  Ablia  Lex.] 

Clodia  db  Cbnsoribus.     [Cabcilia.] 

Clodia  db  Civibus  Romanis  Intbrjbmptis, 
to  the  efiect  that  **  qui  civem  Romannm  iadenms- 
tum  interemisset  ei  aqua  et  igni  interdiceretur.** 
(Veil.  Pat  il  45.)  It  was  in  consequence  of  thii 
lex  that  the  interdict  was  pronounced  against  Ci- 
cero, who  considers  the  whole  proceeding  ss  s 
privilegium.  {Fro  Domo,  18,  ftc.  Pod  RediL  n 
Sen.  2.  5,  &c.  ;  Dion  Cass,  xxxviii  14.) 

Clodia  Frumbntaria,  by  which  the  eonif 
which  had  formerly  been  sold  to  the  poor  citizeni 
at  a  low  rate,  was  given.  (Dion  (Taas.  xxxviii  U ; 
Cic.  pro  Domoj  10.)     [Frumbntariab  Legbs.] 

Clodia  db  Soda  lit  atibus  or  db  0>llk61is 
restored  the  Sodalitia  which  had  been  abolished  br 
a  senatusconsultum  of  the  year  a  c  80,  and  per- 
mitted the  formation  of  new  sodalitia.  (Cic  oi 
Pis.  4,  pro  Sett.  25,  ad  AiJL  iiL  15 ;  Dion  Cass. 
xxxviiL  Ts.) 

Clodia  db  Libbrtinorum  Svfpragus  (Cic 
proMiL  12,83). 

Clodla  db  Rbgb  Ptolbmabo  bt  db  sxsu- 
libus  Byzantinis  (VelL  Pat  ii.  45  ;  Cic  pn 
Dom.  8,  20,  pro  Sed.  26  ;  Dion  Cass,  xxxviii  30 ; 
Plut.  Oat,  Afin.  34). 

There  were  other  so-called  Leges  (Mediae,  vMch 
were  however  Privilegia. 

COF/LIA.    [Cablia.] 

COMMISSO'RIA  LEX.  [CoimissoRii 
Lbx.] 

CORNE'LIAE.  Various  leges  passed  in  the 
dictatorship  of  Sulla  and  by  his  influence,  are  lo 
called.    (Liv.  Epit  89.) 

Agraria,  by  which  many  of  the  inhabitants  of 
Etruria  and  Latium  were  deprived  of  the  oinnplet« 
civitas  and  retained  only  the  commercium,  and  » 
laige  part  of  their  lands  were  made  Publicum  and 
given  to  military  colonists.  (Cic  mRtdL  ii-  28, 
iii.  2,  3.) 

Db  CiviTATB.  (Liv.  EpU.  86  ;  Cic  pro  Dom. 
30,  pro  Caecin,  33,  35  ;  Sail.  HitL  Frag,  lib.  1. 
Drat.  Lepidi.) 

De  Falhis.    [Falsum.] 

Db  Injuriis.    [Injuria.] 

JUDICIARIA.      [JUDBX,  p.  650,a.] 

Da   Maoistratibus    (Appian,  Bell  CXv.  i 

1 00,  1 0 1 ),  partly  a  renewal  of  old  Plebisdtt  (Ia^. 

vii.  42,  X.  13). 
Majbstatis.    [Majbstas.] 


LEGES  CORNELIAB. 

NUMUAKIA.      [FaLSUM.] 

Ds  Proscriptionv  st  Proscriptis.     [Pro- 

KRIPTIO.] 

Ds  Protinciis  Ordinandxs  (Cic.  ad  Farn,  L 
9,iTL6,8,  10). 

Dk  Parricidio.  [See  below,  Lbx  ds  Sica- 
riul] 

Db  Rbjrctions  Jvoicum  (Cic.  Verr,  ii.  31  ; 
and  Orellii  OmmuuHeim). 

Db  Rbpktondis  (Cic.  pro  Rabir,  4). 

Db  Sacrrdotiis.     [Sacbrdotia.] 

Db  Sbntbntia  Fbrbnda  (Cic  pro  dutnt, 
re.  20, 27).  This  ^nu  probably  only  a  chapter  in 
a  Lex  Jodidaria. 

Dk  SicARXis  BT  Vbnbpicis.  a  law  of  the 
Tvelve  Tables  contained  some  proTision  as  to 
homicide  (PKn.  H.  N,  zviii.  3),  bat  this  is 
all  that  we  know.  It  is  generally  assumed 
that  the  law  of  Nnroa  Pompilius,  quoted  by  Fes- 
tat  («.  o.  Parid  Qftaestores),  *^  Si  quis  hommem 
libernm  dole  sciens  morti  duit  paricida  esto,**  was 
iiicorpQiated  in  the  TweWe  Tables,  and  is  the  law 
of  homicide  to  which  Pliny  refers  ;  but  this  can- 
not be  proved.  It  is  generally  supposed  that  the 
laws  of  the  Twelve  Tables  contained  provisions 
against  incantationa  (tnahtm  carmen)  and  poison- 
ing, both  of  which  offences  were  also  included 
under  parricidiuni :  the  murderer  of  a  parent  was 
sewed  ap  in  a  sack  (culetu  or  euUnui)  and  thrown 
into  a  river.  It  was  under  the  provisions  of  some 
old  law  that  the  senate  by  a  consultum  ordered  the 
oonaols  P.  Scipio  and  D.  Brutus  (&  c.  138)  to  in- 
quire into  the  murder  in  the  Silva  Scantia  {Sihoa 
Sih,  Cic  Bruhu^  22).  The  lex  Cornelia  de  si- 
cariis  et  venefieis  was  passed  in  the  time  of  the 
dictator  Sulhi,  b.  c.  82.  The  lex  contained  provi- 
sions 88  to  death  or  fire  caused  by  dolus  malus, 
and  against  persons  going  about  anned  with  the 
intention  of  killing  or  thieving.  The  law  not  only 
provided  for  cases  of  poisoning,  but  contained  pro- 
visions against  those  who  niade,  sold,  bought, 
possessed,  or  gave  poison  for  the  purpose  of  poison- 
ing ;  also  against  a  magistratus  or  senator  who 
conspired  in  order  that  a  person  might  be  con> 
demned  in  a  judicium  publicum,  &c  (Compare 
Cic  pro  OneitL  c  54,  with  Dig.  49.  tit  8.)  To 
the  prorisions  of  this  law  was  subsequently  added 
a  senatusoonsultum  against  mala  sacrificia,  other- 
wise called  impia  sacrificia,  the  agents  in  which 
were  brought  within  the  provisions  of  this  lex. 
The  punishment  inflicted  by  the  law  was  the  in- 
terdictio  aquae  et  ignis,  according  to  some  modem 
writers.  Mardan  (Dig.  49.  tit.  8.  s.  8)  says  that 
the  punbhment  was  deportatio  in  inaulam  et 
honomm  ademtio.  These  statements  are  recon- 
eilable  when  we  consider  that  the  deportatio  under 
the  emperors  took  the  place  of  the  interdictio,  and 
the  expression  in  the  Digest  was  suited  to  the 
times  of  the  writers  or  the  compilers.  Besides, 
it  appears  that  the  lex  was  modified  by  various 
senntiiaeonsulta  and  imperial  rescripts. 

The  Lex  Pompeia  de  Parricidiis,  passed  in  the 
time  of  Cn.  Pompeius,  extended  the  crime  of  par- 
ricide to  the  killing  (dolo  malo)  of  a  brother,  sister, 
onde,  aunt,  and  many  other  reUitions  enumerated 
by  Marcianus  (Dig.  49.  tit  9.  s.  i) ;  this  enumera- 
tion also  comprises  vitricus,  noverca,  privignus,  pri- 
Tigna,  patronus,  patrona,  an  avus  who  killed  a 
ncpos,  and  a  mother  who  killed  a  filius  or  filia  ; 
I'Ot  it  did  not  extend  to  a  father.  All  privies  to 
the  crime  were  abo  punished  by  the  Uw,  and 


LEGFS  CORNELUE. 


687 


attempts  at  the  crime  also  came  within  its  pro- 
visions. The  punishment  was  the  same  as  that 
affixed  by  the  lex  Cornelia  de  sicariis  (Dig.  L  c), 
by  which  must  be  meant  the  same  punishment 
that  the  lex  Cornelia  affixed  to  crimes  of  the  same 
kind.  He  who  killed  a  £sither  or  mother,  gnuid« 
&ther  or  grandmother,  was  punished  (more  majo- 
rum)  by 'being  whipped  till  he  bled,  sewn  up  in  a 
sack  with  a  dog,  cock,  viper,  and  ape,  and  thrown 
into  the  sea,  if  the  sea  was  at  hand,  and  if  not,  by 
a  constitution  of  Hadrian,  he  was  exposed  to  wild 
beasts,  or,  in  the  time  of  Paulus,  to  be  burnt  The 
ape  would  appear  to  be  a  late  addition.  The  ronr- 
dererft  of  a  father,  mother,  grandfather,  grand- 
mother only  were  punished  in  this  manner  (Mo< 
dest  Dig.  49.  tit  9.  s.  9)  ;  other  parricides  wer» 
simply  put  to  death.  From  this  it  is  clear  that  the 
lex  Cornelia  contained  a  provision  against  parri^ 
cide,  if  we  are  rightly  informed  as  to  the  provisions 
de  sicariis  et  veneficis,  unless  there  was  a  sepamto 
Cornelia  lex  de  parricidiis.  As  already  observed, 
the  provisions  of  those  two  l^ges  were  modified  in 
various  vtrays  under  the  emperors. 

It  appears  from  the  law  of  Numa,  quoted  by 
Festus  (s.  V,  Parid  Quaest€ire9\  that  a  parricidia 
was  any  one  who  killed  another  dolo  malo.  Cicero 
{^pro  Rose  Am,  c  25)  appears  to  use  the  word  in 
its  limited  sense,  as  he  speaks  of  the  punishment 
of  the  cullens.  In  this  limited  sense  thero  seems 
no  impropriety  in  Catilina  being  called  parricida,. 
with  reference  to  his  country ;  and  the  day  of 
the  dictator  Caesar^s  death  might  be  called  a  parri- 
cidium,  considering  the  cireumstances  under  which 
the  name  was  given.  (Suet  Ca»f,  c  88.)  If  the 
original  meaning  of  parricida  be  what  Festus  says,  it 
may  be  doubted  if  the  etymology  of  the  word  (pater 
and  caedo)  is  correct ;  for  it  appears  that  paricida  or 
parricida  meant  murderer  generally,  and  afterwards 
the  murderer  of  certain  persons  in  a  near  relation- 
ship. If  the  word  was  originally  patricida,  the  law 
intended  to  make  all  malicious  killing  as  great  an 
offence  as  parricide,  though  it  would  appear  that 
parricide,  properly  so  call«l,  was,  from  the  time  of 
the  Twelve  Tables  at  least,  specially  punished  with 
the  culleus,  and  other  murders  were  not  (Dig. 
49.  tit  8,  9;  Paulus,  Reoept,  SenienL  v.  tit 
24  ;  Dirksen,  Uebernekty  ilx,  def  Ztvolfia/e^fe8etze» 
Leipzig.) 

SUMTUARIAB.      [SUWTUARIAB   LbGBS.] 

Testambntaria.     [Falsum.] 

Tribunicia,  which  diminished  the  power  of  the 
Tribuni  Plebis.  (Veil  Pat  ii.  30 ;  Appian,  Bell, 
Civ.  ii.  29 ;  Caes.  BelL  Civ.  i.  7.) 

Unci  ARIA,  appears  to  have  been  a  lex  which 
lowered  the  rate  of  interest,  and  to  have  been 
passed  about  the  same  time  with  the  Leges  Sum- 
tuariae  of  Sulla.     (Festus,  s.  v.  Unciaria.) 

Db  Vadimonio.     [Vadimonium.] 

Db  Vi  Publica.     [Vis  Publica.] 

There  were  other  Leges  Comeliae,  such  as  that 
de  Sponsoribus  [Intbrcbs81o],  which  may  bo 
Leges  of  L.  Cornelius  Sulla. 

There  were  also  Leges  Comeliae  which  were 
proposed  by  the  Tribune  C  Cornelius  about  B.  a 
67,  and  limited  the  Edictal  power  by  compelling 
the  Praetors  Jus  dicere  ex  edictis  suis  perpetuis. 
(Ascon.  in  Cic  ComeL  p.  58  ;  Dion  Cass,  xxxvi 
23.)    [Edictum.] 

Another  Lex  of  the  same  Tribune  enacted  that 
no  one  *^  legibus  solveretur,**  unless  such  a  measure 
was  «igreed  on  in  a  meeting  of  the  Senate  at  which 


ess  LEX  DUODECIM  TABULARUM. 

two  hondred  memben  were  present  and  after- 
wards approTed  by  the  people  ;  and  it  enacted  that 
no  Tribnne  should  put  his  veto  on  such  a  Sena- 
tnsconsnltum.     (Ascon.  m  de,  Corwd.  pp.  57, 58.) 

There  was  also  a  Lex  Cornelia  concerning  the 
wills  of  those  Roman  citizens  who  died  in  cap- 
tivity (o^  Aostas).  [Lkoatum,  PL  676,  b;  Post- 
liminium.] 

CORNE'LIA  Di  Novn  Tabbllis,  proposed 
by  the  Tribnne  P.  Cornelius  Dolabelhi,  B.C.  47,  and 
opposed  by  M.  Antonina,  Magister  Equitnm.  (Liv. 
EpU.  113;  Dion  Cass.  xlii.  32;  Plut  Anton.9,) 

CORNE'LIA  ET  CAECI'LIA  Db  Cn.  Pom- 
rsio,  B.  c.  57,  gave  Cn.  Pompeius  the  snperiBtend- 
ence  over  the  Res  Frumentaria  for  five  years,  with 
extraordinaiy  powers.  (Cic.  ad  AtL  iv.  1 ;  Liv. 
EpU.  104 ;  Dion  Cass,  xxxix.  9  ;  Plut.  Pootp, 
49.)    [Fbumbntariab  Lbobs.] 

CURIATA    LEX  Db   Impbbio.      [Impb- 

RIUM.] 

CURIATA  LEX  Db  Adoptionb.  [Adop- 
Tio ;  and  Oell.  v.  19 ;  Cic  ad  AtL  iL  7 ;  Sueton. 
Atiff.  65 ;  Tant  HitL  I  15.] 

CORNE'LIA  BAEOBIA  DE  AMBITU,  pro- 

r»d  by  the  consult  P.  Cornelius  Cethegus  and 
Baebius  Tamphilns,  B.a  181.  (Liv.  xl.  19  ; 
Schol.  Bob.  in  Cic,  pro  SuUa^  p.  361,  ed.  Orelll) 
Thb  law  is  sometimes,  but  erroneously,  attributed 
to  the  consuls  of  the  preceding  year,  L.  Aemilius 
and  Cn.  Baebius.    [Ambitus.] 

DECEMVIRA'LIS.     [Lbz  Duodbcik  Ta- 

fiULARUM.] 

DECIA  DB  DUUMVTRIS  NAVALlBUfi  (Liv.  ix. 
30  ;  see  Atilia  Marcia). 

DI'DIA.    [Sumtuariab  Lbobs.] 

DOMITIA  DE  SACERDOTIIS.  [Sacbr- 
1>otia.] 

DUrLIA  (b.  c.  449),  a  plebiscitum  proposed  by 
the  Tribune  Duilios,  which  enacted  **  qui  plebem 
sine  tribunis  reliquisset,  quique  magistratum  sine 
provocatione  creasset,  tergo  ac  capite  punirctur.** 
(Liv.iit.  55.) 

DUI'LIA  MAE'NIA  Db  Unciario  Fobnorb 
B.C.357.    (Liv.  il  16,  19.) 

The  same  tribunes  Duilius  and  Maenius  carried 
r  measure  which  was  intended  in  fiiture  to  prevent 
such  unconstitutional  proceedings  as  the  enactment 
of  a  Lex  by  the  soldiers  out  of  Rome,  on  the  pro- 
posal of  the  Onsul.     (Liv.  vii.  16.) 

DUO'DECIM  TABULA'RUM.  In  the  year 
B.C.  462  the  Tribune  C.  Terentilius  Araa  pro- 
posed a  rogation  that  five  men  should  be  ap- 
pointed for  the  purpose  of  preparing  a  set  of  laws 
to  limit  the  Imperium  of  the  consuls.  (Liv.  iii.  9.) 
The  Patricians  opposed  the  measure,  but  it  was 
brought  forward  by  the  tribunes  in  the  following 
year  with  some  modifications:  the  new  rogation 
proposed  that  ten  men  should  be  appointed  (legum 
latores)  from  the  plebs  and  the  patricii,  who  were 
to  make  laws  for  the  advantage  of  both  classes,  and 
for  the  **  equalizing  of  liberty,"  a  phrase  the  im- 
port of  which  can  only  be  understood  by  reference 
to  the  disputes  between  the  two  cUisses.  (Liv.  il 
10 ;  Dionys.  x.  3.)  According  to  Dionysius  (x. 
52,  54)  in  the  year  b.c.  454  the  Senate  assented 
to  a  Plebiscitum,  pursuant  to  which  commissioners 
were  to  be  sent  to  Athens  and  the  Greek  cities 
generally,  in  order  to  make  themselves  acquainted 
with  their  laws.  Three  commissioners  were  ap- 
pointed for  the  purpose.  On  Uie  return  of  the 
conunissiouers,  B.c.  452,  it  was  agreed  that  persons 


LEX  DUODECIM  TABULARUIC 

should  be  appointed  to  draw  up  the  code  of  laws 
(decemviri  Legibus  scribundis),  but  they  were  to 
be  chosen  only  finom  the  Patricians,  with  a  prori* 
sion  that  the  rights  of  the  Plebeians  should  be 
respected  by  the  decemviri  in  drawing  op  the 
laws.  (Liv.  iil  32,  &c)  In  the  fiiUowing  year 
(B.a  451)  the  Decemviri  were  appointed  in  the 
Comitia  Centoriata,  and  during  the  time  of  their 
office  no  other  magistzatus  were  chosen.  The  body 
consisted  of  ten  Patricians,  including  the  three 
commissioners  who  had  been  sent  abroad :  Appios 
Claudius,  Consul  designatns,  was  at  the  head  of  the 
body.  The  Ten  took  the  administration  of  afEun 
in  turn,  and  the  Insignia  of  office  were  only  used 
by  him  who  for  the  time  being  directed  the  ad- 
ministration. (Liv.  iii  33.)  Ten  Tables  of  Laws 
were  prepared  during  the  year,  and  after  being 
approved  by  the  Senate  were  confirmed  by  the 
Comitia  Centnriata.  As  it  was  considered  that 
some  further  Laws  were  wanted,  Deoenrviri  were 
again  elected  b.c.  450,  consisting  of  Appios  Cbn- 
dius  and  his  firiends:  but  the  second  body  of 
Decemviri  comprised  three  plebeians,  according  to 
Dionysius  (x.  58),  but  Livy  (iv.  3)  qwaks  only  of 
Patricians.  Two  more  Tables  were  added  by 
these  Decemviri,  which  Cicero  {de  lUpmb^  ii.  37) 
calls  **  Duae  tabulae  iniquamm  legum.*'  The  pro- 
vision which  allowed  no  oonnubium  between  the 
Patres  and  the  Plebs  is  referred  to  the  Eierenth 
Table.  (Dirksen,  Uebenidil,  &&,  p.  740.)  The 
whole  Twelve  Tables  were  first  published  in  the 
consulship  of  L.  Valerius  and  M.  Hoiatius  nlbjer 
the  downjhll  of  the  Decemviri,  b.  &  449.  (Liv.  iii. 
54,  57.)  This  the  first  attempt  to  make  a  code 
remained  also  the  only  attempt  for  near  one  thou- 
sand years,  until  the  legisUtion  of  Justiniao.  The 
Twelve  Tables  are  mentioned  by  the  Ronuoi 
writers  under  a  great  variety  of  names :  Lege*  D^ 
OBmmraJMy  Lex  DeeemvirtUis^  Lega  XII^Lmb  XIL 
tahularam  or  Dttodeeim^  and  sometimes  they  are 
referred  to  under  the  names  of  LefftB  and  Let 
simply,  as  being  pre  •eminently  The  Law. 

The  Laws  were  cut  on  bronze  tablets  and  put 
up  in  a  public  pbice.  (Liv.  iiL  57 ;  Diod.  ziL  56L) 
Pomponius  (Dig.  1.  tit  3.  s.  2.  §  4)  states  that  the 
first  Ten  Tables  were  on  ivory  (toMas  eioreae) : 
a  note  of  Zimmem  (Cfe9ck  ties  Rom,  Frioaireckt^ 
vol.i.  p  101)  contains  references  to  various  autho- 
rities which  treat  of  this  disputed  matter.  After 
the  bnraing  of  the  city  by  the  (3agls  (Liv.  Ti.  1), 
an  order  was  made  to  collect  the  old  foedera  and 
leges  ;  for,  as  it  has  been  well  remarked,  Uvy's 
words,  which  are  supposed  to  imply  that  the 
Twelve  Tables  were  lost,  and  restored  or  xecon- 
strueted,  may  just  as  well  mean  that  they  were 
not  lost.  Indeed,  the  jaster  interpretation  of  the 
passage  is,  that  thev  wei-e  looked  for  and  were 
found.  However  this  may  be,  neither  the  Romans 
of  the  age  of  Cicero  nor  at  any  time  afVer  had 
any  doubt  as  to  the  genuineness  of  the  coUecUoa 
which  then  existed. 

The  legislation  of  the  Twelve  Tables  has  been  a 
fimitfiil  matter  of  speculation  and  inquiry  to  modem 
historians  and  jurists,  who  have  often  handled  the 
subject  in  the  most  uncritical  manner  and  with 
utter  disregard  to  the  evidence.  As  to  the  mis- 
sion to  the  Greek  dties,  the  fiict  rests  on  as  much 
and  as  good  evidence  as  most  other  fivts  of  the 
same  age,  and  there  is  nothmg  in  it  improbable, 
though  we  do  not  know  what  the  oommissionen 
bmught  back  with  thenu    It  is  farther  said  that 


LEX  DUODECIM  TABULARUM. 

Henoodoms  va  Ephesian  exile  aided  the  Decem- 
viri in  drawing  op  the  Twelve  Tablet,  though  his 
•r"***^  w<ndd  prohablj  be  confined  to  the  inter- 
pretation of  Greek  lawa,  as  it  has  been  suggested 
(Stzabo,  p.  642,  Casanb. ;  Pompon,  de  Orig.  Jwris^ 
IXg.  1.  tit  2.  ■.  2.  §  4).  This  trodhion  was  oon- 
inoed  bj  the  fiict  of  a  statae  having  been  erected 
in  the  Comitimn  at  Rome  in  memory  of  Henno- 
denis:  bat  it  did  not  exist  in  the  time  of  Pliny. 
(Pltn.^.iV:zxxiT.  5.) 

The  Twelve  Tables  contained  matters  relating 
b(»th  to  the  Jos  Pnblicnm  and  the  Jna  Privatum 
[fim  fiMei  prwatiqitB  jmtm,  Liv.  iii  34).  The 
Jul  Pahticom  miderwent  great  changes  in  the 
eoone  of  years,  but  the  Jus  Privatum  of  the  Twelve 
Tables  continued  to  be  the  fundamental  law  of  the 
Ronan  State.  Cicero  speaks  of  learning  the  laws 
of  tlK  Twelve  Tables  {jA  catrmm  mommntim)  when 
a  boy  {dt  Leg.  ii  4,  23)  ;  but  he  adds  that  this 
pcactiee  had  fidlcn  into  disuse  when  he  wrote,  the 
Edict  having  then  become  of  more  importance. 
But  this  doea  not  mean  that  the  fundamental  prin- 
riples  of  the  Twelve  Tables  were  ever  formally 
repealed,  but  that  the  Jus  Honorarium  grew  up 
by  the  side  of  them  and  mitigated  their  rigour  ot 
•opplied  their  defecta,  There  is  indeed  an  instance 
in  which  positive  legislation  interfered  with  them, 
by  the  abolition  of  the  Legis  actiones ;  but  the 
Twelve  Tables  themselves  were  never  repealed. 
They  became  the  foundation  of  the  Jus  Civile ; 
and  they  continued  to  exist  together  with  the  un- 
written Law.  The  Law  which  grew  up  in  the 
eoone  of  time  existed  in  harmony  with  the  Twelve 
Tables,  and  was  a  development  of  their  fundamental 
principles.  It  is  a  remarkable  circumstance  in  the 
bistoiy  of  Roman  Law  and  a  proof  of  the  practical 
skill  of  the  Romans,  that  long  before  Juiispradenoe 
was  a  science,  the  doctrine  of  Saccessio  per  Uni- 
venitatem  was  so  eompletely  and  accurately  stated 
in  the  Law  of  the  Twelve  Tables,  that  the  Jurists 
of  tbe  best  period  could  find  nothing  to  improve. 
(Cod.  Sw  tit  36.  s.  6;  10.tit2.  s.25.  §  d.  13  ;  4. 
tit  16.  a  7 ;  2.  tit.  a  s.  26  ;  Savigny's  j^u^em, 
&c  L  p.  383.)  The  Roman  writers  speak  in  high 
terms  (rf  the  precision  of  the  enactments  contained 
in  the  Twelve  Tables,  and  of  the  propriety  of 
the  Isqgoage  in  ^ich  they  were  expressed.  (Cic 
ie  Rep,  iv.  8  ;  Diodor.  xii  26.)  That  many  of 
their  prorisions  should  have  become  obscure  in 
the  coune  of  time,  owing  to  the  chan^  which 
hugoage  undergoes,  is  nothing  surprismg;  nor 
can  we  wonder  if  the  strictness  of  the  dd  hiw 
•boald  often  have  seemed  unnecessarily  harsh  in  a 
later  age.  (Gell.  xvi  10.)  So  far  as  we  can  form 
a  jodgment  by  the  few  fragments  which  remain, 
the  enactments  were  expressed  with  great  brevity 
and  archaic  simplicity. 

Seztus  AeliuA  Paetns  Catns  in  his  Tripartita 
commented  on  the  Twelve  Tables,  and  the  work 
existed  in  the  time  of  Pomponins.  [Jus  Aklia- 
NOM.]  Antistius  Labeo  also  wrote  a  comment  on 
the  Tables,  which  is  mentioned  several  times  by 
Gellins.  (i.  12,  vii  15,  xx.  1.)  Gains  also  wrote 
a  Comment  on  the  Tables  in  six  books  {ad  legan 
XII.  toftv&irKm),  twenty  firagments  of  which  are 
contained  in  the  Digest,  and  collected  by  Hom- 
oielini  in  his  Palingenesia.  (l  117.)  There  were 
also  other  commentaries  or  exphmations  of  the 
Lavs  of  the  Twelve  Tables.  (Cic.  de  Leg,  il  23, 
25.) 

The  notion  which  has  sometimes  been  enter- 


LEX  DUODECIM  TABULARUM.  60D 
tamed  that  the  Twelve  Tables  contained  a  body 
of  rules  of  law  entirely  new,  is  not  supported  by 
any  evidence,  and  is  inconsistent  with  all  that  we 
know  of  them  and  of  Roman  institutions.  It  is 
more  reasonable  to  suppose  that  they  fixed  in  a 
written  form  a  huge  body  of  customary  law,  which 
would  be  a  benefit  to  the  Plebeians,  inasmuch  as 
the  Patricians  were  the  expounders  of  the  law ; 
and  it  would  be  to  the  Patricians  a  better  security 
for  their  privileges.  One  of  the  two  last  tables  con- 
tained a  provision  which  allowed  no  Connubium  be- 
tween Patricians  and  Plebeians ;  but  it  is  uncertain 
wheth»  this  was  a  new  rule  of  hiw,or  a  confirmation 
of  an  jold  rule.  The  latter  seems  the  more  probable 
supposition ;  but  in  either  case  it  is  dear  that  it 
was  not  one  of  the  objects  of  this  legislation  to 
put  the  two  classes  on  the  same  footing.  Modem 
writers  often  speak  inaccurately  of  the  Decemviral 
legisUition,  and  of  the  Decemviri  as  enacting  Laws, 
as  if  the  Decemviri  had  exercised  sovereign  power ; 
but  they  did  not  even  afiect  to  legiaUtte  abso- 
lutely, for  the  Ten  Tables  were  confirmed  by  the 
Comitia  Centuriata,  or  the  sovereign  people,  or,  as 
Niebuhr  expresses  it,  **"  when  the  Decemviri  had 
satisfied  every  objection  they  deemed  reasonable, 
and  their  work  was  approved  by  the  Senate,  they 
brought  it  before  the  Centuries,  whose  assent  was 
ratified  by  the  Curies,  under  the  presidency  of 
the  colleges  of  priests  and  the  sanction  of  happv 
auspices.'*  (Vol  il  p.  313.)  The  two  new  Tables 
were  confirmed  in  the  same  way,  as  we  may  safoly 
conclude  from  the  circumstances  of  the  case.  (Liv. 
il  37,  57.)  It  makes  no  difference  that  the 
Sovereign  people  did  not  vote  on  the  several 
laws  included  in  the  Tables :  such  a  mode  of  le- 
gishition  would  have  been  impracticable,  and, 
as  Niebuhr  observes,  was  not  conformable  to  the 
usage  of  ancient  Commonwealths.  How  for  the 
Decemviri  really  were  able,  by  intrigue  or  other- 
wise, to  carry  such  particular  measures  as  they 
wished  to  insert  in  the  Tables,  is  a  different  ques- 
tion: but  in  form  their  so-caJled  legislation  wns 
confirmed,  as  a  whole,  by  the  sovereign,  that  is, 
the  Roman  people,  and  consequently  the  Decemviri 
are  improperly  called  Legislators:  they  might  be 
called  code-makers. 

It  is  consistent  with  the  aasumpUon  that  the 
Twelve  Tables  had  mainly  for  their  object  the  em- 
bodying of  the  customary  law  in  writing,  to  admit 
that  some  provisions  were  also  introdiiced  from 
the  kws  of  other  states.  Indeed,  where  the  Roman 
law  was  imperfect,  the  readiest  mode  of  supplying 
the  defects  would  be  by  adopting  the  rules  of  law 
that  bad  been  approved  by  experience  among  other 
people,  and  were  capable  of  being  easily  adapted  to 
the  Roman  system.  Oaius,  in  his  Commentary  on 
the  Twelve  Tables,  where  he  is  speaking  of  Collegia 
(Dig.  47.  tit  22.  s.  4),  says,  that  the  members  of 
0>llegia  may  make  what  terms  they  please  among 
themselves,  if  they  thereby  violate  no  Publica  Lex ; 
and  he  adds,  this  Lex  seems  to  be  taken  finm  one 
of  Solon^  which  he  quotes.  And  in  another  pas* 
sage,  when  he  is  speaking  of  the  Actio  finium  rc- 
gundorum  (Dig.  10.  tit  1.  s.  13),  he  refers  to  a  law 
of  Solon  as  the  source  of  certain  rules  as  to  boun- 
daries. (See  also  Cicero,  de  Leg.  ii.  25.)  It  is  a 
possible  case  that  the  RMuans  had  no  written  law 
before  the  enactment  of  the  Twelve  Tables,  except 
a  few  Leges,  and  if  this  is  so,  the  prudence  of 
applying  to  those  states  which  had  bodies  cf 
written  biw,  if  it  were  only  as  samples  and  pat- 

Y  Y 


690 


LEX  GABINIA. 


tarns  of  the  fonn  of  written  law,  u  obvious.  How* 
eTor,  what  was  actnaUy  receiTcd  of  foreiffn  h&w 
could  not  be  more  than  a  few  roles  of  an  aroitnry 
nature,  which  in  no  way  depend  on  the  peculiar 
system  of  law  of  any  country.  The  Jus  Priva- 
tum W9S  hardly  and  indeed  oocdd  hardly  be  affected 
by  any  rules  of  foreign  law ;  and  as  to  resembhince 
between  Roman  Law  and  the  Law  of  any  Greek 
states,  that  is  uo  ground  for  a  conclusion  that  the 
Roman  rules  are  derived  from  the  Greek. 

The  fragments  of  the  Twelve  Tables  have  often 
been  collected,  but  the  most  complete  essay  on  their 
history,  and  on  the  critical  labours  of  scholan  and 
jurists,  is  by  Dirksen,  Vebsnieht  d&r  UAer^m  Ver- 
sucfte  xur  KriHk  und  HwsUUuttg  det  Textet  der 
Zvfolf-Tafd-FraffmaUBy  Leipsig,  1824.  Zimmem^s 
GetehichU,  &c  contains  references  to  all  the  au- 
thorities on  this  subject ;  and  Puchta^s  InttHtiHonen^ 
Slc.  i.  §  54, 55,  73,  78,  some  valuable  remarks  on 
them. 

FA'BIA  DE  PLA'GIO.    [Plagium.] 

FA'BIA  Di  NuMERO  Skjtatorum  {Cic  pro 
MurenOy  34). 

FALCrDIA.    [Ltoatum.] 

FA'NNIA.      [SUMTUARIAI  LBGB&] 

FA'NNIA.     [JuNiA  DB  Pbrbgrinis.] 

FLAMPNIA,  was  an  Agraria  Lex  for  the 
distribution  of  lands  in  Picenum,  proposed  by  the 
tribune  C.  Flaroinius,  in  u.  c.  228  according  to 
Cicero,  or  in  b.  c.  232  according  to  Polybius.  The 
latter  date  is  the  more  probable.  (Cic.  Aead,  ii.  5, 
deSenecL  4  ;  Polyb.  ii.  21.) 

FLA'VIA  AGRA'RIA,  B.  c.  60,  for  the  dis- 
tribution of  lands  among  Pompeius*  soldiers,  pro- 
posed by  the  Tribune  L.  Flavins,  who  committed 
the  Consul  Caecilius  Metellus  to  prison  for  op- 
posing it  (Cic  ad  Att,  i.  18,  19  ;  Dion  Cass, 
zxxvii.  50.) 

FRUMENTA'RIAE.  [Frumbntariab 
Lbgks.] 

FU'FIA.     [Ablia.] 

FU'FIA  DE  RELIGIO'NE,  b.  c  61,  was  a 
priviiegiom  which  related  to  the  trial  of  Clodius. 
{C\c.  ad  Au.i.  13,16.) 

FU'FIA  JUDICIA'RIA.  [Jddbx,  p.  650,  a., 
and  the  remarks  in  Orellii  OnomasUetm.'] 

FU'RIA  or  FU'SIA  CANI'NIA,  limited  the 
number  of  slaves  to  be  manumitted  by  testament 
[Manumissio.] 

FU'RIA  DE  FENORE  (Gains,  iii  122). 

FU'RIA  DE  SPONSORIBUS.   [Intbrcbs- 

810.] 

FU'RIA  or  FUSIA  TESTAMENTA'RIA. 
[Lbgatum.] 
GABI'NIA     TABELLA'RIA.     [Tabblla- 

RXAB.] 

There  were  various  Gabiniae  Leges,  some  of 
which  were  Privitegia,  as  that  (b.  c.  67).  for  con- 
ferring extraordinary  power  on  Cn.  Pompeius  for 
conducting  the  war  against  the  pirates.  (Cic.  pro 
Lege  MamL  17  ;  Veil.  Pat  ii.  31  ;  Dion  Cass, 
xxxvi.  6  :  Plut  Pomp,  25.) 

A  (Hbmia  Lex,  b.  c.  58,  forbade  all  loans  of 
money  at  Rome  to  legationes  from  foreign  parts 
{Soiamimi  cum  Romae  vtrturam  /hoere  vdlatt,  non 
poterant^  quod  Leae  Gabinia  tietabai^  Cic.  ad  AtL  v. 
21,  vi.  1,2).  The  object  of  the  lex  was  to  pre- 
vent money  being  borrowed  for  the  purpose  of 
bribing  the  senators  at  Rome.  There  was  a  Lex 
Oabinia  intitled  De  Senatu  legatis  dando  (Cic.  ad 
Q./5V.  ii  13). 


LEGES  JULIAE. 

GEXLI A  CORNE'LIA,  b.  a  72,  whidi  gave 
to  Cn.  Pompeius  the  extraoidinaiy  power  of  con- 
ferring the  Roman  civitas  on  Spaniards  in  Spain, 
with  the  advice  of  his  eoosilinm  (ilt  cauSm  job- 
tmHa,  Cic  pro  Baib.  8,  14). 

GENU'CIA,  &  G.  341,  forbade  altogether  the 
taking  of  interest  for  the  use  of  money.    (Liv.  viL 
42.)    It  is  oonjectoxed  that  Appian  (ML  On.  L 
54)  alludes  to  this  law  (Oiellii  OmamaMeom). 
Other  Plebiscita  of  the  same  year  are  mentioned 
by  Livy  (vii.  42). 
GALLIAE  CISALPrNAE.     [Rubua.] 
HIERCNICA    was  not  a  Lex  propetly  so 
called.    Before  the  Roman  conquest  of  Sidly,  tB« 
payment  of  the  tenths  of  wine,  oil,  and  other  pro- 
duce had  been  fixed  by  Hiero,  and  the  Roman 
quaeston,  in  letting  these  tenths  to  fiun,  followed 
Uie  practice  which  they  ^nmd  established.     (Cic 
Verr.  ii.  13,  26,  60,  iii  6,  Ac) 
HI'RTI A  Db  Pompbianis  (Cic  Phd.  xiii  16.) 
HORA'TIA,  propoKd  by  M.  Hocatins,  usde 
the  persons  of  the  Tribunes,  the  Aedilea,  and  others 
sacrosanctL    (Lir.  iiL  55.)    [Valxuab  bt  Ho- 

RATIAB.] 

Another  Lex  Horatia  mentioned  by  OeUios 
(vi.  7)  was  a  privileginnL 
HORTE'NSIA  DE  PLEBISCI'TIS.    [Plx- 

BI8C1TUM;   PUBLILIAB  LboBS.] 

Another  Lex  Hortensia  enacted  that  the  nnn- 
dinae,  which  had  hitherto  been  Feriae,  should  be 
Dies  FastL  This  was  done  for  the  poipose  of  ac- 
commodating the  inhabitants  of  the  coontiy. 
(Macrob.  i.  16  ;  Plin.  H,  AT.  xviii.  3.) 

HOSTPLIA  DE  FURTIS  is  mentioned  oalj 
in  the  Institutes  of  Justinian  (iv.  tit  10). 

ICI'LIA,  intitled  by  Livy,  De  Arentino  Pub- 
licando,  was  proposed  by  L.  Icilius,  tr.  |^  b.  c. 
456.  As  to  the  object  of  this  Lex,  see  the  passages 
which  are  here  referred  to  ;  and  particnlariy  Dio- 
nysius,  and  the  article  Sopbrficibs.  (Lit.  iiL  31, 
32  ;  Dionys.  x.  32,  33  ;  Niebuhr,  HisL  ^  Rame^ 
il  pi  301  ;  Puchta,  ItuL  ii.  §  244.) 

Another  Lex  Icilia,  propoied  by  the  Tribune  Sp. 
Icilius  B.  G.  471,  had  for  its  object  to  prevent  all 
interruption  to  the  Tribunes  while  they  were  ad- 
dressmg  the  Plebs.  In  some  cases  the  penalty 
was  death.  (Dionys.  vii.  17 ;  Cic  pro  Se$tioy 
37  ;  Niebuhr,  ii.  p.  231.) 

JU'LIAE,  l^ges,  most  of  which  were 
the  time  of  C.  Julius  Caesar  and  Angustoa. 

Db  ADULTBRn&      [AnULTBRmM.] 

Agraria  is  referred  to  by  Suetonios  (Jul, 
Caaaary  c  20),  and  in  the  Digest,  De  Termiao 
Moto  (47.  tit  21).  But  the  lex  of  C.  Caesar,  re- 
fened  to  in  the  Digest,  is  probably  a  lex  of  Cali- 
gula. The  Agraria  lex  of  Uie  dictator  Caesar  was 
passed  &  a  59,  when  he  was  consul.  (Dion  Cass. 
xxxviiL  I — 7,  &c  ;  Appian,  BdL  Civ,  ii.  10 ; 
Veil.  Pat  il  44  ;  Cic  PhiL  ii  39,  ad  AtL  il 
16,  18  ;  Rudorfi;  Lex  MamUia  de  Ooiomiis,  2Sni- 
sdtrift,  vol  ix.) 
Db  Ambftu.  [Ambitu&I 
Db  Annona.  (Dig.  48.  tit  1.  a."!.) 
Db  Bonis  Cbdbndis.  This  lex  provided  that 
a  debtor  might  escape  all  personal  molestation  from 
his  creditors  by  giving  up  his  property  to  them  for 
the  purpose  of  s^e  and  distribution.  (Gains,  iiL 
78.)  It  is  doubtful  if  this  lex  was  passed  in  the 
time  of  Julius  Caesar  or  of  Augustus,  thongh  pro- 
bably of  the  former.  (Caeiar,  BeiL  Ch.  iiL  1 ; 
Sneton.  Ows.    42 ;  Tacit  Aim,  vl   16  ;   Dion 


LEQRS  JULIAS. 

Cm.  Will  21.)  The  benefichini  of  tbe  lex  wu 
extended  to  the  pioTincei  by  the  imperiel  consti- 
tntkoa.     (God.  7.  tit.  71.  s.  4.) 

Cadccakia  is  the  nme  as  the  Lix  Julia  dk 
Papia  Poppaba. 

Db  Caboi  bt  Vsnbficio  (SuetoD.  Nero^ 
c  33);  perii^t  the  nme  at  the  Lex  De  Vi  Pob- 
Ika. 

Db  Cititatb,  wag  passed  in  the  consulship  of 
L.  Julius  Caesar  and  P.  RutaUus  Lupus,  a.  a 
9Cl    [Civitas  ;  Foxdbratab  Civitatbs.] 

Db  Fbnobb,  or  rather  De  Pecuniis  Mutuis  or 
Cieditis  (b.  a  47),  passed  in  the  time  of  Julias 
Caesar  (Sneton.  Caas.  c  42  ;  Caesar,  de  BelL  ChnL 
in.  1).  The  object  of  it  was  to  make  an  onange* 
ment  between  debtors  and  creditors,  for  the  satis- 
frctioD  of  the  latter.  The  possessiones  and  res 
were  to  be  estimated  at  the  ralue  whieh  thej  had 
before  the  ciTil  war,  and  to  be  sunendered  to  the 
crediUHs  at  that  value  $  whatever  had  been  paid 
fisr  ioterest  was  to  be  deducted  from  the  principaL 
The  result  was  that  the  creditor  lost  about  one- 
fourth  of  his  debt;  but  he  escaped  the  loss, 
ttsoslljr  consequent  on  civil  disturbance,  which 
wosid  have  been  caused  by  Novae  Tabuhie.  (Com- 
paie  Caesar,  </s  Bell.  Civ,  iiL  1,  with  Sueton. 
Cact.c.  42.)  A  passase  of  Tacitus  (^wi.  vi  16) 
is  sometimes  considered  as  referring  to  this  lex,  and 
•omctimes  to  the  Lex  de  Bonis  Cedendis  ;  but  it 
does  not  seem  to  refer  to  either  of  them.  The 
{jsuage  of  Dion  Cassias  (Iviii  21.  Tlt/A  fSnr 
nfiMoXedrnf)  seems  to  refer  to  this  Lex  de  Mutuis 
Peeoniis. 

Db  Fundo  Dotall  The  provisions  as  to  the 
Fondas  Dotalis  were  contained  in  the  Lex  Julia 
de  Adulteriis.  (Gaius,  il  63  ;  Paulos,  S,  JL  ii 
tlL  21.  s.  2  ;  Dig.  JM  Pmdo  DotaU^  2a  tit  5. 
I. ),  2, 13.)  This  Julia  Lex  was  commented  on  by 
Pspinisn,  Ulpian,  and  Paulus.  [Advltbrium.] 

Jdoiclarjab.  The  lex  referred  to  in  the  Digest 
(4.  tit  8.  S.4])  by  which  a  person  under  twenty 
yean  of  age  was  not  compelled  to  be  a  judex,  is 
pcobaUy  one  of  the  Leges  Juliae  Judiciariae. 
(GdL  xiv.  c.  2.)  As  to  the  other  Juliae  Leges 
Jodidaiiae,  see  Judxx. 

Ds  LxBs&is  Lbgationibusl  (Cic.  ad  AtLxr, 
11.)    [Lboatus.] 

Majutatu.  (Cic  PkiL  l  91.)  The  Lex 
Majestatis  of  the  Digest  (48.  tit  4)  is  probably  a 
lexorAogastus.  [Majb8TA&] 

Di  MABrrAKDi6  Ordinibu&  [Julia  bt 
Papia  Poppaba.] 

MuNidPALiB,  commonly  called  the  Table  of 
Heradca.  In  the  year  1732  tliere  were  found 
Mar  the  Gulf  of  Tarentum  and  in  the  neighbour- 
hood of  the  ancient  city  of  Heradea,  large  fzag* 
neno  of  a  bronze  tablet  which  contained  on  one 
nde  a  Roman  lex  and  on  the  other  a  Greek  in- 
Kription.  The  whole  is  now  in  the  Moseo  Bor- 
Weo  at  Naples.  The  lex  contains  various  pro- 
▼iiioiM  as  to  the  pc^ce  of  the  city  of  Rome,  and  as 
to  the  constitution  of  communities  of  Roman  citi- 
ttnt  (aiMnc^pta,  eolomaey  pra^durae,  /broy  o<m- 
oHobtJa  eidum  Rowtanorum).  It  was  accordingly 
« lex  of  that  kind  which  is  called  Satura. 

It  is  aomewhat  difficult  to  determine  the  date 
of  this  lex,  but  there  seem  to  be  only  two  dates 
vhieh  can  be  assumed  as  probable ;  one  is  the  time 
imoediaSely  after  the  Social  War,  or  shortly  after 
&&  89  ;  the  other  is  that  which  shortly  followed 
the  adffliHioo  of  theTranspadaai  to  the  civitas  (&& 


LEGES  JULIAE. 


691 


49).  This  klCer  date,  in  fitvonr  of  which  various 
considerations  preponderate,  seems  to  be  fixed 
about  the  year  b.  a  45  by  a  letter  of  Cicero  (ad 
Fam.  vL  18).  Compare  the  tablet  1.  94,  104,  as 
to  persons  whom  the  lex  excluded  from  the  office 
of  decuria 

It  seems  that  the  lex  of  the  year  &  a  49,  which 
gave  the  civitas  to  the  Transpadani,  enacted  that  a 
Roman  commissioner  should  be  sent  to  all  the 
towns  for  the  purpose  of  framing  regulations  for 
their  municipal  organisation.  The  Lex  Julia 
empowered  the  commissioners  to  continue  their 
Uboors  for  one  year  from  the  date  of  the  lex,  the 
terms  of  which  were  so  extended  as  to  comprise 
the  whole  of  Italy.  The  lex  was  therefore  appro- 
priately called  Municipalis,  as  being  one  which 
established  certain  reguktions  for  all  municipia  ; 
and  this  sense  of  the  term  municipalis  must  be  db  • 
tinguished  from  that  which  merely  refers  to  the 
load  usages  or  to  the  positive  laws  of  any  given 
pkce,  and  which  is  expressed  by  such  terms  as 
Lex  Municipii,  Lex  Civitatis,  and  other  equivalent 
tenos. 

The  name  Lex  Julia  rests  mainly  on  the  fiict 
(assumed  to  be  demonstrated)  that  this  lex  was 
passed  when  Julius  Caesar  was  m  the  possession  of 
full  power,  that  it  is  the  lex  referred  to  by  Cicero, 
and  that  it  is  improbable  that  it  would  have  been 
called  by  any  other  personal  appellation  than  that  of 
Julia.  It  is  further  proved  by  a  short  inscription 
found  at  Padua  m  1696,  that  there  was  a  Lox 
Julia  Municipalis  ;  and  the  contents  of  the  inscrip- 
tion (iiii  vir  aediliciae.  potestat  e  lege.  Julia 
Municipali)  compared  with  Cicero  (eratque  rumor 
de  Transpadanis  eos  jussos  mi  viros  creare,  ad 
Alt.  V.  2)  render  it  exceedingly  probable  that  the 
Lex  Julia  Municipalis  of  the  inscription  is  the  lex 
of  the  Table  of  Heraclea,  and  the  Lex  Municipalis 
of  the  Digest  (50.  tit  9.  s.  3  ;  Cod.  7.  tit  9.  s.  I  ; 
and  Dig.  50.  tit  1.  Ad  Mutdc^em  ei  de  Jnoolis). 

(Savigny,  Volkt$ddus$  der  Tafel  wm  Heradea^ 
Z^Uckrijiy  vol.  ix.  p.  300,  and  vol.  xl  p.  50,  as  to 
the  passage  of  Sueton.  Caemr.  41.  The  tablet  is 
printed  in  the  work  of  Mazochi,  Comm.  m  aeueas 
Tah,  Herod,  pi  1,  2.  Neap.  1754,  1755,  fol.,  with 
a  commentary  wlkich  contains  much  learning,  but 
no  sound  criticism). 

Julia  bt  Papia  Poppaba.  The  history  of 
this  lex  is  not  quite  clear.  Augustus  appears 
to  have  caused  a  lex  to  be  enacted  about  &  a  18, 
which  is  cited  as  the  Lex  Julia  de  Maritandis 
Ordinibns  (Dig.  38.  tit  11  ;  23.  tit  2),  aod  is  re- 
ferred to  in  the  Carmen  Secukre  of  Horace,  which 
was  written  ia  the  year  b.  &  17.  The  object  of 
this  lex  was  to  reguLite  marriages  as  to  which  it 
contained  numerous  provisions  ;  but  it  appears  not 
to  have  come  into  opemtion  till  the  year  ac.  13. 
Some  writers  conclude  from  the  passage  in  Sueto- 
nius {August,  34)  that  this  lex  was  rejected; 
and  add  that  it  was  not  enacted  until  a.  d.  4. 
In  the  year  A.  d.  9,  and  in  the  consulship  of  M. 
Papius  Mutilus  and  Q.  Poppaeus  Secundus  (con- 
tuiea  $ttfecH\  another  lex  was  passed  as  a  kind  of 
amendment  and  supplement  to  the  former  lex,  and 
hence  arose  the  title  of  Lex  Julia  et  Papia  Pop- 
poea  by  which  these  two  l<^es  are  often  quoted  ; 
for  it  has  been  inferred  from  the  two  Leges  being 
separately  cited  that  they  were  not  made  into  one. 
Various  titles  are  used  according  as  reference  is 
made  to  the  various  provisions  ;  sometimes  the  re- 
ference is  to  the  Lex  Julia,  sometimes  Papia  Pop- 

YT  2 


693 


LEGES  JULIAE. 


ri,  sometime*  Lex  Julia  et  Papia,  sometimet  Lex 
Maritandis  Ordinibiu,  from  the  chapter  which 
treated  of  the  marriages  of  the  senators  (Gaius,  L 
178  ;  Ulp.  Frag,  xi.  '20 ;  Lex  Marita,  Hor.  Carm. 
Se6.\  sometimes  Lex  Oidacaria,  Decimaria,  &c. 
from  the  yarious  chapters.  (Ulp.  Frag,  xxviiL  tit 
7  ;  Dion  Cass.  liv.  16,  Itl  1,  &c  ;  Tacit  Aim.  iil 
25.) 

There  were  many  commentaries  on  these  leges 
or  on  this  lex  by  the  Roman  jurists,  of  which  con- 
siderable fragments  are  preserved  in  the  Digest: 
Gaiufl  wrote  15  books,  U]pian,20,  and  Paulas  10 
books  at  least  on  this  lex.  The  lex  contained  at 
least  55  chapters  (Dig.  22.  tit  2.  s.  19)  ;  but  it  is 
impossible  to  say  to  which  of  the  two  leges  in- 
cluded under  the  general  title  of  Lex  Julia  et  Papia 
Poppaca,-  the  several  provisions  as  now  known  to 
UB,  belong.  Attempts  have  been  made  both  by  J. 
Gothofr«dus  and  Heineccius  to  restore  the  lex, 
on  the  assumption  that  its  provisions  are  reducible 
to  the  two  general  heads  of  a  Lex  Maritalis  and 
Lex  Oidttcaria. 

The  provisions  of  this  Lex  or  of  these  Leges 
forbade  the  marriage  of  a  senator  or  a  senator's 
children  with  a  libertina,  with  a  woman  whose 
fiuher  or  mother  had  followed  an  An  Ludicra, 
and  with  a  prostitute ;  and  also  the  marriage  of 
a  libertinus.  with  a  senator's  daughter.  If  an 
hereditas  or  a  legatum  was  left  to  a  perMn  on 
condition  of  not  marrying,  or  on  conditions  which 
in  effect  prevented  marriage,  the  conditions  were 
illegal,  and  the  gift  was  unconditional  The  con- 
dition, however,  might  be  not  to  marry  a  certain 
specified  person  or  certain  specified  persons  ;  or  it 
might  be^  to  marry  a  particular  person  ;  but  then 
the  person  must  be  such  a  one  as  would  be  a 
suitable  match,  otherwise  the  condition  would  be 
in  effect  a  condition  not  to  many,  and  therefore 
void.  (Dig.  35.  tit  1.  s.  63.) 

In  order  to  promote  marriage,  various  penalties 
were  imposed  on  those  who  lived  in  a  state  of  celi- 
bacy {caeUbtUiui)  after  a  certain  age.  Caelibes 
could  not  take  an  hereditas  or  a  legacy  {Itgct- 
turn)  \  but  if  a  person  was  caelebs  at  the  time  of 
the  testator*s  death,  and  was  not  otherwise  dis- 
qualified (Jur«  eiviU\  he  might  take  the  hereditas 
or  legatum,  if  he  obeyed  the  lex  within  one  hun- 
dred days,  that  is,  if  he  married  within  that  time. 
(Ulp.  Frag,  .xvii  1.)  If  he  did  not  comply  with 
the  lex,  the  gift  became  caducum.  [Caduca.] 
The  Lex  Julia  allowed  widows  a  term  of  one  year 
{vaofxHo)  from  the  death  of  a  husband,  and  di- 
vorced women  a  term  (vaoaHo)  of  six  months  from 
the  time  of  the  divorce,  within  which  periods  they 
were  not  subject  to  the  penalties  of  the  lex :  the 
Lex  Papia  extended  these  periods  respectively  to 
two  years,  and  a  year  and  six  months.  (Ulp. 
Frag,  xiv.) 

A  man  when  he  attained  the  age  of  sixty  and 
a  woman  when  she  attained  the  age  of  fifty  were 
not  included  within  certain  penalties  of  the  lex 
(Ulpian,  Frag,  xvi.) ;  but  if  they  had  not  obeyed 
the  lex  before  attaining  those  respective  ages,  they 
were  perpetually  bound  by  its  penalties  by  a  Se- 
natus-consultum  Pemicianum.  A  Senatus-consul- 
tum  Claudianum  so  fiir  modified  the  strictness  of 
the  new  rule  as  to  give  to  a  man  who  married  above 
sixty  the  some  advantage  that  he  would  have  had 
if  ho  had  married  under  sixty,  provided  he  mar- 
ried a  woraan  who  was  under  fifty ;  the  ground 
of  which  rnl*  was  thf*  l^isal  notion  that  a  woman 


LEGES  JULIAE. 

under  fifty  was  still  capable  of  having  childivn. 
(Ulp.  Frag,  xvi  ;  Sueton.  Cksmd.  23.)  If  the 
woman  was  above  fifty  and  the  man  under  sixty, 
this  was  called  Impar  Matrimonium,  and  by  a 
Senatus-consultum  Odvitianum  it  was  entirely 
without  eflfect  as  to  releasing  from  incapacity  to 
take  legata  and  dotes.  On  the  death  of  the  woinan, 
therefore,  the  doe  became  caduca. 

By  the  Lex  Pi^ia  Poppaea  a  candidate  who  bad 
several  children  was  preferred  to  one  who  had 
fewer.  (Tacit  Ann.  xv.  19  ;  Plin.  Ep,  viL  16.) 
Freedmen  who  had  a  certain  nmnber  of  children 
were  freed  **  operaram  obligatione  ^  (Dig.  38.  tit. 

1.  De  Operii  LAeriormm) ;  and  liberlae,  who  had 
four  children,  were  released  from  the  tutelaof  their 
patrons.  (Ulp.  fVag,  tit  29.)  Those  who  had 
three  children  living  at  Rome,  four  in  Italy,  and 
five  in  the  provinces,  were  excused  from  the  c&ct 
of  tutor  or  curator.  (Inst  1.  tit  25 ;  Dig.  27.  tit  1.) 
After  the  passing  of  this  lex,  it  became  nsnal  fur 
the  senate,  and  afterwards  the  emperor  (prinajx) 
to  give  occasionally,  as  a  privilege,  to  certain  per- 
sons who  had  not  children,  the  same  advantage 
that  the  lex  secured  to  those  who  had  chfldren. 
This  was  called  the  Jus  Liberorom.  Pliny  savs 
(i^.  il  13)  that  he  had  lately  obtained  from  the 
emperor,  for  a  friend  of  his,  the  Jus  Trium  Libero- 
rum.  (See  also  J^.  x.  95,  96  ;  and  Dion  Cass.  Iv. 

2,  and  the  note  of  Reimarus.)  This  privilege  is 
mentioned  in  some  inscriptions,  on  which  the  ab- 
breviation I.  L.  11.  (jaw  liberorwn  kabens)  some* 
times  occurs,  which  is  equivalent  to  *' jura  parentis 
habere.**  The  emperor  M.  Antoninus  provided 
that  children  should  be  registered  by  name  within 
thirty  dajt  after  their  birth  with  the  Piaefectos 
Aerarii  Satumi  ((}apitoL  Af.  ^a^  c.  9  ;  compare 
Juvenal,  Sat.  ix.  84.) 

The  lex  also  imposed  penalties  on  orii,  that  is, 
married  persons  who  had  no  children  (91a  libena 
non  habenty  Gaius,  ii.  1 1 1)  from  the  age  of  twenty- 
five  to  sixty  in  a  man,  and  from  the  age  of  twenty 
to  fifty  in  a  woman.  By  the  Lex  Papia,  orbi 
could  only  take  one  half  of  an  hereditas  or  legatum 
which  was  left  to  them.  (Gains,  ii.  266.)  It  ae&m 
that  an  attempt  had  been  made  to  evade  thb  part 
of  the  lex  by  adoptions,  which  a  Senatns-consultam 
Neronianum  declared  to  be  ineffectual  for  the  pur- 
pose of  relieving  a  person  from  the  penalties  of  the 
lex.  (Tacit  Ann.  xv.  19.) 

As  a  general  rule  a  husband  and  wife  oould  only 
leave  to  one  another  a  tenth  part  of  their  property ; 
but  there  were  exceptions  in  respect  of  children 
either  bom  of  the  marriage  or  by  another  marriage 
of  one  of  the  parties,  which  allowed  of  the  five 
disposal  of  a  larger  part  This  privilege  might 
also  be  acquired  by  obtaining  the  Jus  Liberoram. 
(Ulp.  Frag,  tit  xv.  xvL) 

As  to  some  provisions  of  this  Lex,  see  Patbokus. 

FmcvLATVB.    [Pbcvlatus.] 

Julia  et  Plautia,  which  enacted  that  there 
could  be  no  usucapion  in  things  obtained  by  robbery 
{vi  postesKte).  The  Twelve  Tables  had  already 
provided  that  there  could  be  no  noncapion  in  stolen 
things.  (Gaius,  ii.  45  ;  Inst  2.  tit  6.)  This  lex 
was  probably  passed  b.  a  89. 

Julia  Papiria.     [Papiria.] 

Ds  PROviNcn&  (Dion  Cass.  xliiL  25 ;  Orelli, 
Onomosftboa,  refers  to  this  Lex  Julia  de  Repe- 
tuhdis  the  regulations  de  ProvinciaUbus  Somptibus, 
which  Ernest!  considers  to  belong  to  the  Lex 
Julia  de  Repetundis.)    [Provincja&] 


LEX  JUNIA  VELLEIA. 
Dm  PuBUCANis  (Cic.  ad  Attic  ii.  16,  pro  On. 
Pltrnda,  c  14y  ed.  Wunder ;  Appian,  BdL  Civ,  ii. 
13.) 

RSPXTDNDARUM.      [RxPBTUNDAB.] 
Dk    RXSIOUIS.      [PiCULATUS.] 

Dx  Saczrdotiis.  (Cic  Ep,  ad  BnUmn^  i.  5.) 

Dm  SAI3ULBOI&    [Pbcvlatus.] 

SuMTUARiA,  paased  in  the  time  of  Julius  Caesar 
(IHoa  OuB.  zHiL  25)  and  one  under  Auguatns. 
(GelL  iL  24.)     [Sumtuariar  Lrgis.] 

Thratralis  (Saeton.  Aug.  40 ;  Plin.  xxxiii. 
2\  which  pennitted  Roman  equites,  in  caae  they  or 
their  parents  had  erer  had  a  oensu  equestiia,  to 
lit  in  the  fourteen  rows  (qtuUuordeeim  ordine$) 
fixed  by  the  Lex  Roacia  Theatralia,  B.  c.  67. 

Julia  xt  Titia  (Inst.  1.  tit.  20)  empowered 
the  praeses  of  a  provinee  to  appoint  a  tutor  for 
women  and  pnpiUi  who  bad  none.  (V\p.  Frag,  xi. 
18.)  A  Lex  Atilia  of  earlier  but  uncertain  date 
had  giren  the  same  power  at  Rome  to  the  praetor 
urbanus  and  the  majority  of  the  tribuni  plebis ;  and 
the  new  lex  was  paased  in  order  to  extend  the 
fame  adTantages  to  the  provinces.  There  are  some 
reaaons  for  supposing  that  there  were  two  leges,  a 
Julia  and  a  Titia ;  and  among  those  reaso